E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, MAY 25, 1999 No. 76 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING and my children. I have a son and called to order by the Honorable PRESIDENT PRO TEMPORE daughter-in-law who today still wor- GEORGE V. VOINOVICH, a Senator from The PRESIDING OFFICER. The ship in his church and have been great- the State of Ohio. clerk will please read a communication ly impacted by his ministry. Pastor The PRESIDING OFFICER. This to the Senate from the President pro Floyd has a national television min- morning we are privileged to have with tempore [Mr. THURMOND]. istry and has touched lives all across us a guest Chaplain, Dr. Ronnie W. The legislative clerk read the fol- this country. It is a great privilege Floyd, of the First Baptist Church, lowing letter: today to have him in our Nation’s Cap- Springdale, AR. itol ministering to us in the Senate. U.S. SENATE, Pastor Floyd. PRESIDENT PRO TEMPORE, I thank the Chair. I yield the floor. Washington, DC, May 25, 1999. The ACTING PRESIDENT pro tem- PRAYER To the Senate: pore. The Senator from New Hamp- Under the provisions of rule I, section 3, of shire. The guest Chaplain, Dr. Ronnie W. the Standing Rules of the Senate, I hereby f Floyd, First Baptist Church, Spring- appoint the Honorable GEORGE V. VOINOVICH, dale, AR, offered the following prayer: a Senator from the State of Ohio, to perform SCHEDULE Let us pray together. the duties of the Chair. Mr. SMITH of New Hampshire. Mr. Holy God, I thank You that Your STROM THURMOND, President pro tempore. President, the leader has asked me to Word says in Romans 13:1, ‘‘For there make a couple of announcements this is no authority except from God, and Mr. VOINOVICH thereupon assumed morning. those which exist are established by the chair as Acting President pro tem- The Senate, of course, will resume God.’’ I am thankful the authority pore. consideration of the defense authoriza- granted to these Senators today has f tion bill, and under the previous order not been granted simply by their con- the Senate will debate several amend- stituencies but, most of all, that au- RECOGNITION OF THE ACTING MAJORITY LEADER ments with the votes on those amend- thority is given by You. ments occurring in a stacked sequence Therefore, O God, the responsibility The ACTING PRESIDENT pro tem- beginning at 2:15 today. Therefore, Sen- is so great upon these men and women pore. The Senator from New Hamp- ators can expect at least three votes today. Every decision that is made has shire. occurring at 2:15 this afternoon. It is such a great impact all across the Mr. SMITH of New Hampshire. Mr. the intention of the majority leader to world. President, I yield to the distinguished complete action on this bill as early as So Lord, I ask for the Holy Spirit of Senator from Arkansas. possible this week, and therefore Sen- God to empower these leaders in their The ACTING PRESIDENT pro tem- ators can expect busy sessions each day decisionmaking today. May the Word pore. The Senator from Arkansas. and evening. of God be their source of authority. Mr. HUTCHINSON. Mr. President, I I thank my colleagues for their at- May the Lord Jesus Christ be the only thank the Senator for yielding. tention to this matter. One they desire to please. May the peo- f f ple they represent in this country, whether rich or poor, male or female, DR. RONNIE W. FLOYD, GUEST RESERVATION OF LEADER TIME or whatever race they may represent, CHAPLAIN The ACTING PRESIDENT pro tem- be the beneficiaries of godly, holy, de- Mr. HUTCHINSON. Mr. President, I pore. Under the previous order, the cisionmaking today. take a moment to express my apprecia- leadership time is reserved. O Father, America needs spiritual re- tion to our guest Chaplain, Pastor Ron- f vival, reformation, and awakening. So nie Floyd, Pastor of the First Baptist God, in the name of Your son, Jesus Church, Springdale, AR, who led the NATIONAL DEFENSE AUTHORIZA- Christ, we close this prayer, asking Senate in our opening prayer today. TION ACT FOR FISCAL YEAR 2000 You and believing in You to send a Chaplain Ogilvie was gracious enough The ACTING PRESIDENT pro tem- spiritual revival to our Nation that to allow Pastor Floyd to lead us in pore. Under the previous order, the would change lives, renew churches, re- prayer. Senate will now resume consideration store and refresh family relationships, Pastor Floyd has been a dear friend of S. 1059, which the clerk will report. provide hope to every American and, of mine for many years; he has had a The legislative assistant read as fol- most of all, give You glory. Amen. tremendous impact upon my family lows:

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S5889

. S5890 CONGRESSIONAL RECORD — SENATE May 25, 1999 A bill (S. 1059) to authorize appropriations The ACTING PRESIDENT pro tem- Congressional investigation of Pearl for fiscal year 2000 for military activities of pore. Without objection, it is so or- Harbor that followed by the Roberts the Department of Defense, for military con- dered. Commission. In the 50 years since then, struction, and for defense activities of the (The remarks of Mr. SMITH of New Mr. Hanify has carefully followed all Department of Energy, to prescribe per- sonnel strengths for such fiscal year for the Hampshire pertaining to the submis- subsequent developments on the Pearl Armed Forces, and for other purposes. sion of S.J. Res. 25 are located in to- Harbor catastrophe and the allocation day’s RECORD under ‘‘Statements on In- Pending: of responsibility for that disaster. troduced Bills and Joint Resolutions.’’) Roberts/Warner amendment No. 377, I would like to quote a few brief para- to express the sense of the Senate re- AMENDMENT NO. 388 graphs from Mr. Hanify’s letter of last garding the legal effect of the new The ACTING PRESIDENT pro tem- September, because it eloquently sum- Strategic Concept of NATO (the docu- pore. Under the previous order, there marizes the overwhelming case for long ment approved by the Heads of State will be 30 minutes of debate, equally di- undue justice for Admiral Kimmel. Mr and Government participating in the vided, with an additional 10 minutes Hanify writes: meeting of the North Atlantic Council under the control of the Senator from The odious charge of ‘‘dereliction of duty’’ in Washington, D.C., on April 23 and 24, Texas, Senator GRAMM, relative to the made by the Roberts Commission was the cause of almost irreparable damage to the 1999). Roth amendment No. 388. Mr. ROTH. I yield 5 minutes to the reputation of Admiral Kimmel, despite the Warner amendment No. 378 (to distinguished Senator from Massachu- fact that the finding was later repudiated Amendment No. 377), to require the setts. and found groundless. President to submit to the Senate a re- The ACTING PRESIDENT pro tem- I am satisfied that Admiral Kimmel was port containing an analysis of the po- subject to callous and cruel treatment by his pore. The Senator from Massachusetts. tential threats facing NATO in the superiors who were attempting to deflect the Mr. KENNEDY. Mr. President, I blame ultimately ascribed to them, particu- first decade of the next millennium, strongly support this amendment, with particular reference to those larly on account of their strange behavior on which will at long last restore the rep- the evening of December 6th and morning of threats facing a member nation or sev- utations of two distinguished military December 7th in failing to warn the Pacific eral member nations where the com- officers who were unfairly scapegoated Fleet and the Hawaiian Army Department mitment of NATO forces will be ‘‘out of for the surprise attack on Pearl Harbor that a Japanese attack on the United States area’’, or beyond the borders of NATO by Japan at the beginning of World was scheduled for December 7th, and that intercepted intelligence indicated that Pearl member nations. War II—Admiral Husband E. Kimmel of Wellstone amendment No. 380, to ex- Harbor was a most probable point of attack. the United States Navy and General Washington had this intelligence and knew pand the list of diseases presumed to be Walter C. Short of the United States service-connected for radiation-exposed that the Navy and Army in Hawaii did not Army. have it, or any means of obtaining it. veterans. This amendment gives us an oppor- Subsequent investigation by both services Wellstone amendment No. 381, to re- tunity to correct a serious wrong in the repudiated the ‘‘dereliction of duty’’ charge. quire the Secretary of Defense to pro- history of that war. Admiral Kimmel In the case of Admiral Kimmel, the Naval vide information and technical guid- and General Short were the Navy and Court of Inquiry found that his plans and dis- ance to certain foreign nations regard- Army commanders at Pearl Harbor positions were adequate and competent in ing environmental contamination at light of the information which he had from during the attack on December 7, 1941. Washington—adequate and competent in the United States military installations Despite their loyal and distinguished closed or being closed in such nations. light of the information he had from Wash- service, Admiral Kimmel and General ington. Wellstone amendment No. 382, to re- Short were unfairly singled out for Mr. Hanify concludes: quire the Secretary of Health and blame for the nation’s lack of prepara- The proposed legislation provides some Human Services to provide Congress tion for that attack and the catas- with information to evaluate the out- measure of remedial Justice to a conscien- trophe that took place. tious officer who for years unjustly bore the come of welfare reform. Justice for these men is long over- Specter amendment No. 383, to direct odium and disgrace associated with the Pearl due. Wartime investigations of the at- Harbor catastrophe. the President, pursuant to the United tack on Pearl Harbor concluded that States Constitution and the War Pow- I have also heard from the surviving our fleet in Hawaii under the command son of Admiral Kimmel. He and others ers Resolution, to seek approval from of Admiral Kimmel and our land forces Congress prior to the introduction of in his family have fought for over half under the command of General Short a century to restore their father’s ground troops from the United States had been properly positioned, given the Armed Forces in connection with the honor and reputation. As Edward Kim- information they had received, and mel wrote: present operations against the Federal that their superior officers had not Republic of Yugoslavia or funding for Justice for my father and Major General given them vital intelligence that Short is long overdue. It has been a long that operation will not be authorized. could have made a difference, perhaps Roth amendment No. 388, to request hard struggle by the Kimmel and Short fami- all the difference, in America’s pre- lies to get to this point. the President to advance the late Rear paredness for the attack. These conclu- No public action can ever fully atone Adm. (retired) Husband E. Kimmel on sions of the wartime investigations the retired list of the Navy to the high- for the injustice suffered by these two were kept secret, in order to protect officers. But the Senate can do its part est grade held as Commander in Chief, the war effort. Clearly, there is no United States Fleet, during World War by acting now to correct the historical longer any justification for ignoring record, and restore the distinguished II, and to advance the late Maj. Gen. these facts. (retired) Walter C. Short on the retired reputations of Admiral Kimmel and I first became interested in this issue General Short. list of the Army to the highest grade when I received a letter last fall from a I commend Senator BIDEN and Sen- held as Commanding General, Hawai- good friend in Boston who for many ian Department, during World War II, ator ROTH for their leadership on this years has been one of the pre-eminent amendment, and I urge the Senate to as was done under the Officer Per- lawyers in America, Edward B. Hanify. sonnel Act of 1947 for all other senior support it, and I ask unanimous con- As a young Navy lawyer and Lieuten- sent that Mr. Hanify’s letter be printed officers who served in positions of com- ant J.G. in 1944, Mr. Hanify was as- mand during World War II. in the RECORD. signed as counsel to Admiral Kimmel. There being no objection, the letter PRIVILEGE OF THE FLOOR As Mr. Hanify told me, he is probably was ordered to be printed in the Mr. SMITH of New Hampshire. Mr. one of the few surviving people that RECORD, as follows: President, I ask unanimous consent heard Kimmel’s testimony before the that Maj. Clint Crosier, an Air Force Naval Court of Inquiry. He accom- Hon. EDWARD M. KENNEDY, Russell Senate Office Building, fellow in my office, be granted floor panied Admiral Kimmel when he testi- Washington, DC. privileges throughout the proceedings fied before the Army Board of Inves- DEAR SENATOR KENNEDY: I am advised that on the fiscal year 2000 authorization tigation, and he later heard substan- a Resolution known as the Roth/Biden Reso- and appropriations bills. tially all the testimony in the lengthy lution has been introduced in the Senate and May 25, 1999 CONGRESSIONAL RECORD — SENATE S5891 that it has presently the support of the fol- Mr. LEVIN addressed the Chair. that advancement of Admiral Kimmel and lowing Senators: Roth; Biden; Helms; Thur- The ACTING PRESIDENT pro tem- General Short on the retired list is war- mond; Inouye; Stevens; Specter; Hollings; pore. The Senator from Michigan. ranted. Faircloth; Cochran and McCain. The sub- Mr. LEVIN. Mr. President, I yield I appreciate the fact that the over- stance of the Resolution is to request the myself 5 minutes. whelming consensus of the organizations and President to advance the late Rear Admiral personnel mentioned in your letter rec- Husband E. Kimmel to the grade of Admiral On December 7, 1941, when Pearl Har- bor was attacked by Japan, the com- ommend exoneration of Admiral Kimmel and on the retired list of the Navy and to ad- General Short. Absent significant new infor- vance the late Major General Walter C. manders on the ground were Rear Ad- mation, however, I do not believe it appro- Short to the grade of Lieutenant General on miral Kimmel and Major General priate to order another review of this mat- the retired list of the Army. Short. Rear Admiral Kimmel was serv- ter. Admiral Kimmel at the time of Pearl Har- ing in the grade of admiral as com- Ed Dorn and I both agree that responsi- bor was Commander in Chief of the Pacific mander in chief of the U.S. Fleet and bility for this tragic event in American his- Fleet then based in Pearl Harbor and Gen- tory must be broadly shared, yet I remain eral Short was the Commanding General of commander in chief, U.S. Pacific Fleet. confident in the findings that Admiral Kim- the Hawaiian Department of the Army. Major General Short was serving in the The reason for my interest in this Resolu- grade of lieutenant general as com- mel and General Short remain accountable tion is as follows: In early 1944 when I was a mander of the U.S. Army Hawaiian De- in their positions as leaders. Lieutenant j.g. (U.S.N.R.) the Navy Depart- partment. Based on their performance To highlight very briefly the findings ment gave me orders which assigned me as at Pearl Harbor, both officers were re- of the Under Secretary of Defense in one of counsel to the defense of Admiral the Dorn report, referred to by the Sec- Kimmel in the event of his promised court lieved of their commands and were re- martial. As a consequence, I am probably turned to their permanent ranks of retary of Defense, I will quote three or one of the few living persons who heard the rear admiral and major general on De- four of the findings. testimony before the Naval Court of Inquiry, cember 16, 1941. Finding 1: accompanied Admiral Kimmel when he testi- The duty performance of Rear Admi- Responsibility for the Pearl Harbor dis- fied before the Army Board of Investigation ral Kimmel and Major General Short aster should not fall solely on the shoulders and later heard substantially all the testi- has been the subject of numerous mili- of Admiral Kimmel and General Short; it mony before the members of Congress who tary, governmental, and congressional should be broadly shared. carried on the lengthy Congressional inves- tigation of Pearl Harbor. In the intervening inquiries since that time. The most re- Finding 2: cent examination was by Under Sec- fifty years I have followed very carefully all To say that responsibility is broadly subsequent developments dealing with the retary of Defense Edwin Dorn in 1995. shared is not to absolve Admiral Kimmel and Pearl Harbor catastrophe and the allocation The Defense Department, after re- General Short of accountability. of responsibility for that disaster. viewing all of these inquiries, has con- Military command is unique. A com- On the basis of this experience and further cluded that posthumous advancement mander has plenary responsibility for the studies over a fifty year period I feel strong- in rank is not appropriate. In short, in welfare of the people under his or her com- ly: mand, and is directly accountable for every- (1) That the odious charge of ‘‘dereliction this 1995 review, the Department of De- thing the unit does or fails to do. . . . Com- of duty’’ made by the Roberts Commission fense concluded that Admiral Kimmel mand at the three- and four-star level in- was the cause of almost irreparable damage and General Short, as commanders on volves daunting responsibilities. Military of- to the reputation of Admiral Kimmel despite the scene, were responsible and ac- ficers at that level operate with a great deal the fact that the finding was later repudi- countable for the actions of their com- of independence. They must have extraor- ated and found groundless; mands. Accountability as commanders (2) I am satisfied that Admiral Kimmel was dinary skill, foresight and judgment, and a is a core value in our Armed Forces. willingness to be accountable for things subject to callous and cruel treatment by his Rear Admiral Kimmel’s and Major superiors who were attempting to deflect the about which they could not possibly have blame ultimately ascribed to them, particu- General Short’s superiors at the time personal knowledge. . . . larly on account of their strange behavior on determined that their service was not It was appropriate that Admiral Kimmel the evening of December 6th and morning of satisfactory and relieved them of their and General Short be relieved. December 7th in failing to warn the Pacific commands and returned them to their Then he goes into the information Fleet and the Hawaiian Army Department permanent grades. We should not, in that he had. that a Japanese attack on the United States my judgment, some 57 years later, sub- was scheduled for December 7th at 1:00 p.m. I yield myself just 1 additional stitute the judgment of a political minute. Washington time (dawn at Pearl Harbor) and body—the Congress—for what was es- that intercepted intelligence indicated that The PRESIDING OFFICER (Mr. AL- sentially a military decision by the ap- Pearl Harbor was a most probable point of LARD). The Senator may continue. propriate chain of command at the attack; (Washington had this intelligence Mr. LEVIN. Mr. President, finally in time. and knew that the Navy and Army in Hawaii finding 3, the Dorn report says: did not have it or any means of obtaining it). Those who were in the best position (3) Subsequent investigations by both serv- to characterize their service have done The official treatment of Admiral Kimmel ices repudiated the ‘‘dereliction of duty’’ so. Their superiors concluded that Rear and General Short was substantively tem- charge and in the case of Admiral Kimmel Admiral Kimmel and Major General perate and procedurally proper. the Naval Court of Inquiry found that his Then finally: plans and dispositions were adequate and Short did not demonstrate the judg- competent in light of the information which ment required of people who serve at There is not a compelling basis for advanc- he had from Washington. the three- and four-star level. I do not ing either officer to a higher grade. The proposed legislation provides some believe that this political body should Their superiors concluded that Admiral measure of remedial Justice to a conscien- now attempt to reverse that decision Kimmel and General Short did not dem- tious officer who for years unjustly bore the made by the chains of command in our onstrate the judgment required of people odium and disgrace associated with the Pearl military service. So I join the chair- who serve at the three- and four-star level. Harbor catastrophe. You may be interested to know that a Senator from Massachusetts, man of the Armed Services Committee * * * * * Honorable David I. Walsh then Chairman of in opposing this amendment. In sum, I cannot conclude that Admiral the Naval Affairs Committee, was most ef- I also note the letter from the Sec- Kimmel and General Short were victims of fective in securing legislation by Congress retary of Defense to the then chairman unfair official actions and thus I cannot con- which ordered the Army and Navy Depart- of our committee, STROM THURMOND, clude that the official remedy of advance- ments to investigate the Pearl harbor dis- saying the following: ment on the retired list [is] in order. aster—an investigation conducted with all While Under Secretary of Defense for Per- Mr. President, I ask unanimous con- the ‘‘due process’’ safeguards for all inter- sonnel and Readiness, Mr. Edwin Dorn, con- sent that portions of the Dorn report ested parties not observed in other investiga- ducted a thorough review of this issue in and the Secretary of Defense letter in tions or inquiries. 1995. He carefully considered the information I sincerely hope that you will support the opposition to the advancement of these contained in nine previous formal investiga- two gentlemen be printed in the Roth/Biden Resolution. tions, visited Pearl Harbor and personally RECORD. Sincerely, met with the Kimmel and Short families. His EDWARD B. HANIFY. conclusion was that responsibility for the There being no objection, the mate- The ACTING PRESIDENT pro tem- Pearl Harbor disaster must be broadly rial was ordered to be printed in the pore. Who yields time? shared, but that the record does not show RECORD, as follows: S5892 CONGRESSIONAL RECORD — SENATE May 25, 1999 [Memorandum for the Deputy Secretary of redress a grave injustice that haunts us Fourth, these investigations found Defense] from World War II. that these failures and shortcomings of ADVANCEMENT OF REAR ADMIRAL KIMMEL AND That injustice was the scapegoating the senior authorities in Washington MAJOR GENERAL SHORT of Admiral Kimmel and General Short contributed significantly, if not pre- 1. Responsibility for the Pearl Harbor dis- for the success of the disastrous Pearl dominantly, to the success of the sur- aster should not fall solely on the shoulders Harbor attack. This unjust prise attack on Pearl Harbor. of Admiral Kimmel and General Short; it scapegoating was given unjust perma- The PRESIDING OFFICER. The 4 should be broadly shared. nence when these two officers were not minutes have expired. 2. To say that responsibility is broadly shared is not to absolve Admiral Kimmel and advanced on the retirement list to Mr. ROTH. Mr. President, I yield the General Short of accountability. their highest ranks of wartime com- floor. 3. The official treatment of Admiral Kim- mand, an honor that was given to every Mr. GRAMM addressed the Chair. mel and General Short was substantively other senior commander who served in The PRESIDING OFFICER. The Sen- temperate and procedurally proper. wartime positions above his regular ator from Texas. There is not a compelling basis for advanc- grade. Mr. GRAMM. Mr. President, I under- ing either officer to a higher grade. Our amendment is almost an exact stand under the previous order I have His nomination is subject to the advice and rewrite of Senate Joint Resolution 19, 10 minutes. consent of the Senate. A nominee’s errors The PRESIDING OFFICER. The Sen- and indiscretions must be reported to the that benefits from the support of 23 co- Senate as adverse information. sponsors. It calls for the advancement ator is correct. In sum, I cannot conclude that Admiral on the retirement lists of Kimmel and Mr. GRAMM. Mr. President, I have Kimmel and General Short were victims of Short to the grades of their highest the highest regard for Senator ROTH, unfair official actions and thus I cannot con- wartime commands—as was done for our distinguished chairman of the Fi- clude that the official remedy of advance- every other officer eligible under the nance Committee. One can tell by ment to the retired list in order. Admiral Officer Personnel Act of 1947. looking at all the books on his desk Kimmel and General Short did not have all Such a statement by the Senate that he has done considerable research the resources they felt necessary. Had they would do much to remove the stigma of in this area. I have not done similar re- been provided more intelligence and clearer search in this area. But this is an issue guidance, they might have understood their blame that so unfairly burdens the rep- situation more clearly and behaved dif- utation of these two officers. It is a that I have followed for my period of ferently. Thus, responsibility for the mag- correction consistent with our military service in Congress, and I have followed nitude of the Pearl Harbor disaster must be tradition of honor. it in part because of an interest in it, shared. But this is not a basis for contra- Allow me to review some key facts and in part because of my interest in dicting the conclusion, drawn consistently about this issue. the efforts of Dr. Samuel Mudd to ex- over several investigations, that Admiral First, it is a fact that Kimmel and onerate his name from the role that he Kimmel and General Short committed errors Short were the only two World War II is alleged to have played and in fact of judgment. As commanders, they were ac- was convicted of playing in the post-as- countable. officers eligible under the Officer Per- sonnel Act of 1947 for advancement on sassination activities related to Presi- THE SECRETARY OF DEFENSE, the retired list who were not granted dent Lincoln. Washington, DC, November 18, 1997. such advancement. No other officer or But I have come to the floor today to Hon. STROM THURMOND, official paid a price for their role in the oppose this amendment because I Chairman, Committee on Armed Services, Pearl Harbor disaster. That fact alone strongly object to Congress getting U.S. Senate, Washington, DC. unfairly perpetuates the scapegoating into the business of rewriting history. DEAR MR. CHAIRMAN: Thank you for your they endured for the remainder of their This is an old issue. There has been a interest in exonerating the names of Admiral lot of talk over the years about Admi- Kimmel and General Short. In the years lives. since the fateful events at Pearl Harbor Second, there have been no less than ral Kimmel and about General Short, there have been numerous formal investiga- nine official investigations on this and about the facts in the wake of the tions of the events leading up to the attack, matter over the last five decades. They greatest military disaster in American including sharp debate over our state of include the 1944 Naval Court of Inquiry history at Pearl Harbor. And there is readiness at the time. which completely exonerated Admiral no question about the fact that we While Under Secretary of Defense for Per- Kimmel and the 1944 Army Pearl Har- were asleep on December 7th of 1941. sonnel and Readiness, Mr. Edwin Dorn con- bor Board who found considerable fault There is no question about the fact ducted a thorough review of this issue in in the War Department—General that Kimmel and Short had a great 1995. He carefully considered the information contained in nine previous formal investiga- Short’s superiors. These investigations shortcoming in that they did not talk tions, visited Pearl Harbor and personally include that conducted by a 1991 Board to each other and put together the in- met with the Kimmel and Short families. His for the Correction of Military Records formation they had. But there is prob- conclusion was that responsibility for the which recommended General Short’s ably no question about the fact that in Pearl Harbor disaster must be broadly advancement on the retired list. the wake of that disaster, there was an shared, but that the record does not show I can think of few issues of this na- effort to put the blame on someone. It that advancement of Admiral Kimmel and ture that have been as extensively in- is also true that subsequent studies General Short on the retired list is war- vestigated and studied as the Pearl have concluded there was broad culpa- ranted. I appreciate the fact that the over- Harbor matter. Nor can I think of a se- bility. whelming consensus of the organizations and ries of studies conducted over five dec- But here is the point I want to make. personnel mentioned in your letter rec- ades where conclusions have been so re- We have a Board for the Correction of ommend exoneration of Admiral Kimmel and markably consistent. Military Records. We have an on-going General Short. Absent significant new infor- They include, first, the Hawaiian process within the Department of De- mation, however, I do not believe it appro- commanders were not provided vital fense to reevaluate decisions that have priate to order another review of this mat- intelligence they needed and that was been made. This decision about Kim- ter. available in Washington prior to the mel and Short bubbled all the way up Ed Dorn and I both agree that responsi- bility for this tragic event in American his- attack on Pearl Harbor. to President Bush, who as you know, tory must be broadly shared, yet I remain Second, the disposition of forces in was the youngest naval aviator in confident in the findings that Admiral Kim- Hawaii were proper and consistent with American history in World War II. mel and General Short remain accountable the information made available to Ad- President Bush decided to let con- in their positions as leaders. miral Kimmel and General Short. temporaries be the judge of historical Sincerely, Third, these investigations found events, and so he made the decision not BILL COHEN. that the handling of intelligence and to override the decision of military Mr. ROTH. Mr. President, I yield my- command responsibilities in Wash- leaders at the time of Pearl Harbor. self 4 minutes. ington were characterized by inepti- We had another review that ended on I rise to address the Kimmel-Short tude, limited coordination, ambiguous December 15th of 1995. That review was resolution which I and Senators BIDEN, language, and lack of clarification fol- headed by Under Secretary of Defense THURMOND, and KENNEDY introduced to lowup. for Personnel and Readiness, Edwin S. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5893 Dorn. Dorn concluded that, while it Having met John Wilkes Booth three senior retired officers of the highest was clear that there was broad culpa- times, being a physician whose job it rank. For example, Arleigh Burke sent bility, there was not sufficient evi- was to recognize traits in people, he a letter in which he concluded that: dence available now to override the supposedly treated John Wilkes Booth It is my considered judgment that when all previous decision, which did not in- and never recognized him. Contem- the circumstances are considered that you clude court-martial of these two mili- poraries at the time said no. As a re- should approve this posthumous promotion tary leaders; it simply included retir- sult, they sent him to prison. He was and recommend it to the President. ing them at their permanent rank later pardoned due to some of the good The record is clear that important infor- mation, available to the Chief of Naval Oper- rather than their temporary rank. work he did in prison. Never again in ations in Washington, was never made avail- Some of you will remember this issue his lifetime did he challenge the judg- able to Admiral Kimmel in Hawaii. because we went through it with a ment. But yet now we are on the verge Lastly, the Naval Court of Inquiry, which four-star admiral when there were of having, because of the political in- exonerated Admiral Kimmel, concluded that questions about the abuse of women on fluence of that family, a decision in the his military decisions were proper based on his watch in the Navy. Some of you Defense Department to override his- the information available to him. will remember that we actually had to tory. Let me now refer to a letter we re- cast a vote in that case. The issue was I think we make a mistake by doing ceived from several distinguished mem- whether he should retire at his perma- that. In this case, we have had a judg- bers of the Navy: Thomas Moorer, Ad- nent rank, which was a two-star admi- ment by President Bush, a naval avi- miral, U.S. Navy; former Chairman, ral, or as a four-star admiral. We had a ator, a hero of the very war where this Joint Chiefs of Staff, William J. Crowe, very close vote on the decision to allow decision was made, who decided not to Admiral, U.S. Navy; J.L. Holloway, Ad- him to retire with his four-star rank, rewrite history. miral, U.S. Navy; Elmo Zumwalt, Ad- which he held on the day he left the I think we should not decide to re- miral, U.S. Navy. They wrote: military. write history here today. I think this We ask that the honor and reputations of It is true that normally, military amendment is well intended and based two fine officers who dedicated themselves flag officers are allowed to retire above on tremendous research and on a great to the service of their country be restored. their permanent rank to the higher deal of fact. The point is, we are not Admiral Husband Kimmel and General Wal- temporary rank held on the day they the body that should be making this ter Short were singularly scapegoated as re- are severed from the military. But that sponsible for the success of the Japanese at- judgment. There is a process underway. tack on Pearl Harbor December 7, 1941. The is not always the case, and it is nor- That process has come to the level of time is long overdue to reverse this inequity mally done as an indication that they the President once; it has come to the and treat Admiral Kimmel and [G]eneral have provided excellent service. level of the Under Secretary of Defense Short fairly and justly. The appropriate ve- It was not an extraordinary thing in once; and in both cases, they have said hicle for that is the current Roth-Biden Res- the wake of Pearl Harbor to, No. 1, re- they would allow the judgment of his- olution. tire the two officers in charge and, No. tory to stand. Mr. President, I yield back the re- 2, retire them at their permanent rank It is not as if these two military lead- mainder of my time. rather than elevating their rank upon ers were court-martialed. They were The PRESIDING OFFICER. The Sen- retirement. simply retired, something that happens ator from Virginia. I urge my colleagues, with all due re- every day in the military. And they Mr. WARNER. Mr. President, last spect to Senator ROTH, to let history were retired at their permanent rank, night the distinguished Senator ROTH be the judge of what happened at Pearl which is not ordinary but it is cer- and I had an extensive debate on this Harbor. We have a process within the tainly not extraordinary. issue, and we are basically covering Defense Department where rec- What should be extraordinary is that much of the same ground this morning. ommendations can be made, where retirement at temporary rank ought to I repeat, I just got off the phone with facts can be gathered on an objective be a reward for conspicuous service. the Secretary of Defense Bill Cohen, basis, where the review can come up to And while each of us can make our his predecessor, Bill Perry. the level of the Secretary of Defense judgment about history that occurred The Dorn report went through this and then come to the President, if nec- in 1941, almost 58 years ago, I do not whole case very carefully. essary, to make a final decision. Presi- believe we have the ability, nor do I be- I recited the list of some nine tribu- dent Bush refused to override the judg- lieve we have the moral authority as a nals, including the Congress of the ment of history. The Clinton adminis- political body, to go back and rewrite United States, that reviewed this mat- tration, through Under Secretary Dorn, history. I ask my colleagues to oppose ter, and certainly did not reach any has refused to override the judgment of this amendment. conclusion that the action to which my history. I yield back the remainder of my good friend and colleague, the Senator Now, there is no doubt about the fact time. from Delaware, asks the Senate to do that Senator ROTH believes he is suffi- Mr. ROTH. Mr. President, I yield my- today. ciently knowledgeable about this case self 2 minutes. I associate myself with the remarks to override the judgment of history We are not rewriting history. We are of our colleague from Texas. here. But I ask the other 99 Members of merely correcting the record. Just let But it is interesting. This is very ex- the Senate, are we sufficiently in- me point out that the Dorn report, tensive research performed by our col- formed? Do we want to set a precedent which has been mentioned time and league. I took the liberty of taking the here or build on precedents, bad prece- again by those in opposition, specifi- book last night and going home to read dents in my opinion, that have been set cally concluded that responsibility for it, which is a summary of the congres- in the past, of trying to write history the Pearl Harbor disaster should not sional hearings. What I find interesting on the floor of the Senate? I think we fall solely on the shoulders of Admiral is that the Congress absolutely put for- need to leave it to the official process. Kimmel and General Short; it should ward some of the most distinguished We need to leave it to historians to be broadly shared. Let me emphasize Members of the House and the Senate make these judgments. that: It should be broadly shared. In to form the Joint Committee on the In- I have been personally involved now other words, there were others respon- vestigation of the Pearl Harbor Attack: for several years with the Dr. Mudd sible, primarily in Washington. To Alben Barkley, Senator from Kentucky case. What has happened in that case is place the blame on these two gentle- was the chairman; Jere Cooper, Rep- that Dr. Mudd has many influential men, who had distinguished military resentative from Tennessee, was the heirs and they have set a goal of exon- careers, is wrong and is unfair. I be- Vice Chairman. On the Senate side, erating him. We now have gone lieve we have a responsibility, a duty, just look at the names of the individ- through this extraordinary process to recommend to the President action uals. Based on my own not personal where we literally are on the verge of that corrects this unfortunate misdeed. knowledge but study of their careers in making a decision, where the Federal In making this decision, let me point the Senate, they certainly were viewed courts have gotten involved, not on the out that a number of endorsements of as among the giants of the Senate dur- issue of whether Dr. Mudd was guilty. my resolution have been received from ing that critical period in history of S5894 CONGRESSIONAL RECORD — SENATE May 25, 1999 World War II: Walter F. George, Sen- into consideration. Look at the volu- can the current Secretary of Defense, ator from Georgia; Scott Lucas, Sen- minous factual situation. and, indeed, the previous Secretary of ator from Illinois; Owen Brewster, Sen- I asked my good friend last night: Defense, and others who have looked at ator from Maine; Homer Ferguson, Are there any new facts on which the this set of documents previously. Senator from Michigan. They were the Senate could have as a predicate the I yield the floor. elderly statesmen, the leaders of the changing of this decision of the joint Mr. ROTH. Mr. President, I yield 4 Senate. congressional committee? And, quite minutes to the distinguished senior In their report, this is what the Com- candidly, my colleague from Delaware Senator from Delaware. mittee on the Investigation of the said no. The PRESIDING OFFICER. The Sen- Pearl Harbor Attack found. I refer to Just to bring to the attention of the ator from Delaware is recognized for 4 page 252. It says: Senate one other part in this report, it minutes. ‘‘Specifically, the Hawaiian com- states on page 556: Mr. BIDEN. Mr. President, let me begin by thanking my senior colleague, mands failed’’ to do the following. By The commanding officers in Hawaii had a ‘‘the Hawaiian commands,’’ of course, particular responsibility for the defense of Senator ROTH, for carrying the load on they are referring to the Naval com- the Pacific Fleet and the Hawaiian coastal this. As we look forward to Memorial Day mand under Admiral Kimmel and the frontier. This responsibility they failed to observances this weekend, most of us Army command under General Short: discharge. I repeat, Mr. President, ‘‘This respon- will take time to reflect on the honor- (a) To discharge their responsibilities in able and noble traditions of our mili- the light of the warnings received from sibility they failed to discharge.’’ tary. The amendment sponsored by Washington, other information possessed by The failure of the Washington authorities them, and the principle of command by mu- to perform their responsibility provides ex- myself and my good friends Senator tual cooperation. tenuating circumstances for the failures of ROTH, THURMOND, and KENNEDY is an The record astonishingly shows that these commanders in the field. effort to make sure Congress does its these two senior officers, located on This committee took into consider- part to uphold those noble traditions. Just to highlight two or three points: the principal islands of Hawaii, just did ation that there were other failures but First of all, my friend from Virginia not collaborate together and share in- there were extenuating circumstances talks about the historical record. The formation and ideas as to how best to to bring the judgment of this panel to historical record was made at that plan for the defense of the men and the conclusion that a court-martial time when history was least likely to women of the Armed Forces, our inter- was not to be held. But they were to be be served in the immediate aftermath est in the islands at that time, and the retired in the grades which they were of a national tragedy, and a need for an critical assets; namely, Naval ships and in at permanent rank. explanation that the country yearned aircraft that were located at that for- In this record is a request by these and desired. I am not suggesting those ward deployed area. two officers to be retired, and the deci- who conducted the original investiga- sion was made not to advance them at (b) To integrate and coordinate the facili- tion had any benevolent intent. I am ties for defense and to alert properly the the time of retirement to the higher suggesting that history is best viewed Army and Navy establishments in Hawaii, grade. That decision was made by indi- with a little bit of distance. There was particularly in the light of the warnings and viduals who had fresh of mind the facts intelligence available to them during the pe- not any distance. I just ask everyone of this case. to think about what would happen if riod November 27 to December 7, 1941. For us at this date and time to try to (c) To effect liaison on a basis designed to something, God forbid, similarly hap- acquaint each of them with the operations of reverse that, in my judgment, would be pened today and this Senate, this body, the other, which was necessary to their joint to say to all of the tribunals that and the administration decided they security, and to exchange fully all signifi- looked at this case—I will recite them needed to investigate something imme- cant intelligence. again—the Knox investigation of De- diately. My overwhelming instinct I am going to repeat that—failure to cember 1941; the Roberts Commission tells me there would be a need to find exchange between the two of them and of January 1941; the Hart investigation specific individuals who were respon- with their subordinant significant in- of June 1944; Army Pearl Harbor Board, sible in order to satisfy our collective telligence. October of 1944; Navy Court of Inquiry, need for an answer. (d) To maintain a more effective reconnais- October of 1944; Clark investigation, I respectfully suggest that that is sance within the limits of their equipment. September of 1944; Hewitt inquiry, July what happened here, and I respectfully (e) To effect a state of readiness through- of 1945—— suggest, as well, that we should not be out the Army and Navy establishments de- The PRESIDING OFFICER (Mr. fearful of the truth and we should not signed to meet all possible attacks. SANTORUM). The time of the Senator be fearful of going back in this open so- (f) To employ the facilities, materiel, and from Virginia has expired. personnel at their command, which were ade- ciety of ours and not rewriting history, quate at least to have greatly minimized the Mr. WARNER. Mr. President, I ask but setting the facts straight. effects of the attack, in repelling the Japa- unanimous consent that the Senator Ultimately, it is the President who nese raiders. from Virginia be given an additional 5 must take action, but it is important (g) To appreciate the significance of intel- minutes. that we in the Senate send the message ligence and other information available to The PRESIDING OFFICER. Without that the historical truth matters and them. objection, it is so ordered. that it is never too late to acknowledge In fairness, I will read another find- Mr. WARNER. The Clausen inves- that the government did not treat the ing, and that is: tigation, September 12, 1945; and, the two commanding officers at Pearl Har- The errors made by the Hawaiian com- joint congressional committee of May bor on December 7, 1941, fairly. mands were errors of judgment and not of 1945. It is the joint congressional Here’s how I see it. Admiral Husband derelictions of duty. committee record—to now, after these E. Kimmel and General Walter Short Had there been dereliction of duty, many 50-plus years, go back and re- were publicly vilified and never given a these two men would have been court- verse the decisions of all of this work chance to clear their names. martialed. But that was the decision done by individuals, as the Senator If we lived in a closed society, fearful made by the President of the United from Texas pointed out, with the au- of the truth, then there would be no States, two successive Presidents— thority to render such judgments need for the President to take action. Roosevelt and Truman—not to do that. would be to say to them: All of you are But we don’t. We live in an open soci- But they found them guilty of errors of in error for not having done what the ety. Eventually, we are able to declas- judgment. Senator from Delaware requested the sify documents and evaluate our past What we are asked to do is to put Senate do these 50-plus years later. based on at least a good portion of the this body on notice that we are revers- I just think that is a very unwise de- whole story. I believe sincerely that ing the findings of the distinguished bi- cision. I think the Senator from Dela- one of our greatest strengths as a na- partisan panel of Senators and Mem- ware has put an awful lot of hard work tion comes from our ability to honor bers of the House of Representatives into this. I respect him for it. But I truth and learn the lessons from our after taking all of this factual evidence simply cannot support the Senator, nor past. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5895 If we perpetuate the myth that Ad- ers than Kimmel and Short were se- and honest men not to accord fairness, miral Kimmel and General Short bear questered and classified. equity, and justice to these two indi- all of the blame for Pearl Harbor then Fifty-seven years later, such false- viduals. They were the subject of re- we miss the real story. We fail to look hoods and treatment can no longer be peated inquiries. As a matter of fact, at the readiness shortfalls they were justified by the necessities of war. Rear the Roberts Commission was headed by facing—the lack of adequate reconnais- Admiral Husband E. Kimmel and Major a Supreme Court Justice. Throughout sance planes, pilots, spare parts, and General Walter Short were not sin- the whole judicial history, in the com- maintenance crews. We fail to look at gularly to blame for the disastrous mon law of England, which we incor- the flawed intelligence model that was events of Pearl Harbor in 1941. In fact, porated in our judicial history, speedy used—the disconnect between what was every investigation of Admiral Kimmel trial is the essence of our justice. The obtained and what got to the com- and General Short’s conduct highlights appellate procedure has to thereafter manders in the field. significant failings by their superiors. proceed with some expedition. You can- I mention these things in particular This amendment does not involve not wait 50-some-plus years to address because there are some striking par- any costs, nor does it seek any special an issue such as this. What do you say allels to the problems facing today’s honor or award for these two officers. to the congressional committee? Do military. Today’s problems are of a dif- It does not even seek to exonerate you dispute the findings of this com- ferent scope and scale, but it is impor- them from all responsibility. Instead, mittee? tant to see the parallels so that we can it seeks simple fairness and their equal Mr. BIDEN. Yes. accurately judge our progress and our treatment. They are the only two eligi- Mr. WARNER. We gave the names of endemic problems. ble officers from World War II denied some of the most revered elder states- The historic record is not flattering advancement on the retirement lists to men of this body who presided, such as to our government in the case of the their highest held wartime ranks. Alben Barkley. And, indeed, President two commanding officers at Pearl Har- I know my colleague from Virginia is Truman had to address, in 1947, as Sen- bor and that is why it is our govern- concerned that there may be a long list ator ROTH and I covered last night, the ment’s responsibility to acknowledge of junior officers who can make similar tombstone promotions, which were its mistake. I want to emphasize that claims. It is my understanding that given to officers of this category, and point, because it is important. there was a list of officers from World deny them. Truman himself had to In last night’s debate over this War II eligible for advancement under make that decision. So I say to my amendment, both those for and against the Officer Personnel Act of 1947. Ad- good friend, many fair-minded individ- it agreed on most of the facts. Where miral Kimmel and General Short were uals have reviewed this case and have there was disagreement, it seems to the only officers on that list that were come up with the determination that me, was in what to do about the facts. denied advancement on the retirement they were not the only ones who had I believe we should urge the President list. culpability, but certainly, as I read it, to take action, because government ac- I want to stress again for all my col- this commission of the Congress of the tion in the past shrouded the truth and leagues that this amendment simply United States found a serious basis for scapegoated Kimmel and Short. sets the record straight—responsibility holding the action and making the de- I know Senator ROTH and Senator for Pearl Harbor must be broadly cision that they did. THURMOND discussed some of the his- shared. It cannot be broadly shared if Mr. LEVIN. Mr. President, will the tory last night, so I will just briefly re- we fail to acknowledge the govern- Senator yield a minute? view some of the critical parts. ment’s historic role in clouding the Mr. WARNER. I yield such time as In 1941, after lifetimes of honorable truth, nor if we continue to perpetuate the Senator from Michigan needs. service defending this nation and its the myth that Kimmel and Short bear Mr. LEVIN. Mr. President, let me values, Admiral Kimmel and General singular responsibility for the tragic just add to what the Senator from Vir- Short were denied the most basic form losses at Pearl Harbor. ginia just said in response to our good of justice—a hearing by their peers. In- These two officers were unjustly stig- friend from Delaware. What I really stead of a proper court-martial, their matized by our nation’s failure to treat fear, perhaps the most, is the substi- ordeal began on December 18th with them in the same manner with which tution of the judgment of a political the Roberts Commission. A mere 11 we treated their peers. To reverse this body for the judgment and findings of days after the devastating attack at wrong would be consistent with this the appropriate chain of command. We Pearl Harbor, this Commission was es- nation’s sense of military honor and are a political body. The chain of com- tablished to determine the facts. basic fairness. mand at the time, which has been re- In this highly charged atmosphere, As we honor those who have given viewed by the Defense Department, re- the Commission conducted a speedy in- their lives to preserve American ideals peatedly made findings and held these vestigation, lasting little over a and national interests this coming Me- two officers accountable. For us now to month. In the process, they denied morial Day, we must not forget two substitute our judgment more than five both commanders counsel and assured brave officers whose true story remains decades later for that of the chain of both that they would not be passing shrouded and singularly tarnished by command, it seems to me, is a very, judgement on their performance. That official neglect of the truth. very bad precedent in terms of holding assurance was worthless. Instead, the We introduced this amendment as officers accountable for events. Commission delivered highly S.J. Res. 19 earlier this year and it now Mr. President, the Department of De- judgmental findings and then imme- has 23 co-sponsors. As I know Senator fense recently reviewed this entire diately publicized those findings. The ROTH indicated last night, it has the matter—the so-called Dorn report—and Roberts Commission is the only inves- support of numerous veterans organiza- I have quoted these findings before, but tigative body to find these two officers tions and retired Navy flag officers. I will pick out two of them, which derelict in their duty and it was this These knowledgeable people and about seems to me go to the heart of the mat- government that decided to publicize a quarter of the Senate have already ter. that false conclusion. As one might ex- spoken up on behalf of justice and fair- This is a quote: pect, the two commanders were vilified ness. To say that responsibility is broadly by a nation at war. I urge the rest of my colleagues to shared is not to absolve Admiral Kimmel and Every succeeding investigation was join us and support this amendment. General Short of accountability. clear in finding that there was no dere- Mr. WARNER addressed the Chair Of course, accountability should be liction of duty. The first of these were The PRESIDING OFFICER. The Sen- broadly shared, and maybe it wasn’t as the 1944 Army Board and Navy Court ator from Virginia is recognized. broadly shared as it should have been, reviews. Again, it was government ac- Mr. WARNER. Mr. President, I can- but the issue is whether or not this ac- tion that prevented a truthful record not accept the basic premise on which countability, 57 years ago, is going to from reaching the public—a decision by the distinguished Senator from Dela- be set aside by a political body 57 years the President. The findings of both of ware addresses his case; that is, that later. these bodies that placed blame on oth- there was a disposition among good Mr. BIDEN. Will the Senator yield? S5896 CONGRESSIONAL RECORD — SENATE May 25, 1999 Mr. LEVIN. My time is over, but I I think that silence speaks to authen- counterterrorism, the bill before the will be happy to yield. ticate the position that this Senator Senate includes full funding for the Mr. BIDEN. Mr. President, I ask and others have taken. five Rapid Assessment and Initial De- unanimous consent for 1 minute. To the very strong, forceful state- tection (RAID) teams requested by the The PRESIDING OFFICER. Is there ment of my colleague who said it is im- administration, and an increase of $107 objection? plicit that all responsibility for this million to provide a total of 17 addi- Without objection, it is so ordered. tragedy is assigned to these two indi- tional RAID teams in fiscal year 2000. Mr. BIDEN. Mr. President, this is a viduals, that is not correct. The Dorn We have further required the Depart- rhetorical question. The report sug- report said it is to be shared. In fact, ment to establish a central transfer ac- gested that Generals Marshall and General Marshall stepped forward with count for the Department’s programs Stark were also partially responsible. courage and accepted publicly, at the to combat terrorism to provide better My point is that the idea that the en- very time this was being examined, his visibility and accounting for this im- tirety of the blame, that the children share of responsibility. portant effort. and the children of the children of So I say others, indeed, General Mar- We have included an Information As- these two men will live forever think- shall and others, stepped forward. surance Initiative to strengthen the ing that they were the only two people Mr. President, I ask for the yeas and Department’s critical information in- responsible for this, is a historical in- nays. frastructure, enhance oversight and accuracy, unfair, and a blemish that is The PRESIDING OFFICER. Is there a improve organizational structure. As a not warranted to be carried by the two sufficient second? part of this initiative, we added $120 proud families whose names are associ- There is a sufficient second. million above the President’s budget ated with them. It is as simple as that. The yeas and nays were ordered. request for programs to enhance our Mr. ROTH addressed the Chair. Mr. ROTH. May I just make a 15-sec- ability to combat cyber-attacks. In ad- The PRESIDING OFFICER. The Sen- ond statement? dition, this initiative will provide for a ator from Delaware. Mr. WARNER. The Chair has ordered test to plan and conduct simulations, Mr. ROTH. I ask unanimous consent the yeas and nays? exercises and experiments against in- for 2 minutes. The PRESIDING OFFICER. Yes. formation warfare threats, and allow The PRESIDING OFFICER. Is there Mr. WARNER. I say, as a courtesy to the Department to interact with civil objection? my good friend and others who have and commmercial organizations in this Without objection, it is so ordered. sponsored this, we will not, of course, important effort. The provision encour- Mr. ROTH. Mr. President, what we move to table. ages the Secretary of Defense to strike are talking about today is a matter of Mr. ROTH. I point out the Army an appropriate balance in addressing justice and fairness, a matter that goes Board for Correction of Military threats to the defense information in- to the core of our military tradition Records, in 1991, recommended that frastructure while at the same time and our Nation’s sense of military General Short be restored to his full recognizing that Department of De- fense has a role to play in helping to honor. Just let me point out once again wartime rank. protect critical infrastructure outside the Dorn report says: AMENDMENT NO. 377 The PRESIDING OFFICER. All time the DOD. Responsibility for the Pearl Harbor dis- We have included a legislative pack- has expired. The question now is on the aster should not fall solely on the shoulders age to strengthen the science and tech- of Admiral Kimmel and General Short. It Roberts amendment. There is an hour nology program. This legislation will should be broadly shared. equally divided. ensure that since the science and tech- Mr. ROBERTS. Mr. President, I have Unfortunately, it was not broadly nology program is threat-based and had the privilege this year to serve as shared. The only two people who were that investments are tied to future the first chairman of the Senate Armed singled out for punishment, or not to warfighting needs. The legislation is be promoted to their wartime rank, Services Committee’s Subcommittee also aimed at promoting innovation in were Admiral Kimmel and General on Emerging Threats and Capabilities. laboratories and improving the effi- Short. They were held singularly re- I would like to recognize Senator WAR- ciency of RDT&E operations. The bill sponsible for what happened in Pearl NER, the chairman of the Armed Serv- also includes a $170 million increase to Harbor. That is not fair. That is not ices Committee, for his vision and fore- the science and technology budget re- just. Just let me point out that we sight in creating this subcommittee to quest. have had the essence of the tremendous deal with the nontraditional threats to And finally, in the area of non- number of endorsements we have re- U.S. national security. proliferation, we have authorized over ceived from senior retired officers of The Subcommittee on Emerging $718 million for programs to assist Rus- the highest rank. Once again, I point Threats and Capabilities was estab- sia and other states of the former So- out that admiral after admiral—Burke, lished to provide oversight for the De- viet Union destroy or control their Zumwalt, Moorer and Crowe—have partment of Defense’s efforts to weapons of mass destruction. However, asked that this be corrected. All we counter new and emerging challenges it is important to note, this is an in- seek today is justice and fairness to to vital United States interests. crease of $29.6 million over the fiscal two officers who served their Nation Through a series of hearings and de- year 1999 funding level. I would like to with excellence. tailed oversight of budget accounts, take a moment to share my thoughts The PRESIDING OFFICER. All time the subcommittee highlighted: the pro- on this issue. has expired. liferation of weapons of mass destruc- I am very concerned about the find- Mr. WARNER addressed the Chair. tion; terrorism directed at U.S. targets ings of the recently released GAO re- The PRESIDING OFFICER. The Sen- both at home and abroad; information port that the U.S. cost of funding the ator from Virginia is recognized. warfare and the protection of our de- nuclear material storage facility in Mr. WARNER. Mr. President, I ask fense information infrastructure; and Mayak, Russia has increased from an for 2 minutes. trafficking of illegal drugs. The sub- original estimate of $275 million to $413 The PRESIDING OFFICER. Without committee sought to identify the tech- million. This Cooperative Threat Re- objection, it is so ordered. The Senator nology, operational concepts and capa- duction (CTR) project may eventually from Virginia. bilities we need to deter—and, if nec- have a price tag of $1 billion. These in- Mr. WARNER. Mr. President, the ad- essary—combat these perils. creased costs to the U.S. have occurred mirals the Senator enumerated were I would like to briefly highlight the because Russia has failed to fund its ones I had the pleasure of knowing, initiatives included in this bill to ad- share of the costs of this project. I also serving with several, and for whom I dress the emerging threats to our na- understand that the chemical weapons have a great deal of respect. But I note tional security: destruction facility will not be open the absence of any similar number of Protection of our homeland and our until 2006, in part due to Russia’s fail- Army generals coming forward on be- critical information infrastructure are ure to provide the needed information half of General Short. Perhaps the Sen- two of the most serious challenges fac- about the chemical weapons to be de- ator has something in the RECORD. But ing our Nation today. In the area of stroyed. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5897 The CTR program is becoming more These are the only programs in the en- That was removed. That removal was and more one-sided. This program is tire DoE nonproliferation budget that not an oversight. The current Strategic also in the interest of the Russians. the committee authorized below the Concept sets in motion a new NATO Matter of fact, much of the destruction budget request. Overall, we authorized that is inconsistent with article 1 of of the Russian inventory, funded by the $266.8 million for DoE nonproliferation the 1990 treaty or concept. The North CTR program, enables Russia to meet programs in the former Soviet Union Atlantic Treaty, article 1: its obligations under existing arms countries—an increase of $13.4 million The parties undertake as set forth in the control treaties. over FY 99. Charter of the United Nations to settle any In addition, I am concerned with the I believe the bill before you takes international dispute which they may be in- daily press reports that the Russians significant steps to focus the Depart- volved in by peaceful means, in such a man- are enhancing their military capabili- ment of Defense’s efforts to counter ner that international peace and security ties. For example: new and emerging threats to vital na- and justice are not endangered, and to re- tional security interests. I urge my col- frain in their international relations from Earlier this month, President Yeltsin the threat or use of force in any manner in- reportedly ordered the Russian mili- leagues to support this bill. consistent with the purpose of the United tary to draw up plans for the develop- Once again, Mr. President, I am ask- Nations. ment and use of tactical nuclear forces. ing the support of my colleagues for a simple sense of the Senate that calls That was in 1990, the reference to the On May 4, The Russian Defense Min- United Nations, to settle any inter- ister threatened to reconsider Russian also for complete transparency on the part of the President and Senate con- national dispute by peaceful means, support for the revision of the Conven- not by military means. tional Forces in Europe (CFE) Treaty. sideration regarding the de facto edit- ing of the original North Atlantic The original wording and intent of On April 16, the Duma unanimously article 4 of the North Atlantic Treaty adopted a resolution calling for in- Treaty. My sense of the Senate asks the is straightforward. The North Atlantic creased defense budgets. Treaty, article 4: Although I have serious concerns President to certify whether the new about this program, we included an au- Strategic Concept of NATO, the one The parties will consult together when in adopted at the 50th anniversary of the opinion of any of them the territorial thorization for CTR at the budget re- integrity— quest of $475.5 million, an increase of NATO in Washington about a month All the debate about whether we are $35 million over the FY 99 level. How- ago—this formalization of new and conducting a military campaign and ever, before FY 2000 funds may be obli- complicated United States responsibil- crossing borders of a sovereign state, I gated we require the President to re- ities in Europe, as evidenced by the say it again: certify that the Russians are foregoing war in Kosovo and the possibility of fu- any military modernization that ex- ture Kosovos around the world—is in The parties will consult together when in the opinion of any of them the territorial in- ceeds legitimate defense requirements fact a document that obligates the United States in any way, shape, or tegrity or political independence or the secu- and are complying with relevant arms rity of any of the parties is threatened. control agreements. The most recent form. If so, my sense of the Senate affirms However, paragraph 24 of the new certification by the Administration Concept significantly alters article 4 of was completed before these numerous that this body be given the opportunity to debate, to accept or to reject, the the NATO treaty in the following way: statements by Yeltsi and other Russian new blueprint for future NATO oper- Arrangements exist within the alliance for officials. ations, these actions which will un- consultation among the allies under article 4 I am also concerned with the defi- of the Washington Treaty— ciencies in the management and over- doubtedly include substantial compo- My colleagues, pay attention to sight of the DOE programs in Russia— nents of our own Armed Forces en- gaged completely outside the province this— in particular, the Initiative for Pro- of the original treaty. and, where appropriate, the coordination of liferation Prevention (IPP) and the Nu- Yesterday the distinguished Senator their efforts including the responses to such clear Cities Initiative (NCI). If these from Michigan, my colleague and my risks. programs are to succeed, we need to friend, Senator LEVIN, asked where the The portion that includes ‘‘the co- get past the implementation problems Congress was in 1990, in regard to the ordination of their efforts including pointed out in the GAO report, in press last Strategic Concept adoption. The their responses to such risk,’’ it is new, reports, by our House colleagues, and Senator has rightly pointed out there and strongly suggests offensive action, by the Russians. In addition, the Rus- were changes made in the Concept at i.e., Kosovo. It is a possible response to sian economic crisis and lack of infra- that particular time. Without question, a threat, and that is a radical shift for structure are making these programs that should have been an alarm bell of NATO—not from 1949 but also from more difficult to manage. I am afraid if things to come. But there are key dif- 1990. we do not exercise strong oversight ferences, I tell my friend, in the world The new Concept has significantly now we are in danger of losing these today as opposed to the world in 1990. expanded the global coverage of NATO. programs. Second, and just as important, there For example, paragraphs 20, 21, and 22 I have proposed a number of initia- are significant differences regarding clearly indicate a global reach for tives that I believe will go a long way the Strategic Concept adopted in April NATO. towards correcting the deficiencies in of 1999, just a month ago, which is the Paragraph 20 states: the management of the IPP program, document that I hope is still on the establishing a framework for effective The resulting tensions could lead to crises desk of all Senators, and the Concept affecting Euro-Atlantic stability, to human implementation and oversight of both that was adopted in 1990 as referenced suffering and to armed conflicts. Such con- programs, and ensuring that sufficient by the Senator. flicts could affect the security of the con- accountability exists. Further, I be- First of all, Bosnia had not occurred ference by spilling over to neighboring coun- lieve the U.S. nonproliferation goals and, more especially, Kosovo was not tries including NATO countries or in other and U.S. national security will be bet- the proof of the direction that NATO ways, and could also affect the security of ter served by these improvements. intended to go. That direction is an of- neighboring states. Finally, I believe DoE should spend fensive direction. That is not meant to The point is that NATO justifies ac- FY 2000 tightening up the implementa- be a pun. tion well beyond the original bound- tion of IPP and NCI rather than broad- The crafting of language in the new aries of NATO and now includes ening the program. Therefore, the com- Strategic Concept was carefully done. threats to member states anywhere in mittee authorized the IPP and NCI Look, my colleagues, if you will, at the the world. Is that what we want the below the administration’s request of removal of the following wording of NATO of the future to be? $30 million for each program. The bill paragraph 35 of the 1991 Concept. I will I say to my friend from Michigan, he includes an authorization of $15 million repeat it: is right that Congress was asleep at the for NCI and an authorization of $25 mil- The alliance is purely defensive in purpose. switch when the Strategic Concept of lion for IPP, an increase of $2.5 million None of its weapons will ever be used except 1990 was adopted. But there is no rea- for each program over FY 99 levels. in self defense. son for Congress to remain asleep in S5898 CONGRESSIONAL RECORD — SENATE May 25, 1999 1999. In fairness to my colleagues, no That is from Mexico. I am not saying acts in accordance with its own logic or in- one envisioned that in less than 9 years it speaks for the entire country of Mex- terests rather than acting as supporter for the purely defensive alliance of NATO ico, although President Zedillo said its allies. would have conducted offensive action much the same thing. This newspaper sums it up: out of area, against a sovereign nation, Ethnos, a paper in Greece: This has relevance to the U.S.-Japanese albeit a terribly oppressive nation, in What occurred in Washington was the military alliance. an action that was not in our vital na- U.N.’s complete weakening. It is now a mere The newspaper Hankyoreh Shinmun tional interests. onlooker of NATO’s decisions and initiatives. of South Korea, an ally: Let me share some comments I have What has taken place is the complete over- The summit decision to give the Alliance gleaned from the Foreign Media Reac- throw of the legal system. an enlarged role in the future is a dangerous tion Daily Digest which all Members A newspaper called Folha de S. Paulo one in that it may serve in the long term to receive from the U.S. Information in Brazil: merely prop up America’s hegemonic endeav- ors. The talk of NATO’s expanded role con- NATO celebrates its 50th anniversary and Agency. This is from the leading press fuses everyone and even threatens global in practice formalizes the end of the U.N. As around the world, as they view, in peace. NATO’s new role could unify coun- it has become clear this past month, the terms of their commentary, what this tries like Russia and China that oppose U.S. world’s power is, in fact, in NATO, meaning Strategic Concept means to them. dominance, provoking a new global con- in the hands of the United States. And, al- I know some critics, myself included, flagration between them and the West. most no Government dares to protest will say their views, some of the views, against it. In Taiwan, The China Times: are unimportant or biased or that they The Economist in Great Britain, a re- NATO’s new order requires different agents are from state-run presses. I know spected newspaper: to act on the U.S.’s behalf in different re- that. But I think they are a valuable gions and to share the peace-keeping respon- tool to understand how we and NATO Limping home from Kosovo would cer- sibility for the peace of greater America. In tainly oblige NATO to rethink its post-Cold the Kosovo crisis, NATO on one hand tries to are being perceived by non-NATO War aims of intervention, not just for mem- members—and some NATO members as stop the Yugoslav government’s slaughter. ber’s defense, but also for broader interest in On the other hand, to show respect for Yugo- well. Here is the summary—early May: humanitarian and international order. NATO slav sovereignty it also opposes Kosovar The Alliance’s adoption of a ‘‘new strategic might go into terminal decline. The Alliance independence. This means that a country concept’’. . . has swung to the negative [in needs to persist in explaining to other coun- cannot justify human rights violations by regard to the comments by the foreign tries the principles that guided NATO’s deci- claiming national sovereignty. By the same press]. Criticism of the Alliance’s vision of a sion to intervene in Kosovo. This necessity is token, calls for independence in a high ten- ‘‘new world order’’. . . . many underscored not so much to prove that this was a just sion area are forbidden since they would nat- the problems with NATO’s expanded purview cause but to reassure a suspicious world that urally lead to war. These two principles have and questioned the feasibility of trying to NATO has not given itself the right to at- now become the pillars of the NATO stra- promote and impose—beyond European bor- tack sovereign nations at whim. tegic concept. Both sides of the Taiwan ders and ‘‘by force if necessary’’—a ‘‘con- Il Sole 24–Ore. of Italy: Strait have also repeatedly received similar sistent’’ standard on human rights. The vast We cannot say what emerged from the signals: Beijing should not use force against majority of media outside of Europe re- weird birthday-summit war council in Wash- Taiwan, and Taiwan should not declare inde- mained harshly critical of NATO’s [read the ington is a strategic concept. Indeed, NATO pendence. U.S.’s] new blueprint, with most reiterating should have been more precise about its fu- their concerns that NATO is ‘‘transforming There is a parallel. ture. The war in Kosovo forces us to revise itself into a global police force, ignoring the Finally, in India, the newspaper Tele- international law as we have known it. role of the U.N.’’ . . . NATO is being en- graph: larged—both spatially and doctrinally—in This is from a newspaper in a coun- NATO will definitely try to make things order to ensure U.S. military and political try that is a NATO ally: difficult for nations like India which are dominance over Europe, Russia and the rest The concept suggests laying the founda- planning to join the nuclear league. Though of the world. tion of an ‘‘ethical foreign policy.’’ A demo- Russia, and now China, are seeking India’s I don’t buy that, but it is important cratic West which tolerates ethnic and reli- cooperation and active participation to build a multi-polar world order against the United to understand that other countries cer- gious diversities, which is stable and eco- nomically free, can even fight to give these States, Deli appears to be reluctant to play. tainly think that. This reluctance stems from the fear that the It goes on to say: values to other people. It is a very nice pic- ture, but to impose freedom is a contradic- West, with help from Pakistan, might turn The idea that a part of the world, formed tion in terms. Kashmir into another Kosovo, highlighting by the most ‘‘civilized’’ nations, can be re- human rights violations in the valley and sponsible for the respect of human rights in Another headline: Al-Dustur in Jor- Kashmir then might become a fit case for the whole world—resorting, if necessary, to dan, the new King of which just paid a NATO intervention. the use of force . . . is neither viable nor visit to this country: I do not buy that. I do not think we fair. The Anglo-American alliance imposed on are going to do that. Some of the warn- They are asking: NATO during the summit in Washington is a ings, some of the descriptions that I . . . whether Kosovo is an exception or a new orientation marked by imperialist arro- gance and disregard for the rest of the world. have just read to my colleagues, I do rule in NATO’s new strategy, and whether not buy, but it shows you the attitude, the Allies will be equally firm, but also con- Those are pretty strong words. it shows you how other people feel sistent, when its comes to the Kurds . . . Ti- This is a serious danger that faces the betans, Palestinians, Tutsis, Hutus [or] Na- about the new Strategic Concept. world, and to overcome it all non-NATO We have the same kind of com- tive Americans. Ethnic cleansing in countries should cooperate and seek to de- Chechnya, Turkey, Colombia, Indonesia velop weapons of mass destruction. mentaries from Argentina, from Can- show that NATO is now punishing randomly, ada, from Mexico again. that is only enemies and only those coun- Is that what the new Strategic Con- La Jornada, a newspaper in Mexico: tries that don’t have any nuclear weapons. cept is leading to in the minds of some The decision by NATO leaders to turn that Mr. President, several headlines—and of the critics in foreign countries? organization from a defensive into an offen- Al Watan in Kuwait, the country we I do not agree with all of these head- sive entity and to carry out military actions freed in regard to Desert Storm: lines—in May should be brought to the regardless of the U.N. is a defeat of civilized NATO does not have a strategy for the mechanisms that were so painfully put in attention of my colleagues. place after World War II. If the Alliance real- The newspaper Reforma in Mexico: next 50 years, except America will remain the master, Europe the subordinate, Russia a ly wanted to impose democratic values by What is the reason for the desire to impose marginalized state and the rest of the world force, it should start by attacking some of a solution in defense of the Albanians in secondary actors. its own members, like Turkey, which carries Yugoslavia while at the same time three eth- That is pretty tough criticism. out systematic ethnic cleansing campaigns nic groups that hate each other are forced to against the Kurds. Asahi newspaper in Japan: co-exist in Bosnia? What could happen in Tough words. Mexico in the future? Within several months, One such lesson is that members of an alli- My point remains that this new Stra- NATO members [have now agreed] to inter- ance often resort to their own military ac- vene anywhere they see fit without the need tivities, paying scant attention to the trend tegic Concept, a concept that radically to consult with the U.N. and to run the risk of the U.N. Security Council, or inter- alters the focus and direction of NATO, of a veto from Russia or China. This will be national opinion. Another lesson is that the has been adopted without the consulta- a two century jump backwards. United States, the only superpower, often tion of the Senate. Are we willing, as May 25, 1999 CONGRESSIONAL RECORD — SENATE S5899 Senators, to stand by and not debate, actly right in 1991. When this Strategic the legal effect of [this] new Strategic discuss, or give consent to a document Concept was adopted in 1991, there were Concept.’’ I think it is quite clear from that fundamentally alters the most no new obligations or commitments our conversations with the State De- successful alliance in history? What we that required the Senate to ratify this partment that the President can, in- discussed, what we ratified in regard to document. And there are no new obli- deed, and will, indeed, make this cer- expansion is totally different than the gations or commitments now. tification, and should—and should. I new Strategic Concept. It has had no The President has already told us think it is an important certification. debate, it has had no discussion and, that. He has already sent a letter to I commend the Senator from Kansas. yet, it is a blueprint for our involve- Senator WARNER. The President has I think we need clarity on this subject. ment in the future of NATO. sent a letter to Senator WARNER dated If there is a legally binding commit- It is a document that fundamentally April 14, 1999, that says: ment on the United States in this new alters the most successful alliance in The Strategic Concept will not contain Strategic Concept, it ought to be sent history and one that may cost the new commitments or obligations for the to the Senate for ratification. But if blood of our men and women and bil- United States. this 1999 Strategic Concept is like the lions of dollars from our Treasury. We So the certification, which is re- 1991 Strategic Concept—not a legally should at least debate it. quired in this amendment—and right- binding document but a planning docu- I urge my colleagues to support my fully so, by the way, in my judgment— ment, a document setting out concepts, sense-of-the-Senate amendment. I re- has already been made. I see no reason not legal obligations—that is a very serve the remainder of my time. it would not be made again. different thing. Mr. LEVIN addressed the Chair. So I do not believe that the Congress NATO has adopted strategic concepts The PRESIDING OFFICER (Mr. was sleeping in 1991, and it surely is continually during its existence. By ENZI). The Chair recognizes the Sen- not sleeping now. Senator ROBERTS is, the way, again, let me suggest there is ator from Michigan. as far as I am concerned, very appro- nothing much broader than section 12 Mr. LEVIN. Mr. President, I will be priately saying to the administration, of the 1991 Strategic Concept which voting for this amendment because it if this contains new commitments or said: ‘‘Alliance security must take into is worded very differently from earlier obligations—if it contains new obliga- account the global context.’’ Does that versions. This version of the amend- tions and commitments—then you represent a binding commitment on ment simply requires the President to should send this to us as a treaty the United States? It surely did not, in certify whether or not the new Stra- amendment. my judgment, and need not have been Of course, I happen to think that is tegic Concept of NATO imposes any submitted to the Senate for ratifica- correct. This amendment does not find new commitment or obligation on the tion. I believe that the current Con- that there are new obligations and United States. cept, which has been adopted, does not commitments. An earlier version of In 1991, we had major changes in the contain legally binding commitments. alliance’s Strategic Concept. These this amendment, by the way, did. This Mr. WARNER. If the Senator will were huge changes. Section 9 of the al- amendment does not do that. This yield, the amendment, as carefully amendment says to the President: Tell liance’s new Strategic Concept in 1991, crafted, does not have the word ‘‘legal’’ the Congress whether or not the new for instance, said: in it. It imposes any ‘‘new commit- Strategic Concept—those are the pre- Risks to allied security are less likely to ment.’’ Indeed, there are political com- cise words of this amendment—con- result from calculated aggression against the mitments that give rise to actions stitutes, involves, contains, new obli- territory of the allies but rather from the ad- from time to time. So I recognize the verse consequences of instabilities that may gations or commitments. Mr. WARNER. Would the Senator Senator’s focus on ‘‘legal,’’ but it does arise from serious economic, social and po- not limit the certification solely to litical difficulties, including ethnic rivalries yield? and territorial disputes which are faced by Mr. LEVIN. I would be happy to. legal. It embraces any new commit- many countries in Central and Eastern Eu- Mr. WARNER. The Senator points ment or obligation of the United rope. They could lead to crises inimical to out that the letter was sent to me— States. European stability and even to armed con- correct—in response to a letter that I Mr. LEVIN. Mr. Chairman, I think it flicts which could involve outside powers or forwarded to the President. That is in clearly means the legal effect of this. spill over into NATO countries. last night’s RECORD. But let us, rather than arguing over Then in paragraph 12, it says: First, we welcome the Senator’s sup- what is in or not in this amendment— Alliance security must— port on this. But I think he would I understand that there was going to be This is 1991—not this new one, but agree with me that that letter was an effort made here to clarify language the Strategic Concept that was adopted written at the time when the language on the certification. If there is going to in 1991. was still being worked, and of course it be such an effort, I would ask that be Alliance security must take into account predates the final language as adopted made now and that we then ask for the the global context. Alliance security inter- by the 50th anniversary summit. That yeas and nays so we are not shooting at ests can be affected by other risks of a wider language is the object of this, I think, a moving target here. Really, I think it nature, including proliferation of weapons of very credible inquiry by Mr. ROBERTS, would be useful, if in fact that change mass destruction, disruption of the flow of myself, and others. relative to the certification require- vital resources, and actions of terrorism and Mr. LEVIN. It is very appropriate. ment is going to be sent to the desk, it sabotage. Mr. WARNER. It is very well that the be sent to the desk at this point; and The reason that this 1991 Strategic Senate may forward a letter that puts then I am going to ask for the yeas and Concept was not sent over to the Sen- this matter to rest and, most impor- nays. ate for ratification was very straight- tantly, clarifies in the minds of our Mr. ROBERTS. If the Senator will forward, very simple, in my judgment; other allies, the other 18 nations, ex- yield? and that is that the Strategic Concept actly what this document is intended Mr. LEVIN. I do yield. then did not contain new commitments to say from the standpoint of America, AMENDMENT NO. 377, AS MODIFIED or obligations for the United States. which, I point out time and time again, (Purpose: Relating to the legal effect of the This is a strategic concept; this is not contributes 25 percent of the cost to new Strategic Concept of NATO) a legally binding document. This is not the NATO operations. Mr. ROBERTS. I do have that clari- a treaty-specific document which con- Mr. LEVIN. I think that is correct. fication in the form of an amendment, tains obligations and commitments on The timing of the letter is exactly as which I send to the desk, and I ask the part of the parties. This is a stra- the chairman says it is. But the state- unanimous consent that in title X, at tegic concept document, both in 1991 ment of the President is that ‘‘the the end of subtitle D, that this amend- and in 1999. Strategic Concept will not contain new ment would be added. So when my good friend from Kansas commitments or obligations for the Mr. BIDEN. Reserving the right to says that I said the Congress was United States.’’ object. asleep in 1991, the Congress was not The caption of the amendment by the The PRESIDING OFFICER. Is there asleep in 1991. The Congress was ex- Senator from Kansas is ‘‘Relating to objection? S5900 CONGRESSIONAL RECORD — SENATE May 25, 1999 Mr. BIDEN. There is objection. I objection to the amendment by unani- The original NATO treaty, the whole would like to reserve the right to ob- mous consent. That obviously is not treaty, is very clear. It is a defensive ject, if you let me explain; otherwise, I the case. We are going to have to con- alliance. That has never been ques- will just simply object. sider this. Let us work on this. tioned until what is happening today in The PRESIDING OFFICER. The Sen- I will be happy to visit here on the Kosovo, which is clearly not defensive. ator from Delaware. floor with the Senator from Delaware It is offensive. NATO has started air- Mr. BIDEN. I reserve the right to ob- and my good friend from Michigan. I strikes on a sovereign nation that is ject because if, in fact, the Senator am not entirely clear, after listening to not a member of NATO. So I think it wishes to change his amendment, I ask the Senator, that his description of is, before our eyes, evolving into a new that we consider on line 7 adding the this amendment is the one that I have. Strategic Concept for NATO, and I word ‘‘legal,’’ because failure to do so Let us work it out, and if push comes think we most certainly must have the rewrites constitutional history here. to shove, although I think it is entirely right to approve it. It is an addition to Presidents make commitments all the reasonable for a Senator to be allowed a treaty obligation that was made 40- time. Commitments and obligations do to amend his own amendment, if this plus years ago. not a treaty make and do not require a has caused some concern on the part of Now, I am not necessarily against supermajority vote under the Constitu- both Senators, we can always bring NATO having an offensive part of a tion by the Senate to ratify those com- this up as a separate amendment, treaty obligation, but I am absolutely mitments. I, at least for the time which may be the best case. If, in fact, certain that the Senate must approve being, object and hope that after we you say ‘‘legal,’’ you put the word this kind of added obligation and that finish this debate, before we vote, my ‘‘legal’’ in there, obviously I do not we not walk away from the very impor- colleague and I can have a few minutes think the President is going to have tant concept that a treaty sets out cer- in the well to see whether he will con- any obligation to report on anything. tain obligations and it is required to be sider amending it to add the word In terms of obligation, if I might say ratified by Congress. And most cer- ‘‘legal’’ on line 7 of his amendment. So so, if the Senator will continue to tainly, we must ratify the changing of I object. yield, if Kosovo is not an obligation, I a treaty obligation from a defensive al- The PRESIDING OFFICER. Objec- am not standing here on the floor of liance to an offensive alliance. tion is heard. the Senate. That is my response. There is no question that the found- Mr. LEVIN addressed the Chair. Why don’t we visit about this if we ers of our country chose to make it dif- The PRESIDING OFFICER. The Sen- can, and then, if necessary, we will just ficult to declare war. They chose to ator from Michigan. introduce an amendment at a later make it difficult to declare war by giv- Mr. LEVIN. Mr. President, I will time as a separate amendment. ing the right to Congress. They could yield the floor in just 2 minutes. I read Mr. BIDEN. Mr. President, will the have given it to the President, but they this document quite clearly as meaning Senator from Michigan yield me 1 were going away from the English sys- any new commitment or obligation, be- minute? tem, where the King declared war and cause it uses the word ‘‘impose.’’ I The PRESIDING OFFICER. The implemented the same war. They want- know no other way to impose an obli- Chair recognizes the Senator from ed a division of responsibility, and they gation or a commitment other than Delaware. wanted it to be difficult to put our Mr. BIDEN. Just 1 minute and then legal. When you use the word ‘‘im- troops in harm’s way. Indeed, every afterwards I see others will seek rec- pose,’’ it seems to me it is quite clear President we have had has said that it that that means it is imposed. So that ognition to speak. I want to make it clear, I do not should be difficult to put our troops in is the way I read this language. If oth- harm’s way; perhaps until this Presi- ers want to read the language in a dif- know where the Senator got the im- pression that there would be no objec- dent, that is. ferent way, they may. But I think that So it is important that we pass this tion. I did not agree to that. What I the certification requirement, which amendment and that the President cer- suggested was that when he asked me the Senator from Kansas wants to tify that we either do have a new obli- whether or not I objected, I asked him move into the front of this amendment gation or we do not. I think we do, and to withhold until after I made my talk instead of in the sense-of-the-Senate I think we need to debate it. and asked some questions. Then I part of it, is simply a clarification of As I said, I am not against NATO would not object. We are getting the what was always the clear intent, having some offensive responsibilities. ‘‘cart before the horse’’ here. I want to which is that there be such a certifi- I do question that they have in our make it clear, I may not ultimately ob- cation. And I think that that is more of NATO treaty the right to do what they ject. I just want to have an opportunity a technical change than anything. are doing right now. I think we need to to speak to this before he sends his I have no objection to an amendment debate it, and I think we need to clar- which moves the certification require- amendment to the desk. Mr. ROBERTS addressed the Chair. ify exactly what would be in a new of- ment to the front of the amendment The PRESIDING OFFICER. The Sen- fensive strategy that would be a part of before the sense-of-the-Senate lan- ator from Kansas. a NATO treaty obligation of the United guage and imposes that as a certifi- Mr. ROBERTS. Mr. President, I ask States of America. cation requirement—not sense of the unanimous consent that Senator SMITH I can see a role for NATO that would Congress but as a requirement on the of New Hampshire be added as an origi- declare that we have security interests President. In my judgment, there is no nal cosponsor of Roberts amendment that are common and that we would be doubt but that it is only if there is a le- No. 377. able to determine what those common gally binding commitment or obliga- The PRESIDING OFFICER. Without security interests are and that we tion that this would require a referral objection, it is so ordered. would fight them together, stronger to the U.S. Senate, because no other Mr. ROBERTS. I yield 5 minutes to than any of us could fight independ- requirement or obligation other than the distinguished Senator from Texas. ently. I do not know that Kosovo meets one that is legally binding on us would The PRESIDING OFFICER. The that test, but I think others certainly rise to the dignity of a treaty. Chair recognizes the Senator from do believe that. I do believe that a I hope the Senator will have a chance Texas. Desert Storm does meet the test or to move the certification requirement Mrs. HUTCHISON. I thank the Chair. Kim Jong-Il, with nuclear capabilities, to an earlier position in his amend- I thank the Senator from Kansas for does meet that test. ment. If I could just ask one question pursuing this, because I do think it is a Mr. President, I support the amend- of my friend from Kansas, as I under- very important amendment. I think it ment, and I ask unanimous consent to stand, that is what the modification is very important that we ask the be added as a cosponsor of the amend- does provide and nothing more; is that President to come forward and tell us ment. I think it is incumbent on the correct? if this new Strategic Concept we have Senate to stand up for our constitu- Mr. ROBERTS. I say to the Senator, all been reading imposes a new com- tional responsibility and that is what I am not sure. I had thought we had an mitment or obligation on the United this amendment does. agreement that there would not be an States. I thank the Chair. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5901 Mr. ROBERTS. Mr. President, may I quirement for the President of the ber parliaments might then assert that ask how much time I have remaining? United States—this President or any they would have to ratify each and The PRESIDING OFFICER. The Sen- future President—to submit to the every future change in an operating ator has 5 minutes remaining. Senate for ratification, as if it were an procedure, we would be building in Mr. ROBERTS. I do not know if the amendment to a treaty, a Strategic chaos to the alliance. How could we op- Senator from Delaware would like to Concept that is a political document. erate under those circumstances? speak at this moment. We use the words interchangeably on The second point I want to make is Mr. BIDEN. Mr. President, I would, if this floor. A new commitment or obli- that we should remember that there I may. gation, as I said, does not a treaty have been many other changes in the The PRESIDING OFFICER. The make. Strategic Concept, as my friend from Chair recognizes the Senator from Our Strategic Concept has always Michigan has pointed out, and they Delaware. been a political, not legal document. were never considered the equivalent of Mr. BIDEN. The distinguished Sen- Before last month’s summit, NATO had a new international treaty. ator from Michigan indicated that I revised the Strategic Concept five As I mentioned, before this year, could yield myself such time as he has times in the past and never once had NATO’s original 1949 Strategic Concept remaining. required the Senate’s advice and con- had been revised five other times. In- Mr. President, I say to my friend sent. Doing so now would gravely un- cluded among those were three funda- from Kansas, I have no objection, after dermine NATO’s alliance and our ef- mental transformations. talking to him, if he wishes to send his forts, as well as being a significant In 1957, the alliance adopted a new amendment to the desk now. I will overreach in terms of our constitu- strategy, which would have shocked yield the floor. tional authority. my friend from Kansas. It was called Mr. ROBERTS. Mr. President, I send Let’s not be fooled by the fact that Massive Retaliation. Talk about a a modification to my amendment to the Roberts-Warner amendment only commitment—a commitment that was, the desk. expresses the sense of the Senate. My I might add, totally consistent with The PRESIDING OFFICER. The concern is that unless we know exactly the provisions of the treaty. It was an amendment will be so modified. its dimension, it will be read in other operating procedure. The amendment (No. 377), as modi- NATO capitals as much more than it In 1967, NATO abandoned the doc- fied, is as follows: is. Just as my friend from Kansas trine of Massive Retaliation in favor of In title X, at the end of subtitle D, add the quoted from the headlines and edi- the doctrine of Flexible Response. And following: torials of other newspapers—I might then, in 1991, to continue to make the SEC. 1061. LEGAL EFFECT OF THE NEW STRA- note that they were not governments, treaty relevant operationally, NATO TEGIC CONCEPT OF NATO. but other newspapers—I point out that recognized that after the end of the So- (a) CERTIFICATION REQUIRED.—Not later people in other countries can misread viet threat, NATO would nonetheless than 30 days after the date of enactment of actions taken by a country or group of be confronted by a series of new this Act, the President shall determine and countries. My concern is that in NATO certify to the Senate whether or not the new threats to the alliance’s security, such capitals our actions will be misread. as ethnic rivalries and territorial dis- Strategic Concept of NATO imposes any new The amendment sets out political commitment or obligation on the United putes. It altered the Strategic Concept States. criteria in point 1; and then in point 2 accordingly. (b) SENSE OF THE SENATE.—It is the sense transforms them into legally binding These were dramatic changes to alli- of the Senate that, if the President certifies ones that would require the Senate’s ance strategy, yet not once did the under subsection (a) that the new Strategic advice and consent. This is a clever use Senate, notwithstanding the fact it Concept of NATO imposes any new commit- of a non sequitur. was not asleep, believe it had to pro- ment or obligation on the United States, the NATO’s Strategic Concept has al- vide its advice and consent. President should submit the new Strategic ways given political guidance to the al- Concept of NATO to the Senate as a treaty There was a great deal of discussion liance’s members. To that extent, this about the 1991 Strategic Concept. I par- for the Senate’s advice and consent to ratifi- sixth revision of the Strategic Concept cation under Article II, Section 2, Clause 2 of ticipated in it, others participated in imposes commitments. But contrary to the Constitution of the United States. it, and it revolved around what was the the assertions made by my distin- (c) REPORT.—Together with the certifi- purpose of NATO and how we were guished friend from Kansas, it in no cation made under subsection (a), the Presi- operationally going to function now way changes the fundamental purpose dent shall submit to the Senate a report con- that the worry was no longer having 50 taining an analysis of the potential threats of the North Atlantic Treaty of 1949. Soviet divisions coming through the facing NATO in the first decade of the next We should oppose this amendment for millennium, with particular reference to four reasons, but if we are not going to Fulda Gap in Germany—a recognition those threats facing a member nation, or oppose it now that it has been changed that the territorial integrity of mem- several member nations, where the commit- from its original amendment, we ber states was still threatened, and in- ment of NATO forces will be ‘‘out of area’’ or should at least recognize four impor- stead of Soviet divisions rolling beyond the borders of NATO member na- through the Fulda Gap with Warsaw tions. tant points: One, to suggest that—if it were to be Pact allies, there was a different (d) DEFINITION.—For the purpose of this threat, nonetheless real, nonetheless section, the term ‘‘new Strategic Concept of suggested—the Strategic Concept NATO’’ means the document approved by the should be treated as an amendment to warranting this mutual commitment Heads of State and Government partici- the treaty would set a terrible prece- made to defend the territorial integrity pating in the meeting of the North Atlantic dent and send a horrible signal at a of member states. Council in Washington, D.C., on April 23 and time when we are striving to maintain We discussed it. We debated it. There 24, 1999. alliance unity. were those who thought it didn’t go far Mr. ROBERTS. Mr. President, I ask It would signal our NATO allies that enough. There are those who thought it unanimous consent that ‘‘In title X at the United States will not implement went too far. But it wasn’t that we the end of subtitle D’’ be added to my the new Strategic Concept without for- were asleep and didn’t pay attention. original amendment. mal Senate advice and consent. In fact, maybe it was because—and I The PRESIDING OFFICER. Without If we pass this amendment, couldn’t am not being facetious—my friend was objection, it is so ordered. the British, French, or Germans say to- in the House where they don’t deal Mr. BIDEN addressed the Chair. morrow that they are going to dis- with treaties, where it is not their con- The PRESIDING OFFICER. The Sen- regard NATO’s operating procedures? stitutional obligation, and where for- ator from Delaware is recognized. Couldn’t they say tomorrow that they eign policy is not the thing they spend Mr. BIDEN. Mr. President, one of the are no longer going to be bound by the bulk of their time on. But we things that we sometimes confuse their commitment to beef up their weren’t asleep over here. In fact, the here—I know I do—is what is a polit- military capacity as they committed current 1999 version of the Strategic ical obligation and what is a constitu- to in 1991? Concept is much more similar to its tional obligation. I respectfully sug- Given that NATO’s decisions require 1991 predecessor than the 1991 docu- gest that there is no constitutional re- unanimity, and that all 19 NATO mem- ment was to any of its predecessors. S5902 CONGRESSIONAL RECORD — SENATE May 25, 1999 My third point is simple. The revised lines NATO’s military and political We debated at length the Kyl amend- Strategic Concept does not require ad- strategy for carrying out the obliga- ment. Let me remind my colleagues vice and consent because it is not a tions of the North Atlantic Treaty. that the amendment was adopted by treaty. Nowhere in the Strategic Concept the Senate in April of 1998 by a 90–9 The rules under U.S. law on what can you find binding obligations upon vote. constitutes a binding international the members of NATO. Rather than reviewing the specifics agreement are set forth in the Restate- For, if that were the case, all of our of the document, because time does not ment of Foreign Relations Law of the European allies as of a year ago, with permit, nor do I think memories have United States, as well as in the State the exception of Great Britain, would to be refreshed that clearly, because Department regulations implementing have been in violation of their treaty everyone remembers, I ask unanimous the Case-Zablocki Act. obligations—would have been in viola- consent that I be allowed to enter into Under the Restatement, the key cri- tion of their treaty obligations because the RECORD a document provided by terion as to whether an international of the commitments they made to the Clinton administration that re- agreement is legally binding is if the build up—I will not bore the Senate views paragraph by paragraph the simi- parties intend that it be legally bind- with the details—their military capac- larities between the Kyl amendment ing and governed by international law. ity. Yet no one here on the floor has and the 1999 Strategic Concept. (Restatement, Sec. 301(1)). risen to suggest over the past several There being no objection, the mate- Similarly, the State Department reg- years, even though we have decried rial was ordered to be printed in the ulations state that the ‘‘parties must their failure to meet their obligations, RECORD, as follows: intend their undertaking to be legally that they have violated their treaty THE KYL AMENDMENT AND THE STRATEGIC binding and not merely of political or obligations. CONCEPT OF NATO personal effect.’’ (22 Code of Federal Instead, the language of the Stra- (Document drafted for Assistant Secretary of Regulations §181.2(a)(1)). tegic Concept contains general state- the State Marc Grossman on April 29, 1999 Thus, many agreements that are not ments about how NATO will carry out and handed out by Secretary Grossman to binding are essentially political state- its mission. Members of the Senate on May 5, 1999) ments. There is a moral and political The most important question, as I Assistant Secretary for European Affairs obligation to comply in such cases, but stated, is the intent of the parties. As Marc Grossman in SFRC testimony on April not a legal one. the President wrote to the Chairman of 21: ‘‘During the NATO enlargement debate The most well-known example of the Committee on Armed Services on some 90 Senators led by Senator Kyl passed such a political statement is the Hel- April 14, ‘‘the Strategic Concept will an amendment laying out clear criteria for sinki Final Act of 1975, negotiated not contain new commitments or obli- NATO’s updated Strategic Concept. We heard under the Ford administration and your message and made the criteria estab- gations for the United States.’’ lished by Senator Kyl our own.’’ credited by most of us as the beginning Of course, the Strategic Concept cre- Language from the Kyl Amendment: ‘‘The of the end of the Soviet Union, the ates a political commitment. And we Senate understands that the policy of the most significant political act that take our political commitments seri- United States is that the core concepts con- began to tear the Berlin Wall down. ously. tained in the 1991 Strategic Concept of That was a political statement—com- All member states, the United States NATO, which adapted NATO’s strategy to mitments we made, but not of treaty included, assume political obligations the post-Cold War environment, remain valid scope requiring the advice and consent when they take part in the alliance’s today, and that the upcoming revision of of the Senate. integrated military planning. that document will reflect the following The second key criterion is whether That is what target force goals are principles:’’ an international agreement contains all about. And, Mr. President, that lies I. FIRST AND FOREMOST, A MILITARY ALLIANCE language that clearly and specifically at the heart of burden-sharing, whose Strategic Concept Paragraph 6: ‘‘. . . safe- describe the obligations that are to be importance several of us continually guard freedom and security . . . by political and military means.’’ undertaken. stress to our NATO allies. SC Para 25: ‘‘. . . a broad approach to secu- An international agreement must The 1999 Strategic Concept creates a rity which recognizes the importance of po- have objective criteria for determining planning framework for NATO to act litical, economic, social and environmental the enforceability of the agreement. (22 collectively to meet new threats if factors in addition to the indispensable de- C.F.R. § 181.2(a)(3)). they arise. fense dimension.’’ Another criterion is the form of the So I would summarize the key point II. PRINCIPAL FOUNDATION FOR DEFENSE OF agreement. That is, a formal document in this way: the Strategic Concept im- SECURITY INTERESTS labeled ‘‘Agreement’’ with final clauses poses political obligations to create SC Para 4: ‘‘. . . must safeguard common about the procedures for entry into military capabilities, but it does not security interests in an environment of fur- force is probably a binding agreement. impose legal obligations to use those ther, often unpredictable change.’’ This is not a central requirement, but capabilities. SC Para 8: ‘‘. . . the Alliance enables them it does provide another indication that My fourth point is that I understand through collective effort to realize their es- sential national security objectives.’’ an agreement is binding. (22 C.F.R. the concern that NATO’s core mis- SC Para 25: ‘‘NATO remains the essential § 181.2(a)(5)). sion—alliance defense—not be altered. forum for consultation . . . and agreement A reading of the Strategic Concept It has not been. on policies bearing on security and defense clearly indicates that it is not a bind- Our negotiators at last month’s commitments . . .’’ ing instrument of which treaties are NATO summit did exactly what the III. STRONG U.S. LEADERSHIP PROMOTES/ made. vast majority of Senators wanted. PROTECTS U.S. VITAL SECURITY INTERESTS Rather, the Strategic Concept is They consciously incorporated the SC Para 27: ‘‘. . . a strong and dynamic merely a political statement with Senate’s concerns that NATO remain a partnership between Europe and North which my colleague from Kansas and defensive alliance when they nego- America . . .’’ others disagree. I respect that. I re- tiated the revised Strategic Concept. IV. U.S. LEADERSHIP ROLE THROUGH STATIONING spect their disagreement with the po- The revised Strategic Concept dupli- FORCES IN EUROPE, KEY COMMANDERS litical commitment that was made. cates much of the language contained SC Para 42: ‘‘presence of US conventional But their political disagreement with a in the Kyl amendment to the Resolu- and nuclear forces in Europe remains vital political commitment does not cause it tion of Ratification on NATO Enlarge- . . .’’ to rise to the level of a binding treaty ment. SC Para 62: ‘‘. . . supreme guarantee of the obligation requiring the advice and You all remember the Kyl amend- security of Allies is provided by the strategic nuclear forces of the Alliance, particularly consent of the Senate, no matter how ment. We were not asleep at the those of U.S.’’ important each of them may be, no switch. We were not failing to pay at- V. COMMON THREATS matter how relevant their objectives tention. We debated at length—my a. potential re-emergence of hegemonic may be, no matter how enlightened friend from Virginia, and I, and oth- power. their foreign policy may be. ers—NATO enlargement. It is one of SC Para 20: ‘‘. . . large-scale conventional Rather, the Strategic Concept is the few areas on which we have dis- threat is highly unlikely, but the possibility merely a political statement that out- agreed. of such a threat emerging exists.’’ May 25, 1999 CONGRESSIONAL RECORD — SENATE S5903 b. rogue states and non-state actors with By appearing to withhold U.S. sup- look at the passing of the 1999 new WMD. port for the revised Strategic Con- Strategic Concept, and I think it be- SC Para 22: ‘‘. . . can pose a direct military cept—and perhaps eventually even comes clear how mission creep is mov- threat to Allies’ populations, territory, and blocking its implementation—this ing in. forces.’’ c. wider nature, including disruption of amendment, if misread, would put the In 1991, NATO established a new flow of vital resources, other transnational alliance in great jeopardy. Strategic Concept which altered the threats. And that could lead to the collapse of concept dramatically from the original SC Para 24: ‘‘. . . of a wider nature, includ- NATO, which I am sure is not the goal treaty. It allowed for more flexibility ing acts of terrorism, sabotage and organised of my colleague from Kansas. in the ability to get into a wide range crime, and by the disruption of the flow of One final comment. I know that my of military operations. However, I add vital resources.’’ friend from Kansas is strongly opposed that it did maintain in part 4, under d. conflict stemming from ethnic and reli- to the conduct of the current war in Guidelines for Defense, entitled ‘‘Prin- gious enmity, historic disputes, undemo- cratic leaders. Yugoslavia, and, while disagreeing ciple of Alliance Strategy’’—I want to SC Para 20: ‘‘Ethnic and religious rivalries, with him, I respect his views. quote specifically from that Strategic territorial disputes, inadequate or failed ef- But, I would remind him and the rest Concept. forts at reform, the abuse of human rights, of my colleagues that the 1999 revision The alliance strategy will continue to re- and the dissolution of states . . .’’ of the Strategic Concept is neither the flect a number of fundamental principles. VI. CORE MISSION IS COLLECTIVE DEFENSE justification for, nor the driving force The alliance— SC Para 27: ‘‘. . . Alliance’s commitment to behind, NATO’s bombing campaign or And this is underlined— the indispensable transatlantic link and the actions in Kosovo. The alliance is purely defensive in purpose. collective defense of its members is funda- NATO’s bombing campaign began a None of its weapons will ever be used except mental to its credibility and to the security full month before the newest revision in self defense. And it does not consider itself and stability of the Euro-Atlantic area.’’ of the Strategic Concept was approved to be anyone’s adversary. SC Para 28: ‘‘The maintenance of an ade- Then, if we look at the 1999 new Stra- quate military capability and clear prepared- at the Washington Summit. ness to act collectively in the common de- To sum up, there are no compelling tegic Concept, it still says that their fense remain central to the Alliance’s secu- political or legal arguments for the core purpose is the collective defense of rity objectives.’’ Roberts amendment. in terms of mak- NATO members. It adds that NATO: VII. CAPACITY TO RESPOND TO COMMON THREATS ing this concept subject to treaty . . . should contribute to peace and sta- SC Para 52: ‘‘The size, readiness, avail- amendment. bility in the region. ability and deployment of the Alliances mili- I urge my colleagues to join me in But, while a lot of the debate here on tary forces will reflect its commitment to voting against this amendment. the floor has been about what does the collective defense and to conduct crisis re- I yield the floor. I thank my col- Concept say, the important point I sponse operations, sometimes at short no- leagues. want to make here is what is impor- tice, distance from home stations . . .’’ Mr. ROBERTS. Mr. President, might tant is what it does not say. In the 1999 SC Para 52: ‘‘They must be interoperable I inquire of the distinguished acting new Strategic Concept, there is no and . . . must be held at the required readi- Presiding Officer how much time re- ness and deployability, and be capable of . .. mention that the alliance will never complex joint and combined operations, mains? use its weapons except in self-defense. which may also include Partners and other The PRESIDING OFFICER. Five So, in 1991 the new Strategic Concept non-NATO nations.’’ minutes. said the alliance was purely defensive VIII. INTEGRATED MILITARY STRUCTURE: Mr. ROBERTS. I thank the Presiding in purpose. In 1999, there is no mention COOPERATIVE DEFENSE PLANNING Officer. that the alliance will never use its SC Para 43: ‘‘. . . practical arrangements Mr. President, I ask unanimous con- weapons other than in self-defense. . . . based on . . . an integrated military sent that the Senator from Oklahoma, I think that is a real important dis- structure . . . include collective force plan- Mr. INHOFE, be added as an original co- tinction. That is why I think it is so ning, common funding, common operational sponsor of the Roberts amendment. important we have a debate on the mis- planning . . .’’ The PRESIDING OFFICER. Without sion of NATO. IX. NUCLEAR POSTURE: AN ESSENTIAL CON- objection, it is so ordered. The PRESIDING OFFICER. The Sen- TRIBUTION TO DETER AGGRESSION; U.S. NU- Mr. ROBERTS. Mr. President, I yield ator’s time has expired. The Chair rec- CLEAR FORCES IN EUROPE; ESSENTIAL LINK to the distinguished Senator from Col- ognizes the Senator from Oklahoma. BETWEEN EUROPE AND NORTH AMERICA EN- orado, my friend and colleague, 3 min- Mr. NICKLES. Mr. President, I com- SURE UNCERTAINTY IN MIND OF AGGRESSOR utes of the remaining time. pliment my colleague from Kansas for SC Para 42: ‘‘presence of U.S. conventional The PRESIDING OFFICER. The and nuclear forces in Europe remains vital to this amendment. I know there are addi- Chair recognizes the Senator from Col- tional speakers—on this side, at least— the security of Europe, which is inseparably orado. linked to that of North America.’’ who desire to speak on it, so I ask SC Para 46: ‘‘. . . remain essential to pre- Mr. ALLARD. I thank the Senator unanimous consent both sides have an serve peace.’’ from Kansas for yielding. additional 8 minutes to speak on this SC Para 62: ‘‘. . . fulfill an essential role by I ask unanimous consent that I be amendment. ensuring uncertainty in the mind of any ag- made a cosponsor of the Roberts The PRESIDING OFFICER. Without gressor . . .’’ amendment. objection, it is so ordered. X. BURDENSHARING: SHARED RESPONSIBILITY The PRESIDING OFFICER. Without Mr. NICKLES. Mr. President, will my FOR FINANCING AND DEFENDING objection, it is so ordered. colleague yield 3 minutes? SC Para 30: ‘‘. . . Allies have taken deci- PRIVILEGE OF THE FLOOR Mr. ROBERTS. I am delighted to sions to enable them to assume greater re- Mr. ALLARD. Mr. President, I ask yield my distinguished colleague and sponsibilities . . .;’’ will enable all European unanimous consent that Doug Flanders friend 3 minutes. Allies to make a more coherent and effective of my staff have floor privileges during Mr. NICKLES. Mr. President, I thank contribution to the missions . . . of the Alli- ance;’’ ‘‘. . . will assist the European Allies the entire debate on the National De- the Senator for this amendment. I to act by themselves as required.’’ fense Authorization Act for fiscal year think this is a very important amend- SC Para 42: ‘‘The achievement of Alliance’s 1999. ment. I wish we would debate it at aims depends critically on the equitable The PRESIDING OFFICER. Without much greater length, because I am sharing of the roles, risks and responsibil- objection, it is so ordered. afraid, from some of the things I have ities . . . of common defense.’’ Mr. ALLARD. Mr. President, I rise in read, from comments made by the Mr. BIDEN. Mr. President, let me strong support of the Roberts amend- President of the United States, that he also remind my colleagues that ment. The reason I do that is I think is expanding NATO’s role, commit- NATO’s decisions require unanimity. I that the North Atlantic Treaty Organi- ment, obligation, frankly, far beyond know we all know that. We got that zation, which we refer to as NATO in the treaty we have signed, which has unanimity at a recent Washington this debate, is suffering from mission been so successful, the 50th anniver- summit after long and tough negotia- creep. I look at what has happened sary of which we commemorated this tions. with the Strategic Concept in 1991. I year. S5904 CONGRESSIONAL RECORD — SENATE May 25, 1999 I look at the President’s statement What we are doing here is very, very involved in this, with a very modest he made on May 27, 1997. He did this in historic. This Congress has ratified a contribution, only because we are in concert with French President Chirac defensive treaty. We are moving into a there. I wonder how many other of and Russian President Yeltsin in new world. We are looking at an en- these countries are getting involved be- France. He stated: tirely different approach to life, and cause we are providing that leadership. In turn, we are building a new NATO. It the President is unilaterally expanding No. 2, my concern about this is not a will remain the strongest alliance in history, the commitments of this Nation under legalistic concern. It is what effect is with smaller, more flexible forces, prepared the guise of a new NATO that is in- this having on our state of readiness. I to provide for our defense, but also trained volved in new missions, as the Senator happen to be chairman of the Readi- for peacekeeping. from Oklahoma has just noted; com- ness Subcommittee. This is what is He goes on, and I will just read the mitting us solemnly with the same very frightening. We can remember in last sentence: depth of commitment that we put our this Chamber in 1994, in 1995, talking It will be an alliance directed no longer lives, our fortunes, and our honor to about Bosnia; we were going to be against a hostile bloc of nations, but instead preserve the integrity of democracy sending people over to Bosnia. What designed to advance the security of every de- against totalitarian communism for all was the main argument used? We have mocracy in Europe—NATO’s old members, to protect the integrity of NATO. Then new members, and non-members alike. of these years. That is what is being asked here. To we have the same thing coming up on A couple of days later he made a have that done without full debate and Kosovo. It has come up in other places, speech at the United States Military full approval of this Congress is as- too. Academy, a commencement speech at tounding and would represent a major These are areas where we do not have West Point, May 31, 1997: legal erosion of the powers of the Sen- national strategic interests. What it To build and secure a new Europe, peace- ate and the Congress, particularly the has done is to put us in a position ful, democratic and undivided at last, there where we cannot carry out the min- must be a new NATO, with new missions, Senate, to review these matters. So I cannot express too strongly how impor- imum expectations of the American new members and new partners. We have people or our national military strat- been building that kind of NATO for the last tant it is this Senate reassert its his- three years with new partners in the Part- toric responsibility to advise and con- egy, which is to defend America on two nership for Peace and NATO’s first out-of- sent to involvement in these kind of fronts. I want to tell you how proud I was of area mission in Bosnia. In Paris last week, foreign policies. we took another giant stride forward when Once the President commits us, we General Hawley the other day, Air Combat Command, who came out and Russia entered a new partnership with pay for it. Right now this action in NATO, choosing cooperation over confronta- said we, right now, are not in a posi- Kosovo amounts to 19 NATO nations tion, as both sides affirmed that the world is tion to respond if we should be called meeting and deciding how to deploy different now. European security is no longer upon to respond in areas where we do the U.S. Air Force. We are paying for a zero-sum contest between Russia and have a national strategic interest such this war in their own backyard, and NATO; but a cherished, common goal. as North Korea or the Persian Gulf. Clearly, President Clinton is trying they are voting on how to conduct it. It is very, very important that we get to redefine NATO’s mission far beyond We simply have to get a better grip on to the bottom of this and we make a a defensive alliance, as our colleague it. determination as to what our future from Kansas pointed out. The purpose The PRESIDING OFFICER. The Sen- commitments are going to be as far as in the charter of NATO under article 5 ator’s 2 minutes have expired. NATO is concerned. was a defensive alliance. Now he is ex- Mr. SESSIONS. I thank the Senator The PRESIDING OFFICER. The Sen- panding it to include nonmembers. He from Kansas. ator’s time has expired. The Senator is including out-of-area conflicts. He Mr. ROBERTS. I yield 2 minutes to from Virginia is recognized. includes ethnic conflicts or trying to the Senator from Oklahoma. Mr. WARNER. Mr. President, I be- resolve ethnic conflicts. I think, clear- Mr. WELLSTONE. I ask my col- lieve this debate is taking on excellent ly, if he is going to do so, he needs to league whether I could have 10 seconds participation. I think we can allocate rewrite the NATO charter and submit to have some fellows granted the privi- another 10 minutes to both sides—10 that as a treaty to the Senate for its lege of the floor? They have been wait- minutes under the control of the Sen- ratification. ing outside. May I do that without tak- ator from Kansas and 10 minutes under So I compliment my colleague for ing anybody’s time? the control of my distinguished col- this amendment. I think it is one of Mr. ROBERTS. Certainly. league from Michigan. the most important amendments we PRIVILEGE OF THE FLOOR Mr. LEVIN. Reserving the right to will consider on this bill. I urge my col- Mr. WELLSTONE. Mr. President, I object, and I do not plan to object, I leagues to vote in favor of the Roberts ask unanimous consent that Ben wonder if the Chair can inform us as to amendment, and I thank him for his Highton, Rachel Gragg, John Brad- how much time is remaining on both leadership. shaw, and Michelle Vidovic, who are sides under the previous extension. Mr. ROBERTS. Mr. President, how fellows, be granted the privilege of the The PRESIDING OFFICER. Almost 3 much time do we have remaining now? floor for the duration of the consider- minutes on this side and 8 minutes on The PRESIDING OFFICER. The Sen- ation of this bill. the side of the Senator from Michigan. ator controls 7 minutes. The PRESIDING OFFICER. Without Mr. LEVIN. I want to protect the Mr. ROBERTS. Mr. President, I ask objection, it is so ordered. The Senator rights of the Senator from Minnesota unanimous consent that Senator SES- from Oklahoma. who has been waiting. SIONS be added as an original cosponsor Mr. INHOFE. Mr. President, I know Mr. WELLSTONE. Mr. President, I of the Roberts amendment. the Senator from Delaware, the Sen- say to my colleague, this is an impor- The PRESIDING OFFICER. Without ator from Alabama, and others have tant debate. I agree with both of the objection, it is so ordered. been talking about the legal ramifica- managers. We should go on with the de- Mr. ROBERTS. I yield the distin- tions of what this amendment is all bate. I ask the question whether or not guished Senator 2 minutes. about. You can study the sections and I may bring this amendment up after The PRESIDING OFFICER. The Sen- subsections and sub-subsections and the caucuses or speak for a while but ator from Alabama. quote all of these things, but I think then have some time later. Mr. SESSIONS. Mr. President, I we all know this was an alliance that Mr. WARNER. Mr. President, I can thank the Senator from Kansas for was set up to be a defensive alliance. address that and make a suggestion. bringing forward a very critical amend- Now we are getting into something On this side, we are prepared to accept ment. I spent 17 years as a U.S. attor- that is far more than that. the third amendment. I suggest per- ney or assistant U.S. attorney, rep- But I would put out two things that haps at the hour of 12:25, the distin- resenting the United States in court. I have not been said. First of all, I just guished ranking member and I and Mr. am looking at the legal implications of came back from the Canada-United WELLSTONE can address the three this amendment as a lawyer for the States interparliamentarian meeting amendments and conclude them before United States. up there. It is very clear to me they are the caucus. Will that be convenient? May 25, 1999 CONGRESSIONAL RECORD — SENATE S5905 Mr. WELLSTONE. I say to my col- with this debate. It will not take but a often what happens is that there is league, I thank him for two of the minute on the two voice votes on the some environmental contamination. amendments. I am committed to hav- two Wellstone amendments. We want to make sure those countries ing a rollcall vote on the welfare track- Mr. ROBERTS. I have no problem. have access to information as to the ing amendment, so that would not The PRESIDING OFFICER. Is there extent of what chemicals or substances work out for me. I am pleased to go on objection? are there which might pose a danger to with this debate, and I will come back Mr. WARNER. We have not put it in their citizens. later. the form of a unanimous consent re- It is a very reasonable amendment. It Mr. ROBERTS. Will the distin- quest. is important for our foreign relations guished Senator yield? Mr. WELLSTONE. Mr. President, I with these countries. I believe it has Mr. WARNER. Mr. President, this is apologize. I was in a discussion with strong bipartisan support. I thank Sen- the first time we have known of the the staff on the majority side. What ator LEVIN and Senator WARNER for Senator’s desire to have a rollcall vote are we talking about here? their support and make the request—I on the third amendment. We are pre- Mr. LEVIN. Mr. President, the sug- think both Senators will do this—that pared to accept it. gestion was we immediately take up this be kept in conference committee. Mr. WELLSTONE. Mr. President, I the two Wellstone amendments that we That is why I do not need a recorded say to my colleague from Virginia, I are going to voice vote, then go back to vote. appreciate working with him on the the Roberts amendment, and then The PRESIDING OFFICER. The Sen- other amendments. I have been down come back to the third amendment ator from Virginia. this path before with voice votes and afterwards. Mr. WARNER. May I seek clarifica- then it is out in conference. I am com- Mr. WELLSTONE. That will be fine tion of our colleague from Minnesota, mitted to having a debate and vote on with me. on his third amendment: What number this. I am sorry my colleague is sur- AMENDMENT NO. 381, AS MODIFIED does he designate this being? He just prised by this. I am more than willing Mr. WELLSTONE. Mr. President, mentioned he wanted to send an to wait. I think this debate is very im- first, on amendment No. 381, I send a amendment— portant. I will come back later and do modification to the desk. Mr. WELLSTONE. I thought we were this. The PRESIDING OFFICER. The going to do two amendments right Mr. WARNER. Mr. President, I want amendment is so modified. now: One is on environmental impact the opportunity to consult with the The amendment, as modified, is as when we close bases, and the second chairman of the committee that has ju- follows: amendment is on atomic vets, both of risdiction over the subject matter of On page 83, between lines 7 and 8, insert which the Senator is prepared to ac- the third amendment and with the ma- the following: cept. jority leader and presumably the mi- SEC. 329. PROVISION OF INFORMATION AND Mr. WARNER. Correct. nority leader, and set a time for the GUIDANCE TO THE PUBLIC REGARD- Mr. WELLSTONE. The third amend- rollcall vote, which the Senator is enti- ING ENVIRONMENTAL CONTAMINA- ment, No. 382, deals with tracking, re- TION AT U.S. MILITARY INSTALLA- tled to have. For the moment, we are TIONS FORMERLY OPERATED BY porting on what is actually happening prepared to accept the two amend- THE UNITED STATES THAT HAVE in the country right now with welfare ments and then allow the debate—— BEEN CLOSED. reform. The PRESIDING OFFICER. Under (a)(1) REQUIREMENT TO PROVIDE INFORMA- Mr. WARNER. Mr. President, I am the previous order, the time is set for TION AND GUIDANCE.—The Secretary of De- familiar with that, and the Senator the Wellstone amendment. fense shall publicly disclose existing, avail- first wishes to amend the text of No. Mr. WARNER. On the two amend- able information relevant to a foreign na- tion’s determination of the nature and ex- 382? ments from Senator WELLSTONE. tent of environmental contamination, if any, Mr. WELLSTONE. No; I just did— Mr. LEVIN. Mr. President, if the at a site in that foreign nation where the Mr. WARNER. You just did it. chairman will yield, may I make a sug- United States operated a military base, in- Mr. WELLSTONE. I modified amend- gestion that after we conclude the de- stallation, and facility that has been closed ment No. 381. bate on the pending amendment, we as of the date of enactment of this Act. Mr. WARNER. Addressing No. 382, immediately proceed to the first of the (2) CONGRESSIONAL LIST.—Not later than what amount of time will the Senator two Wellstone amendments, accept September 30, 2000, the Secretary of Defense require for debate on No. 382? those before lunch, and then determine shall provide Congress a list of information Mr. WELLSTONE. The UC provides made public pursuant to paragraph (1). at that time whether to conclude the for an hour equally divided. (b) LIMITATION.—The requirement to pro- debate on the third. In any event, the vide information and guidance under sub- Mr. WARNER. And does the Senator rollcall vote on the third amendment section (a) may not be construed to establish wish to adhere to that previous order? will have to come after lunch under the on the part of the United States any liability Mr. WELLSTONE. I say to my col- existing unanimous consent agree- or obligation for the costs of environmental league, yes, I have been trying to get ment. restoration or remediation at any site re- this amendment on the floor for some Mr. ROBERTS. If the Senator will ferred to in subsection (a). time. I am talking to a good friend, my yield, basically how much additional (c) NATIONAL SECURITY.—Information the friend from Virginia, as I make my Secretary of Defense believes could ad- time to the time we have left has the versely affect U.S. National Security shall case. I believe my friend from Virginia Senator asked for? I am not sure there not be released pursuant to this provision. will agree that this is well worth the are any more Members who want to focus on the part of the Senate. Mr. WELLSTONE. Mr. President, I speak on the minority side. I can wrap Mr. WARNER. I am only addressing will take a very brief period of time on up in 5 minutes or less. I am adding co- procedure. each amendment. Basically what this sponsors every minute, so I am happy Mr. WELLSTONE. One hour equally amendment says is: to stay here for a while. divided is the UC. Mr. WARNER. Mr. President, for the The Secretary of Defense shall publicly Mr. WARNER. We would like to com- purpose of the party caucuses, we hope disclose existing, available information rel- plete that amendment by 1 o’clock. ative to a foreign nation’s determination of to complete all debate on the under- the nature and extent of environmental con- Will the Senator reduce his amount of lying amendment circa 12:30, which is tamination, if any, at a site in that foreign time? In all likelihood, we will yield roughly a half hour. I wish to speak a nation where the United States operated a back the half hour reserved for us, be- few more minutes on the amendment military base, installation, and facility that cause there is not likely to be any op- offered by the Senator from Kansas, as has been closed as of the date of the enact- position. does the ranking member. ment of this Act. Mr. WELLSTONE. Mr. President, I My suggestion is, if possible, while I thank both colleagues, and I really am delighted if there is not any opposi- Senator WELLSTONE is on the floor, do hope these amendments will be sup- tion. If the Senator is going to yield the voice voting of his two amend- ported in conference committee. back his time, clearly—I do need to go ments, reserving, of course, scheduling To make a long story short, when we to the caucus, but I would rather not the third, and then we can continue leave a country, close our base, quite yield back time. I will try to shorten S5906 CONGRESSIONAL RECORD — SENATE May 25, 1999 my presentation. If there is not a re- Mr. ROBERTS. Does the chairman Mr. LEVIN. Sure. sponse, so be it; we will get a strong want to speak on this? Is that correct? The PRESIDING OFFICER. The vote. You wish to speak on the Roberts Chair recognizes the Senator from Mr. WARNER. For the convenience amendment? Michigan. of the Senate, does the Senator think Mr. WARNER. The Senator is cor- Mr. LEVIN. Mr. President, I support he can give us any estimate as to how rect, for about 3 minutes, in support. this amendment for the reasons pre- he can shorten it from a half hour Mr. ROBERTS. I can get my remarks viously given. It does not reach any down to, say, 10 or 12 minutes? done in 5, so I ask unanimous consent conclusion as to whether there are any Mr. WELLSTONE. Mr. President, I that we add 8 minutes, along with the additional obligations upon the United am not going to shorten this amend- other 8 minutes. States. Unlike earlier versions, it sim- ment to 10 or 12 minutes in any way, The PRESIDING OFFICER. Is there ply asks the President to certify shape or form, because it is too impor- objection? whether or not there are additional ob- tant to have a chance to talk about Without objection, it is so ordered. ligations imposed on the United States. what is happening to these women and Mr. ROBERTS. Mr. President, I ask I have read from what was called children and make sure that we track unanimous consent that Senator then the new Strategic Concept of what is happening. BINGAMAN of New Mexico be added as a NATO in 1991. At the heading of that Mr. WARNER. I am just seeking to cosponsor of the Roberts amendment. Concept, it was stated that: try to accommodate the Senate. The PRESIDING OFFICER. Without The alliance recognizes that developments Mr. WELLSTONE. We should stay objection, it is so ordered. taking place in Europe would have a far- with the UC agreement. Mr. ROBERTS. I yield the distin- reaching impact on the way in which its aims would be met in the future. Mr. WARNER. Beg your pardon? guished chairman—what was the re- I have to address the Chair. There is quest, Mr. Chairman, 3 minutes, 5 min- And, indeed, adopted language such a UC requirement of the expenditure of utes? as: that time prior to the normal weekly Mr. WARNER. I would suggest that Alliance security must also take into ac- recess today at 12:30? we try to conclude the Roberts amend- count the global context. Alliance security ment in 5 or 10 minutes. Then we will interests can be affected by other risks of a The PRESIDING OFFICER. There is. wider nature, including proliferation of Mr. WARNER. This is the dilemma proceed to the Wellstone amendment, weapons of mass destruction, disruption of that the Senator from Virginia, the and then we can adhere to the time flow of vital resources, actions of terrorism manager of the bill has, in that, as agreements. and sabotage. drawn, the UC of last night requires it Mr. ROBERTS. I ask the distin- That did not impose any new obliga- to be completed prior to 12:30. So now guished chairman, how much time tions. It is very broad language. let’s figure out how we accommodate would the distinguished chairman like? Listen to some of this language in the Senate. Perhaps we can move your Mr. WARNER. Just 2 minutes. this 1991 alliance new Strategic Con- amendment to some point this after- Mr. ROBERTS. I yield the distin- cept: noon, that is, amendment No. 3, when guished Senator 2 minutes. The primary role of the alliance military the Senator could avail himself of the Mr. WARNER. Mr. President, I want forces to guarantee security and territorial full 30 minutes, if he so desires. to address the document that was sub- integrity of member states remains un- Mr. WELLSTONE. Mr. President, I mitted to the Senate by the Senator changed [we said in 1991]. But this role must would be more than willing —if several from Delaware entitled: The Kyl take account of the new strategic environ- Amendment and the Strategic Concept ment in which a single massive and global of my colleagues want to speak on the threat has given way to diverse and multi- very important amendment that Sen- of NATO. I went back and asked the directional risks. Allied forces have different ator ROBERTS has offered, I would be Senator from Delaware to clarify the functions to perform in peace, crises, and willing to bring my amendment up date, time, group, and when it was pre- war. right after the caucuses and go to it pared and submitted to the Senate. He That is section 40 in 1991. right then. is doing that. How about this one, section 41: Mr. WARNER. If I may say, Mr. But I just wish to draw the attention Allies could be called upon to contribute to President, right after our caucuses are to the Senate, as I read this docu- global stability and peace by providing votes on other amendments, including ment—and I have seen it before—it forces for United Nations missions. Senator ROBERTS’ amendment. simply refers to those portions in the How about that for a mission in 1991? Mr. WELLSTONE. After we have Kyl amendment that were incorporated Did that impose an obligation on us, those votes then I would bring the into the final draft of the Strategic legal obligation on this body, or on this amendment up. Concept. But it does not, on its face, Nation? Boy, I hope not. Not in my Mr. WARNER. I will need to check nor do I believe it was intended to, say book it did not. other commitments we made with re- that it covered everything by the new Allies could be called upon to contribute to gard to time. I will work on it and Strategic Concept. global stability and peace by providing come back in a minute or two and clar- Indeed, I agree with the Senator from forces for United Nations missions. ify this. Kansas this document in no way is in- This was adopted in 1991 as a new In the meantime, if we can proceed tended to represent that it encom- Strategic Concept. That did not impose with the Roberts amendment. passes all of the new Strategic Con- a thing on us. It was a new Strategic The PRESIDING OFFICER. Who cept. The Senator from Kansas is quite Concept adopted by NATO, not a le- yields time? properly pointing out there are those gally binding commitment on the alli- Mr. ROBERTS addressed the Chair. of us—the Senator from Kansas, my- ance. The PRESIDING OFFICER. The self, and others—who feel the Strategic It was not submitted to us then as a Chair recognizes the Senator from Kan- Concept went beyond the Kyl amend- treaty change because it was not a sas. ment. treaty change, nor is this new Stra- AMENDMENT NO. 377, AS MODIFIED I yield the floor. tegic Concept of 1999 legally binding Mr. ROBERTS. Mr. President, I in- The PRESIDING OFFICER. The upon us any more than the 1991 Stra- quire, after all that, how much time do Chair recognizes the Senator from Kan- tegic Concept was. we have remaining on either side? sas. So I think we ought to adopt this The PRESIDING OFFICER. Three Mr. ROBERTS. Might I inquire of my amendment. It is something which is minutes on the Senator’s side; 8 min- distinguished friend from Michigan if highly appropriate to ask the President utes on the other side. he, the minority, seeks any additional whether or not the new Strategic Con- Mr. ROBERTS. But was there a re- time? cept of NATO imposes any new com- quest by unanimous consent that ei- Mr. LEVIN. We are just using about 3 mitment or obligation on the United ther party wanted some additional of our 8 minutes. States, the key word there to me being time? The minority has 8 minutes re- Mr. ROBERTS. I would be happy if ‘‘imposes.’’ maining; is that not correct? the Senator would like to proceed at I ask, Mr. President, before I yield The PRESIDING OFFICER. That is this time. I would like to close, if that the floor, that the yeas and nays be or- correct. is all right. dered on this amendment. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5907 The PRESIDING OFFICER. Is there a going to stay within our borders and Mr. WELLSTONE. I urge the adop- sufficient second? we will meet with you before we go tion of the two amendments. There is a sufficient second. outside the borders and go wandering The PRESIDING OFFICER. Without The yeas and nays were ordered. in the territory of a sovereign nation. objection, the two amendments are PRIVILEGE OF THE FLOOR Then lastly, we are going to consult agreed to. Mr. LEVIN. Mr. President, I ask with the U.N. It is going to be in co- Mr. WELLSTONE. These are amend- unanimous consent that the privileges operation with the U.N. All that is dif- ments Nos. 380 and 383? of the floor be granted to the following ferent. The PRESIDING OFFICER. Amend- Pearson Fellow on the staff of the For- I think to say that it is not different ments 380 and 381. eign Relations Committee, Joan in regard to 1991 is simply not accu- Mr. WELLSTONE. I am sorry, 380 and Wadelton, during the pendency of the rate. 381. Department of Defense Authorization I don’t know. I suppose per se, le- Mr. LEVIN. As modified. legislation. gally—I am not a lawyer—that this The PRESIDING OFFICER. As modi- The PRESIDING OFFICER. Without Strategic Concept is not a treaty. But fied. objection, it is so ordered. it sure walks like a treaty duck and it The amendments (No. 380 and No. Mr. LEVIN. I thank the Chair. quacks like a treaty duck and it is 381), as modified, were agreed to. Again, I will be supporting this wandering into different areas like a Mr. LEVIN. Mr. President, I move to amendment. treaty duck. In the quacking and the reconsider the vote. Mr. ROBERTS. With the debate we walking, it is causing a lot of problems. Mr. WARNER. I move to lay that mo- have had on the floor, although there is I simply say, in closing, I do respect tion on the table. support—and the better part of judg- the Senator from Michigan and his sup- The motion to lay on the table was ment would be for me to simply yield port and the Senator from Delaware for agreed to. the floor—we will try to split the shin- his accommodating my amendment. It AMENDMENT NO. 380 gle one more time. The debate is cen- is true that the Senator from Delaware Mr. WELLSTONE. Mr. President, I tered around whether or not the new said that I was in the House of Rep- rise today to speak on an amendment I Strategic Concept adopted at the 50th resentatives, the other body, what Sen- offered that would remove some of the anniversary of NATO is legally bind- ator BYRD refers to as the lower body. frustrating and infuriating obstacles ing, a treaty, or different from the 1991 In 1990 we were not asleep. We were not that have too often kept veterans who Concept, let alone the 1949 Concept. asleep at all. We admired the Senator were exposed to radiation during mili- Let me just say that the 1991 docu- from Delaware from afar. We were tary service from getting the disability ment really stressed that—as a matter spellbound, as a matter of fact, by his compensation they deserve. This of fact, it assured—no NATO weaponry oratorical skills, his sartorial splendor, amendment would add three radiogenic will ever be used offensively. We are and his ability to be heard above all in conditions to the list of presumptively sure doing that now in regard to the Senate, regardless of whether the service-connected diseases for which Kosovo. In addition, in terms of the 19 acoustical system was working or not. atomic veterans may receive VA com- parties who met in Washington, I am So I thank the Senator from Delaware pensation, specifically: lung cancer; sure that each one of them certainly for his comments. colon cancer; and tumors of the brain I urge Senators to support this thought it was binding. And if the men and central nervous system. It is based amendment and send a strong message and women in the uniform of all our al- on a bill I introduced during the last that we are adhering to our constitu- lies do not think it is binding, I think Congress, S. 1385, the Justice for Atom- tional right when we change an agree- they had better look for a new defini- ic Veterans Act. ment that in effect directly affects the tion. At the outset, let me say that this I believe any document that contains lives of our American men and women amendment was accepted and adopted even tacit commitment by the United and our national security, that the by the Senate just a few months ago as States and other nations to engage in Senate stepped up to the plate. a part of S. 4, the Soldiers’, Sailors’, I yield back the remainder of my new types of NATO missions—and let Airmen’s, and Marines’ Bill of Rights time. me simply say that these missions are The PRESIDING OFFICER. All time Act of 1999. Because that bill appears now described as problems with drugs, has been yielded back. Under the pre- to be dead on arrival in the House, I am problems with social progress, with re- vious order, the Roberts-Warner offering it on the Defense Authoriza- form, with ethnic strife; about the only amendment No. 377 will be temporarily tion bill. I think this amendment was thing that is not in there is don’t put laid aside. relevant to S. 4 and it is certainly rel- gum in the water fountain—outside the Mr. WARNER. And the vote will evant to this bill. But I mention the domain of the original treaty, as well occur, Mr. President, if you continue to history of this amendment to my col- as a commitment to structure military read the order. leagues in the belief that what was ac- forces accordingly, can be considered The PRESIDING OFFICER. The vote ceptable to the Senate three months an international agreement. will occur after the Roth amendment ago will be acceptable today. I refer again to the U.S. Department at 2:15. I want to explain why this amend- of State Circular 175, the Procedure on Mr. WARNER. I thank the Chair. ment is topical to the Defense Author- Treaties, that sets forth eight consider- Now, Mr. President, we are ready to ization bill. I believe that the way we ations available for determining receive the comments under the stand- treat our veterans does send an impor- whether or not an agreement or an ac- ing order for the day from our distin- tant message to young people consid- cord should be submitted to the Senate guished colleague from Minnesota. ering service in the military. When for ratification. Four of them I will re- These comments will be relative to veterans of the Persian Gulf War don’t peat again: The extent to which the what I call the third amendment, No. get the kind of treatment they deserve, agreement involves commitments or 382. Perhaps we could take this time to when the VA health care budget loses risks affecting the Nation as a whole— vote the first two by voice. out year after year to other budget pri- if Kosovo is not a risk, I do not know Mr. WELLSTONE. Mr. President, be- orities, when veterans benefits claims what is—whether the agreement can be sides the environmental assessment take years and years to resolve, what given effect without the enactment of amendment, the second amendment we is the message we are sending to future subsequent legislation by the Congress; are taking deals with atomic vets—is recruits? past U.S. practices as to similar agree- that correct—compensation for atomic How can we attract and retain young ments; the preference of Congress as to vets? I am pleased to do so, and I thank people in the service when our govern- a particular type of agreement. both my colleagues for their help and ment fails to honor its obligation to It seems to me, if I recall the debate comments. provide just compensation and health and the two copies of the original 1949 Mr. WARNER. We are happy to be of care for those injured during service? document, and then the Strategic Con- accommodation. Would the Senator One of the most outrageous examples cept document, No. 1, they said no of- urge the adoption of the two amend- of our government’s failure to honor fensive weapons. No. 2, they said we are ments? its obligations to veterans involves S5908 CONGRESSIONAL RECORD — SENATE May 25, 1999 ‘‘atomic veterans,’’ patriotic Ameri- government has a long overdue debt to nuclear testing anticipated claims for cans who were exposed to radiation at these patriotic Americans, a debt that service-connected disability and sought Hiroshima and Nagasaki and at atmos- we in the Senate must help to repay. I to ensure that ‘‘no successful suits pheric nuclear tests. urge my colleagues on both sides of the could be brought on account of radio- For more than 50 years, many of aisle to help repay this debt by sup- logical hazards.’’ That quotation comes them have been denied compensation porting this amendment. from documents declassified by the for diseases that the VA recognizes as My legislation and this amendment President’s Advisory Committee on being linked to their exposure to radi- have enjoyed the strong support of vet- Human Radiation Experiments. ation—diseases known as radiogenic erans service organizations. Recently, The VA, during this period, main- diseases. Many of these diseases are le- the Independent Budget for FY 2000, tained classified records ‘‘essential’’ to thal forms of cancers. which is a budget recommendation evaluating atomic veterans’ claims, I received my first introduction to issued by AMVETS, Disabled American but these records were unavailable to the plight of atomic veterans from Veterans (DAV), Paralyzed Veterans of veterans themselves. some first-rate mentors, the members America (PVA), and the Veterans of Atomic veterans were sworn to se- of the Forgotten 216th. The Forgotten Foreign Wars (VFW), endorsed adding crecy and were denied access to their 216th was the 216th Chemical Service these radiogenic diseases to VA’s pre- own service and medical records for Company of the U.S. Army, which par- sumptive service-connected list. many years, effectively barring pursuit ticipated in Operation Tumbler Snap- Let me briefly describe the problem of compensation claims. per. Operation Tumbler Snapper was a that my amendment is intended to ad- It’s partly as a result of these miss- series of eight atmospheric nuclear dress. When atomic veterans try to ing or incomplete records that so many weapons tests in the Nevada desert in claim VA compensation for their ill- people have doubts abut the validity of 1952. nesses, VA almost invariably denies dose reconstructions for atomic vet- About half of the members of the their claims. VA tells these veterans erans, some of which are performed 216th were Minnesotans. What I’ve that their radiation doses were too more than fifty years after exposure. learned from them, from other atomic low—below 5 rems. Even if these veterans’ exposure was veterans, and from their survivors has But the fact is, we don’t really know less than 5 rems, which is the standard shaped my views on this issue. that and, even if we did, that’s no ex- used by VA, this standard is not based Five years ago, the Forgotten 216th cuse for denying these claims. The re- on uncontested science. In 1994, for ex- contacted me after then-Secretary of sult of this unrealistic standard is that ample, GAO stated: ‘‘A low level dose Energy O’Leary announced that the it is almost impossible for these atom- has been estimated to be somewhere U.S. Government had conducted radi- ic veterans to prove their case. The below 10 rems [but] it is not known for ation experiments on its own citizens. only solution is to add these conditions certain whether doses below this level For the first time in public, they re- to the VA presumptive service-con- are detrimental to public health.’’ vealed what went on during the Nevada Despite persistent doubts about VA’s tests and the tragedies and trauma nected list, and that’s what my amend- and DoD’s dose reconstruction, and de- that they, their families, and their ment does. First of all, trying to go back and de- spite doubts about the science on former buddies had experienced since termine the precise dosage each of which VA’s 5 rem standard is based, then. Because their experiences and prob- these veterans was exposed to is a fu- these dose reconstructions are used to lems typify those of atomic veterans tile undertaking. Scientists agree that bar veterans from compensation for nationwide, I’d like to tell my col- the dose reconstruction performed for disabling radiogenic conditions. leagues a little more about the Forgot- the VA is notoriously unreliable. The effects of this standard have ten 216th. When you hear their story, I GAO itself has noted the inherent un- been devastating. A little over two think you have to agree that the For- certainties of dose reconstruction. years ago the VA estimated that less gotten 216th and other veterans like Even VA scientific personnel have con- than 50 claims for non-presumptive dis- them must never be forgotten again. ceded its unreliability. In a memo to eases had been approved out of over Members of the 216th were sent to VA Secretary Togo West, Under Sec- 18,000 radiation claims filed. measure fallout at or near ground zero retary for Health Kenneth Kizer has Atomic veterans might as well not immediately after a nuclear blast. recommended that the VA reconsider even bother. Their chances of obtaining They were exposed to so much radi- its opposition to S. 1385 based, in part, compensation are negligible. ation that their Geiger counters went on the unreliability of dose reconstruc- It is impossible for many atomic vet- off the scale while they inhaled and in- tion. erans and their survivors to be given gested radioactive particles. They were Mr. President, I ask unanimous con- ‘‘the benefit of the doubt’’ by the VA given minimal or no protection. They sent that the text of Dr. Kizer’s memo while their claims hinge on the dubious frequently had no film badges to meas- be printed in the RECORD at the end of accuracy and reliability of dose recon- ure radiation exposure. They were my remarks. struction and the health effects of ex- given no information on the perils they The PRESIDING OFFICER. Without posure to low-level ionizing radiation faced. objection, it is so ordered. remain uncertain. Then they were sworn to secrecy [See exhibit 1.] This problem can be fixed. The rea- about their participation in nuclear Mr. WELLSTONE. In addition, none son atomic veterans have to go tests. They were often denied access to of the scientific experts who testified through this reconstruction at all is their own service medical records. And at a Senate Veterans’ Affairs Com- that the diseases listed in my amend- they were provided no medical follow- mittee hearing on S. 1385 on April 21, ment are not presumed to be service- up. 1998, supported the use of dose recon- connected. That’s the real problem. For decades, atomic veterans have struction to determine eligibility for VA already has a list of service-con- been America’s most neglected vet- VA benefits. nected diseases that are presumed serv- erans. They have been deceived and Let me explain why dose reconstruc- ice-connected, but these are not on it. treated shabbily by the government tion is so difficult. Dr. Marty Gensler This makes no sense. Scientists agree they served so selflessly and on my staff has researched this issue that there is at least as strong a link unquestioningly. for over five years, and this is what he between radiation exposure and these If the U.S. Government can’t be has found. diseases as there is to the other dis- counted on to honor its obligation to Many atomic veterans were sent to eases on that VA list. these deserving veterans, how can ground zero immediately after a nu- You might ask why I’ve included young people interested in military clear test with no protection, no infor- these three diseases in particular—lung service have any confidence that their mation on the known dangers they cancer; colon cancer; and tumors of the government will do any better by faced, no badges or other monitoring brain and central nervous system—in them? equipment, and no medical followup. my amendment. The reason is very I believe the neglect of atomic vet- As early as 1946, ranking military simple. The best, most current, sci- erans should stop here and now. Our and civilian personnel responsible for entific evidence available justifies May 25, 1999 CONGRESSIONAL RECORD — SENATE S5909 their inclusion. A paper entitled ‘‘Risk Gulf War veterans and Agent Orange 2. I do not think the Department’s current Estimates for Radiation Exposure’’ by veterans. opposition to S. 1385 is defensible in view of John D. Boice, Jr. of the National Can- In 1993, the VA decided to make lung the Administration’s position on presumed cer Institute, published in 1996 as part cancer presumptively service-con- service-connection for Gulf War veterans, as nected for Agent Orange veterans. That well as its position on Agency Orange and of a larger work called Health Effects Vietnam veterans. of Exposure to Low-Level Ionizing Ra- decision was based on a National Acad- 3. While the scientific methodology that is diation, includes a table which rates emy of Sciences study that had found a the basis for adjudicating radiation exposure human cancers by the strength of the link only where Agent Orange expo- cases may be sound, the problem is that the evidence linking them to exposure to sures were ‘‘high and prolonged,’’ but exposure cannot be reliably determined for low levels of ionizing radiation. Ac- pointed out there was only a ‘‘limited’’ many individuals, and it never will be able to cording to this study, the evidence of a capability to determine individual ex- be determined in my judgment. Thus, no link for lung cancer is ‘‘very strong’’— posures. matter how good the method is, if the input the highest level of confidence—and For atomic veterans, however, lung is not valid then the determination will be suspect. the evidence of a link for colon and cancer continues to be non-presump- 4. I ask that we formally reconsider and brain and central nervous system can- tive. In short, the issue of exposure lev- change the Department’s position on S. 1385. cers is ‘‘convincing’’—the next highest els poses an almost insurmountable ob- I feel the proper and prudent position for the level of confidence. So I believe I can stacle to approval of claims by atomic Department is to support S. 1385. say with a great deal of certainty, Mr. veterans, while the same problem is ig- KENNETH W. KIZER, M.D., M.P.H. President, that science is on the side of nored for Agent orange veterans. this amendment. And I ask unanimous Persian Gulf War veterans can re- Table 8.4—Strength of evidence that cer- tain human cancers are induced following consent that a copy of the table I just ceive compensation for symptoms or exposure to low levels of ionizing radiation. mentioned be printed in the RECORD at illnesses that may be linked to their the conclusion of my remarks. service in the Persian Gulf, at least Evidence Cancer Last year, the Senate Veterans Af- until scientists reach definitive conclu- Very strong ...... Leukemia, Female breast, Thyroid, Lung. fairs Committee reported out a version sions about the etiology of their health Convincing ...... Stomach, Colon, Bladder, Ovary, Brain/CNS, Skin. of S. 1385, the Justice for Atomic Vet- Weak, inconsistent ... Liver, Salivary glands, Esophagus, Multiple problems. Unfortunately, atomic vet- myeloma, Non-Hodgkin lymphoma, Kidney. erans Act, which included three dis- erans aren’t given the same consider- Not convincing ...... CLL, Male breast, Hodgkin’s disease, Cervix, Pros- eases to be added to the VAs presump- tate, Testes, Pancreas, Small intestine, Pharynx, ation or benefit of the doubt. hypopharynx, larynx, Certain childhood cancers, tive list. Two of those diseases, lung I believe this state of affairs is out- Skeleton support tissues. cancer and brain and central nervous rageous and unjust. The struggle of Only at very high Bone, Connective tissue, Rectum, Uterus/Vagina. doses. system cancer, I have included in my atomic veterans for justice has been High-Let exposures: Liver, Leukemia, Bone, Lung. amendment. The third disease included long, hard, and frustrating. But these Thorotrast (TH– 232), Radium, in the reported bill was ovarian cancer. patriotic, dedicated and deserving vet- Radon. Mr. President, I’d like to explain why I erans have persevered. My amendment substituted colon cancer for ovarian would finally provide them the justice AMENDMENT NO. 381 cancer. It is true that the 1996 study I that they so much deserve. Mr. WELLSTONE. Mr. President, my just cited states that the evidence of a Let me say this in closing. As I have amendment, amendment 381, entitled linkage for ovarian cancer to low level worked with veterans and military per- ‘‘Provision of Information and Guid- ionizing radiation is ‘‘convincing,’’ just sonnel during my time in the Senate, I ance to the Public Regarding Environ- as it is for colon cancer. But Mr. Presi- have seen a troubling erosion of the mental Contamination at U.S. Military dent, there are no female atomic vet- Federal Government’s credibility with Installations Formerly Operated by the erans. The effect of creating a pre- current and former service members. United States that Have Been Closed,’’ sumption of service connection for No salary is high enough, no pension is a simple, straightforward amend- ovarian cancer is basically no effect— big enough to compensate our troops ment, but one which can potentially go because no one could take advantage of for the dangers they endure while de- a long way toward ensuring that the it. However, the impact of adding colon fending our country. Such heroism United States leaves a positive envi- cancer as a presumption for atomic stems from love for America’s sacred ronmental legacy behind when we veterans is significant; atomic veterans ideals of freedom and democracy and withdraw from military bases overseas. will be able to take advantage of that the belief that the nation’s gratitude is As we have withdrawn from our bases presumption. not limited by fiscal convenience but around the world, the U.S. military has The President’s Advisory Committee reflects a debt of honor. taken some steps to clean-up contami- on Human Radiation Experiments This is one of those issues which test nation at those bases before leaving. agreed in 1995 that VA’s current list our faith in our government. But the But there are still many convincing re- should be expanded. The Committee Senate can take an important step in ports that contamination has been left cited concerns that ‘‘the listing of dis- righting this injustice. I urge my col- behind. As the New York Times noted eases for which relief is automatically leagues from both sides of the aisle to last December in an editorial, ‘‘Fuels, provided—the presumptive diseases join me in helping atomic veterans win lubricants, cleaning fluids and other provided for by the 1988 law—is incom- their struggle by supporting my chemicals are leaching into ground- plete and inadequate’’ and that ‘‘the amendment. water, and unexploded shells linger on standard of proof for those without pre- EXHIBIT 1 testing grounds long after American sumptive disease is impossible to meet DEPARTMENT OF VETERANS AFFAIRS, soldiers leave.’’ This is especially true and, given the questionable condition April 21, 1998. in the Philippines, where we withdrew of the exposure records retained by the From: Under Secretary for Health (10). from Subic Bay and Clark Air Base, in government, inappropriate.’’ The Presi- Subject: Request for Reconsideration of the 1992. And it will soon apply to Panama dent’s Advisory Committee urged Con- Department’s Position on S. 1385 where will finish our withdrawal at the gress to address the concerns of atomic (Wellstone). end of 1999. To: Secretary (00). veterans and their families ‘‘prompt- 1. I request that you reconsider the Depart- I understand very well that the Pen- ly.’’ ment’s position on S. 1385 (Wellstone), which tagon has no legal obligations under The unfair treatment of atomic vet- would add a number of conditions as pre- our treaties with these countries to erans becomes especially clear when sumptive service-connected conditions for pay for a clean-up of environmental compared to both Agent Orange and atomic veterans to those already prescribed contamination. And I am not calling Persian Gulf veterans. In recom- by law. I only learned that the Department for any funding for such a clean-up. mending that the Administration sup- was opposing this measure last night on What this amendment requires the port S. 1385, Under Secretary for reading the Department’s prepared testi- Pentagon to do is simply to provide as mony for today’s hearing; I had no input into Health Kenneth Kizer cited the inde- that testimony. Indeed, my views on this bill much information as possible and to fensibility of denying presumptive have not been obtained. I would strongly cooperate in interpreting that informa- service connection for atomic veterans support this bill as a matter of equity and tion so that nations such as the Phil- in light of the presumption for Persian fairness. ippines can complete environmental S5910 CONGRESSIONAL RECORD — SENATE May 25, 1999 studies to tell them exactly what has contend with a toxic legacy left by the tled ‘‘Environmental Review of the been left behind. U.S. military. Just to highlight one of Drawdown Activities at Clark Airbase’’ So far the Pentagon has turned over the most disturbing cases, I want to (September 1991) and ‘‘Potential Res- substantial information to the Phil- discuss the situation in the Philippines toration sites on Board the U.S. Facil- ippine government, but it has done so and especially at the site of the former ity, Subic Bay.’’ (October 1992). slowly and grudgingly. We need to be Clark Air Base. The PTFBC also cited 2 reports of the more forthcoming to help the Filipinos According to a recent report in the U.S. Government Accounting Office ti- deal with this issue before the contami- Philippine Star Newspaper, a forensic tled ‘‘Military Base Closure, U.S. Fi- nation in the Subic and Clark areas expert at the Commission of Human nancial Obligations at the Philippines’’ causes further health problems. Rights (CHR) identified 29 persons who (Oct. 1992) as well as an independent re- This amendment is intended to pro- were living at volcano evacuation cen- port of the WHO on May 9, 1992. tect the legacy of the U.S. in those ters who were found to be suffering Mr. President, I recently received a countries where we maintained bases. from various ailments attributed to letter from the Philippine Study Group It does not look at the environmental mercury and nitrate elements left by of Minnesota expressing their concerns issue as a legal issue but as a moral the Americans when they abandoned about the environmental contamina- one. At a time when anti-Americanism their air base at Clark in 1991. tion left by the U.S. military at the may be growing in certain parts of the ‘‘The clinical manifestation exhib- former Clark Air Base. They reported world we need to ensure that in those ited by the patients were consistent the results of a trip to the Philippines countries that are our longtime allies, with chemical exposure,’’ the report by two young Filipina-American we do what we can to promote a posi- said. It noted that 13 children aged one women, Christina Leano and Amy To- tive image of the U.S. even after we to seven ‘‘manifested signs and symp- ledo, who have been working with the leave our bases. toms of birth defects and neurological affected populations near Clark field We will continue to have close mili- disorders,’’ adding that ‘‘four females and have been meeting with my staff in tary and political relations with coun- suffered spontaneous abortions and Minnesota and here in Washington. tries such as the Philippines and Pan- still births.’’ When these two young women re- ama and we should not let this envi- ‘‘These can be attributed to mercury turned from the Philippines, they com- ronmental issue fester and become an exposure,’’ the report said. It also re- municated the concern of the Filipino impediment to good relations. ported ‘‘central nervous system dis- people about the problems of toxic The amendment as modified applies orders, Kidney disorder and cyanosis’’ waste remaining at both Clark and only to bases already closed. Initially I among the persons at evacuation cen- Subic. The problems are of sufficient had intended to extend it to bases ter at Clark, ailments he said can be concern to municipal governments which would be closing in the future, traced to nitrates exposure.’’ near Clark that they tried to develop which would include our facilities in Earlier, the CHR forensic office staff systems to deliver alternative water Panama. However, since I understand collected water samples from the deep sources to the affected populations. that sensitive negotiations are under- wells at the evacuation center in Clark However, they do not have the nec- way on this very issue between the U.S. and the Madapdap resettlement site for essary resources. They said that the and Panama and I did not want this volcano victims in Mabalacat, concerns of the people near Clark have amendment to in any way interfere Pampanga. been front page news in the Philippines with the successful conclusion of those The samples were later brought to and Philippine Senator Loren Legarda negotiations. But I want the record to the metals lab of the Environmental will soon hold hearings in this issue. show that I believe that we should be Management Bureau (EMB) for anal- The Philippine Study Group of Min- very forthcoming in releasing informa- ysis. In a report dated April 16, the nesota wrote to me, and I quote: tion on environmental conditions at EMB found 200 milligrams of mercury These bases . . . have severe problems that our facilities in Panama as we close per liter of water and from 386 to 27 mg demand immediate attention. It is very un- them. I would like to see the Pentagon fortunate that the U.S. Department of De- of nitrate per liter of water in the fense will not admit that they left polluted avoid the long delays in providing in- Clark area. sites when they vacated the bases. Contrary formation which we have seen in the ‘‘These two chemicals, together with to statements made by Secretary of State Philippine case by following the spirit coliform for bacteria were found to be Albright, when she was in the Philippines of this amendment. Of course, if we see present in water in values exceeding last summer, the Department of Defense will a similar problem in the case of Pan- the standard set by the WHO,’’ the re- not even release important documents need- ama we may have to revisit this issue port said. ed by Philippine Development authorities. next year and propose a similar provi- The report recommended the imme- We need at a minimum to see that all sion to require the Department of De- diate removal of the residents at Clark, relevant documents are turned over to fense to make information available and the thorough diagnosis and treat- Philippine authorities. This includes publicly. ment of the patients.’’ key documents such as information on If we assist our strategic partners in Among the victims identified in the the construction of the wells and water their efforts to complete environ- report were Edmarie Rose Escoto, 5; supply system at Clark and hydrologic mental baseline studies, it is quite Kelvin, 7; Martha Rose Pabalan, 4; 8- surveys for Clark which should be re- likely that any clean-up which occurs month-old Alexander; Sara Tolentino, leased to the Clark Development Cor- down the road will be done by Amer- and Abraham Taruc, who all had de- poration (CDC). Currently, the CDC ican companies, who are the leaders in formities to their lower limbs and can- does not have drawings or data on the this field. Without the information and not walk. water system and they are trying to the necessary studies these countries Rowell Borja, 5, and Sheila Pineda, 3, improve the water delivery system are unable to identify the scope of the both had congenital heart ailments. without the data they need. The Phil- problem and begin to move toward Skin disorders were also found preva- ippine Study Group of Minnesota say some type of amelioration. Once the lent in other children, while cysts and they ‘‘are incredulous that the Defense studies are in hand they may be able to kidney disorders were observed in Department will not even release those approach international lenders, such as adults. non-military technical documents that the World Bank, for funding and subse- The People’s Task Force for Bases would be of great help to Philippine au- quently some clean-up contracts may Cleanup (PTFBC) has pointed out that thorities.’’ go to U.S. companies. ‘‘there is more than enough prelimi- This amendment would require the Mr. President, when we close our nary evidence of the toxic waste prob- Defense Department to do that. It is a bases and leave behind environmental lem at the former U.S. bases in the simple, reasonable step toward improv- contamination, the people who suffer Philippines.’’ ing the environmental situation for the from the contamination are almost al- Among the documents that have con- people of the Philippines. It is a step in ways people already living in poverty firmed the presence of toxic wastes at the direction of assuring our allies that and already struggling to maintain the former bases are pamphlets from when the U.S. closes a military base, it good health. They do not also need to the U.S. Department of Defense enti- leaves behind a legacy of friendship, May 25, 1999 CONGRESSIONAL RECORD — SENATE S5911 cooperation, and sensitivity to envi- have proposed a variety of projects to at military bases has migrated off- ronmental justice—not a toxic legacy. correct environmental hazards and base, sometimes for a distance of sev- Mr. President, we have a long history remedy situations that pose serious eral miles, entering the drinking water with the Philippines. From the turn of health and safety threats.’’ None of of surrounding communities and posing the century until 1991, except for the these projects was undertaken prior to a threat to public health. This is not period of Japanese occupation during U.S. departure from the baselands. A only possible but likely at Clark Air WWII, U.S. military forces used lands study commissioned by the WHO in Base, only one of numerous sites of in Central Luzon and around Subic Bay 1993, in order to assess potential envi- concern at both bases, and one which is in the Philippines as military bases ronmental risks at Subic Bay, identi- beyond existing Philippine capacity to which grew to be among the largest fied a number of contaminated and po- assess let alone to remediate. U.S. overseas bases in the world. The tentially contaminated sites and rec- When President Clinton visited the main purpose of Subic Bay Naval Base ommended a complete environmental Philippines in November 1994 both he was to service the U.S. Navy Seventh assessment. and President Ramos acknowledged Fleet. Forested lands were also used for Two study teams visited the sites in that the issue of base contamination training exercises. Clark Air Base 1994, under the sponsorship of the Uni- would need to be further investigated. served as a major operations and sup- tarian Universalist Service Committee, However, President Clinton stated port facility during the Korean and and not only found evidence of environ- that, ‘‘We have no reason to believe at Vietnam conflicts. mental contamination but carefully this time that there is a big problem In 1991, more than 7,000 military per- documented the lack of existing capac- that we left untended. We clearly are sonnel were stationed at Clark in addi- ity in the Philippines, whether in gov- not mandated under treaty obligations tion to dependents and civilian sup- ernment, university, or private sectors, to do more.’’ He went on to say ‘‘. . .we port. Operations carried out on the to assess and remediate this complex decided we should focus on finding the bases included, but were not limited to: problem. facts now, and when we find them, deal fuel loading, storage, distribution, and The health and safety issues are not then with the facts as they are.’’ dispensing; ship servicing, repair, and theoretical or contingent on future de- Though there may be no treaty obli- overhaul; ammunition transfer, assem- velopment of the bases. At the present gation to address this issue, there are bly, destruction, and storage; aircraft time rusting and bulging barrels of obvious moral and public health argu- servicing, cleaning, repair, and storage; hazardous materials are sitting uncov- ments which should compel the U.S. to base vehicle fleet servicing, cleaning, ered at Clark. There are reports of ex- accept responsibility for environ- repair, overhaul, and operation; power posed asbestos insulation in buildings mental assessment and remediation of generation; electricity transformation vacated by departing U.S. personnel. the former bases in the Philippines. and distribution; steam generation; For years waste materials from the There are other overseas bases in, for water treatment and distribution; sew- ship repair facility were dumped or dis- example, Canada, Germany, Italy and age collection and treatment; haz- charged directly into Subic Bay, con- Japan, where in response to host-coun- ardous waste storage and disposal; bi- taminating sediments, and now resi- try discovery and complaints of envi- tumen production; electroplating; cor- dents from surrounding communities ronmental contamination, the U.S. has rosion protection; and weed and pest eat fish and shellfish harvested from provided assessment and clean-up. control. this area. Thousands of evacuees dis- After nearly a century of occupation of These activities, for many years not placed from homes destroyed by the these Philippine baselands, the obliga- conducted in a manner protective of eruption of Mt. Pinatubo and lava tion is no less. Meanwhile, as the polit- the environment, lead to substantial flows which followed have been tempo- ical resolution of this issue unfolds, contamination of the air, soil, ground- rarily housed in tents and makeshift thousands of Filipinos, many of whom water, sediments, and coastal waters of wooden structure on Clark Air Base at are living in marginal refugee condi- the bases and their surroundings. This a site previously occupied by a tions, and drinking and bathing in was not unique to the Philippines. motorpool. They obtain drinking and water which may be contaminated with Military and industrial activities in bathing water from groundwater wells. hazardous substances resulting from the U.S. and around the world have had Just beyond the Dau gate, about 300 U.S. military activities. similar effects. Contaminants include, yards from this evacuation center, is If these circumstances were to exist but are not limited to, petroleum hy- the permanent community of Dau in the U.S. the groundwater would al- drocarbons, aromatic hydrocarbons, where many thousands of residents ready have been comprehensively test- chlorinated hydrocarbons, pesticides, routinely use groundwater for drink- ed for a broad spectrum of substances PCB’s metals, asbestos, acids, explo- ing, cooking, and bathing. Because of and the public’s health protected, while sives and munitions. Whether or not complaints of gross contamination of resulting plumes of contamination radioactive wastes are present is uncer- water from some of the wells in the were being mapped and remediation tain. evacuation area, including visible oily strategies executed. Until we can an- The Philippine Senate voted in 1991 sheen, foul taste, and gastrointestinal swer with certainty whether or not this not to renew the bases agreement be- illness, one sample was tested at the water is safe for consumption, an an- tween the two countries. In June of laboratories of the University of the swer which neither Philippine govern- that same year, Mt. Pinatubo erupted Philippines in early 1994 and found to ment, public health officials, nor acad- hastening U.S. withdrawal from Clark contain oil and grease. Limited by lab- emicians are able to provide without Air Base. U.S. forces left Subic Naval oratory capability, the analysis did not assistance, and eliminate any identi- Base in 1992, ending almost a century include the wide range of volatile and fied hazardous exposures, the U.S. may of occupation of these vast areas of semi-volatile organic compounds, fuels, be viewed as bearing responsibility for Luzon. Notwithstanding initial Depart- fuel additives, and other compounds any resulting health effects. ment of Defense protestations to the which commonly contaminate ground- AMENDMENT NO. 382 contrary, substantial amounts of haz- water in the U.S. and in other coun- Mr. WARNER. Having done that, we ardous materials and wastes were left tries where similar military and indus- will now proceed to amendment No. behind at the time of the U.S. depar- trial activities have taken place. 382, on which the Senator will address ture both on the surface and in various Many of these substances have im- the Senate pursuant to the standing environmental media. According to a portant health effects when present order, and then at a time later we will GAO report issued in 1992, even in extremely small amounts— schedule the vote. If the United States unilaterally decided to health effects which may take years to Mr. WELLSTONE. Mr. President, I clean up these bases in accordance with U.S. become apparent—including cancer, will be ready to go, if I could have just standards, the costs for environmental clean- birth and developmental abnormali- 30 seconds to also say on the floor of up and restoration could approach Superfund ties, and neurological or Senate, when I say ‘‘we,’’ I don’t mean proportions. immunological damage. Moreover, as in me. I mean the collective us. This Environmental officers at both Subic there are numerous instances in the is for both Senator LEVIN and Senator Bay Naval Facility and Clark Air Base U.S. where contaminated groundwater WARNER. You also, in a bipartisan way, S5912 CONGRESSIONAL RECORD — SENATE May 25, 1999 through your efforts, were able to put Mr. WARNER. I am prepared to ac- throughout the country—would work. an amendment into this bill that deals commodate the Senator. What about But I have my doubts. On the basis of with family violence. I thank you. I the hour of 4 today? You have 30 min- some of the evidence I present here think this is an extremely important utes. today, I believe we need to find out amendment. Mr. ALLARD. That would be fine. I with certainty what is happening to The problem was that all too often, appreciate that. I think if we set aside families, mainly women and children, when a spouse usually a woman—would 20 minutes, that would be fine. I appre- when they no longer receive welfare as- report violence, there was no real right ciate that. sistance in our country. of guarantee of confidentiality, which Mr. WARNER. We would be glad to Since August of 1996, 1.3 million fam- we needed. In other words, a woman do that and make it a part of the unan- ilies have left welfare. They are no could go to a doctor and then her re- imous consent request which we are longer receiving welfare assistance. port to a doctor could get out publicly. jointly propounding, Mr. LEVIN and That is 4.5 million recipients, and they This really will enable women who are myself. Is that agreeable? are mainly women and children. The the victims of this violence to be able Mr. LEVIN. I apologize. vast majority of these 4.5 million citi- to go to someone and receive some sup- Mr. WARNER. We just added, 4 to zens are children. On the basis of these port and help. It is extremely impor- 4:20, this colleague may speak on the numbers, too many people have deemed tant. Both of you have supported this. bill. welfare reform a success. Mr. President, I am happy to restate I think there is similar language over But to see the welfare rolls reduced it, but I think the Chair is—— in the House side. I thank the two of dramatically does not mean nec- The PRESIDING OFFICER. Is there you. This is an amendment I am really essarily that we have reduced poverty objection? proud of. I thank you. in this country. It doesn’t mean these Mr. WARNER. Once again, Mr. Presi- Without objection, it is so ordered. families have moved from welfare to dent, I am advised that the vote on No. Mr. WARNER. I thank the Chair. self-sufficiency. It doesn’t mean these 382, the amendment the Senator is The PRESIDING OFFICER. The families have moved from welfare to about to debate in the Senate under Chair recognizes the Senator from Min- economic self-sufficiency. These statis- the standing agreement, can be voted nesota. tics, the drop in the welfare caseload, as the third vote in sequence this after- Mr. WELLSTONE. Mr. President, which has been so loudly talked about noon. this amendment speaks to the prior- as evidence of success by Republicans, Mr. WELLSTONE. That is correct. ities of the Senate or lack of priorities Mr. WARNER. All right. of the Senate. Democrats, and by this Democratic ad- Mr. LEVIN addressed the Chair. We have here a bill that really talks ministration, doesn’t tell us what is The PRESIDING OFFICER. The Sen- about authorization, leading to appro- really happening. It doesn’t tell us any- ator from Michigan. priation of hundreds of billions of dol- thing about how these women and chil- Mr. WARNER. Have the yeas and lars for defense, for the Pentagon. dren are doing. It doesn’t tell us wheth- nays been ordered on that amendment? I will talk about the priorities of er or not these families are better off Mr. WELLSTONE. Mr. President, I some low-income families in our coun- now that they are no longer receiving ask for the yeas and nays. try. Their priorities are how to keep a welfare assistance, or whether they The PRESIDING OFFICER. Is there a roof over their children’s heads. Their have fallen further into poverty. It sufficient second? priorities are how to get food in their doesn’t tell us if the mothers can find There is a sufficient second. work. It doesn’t tell us if they are The yeas and nays were ordered. children’s stomachs. Their priorities are how to earn a wage that pays their making enough of an income to lift The PRESIDING OFFICER. The Sen- themselves and their children out of ator from Michigan. bills. And their priorities are how to ob- poverty. It doesn’t tell us whether Mr. LEVIN. Mr. President, I wonder these mothers have adequate access to if it would be in order, if there would tain medical assistance when they are sick or when their children are sick. affordable child care, and it doesn’t tell be any objection, to ask unanimous us whether or not these mothers and consent that no further business be Mr. President, 2 years ago we passed a welfare bill, and as we start to see these children have any health care held between now and the recess so coverage at all. that people know there is not going to more and more families slide deeper No one seems to know what has hap- be any additional—— and deeper into poverty, and as we see Mr. WARNER. Mr. President, I am around the country some of these fami- pened to these families. Yet, we keep not objecting, but I think we should lies losing their benefits, I have not trumpeting the ‘‘victory’’ of welfare re- just simply say that at 1, at which time heard so much as a whisper of concern, form. The declining caseloads tell us the 30 minutes expires, the Senate will let alone a shout of outrage, from the nothing at all about how families are stand in recess until the first vote, Senate. faring once they no longer receive as- which is scheduled for 2:15. So I rise to propose an amendment. It sistance. I am worried that they are Mr. LEVIN. But for some of us who is an amendment that I hope will re- just disappearing and this amendment planned to actually leave here at 12:30, ceive the support of every Senator, is all about a new class of citizens in I think it is important, if there is an Democrat and Republican alike. It is our country. I call them The Dis- understanding to this effect, that there simple and it is straightforward. appeared. be no further amendments offered or Current law requires the Secretary of Let me give you some examples. We any other business carried on between Health and Human Services to provide are hearing a lot about the plunge in now and the time that we recess for the an annual report to Congress. My food stamp participation. Over the last luncheons. Is that agreeable? amendment requires the Secretary to 4 years, the number of people using Mr. WARNER. Mr. President, I have include information about families who food stamps dropped by almost one- no agreement, but let’s make it very have moved off the welfare rolls. What third—from 28 million to 19 million clear that we will now begin to address kind of jobs do they have? What is people. Some people want to interpret amendment No. 382. As soon as that de- their employment status? What kind of this as evidence of diminished need. bate is concluded, the Senate will wages are they making? Is it a living But just like the decline in the welfare stand in recess until the hour of 2:15, wage? What is the child care situation rolls, there are important questions when the first vote is to take place, with their children? Have they been left unanswered. I hope this drop in and there would be no intervening busi- dropped from medical assistance? Do food stamp assistance means that ness transacted. they have any health insurance cov- fewer people are going hungry, but I Mr. ALLARD. Mr. President, just to erage at all? have my doubts. If people are no longer clarify, I don’t have any objection to Mr. President, like my colleagues, I needy, then how can we account for the that unanimous consent request, but I had hoped that the welfare reform fact that 78 percent of the cities sur- want to make some general remarks in bill—though I voted against it because veyed by the U.S. Conference of Mayors regard to the total bill. I just wanted I had real reservations about how it for its ‘‘Report on Hunger’’ reported in- to try—— would really take shape and form creases in requests for emergency food May 25, 1999 CONGRESSIONAL RECORD — SENATE S5913 in 1998? This January, a survey con- has not been matched by a similar de- Let me just translate this into per- ducted by Catholic Charities U.S.A. re- cline in poverty indicators. Moreover, sonal terms. ported that 73 percent of the diocese since 1995, colleagues, what we have Here is the story of one family that had an increase by as much as 145 per- seen is an increase among the severest one of the sisters in the NETWORK cent in requests for emergency food as- and harshest poverty. This is when in- study worked with: sistance from the year before. come is less than one-half of what the Martha and her seven-year-old child, How can we account for such findings official definition of poverty is. We David, live in Chicago. She recently began without questioning whether or not the have found an increase of 400,000 chil- working, but her 37-hour a week job pays dren living among the ranks of the only $6.00 an hour. In order to work, Martha reformers’ claim of success are pre- must have childcare for David. mature? poorest of poor families in America. Could this have something to do with That is the name of my oldest son, What is going on here? What is hap- David. pening to these women and children? these families being cut off welfare as- Since he goes to school, she found a sitter Should we not know? The esteemed sistance? We ought to at least know. I have already mentioned the NET- who would receive him at 7 a.m. and take Gunnar Myrdal said, ‘‘Ignorance is him to school. This sitter provided after never random.’’ Sometimes we don’t WORK report. What this group did was school care as well. When Sister Joan sat know what we don’t want to know. collect data on people who visited down with Martha to talk about her fi- This amendment says we ought to do Catholic social services facilities in 10 nances, they discovered that her salary does an honest evaluation and have the Sec- States with large numbers of people el- not even cover the sitter’s costs. retary of Health and Human Services igible for aid, and I will summarize By the way, as long as we are talking provide a report to us as to exactly these very dramatic findings. about afterschool care, let me just what is happening with these women Nearly half of the respondents report mention to you that I remember a and children. that their health is only fair or poor; 43 poignant conversation I had in East A story Friday from the New York percent eat fewer meals or less food per L.A. I was at a Head Start center, and Times suggests one explanation. One meal because of the cost; they can’t af- I was talking to a mother. She was welfare recipient was told incorrectly ford it. And 52 percent of soup kitchen telling me that she was working. She that she could not get food stamps patrons are unable to provide sufficient didn’t make much by way of wages, but food for their children, and even the without welfare. Though she is scrap- she was off welfare, and she wanted to working poor are suffering as 41 per- ing by, raising a family of five children work. As we were talking and she was cent of those with jobs experience hun- and sometimes goes hungry, she has talking about working, all of a sudden ger. The people who are working work not applied for food stamps. ‘‘They re- she started to cry. I was puzzled. I felt almost 52 weeks a year, 40 hours a ferred me to the food pantry,’’ she said. like maybe I had said something that week, and they are still so poor that ‘‘They don’t tell you what you really had upset her. I said: Can I ask you they can’t afford to buy the food for need to know; they tell you what they why you are crying? their children. I am presenting this evi- She said: I am crying because one of want you to know.’’ dence today because I want us to have the things that has happened is that The truth of the matter is that there the evidence. my first grader—I used to, when I was is an information vacuum at the na- In another study, seven local agen- at home, take her to school, and I also tional level with regard to welfare re- cies and community welfare moni- could pick her up after school. form. What has happened to the moth- toring coalitions in six States com- She lived in a housing project. It is a ers and children who no longer receive pared people currently receiving wel- pretty dangerous neighborhood. any assistance? In a moment, I am fare to those who stopped getting wel- She said: Now, every day when my going to talk about some findings from fare in the last few months. daughter, my first grader, finishes up NETWORK, a national Catholic social The data show that people who in school, I am terrified. I don’t know justice organization—findings that stopped getting welfare were less likely what is going to happen to her. There should disturb each and every Senator. to get food stamps, less likely to get is no care for her, and she goes home, At the outset, let me read a brief ex- Medicaid, more likely to go without and I tell her to lock the door and take cerpt from the report that outlines the food for a day or more, more likely to no phone calls. problem: move because they couldn’t pay rent, Colleagues, this amendment asks us Even though government officials are more likely to have a child who lived to do a study of what is going on with quick to point out that national welfare away or was in foster care, more likely these children. How many children caseloads are at their lowest point in 30 to have difficulty paying for and get- don’t play outside even when the years, they are unable to tell us for the most ting child care, more likely to say ‘‘my weather is nice because there is nobody part what is happening to people after they life is worse’’ compared to 6 months there to take care of them? leave the welfare rolls—and what is hap- Let me talk about an even scarier pening to people living in poverty who never ago. received assistance in the first place. Is that what we intended with this situation— families that neither re- ceive government assistance nor have a I am especially concerned because welfare reform bill? The National Conference of State parent with a job. We don’t know for the evidence we do have suggests that Legislatures did its own assessment of certain how large this population is, the goals of welfare reform are not 14 studies with good information about but in the NETWORK study 79 percent being achieved. People are continuing families leaving welfare. It found that: of the people were unemployed and not to suffer and continuing to struggle to Most of the jobs [that former recipients receiving welfare benefits. Of course meet their basic needs, and I am talk- get] pay between $5.50 and $7 an hour, higher this study was focused on the hardest ing primarily about women and chil- than minimum wage but not enough to raise hit. dren. I challenge the Senate today with a family out of poverty. So far, few families Let me just say that in some of the this amendment. At the very min- who leave welfare have been able to escape earlier State studies, what we are see- imum, we should call on the Secretary poverty. ing is that as many as 50 percent of the of Health and Human Services to give Just this month, Families USA re- families who lost welfare benefits do us a report on the status of those leased a very troubling study. It finds not have jobs. women and those children who no that: Can I repeat that? longer receive any welfare assistance. Over two-thirds of a million low-income Close to 50 percent perhaps—that is Should we not at least know what is people—approximately 675,000—lost Medicaid what we want to study—of the families happening to these families? coverage and became uninsured as of 1997 due who have been cut off welfare assist- I have already mentioned the dra- to welfare reform. The majority (62 percent) ance do not have jobs, much less the matic decline in welfare caseloads. We of those who became uninsured due to wel- number of families where the parents— must recognize that it is naive to as- fare reform were children, and most of those children were, in all likelihood, still eligible usually a woman—has a job, but it is $6 sume that all of the 1.3 million of these for coverage under Medicaid. Moreover, the an hour and she can’t afford child care families have found jobs and are mov- number of people who lose health coverage and her children don’t have the nec- ing toward a life of economic self-suffi- due to welfare reform is certain to grow essary child care. Now her medical as- ciency. After all, the caseload decline rather substantially in the years ahead. sistance is gone and she is worse off S5914 CONGRESSIONAL RECORD — SENATE May 25, 1999 and her children are worse off. They We are talking about sanctions. study, if you look at the Children’s De- are plunged into deeper poverty than After holding fairly steady from 1990 fense Fund study, and if you just travel before we passed this bill. to 1993, the number of meals distrib- —I am likely to do quite a bit of travel Don’t we want to know what is hap- uted to Arizona statewide, Food Char- in the country over the next couple of pening in the country? ity Networks, has since risen to 30 per- years to really take a look at what is How are these families surviving? I cent, and a 1997 study found that 41 happening—but if you just travel and am deeply concerned and worried about percent of Networks’ families had at talk to people, you have reason to be them. They are no longer receiving as- least one person with a job. concerned. Right now we do not know sistance. And they don’t have jobs. Quite often what happens is the peo- and we cannot remain deliberately ig- They are literally falling between the ple who are off the rolls aren’t off the norant. We cannot do that. cracks and they are disappearing. I rolls because they found a job, but be- Policy evaluation is important. So I want us to focus on the disappeared cause they have been sanctioned. The challenge each and every Senator to Americans. question is, Why have they been sanc- please support this amendment which What do we do about this? I want to tioned? The question is, What happened calls for nothing more than this, that have bipartisan support. to them? What has happened to their every year when we get a report from I was a political science teacher be- children? the Secretary of Health and Human fore becoming a Senator. In public pol- California: Tens of thousands of wel- Services we get a report on what has icy classes, I used to talk about evalua- fare beneficiaries in California and Illi- happened to these women and chil- tion all the time. That is one of the nois are dropped each month as punish- dren—that is mainly the population we key ingredients of good public policy. ment. In total, half of those leaving are talking about—who no longer re- That is what I am saying today. We welfare in these States are doing so be- ceive welfare assistance. Where are want to have some really good, thor- cause they did not follow the rules. they? What kind of jobs do they have? ough evaluation. We have some States This was from an AP 50-State survey. Are they living-wage jobs? Is there de- that are doing some studies. But the It was also cited in the Salvation Army cent child care for the children? Do problem is there are different meth- Fourth Interim Report. they have health care coverage? That odologies and different studies that are In an L.A. family shelter, 12 percent is what we want to know. I remember in the conference com- not comprehensive. of homeless families said they had ex- Before we passed this bill, when we perienced benefit reductions or cuts mittee last year, and I will not use were giving States waivers—Minnesota that led directly to their homelessness. names because no one is here to debate was one example—43 of 50 States have One of the questions, colleagues, is me, I remember in a conference com- mittee meeting last year we got into a been granted waivers. They were all re- this rise of homelessness and this rise debate. I wanted mothers to at least quired to hire an outside contractor to of the use of food pantry shelves. Does have 2 years of higher education and evaluate the impact of the program. it have something to do with the fact have that not counted against them. I After this legislation passed, we that many of these women have found was pushing that amendment. I re- didn’t require this any longer of jobs but they don’t pay a living wage, member, it was quite dramatic. In this States. Now we are only getting very or they haven’t found work but the committee, there were any number of fragmentary evidence. As a result, we families have been cut off assistance? different Representatives from the do not really know what is happening Florida: More than 15,000 families left House, and some Senators, who said: to these women. We don’t know what is welfare during a typical month last You are trying to reopen the whole happening to these children. The year. About 3,600 reported finding welfare reform debate and you are try- money that we have earmarked is work, but nearly 4,200 left because they ing to change welfare policy. This has Labor-HHS appropriations, for Health were punished. The State does not been hallmark legislation, the most and Human Services—$15 million to know what happened to almost 7,500 important legislation we passed since others. provide some money for some careful Franklin Delano Roosevelt’s legisla- Iowa: 47 percent of those who left evaluation. That is what we need, pol- tion. icy evaluation. But the money has been welfare did so because they did not I said to them: Let me ask you a rescinded. comply with requirements such as question. Can any of you give me any What I am saying—I am skipping going to job interviews or providing pa- data from your States? I know the rolls over some of the data—is at the very perwork. have been cut substantially. least, what we want to do is to make Kentucky: 58 percent of the people I hear my own President, President sure that we do some decent tracking who leave welfare are removed for not Clinton, talking about this. But, Presi- and that we know in fact what is really following the rules. dent Clinton, you have not provided going on here. Minnesota: In Minnesota, case man- one bit of evidence that reducing the Let me just give you some examples agers found that penalized families welfare rolls has led to reduction of that I think would be important just to were twice as likely to have serious poverty. The real question is not consider as I go along. Let me read mental health problems, three times as whether or not people are off the rolls; from some work that has been done by likely to have low intellectual ability, the real question is, Are they better the Children’s Defense Fund. and five times more likely to have fam- off? I thought the point of welfare re- Alabama: Applying for cash assist- ily violence problems compared with form was to move families, mainly ance has become difficult in many other recipients. women and children, from welfare to places. In one Alabama county, a pro- Mississippi Delta region: Workfare economic self-sufficiency, from welfare fessor found workers gave public assist- recipients gather at 4 a.m. to travel by to a better life. I thought all Senators ance applications to only 6 out of 27 bus for 2 hours to their assigned work- think it is important that people work, undergraduate students who requested places, work their full days, and then but if they work, they ought not to be them despite State policy that says return another 2 hours home each poor in America. anyone who asks for an application night. They are having trouble finding We can no longer turn our gaze away should get one. child care during these nontraditional from at least being willing to do an In other words, I know what was hours and for such extended days. honest evaluation of what is hap- going on. This professor was saying to I could give other reports of other pening. This amendment calls for that. students, go out there as welfare moth- States. Let me just say to every single I cannot see how any Senator will vote ers and apply and see what happens. Senator here, Democrat and Repub- against this. I tried to bring this They did. What they found out is that lican alike, you may have a different amendment to the juvenile justice bill. very few of them were even given appli- sense of what is going on with the wel- It would have been a good thing to do, cations. fare bill. That is fine. But what I am because, frankly, there is a very strong Arizona: 60 percent of former recipi- saying here is if you look at the NET- correlation between poverty and kids ents were taken off welfare because WORK study, if you look at the Con- getting into trouble and which kids get they did not appear for a welfare inter- ference of Mayors study, if you look at incarcerated. I think this piece of leg- view. the Conference of State Legislatures islation is creating a whole new class May 25, 1999 CONGRESSIONAL RECORD — SENATE S5915 of people disappeared Americans. Many going to speak on the floor of the Sen- The PRESIDING OFFICER. The Sen- of them are children. That is my own ate about this. I am going to do some ator from Delaware. view. traveling in the country. I am going to Mr. ROTH. Mr. President, for 58 But as that bill went along, I agreed try to focus on what I consider to be years, two distinguished commanders, I would not do it if I could introduce really some very harsh conditions and Admiral Kimmel and General Short, this amendment to the next piece of some very harsh things that are hap- have been unjustly scapegoated for the legislation, which is the DOD legisla- pening to too many women and to too Japanese attack on Pearl Harbor. Nu- tion right now. I hope there will be an many children. merous studies have made it unambig- up-or-down vote. I hope there will be I also speak with some indignation. I uously clear that Short and Kimmel strong support for it. can do this in a bipartisan way. I want were denied vital intelligence that was If colleagues want to vote against us to have this evaluation. I say to the available in Washington. Investiga- it—I do not know how you can. We White House, to the administration—I tions by military boards found Kimmel ought to be willing to do an honest ask unanimous consent I have 1 more and Short had properly disposed their evaluation. I tell my colleagues, if you minute. I actually started at 12:30, so I forces in light of the intelligence and travel the country, you are going to do not know how I could be out of resources they had available. see some pretty harsh circumstances. time. I had a half hour. Investigations found the failure of You are going to see some real harsh The PRESIDING OFFICER. The offi- their superiors to properly manage in- circumstances. I do not remember ex- cial clock up here shows time expired, telligence and to fulfill command re- actly, and I need to say it this way be- but without objection, 1 minute. sponsibilities contributed signifi- cause if I am wrong I will have to cor- Mr. WELLSTONE. I thank the Chair. cantly, if not predominantly, to the rect the record, but I think in some I don’t want to get into a big argument disaster. Yet, they alone remain sin- States like Wisconsin that have been with the Chair. I can do it in 1 minute. gled out for responsibility. This amend- touted as great welfare reform States, I think I have heard the administra- ment calls upon the President to cor- and I talked to my colleague, Senator tion, Democratic administration, I rect this injustice by advancing them FEINGOLD, about this, and there is low have heard the President and Vice on the retired list, as was done for all unemployment so it should work well— President talk about how we have dra- their peers. I think, roughly speaking, two-thirds matically reduced the welfare rolls This initiative has received support of the mothers and children now have with huge success. Has the dramatic from veterans, including Bob Dole, less income than they did before the reduction in the welfare rolls led to a countless military leaders, including welfare bill was passed. That is not dramatic reduction in poverty? Are Admirals Moorer, Crowe, Halloway, success. That is not success. these women and children more eco- Zumwalt, and Trost, as well as the Do you all know that in every single nomically self-sufficient? Are they bet- VFW. State all across the country—and it de- ter off or are they worse off? That is The PRESIDING OFFICER. The Sen- pends upon which year, it is up to the what I want to know. I say that to ator from Virginia. State—there is a drop-dead date cer- Democrats. I say that to Republicans. Mr. WARNER. Mr. President, on be- tain where families are going to be We ought to have the courage to call half of the managers of this bill, we eliminated from all assistance? upon the Secretary of Health and vigorously oppose this amendment. Shouldn’t we know, before we do that, Human Services to provide us with this Right here on this desk is perhaps the before we just toss people over the data. As policymakers, we need this in- most dramatic reason not to grant the cliff—shouldn’t we know what is going formation. request. This represents a hearing held on? Shouldn’t we have some under- Please, Senators, support this by a joint committee of the Senate and standing of whether or not these moth- amendment. House of the Congress of the United ers are able to find jobs? Shouldn’t we I yield the floor. States in 1946. They had before them know what is going on with their chil- PRIVILEGE OF THE FLOOR live witnesses, all of the documents, dren? Shouldn’t we know whether Mr. BURNS. Mr. President, I ask and it is clear from this and their find- there are problems with substance unanimous consent that Daniel J. ings that these two officers were then abuse or violence in the homes? Stewart, a fellow in my office, be and remain today accused of serious er- Shouldn’t we make sure we do that be- granted the privilege of the floor dur- rors in judgment which contributed to fore we eliminate all assistance and ing the debate on the defense author- perhaps the greatest disaster in this create a new class of the disappeared, ization bill. century against the people of the of the poorest of the poor—of the poor The PRESIDING OFFICER. Without United States of America. who are mainly children? There are absolutely no new facts be- I have brought this amendment to objection, it is so ordered. f yond those deduced in this record the floor before, but this time around I brought out by my distinguished good do not want a voice vote. I want a re- RECESS friend, the senior Senator from Dela- corded vote. If Senators are going to The PRESIDING OFFICER. Under ware. For that reason, we oppose it. vote against this, I want that on the The PRESIDING OFFICER. All time record. If they are going to vote for it, the previous order, the Senate will stand in recess until the hour of 2:15, at has expired. The question is on agree- I will thank each and every one of ing to amendment No. 388. The yeas them. Then, if there is an effort to drop which time there will be three stacked votes. and nays have been ordered. The clerk this in conference committee because will call the roll. it is on the DOD bill, do you know Thereupon, at 1 p.m., the Senate re- cessed until 2:15 p.m.; whereupon, the The assistant legislative clerk called what. Here is what I say: At least the the roll. Senate has gone on the record saying Senate reassembled when called to order by the Presiding Officer (Mr. Mr. NICKLES. I announce that the we are going to be intellectually hon- Senator from Arizona (Mr. MCCAIN) is est and have an honest policy evalua- INHOFE). f necessarily absent. tion. That is all I want. That is all I The PRESIDING OFFICER. Are there want to see happen. If it gets dropped, NATIONAL DEFENSE AUTHORIZA- any other Senators in the Chamber de- I will be back with the amendment TION ACT FOR FISCAL YEAR 2000 siring to vote? again, and again, and again and again— The Senate continued with the con- The result was announced—yeas 52, until we have this study. Until we are nays 47, as follows: honest about being willing—I am sideration of the bill. [Rollcall Vote No. 142 Leg.] sorry—until we are willing to be honest AMENDMENT NO. 388 about what is now happening in the The PRESIDING OFFICER. Under YEAS—52 country and at least collect the data so the previous order, there are 2 minutes Abraham Biden Campbell Akaka Bingaman Cleland we can then know. equally divided on the Roth amend- Baucus Boxer Cochran I feel very strongly about this, col- ment. Who yields time? Bayh Breaux Collins leagues, very strongly about this. I am Mr. ROTH addressed the Chair. Bennett Bunning Daschle S5916 CONGRESSIONAL RECORD — SENATE May 25, 1999 DeWine Johnson Roth not go beyond the foundations and ob- tries in NATO that perhaps they should Domenici Kennedy Sarbanes Durbin Kerry Schumer jectives sought in the 1949 Washington resubmit the Strategic Concepts to Edwards Kyl Shelby Treaty. their legislative bodies as in the nature Enzi Landrieu Smith (NH) Mr. LEVIN addressed the Chair. of a treaty so that the entire NATO Feinstein Lautenberg Thomas The PRESIDING OFFICER. The Sen- agreement on Strategic Concepts Grassley Leahy Thurmond Hagel Lincoln Torricelli ator from Michigan. would be subject to 19 separate votes of Harkin Lott Voinovich Mr. LEVIN. Mr. President, I support our parliamentary bodies. I don’t think Hatch McConnell Wellstone this amendment. It says that the Presi- that would be a good idea given the Helms Mikulski Wyden dent should say to us whether or not Hollings Murkowski fact that, as Senator LEVIN already Inouye Rockefeller the new Strategic Concept imposes new noted, the President has already said commitments or obligations upon us. NAYS—47 the Strategic Concepts do not go be- It does not find that there are such new yond what the Senate voted for 90 to 9. Allard Frist Moynihan obligations or commitments. The Ashcroft Gorton Murray This an unnecessary amendment. I Bond Graham Nickles President has already written to us in suggest my colleagues vote no. Brownback Gramm Reed a letter to Senator WARNER that the Mr. BIDEN. Mr. President, the Stra- Bryan Grams Reid Strategic Concept will not contain new Burns Gregg Robb tegic Concept does not rise to the level Byrd Hutchinson Roberts commitments or obligations. of a treaty amendment, and the Sen- Chafee Hutchison Santorum In 1991, the new Strategic Concept, ator from Michigan has pointed that Conrad Inhofe Sessions which came with much new language out. Therefore, it is a benign amend- Coverdell Jeffords Smith (OR) and many new missions, was not sub- Craig Kerrey Snowe ment, we are told, and in all prob- Crapo Kohl Specter mitted to the Senate. Indeed, much of ability it is. But it is unnecessary. It Dodd Levin Stevens the language is very similar in 1991 as Dorgan Lieberman Thompson does mischief. It sends the wrong mes- in 1999. sage. It is a bad idea, notwithstanding Feingold Lugar Warner In my judgment, there are no new Fitzgerald Mack the fact that it has been cleaned up to commitments or obligations imposed the point that it is clear it does not NOT VOTING—1 by the 1999 Strategic Concept. The McCain rise to the level of a treaty requiring a President could very readily certify treaty vote on the Strategic Concept. The amendment (No. 388) was agreed what is required that he certify by this But I agree with the Senator from to. amendment, and I support it. Mr. ROTH. Mr. President, I move to Mr. WARNER. Mr. President, I ask Arizona. He painstakingly on this floor reconsider the vote. unanimous consent that this vote be laid out in the Kyl amendment during Mr. WARNER. I move to lay that mo- limited to 10 minutes and the next vote the expansion of NATO debate exactly tion on the table. following it to 10 minutes. what we asked the President to con- The motion to lay on the table was The PRESIDING OFFICER. Without sider in the Strategic Concept that was agreed to. objection, it is so ordered. being negotiated with our allies. They did that. We voted 90 to 9. AMENDMENT NO. 377 All time has expired. Mr. WARNER. Is the Senator from Mr. KYL. Mr. President, I believe This is a bad idea. Virginia correct that the next vote will that under the order 1 minute was re- The PRESIDING OFFICER. The be on the amendment by the Senator served for anybody in opposition, is question is on agreeing to the amend- from Kansas? that correct? ment. On this question, the yeas and The PRESIDING OFFICER. Yes, The PRESIDING OFFICER. Two nays have been ordered and the clerk amendment No. 377 by the Senator minutes equally divided. will call the roll. from Kansas. Mr. KYL. I don’t think the Senator The legislative clerk proceeded to Mr. WARNER. And the Senator from from Michigan spoke in opposition to call the roll. Kansas and I understand, also, that our the amendment, as I understand it. Mr. NICKLES. I announce that the colleague, the ranking member of the Therefore, would it not be in order for Senator from Arizona (Mr. MCCAIN) is committee, likewise supports the someone in opposition to take a necessarily absent. amendment. minute? The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. There The PRESIDING OFFICER. Yes. The CRAPO). Are there any other Senators are 2 minutes of debate. Senator from Arizona is recognized for in the Chamber who desire to vote? Mr. WARNER. Mr. President, noting 1 minute. The result was announced—yeas 87, the presence of the Senator from Kan- Mr. KYL. Might I inquire of the Sen- nays 12, as follows: sas, the amendment by the Senator ator from Delaware—I am prepared to from Kansas raises a very good point; speak for 30 seconds or a minute. [Rollcall Vote No. 143 Leg.] that is, at the 50th anniversary of the Mr. BIDEN. If he can reserve 20 sec- YEAS—87 NATO summit, those in attendance, onds for me, I would appreciate it. Abraham Edwards Lincoln the 19 nations, the heads of state and Mr. KYL. I will take 30 seconds. Akaka Enzi Lott government, adopted a new Strategic Mr. WARNER. Mr. President, I ask Allard Feingold Lugar Ashcroft Feinstein Mack Concept. unanimous consent that both Senators Baucus Fitzgerald McConnell The purpose of this amendment is to be given 30 seconds. Bayh Frist Mikulski ensure that that Concept does not go The PRESIDING OFFICER. Without Bennett Gorton Murkowski objection, it is so ordered. Bingaman Graham Murray beyond the confines of the 1949 Wash- Bond Gramm Nickles ington Treaty and such actions that Mr. KYL. Mr. President, I say to my Breaux Grams Reed took place in 1991 when a new Strategic colleagues that, as Senator LEVIN just Brownback Grassley Reid Concept was drawn. pointed out, this is a totally unneces- Bryan Gregg Roberts Bunning Harkin Rockefeller A number of us are concerned, if we sary amendment, because the adminis- Burns Hatch Santorum read through the language, that it tration has already expressed a view Byrd Helms Sarbanes opens up new vistas for NATO. If that that it has not gone beyond the Con- Campbell Hollings Schumer be the case, then the Senate should cepts this Senate voted for 90 to 9 when Chafee Hutchinson Sessions Cleland Hutchison Shelby have that treaty before it for consider- the new states were added to NATO. Cochran Inhofe Smith (NH) ation. This is a sense of the Senate, but Those are the Strategic Concepts. Collins Jeffords Snowe despite that technicality, it is a very One might argue whether or not they Conrad Johnson Stevens Coverdell Kennedy Thomas important amendment; it is one to are being applied correctly in the case Craig Kerrey Thompson which the President will respond. of the war in Kosovo. That is another Crapo Kerry Thurmond I understand from my distinguished debate. But in terms of the Strategic Daschle Kohl Torricelli colleague and ranking member, in all Concepts themselves, this body voted DeWine Landrieu Voinovich Dodd Leahy Warner probability, we will receive the assur- on them, and I would hate for this body Domenici Levin Wellstone ance from the President that it does now to suggest to the other 18 coun- Dorgan Lieberman Wyden May 25, 1999 CONGRESSIONAL RECORD — SENATE S5917 NAYS—12 According to a study by the Children’s A Massachusetts study found that Biden Inouye Robb Defense Fund and the National Coali- most people leaving welfare are not Boxer Kyl Roth tion on the Homeless, most former wel- getting Food Stamp benefits, even Durbin Lautenberg Smith (OR) fare recipients earn below poverty though many are still eligible. Three Hagel Moynihan Specter wages after leaving the welfare system. months after leaving welfare, only 18 NOT VOTING—1 Their financial hardship is compounded percent were receiving Food Stamps. McCain by the fact that many former welfare After one year, the percentage drops to The amendment (No. 377), as modi- recipients do not receive the essential 6.5 percent. It is clear that too many fied, was agreed to. services that would enable them to eligible families are not getting the as- The PRESIDING OFFICER. The Sen- hold jobs and care for their children. sistance they need and are entitled to. ator from Virginia. The cost of child care can be a crushing Every state should be required to col- AMENDMENT NO. 382 expense to low-income families, con- lect this kind of data. We need better Mr. WARNER. Mr. President, the suming over one-quarter of their in- information about how low-income next amendment is in the jurisdiction come. Yet, the Department of Health families are faring after they leave of the Finance Committee. Therefore, I and Human Services estimates that welfare. Adequate data will enable the only one in ten eligible low-income states to build on their successes and have consulted with Chairman ROTH. address their weaknesses. Ultimately, Does Senator ROTH have any com- families gets the child care assistance ments on this? they need. the long-term success of welfare reform Mr. ROTH. No comments. Health insurance trends are also will be measured state by state, person Mr. WARNER. We yield back such troubling. As of 1997, 675,000 low-in- by person with this data. I urge my colleagues to support this time as we may have. come people had lost Medicaid cov- The PRESIDING OFFICER. There erage due to welfare reform. Children amendment. Ignorance is not bliss. We are 2 minutes equally divided on the comprise 62 percent of this figure, and can’t afford to ignore the need that many of them were still eligible for may exist. amendment. The PRESIDING OFFICER. The Sen- The Senator from Minnesota is rec- Medicaid. We need to improve outreach to get more eligible children enrolled ator’s time has expired. ognized. Is there any Senator who wishes to Mr. WELLSTONE. I thank the Chair. in Medicaid. We also need to increase enrollment in the State Children’s speak in opposition? I have been trying to get this amend- Mr. WARNER. Mr. President, we ment on the floor. This is simple and Health Insurance Program, which of- fers states incentives to expand health yield back our time. straightforward. This requires the De- The PRESIDING OFFICER. The partment of Health and Human Serv- coverage for children with family in- come up to 200 percent of poverty. it is question is on agreeing to amendment ices to provide us with a report on the No. 382. The yeas and nays have been status of women and children who are estimated that 4 million uninsured children are eligible for this assistance. ordered. The clerk will call the roll. no longer on welfare. There are 4.5 mil- In addition to problems related to The assistant legislative clerk called lion fewer recipients. We want to know child care and health care, many low- the roll. what kinds of jobs, at what wages, do income families are not receiving Food Mr. NICKLES. I announce that the people have health care coverage. This Stamp assistance. Over the last 4 Senator from Arizona (Mr. MCCAIN) is is based on disturbing reports by Fam- years, participation in the Food Stamp necessarily absent. The PRESIDING OFFICER. Are there ily U.S.A., Catholic Organization Net- Program has dropped by one-third, any other Senators in the Chamber de- work, Children’s Defense Fund, Con- from serving nearly 28 million partici- siring to vote? ference of Mayors and, in addition, Na- pants to serving fewer than 19 million. The result was announced—yeas 49, tional Conference of State Legisla- But this does not mean children and nays 50, as follows: tures. families are no longer hungry. Hunger [Rollcall Vote No. 144 Leg.] Good public policy is good evalua- and undernutrition continue to be ur- tion, and we ought to know what is gent problems. According to a Depart- YEAS—49 going on in the country right now on ment of Agriculture study, 1 in 8 Amer- Akaka Edwards Lincoln Baucus Feingold Mikulski this terribly important question that icans—or more than 34 million people— dramatically affects the lives of women Bayh Feinstein Moynihan are at risk of hunger. Biden Graham Murray and children, albeit low-income women The need for food assistance is under- Bingaman Harkin Reed and children. I hope to get a strong bi- scored by he phenomenon of increasing Boxer Hollings Reid partisan vote. It will be a good mes- Breaux Inouye Robb reliance on food banks and emergency Bryan Johnson Rockefeller sage. food services. Many food banks are now Byrd Kennedy Sarbanes Mr. KENNEDY. Mr. President, I overwhelmed by the growing number of Campbell Kerrey Schumer strongly support Senator WELLSTONE’s requests they receive for assistance. Chafee Kerry Snowe amendment to require states to collect Cleland Kohl Specter The Western Massachusetts Food Bank Conrad Landrieu Torricelli data on the employment, jobs, earn- reports a dramatic increase in demand Daschle Lautenberg Wellstone ings, health insurance, and child care for emergency food services. In 1997, it Dodd Leahy Wyden arrangements of former welfare recipi- Dorgan Levin assisted 75,000 people. In 1998, the num- Durbin Lieberman ents. ber they served rose to 85,000. Massa- This information is essential. The chusetts is not alone. According to a NAYS—50 most important indicator of welfare re- recent U.S. Conference of Mayors re- Abraham Frist McConnell form’s success is not just declining wel- Allard Gorton Murkowski port, 78 percent of the 30 cities sur- Ashcroft Gramm Nickles fare caseloads. It is the well-being of veyed reported an increase in requests Bennett Grams Roberts these low-income parents and their for emergency food in 1998. Sixty-one Bond Grassley Roth children after they leave the welfare percent of the people seeking this as- Brownback Gregg Santorum system. We do not know enough about Bunning Hagel Sessions sistance were children or their parents; Burns Hatch Shelby how they have fared, and states should 31 percent were employed. Cochran Helms Smith (NH) be required to collect this information. These statistics clearly demonstrate Collins Hutchinson Smith (OR) Millions of families have left the wel- that hunger is a major problem. Yet Coverdell Hutchison Stevens Craig Inhofe Thomas fare rolls, and we need to know how fewer families are now receiving Food Crapo Jeffords Thompson they are doing now. We need informa- Stamps. One of the unintended con- DeWine Kyl Thurmond tion on their earnings, their health sequences of welfare reform is that Domenici Lott Voinovich care, and other vital data. The obvious Enzi Lugar Warner low-income, working families are drop- Fitzgerald Mack question is whether former welfare re- ping off the Food Stamps rolls. Often, cipients are doing well, or barely sur- these families are going hungry or NOT VOTING—1 viving, worse off than before. turning to food banks because they McCain The data we do have about former don’t have adequate information about The amendment (No. 382) was re- welfare recipients is not encouraging. Food Stamp eligibility. jected. S5918 CONGRESSIONAL RECORD — SENATE May 25, 1999 Mr. WARNER. I move to reconsider of Texas be recognized to make a mo- that chain of the erosion of congres- the vote. tion to strike and there be 2 hours sional authority. In January of 1991, Mr. GRAMM. I move to lay that mo- equally divided in the usual form prior the Senate and the House of Represent- tion on the table. to a motion to table and no amend- atives took up the issue on the use of The motion to table was agreed to. ments be in order to that language pro- force. After a spirited debate on this Several Senators addressed the posed to be stricken prior to that vote. floor, characterized by the media as Chair. Mr. LEVIN. Mr. President, reserving historic, in a 52–47 vote, the Senate au- The PRESIDING OFFICER. The Sen- the right to object, the only question I thorized the use of force. Similarly, the ator from Minnesota. have is that on the second half here, House of Representatives authorized Mr. WELLSTONE. Thank you, Mr. which is the one that is before us, I the use of force so that we had the ap- President. suggest that it read ‘‘prior to a motion propriate congressional declaration on I have a colleague who is ready to go, to table or a motion on adoption’’ so that important matter. Senator SPECTER, so I will not take that there is an option as to whether We have seen the erosion of congres- much time. But I just want to make it there is a motion to table or a vote on sional authority on many, many in- clear to colleagues that on this vote I the amendment itself. stances. I shall comment this after- agreed to a time limit. I brought this Mr. WARNER. Mr. President, we find noon on only a few. amendment out to the floor. There no objection to that. I so amend the re- We have seen the missile strikes at could have been debate on the other quest. Iraq really being acts of war. In Feb- side. Somebody could have come out The PRESIDING OFFICER. Is there ruary of 1998, I argued on the floor of here and debated me openly in public objection to the request as amended? the Senate that there ought not to be about this amendment. Without objection, it is so ordered. missile strikes without authorization I am talking about exactly what is Mr. WARNER. Mr. President, I see by the Congress of the United States. happening with this welfare bill. I am the Senator from Pennsylvania, and I There may be justification for the talking about good public policy eval- yield the floor. President to exercise his authority as uation. Shouldn’t we at least have the AMENDMENT NO. 383 Commander in Chief, if there is an information about where these women The PRESIDING OFFICER. The Sen- emergency situation, but where there are? Where these children are? What ator from Pennsylvania is recognized. is time for deliberation and debate and kind of jobs? What kind of wages? Are Mr. SPECTER. Mr. President, this congressional action, that ought to be there adequate child care arrange- amendment provides that: undertaken. ments? None of the funds authorized or otherwise As the circumstances worked out, The Swedish sociologist Gunnar available to the Department of Defense may missile strikes did not occur in early be obligated or expended for the deployment Myrdal once said: ‘‘Ignorance is never 1998, after the indication that the of ground troops from the United States President might authorize or under- random.’’ Sometimes we don’t know Armed Forces in Kosovo, except for peace- what we don’t want to know. take those missile strikes. keeping personnel, unless authorized by dec- When that again became an apparent I say to colleagues, given this vote, I laration of war or a joint resolution author- likelihood in November of 1998, I once am going to bring this amendment out izing the use of military force. more urged on the Senate floor that on the next bill I get a chance to bring The purpose of this amendment, obvi- the President not undertake acts of it out on. I am not going to agree to a ous on its face, is to avoid having the war with missile strikes because there time limit. I am going to force people United States drawn into a full-fledged was ample time for consideration. to come out here on the majority side war without authorization of the Con- There had been considerable talk about and debate me on this question, and we gress. This authorization is required by it, and that really should have been a will have a full-fledged, substantive de- the constitutional provision which congressional declaration. The Presi- bate. We are talking about the lives of states that only the Congress of the dent then did order missile strikes in women and children, albeit they are United States has the authority to de- December of 1998. poor, albeit they don’t have the lobby- clare war, and the implicit con- As we have seen with the events in ists, albeit they are not well connected. sequence from that constitutional pro- Kosovo, the President of the United I am telling you, I am outraged that vision that only the Congress of the States made it plain in mid-March, at there wasn’t the willingness and the United States has the authority to in- a news conference which he held on courage to debate me on this amend- volve the United States in a war. The March 19 and at a meeting earlier that ment. We will have the debate with no Founding Fathers entrusted that grave day with Members of Congress, that he time limits next bill that comes out responsibility to the Congress because intended to proceed with airstrikes. At here. of the obvious factor that a war could a meeting with Members of Congress I yield the floor. not be successfully prosecuted unless it on March 23, the President was asked The PRESIDING OFFICER. The Sen- was backed by the American people. by a number of Members to come to ator from Virginia. The first line of determination in a rep- Congress, and he did. The President Mr. WARNER. Mr. President, I tried resentative democracy, in a republic, is sent a letter to Senator DASCHLE ask- to accommodate the Senator early on to have that determination made by ing for authorization by the Senate. In on this matter. To be perfectly candid, the Congress of the United States. a context where it was apparent that it was a jurisdictional issue with this We have seen the bitter lesson of the airstrikes were going to be pursued committee. It was not a subject with Vietnam where a war could not be suc- with or without congressional author- which this Senator had a great deal of cessfully prosecuted by the United ization, and with the prestige of NATO familiarity. I did what I could to keep States, where the public was not be- on the line and with the prestige of the our bill moving and at the same time hind the war. United States on the line, the Senate to accommodate my colleague. The This amendment is being pressed did authorize airstrikes, specifically various persons who have jurisdiction today because there has been such a excluding any use of ground troops. over it were notified, and that is as consistent erosion of the congressional That authorization was by a vote of 58 much as I can say. authority to declare war. Korea was a to 41. Now, Mr. President, I ask unanimous war without congressional declaration. The House of Representatives had, on consent that there be 90 minutes equal- Vietnam was a war without a congres- a prior vote, authorized U.S. forces as ly divided in the usual form prior to a sional declaration. There was the Gulf peacekeepers, but that was not really motion to table with respect to amend- of Tonkin Resolution, which some said relevant to the issue of the airstrikes. ment 383 and no amendments be in justified the involvement of the United Subsequently, the House of Represent- order prior to that vote. States in Vietnam—military involve- atives took up the issue of airstrikes, The PRESIDING OFFICER. Without ment, the waging of a war. But on its and by a tie vote of 213–213, the House objection, it is so ordered. face, the Gulf of Tonkin Resolution of Representatives declined to author- Mr. WARNER. Mr. President, I fur- was not really sufficient. ize the airstrikes. That was at a time ther ask that following that vote, pro- The Gulf War, authorized by a resolu- when the airstrikes were already un- vided it is tabled, that Senator GRAMM tion of both Houses of Congress, broke derway. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5919 I supported the Senate vote for the want to know what the likely resist- Would the Senator be kind enough to authorization of airstrikes. I talked to ance would be from the army of the enlighten me? The first paragraph re- General Wesley Clark, the Supreme former Yugoslavia. How much have our fers to the introduction of ground NATO Commander. One of the points airstrikes degraded the capability of troops. The second paragraph refers to which he made, which was telling on the Serbian army to defend? How many the deployment of ground troops. Could this Senator, was the morale of the U.S. troops would be involved? I would the Senator tell me, is there a dif- troops. The airstrikes were an inevi- like to know, to the extent possible, ference in his mind in the use of those tability, as the President had deter- what the assessment of risk is. two different terms? mined, and it seemed to me that in When we talked about invading Mr. SPECTER. Responding directly that context we ought to give the au- Japan before the dropping of the atom- to the question, I think there would be thorization, again, as I say, expressly ic bomb on Hiroshima and Nagasaki, no difference. But I am not sure the reserving the issue not to have ground we had estimates as to how many Senator from Illinois has the precise forces used. would be wounded and how many fa- amendment I have introduced, which So on this state of the record, with talities there would be. So while not has only one paragraph. I can read it the vote by the Senate and with the tie easy to pass judgment on something quickly: vote by the House of Representatives, that could be at least estimated or ap- None of the funds authorized or otherwise you have airstrikes which may well, proximated, I would want to know, available to the Department of Defense may under international law, be concluded very importantly, how many ground be obligated or expended for deployment of to be at variance with the Constitution troops would be supplied by others in ground troops from the United States Armed of the United States, to put it politely NATO. I would want to know what the Forces in Kosovo, except for peacekeeping and not to articulate any doctrine of il- projection was for the duration of the personnel, unless authorized by a declaration legality, at a time when my country is of war or a joint resolution authorizing the military engagement, and what the use of military force. involved in those airstrikes. But when projection was after the military en- we come to the issue of ground troops, gagement was over. Mr. DURBIN. The version I have—— which would be a major expansion and These are only some of the questions Mr. WARNER. If the Senator will would constitute, beyond any question, that ought to be addressed. In 16 min- yield, I am holding this draft amend- the involvement of the United States utes, at 4 o’clock, members of the ad- ment. You are referring to two para- in a war—although my own view is ministration, the Secretary of Defense, graphs, and it appears to me that the that the United States is conducting the Secretary of State, and the Chair- first paragraph is the title; am I cor- acts of war at the present time—the man of the Joint Chiefs of Staff are rect? I find that inconsistent with what President ought to come to the Con- scheduled to give another congres- I believe was paragraph 2. The first gress. sional briefing. Before we have a vote paragraph is the title, and there is When the President met with a large on a matter of this importance and this really only one paragraph in the body group of Members on Wednesday, April magnitude, those are some of the ques- of the amendment. 28, the issue of ground forces came up tions I think ought to be answered. Mr. DURBIN. I thank the Senator and the President made a commitment That, in a very brief statement, con- from Virginia. If the Senator from to those in attendance—and I was stitutes the essence of the reasons why Pennsylvania will yield, I will confine present—that he would not order I have offered this amendment. myself to the nature of the amend- ground troops into Kosovo without Mr. DURBIN. Will the Senator yield ment. Could the Senator tell me why prior congressional authorization. He for a question? reference is only made to the deploy- said he would honor that congressional Mr. SPECTER. Yes. ment of grounds troops from U.S. authorization, reserving his preroga- Mr. DURBIN. I thank the Senator. He Armed Forces in Kosovo and not in tive as President to say that he didn’t and I are of the same mind in terms of Yugoslavia? feel it indispensable constitutionally the authority and responsibility of Mr. SPECTER. The amendment was that he do so. However, he said that he Congress when it comes to a declara- drafted in its narrowest form. Perhaps would make that commitment, and he tion of war. It is interesting to note it would be appropriate to modify the did make that commitment to a large that last year when a similar amend- amendment. number of Members of the House and ment was called on the defense appro- Mr. DURBIN. I think it might be. I Senate on April 28 of this year. He said, priation bill, offered by a gentleman in ask the Senator a second question. as a matter of good faith, that he the House, David Skaggs, only 15 Mem- Would he not want to make an excep- would come to the Congress before au- bers of the Senate voted in favor of it, tion, as well, for the rescue of the thorizing the use of ground troops. including the Senator from Pennsyl- NATO forces in Yugoslavia if we would So, in a sense, it could be said that vania, the Senator from Delaware, my- perhaps have a downed flier and ground this amendment is duplicative. But I self, and a handful of others. It will be troops could be sent in for rescue, and do believe, as a matter of adherence to interesting to see this debate now in that would not require congressional the rule of law, that the commitment the context of a real conflict. authorization. I think that would be the President made ought to be memo- I have seen a copy of this amend- consistent with the Senator’s earlier rialized in this defense authorization ment, and I want to understand the full statements about the emergency au- bill. I have, therefore, offered this clarity and intention of the Senator. thority of the President as Commander amendment. As I understand it, there are two para- in Chief. It is a complicated question as to the graphs offered as part of this amend- Mr. SPECTER. I would be prepared use of ground forces, whether they will ment. They use different language in to accept that exception. ever be requested, because unanimity each paragraph. I wish the Senator Mr. DURBIN. The final question is has to be obtained under the rules that would clarify. procedural. The Senator from Pennsyl- govern NATO. Germany has already Mr. SPECTER. If I may respond to vania has been here—— said they are opposed to the use of the Senator, I would be glad to respond Mr. WARNER. Mr. President, to ground forces. But this is a matter that to the questions. I thank him for his amend it for a downed flier—we just really ought to come back to the Con- leadership in offering a similar amend- witnessed ground troops being caught, gress. I am prepared—speaking for my- ment in the past. When I undertook to and they have now been released. I self—to consider a Presidential request send this amendment to the desk, I had would be careful in the redrafting and for authorization for the use of ground called the Senator from Illinois and not just to stick to a downed flier. forces. However, before I would vote on talked to him this morning and will That is just helpful advice. the matter, or give my consent or vote consider this a joint venture if he is Mr. SPECTER. I thank the Senator. in the affirmative, there are a great prepared to accept that characteriza- Mr. DURBIN. A rescue of NATO many questions I will want to have an- tion. forces in Yugoslavia was the question. swered—questions that go to intel- Mr. DURBIN. Depending on the re- Last, I will ask the Senator from Penn- ligence, questions that go to the spe- sponses, I may very well be prepared to sylvania, if this requires a joint resolu- cialty of the military planners. I would do so. tion, under the rules of the Senate, S5920 CONGRESSIONAL RECORD — SENATE May 25, 1999 Members in a filibuster, a minority, Mr. WARNER. As the Senator reads But I think the War Powers Act has say, 41 Senators, could stop us from the title and then the text, I have trou- had a profoundly beneficial effect, be- ever taking action on this measure. ble following the continuity of the two. cause Presidents have complied with it How would the Senator from Pennsyl- For example, first it is directing the even while denying it. vania respond to that? Does that, in ef- President of the United States pursu- But I think it is high time that Con- fect, give to a minority the authority ant to the Constitution and the War gress stood up on its hind legs and said to stop the debate and a vote by the Powers Resolution. I have been here 21 we are not going to be involved in wars Senate and thereby tie the President’s years. I think the Senator from Penn- unless Congress authorizes them. hands when it comes to committing sylvania is just a year or two shy of Mr. WARNER. Mr. President, perhaps ground troops, should we ever reach that. This War Powers Resolution has when I said hours and hours, it could be the point where that is necessary? never been accepted by any President, days and days. But we would come out Mr. SPECTER. I respond to my col- Republican or Democrat or otherwise. with the same result. Presidents league from Illinois by saying that Am I not correct in that respect? haven’t complied with the act. They with a declaration of war where the Mr. SPECTER. The Senator is cor- have ‘‘complied with the spirit of the Senate has to join under the Constitu- rect. act.’’ I believe that is how they have tion and there could be a filibuster re- Mr. WARNER. Therefore, we would acknowledged it in the correspondence quiring 60 votes, the same rule applies. not be precipitating in another one of with the Congress. To get that authorization, either by those endless debates which would con- Mr. SPECTER. If I may respond, I declaration of war or resolution for the sume hours and hours of the time of think ‘‘complied with the act’’—the act use of force, we have to comply with this body if we are acting on the predi- requires certain notification, certain the rules to get an affirmative vote out cate that this President is now going statements of the President. They of the Senate. Under those rules, if to acknowledge that he, as President of make the statements which the act somebody filibusters, it requires 60 the United States, is bound by what is calls for, and then they add an adden- votes. So be it. That is the rule of the law? I readily admit it is the law. But dum, ‘‘but we do not believe we are ob- Senate and that is the way you have to we have witnessed, over these 20-plus ligated to do so.’’ proceed to get the authorization from years that I have been here and over Mr. WARNER. Mr. President, let me the Senate. the years the Senator from Pennsyl- ask another question of my colleague. Mr. DURBIN. I know I am speaking vania has been here, that no President We will soon be receiving a briefing on the Senator’s time. I thank him for will acknowledge that he is subservient responding to those questions. I have from the Secretaries of State, Defense to this act of Congress because he feels and the National Security Adviser and reservations, as he does, about commit- that it is unconstitutional; that the ting ground troops. I certainly believe, the Chairman of the Joint Chiefs. I will Constitution has said he is Commander absent myself during that period, and as he does, that the Congress should in Chief and he has the right to make make that decision and not the Presi- the Senator from Pennsylvania will decisions with respect to the Armed have the opportunity to control the dent unilaterally. He has promised to Forces of the United States on a min- come to us for that decision to be floor. I hope there would be no unani- ute’s notice. Really, this is what con- mous consent requests in my absence. I made. I hope Mr. Milosevic and those cerns me about this amendment, who follow this debate don’t take any hope that would be agreeable with my among other things. good friend, because I have asked for comfort in this. We are speaking only Mr. SPECTER. If the Senator will to the question of the authority of Con- this meeting. yield so I can respond to the question. Mr. SPECTER. The Senator may be gress, not as to any actual decision of Mr. WARNER. All right. whether we will ever commit to ground Mr. SPECTER. If it took hours and assured there will be no unanimous troops. I think that is the sense of the hours, I think those hours and hours consent requests for any effort to do Senator from Pennsylvania. I thank would be well spent, at least by com- anything but to play by the Marquis of him for offering the amendment, and I parison to what the Senate does on so Queensberry rules. support this important amendment. many matters. And we might convene Mr. WARNER. That is fine. I asked Mr. WARNER. Mr. President, I will a little earlier. We might adjourn a lit- for this meeting and have arranged it speak in opposition to the amendment. tle later. We might work on Mondays for the Senate. So I have to go up- But I don’t wish to interfere with the and Fridays and maybe even on Satur- stairs. But I point out: Suppose we presentation of the Senator. At such days. I would not be concerned about were to adopt this, and supposing that time, perhaps, when I could start by the hours which we would spend. during the month of August when the propounding a few questions to my col- I think this Senator, after the 18 Senate would be in recess the President league and friend, would he indicate years and 5 months that I have been had to make a decision with regard to when he feels he has finished his pres- here, has given proper attention to the ground troops. Then he would have to, entation of the amendment? constitutional authority of the Con- practically speaking, bring the Con- Mr. SPECTER. It would suit me to gress to declare and/or involve the gress back to town. Would that not be have the questions right now. United States in war, or to the War correct? Mr. WARNER. I remind the Senator Powers Act. This is a matter which Mr. SPECTER. That would be cor- of the parliamentary situation. While I first came to my attention in 1983 on rect. That is exactly what he ought to have given him some suggestions, if he the Lebanon matter when Senator do. Before we involve ground troops, is going to amend it, it would take the Congress of the United States could unanimous consent to amend the Percy was chairman of the Foreign Re- lations Committee and I had a debate, interrupt the recess and come back and amendment. decide this important issue. Mr. SPECTER. To modify the amend- a colloquy, about whether Korea was a war, and Senator Percy said it was. Mr. WARNER. But the reason for in- ment? troducing ground troops, whatever it Mr. WARNER. That is correct. Vietnam was a war. may be, might require a decision of less Mr. SPECTER. The yeas and nays At that time, I undertook to draft a have not been ordered. complex complaint trying to get the than an hour to make on behalf of the Mr. WARNER. The time agreement acquiescence of the President—Presi- Chief Executive, the Commander in has been presented under the rules. I dent Reagan was in the White House at Chief, and he would be then shackled will address the question to the Chair. that time—which Senator Baker under- with the necessary time of, say, maybe I think that would be best. took to see if we could have a judicial 48 hours in which to bring the Members The PRESIDING OFFICER. It would determination as to the constitu- of Congress back from various places take unanimous consent to modify the tionality of the War Powers Act. throughout the United States and amendment. It is true, as the Senator from Vir- throughout the world. To me, that im- Mr. WARNER. Just as a friendly ges- ginia says, that Presidents have always poses on the President something that ture, I advise my colleague of that. denied it. They have denied it in com- was never envisioned by the Founding Mr. SPECTER. Mr. President, I plying with it. They send over the no- Fathers. And that is why he is given thank the Senator from Virginia for tice called for under the act, and then the power of Commander in Chief. Our his friendly gesture. they put in a disclaimer. power is the power of the purse, to May 25, 1999 CONGRESSIONAL RECORD — SENATE S5921 which I again direct the Senator’s at- utes at 4 o’clock under the previous Mr. WARNER. That is correct. tention in the text of the amendment. order. The 20 minutes is on the amend- The PRESIDING OFFICER. At this But it seems to me I find the title in ment, not on the bill. point in time, the Senator from Colo- conflict with the text of the amend- Mr. WARNER. Mr. President, if I rado has the floor for 20 minutes. The ment. might clarify the situation. Senator is advised, with regard to the Mr. SPECTER. As I said during the The PRESIDING OFFICER. The Sen- amendment of the Senator from Penn- course of my presentation, Mr. Presi- ator from Virginia. sylvania, 25 minutes remains for the Mr. WARNER. Before the Senator dent, I think the Commander in Chief Senator from Pennsylvania and 381⁄2 does have authority to act in an emer- from Pennsylvania specifically advised minutes, approximately, remains for gency. I made a clear-cut delineation me he was going to assert his rights, the opposition. as I presented the argument that when which he has since his amendment was The Senator from Colorado is recog- there is time for deliberation, as, for the pending business of the Senate fol- nized for 20 minutes. example, on the missile strikes in Iraq, lowing the three votes, I put in place a Mr. ALLARD. Mr. President, today I or as, for example, on the gulf war res- modest time slot for our colleague rise in strong support of S. 1059, the olution, it ought to be considered, de- from Colorado, such that he could ad- National Defense Authorization Act for bated and decided by the Congress. dress the Senate on the general provi- Fiscal Year 2000. Mr. WARNER. How do we define sions of the underlying bill. But then As the Personnel Subcommittee ‘‘emergency?’’ Where the President can we reached a subsequent time agree- chairman, I take great pleasure in ment to accommodate the Senator act without approval by the Congress, which Senator CLELAND, the ranking and in other situations where he must from Pennsylvania. member, and the other members of the It is my request, in the course of this get the approval, who makes that deci- subcommittee were able to provide for debate, if the Senator could, within the sion? our men and women in uniform. Every parameters of the two unanimous con- Mr. SPECTER. I think that our leader in the military tells me the English language is capable of struc- sents, work out a situation where he could have about 15 minutes and then same thing, without the people the turing a definition of what constitutes tools are useless. We must take care of an emergency. we could return to your debate? Mr. SPECTER. Mr. President, I do our people and the personnel provisions Mr. WARNER. Where is it found in in this bill were developed in a bipar- this amendment? not understand that. If you are asking me to give time—— tisan manner. Mr. SPECTER. I think the President This bill is responsive to the man- has the authority to act as Commander Mr. WARNER. Not from your time agreement. It would be totally sepa- power readiness needs of the military in Chief without that kind of specifica- services; supports numerous quality of tion, and it is not now on the face of rate. In other words, your 90 minutes, life improvements for our service men this amendment. However, it may be now the subject of the second unani- and women, their families, and the re- advisable to take the extra precaution, mous consent agreement, would be pre- tiree community; and reflects the with modification offered and agreed to served. That is as it was written. But can the Senator accommodate sliding budget realities that we face today and by unanimous consent in the presence that to some point in time to allow the will face in the future. of the Senator from Virginia, to spell Senator from Colorado to have 15 min- First, military manpower strength that out as well, although I think un- utes? levels. The bill adds 92 Marine per- necessarily so. Mr. ALLARD. What is the regular sonnel over the administration’s re- Mr. WARNER. Mr. President, I must order? quest for an active duty end strength depart and go upstairs to this meeting. The PRESIDING OFFICER. The reg- of 1,384,889. It also recommends a re- But I will return as quickly as I can. I ular order is the Senator from Colorado serve end strength of 874,043—745 more thank the Senator for his courtesy of has the floor for 20 minutes. than the administration requested. protecting the floor in the interests of Mr. SPECTER. I would be delighted The bill also modifies but maintains the manager of the bill. to accommodate the Senator from Col- the end-strength floors. While I do not Mr. SPECTER. I thank the Senator orado one way or the other. He can from Virginia. believe that end-strength floors are a speak now and then we can go back to practical force management tool, I am Mr. WARNER. The Senator is aware our time agreement on the pending that the Senator from Virginia will at personally concerned that the strength amendment. levels of the active and reserve forces an appropriate time move to table, and Mr. ALLARD. I have been waiting. I in all probability I will reserve the are too low and that the Department of was here most of the morning and then Defense is paying other bills by reduc- right to object to this amendment waiting this afternoon for 3 hours to until the Senator from Pennsylvania ing personnel. Therefore, it is nec- have an opportunity to make some essary to send a message to the admin- seeks to amend the amendment. general comments on this bill. I do not The PRESIDING OFFICER. The istration that they cannot permit per- anticipate taking much longer. My sonnel levels to drop below the mini- Chair will advise the Members of the agreement is 20 minutes, if I remember Senate that under the previous order mums established by the Congress. correctly. On military personnel policy, there Senator ALLARD is to be recognized for The PRESIDING OFFICER. That is 20 minutes. are a number of provisions intended to correct. support the recruiting and retention Mr. WARNER. Perhaps the Senator Mr. ALLARD. Maybe there would be and personnel management of the serv- from Pennsylvania and the Senator an opportunity—I would like to get in ices. Among the most noteworthy, are from Colorado will work that out be- on this meeting Senator WARNER is at- tween them. I hope they can reach an tending at some point in time—prob- the several provisions that permit the accommodation. ably the last part of it. But I would services to offer 2-year enlistments Mr. SPECTER. Mr. President, if I like to have the opportunity to address with bonuses and other incentives. may, I understand that the Senator this bill. This is a pilot program in which stu- from Virginia has articulated his views What is it the Senator from Pennsyl- dents in college or vocational or tech- about a unanimous consent, and that is vania is seeking, as far as the privilege nical schools could enlist and remain fine. Those are his rights. But it may of the floor? in school for 2 years before they actu- be that there will be an additional Mr. SPECTER. Mr. President, if I ally go on active duty. amendment which I will file taking may respond, I am delighted to have Many Senators have expressed their into account any modifications which I the Senator from Colorado use his 20 concerns about the operational tempo might want to make which might be minutes, which is ordered at this time. of the military. That is why this bill objected to. So we can work it out in Mr. WARNER. With no subtraction attempts to address this problem by re- due course. whatsoever from the unanimous con- quiring the services to closely manage Parliamentary inquiry: Does the Sen- sent in place for the Senator. the Personnel and Deployment Tempo ator from Colorado have the floor? Mr. SPECTER. That is the under- of military personnel. We would re- The PRESIDING OFFICER. The Sen- standing the Senator had spoken to quire a general or flag officer to ap- ator from Colorado is to have 20 min- earlier. prove deployments over 180 days in a S5922 CONGRESSIONAL RECORD — SENATE May 25, 1999 year; a four-star general or admiral to fense to implement a number of initia- Very honestly, this amendment is, in approve deployments over 200 days and tives to improve delivery of health care my view, flawed. First of all, it is clear would authorize a $100 per diem pay for under TriCare. Another provision that the President has to come to Con- each day a service member is deployed would require each Lead Agent to es- gress to use ground forces and that the over 220 days. The briefings and hear- tablish a patient advocate to assist President has already stated—I will ings in the personnel subcommittee beneficiaries in resolving problems ask unanimous consent to print in the have found that the single most cited they may encounter with TriCare. RECORD a copy of his letter dated April reason for separation is time away Finally there are a number of general 28, 1999, to the Speaker of the House in from home and families. At the same provisions including one to enforce the which he says in part: time, the services have not been effec- reductions in management head- Indeed, without regard to our differing tive in managing the Personnel and De- quarters personnel Congress directed constitutional views on the use of force, I ployment Tempo for their personnel. I several years ago and several to assist would ask for Congressional support before am confident that the provision will the Department of Defense Dependents introducing U.S. ground forces into Kosovo focus the necessary attention on the School System to provide quality edu- into a non-permissive environment. management of this problem. cation for the children of military per- I ask unanimous consent that the Another important provision is the sonnel overseas. President’s letter be printed in the expansion of Junior ROTC or JROTC Before I close, as a first time Senator RECORD. programs. A number of members and subcommittee chair, I express my ap- There being no objection, the letter the service Chiefs and personnel Chiefs preciation to Senator CLELAND for his was ordered to be printed in the told me that they believed Junior leadership and assistance throughout RECORD, as follows: ROTC is an important program and this year as we worked in a bipartisan THE WHITE HOUSE, that an expansion was not only war- manner to develop programs which en- Washington, April 28, 1999. Hon. J. DENNIS HASTERT, ranted but needed. Thus we have added hance personnel readiness and quality Speaker of the House of Representatives, $39 million to expand the JROTC pro- of life programs. I also thank the mem- Washington, DC. grams. These funds will permit the bers of the subcommittee, Senator DEAR MR. SPEAKER: I appreciate the oppor- Army to add 114 new schools; the Navy THURMOND, Senator MCCAIN, Senator tunity to continue to consult closely with to add 63 new schools; the Air Force to SNOWE, Senator KENNEDY, and Senator the Congress regarding events in Kosovo. add 63 new schools; and the Marine REED, and their staffs. Their hard work The unprecedented unity of the NATO Members is reflected in our agreement at the Corps to exhaust their waiting list to made our work better and helped me recent summit to continue and intensify the 32 schools. This is a total of 272 new focus on those issues which have the air campaign. Milosevic must not doubt the JROTC programs in our school dis- greatest impact on soldiers, sailors, resolve of the NATO alliance to prevail. I am tricts across the country. I am proud to airmen and marines. confident we will do so through use of air be able to support these important pro- Mr. President, I finish by thanking power. grams that teach responsibility, lead- Chairman WARNER for the opportunity However, were I to change my policy with ership, ethics, and assist in military re- to point out some of the highlights in regard to the introduction of ground forces, the bill which the Personnel Sub- I can assure you that I would fully consult cruiting. with the Congress. Indeed, without regard to In military compensation, our major committee has oversight and to con- our differing constitutional views on the use recommendations are extracted from gratulate him and Senator LEVIN on of force, I would ask for Congressional sup- S. 4, the Soldiers’, Sailors’, Airmen’s the bipartisan way this bill was accom- port before introducing U.S. ground forces and Marines’ Bill of Rights Act of 1999. plished and ask that all Senators into Kosovo into a non-permissive environ- First, this bill authorizes a 4.8-percent strongly support S. 1059. ment. Milosevic can have no doubt about the pay raise effective January 1, 2000 and I yield the floor. resolve of the United States to address the a restructuring of the pay tables effec- The PRESIDING OFFICER. Who security threat to the Balkans and the hu- yields time? manitarian crisis in Kosovo. The refugees tive July 1, 2000. must be allowed to go home to a safe and se- Another provision includes a Thrift Mr. ALLARD. Mr. President, I sug- gest the absence of a quorum. cure environment. Savings Plan for active forces and the Sincerely, The PRESIDING OFFICER. The time ready reserves and a plan to offer serv- BILL CLINTON. is under control. If neither side yields ice members who entered the service Mr. BIDEN. Mr. President, not only time, time will simply run equally. on or after August 1, 1986, the option to must the President, but he said he receive a $30,000 bonus and remain Mr. LEVIN addressed the Chair. The PRESIDING OFFICER. The Sen- would. under the ‘‘Redux’’ retirement or to ator from Michigan is recognized. This amendment is flawed in two re- change to the ‘‘High-three’’ retirement Mr. LEVIN. I thank the Chair. The spects. First, as a constitutional mat- system. In order to assist the active Senator from Delaware is here and I ter, I believe it is unnecessary. The and reserve military forces in recruit- will be happy to yield—how much time Constitution already bars offensive ing, there are a series of bonuses and do the opponents have? military action by the President unless new authorities to support the ability The PRESIDING OFFICER. The op- it is congressionally authorized or of our recruiters to attract qualified ponents of the amendment have 38 min- under his emergency powers. young men and women to serve in the utes and approximately 10 seconds. The Senate resolution we adopted armed forces. There are also several Mr. LEVIN. Is that divided in some only authorizes the use of airpower. If new bonuses and special pays to way or under the control of Senator Congress adopts this amendment, it incentivize aviators, surface warfare WARNER and myself? How is that? seems to me we will imply the Presi- officers, special warfare officers, air The PRESIDING OFFICER. The dent has carte blanche to take offen- crewmen among others to remain on manager of the bill is designated to be sive action, and anywhere else unless active duty. Two additional provisions in charge of the opposition. the Congress makes a specific state- from S. 4 are in this bill. A special re- Mr. LEVIN. I am happy to yield 5 ment to the contrary in advance. In tention initiative would permit a serv- minutes to the Senator from Delaware. short, I think it will tender an invita- ice secretary to match the thrift sav- The PRESIDING OFFICER. The Sen- tion to Presidents in the future to use ings contribution of service members ator from Delaware is recognized for 5 force whenever they want unless Con- in critical specialties in return for an minutes. gress provides a specific ban in ad- extended service commitment. Also, Mr. BIDEN. Mr. President, I will be vance. thanks to the hard work of Senator necessarily brief. Putting that aside, however, the MCCAIN and Senator ROBERTS, another It is not often I disagree with my amendment is flawed because its excep- provision authorizes a special subsist- friend from Pennsylvania, Senator tions are much too narrowly drawn. ence allowance for junior enlisted per- SPECTER. I think he is right in the fun- The amendment purports to bar the sonnel who qualify for food stamps. damental sense that if the President is use of Armed Forces in response to an In health care, there are several key going to send American ground forces attack against Armed Forces. recommendations. There is a provision into a war, it needs congressional au- For example, we have thousands of that would require the Secretary of De- thority. soldiers now in Albania and Macedonia. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5923 Let’s suppose the Yugoslav forces the floor, if I may have his attention. I Aside, hypothetically, absent a let- launch an attack against U.S. forces in say to Senator BIDEN, may I have your ter, what would the legislative ap- Albania or in Macedonia. This amend- attention? proach be to limit a President from ex- ment would bar the use of ground Mr. BIDEN. Surely. ercising his powers as Commander in forces to respond by going into Kosovo. Mr. SPECTER. The arguments which Chief short of cutting off funds once he The power to respond against such an you have made stem from your stated has already done so? It seems to me attack is clearly within the power of position that the President really that we have a choice. We can either the Commander in Chief. So, too, does ought to have congressional authoriza- say in advance: You may not do it un- the President have the power to launch tion to use force. If the legislative ap- less you have our prior approval; or say a preemptive strike against an immi- proach is not to require him to come to nothing once the President uses force, nent attack. The U.S. forces do not Congress before the use of force, but to and then cut off the funds, which ap- have to wait until they take the first await his using force, then are we not pears to me to be untenable. punch. really in a situation where we face the Is there a third alternative? The second point I will make in this impossible predicament of seeking to Mr. BIDEN. Yes, Mr. President. I brief amount of time I am taking is cut off funds from the middle of a mili- think there is. If I may respond. that the amendment does not appear to tary operation which is untenable? Or There are several. There is a third permit the use of U.S. forces in the to articulate the question more pre- and a fourth alternative. One of the al- evacuation of Americans. Most con- cisely: What would you suggest as a ternatives would be, were the resolu- stitutional scholars concede the Presi- way to accomplish the constitutional tion merely to say: Mr. President, by dent has the power to use force in principle you agree with, that only the concurrent resolution, we believe you emergency circumstances to protect Congress has the authority to author- do not have the authority to put American citizens facing an imminent ize the use of force, with the current ground troops in place without our au- and direct threat to their lives. circumstances? thorization; we expected that you In sum, notwithstanding the fact Mr. BIDEN. Mr. President, if I may would request of us that authorization that my colleague from Pennsylvania respond, I think that is a fair question. before you did, that would create an in- is going to amend his own amendment, I think I, quite frankly and bluntly, ac- credibly difficult political barrier for it does not, in my view, appear to be complished that. The way I did that— any President to overcome. It would necessary and it unconstitutionally re- the Senator was in that same meeting. not be an advance cutoff of funds. I do not recall where we have in ad- stricts recognized powers of the Presi- We were in the same meeting. I think vance—in advance of a President tak- dent. it was the 28th, you said. I do not re- ing an action—told him that we would This comes from a guy—namely me— member the exact date. who has spent the bulk of the last 25 Mr. SPECTER. It was. limit the availability of funds for an action he says he has not contemplated years arguing that the President has to Mr. BIDEN. He may recall that I am undertaking in advance. I think it is a have congressional authority to use the one who stood up and said: Mr. bad way to conduct foreign policy. I force in circumstances such as this, President, you do not have the author- think it complicates the circumstance. and he does. But to bar funds in ad- ity to send in ground troops without It sends, at a minimum, a conflicting vance, before a President even at- congressional authorization. Since you message. At a minimum, it sends the tempts to use ground forces, in the face have said, Mr. President, you have no message to Europe, for example, and of him saying he will not use them and intention of doing that, why don’t you our allies, that we, the U.S. Congress, in the face of a letter in which he says affirmatively send a letter to the think the President is about to send he will not send them without seeking Speaker of the House of Representa- American forces in when he has not tives committing that you will not do Congress’ authority, seems to me to said he wishes to do that. not only be constitutionally unneces- that without their authority? He said: Secondly, it says in advance, to our sary but sends an absolutely dev- I will. And he did. I think we accom- enemies, that the President cannot astating signal to Mr. Milosevic and plished that. send in ground forces unless he undoes others. To now say that we are going to add an action already taken, giving an For example, I, for one, have been en- to that the requirement to cut off overwhelming prejudice to the point of couraging the Secretary of Defense, funds, that we will cut off funds, is a view that the President could never get our National Security Adviser, and the very direct way of saying: We don’t the support to use ground forces. President of the United States to get trust you, Mr. President. You gave I understand my friend from Pennsyl- about the business of prepositioning your word; you put it in writing; you vania—and I have said this before, and right now the 50,000 forces they say will put your signature on it; and we still I mean it sincerely, there is no one in be needed in a permissive environment. don’t trust you. this body I respect more than him, but That is an environment where there is I am not prepared to vote for that. he has indicated that he would be ame- a peace agreement. If tomorrow peace Mr. SPECTER. Mr. President, I nable to a consideration of the use of broke out in Yugoslavia, if Mr. would disagree with the statement of ground forces, if asked. But I suspect Milosevic yielded to the demands of my colleague from Delaware that we that is not how this will be interpreted NATO, there would be chaos in Kosovo say, ‘‘we do not trust you, Mr. Presi- in not only Belgrade but other parts of because there would be no force to put dent,’’ by noting that the President the world. I think it will be interpreted in place in order to ensure the agree- might change his mind. He has been as the Senate saying they do not want ment. known to do that. Other Presidents ground troops to be put in under any I worry that an amendment at this have, and even the Senator from Dela- circumstances. That is not what he is moment not only is unnecessary but ware and the Senator from Pennsyl- saying. But that is, I believe, how it would send a signal to suggest that we vania have been known to change their will be interpreted. should not even be prepositioning minds. So let me sum up my response to the American forces for deployment in a The other concern is that if you have Senator’s question: A, we could, in peaceful environment. I think it is un- it on a personal basis, in a letter, it fact, say to the President: Mr. Presi- necessary. really does not have the force of law. dent, if you are going to use ground I thank the Chair for his indulgence And we are consistently moving in the forces, come and ask us, with no funds and my colleague for the time. I oppose Congress to where there has been an cut off in terms of a resolution. the amendment. executive order, which is a good bit Secondly, we could say to the Presi- The PRESIDING OFFICER. Who more formal than the letter that the dent: Mr. President, we have your let- yields time? Senator from Delaware refers to, to ter in hand. We take you at your word Mr. SPECTER addressed the Chair. make sure that it is governed by law as and expect that that is what you would The PRESIDING OFFICER (Mr. GOR- opposed to a personal commitment or do, memorializing the political context TON). The Senator from Pennsylvania. what might be said. in which this decision was made, which Mr. SPECTER. Before the distin- But let me articulate a question in a Presidents are loath to attempt to guished Senator from Delaware leaves different context. overcome. S5924 CONGRESSIONAL RECORD — SENATE May 25, 1999 The bottom line is, the President of ity in Congress to control the power of and clearly would result in American the United States can in fact go ahead the purse. I am very much interested in body bags coming home. and disregard this as easily as he could my colleague’s response, but I hope it I wish he had a view different than disregard the provisions of the Con- will be on his time. the one I am asserting, because I think stitution. If a President were going to Mr. BIDEN. Mr. President, will the we need to have that option open and decide that he would disregard the con- Senator from Michigan yield me 2 min- real. I am not sure it is. I am almost stitutional requirement of seeking our utes? positive there is no reasonable prospect authority to use ground forces, I re- Mr. LEVIN. I would be happy to this President, or for that matter the spectfully suggest he would not be at yield. May I inquire of the Chair how last President, would have moved in all hesitant to overcome a prohibition much time the opponents have? the face of the Congress having already in an authorization bill saying no funds The PRESIDING OFFICER. Thirty- stated its views that it was not willing authorized here could be used. two minutes 11 seconds. to give him that power in advance, He could argue that funds that have Mr. LEVIN. I am happy to yield to which is another way of saying: Mr. already been authorized have put force the Senator. President, if you want this power, in place, with bullets in their guns, The PRESIDING OFFICER. The Sen- come and ask us. gasoline in their tanks, fuel in their ator from Delaware. So I think it is unnecessary. I think aircraft; that he has the authority to Mr. BIDEN. The Senator from Ari- it is redundant. I think it has already move notwithstanding this prohibition. zona, Mr. MCCAIN, and I had an amend- been spoken to as it relates to the War I understand the intention of my ment to attempt to preauthorize the Powers Act. I think it is a well-in- friend from Pennsylvania. I applaud it. use of ground forces. The Congress de- tended, mistaken notion as to how we I think it is unnecessary in a very com- bated, as the Parliamentarian can tell should be limiting this President’s use plex circumstance and situation in us, in the context of the War Powers of ground forces. which the President of the United Act, having been triggered by a letter I thank the Senator from Michigan States has indicated he does not intend sent by the President to the Congress. for yielding me that time. to do it anyway. And I just think it We have already spoken. We have al- Mr. SPECTER addressed the Chair. sends all the wrong messages and is un- ready spoken as a Congress. We have The PRESIDING OFFICER. The Sen- necessary and is overly restrictive. made it clear to the President of the ator from Pennsylvania. Mr. SPECTER. The Senator from United States, unfortunately, in my Mr. SPECTER. Mr. President, I Delaware has mentioned a third option view, that under the War Powers Act, thank the Senator from Delaware for to the two I suggested. we believe he should not at this mo- those comments. I think it all boils The third option is for us to send a ment be introducing ground forces be- down to whether the President would resolution saying don’t do it unless we cause the McCain-Biden amendment feel compelled by a political situation, authorize it, but not binding him. Say- was defeated, which was an affirmative a statement by Congress, to not send in ing that would certainly impose a po- attempt to give him authority in ad- ground troops. litical restraint on the President—not vance to use ground forces. So we have I acknowledged in my opening com- doing it, in the face of our requesting already debated this issue of ground ments that he had made that commit- him not to without our prior authoriza- forces in the context of the War Powers ment, which I heard and spoke about, tion. I understand his third alter- Act, which was one of the two docu- on April 28. But I believe we ought to native, but I do not draw much solace ments cited by the Senator from Penn- be bound by the rule of law, not be de- from it, just as a matter of my own re- sylvania, the other being the U.S. Con- pendent upon a change of mind by the sponse. stitution. I argue we have done that. President, and memorialize it in this Mr. BIDEN. If the Senator would Second, I point out that I can’t imag- statute. Congress ought to assert its yield, I am not suggesting—— ine a modern-day President, in the face authority to declare war and have the Mr. SPECTER. My time is running of an overwhelming or even majority United States engaged in war and to do out. Let me finish my statement. Then congressional decision, saying you it with the force of law with this kind you have quite a bit of time left. Let should not use force and having the po- of an amendment, perhaps somewhat me just finish the thought. litical will or courage to go ahead and modified. I do not think it goes far enough to use it anyway. I do not think such a I yield the floor. say: We request that you not do it un- circumstance exists. If you think this The PRESIDING OFFICER. The Sen- less we give you prior authorization. President is likely to do that, then you ator from Michigan. Because that kind of a gentle sugges- have a view of his willingness to take Mr. LEVIN. Mr. President, I oppose tion—and I can understand the gen- on the Congress that exceeds that of al- the amendment. It would send the tility of my colleague from Delaware— most anyone I know. worst possible signal, I believe, to would not go very far, I think, with The idea that this President, in this Milosevic at this time. A kind of ‘‘don’t this President or might not go very far context, having said so many times worry’’ signal, if you weather the with the Senator from Delaware or that he would not and does not want to storm, no matter how weakened your would not predetermine what the Sen- use ground forces, would fly in the face military is, the President isn’t going to ator from Pennsylvania would do. of a majority of the Members of the be able to go in even in a When the Senator from Delaware Congress saying he should not do it semipermissive environment in order talks about the President flying in the without coming here, in what everyone to return the refugees, because Con- face of a cutoff of funds, I think that would acknowledge would be a difficult gress has tied his hands, tied the purse the President would be loath to do political decision to make in any in- to say that only if Congress affirma- that. I think there he might really get stance and difficult military decision tively approves the expenditure of into the Boland amendment or chal- to make, and then if, in fact, he is not funds, then and only then could ground lenging the Congress on the power of immediately successful, I believe ev- forces go in, even in a semipermissive the purse. eryone in this Chamber would acknowl- environment. The Presidents have gotten away edge that it would probably effectively Mr. President, how much time do the with disregarding the congressional bring this Presidency down. I just can’t opponents have? mandate that only Congress can de- imagine that being the matter. The PRESIDING OFFICER. Twenty- clare war. They have gotten away with Let me conclude by saying, Professor seven and a half minutes. it for a long time. It has been eroded. Corwin is credited with having said Mr. LEVIN. I yield myself 6 minutes. Presidents feel comfortable in doing that the Constitution merely issues an I can’t think of a worse signal to that. But if the Congress said: No funds invitation to the President and the send to Milosevic in the middle of a may be used, as this amendment does— Senate does battle over who controls conflict than this amendment would maybe it needs to be a little tighter the foreign policy. Seldom will Presi- send to him. Congressional gridlock is here or there—I think the President dents take action that is totally con- not unheard of around here. We have would proceed at his peril to violate trary to the expressed views of the plenty of examples of Congress being that expressed constitutional author- Congress which risk American lives unable to act. We had a recent example May 25, 1999 CONGRESSIONAL RECORD — SENATE S5925 in the House where the House could not Milosevic, and it creates burdens on These are now the words of the infor- even agree to support an air campaign our commanders that are intolerable in mation paper shared with us by the De- that is presently going on, a tie vote. the middle of a conflict. partment: Under this funding cutoff approach, We have been advised by the Depart- . . . effectively give Milosevic advance no- that air campaign presumably would ment of Defense on this amendment tice of ground action by NATO forces, should not be able to continue under a com- that ‘‘it is so restrictive of U.S. oper- NATO commanders request consideration of parable resolution applying to the use ations and so injurious to our role in this option. of military forces. the alliance that the President’s senior While we have made no decision to I know this only applies to ground advisers would strongly recommend use ground forces in a nonpermissive forces and not to an air campaign, but that the final bill be vetoed if this lan- environment, it would be a mistake to that vote in the House of Representa- guage is included in the bill.’’ That is hamstring this option with a legisla- tives is a wonderful example of how information we have just received from tive requirement for prior congres- Milosevic, when he looked at this reso- the Department of Defense. sional approval. The Department says: lution, would say, well, gee, this would Gridlock. Fifty votes in the House. This would be construed to prohibit cer- require Congress to affirmatively act, Now, under this amendment, we have tain intelligence or reconnaissance oper- and since the House can’t even get a to affirmatively approve something. ations essential to a successful prosecution majority to act to support an ongoing What happens if a majority of us want of Operation Allied Force. It would prohibit any preemptive attack by U.S. forces based operation, I could comfortably rely, he to approve it but we are filibustered? on advance warning or suspicion of an im- would say to himself, on the fact that The Senator from Pennsylvania said, pending attack by the Yugoslav forces. It they would never authorize in advance well, those are the rules. would prohibit U.S. ground personnel from a ground campaign, even in a Those are the rules. But under his pursuing those forces, conducting hit and semipermissive environment. amendment, it would mean that even if run, or similar attacks across international The President has been criticized for a majority of the Senate wanted to boundaries. taking the possibility of ground troops give approval to ground forces, a mi- But the words that we should pay the off the table. The argument is that nority in the Senate could thwart that most heed to in this memorandum Milosevic doesn’t have to worry as action. from the Department of Defense—the much about that possibility, given the I think this is the kind of tying of words that I hope this Senate will position of the administration. I think our hands in the middle of a conflict think very carefully about before we we ought to want Milosevic to worry that would tell Milosevic this country consider adopting this amendment—are and to worry more, not less. This is a is not serious about the NATO mission. that the Department strongly opposes ‘‘worry less’’ amendment, not a ‘‘worry This NATO mission is so critical in amendment No. 383 because it would more’’ amendment. This says Congress terms of the future of Europe; it is so ‘‘unacceptably put at risk the lives of would have to affirmatively approve critical in terms of the stability not U.S. and NATO military personnel and ground forces in advance, even in a only of Europe but of the North Atlan- jeopardize the success of Operation Al- semipermissive environment, and it tic community that for us to adopt lan- lied Force.’’ seems to me Milosevic could quite guage that in advance says you can’t Mr. SPECTER addressed the Chair. comfortably say to himself that is not do something without Congress acting, The PRESIDING OFFICER. The Sen- a very strong likelihood. knowing, as we do, how difficult it is to ator from Pennsylvania. There are a lot of practical problems get Congress to act even in the middle Mr. SPECTER. Mr. President, in lis- with the wording of this amendment. of a conflict, would be simply a terrible tening to the comments of the Senator For instance, what happens if U.S. in- result for the success of our mission. from Michigan, every single objection telligence discovered that American Mr. President, I yield myself an addi- and argument he has raised applies forces in Albania or in Macedonia were tional 3 minutes. equally to the President’s commitment about to be attacked by Yugoslav army The PRESIDING OFFICER. The Sen- by letter to come to the Congress be- forces and it was determined to be nec- ator may continue. fore he would use ground forces. essary for U.S. ground forces to con- Mr. LEVIN. Mr. President, we want, I When he says it would be the worst duct a preemptive attack into Kosovo hope, to do two things. One is to tell signal to Milosevic, the President gave in self-defense? We are just about ready the President, as we have, how impor- that signal personally when he said it to be attacked; can we hit the tant it is that there be consultation gives Milosevic advance notice. That is attacker? Not under this amendment. and that he seek support from the Con- exactly what the President would be You have to come to Congress first. gress, and he has committed to do so. doing in coming to Congress. When he Our military would be told, whoops, But that is a very different thing from says there could be no intelligence or you are about to be attacked in Alba- what this amendment provides. This is reconnaissance, that is exactly what nia or Macedonia, but Congress passed an advance funding cutoff, unless would happen by the President’s com- a law saying they have to authorize the something happens that can be thwart- mitment. When he says it would pre- use of ground forces. Do we want to tie ed by gridlock. clude a preemptive strike, that is ex- the hands of our commanders that way We should not ever forget the likeli- actly what the President has done. in the middle of a conflict, to tell our hood of gridlock in this Congress. Even When he says it puts at risk U.S. mili- commanders that even in cir- if a majority wanted to support the use tary personnel, that is precisely what cumstances where they think they are of ground forces in a nonpermissive en- the President has done. When they talk about a veto, it is the about to be hit that they cannot pre- vironment, a minority of the Senate same old threat—senior advisers emptively go after the attackers in could thwart that majority view. I be- threatening to veto. I think this may Kosovo with ground forces? They have lieve the signal to Milosevic that he be a better amendment than I had to then just take it on the chin? will be the beneficiary of gridlock, and And what if U.S. forces in Albania or only if gridlock can be overcome would originally contemplated. I yield the floor. Macedonia were attacked by Yugoslav he then have to fear the possibility of the use of ground forces, is a signal The PRESIDING OFFICER. Who army forces, actually attacked in Mac- yields time? edonia or Albania. Would that would undermine the current mis- sion in a very significant way. Mr. LEVIN. Mr. President, the oppo- counterattacking U.S. forces have to nents have how much time left? stop at the Kosovo border, thereby giv- Again, reading from the information paper the Department of Defense has The PRESIDING OFFICER. The op- ing the Yugoslav army a haven from ponents have 16 minutes 44 seconds. which they could conduct ground at- shared with us this afternoon: The Department strongly opposes this The proponents have 11 minutes. tacks across the border but not be pur- Who yields time? sued by American ground forces? The amendment because it would unacceptably put at risk the lives of U.S. and NATO mili- Mr. SPECTER. Mr. President, I yield commander would have to stop at the tary personnel, jeopardize the success of Op- 5 minutes to the Senator from Wis- border and come to Congress? So it is eration Allied Force, and inappropriately re- consin. the worst kind of signal we could give strict the President’s options as Commander The PRESIDING OFFICER. The Sen- in the middle of a conflict to Mr. in Chief. ator from Wisconsin is recognized. S5926 CONGRESSIONAL RECORD — SENATE May 25, 1999 Mr. FEINGOLD. I thank the Chair, with no action to remove our troops ready done in Kosovo, let alone a con- and I thank the Senator. from the region. Indeed, I am afraid sensus on whether to expand the U.S. Mr. President, I commend the Sen- that this Congress is ignoring the sig- mission there. ator from Pennsylvania for what he is nificance of this date completely. In Sixty days have come and gone since trying to do with his amendment, to fact, I am not sure that the signifi- the President failed to submit the re- protect the prerogatives of the Senate cance of this date has been noted by quired report regarding U.S. participa- and the requirements of the War Pow- any of my colleagues during debate on tion in the air strikes against the FRY. ers Resolution with respect to the ac- this Specter amendment. Despite this regrettable inaction, the tions of our armed services abroad. Al- The War Powers Resolution provides War Powers Resolution clock began to though I understand it may be modi- that the President shall terminate the tick 48 hours after the first bombs fied, I think I will be able to support use of our Armed Forces for the pur- fell—the date on which the President’s this amendment. I share the Senator’s pose outlined in the report required report under section 4(a)(1) of the Act commitment to protecting the war under section 4(a)(1) of the Act after 60 was required to have been submitted. powers granted to the Congress by the days unless one of the three things has That’s right, Mr. President, the clock Founding Fathers and reaffirmed in happened: begins to tick whether the President the War Powers Resolution. The Congress has declared war or has fulfills his obligation to submit the re- That said, I hope that, should this enacted a specific authorization for the port or not. The vitality of the War amendment be adopted, the conferees use of the military; the Congress has Powers Resolution is unmistakable be- will make an effort to better define the extended by law the 60-day time period; cause that law states that the troops term ‘‘peacekeeping,’’ for which the or the President is not able to with- must be removed ‘‘. . . within 60 cal- Senator has made an exception in his draw the forces because of an armed at- endar days after a report is submitted amendment. I believe that all military tack against the United States. or is required to be submitted pursuant deployments, subject to the exceptions In addition, the President may ex- to section 4(a)(1). . . .’’ unless one of laid out in the War Powers Resolution tend this time period by 30-days if he the actions I mentioned earlier has oc- including peacekeeping operations, certifies in writing to the Congress curred. should receive authorization of the that it is unsafe to withdraw the forces As the clock draws closer to mid- Congress. And, since there currently is at the end of the 60 days. night today, the sixtieth day, our no peace to keep in Kosovo—and in fact Sixty days have come and gone, Mr. troops are performing admirably under NATO continues air strikes to this President, and none of these things has hostile conditions. But time has almost day—I hope that the Congress will de- happened. run out on the President to fulfil this fine the parameters of such an excep- The Congress has not declared war, legal obligations under the War Powers tion more specifically. nor has it authorized this action. Resolution. Mr. President, today is May 25, 1999, The Congress has not extended the Despite the fact that many in Con- and in the context of the Senator’s 60-day time period. gress oppose the current air campaign, amendment I want to take the oppor- The United States has not been at- and despite the fact that our troops tunity to remind the Senate of the sig- tacked. will soon be participating in this cam- nificance of today’s date. The President has not certified in paign in violation of the War Power Exactly 62 days ago, U.S. forces, as writing to the Congress that an addi- Resolution, members of this body last part of a NATO force, began air strikes tional 30 days are necessary to ensure week adopted a massive spending pack- against the Federal Republic of Yugo- the safe withdrawal of our troops. age in support of a military action that slavia. As my colleagues know, I voted many of them oppose. I support fully Today marks the expiration of the 60- against the ongoing NATO air strikes our efforts to give our men and women day time period after which the Presi- against the FRY, and I am deeply trou- in the field everything they need to dent—under the provisions of the War bled that U.S. participation in them maximize their chances of success and Powers Resolution—is required to continues despite the fact that Con- to minimize the risks they face. withdraw our Armed Forces from their gress was divided on whether to au- Still, I voted against that package, participation in the air strikes against thorize them. In addition, the resolu- both because of my continuing concern the Federal Republic of Yugoslavia. tion which this body adopted and on over our unauthorized military in- Exactly 60 days ago—48 hours after which the other body deadlocked was volvement in the FRY and because of the air strikes began—the President not a joint resolution that would have the non-emergency spending that was was required under section 4(a)(1) of authorized the military action, by law. jammed into the so-called emergency the War Powers Resolution to submit a No, Mr. President, S. Con. Res. 21 is bill. detailed report to the Congress regard- a sense-of-the-Congress resolution that So we are not at a critical juncture, ing the actions he ordered our troops does not carry the force of law. Mr. President. The Congress has voted to take. The Senate also considered a joint to fund a military mission that it has No such report has been submitted. resolution offered by the Senator from not authorized, and the President has Rather, the Congress was notified of Arizona [Mr. MCCAIN] which, if adopted signed this bill even though he knows, the U.S. participation in the NATO air by both Houses of Congress, would have as we know, that the continued partici- strikes by a letter from the President given the President the specific statu- pation of our troops in this mission is that he says is—‘‘consistent’’—with the tory authorization required under the in violation of the War Powers Resolu- War Powers Resolution.’’ War Powers Resolution to continue the tion. ‘‘Consistent’’ or not, I do not believe use of our Armed Forces in the action One way or the other, consistent with that the President’s letter satisfies the against the FRY. In fact, Mr. Presi- the safety of our troops, it is time for requirements of the War Powers Reso- dent, that sweeping resolution would the President to comply with the War lution. Nevertheless, in my view, the have allowed the President to expand Powers Resolution by seeking—and War Powers Resolution stands as the this participation as he saw fit. While I gaining—the legal authorization of law of the land, and the President opposed this resolution, I am pleased Congress to continue this war, or by should comply with it. So it follows, that the Senate debated it and voted withdrawing our forces. then, that if the President fails to on it as we unequivocally were obliged The PRESIDING OFFICER. Who withdraw our troops by midnight to- to do under the War Powers Resolu- yields time? The Senator from Penn- night—and of course it is clear that tion. sylvania. they will remain in the region long I am afraid that the debate and votes Mr. SPECTER. Mr. President, I have after the clock strikes twelve—the on the participation of the United not had an opportunity to read the let- President will be in violation of the States in Kosovo both here in the Sen- ter from the President to the Speaker. provisions of the War Powers Resolu- ate, as well as in the other body, re- It goes far short of the kind of commit- tion. flect the fact that there is no con- ment that has been represented—hon- I find it disturbing that this impor- sensus in the Congress or in the coun- estly represented. But the letter says tant date of May 25 will come and go try with regard to what we have al- in pertinent part: ‘‘I can assure you May 25, 1999 CONGRESSIONAL RECORD — SENATE S5927 that I will fully consult with the Con- then he would come before the Con- The PRESIDING OFFICER. Who gress’’, which doesn’t amount to a gress prior thereto and get legislative yields time? The Senator from Vir- whole lot. And then another line, ‘‘I approval. ginia. would ask for congressional support be- I believe very strongly that this Mr. WARNER. Mr. President, I thank fore introducing U.S. ground forces amendment would put this bill in se- my colleague for that strong state- into Kosovo into a nonpermissive envi- vere jeopardy in terms of getting it ment. I am certainly of the same view. ronment’’. signed, and that the President and his Mr. President, I ask unanimous con- The language of support here again principal advisers have in the past and sent that when all time is used on the goes far short of committing to con- again today advised the Congress that pending Specter amendment, the gressional authorization such as is con- the President is prepared to deal with amendment be temporarily set aside tained in this amendment. the spirit of this amendment and to with a vote occurring on or in relation I yield the floor. come before the Congress and seek its to the amendment—there will be a ta- I ask how much time I have left. formal concurrence by legislative ac- bling motion. The PRESIDING OFFICER. Thirty- tion should he and other NATO allies Mr. SPECTER. Reserving the right in the future make a decision to depart five minutes 30 seconds. to object, will the Senator repeat that? from the present policy. Mr. SPECTER. I thank the Chair. Mr. WARNER. Let me repeat it in its The PRESIDING OFFICER. The Sen- I have just been handed a modifica- tion. It is one that the Senator from entirety. I have not asked unanimous ator from Virginia. consent. Mr. WARNER. Mr. President, on that Pennsylvania and I have discussed. I I ask unanimous consent that when point, we have been conducting a meet- don’t know if my colleague has had an all time is used on the pending Specter ing for almost an hour in S–407, at- opportunity to see it. amendment, the amendment be tempo- tended by the Secretary of State, the If there are other Senators who wish rarily set aside with a vote occurring Secretary of Defense, and the National to speak, I need time within which to on or in relation to the amendment fol- Security Adviser to the President, Mr. consider this modification. Unless lowing the debate on the Gramm Berger, and the Chairman of the Joint other Senators seek recognition, I sug- amendment. Chiefs. In the course of their presen- gest the absence of a quorum. The PRESIDING OFFICER. The That is the time sequence. As I have tations to some 40-plus Senators, in re- clerk will call the roll. indicated, I will move to table the Sen- sponse to questions and in direct pres- The assistant legislative clerk pro- ator’s amendment. entation, they reiterated that the ceeded to call the roll. President will formally come before The PRESIDING OFFICER. Without Mr. ROBB. Mr. President, I ask unan- objection, it is so ordered. the Congress and ask for any changes imous consent that the order for the he deems necessary involving ground Mr. WARNER. For the information of quorum call be rescinded. all Senators, the Gramm amendment troops before he would implement or The PRESIDING OFFICER. Without will be presented with a 11⁄2-hour time agree to implement with other NATO objection, it is so ordered. Who yields agreement. Following that debate, the nations such a plan. That has just been time? stated on two occasions up in S–407. Mr. WARNER. Mr. President, I yield Senate will proceed to two stacked There was no equivocation. It was very to the Senator 3 or 4 minutes. votes, first on the Specter amend- clear in their declaration on behalf of Mr. ROBB. I thank my distinguished ment—and we have to reserve in here the President. I acquainted them with senior colleague. One minute will be the amending of that amendment, the amendment which is now being de- sufficient because I know the chairman which could be amended—to be fol- bated on the floor of the Senate. of the committee is about to make a lowed by a vote on the Gramm amend- Earlier indications from the Sec- unanimous consent request. ment. retary of Defense to me today were I state to my good friend from Penn- So we just have the sequencing of the that should this amendment as drawn sylvania, I am very much opposed to debate, sequencing of the votes. And we now appear in a conference report, it this amendment. I cannot imagine a will momentarily, Senator LEVIN and would be the recommendation of the modification of this amendment that I—I am prepared to accept the amend- Secretaries of State and Defense to would cause me to be supportive. We ment as amended. The Senator is wait- veto. have already debated this essential ing for just one Senator to get concur- I am pointing out to the Senate that question twice. rence. again we revisit many, many times Congress has the power to declare So we have the unanimous consent in this whole war powers concept. We ac- war. If we are concerned about con- place. I have given information to the sultation with the executive branch, as knowledge that both Republican Presi- Senate with respect to the sequencing we speak consultation is taking place dents and Democrat Presidents have of the Gramm amendment. up in S–407 in a classified briefing absolutely steadfastly refused to com- Mr. SPECTER. Reserving the right where the Secretary of Defense, the ply with the letter of the law, but they to object, I ask my colleague from Vir- Secretary of State, the National Secu- have complied with the spirit of the ginia to insert 2 minutes on each side rity Adviser and the Chairman of the to argue in advance of the vote. law. Joint Chiefs of Staff have been briefing In this instance, the President has Mr. WARNER. I have certainly no ob- all Senators on what is taking place, jection to that. indicated to the Senate in that letter— what has taken place, what will take The PRESIDING OFFICER (Mr. and just now in the briefings by his place and have again reaffirmed the in- SMITH of Oregon). Is there objection to principal Cabinet officers—that he tention of the President to consult the request as modified? Without ob- would formally—I use the word ‘‘for- with the Congress before any change, mal’’ to clarify—come to the Congress particularly with respect to the imple- jection, it is so ordered. and request their concurrence for any mentation of any particular plan that The PRESIDING OFFICER. Do Sen- departure from his preposition. That might involve the commitment of ators yield back their time on the preposition was just moments ago re- ground troops, takes place. pending amendment? Who yields time stated by Secretaries Cohen and With that, Mr. President, I ask our on the pending amendment? Albright in response to my question, colleagues to look very seriously at the Mr. WARNER. Mr. President, does which was, question No. 1, to allow me long-term implications. Think of the Senator SPECTER want to reserve his to return to the floor with regard to kind of message this sends to time, and I will reserve my time, and any nonpermissive force being put in Milosevic. Think of the kind of mes- then we can proceed to the Gramm place, which I favor, by the way, to sage this sends to our 18 alliance part- amendment and come back to Senator send a signal. They said that would not ners, if we were to continue to try to SPECTER’s amendment? I am sure he be done. The President has no inten- take this type of action on the floor of will allow that. tion of doing it, nor do the NATO al- the Senate. Mr. SPECTER. That is agreeable. We lies. And should the President decide at Mr. President, I urge a rejection of will take up the Gramm amendment some later date, for whatever reason, this particular amendment and I yield now and then come back with the time to begin to preposition such forces, the floor. I have reserved at that time. S5928 CONGRESSIONAL RECORD — SENATE May 25, 1999 Mr. WARNER. And the time under applies to only defense procurement. remark was that prisoners worked and the control of the Senator from Vir- But while its focus has narrowed, its they worked hard. They helped pay for ginia, jointly shared with Senator impact on the work system within our the cost of incarceration by working, LEVIN. prisons remains very broad. and they produced things. Those prod- Mr. SPECTER. May the Record show I remind my colleagues that we took ucts were sold on the open market in I have made a request for a modifica- up this issue on July 10 of 1997. There many cases. So the first obligation for tion of the amendment and I will send was a vote at that time, and 62 Mem- feeding prisoners and incarcerating a copy of the requested modification to bers—61 of whom are still Members of prisoners was borne not by the tax- the desk. I have already provided it to the Senate—voted on this issue on a payer but by the prisoner and, as de the Senator from Virginia and the Sen- different day in a slightly different Tocqueville argues, I think quite im- ator from Michigan. version. But the thrust of the issue, in pressively in the book and in the quote The PRESIDING OFFICER. Is there terms of procurement from the Federal I used, prisoners actually benefited objection to the modification of the prison industry system, is and was ba- from labor because of the extreme time? sically the same. boredom of being incarcerated with Mr. LEVIN. Reserving the right to Let me set out what I want to do in nothing to do. This was the norm in object and we will have to object— my opening statement. I want to try to America from the 1830s, when Alexis de The PRESIDING OFFICER. Modi- explain the problem in historical con- Tocqueville wrote, for 100 years, until fying the time? text, and I want to begin with Alexis de the 1930s. What happened in the 1930s was that Mr. LEVIN. The Chair just asked if Tocqueville. Then I want to come to we passed a series of laws driven by there is objection to the modification. the Depression, which was really fork special interests, principally labor and The PRESIDING OFFICER. Modifica- in the road with regard to prison labor business, and you cannot get bigger tion of the time. Is there objection to in America. I want to talk about the special interests than that. These laws the modification? Without objection, it fork we took, the wrong fork in my consisted basically of the following is so ordered. opinion. I want to talk about how the laws: the Hawes-Cooper Act which au- Mr. GRAMM addressed the Chair. Levin amendment fits into the system thorized States to ban commerce in The PRESIDING OFFICER. The Sen- which has evolved since then. I want to talk about why this provision by Sen- prison-made goods within their bor- ator from Texas. ders; the Sumners-Ashurst Act which Mr. GRAMM. Mr. President, just so ator LEVIN, which Senator HATCH and Senator THURMOND and I hope to strike made it a Federal crime to transport everybody can figure out when we are prison-made goods across State lines; likely to vote, how much time remains from the bill, is so devastating to the prison industry system in America and and then another provision that said on the Specter amendment? not only can you not sell what pris- The PRESIDING OFFICER. The Sen- why that, in turn, is harmful to every taxpayer, to every victim of crime, to oners produce, not only can you not ator from Pennsylvania has 51⁄2 min- everyone who wants prisoners rehabili- transport it for sale, but if you do force utes, and the Senator from Virginia prisoners to work, you have to pay has 3 minutes 20 seconds. tated when they go back out on the street. In fact, there is no good argu- them the union scale set by the local Mr. GRAMM. Mr. President, hope- union. fully, we can beat this 90-minute time ment, it seems to me, when you fully understand this issue, for the Levin Guess what the result of those three limit and have this debate more quick- laws was. The result of those three ly. amendment. I then want to talk in some detail about each of these items laws was that we destroyed the great- AMENDMENT NO. 392 and then, obviously, at that point we est prison industry system that the (Purpose: To delete language which the De- will begin the debate. world had ever known. We destroyed partment of Justice has stated would Let me start with de Tocqueville. As that prison system by eliminating our ‘‘. . . seriously undermine the safety and ability to force people in prison to security of America’s federal prisons’’) many of my colleagues will remember, de Tocqueville came to America in the work; and in doing so, force them to Mr. GRAMM. Mr. President, I send 1830s. He wrote a book that has become pay for part of the cost of their incar- an amendment to the desk for myself, the greatest critique of America ever ceration; and we eliminated our ability Senator HATCH, and Senator THURMOND written—‘‘Democracy in America.’’ We to collect from them part of what they and ask for its immediate consider- forget that de Tocqueville came to would earn working in prison or what ation. America not to study democracy but to would be earned by their work to pay The PRESIDING OFFICER. The study prisons. In fact, he wrote a book for restitution to victims of crime. What was left after we destroyed the clerk will report. on prisons, together with a fellow ability of American prisons to force The legislative assistant read as fol- named Beaumont. We have forgotten prisoners to work was the ability of lows: Beaumont, but we remember de prisoners to produce things that were The Senator from Texas (Mr. GRAMM), for Tocqueville. used by Government. As a result, we himself, Mr. HATCH, and Mr. THURMOND, pro- In his analysis of American prisons, poses an amendment numbered 392. which were very much studied in the now find ourselves in a situation where we have 1,100,000 Americans in prison. Mr. GRAMM. Mr. President, I ask 1830s because they were part of the They are almost all male. They are al- unanimous consent that the reading of most enlightened prison system in the most all of prime working age. We the amendment be dispensed with. world, de Tocqueville praised at great spend $22,000 a year keeping people in The PRESIDING OFFICER. Without length the fact that we required Amer- prison, which is nearly the cost of objection, it is so ordered. ican prisoners to work. In that period, sending somebody to the University of The amendment is as follows: prison labor of 12 hours a day, 6 days a Chicago or to Harvard, and the cost of week was the norm. De Tocqueville On page 284, strike all on line 7 through keeping Americans in prison costs the line 14 on page 286. says in his analysis on American pris- average American taxpayer $200 a year ons: Mr. GRAMM. Mr. President, Senator in taxes—just to keep people in prison. LEVIN and I every year or two have this It would be inaccurate to say that in the The impact of the Levin amend- debate. It is well known. We have de- Philadelphia penitentiary labor is imposed. ment—I am sure he is going to gild this We may say with more justice that the favor bated it before. People have voted be- lily with lots of gold around the fore. In fact, 61 Members of the Senate of labor is granted. When we visit this peni- tentiary, we successively conversed with all edges—but the impact of his amend- voted with me 2 years ago to substitute its inmates. There was not a single one ment is to take another major step in a study for the Levin amendment. among them who did not speak of labor with destroying prison labor in America. Let me add, the amendment is a lit- a kind of gratitude and who did not express What his bill would do is, for all prac- tle different than it was then. The the idea that without the relief of constant tical purposes, take away about 60 per- thrust of it is basically the same. Two occupation, life would be insufferable. cent of the work that Federal prisoners years ago, the Levin amendment ap- The principal characteristic of the do now. plied to all procurement related to the American prison system in the age There are, obviously, two sides to prison industry system. This year, it that Alexis de Tocqueville wrote that these arguments. You can argue that May 25, 1999 CONGRESSIONAL RECORD — SENATE S5929 when people are working in prison that If there is anything we know about But when you have page after page of there is someone else who might ben- the Federal prison work system, and acquisition rules that say we pay in- efit from getting the job if the prisoner about the work system in States, it is flated prices to buy things domesti- were not working. It is hard to make that working is an important part of cally rather than buying them on the that argument in America today when rehabilitation. I personally would sup- world market, it is hard to suddenly be we have the lowest unemployment rate port proposals that would force every concerned about competition in prices in 30 years and when, in towns like my able prisoner in America to work. I with regard to prison-made goods. hometown of College Station, college would like them to work 10 hours a This is not about competition. This students go out and relax after classes day, 6 days a week, and go to school at is about using a resource we have with and impressment gangs come and vir- night. But I know with the vested in- 1.1 million people in prison. tually knock them in the head and terest that is built up against that, Now, having said that, the GAO re- drag them off to a factory. So if there that we cannot succeed in changing it cently did a study of the Federal Pris- ever was an argument here that we today. I hope we will someday. But I do on Industries of 20 different products needed to take away prison work to not want to destroy what we have now. that were bought by the Defense De- protect American jobs, it is very hard Let me talk about recidivism. partment. What the GAO concluded to make that argument in May of 1999. In South Carolina—and you are going was the Federal Prison Industries But here is the system we have now. to hear from the distinguished former prices were within the market range We have a system called Federal Pris- chairman of the Armed Services Com- for virtually every product that was on Industries where the Federal Gov- mittee, Senator THURMOND, a very ac- bought by the Defense Department. So ernment has work programs for pris- tive member of the Judiciary Com- it is true that in the strictest terms, oners. It pays them a very small incen- mittee. In South Carolina, the prob- we don’t have competitive bidding on tive payment. It withholds about 20 ability that a person who serves in a goods produced in prison, but we have percent of that payment as restitution penitentiary in South Carolina, when market surveys. We have negotiations to victims of the crimes they have they will be released, will ever come between the Defense Department and committed. It produces component back into a State or Federal peniten- the prison, and we have a simulation of parts for various things used by the tiary again is 17 times higher for those what the market system would look like if you had a competitive bidding Government. It produces furniture, it who did not work while they were in system. produces some electronic components. prison than it is for those who did work Through this system, we have about Also, the Department of Defense In- in prison. Part of the reason is that spector General recently completed a 20,000 Federal prisoners who work. people acquire skills in working that Under this amendment, about 60 per- study of the Federal Prison Industries allow them to go out into the private prices and concluded that DOD could cent of that work would be taken sector and get a job when they get out away. Not only do I oppose this amend- have saved millions of dollars by buy- of prison. ing more items from the Federal Pris- ment, but the administration, in its In Florida, the probability that a per- Statement of Administration Policy on on Industries if it had bought more son in prison, when they are released, items from them rather than buying this defense bill, on page 3, ‘‘Federal will ever come back to prison is three Prison Industries Mandatory Source them in the open market. times as high for people who did not Now, let me remind my colleagues— Exemption,’’ opposes the Levin amend- work while they were in the peniten- I know Senator THURMOND is here and ment. tiary in Florida as it is for those who I have a letter here from the Attor- is very busy; I want to give him an op- did work while they were in the peni- portunity to speak—that 2 years ago, ney General. Among other things, she tentiary in Florida. when we debated this same issue in a says: For Wisconsin, it is twice as high; for slightly different form with the thrust I am extremely concerned about this legis- Kentucky, it is almost twice as high. identical, I offered a substitute amend- lation because it could have a negative im- In the Federal system, the recidivism pact on [the Federal Prison Industries], ment that mandated a study be done rate, the chances that someone will by the Department of Defense and by which is the Bureau of Prisons most impor- come back to Federal prison, after hav- tant, efficient, and cost-effective tool for the Federal Prison Industries and De- managing inmates and for preparing them to ing been released, is 24 percent lower partment of Justice. That study has be productive, law abiding citizens upon re- for those who participate in work pro- just been completed, and it was re- lease from prison. grams. We have estimates that a 10- ported to the Armed Services Com- I also have a letter from the National percent reduction in recidivism rates mittee and then to Members of the Center for Victims of Crime. And they would lower the overall social cost of Senate. I draw my colleagues’ atten- say, among other things: crime and incarceration by $6.1 billion. tion to page 4 of the executive sum- Dollars that go to the crime victims So another strong argument against mary to the conclusions that were through the [Federal Prison Industries] pro- the Levin amendment is that we have reached in the study. gram are coming out of criminal offenders’ hard data, not just from the Federal The question was what recommenda- pockets—the notion that the offender must Government, but from many States, tions did they have as to changes we be held accountable and pay for the harm that indicate conclusively if people might make in current law with regard caused by crimes he [or] she committed is at work when they are in prison, the prob- to the Defense Department buying the heart of jurisprudence. Crime victims ability that they will go out and com- things produced in Federal prisons. often tell us that the amount of restitution mit another crime that will get them an offender pays is far less important to They concluded, the recommendations them than the fact that their offender is sent back to prison is substantially, can be made within existing statutory paying restitution. Financial assistance markedly lower if they work than if authority and will not require legisla- from offenders has a tremendous healing and they do not work. tive action. Department of Defense and restorative power for criminal victims. You are going to hear Senator LEVIN Federal Prison Industries say they be- No. 1, the administration opposes the argue that, well, this is not price com- lieve that implementing the rec- Levin amendment, supports our effort petition. And it is not. Let’s make it ommendations will improve the effi- to knock it out of the bill. The Attor- clear, this is not a competitive issue. I ciency and reduce the cost of procure- ney General, the Director of Federal would defy anyone to pick up this de- ment transactions between the two Prisons, and the National Center for fense authorization bill and hold it out agencies. Implementation of the ad- Victims of Crime all oppose this as a paragon of virtue in terms of de- ministrative actions should facilitate amendment. They all oppose it basi- fense procurement efficiency. The de- and enhance the working relationship cally for the same reason; and that is, fense procurement system is full of between the two agencies. it will end up raising the cost of incar- protectionism and special interests, So in short, 2 years ago when we de- ceration. It will end up lowering the where we give all kinds of special deals bated this issue and we decided to amount of restitution going to victims. to all kinds of producers in selling study the problem that was raised by It will idle prisoners, and you do not things to the Defense Department. Senator LEVIN, we had that study com- get rehabilitated sitting around in air- I say competition in procurement is a pleted jointly by the Defense Depart- conditioning watching color television. good thing. I swear by it. I support it. ment and the Department of Justice, S5930 CONGRESSIONAL RECORD — SENATE May 25, 1999 the Federal Bureau of Prisons, and LEVIN. This provision could endanger Indeed, the Administration strongly they have concluded that they should Federal Prison Industries or UNICOR, opposes the Levin provision. The State- undertake a modernization system, but which is the most important inmate ment of Administration Policy on S. they do not need any legislative au- program in the Federal Bureau of Pris- 1059 explains that this provision thority to do it. ons. ‘‘would essentially eliminate the Fed- I urge my colleagues to remember, if To protect our citizens, America is eral Prison Industries mandatory we adopt this amendment and we kill placing more and more dangerous and source with the Defense Department. off 60 percent of the remaining prison violent criminals in prison. Indeed, one Such action could harm the FPI pro- labor in America, we are going to spend of the main reasons crime rates in gram which is fundamental to the secu- more money to incarcerate prisoners. America are going down is because the rity in Federal prisons.’’ We are going to have less money go to number of criminals we are putting be- FPI does not have an advantage over victims. We are going to have a higher hind bars is increasing. The Bureau of the private sector. Although inmates recidivism rate as people come out of Prisons has an extremely important make less money than other workers, prison and commit crimes again. And and complex task in housing and, to FPI must deal with many hidden costs the net result will be that we will have the extent possible, rehabilitating and constraints that do not apply to taken work that was being done in these inmates. FPI is critical to this the private sector. prison, and we will have put it into the task. Working inmates must be closely su- private sector. But in a period when we Prisoners must work. Idleness and pervised, adding to labor costs, and ex- have an acute labor shortage and in a boredom in prison leads to mischief tensive time-consuming security proce- period when we have 1.1 million people and violence. FPI keeps inmates pro- dures must be followed. For example, in prison, 1 percent of the labor force, ductively occupied, which helps main- when inmates go to work, they must it makes absolutely no sense, it is de- tain the safety and security for staff, pass through a metal detector and structive of our criminal justice sys- other inmates, and the law-abiding check their tools in and out, even if tem to destroy the remnants of prison public outside. they just leave for lunch. labor. Moreover, prisoners who work in FPI While the private sector often spe- I remind my colleagues that when develop job skills and learn a work cializes in certain products, FPI by law you bring Senator THURMOND, Senator ethic. As a result, they adjust better in must diversity its product lines to less- HATCH and myself into an alliance with prison and are better prepared to be- en its impact on any one industry. the administration, into an alliance come productive members of society Also, the private sector tries to keep with Janet Reno, the Attorney Gen- when they leave. labor costs low, while FPI inten- eral, and then you have the support of Mr. President, the program works. tionally keeps its factories as labor-in- victims’ rights groups all over the Studies show that inmates who worked tensive as possible. Moreover, inmate country, that is a pretty broad coali- in Prison Industries are 24 percent workers generally have little education tion. What each and every one of these more likely to find and hold jobs and and training and often have never held entities is saying is, do not kill off remain crime-free after they are re- a steady job. Indeed, the productivity prison labor. leased. Inmates in FPI are more likely rate of an employee with the back- When we have 130 million Americans to become responsible, productive citi- ground of an average inmate has been who go to work every day and struggle zens. estimated at one-fourth that of a civil- to make ends meet, I do not under- I am very concerned that section 806, ian worker. stand what is wrong with forcing pris- the Levin provision, could threaten FPI is not used for every Federal pur- oners to work. I want prisoners to this essential program. FPI may sell chase. In fact, it only constitutes a work. It is good for them. It is good for its products only to Federal agencies, small minority. If a customer does not the taxpayer. It is good policy, and we and the Department of Defense rep- feel that FPI can meet its delivery, should not allow that system to be de- resents almost 60 percent of its sales. price, or technical requirements, then stroyed. Yet, the Levin provision would make it the customer can request a waiver of I reserve the remainder of my time, much easier for Defense purchasers not the mandatory source. Last year, 90 but I yield whatever time he might to use FPI based on a very vague and percent of waiver requests were ap- need to our distinguished colleague, nuclear standard. Further, this provi- proved, generally within four days. Senator THURMOND, who today was rec- sion would eliminate entirely the man- Moreover, some private businesses ognized for the 75th anniversary of datory source preference for any De- depend on FPI for their existence. FPI being commissioned an officer and a fense order under $2,500. Purchases purchased over $418 million in raw ma- gentleman in the U.S. Army. For 75 under this amount account for 78 per- terials and component parts from pri- years, three quarters of a century, Sen- cent of FPI orders. Also, the amend- vate industry in 1998. Contracts for ator THURMOND has borne that commis- ment would exempt Defense purchases such purchases are awarded in nearly sion to uphold, protect and defend the in a wide range of telecommunications every state, and more than half go to Constitution against all enemies, for- or information systems under the small businesses. eign and domestic, and whether it was broad name of national security. This Further, Prison Industries helps on D-Day in Normandy or whether it could be very harmful to FPI’s produc- crime victims recover the money they was on the Supreme Court of South tion of electronic products. are due. The program requires that 50 Carolina or whether it was Governor or Drastic changes of this nature are percent of all inmate wages be used for whether it is our most distinguished not warranted, as even the Department victim restitution, fines, child support, Member of the Senate, STROM THUR- of Defense recognizes. The DoD and or other court-ordered payments. Last MOND is truly a man to hold against the BoP have just completed a joint study year, FPI collected nearly $2 million mountain and the sky. that we ordered in a previous Defense for this purpose. I yield whatever time he might need Authorization Bill. In a survey taken The Levin provision falls within the to Senator THURMOND. as part of the study, DoD customers jurisdiction of the Judiciary Com- The PRESIDING OFFICER. The Sen- generally rated FPI in the good to ex- mittee and should be evaluated there. ator from South Carolina. cellent or average ranges in all cat- Indeed, my Judiciary Subcommittee on Mr. THURMOND. Mr. President, I egories, including price, quality, deliv- Criminal Justice Oversight held a hear- thank the able Senator from Texas, ery, and service. As the report states, ing yesterday on Prison Industries. We Mr. GRAMM, for the magnificent re- the working relationship between FPI discussed in detail the importance of marks he made on this important sub- and DoD remains strong and vital. the program and how damaging the ject and also thank him for the kind The study concludes that no legisla- changes we are considering in this bill remarks he made about me. tive changes are warranted in Defense could be. I rise in strong support of the amend- purchases from FPI. It made some rec- FPI is a correctional program that is ment to strike section 806 of S. 1059, ommendations for improvements that essential to the safe and efficient oper- the Defense Authorization Act, which are currently being implemented. We ation of our increasingly overcrowded was added in Committee by Senator should give the study time to work. Federal prisons. While we are putting May 25, 1999 CONGRESSIONAL RECORD — SENATE S5931 more and more criminals in prison, we about that! That sounds like a good The PRESIDING OFFICER. The Sen- must maintain the program that keeps deal to me. ator has 4 minutes 20 seconds. them occupied and working. Mr. President, a somewhat similar Mr. HATCH. Mr. President, I rise to Mr. BYRD addressed the Chair. amendment was offered to the Defense speak in support of this amendment, The PRESIDING OFFICER. The Sen- Authorization Bill for Fiscal Year 1998. which I am pleased to cosponsor. I con- ator from West Virginia is recognized. The Senate instead adopted a sub- gratulate Senators GRAMM, THURMOND, Mr. BYRD. Mr. President, I am au- stitute amendment offered by the dis- and BYRD for their excellent state- thorized by Senator LEVIN to speak at tinguished senior Senator from Texas ments on this matter, and for their this time. But I am going to ask Mr. (Mr. GRAMM), which required a joint leadership on this issue. GRAMM if he will yield me some time. study by the Department of Defense This amendment strikes section 806 Mr. GRAMM. Mr. President, I yield and FPI on this matter. That study has of the bill, a provision that would effec- 10 minutes to the distinguished Sen- recently been completed and trans- tively eliminate the Department of De- ator from West Virginia. mitted to the Senate Armed Services fense purchasing preference for prod- Mr. BYRD. I thank the Senator. Committee. The joint study made sev- ucts supplied by Federal Prison Indus- Mr. President, the distinguished eral recommendations that could be tries (FPI), also known by its trade ranking member, Mr. LEVIN, knew my accomplished within existing author- name of UNICOR. position on this matter, but he accom- ity, without requiring legislative ac- FPI is the federal corporation modated me by suggesting that I might tion. charged by Congress with the mission proceed at this time while he is away In summary, I am opposed to section of training and employing federal pris- from his chair. I thank the distin- 806 to the Defense authorization bill on inmates. guished Senator from Texas for yield- because it is unwarranted, and not only For more than 60 years, this correc- ing time to me. is it unwarranted, but it would have a tional program has provided inmates I am strongly opposed to the inclu- debilitating effect on Federal Prisons with the opportunity to learn practical sion of section 806 in the fiscal year Industries. This is a matter within the work habits and skills. It has enjoyed 2000 Defense authorization bill. This jurisdiction of the Senate Judiciary broad, bipartisan support in Congress section would substantially undermine Committee and should not be included and from each Republican and Demo- Federal Prison Industries—the Bureau in this bill. crat administration. An important part of Prisons’ most important skill-devel- Mr. President, I ask unanimous con- of this support has been the coopera- oping program for inmates. sent that the Statement of Administra- tive relationship between FPI and the I believe that this matter should not tion Position on Section 806 of the De- Department of Defense—a relationship be included in the defense authoriza- fense authorization bill be printed in that has helped supply our armed tion bill. It is a matter that is being the RECORD at this point. forces in every war since 1934. FPI is an irreplaceable corrections considered by the Senate Judiciary There being no objection, the mate- program. FPI and its training pro- Committee. I am advised that the rial was ordered to be printed in the RECORD, as follows: grams at federal prisons across the na- Criminal Justice Oversight Sub- tion have been credited with helping to committee of the Senate Judiciary STATEMENT OF ADMINISTRATION POSITION ON SECTION 806 OF THE DEFENSE AUTHORIZA- lower recidivism and ensuring better Committee, chaired by the senior Sen- TION BILL (S. 1059) job-related success for prisoners upon ator from South Carolina, Mr. THUR- FEDERAL PRISON INDUSTRIES MANDATORY their release—a result that all of us ap- MOND, conducted an oversight hearing SOURCE EXEMPTION plaud. on this matter on May 24—yesterday. The Administration opposes Section 806 Finally, FPI is an essential tool for The Attorney General of the United which would essentially eliminate the Fed- ensuring a safe and secure correctional States, in a letter addressed to the eral Prison Industries (FPI) mandatory environment for staff, guards, and in- chairman of the Senate Judiciary Com- source with the Defense Department. Such mates in the federal prison system. mittee, has indicated that she is con- action could harm the FPI program which is fundamental to the security in Federal pris- Simply put, FPI keeps inmates produc- cerned about this legislative provision. tively occupied. And since the limited The Attorney General’s letter asserts ons. In principle, the Administration be- lieves that the Government should support number of FPI jobs are coveted by in- that the legislative provision would competition for the provision of goods and mates, getting and keeping these jobs have a negative impact on Federal services to Federal agencies. However, to en- are important incentives for good be- Prison Industries, sure that Federal inmates are employed in havior by inmates. . . . which is the Bureau of Prisons’ most sufficient numbers, the current mandatory These are important considerations important, efficient, and cost-effective tool source requirement should not be altered as the federal inmate population con- for managing inmates and for preparing until an alternative program is designed and tinues to rise. In the last ten years, the put in place. Finally, this provision would them to be productive, law-abiding citizens federal inmate population has more upon release from prison. only address mandatory sourcing for the De- fense Department, without regard to the rest than doubled, from 51,153 in 1989 to I am also advised that the adminis- of federal government. 108,207 in 1998. As Philip Glover, Presi- tration has taken a strong position in Mr. BYRD. Mr. President, I again dent of the Council of Prison Locals, opposition to section 806 because of the thank the distinguished Senator from AFGE, testified before the Judiciary harm it would do to the FPI program, Texas, Mr. GRAMM, and I likewise ex- Committee yesterday, ‘‘We cannot af- which is fundamental to the security in press my appreciation to the distin- ford to simply warehouse inmates.’’ Federal prisons. The administration guished Senator from Michigan, Mr. Any corrections officer will tell you believes that to ensure Federal inmates LEVIN, for his leadership overall on this that the most dangerous inmate is the are employed in sufficient numbers, bill. He is very dedicated, very able, idle inmate. Idleness breeds frustra- the current mandatory source require- and he works very hard. I am proud to tion, and provides ample time to plan ment should not be altered until an ef- serve with him on the Armed Services mischief—a volatile combination. Yet, fective alternative program is designed Committee. But in this case, I regret despite the references to the costs im- and put into place. that I have to oppose his position. posed by FPI by my colleagues who op- Mr. President, in the State of West Mr. President, I yield the floor. pose this amendment, I have heard no Virginia there are three Federal pris- The PRESIDING OFFICER. Who one suggest how the taxpayers will pay ons—the Federal prison at Alderson, yields time? for the new prison programs and the the Robert C. Byrd Federal Correc- Mr. BYRD. Mr. President, I yield the additional prison guards that might be tional Institution at Beckley, and the remainder of my 10 minutes that was needed if FPI factories are forced to Robert F. Kennedy Prison at Morgan- yielded to me from that side to Mr. close. town. And each of these has an FPI op- HATCH, if I may ask unanimous con- Section 806 of this bill, which our eration. At these three Federal prisons sent. amendment strikes, puts the FPI pro- alone, the Bureau of Prisons is able to The PRESIDING OFFICER. Without gram at substantial risk, and would keep more than 500 inmates produc- objection, it is so ordered. certainly result in the shuttering of tively occupied, and employ nearly 40 Mr. HATCH. I thank the President some FPI factories. Section 806 ex- staff at no cost to the taxpayer. How and I thank the Senator. empts from the FPI mandatory source S5932 CONGRESSIONAL RECORD — SENATE May 25, 1999 requirement products priced below sector business operates under these Just last month, this study was de- $2,500, products integral to or embed- competitive disadvantages. livered to Congress. Interestingly, the ded in another product not made by The average federal inmate is 37 report does not support the action pro- FPI, or products which are components years old, has only an 8th grade edu- posed by section 806. To the contrary, of a larger product used for military in- cation, and has never held a steady the Departments of Defense and Jus- telligence or weaponry. Together, these legal job. Some studies have estimated tice jointly concluded that the report’s categories make up over 80 percent of that the productivity of a worker with ‘‘recommendations can be made within DoD’s purchases from FPI. FPI, in this profile is about one-quarter of that existing statutory authority, and will turn, depends on sales to the Pentagon of the average worker in the private not require legislative action.’’ for nearly 60 percent of its business. sector. This is another disadvantage In fact, neither of the Departments Some may reasonably ask, why that, by and large, private companies affected by section 806 support its in- should there be a government procure- do not have to operate under. clusion in this bill. The Administra- ment preference for FPI goods? The an- Finally, FPI is required to diversify tion’s official Statement of Adminis- swer is simply this: when FPI was es- its product line to minimize the impact tration policy is equally clear, stating tablished, in perhaps an unnecessary on any one industry. Moreover, FPI that ‘‘the Administration opposes Sec- effort ensure the program did not af- can only enter new lines of business, or tion 806.’’ fect private sector jobs, FPI was barred expand existing lines, after an exhaus- In summary, either we want Federal tive review has been undertaken to the from selling its products in the com- inmates to work, or we do not. I be- impact on the private sector. Again, mercial market. This is still the law. lieve that we do want inmates to work, this is a restraint that most other busi- Thus, under current law, FPI may sell and therefore I must oppose section nesses do not have imposed on them. 806. I say to my colleagues, if you be- its products and services only to the All of us share the goal of ensuring lieve in maintaining good order and federal government. Section 806 does that FPI does not adversely impact pri- not alter this sales restriction, and I do vate business. FPI has made consider- discipline in prisons, or if you believe not understand the Senator from able efforts to minimize any adverse in the rehabilitation of inmates when Michigan to be supporting such a impact on the private sector. Over the possible, you should support this change. past few years, it has transferred fac- amendment. I agree with those of my colleagues To ensure that FPI has adequate tory operations from multiple factory who believe that we must address the work to keep inmates occupied, con- locations to new prisons, in order to gress created a special FPI ‘‘procure- create necessary inmate jobs without issues raised by prison industries na- ment preference,’’ under which federal increasing FPI sales. FPI has also tionwide. As we continue, appro- agencies are required to make their begun operations such as a mattress re- priately, to incarcerate more serious purchases from FPI instead of other cycling factory, a laundry, a computer criminals in both Federal and State vendors, as long as FPI can meet price, repair factory, and a mail bag repair prisons, productive work must be found quality, and delivery requirements. factory, among others, to diversify its for them. At the same time, we must Section 806 would remove this pro- operations and minimize its impact on ensure that jobs are not taken from curement preference, as it relates to the private sector, while providing es- law-abiding workers. Under the leader- HURMOND, the Judici- the vast majority of sales to the De- sential prison jobs. ship of Senator T partment of Defense. Without this pref- Furthermore, there is substantial ary Committee’s Subcommittee on erence, FPI could be crippled. Again, evidence that FPI actually creates a Criminal Justice Oversight yesterday FPI is not permitted to compete for substantial number of private sector held a hearing on this issue. Witnesses sales in the private market. It may jobs. In FY 1998, thousands of vendors at that hearing urged Congress not to only sell to the federal government, nationwide registered with FPI, and gut FPI without addressing the broader and then only if it can meet price, qual- supplied nearly $419 million in pur- need for productive prison work. ity, and delivery requirements. And chases to FPI. And at the same time FPI is a proven correctional pro- even then, waivers are available. FPI trained and employed 20,200 federal gram. It enhances the security of fed- Nothing short of the viability of Fed- inmates at no expense to the taxpayer eral prisons, helps ensure that federal eral Prison Industries is at issue here. in FY 1998, it also directly supported inmates work, furthers inmate reha- Under full competition for federal con- 4,600 jobs outside prison walls. bilitation when possible, and provides tracts, combined with market restric- Every dollar FPI receives in revenue restitution to victims. Section 806 tions, FPI could not survive. is recycled into the private sector. Out would do immense harm to this highly My colleagues should remember that of each dollar, 76 cents goes to the pur- successful program, and I urge my col- the primary mission of FPI is not prof- chase of raw materials, equipment, leagues to support our amendment to it. The primary mission of FPI is the services, and overhead, all supplied by strike it. safe and effective incarceration and re- the private sector; 18 cents goes to sal- I also ask unanimous consent a letter habilitation of federal prisoners. Need- aries of FPI staff; and 6 cents goes to to me from the Office of the Attorney less to say, FPI operates under con- inmate pay, which in turn if passed General be printed in the RECORD with straints on its efficiency no private along to pay victim restitution, child the accompanying documents. sector manufacturer must operate support, alimony, and fines. Inciden- There being no objection, the mate- under. For example: tally, FPI inmates are required to rial was ordered to be printed in the Most private sector companies invest apply 50 percent of their earnings to RECORD, as follows: in the latest, most efficient technology these costs. OFFICE OF THE ATTORNEY GENERAL, and equipment to increase productivity Thus, while I have some sympathy Washington, DC, May 25, 1999. and reduce labor costs. Because of its for the intent of Senator LEVIN, who Hon. ORRIN G. HATCH, different mission, FPI frequently must sponsored this provision in the bill, I Chairman, Committee on the Judiciary, U.S. Senate, Washington, DC make its manufacturing processes as must join Senator GRAMM in offering DEAR MR. CHAIRMAN: The Fiscal Year 2000 labor-intensive as possible—in order to this amendment to strike Section 806. I Defense Authorization bill that was recently keep as many inmates as possible occu- would like to remind my colleagues reported out of the Armed Services Com- pied. that the Senate has addressed this mittee includes a provision regarding De- The secure correctional environment matter before. Two years ago, Senator partment of Defense (DoD) purchases from FPI in which FPI operates requires ad- LEVIN offered a similar amendment. Federal Prison Industries (FPI). We believe ditional inefficiencies. Tools must be Mr. President, 62 members of the Sen- that the statutory changes required by this carefully checked in and out before and ate voted instead for an amendment of- provision are premature in light of the rec- ommendations of the congressionally man- after each shift, and at every break. In- fered by Senator GRAMM and myself, mate workers frequently must be dated two-year study recently completed by requiring the Departments of Defense the Department of Defense and FPI that ex- searched before returning to their and Justice to undertake a joint study plored the procurement relationship between cells. And FPI factories must shut of the procurement and purchase proc- these two agencies. For the reasons stated in down whenever inmate unrest or insti- esses governing FPI sales to the De- the Deputy Attorney General’s letter (copy tutional disturbances occur. No private partment of Defense. attached), I am extremely concerned about May 25, 1999 CONGRESSIONAL RECORD — SENATE S5933 this legislation because it could have a nega- just the Department of Defense. Therefore, flow of work for the employment of inmates. tive impact on FPI, which is the Bureau of this issue should be reviewed in the broader FPI views the mandatory source status as a Prisons most important, efficient, and cost- context. method of not only maintaining this work effective tool for managing inmates and for If you should have any questions or if we flow but also achieving customer contact preparing them to be productive, law abiding may provide further information about FPI, which reduces competitive advertising costs. citizens upon release from prison. please feel free to contact the Department. FPI does not abuse its mandatory source Federal Prison Industries is first and fore- The Office of Management and Budget has status. If a customer feels that FPI cannot most a correctional program intended to advised us that from the perspective of the meet its delivery, price, or technical require- train the Federal inmate population and Administration’s program, there is no objec- ments, the customer may request a waiver of minimize adverse impact on the private sec- tion to submission of this letter. the mandatory source. These waivers are tor business community. As such, it adheres Sincerely, processed quickly (an average of 4 days) and, to several statutorily mandated principles, JANET RENO. in 1998, FPI approved over 80 percent of the including diversifying its product line to requests from federal agencies for waivers. avoid hurting any particular industry and OFFICE OF THE FPI does not have the capability to remaining as labor intensive as possible. DEPUTY ATTORNEY GENERAL, produce many sophisticated products, such These practices render FPI less competitive Washington, DC, May 11, 1999. as systems furniture, independently. It relies than private sector manufacturers. The man- Hon. JOHN WARNER, on the private sector to provide space plan- datory source status (which would be effec- Chairman, Committee on Armed Services, ning, design, engineering, installation and tively eliminated as a result of provision) U.S. Senate, Washington DC. customer service. By entering into partner- helps ameliorate these circumstances by DEAR MR. CHAIRMAN: We anticipate that an ships with private companies through the achieving customer contact which reduces amendment will be offered to the Defense use of federal acquisition procedures, FPI competitive advertising costs. It also assists Authorization bill that would eliminate vertically integrates the manufacturing of a FPI in its efforts to partner with private sec- mandatory source status for Federal Prison company’s product using inmate labor. In tor manufacturers who are attracted to the Industries (FPI). We believe that the amend- order to attract a private sector partner, steady work flow provided by this pref- ment would have a devastating impact upon there must be some incentive. That incen- erence. These partnerships are essential to FPI, a program that is critical to the safe tive is the mandatory source. Without the FPI since it cannot, on its own, produce and orderly operations of federal prisons. mandatory source status, FPI would be un- many complicated products such as systems FPI is the Bureau of Prisons most impor- able to attract the private sector partners furniture. tant, efficient, and cost-effective tool for necessary for it to diversify its product offer- This provision would alter the requirement managing inmates. It keeps inmates produc- ings and to offer products which are contem- that the Department of Defense purchase tively occupied and reduces inmate idleness porary and attractive to its federal cus- products from FPI, and it could require FPI and the violence and disruptive behavior as- tomers. to compete with the private sector for sales sociated with it. Thus, it is essential to the Last week, the report of a congressionally of products that are components of products security of the Federal Prison System, its mandated study conducted by the Depart- not produced by FPI, are part of a national staff, inmates, and the communities in which ment of Defense (DoD) and FPI concluded security system, or the total cost of which is they are located. By eliminating FPI’s man- that no legislative changes were warranted less than $2,500. Even with respect to other datory source status, the amendment would by the investigation of procurement trans- products, DoD is no longer required to pur- dramatically reduce the number of inmates actions between these two entities. The chase from FPI, rather the Secretary of De- FPI would be able to employ. The inmate study, entitled ‘‘A Study of the Procure- fense must ‘‘conduct market research’’ to de- idleness this would create would seriously ment, Procedures, Regulations and Statutes termine whether the FPI product is ‘‘com- undermine the safety and security of Amer- that Govern Procurement Transactions be- parable in price, quality, and time of deliv- ica’s federal prisons. tween the Department of Defense and Fed- ery’’ to products available from the private In addition to being a tool for managing eral Prison Industries,’’ was mandated by sector before making purchases. If the Sec- the growing inmate population,1 FPI pro- Section 855 of the National Defense Author- retary concludes that the FPI product is not grams provide inmates with training and ex- ization Act for Fiscal Year 1998 (P.L. 105–85), comparable, the purchase may be made from perience that develop job skills and a strong and was released to the Senate and House any source. work ethic. Bureau of Prisons’ research has Armed Services Committee last week. The Purchases by the Department of Defense confirmed the value of FPI as a correctional account for almost 60% of FPI’s sales. More- report noted that some steps could be taken program. Findings demonstrate that inmates over, 78 percent of the DoD orders are for to improve the procurement relationship be- who work in FPI, compared to similar in- small purchases of less than $2,500, and much tween DoD and FPI, but such steps are most mates who do not have FPI experience, have of the remaining 22 percent is made up of appropriately accomplished within the exec- better institutional adjustment. Moreover, products or components of products made by utive branch. after release, they are more likely to be em- FPI is a law enforcement issue more than other manufacturers and products used in ployed and significantly less likely to com- a government supply issue because it is es- national security systems. Accordingly, if mit another crime. A long-term post-release sential to the management of federal prisons this provision is enacted into law, the con- tinued existence of FPI will depend in large employment study by the Bureau of Prisons and because FPI is operated as a correctional part on its ability to compete with the pri- has found that inmates who were released as program, not as a for-profit business. As a vate sector for the limited Department of long as 8 to 12 years ago and who partici- result, we continue to develop pilot pro- Defense market. pated in industries work or vocational train- grams that will make FPI a more efficient A recently completed report conducted by ing programs were 24 percent less likely to and cost competitive source. We believe that the Department of Defense and FPI con- be recommitted to federal prisons than a the amendment would benefit from consider- cluded that no legislative changes were war- comparison group of inmates who had no ation by the Judiciary Committee to con- ranted by the investigation of procurement such training. Clearly, the FPI program con- sider the mandatory source issue in the con- transactions between these two entities. tributes to public safety by enhancing the text of the full FPI program. Simply consid- Rather, while the study, entitled ‘‘A Study eventual reintegration of offenders into the ering the amendment as affecting a source of of the Procurement, Procedures, Regulations community after release. goods for the federal sector would com- and Statutes that Govern Procurement Opponents of FPI have asserted that FPI is pletely overlook the law enforcement signifi- Transactions between the Department of De- an unfair competitor and that it is damaging cance of FPI and threaten a program that is fense and Federal Prison Industries,’’ 1 made the private sector. This is not accurate. fundamental to public safety. a number of recommendations for facili- Throughout its history, FPI has followed a We are enclosing a copy of the study report tating and enhancing the working relation- number of practices deliberately designed to conducted by DoD and FPI for your review. ship between the two agencies that could be reduce its impact on the private sector, such If you should have any questions or if we accomplished within existing statutory au- as diversifying its product line to avoid hurt- may provide further information about FPI, thority, the study recommends the FPI and ing any particular industry and remaining as please feel free to contact the Department. DoD create a pilot program at eight DoD lo- labor intensive as possible. Further, far from Sincerely, cations to test the effectiveness of adminis- taking jobs from the private sector, FPI ac- ERIC H. HOLDER, JR., trative waivers for purchases of less than tually creates jobs in the private sector by Deputy Attorney General. $2,500 where expedited delivery is required. purchasing over $418 million annually in sup- Additionally, FPI will continue to monitor plies from the private sector. OFFICE OF THE DEPUTY ATTORNEY and evaluate delivery performance. It is important to explain why FPI’s status GENERAL, Issues surrounding FPI, such as the man- as a mandatory source is critical to FPI’s vi- WASHINGTON, DC, MAY 11, 1999. datory source status affect all agencies, not ability. The mandatory source status was es- Hon. ORRIN G. HATCH, tablished as a means of creating a steady Chairman, Committee on the Judiciary, U.S. Senate, Washington, DC. 1 This study was mandated by Section 855 of the EAR R HAIRMAN National Defense Authorization Act for Fiscal Year 1 The federal inmate population is growing at an D M . C : We anticipate that an 1998 (P.L. 105–85), and was released to the Senate and unprecedented rate and crowding at secure institu- amendment will be offered to the Defense House Armed Services Committee several weeks tions is already at critical levels and expected to in- Authorization bill that would eliminate ago. crease in the near term. mandatory source status for Federal Prison S5934 CONGRESSIONAL RECORD — SENATE May 25, 1999 Industries (FPI). We believe that the amend- order to attract a private sector partner, cally, it says the private sector ought ment would have a devastating impact upon there must be some incentive. That incen- to be allowed to bid on items that the FPI, a program that is critical to the safe tive is the mandatory source. Without the Department of Defense is buying, if the and orderly operations of federal prisons. mandatory source status, FPI would be un- FPI is the Bureau of Prisons most impor- Department of Defense declares that it able to attract the private sector partners is necessary that the private sector be tant, efficient, and cost-effective tool for necessary for it to diversify its product offer- managing inmates. It keeps inmates produc- ings and to offer products which are contem- allowed to bid. tively occupied and reduces inmate idleness porary and attractive to its federal cus- That may sound so obvious that peo- and the violence and disruptive behavior as- tomers. ple may be scratching their heads say- sociated with it. Thus, it is essential to the Last week, the report of a congressionally ing, well, obviously the private sector security of the Federal Prison System, its mandated study conducted by the Depart- ought to be allowed to bid if the De- staff, inmates, and the communities in which ment of Defense (DoD) and FPI concluded partment of Defense believes the prod- they are located. By eliminating FPI’s man- that no legislative changes were warranted uct which is offered by the private sec- datory source status, the amendment would by the investigation of procurement trans- tor is what is needed by the Depart- dramatically reduce the number of inmates actions between these two entities. The ment of Defense. But that is not the FPI would be able to employ. The inmate study, entitled ‘‘A Study of the Procure- way it is now. The way it is now is that idleness this would create would seriously ment, Procedures, Regulations and Statutes undermine the safety and security of Amer- that Govern Procurement Transactions be- Federal Prison Industries can make a ica’s federal prisons. tween the Department of Defense and Fed- unilateral decision that it is going to In addition to being a tool for managing eral Prison Industries,’’ was mandated by supply the Department of Defense with the growing inmate population,1 FPI pro- Section 855 of the National Defense Author- a product, and the private business grams provide inmates with training and ex- ization Act for Fiscal Year 1998 (P.L. 105–85), people out there who want to just sim- perience that develop job skills and a strong and was released to the Senate and House ply compete for a product can be pro- work ethic. Bureau of Prisons’ research has Armed Services Committee last week. The hibited from doing so. That, it seems to confirmed the value of FPI as a correctional report noted that some steps could be taken me, is the height of unfairness in a so- program. Findings demonstrate that inmates to improve the procurement relationship be- who work in FPI, compared to similar in- ciety which has a private sector, has tween DoD and FPI, but such steps are most private businesses, has labor that is mates who do not have FPI experience, have appropriately accomplished within the exec- better institutional adjustment. Moreover, utive branch. working in those private businesses, after release, they are more likely to be em- FPI is a law enforcement issue more than and where a Government agency says ployed and significantly less likely to com- a government supply issue because it is es- that product, produced by that private mit another crime. A long-term post-release sential to the management of federal prisons company, is a product that we want be- employment study by the Bureau of Prisons and because FPI is operated as a correctional cause it is a better product than FPI has found that inmates who were released as program, not as a for-profit business. As a can give us or it is a product that can long as 8 to 12 years ago and who partici- result, we continue to develop pilot pro- be given to us more cheaply than the pated in industries work or vocational train- grams that will make FPI a more efficient prisons can give it to us. ing programs were 24 percent less likely to and cost competitive source. We believe that be recommitted to federal prisons than a What an extraordinary way it is to the amendment would benefit from consider- run a Government, that we have agen- comparison group of inmates who had no ation by the Judiciary Committee to con- such training. Clearly, the FPI program con- sider the mandatory source issue in the con- cies in this Government that want to tributes to public safety by enhancing the text of the full FPI program. Simply consid- buy a product, be it textiles or fur- eventual reintegration of offenders into the ering the amendment as affecting a source of niture or what have you, that are told community after release. goods for the federal sector would com- they cannot compete that product with Opponents of FPI have asserted that FPI is pletely overlook the law enforcement signifi- the private sector competing; they an unfair competitor and that it is damaging cance of FPI and threaten a program that is have to buy it from Federal Prison In- the private sector. This is not accurate. fundamental to public safety. dustries even though it costs the agen- Throughout its history, FPI has followed a We are enclosing a copy of the study report number of practices deliberately designed to cy more or it is of lower quality. What conducted by DoD and FPI for your review. an extraordinary way to be inefficient, reduce its impact on the private sector, such If you should have any questions or if we as diversifying its product line to avoid hurt- may provide further information about FPI, to waste taxpayers’ money, and to ing any particular industry and remaining as please feel free to contact the Department. force agencies that are supposed to be labor intensive as possible. Further, far from Sincerely, protecting taxpayers’ money to spend taking jobs from the private sector, FPI ac- ERIC H. HOLDER, Jr., it on lesser quality items or on more tually creates jobs in the private sector by Deputy Attorney General. expensive items—just because Federal purchasing over $418 million annually in sup- Prison Industries unilaterally has de- plies from the private sector. STATEMENT OF ADMINISTRATION POSITION ON cided it is going to supply the Depart- It is important to explain why FPI’s status SECTION 806 OF THE DEFENSE AUTHORIZA- ment of Defense. That is not fair. That as a mandatory source is critical to FPI’s vi- TION BILL (S. 1059) ability. The mandatory source status was es- is not fair and we have to eliminate it. FEDERAL PRISON INDUSTRIES MANDATORY tablished as a means of creating a steady Section 806 simply says that the De- SOURCE EXEMPTION flow of work for the employment of inmates. partment of Defense—not Federal Pris- FPI views the mandatory source status as a The Administration opposes Section 806 on Industries—should determine method of not only maintaining this work which would essentially eliminate the Fed- whether or not a product manufactured flow but also achieving customer contact eral Prison Industries (FPI) mandatory by Federal Prison Industries meets the which reduces competitive advertising costs. source with the Defense Department. Such action could harm the FPI program which is needs of the Department of Defense. FPI does not abuse its mandatory source The approach that is taken by Sec- status. If a customer feels that FPI cannot fundamental to the security in Federal pris- ons. In principle, the Administration be- tion 806 is consistent with the basic meet its delivery, price, or technical require- tenet of how our whole procurement ments, the customer may request a waiver of lieves that the Government should support the mandatory source. These waivers are competition for the provisions goods and system works, which is the people who processed quickly (an average of 4 days) and, services to Federal agencies. However, to en- buy and use products should be the in 1998, FPI approved over 80 percent of the sure that Federal inmates are employed in ones who decide whether the quality, requests from federal agencies for waivers. sufficient numbers, the current mandatory price, and delivery of those products FPI does not have the capability to source requirement should not be altered meet their needs. Yet amazingly produce many sophisticated products, such until an alternative program is designed and enough, the FPI, Federal Prison Indus- as systems furniture, independently. It relies put in place. Finally, this provision would tries’ current rules prohibit Federal on the private sector to provide space plan- only address mandatory sourcing for the De- fense Department, without regard to the rest agencies from even looking at private ning, design, engineering, installation and sector products to determine whether customer service. By entering into partner- of federal government. they might be superior to what Federal ships with private companies through the The PRESIDING OFFICER (Mr. Prison Industries has. use of federal acquisition procedures, FPI BROWNBACK). The Senator from Michi- vertically integrates the manufacturing of a The regulations of Federal Prison In- gan controls the remaining time. dustries say: company’s product using inmate labor. In Mr. LEVIN. Mr. President, section A contracting activity should not solicit 806 of the defense authorization bill bids, proposals, quotations or otherwise test 1 The federal inmate population is growing at an which is before the Senate is a com- unprecedented rate and crowding at secure institu- the market for the purpose of seeking alter- tions is already at critical levels and expected to in- monsense provision. It was adopted by native sources to the Federal Prison Indus- crease in the near term. the Armed Services Committee. Basi- tries. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5935 If that is not absolutely extraor- ute, indeed, is intended to do exactly fered by private vendors—ranking dinary, that Federal Prison Industries that, provided Federal Prison Indus- sixth, seventh, seventh, eighth, and is telling the Department of Defense, tries will provide the Federal agencies ninth of the 10 vendors reviewed. In when they go and buy textiles or shoes products that meet their requirements other words, for almost half of the FPI or whatever they are buying, that they and prices that do not exceed current products reviewed, the FPI approach may not even test the market, seeking market prices. But the FPI is unwilling appeared to be to charge the highest alternative sources to Federal Prison to permit agencies to compare their price possible rather than the lowest Industries. products at prices with those available price possible to the Federal consumer. They may not solicit bids, proposals, in the private sector. We have complaint after complaint quotations, or test the market for the Under Federal Prison Industries’ cur- from frustrated private sector vendors purpose of seeking alternative sources rent interpretation of the law, it need asking us: Why can’t we compete? Why to Federal Prison Industries. not offer the best product at the best are we in the private sector precluded What kind of an upside-down situa- price. It is sufficient for it to offer an from bidding on an item? tion is this? What kind of a topsy- adequate product at an adequate price Here is one vendor’s letter: turvy situation is it that the Depart- and insist on its right to make the sale. When Federal Prison Industries Federal Prison Industries bid on this item, ment of Defense cannot even solicit a and simply because Federal Prison Indus- quote from somebody to supply a prod- sets the price, it then seeks to charge tries did, it had to be given to Federal Prison uct if Federal Prison Industries says what it calls a market price, which Industries. FPI won the bid at $45 per unit. they may not do so? Unilaterally, the means that at least some vendors in My company bid $22 per unit. The way I see seller is telling the buyer: You can’t the private sector charge a higher it, the Government just overspent my tax even go out and seek other quotes or price, and the FPI’s proposed regula- dollars to the tune of $1,978. Do you seriously seek competition. tion specifies that the determination of believe that this type of procurement is cost- Boy, that sure turns the purchasing what constitutes the current market effective? I lost business, my tax dollars price, the methodology employed to de- were misused because of unfair procurement process of the Department of Defense practices mandated by Federal regulations. and our other agencies right on its termine the current market price and This is a prime example, and I’m certain not head. the conclusion that a product of Fed- the only one, of how the procurement system What the Department of Defense is eral Prison Industries does not exceed is being misused and small businesses in this required to do, instead of doing what that price is—you got it—the sole re- country are being excluded from competition ordinary buyers do, which is to seek sponsibility of Federal Prison Indus- with the full support of Federal regulations the best product at the best price, is to tries. and the seeming approval of Congress. It is accept Federal Prison Industries’ de- That is the situation. They are sup- far past time . . . to require [FPI] to be termination. Federal Prison Industries posed to buy at market price, but they competitive for the benefit of all taxpayers. is the sole arbiter of whether its prod- make a determination as to whether or A third frustrated vendor, who had ucts meet the requirements of the De- not, in fact, what they are forcing an been driven out of business by FPI, partment of Defense. agency to buy is being set at a market told a House committee: Section 8104 of the Federal Acquisi- price. Is it justice that Federal Prison Industries tion Streamlining Act requires the De- The General Accounting Office re- would step in and take business away from a partment of Defense and other agencies ported in August of 1998: disabled Vietnam veteran who was twice to conduct market research before so- The only limit the law imposes on Federal wounded fighting for our liciting bids or proposals for products Prison Industries’ price is that it may not country ... therefore effectively destroying that may be available in the commer- exceed the upper end— and bankrupting that . . . business which Upper end— the Veterans’ Administration suggested he cial marketplace. They are supposed to enter? solicit bids, but they do not do that. of the current market price range. They are not allowed to do that. Under Moreover, the manner in which Fed- There is a very fundamental unfair- the FPI rules, they have to buy it from eral Prison Industries seeks to estab- ness which exists in this system. It is Federal Prison Industries if the Indus- lish the current market price range ap- one that we need to correct. The De- tries on their own, unilaterally, decide pears calculated to result in a price far partment of Defense took a survey re- they are going to force the Department higher than the Department of Defense cently of DOD customers for Federal of Defense to buy a product. would pay under any other cir- Prison Industries’ products. The re- All that the provision does is to re- cumstances. According to the proposed sults are eye-opening. The survey pro- verse the rule which prohibits the De- regulation codifying FPI’s pricing poli- vided DOD customers five categories in partment of Defense from conducting cies, ‘‘a review of commercial catalog which to rate Federal Prison Indus- market research and permits the De- prices will be used to establish a tries’ products: excellent, good, aver- partment of Defense to look at what ‘range’ for current market price.’’ age, fair, or poor. private sector companies have to offer, The contrast is very sharp because According to the data reported joint- as it would do in the case of any other when the Department of Defense buys ly by the Department of Defense and procurement. from commercial vendors, it seeks to the Federal Prison Industries in April, If Federal Prison Industries offers a negotiate, and generally obtains, a a majority of Department of Defense product that is comparable in price, steep discount from catalog prices. customers rated FPI as average, fair, quality, and time of delivery to prod- FPI appears to have difficulty even or poor in price, delivery, and as an ucts available from the private sector, matching the undiscounted catalog overall supplier. the Department would still be required prices. Last August, the General Ac- On price: 54 percent of the Depart- to purchase that product on a sole- counting Office compared Federal Pris- ment of Defense’s electronics cus- source basis from Federal Prison Indus- on Industries’ prices for 20 representa- tomers, 70 percent of DOD clothing and tries. But if the DOD determines that tive products to private vendors’ cata- textile customers, 46 percent of DOD Federal Prison Industries’ product was log prices for the same or comparable dorm and quarters furniture cus- not competitive, then it would be per- products and found that for four of tomers, 53 percent of DOD office case mitted to conduct a competition and these products, FPI’s price was higher goods customers, 57 percent of DOD go to another source. than the price offered by any private systems furniture customers rated FPI That seems to me to be the least that vendor. That is 4 out of 20. In 4 out of prices as average, fair, or poor. we can do to protect the taxpayers 20 cases, GAO found that the price FPI On delivery, the same kind of figures: from the misuse of Federal funds on charged was higher than the price of- 50 percent of DOD electronics cus- products that fail to meet the needs of fered by any private vendor. For five of tomers rated FPI delivery as averaged, the Department of Defense. the remaining products, the FPI price fair, or poor; 62 percent of DOD cloth- Federal Prison Industries has repeat- was at the ‘‘high end of the range.’’ ing and textile customers rated FPI de- edly claimed that it provides quality Those are the words of the General Ac- livery as average, fair, or poor. That products at a price that is competitive counting Office. FPI’s price was at the did not make any difference. FPI said with current market prices. The stat- ‘‘high end of the range’’ of prices of- it was going to sell, and once FPI made S5936 CONGRESSIONAL RECORD — SENATE May 25, 1999 that determination, the Department niture contracts has undermined the that the Defense Department has con- had no alternative. It does not make Navy’s ability to improve living condi- tracted for on a timely basis—almost any difference whether the delivery is tions for its sailors. half of the time in 1995, and over a lousy, whether the price is too high, Master Chief Petty Officer John third of the time in 1996—is simply un- whether the overall performance is Hagan said: acceptable. To have the Defense De- poor. It makes no difference. Forget Speaking frankly, the [FPI] product is in- partment depend on FPI for over 300 competition. FPI said: We are going to ferior, costs more, and takes longer to pro- different products under these cir- sell. Forget fairness to a business with cure. [The Federal Prison Industries] has, in cumstances is also simply unaccept- workers in that business. FPI said: my opinion, exploited their special status in- able. Tough. You have to buy from us. stead of making changes which would make Finally, in this era of tight budgets, So the bottom line is that fully 35 them more efficient and competitive. The to be spending precious defense re- Navy and other Services need your support percent of the Department of Defense to change the law and have FPI compete sources on FPI goods that we could be customers indicated they have had a with [private sector] furniture manufactur- obtaining at lower prices from the pri- problem with an FPI product delivered ers. Without this change, we will not be serv- vate sector is also unacceptable. in the last 12 months. The reason they ing Sailors or taxpayers in the most effective We should obviously address these are having problems is because there is and efficient way. problems by allowing the Department a lack of competition. Mr. President, I yield the floor. I am of Defense to go elsewhere and to do so We think, given the fact that such a happy to yield time to my distin- without getting advance permission small amount of money is paid to pris- guished colleague from Michigan. from FPI. I am glad the Armed Serv- oners for their labor, that Federal Pris- The PRESIDING OFFICER. The Sen- ices Committee, at the prompting of on Industries could supply these prod- ator from Michigan has 24 minutes 48 my colleague, the senior Senator from ucts much more cheaply than the pri- seconds. Michigan, Senator LEVIN, has so pro- vate sector. But that is not the case. Mr. LEVIN. How much time would vided in the reauthorization bill that The case is that the private sector very the Senator wish? recently passed out of committee. often can supply these products to our Mr. ABRAHAM. No more than 10 I would add that the provision adopt- agencies more cheaply than can the minutes. ed by the Armed Services Committee prison industries. But if the Federal Mr. LEVIN. I am happy to yield 10 still requires the Department of De- Prison Industries decides in its unilat- minutes to the Senator from Michigan. fense to give FPI the opportunity to eral, sole, exclusive judgment that it is The PRESIDING OFFICER. The Sen- compete for contracts for almost all going to supply the Department of De- ator from Michigan is recognized for 10 products and only permits the Depart- fense, that is it. That is it. This is an minutes. ment of Defense to go elsewhere if it injustice to the people who have Mr. ABRAHAM. Thank you, Mr. determines that the product being of- worked hard to put together a busi- President. fered by FPI is not comparable in ness. It is an injustice to the people I suspect I will not use all of the time price, quality, and time of delivery to who work for those businesses. that I have been allotted, but I do want products available from the private This is one of those weird cases to speak here today in opposition to sector. where you have business and labor the amendment before us offered by the The only exceptions are for national coming together before us on the same Senator from Texas. security systems, products integral to side of an issue. The American Federa- Especially in light of the grave con- or embedded in a product not available tion of Labor, AFL–CIO, urges that this cerns that all of us share about the from FPI, or products that cost less section remain in the bill. We have the readiness of our Armed Forces and the than $2,500. In those instances, under alert from the Chamber of Commerce significant steps that Congress took in section 806, the Department of Defense as well. Members of the Senate, busi- the supplemental appropriations bill to does not have to seek a bid from FPI, ness and labor—our good friend from address this problem, as well as in the but in all other instances DOD would Texas calls those special interests, budget which we passed earlier this continue to be required to do so. business and labor. People who have year, I strongly believe that section 806 It will be argued that we cannot fol- worked hard to put together a business of the defense reauthorization bill low this course without jeopardizing and people who work in those busi- should be retained. another important Federal policy, that nesses are not being allowed to com- This is not because I think that hav- of putting Federal inmates to work. pete. Sorry. Federal Prison Industries ing Federal prisoners working is not But if that were really our only option, says you are going to buy that product. important. To the contrary, I think it we would be facing a much harder That is what they tell the DOD. You is very important. I firmly believe that choice, since we would arguably be are going to buy it. You may not like the development through work, self- having to choose between pursuing a the price, you may not like the deliv- discipline and other virtues that enable course critical to securing tranquility ery, you may not like the quality, but people to lead productive lives is prob- abroad and a course important to se- we are not going to let anybody else ably the single greatest hope for reha- curing domestic tranquility. I do not compete for that sale. bilitation in a prison setting. Indeed, it believe we are really faced with that So that is the fundamental unfair- is disappointing that, according to the dilemma. ness that this language would correct. May 20 Wall Street Journal, only 17 Rather, I am convinced that the lim- It does not tell the Department of De- percent of Federal prisoners work its this legislation imposes on the FPI fense they cannot buy it from Federal under the current Federal Prison In- monopoly can plainly be offset by ex- Prison Industries. It simply says that dustries program. panding other opportunities for pris- if the Department of Defense deter- But providing for national defense is oners to work. This could be done, for mines on price or quality that the pri- the Federal Government’s paramount example, by having the FPI focus on vate sector can do as well, then it—not responsibility. Given the very serious products that we do not produce do- the FPI; the Department of Defense— problems we are facing with respect to mestically and that we are now import- may compete and determine whether our military readiness, we need to take ing from abroad. Or it could be done by or not they can save the taxpayers any every possible step to rectify these putting prisoners to work on functions money. problems as quickly and as effectively that are currently being assigned to I am going to close and then turn as possible. government entities such as recycling. this over to my friend and my col- There is no question in my mind that It will be argued that we should come league from Michigan for his com- the requirement that the Department up with the new opportunities first and ments. But I just want to read one ad- of Defense contract with FPI for cer- then consider proposals along the lines ditional quote from the Master Chief tain products, and giving FPI a veto of section 806 if the other options prove Petty Officer of the Navy before the over the Defense Department’s going workable. I disagree. I believe we National Security Committee of the elsewhere, is an obstacle to our efforts should put the needs of our national House a couple years ago. He said that to fix these problems. The routine, sig- defense ahead of the needs of prisoners. the FPI monopoly on Government fur- nificant failure by FPI to provide goods I have no real question that if we do so, May 25, 1999 CONGRESSIONAL RECORD — SENATE S5937 we will discover that in fact we are launchers, guided-missile launchers, spond to some of the issues that have able to devise policies that adequately fiber optic cable assemblies. People been raised. address both sets of needs. think they are doing little, simple Mr. WARNER. We certainly can ac- I will just close by restating what I things, crafts and so forth, but there is cede to that. It is a perfectly reason- said last year in a similar debate. None a lot of high-tech equipment at the De- able request. I think my colleague and of us who are advocating a change in partment of Defense. I will be just about ready to yield back policy here are advocating the elimi- Here is the Army, another guided- the balance of our time. Then we will nation of work requirements for Fed- missile remote control; the Army, turn to the amendment by the distin- eral prisoners. But when Federal pris- launchers, rocket and pyrotech; the guished Senator from Pennsylvania. oners in the work they do are taking Army, fiber rope, cordage; the Army, The first order of business will be for jobs away from law-abiding Americans radio and TV communications equip- him to amend the amendment that is who have never committed a crime, ment; the Army, antennas, wave guides at the desk. Then we will complete the then I think we have to reexamine our and related; the Army, fiber optic cable debate on that, and we should meet the policy. assemblies. target of about 7:00 to have two To me, it makes sense to devise a I mean, these are hardly simple mat- stacked votes. prison work policy that does not injure ters. These are very complicated sys- Mr. LEVIN. Reserving the right to law-abiding citizens. I believe that re- tems. We simply have to have quality object, how much time is left to the op- quiring the FPI to be competitive in its for the Department of Defense. This is ponents of Senator GRAMM’s amend- bidding process and not granting it a what concerns me. ment? monopoly are the right way to achieve I could go on into some of the Navy The PRESIDING OFFICER. The op- this end. That way the taxpayers are engine electrical systems, all kinds of ponents have 12 minutes 30 seconds. protected from paying excessively for high-tech stuff listed in here. You see The proponents’ time has been ex- furniture or other items that are pro- the office furniture, the office supplies. hausted. duced by the Prison Industries, and Here is one for some armor. In other Mr. LEVIN. How many seconds? those individuals working in the pri- words, we are talking about serious The PRESIDING OFFICER. Thirty vate sector in competition with the business for the Department of De- seconds, 12 minutes 30 seconds. Prison Industries have a legitimate op- fense. It is very serious business. We The Senator from Texas is recognized portunity to secure government con- cannot be giving the strong disadvan- for 4 minutes. tracts. To me, that is the American tage in the competitive world to the Mr. GRAMM. Mr. President, first of way, the competitive process. prisons and have them supply inferior all, let me make it clear, the Defense To me, if the Federal Prison Indus- equipment. I strongly urge Senators to Department does not support this tries can’t be competitive in that set- vote against this amendment. amendment. The Defense Department ting, where it has so much of a subsidy I yield the floor. issued a joint report with the Depart- advantage to begin with, then it seems The PRESIDING OFFICER. The Sen- ment of Prisons, the Federal Bureau of to me that the system isn’t working ator from Texas. Prisons, outlining ways of improving the way it should be. Mr. GRAMM. Mr. President, I have a the system that required no legisla- I hope that we will vote to retain in unanimous consent request. I had the tion. The administration, on behalf of place section 806 and that, at least in good fortune of having Senator BYRD, the Defense Department and the De- the specific context of the Department Senator HATCH and Senator THURMOND partment of Justice, opposes the Levin of Defense, we will follow the lead that speak on behalf of my amendment, and provision and supports the amendment has already been laid out by Senator those are riches you don’t turn down. that we have offered to strike it. LEVIN in the authorization bill as it But there have been many points made The Attorney General supports our comes to the floor. motion to strike the Levin amend- To me, that is a sensible course for that I have not had an opportunity to ment, as do many groups such as the us to pursue. It strikes the right bal- respond to. If the Senator is not going National Center for Victims of Crime. ance. It by no means eliminates the to use the rest of his time, I would like It is obviously a very strong argu- work requirement for prisoners, but it about 4 minutes to respond. I ask unan- ment with me to talk about, ‘‘why not does provide people who are law-abid- imous consent that I might have it. competition?’’ The problem is, you ing citizens, companies that are law- The PRESIDING OFFICER. Is there abiding companies, a chance to do busi- objection? have to understand the history that ness with the government in a very Mr. LEVIN. Mr. President, I am competition was the rule prior to the vital and sensitive area, specifically sorry. I was discussing something with Depression. Prior to the Depression, that of national security. To me, that the chairman. I know that he is con- virtually everyone in prison in Amer- is a sensible middle ground. Therefore, science of the time. I am wondering ica worked on average 12 hours a day, I hope that our colleagues will vote in whether he might repeat the unani- 6 days a week. But during the Depres- opposition to this amendment. mous consent request so that we could sion, we passed three pieces of legisla- I yield the floor. both hear it. tion, all of them driven by special in- The PRESIDING OFFICER. Who Mr. GRAMM. I am sorry. I didn’t terests, triggered by the Depression, yields time? The Senator from Vir- hear. which made it illegal for prisoners to ginia. Mr. LEVIN. I apologize. I was dis- work to sell goods in the market. Mr. WARNER. This is a matter which cussing something with the chairman. There had been previous provisions so the Armed Services Committee consid- We didn’t hear the unanimous consent that they didn’t glut the market in one ered with some care and considerable request relative to time, at least I area, but the problem is, now it is debate. It is not as if we just accepted didn’t. criminal for prisoners to work to it. There was discussion, and our Mr. GRAMM. I do not want to throw produce anything to sell in America. former chairman spoke very strongly off the vote, but I made an opening When my colleagues say why not on behalf of the other side of the issue. statement. I had several other of my have competition, my answer is, yes, I am just astonished that we cannot colleagues speak on behalf of my let’s have it. But you cannot have it seem to convince the prison group that amendment more articulately than I without letting prison labor compete, competition would be good. It would was able to, and I am grateful, but I and now that is prohibited all over raise the quality. That is what con- would like to have 4 minutes to sort of America. The only thing left for pris- cerns so many of us on the committee. answer some of the points that have oners today is to produce things that It would provide incentives for the Fed- been made. It just turned out, because the Government uses. That is the only eral Prison Industries to deliver qual- people that were for the amendment thing that we have not prohibited by ity goods in a timely fashion and at a came to the floor, that they all spoke law. As a result, we have 1.1 million reasonable price. That is what this before any of those that were opposed prisoners and about 900,000 of them whole country is predicated on. to it had the opportunity to speak. So have no work to do. This is interesting. The Department if it doesn’t mess up our timetable, I If the amendment of Senator LEVIN of the Air Force gets 2 million plus in would like to have 4 minutes to re- passed, 60 percent of the prison labor at S5938 CONGRESSIONAL RECORD — SENATE May 25, 1999 the Federal level in America would be once FPI says that, that is it; private Mr. WARNER. Mr. President, I join eliminated because there would be no business cannot compete. my colleague. Again, it was carefully work for these people to do. So this is In a hearing before the Senate Judi- considered by the committee. It has an argument about competition that ciary Committee earlier this week, the very fundamental objectives: competi- sounds great until you understand that Deputy Under Secretary of Defense for tion, fairness, and to get quality. Government, driven by the same Acquisition, David Oliver, described Mr. President, I am anxious to com- groups that support this amendment, the results of the survey we referred to. plete this amendment. I believe the eliminated the ability to use prison He said the following: Senator from Texas has finished his labor to produce and sell anything. I think if you looked at the study, you presentation? When you are talking about the tax- would see that people were generally not sat- Mr. GRAMM. Yes, I have. payer, it sounds great. But what about isfied with Federal Prison Industries as a Mr. LEVIN. I yield back our time. the taxpayer that is spending $22,000 a provider. Essentially, with regard to effi- Mr. WARNER. I yield back our time. year to keep somebody in prison and ciency, timeliness, and best value, they The PRESIDING OFFICER. All time we are not allowing them to work? If found that Federal Prison Industries was is yielded back. worse than the other people they bought AMENDMENT NO. 383 taxpayers are working, why are they from. better than taxpayers? Why should The PRESIDING OFFICER. The Sen- they not have to work? Why can’t we Now, we know that the administra- ate returns to the amendment of the find things in the private sector for tion has decided to oppose this change, Senator from Pennsylvania. The Sen- them to produce? If we can do that, I to prohibit the private sector from bid- ator from Pennsylvania controls 5 min- would support this amendment. I know ding on things that Federal Prison In- utes 30 seconds, and the Senator from that many of the people who support it dustries says it wants to supply exclu- Virginia controls 3 minutes 20 seconds. would never do that. sively. So we understand what the De- Mr. WARNER. Mr. President, I note The Defense Department is not for partment of Defense’s official position that will bring us very close, if not pre- this amendment. They are not for the is. But I also understand what the tes- cisely, to the hour of 7 o’clock, at Levin amendment. They are not object- timony of their acquisition people is. which time the managers represented ing to the provisions. In fact, they just The study shows that people were gen- to the leadership and other Senators put out a joint report saying the De- erally not satisfied with Federal Prison that two back-to-back votes would fense Department supports the pro- Industries as a provider with regard to commence. gram with these reforms, which they efficiency, timeliness, and best value. The PRESIDING OFFICER. Who can undertake without legislation. They found that Federal Prison Indus- yields time? So, basically, I believe that the sys- tries was worse than the other people Mr. SPECTER addressed the Chair. tem is not perfect, but it is basically a they bought from. The PRESIDING OFFICER. The Sen- good system where prices are nego- I don’t believe for one minute that ator from Pennsylvania. tiated and the Defense Department Federal Prison Industries is going to be Mr. SPECTER. Mr. President, this gets 90 percent of the waivers that they able to sell anything to the Depart- amendment provides, simply stated, seek. If they don’t think the quality is ment of Defense just because they are that there shall be no funds expended right or the price is right or the deliv- going to have to compete. They have for ground forces in Yugoslavia, in ery is right, they can ask for a waiver. such a huge advantage in terms of cost Kosovo, unless specifically authorized In 90 percent of the cases, they get the and price of labor that they are going by the Congress. waiver. to be able to sell a huge amount. But This amendment is designed to up- This is basically an amendment, I am they are going to have to compete. hold the Constitution of the United sad to say, that would idle 60 percent of If a private company can outbid them States, which grants the exclusive au- Federal prisoners. It would allow pri- or provide the same product at a cheap- thority to declare war to the Congress vate companies to come in and take er price, then the private company is of the United States. Regrettably, the business. But the point is, when we going to get it. But for the Senator there has been a significant erosion of have full employment in America and from Texas to say, suddenly, that this constitutional authority, as Presi- we have a million prisoners idle, how wipes out all of the sales to the Depart- dents have taken over this power with- does it make sense to prohibit them ment of Defense, that is a terrible in- out having the Congress stand up. The from working? I thank my colleague dictment about what Federal Prison one place where the Congress clearly for giving me this time. Industries is now doing. That would has authority to determine military The PRESIDING OFFICER. Who mean they can’t compete on anything action is by controlling the purse seeks time? they are selling to the Department of strings. This amendment goes to the Mr. LEVIN addressed the Chair. Defense. That is a huge exaggeration. heart of that issue by prohibiting that The PRESIDING OFFICER. The Sen- It is not the case. spending. ator from Michigan. But it is the case that now they don’t It has been a lively and spirited de- Mr. LEVIN. Mr. President, the lan- have to compete when they decide that bate. Now we will have an opportunity guage in the bill that the Senator from the Department of Defense must buy to say whether the Senate will seek to Texas seeks to strike makes it possible that missile part. If Federal Prison In- uphold the Constitution and whether for the private sector to compete. That dustries says the Department of De- the Senate will seek to uphold its own sounds so fundamental in our country fense must buy that missile part Sen- institutional authority—the institu- that maybe it comes as a shock that I ator WARNER referred to, that has to tional authority of the Congress to de- would even suggest that you need to happen—even though a private con- termine whether the United States have language in a bill to permit the tractor can sell a better quality at a should be involved in war. private sector to do this. But we do. better price. Once FPI, in its unilateral A few of the problems which have We just want to make it legal for the judgment, says we can supply it within been raised have been clarified. The private sector to offer a product to its a price range of what the private sector amendment has been modified, and I Government, our Government, and not can do, that is it, no competition. DOD ask that it formally be approved with to have Federal Prison Industries say: can’t bid it out—the opposite of what the concurrence of the managers. Sorry, you cannot bid. It is almost bi- we should be doing in this free enter- The PRESIDING OFFICER. Is there zarre to me that we would have to pass prise society of ours. objection? any kind of legislation for that to come Mr. President, I hope the language in Mr. WARNER. Mr. President, there is about, but we do because under the the Senate bill will be retained and no objection to the Senator sending to current law and regulations, Federal that the amendment of the Senator the desk the amendment as modified. Prison Industries has the sole, exclu- from Texas to strike that language will Mr. SPECTER. I thank the general sive determining voice. If it says that be defeated. counsel of the committee for helping its product is within a range in the Mr. WARNER addressed the Chair. me on the modification that we have market—maybe at the high end of that The PRESIDING OFFICER. The Sen- worked out so that the restriction will range, and they may be wrong—but ator from Virginia is recognized. not apply to intelligence operations, to May 25, 1999 CONGRESSIONAL RECORD — SENATE S5939 rescue operations, or to military emer- tives of the Congress and the Senate seeks. As I pointed out in my first com- gencies. call for an affirmative vote, and I ask ments this morning and, indeed, in the Mr. LEVIN. Mr. President, there is for the yeas and nays. title to the first amendment prior to no objection on this side. The PRESIDING OFFICER. Is there a the amending by the Senator from Mr. THURMOND. Will the Senator sufficient second? Pennsylvania, he referred to the War from Pennsylvania add me as a cospon- There is a sufficient second. Powers Act, this is precisely what this sor? The yeas and nays were ordered. debate is—a debate over the War Pow- Mr. SPECTER. Mr. President, I ask Mr. SPECTER. Mr. President, how ers Act. That debate has not in my 21 unanimous consent that Senator THUR- much time remains for me? years in this body ever been resolved, The PRESIDING OFFICER. The Sen- MOND be added as a cosponsor. and I doubt it is going to be resolved on The PRESIDING OFFICER. Without ator from Pennsylvania has 50 seconds. Mr. SPECTER. I reserve the remain- this vote. objection, it is so ordered. I yield the floor and yield back the Mr. SPECTER. I thank the Senator der of my time. Mr. WARNER. Mr. President, the time. from South Carolina. The PRESIDING OFFICER. The Senator from Michigan wishes to ad- Mr. SPECTER. Mr. President, I re- dress the amendment. We are together amendment is so modified. ject the argument of the Senator from The amendment (No. 383), as modi- on it in the strongest possible opposi- Virginia who wants to rely on assur- fied, is as follows: tion. ances. This is a government of laws, The PRESIDING OFFICER. The Sen- and not men, and you get it done by At the appropriate place in title X, insert ator from Michigan. the following: this amendment. Mr. LEVIN. Mr. President, very brief- I reject the argument of the Senator SEC. . LIMITATION ON DEPLOYMENT OF ly, this amendment would send the GROUND TROOPS IN THE FEDERAL from Michigan who says it is a bad sig- REPUBLIC OF YUGOSLAVIA. worst possible signal to Milosevic, nal to Milosevic. Whatever signal goes (a) None of the funds authorized or other- which is don’t worry, weather the to Milosevic from this amendment has wise available to the Department of Defense storm—that even though there is going already been sent by the assurances of may be obligated or expended for the deploy- to be gridlock in the Congress, you will the President. ment of ground troops of the United States be the beneficiary of any gridlock and Armed Forces in the Federal Republic of any effort that authorizes in advance It is a bad signal to America to tell Yugoslavia, except for peacekeeping per- the use of ground forces. This is not the Country that the Congress is dele- sonnel, unless authorized by a declaration of the message which we should be send- gating its authority to involve this Na- war or a joint resolution authorizing the use tion in war to the President. We don’t of military force. ing to Milosevic—that he would be the beneficiary of the congressional grid- have the authority to delegate our con- (b) The prohibition in subsection (a) shall stitutional authority. Our job is to not apply to intelligence operations, or to lock, which would almost certainly missions to rescue United States military occur before any such resolutions could analyze the facts and let the President personnel or citizens of the United States, or be passed. come to us to state a case for the use otherwise meet military emergencies, in the I hope we will not send that signal to of ground forces. I am prepared to lis- Federal Republic of Yugoslavia. Milosevic. I think our troops deserve ten. But, on this record, we ought to Mr. SPECTER. Mr. President, the better. Our commanders deserve better. maintain the institutional authority of main argument against this amend- The administration believes so Congress and uphold the Constitution. ment has been that the President has strongly in this that a veto would al- The PRESIDING OFFICER. The Sen- said that he would come to Congress in most certainly occur, if this provision ator’s time has expired. advance of deploying ground troops. He were in, and understandably so, be- Mr. LEVIN. Mr. President, does any made that commitment in a meeting at cause the hands of our commanders in time remain on our side? the White House on April 28. Then he the field would be tied by this resolu- The PRESIDING OFFICER. Yes, 10 sent a letter, which is substantially tion. They would have to come to Con- seconds. equivocal, saying that he will fully gress to see whether or not the terms Mr. LEVIN. Could I use the 10 sec- consult with the Congress, and that he were met. That is not the way to fight onds? would ask for congressional support be- either a war or to engage in combat. Mr. WARNER. The Senator from fore introducing U.S. ground forces The PRESIDING OFFICER. The Sen- Michigan can use 5, and I will use 5. into Kosovo, into a nonpermissive envi- ator from Virginia. Take 5. ronment. Mr. WARNER. Mr. President, in the That doesn’t go far enough. course of the afternoon, as I said to my The PRESIDING OFFICER. The Sen- The distinguished chairman has re- good friend and colleague, some 40 Sen- ator from Michigan is recognized. ported that the Secretary of Defense, ators have received the benefit of a full Mr. LEVIN. Mr. President, the De- the Secretary of State, and the Chair- debate with the Secretaries of State partment of Defense strongly opposes man of the Joint Chiefs of Staff have and Defense, and the President’s Na- the amendment because it would unac- confirmed that there would be congres- tional Security Adviser, Mr. Berger, ceptably put at risk the lives of U.S. sional authorization. and with the Chairman of the Joint military personnel. That doesn’t go far enough. Chiefs. Three times—twice by this Sen- Mr. WARNER. Mr. President, a vote We are a government of laws—not a ator, one by another Senator—this against this amendment is consistent government of men. And minds may be very issue was posed to the national se- with the provisions of the Constitution changed. We ought to be sure we have curity team. They said without any of the United States. this nailed down. equivocation whatsoever that the I move to table, and I ask for the This amendment is entirely con- President would formally come to the yeas and nays. sistent with what the Senate has here- Congress and seek legislation, not un- The PRESIDING OFFICER. Is there a tofore done—58 to 41 to authorize air like what is described in this amend- sufficient second? strikes but no ground forces. Seventy- ment prior to any change. In other There is a sufficient second. seven Senators voted not to grant the words, the President of the United The yeas and nays were ordered. President authority to use whatever States is presently unchanged in the force he chose. To remain consistent, course of action that he is recom- The PRESIDING OFFICER. The those 77 Senators would have to say, mending to other leaders of the NATO question is on agreeing to the motion we are not going to allow you to use nations, and the matter remains and to table amendment No. 383, as modi- ground forces unless you come to us for will not be changed with reference to fied. On this question, the yeas and approval, just as we said we will not ground troops unless the President nays have been ordered, and the clerk allow you to use whatever force you comes up and seeks from the Congress will call the roll. choose, in effect, without coming to us of the United States formal legislative The assistant legislative clerk pro- for prior approval. Consistency may be action. ceeded to call the roll. the hobgoblin of small minds, but con- I say to my good friend that I think The result was announced—yeas 52, sistency and the institutional preroga- we have achieved, in essence, what he nays 48, as follows: S5940 CONGRESSIONAL RECORD — SENATE May 25, 1999 [Rollcall Vote No. 145 Leg.] Conrad Inouye Murray BRAC debate. Therefore, at least one Daschle Johnson Reed YEAS—52 Dodd Kennedy Reid vote, if not more votes, will occur be- Akaka Harkin McConnell Edwards Kerry Robb ginning at 1:45 p.m. on Wednesday. Baucus Hatch Mikulski Enzi Landrieu Sarbanes Mr. LEVIN addressed the Chair. Bayh Inouye Moynihan Feingold Lautenberg Schumer The PRESIDING OFFICER. The Sen- Biden Kennedy Murray Frist Leahy Smith (NH) Bingaman Kerrey Reed Gramm Levin Smith (OR) ator from Michigan. Boxer Kerry Reid Grassley Lieberman Thomas Mr. LEVIN. I wonder if I could in- Breaux Kohl Robb Hagel Lincoln Torricelli quire of the chairman as to the two Bryan Kyl Rockefeller Helms Lugar Warner amendments he is referring to. Burns Landrieu Roth Hutchinson Mikulski Wellstone Chafee Lautenberg Sarbanes Inhofe Moynihan Wyden Mr. WARNER. One under consider- Cochran Leahy Schumer ation is Senator BROWNBACK’s, and it The amendment (No. 392) was re- Daschle Levin Sessions relates to India and Pakistan and the jected. DeWine Lieberman Shelby current sanctions. Dodd Lincoln Smith (OR) Mr. GRAMM. Mr. President, I have a Mr. LEVIN. What was the other Edwards Lott Warner motion to reconsider. I enter a motion Feinstein Lugar Wyden amendment? to reconsider the vote, and I suggest Graham Mack Mr. WARNER. Senator ROBERT Hagel McCain the absence of a quorum. KERREY on strategic nuclear delivery The PRESIDING OFFICER. The NAYS—48 systems. clerk will call the roll to ascertain the Abraham Dorgan Jeffords Mr. LEVIN. And it is the hope of the presence of a quorum. Allard Durbin Johnson chairman that both of those be debated The legislative assistant proceeded Ashcroft Enzi Murkowski in the morning? Bennett Feingold Nickles to call the roll. Bond Fitzgerald Roberts Mr. WARNER. Mr. President, I ask Mr. WARNER. I would hope so, to- Brownback Frist Santorum unanimous consent that the order for gether with the remainder of BRAC. Bunning Gorton Smith (NH) Mr. LEVIN. I hope that during this the quorum call be rescinded. Byrd Gramm Snowe evening we will be able to try to sched- Campbell Grams Specter The PRESIDING OFFICER. Without Cleland Grassley Stevens objection, it is so ordered. ule timing for those amendments, if Collins Gregg Thomas The Senator from Virginia. possible. Conrad Helms Thompson Mr. WARNER. I would be happy Coverdell Hollings Thurmond Mr. WARNER. Mr. President, to ad- Craig Hutchinson Torricelli vise the Senate with regard to the im- to—— Crapo Hutchison Voinovich portant business remaining to be per- Mr. LEVIN. I do not know the status, Domenici Inhofe Wellstone formed tonight, I ask unanimous con- particularly, of the first one, but I The motion was agreed to. sent that the Senate now proceed to an would like to work on that this Mr. WARNER. Mr. President, I move amendment to be offered by Senators evening. Mr. WARNER. I yield the floor, Mr. to reconsider the vote. MCCAIN and LEVIN re: BRAC and that President. Mr. LEVIN. I move to lay that mo- there be 31⁄2 hours of debate equally di- tion on the table. vided between the proponents and op- The PRESIDING OFFICER. Who The motion to lay on the table was ponents. seeks recognition? agreed to. I further ask consent that all debate AMENDMENT NO. 393 VOTE ON AMENDMENT NO. 392 time be consumed during Tuesday, May Mr. MCCAIN. Mr. President, on be- Mr. WARNER. Mr. President, we 25, except for 2 hours, to be equally di- half of myself and Senator LEVIN, Sen- yield back time on both sides. vided, and to resume at 11:45 a.m. on ator BRYAN, Senator LEAHY, Senator The PRESIDING OFFICER. All time Wednesday. KOHL, Senator LIEBERMAN, Senator is yielded back. The question is on I further ask consent that the vote ROBB, Senator KYL, Senator HAGEL, agreeing to the amendment. occur on or in relation to the BRAC and Senator CHAFEE, I send an amend- Mr. GRAMM. I ask for the yeas and amendment on Wednesday at 1:45 p.m. ment to the desk and ask for its imme- nays. and no amendments be in order to the diate consideration. The PRESIDING OFFICER. Is there a amendment prior to the 1:45 p.m. vote. The PRESIDING OFFICER. The sufficient second? The PRESIDING OFFICER. Without clerk will report. There is a sufficient second. objection, it is so ordered. The legislative assistant read as fol- The yeas and nays were ordered. Mr. WARNER. Now, Mr. President, in lows: The PRESIDING OFFICER. The light of this agreement, there will be The Senator from Arizona [Mr. MCCAIN], question is on agreeing to amendment no reinstitution of a vote tonight. It is for himself, Mr. LEVIN, Mr. BRYAN, Mr. No. 392. The yeas and nays have been not the leader’s desire; I wish to make LEAHY, Mr. KOHL, Mr. LIEBERMAN, Mr. ROBB, that clear. Mr. KYL, Mr. HAGEL, and Mr. CHAFEE, pro- ordered. The clerk will call the roll. poses an amendment numbered 393. The legislative clerk called the roll. Mr. GRAMM. My intention would be The result was announced—yeas 49, to try to have the reconsideration to- Mr. MCCAIN. Mr. President, I ask nays 51, as follows: morrow. unanimous consent that reading of the amendment be dispensed with. [Rollcall Vote No. 146 Leg.] Mr. WARNER. I thank the Senator. Mr. LEVIN. Mr. President, I wonder The PRESIDING OFFICER. Without YEAS—49 whether or not we might be able to objection, it is so ordered. Ashcroft Feinstein McConnell schedule an amendment earlier in the The amendment is as follows: Bennett Fitzgerald Murkowski Biden Gorton Nickles morning for Senator KERREY. On page 450, below line 25, add the fol- Bond Graham Roberts Mr. WARNER. We are working on lowing: Brownback Grams Rockefeller that. SEC. 2822. AUTHORITY TO CARRY OUT BASE CLO- Burns Gregg Roth Mr. LEVIN. At 10:30; is that the ef- SURE ROUND COMMENCING IN 2001. Byrd Harkin Santorum (a) COMMISSION MATTERS.— Campbell Hatch Sessions fort? (1) APPOINTMENT.—Subsection (c)(1) of sec- Chafee Hollings Shelby Mr. WARNER. That is correct. Let tion 2902 of the Defense Base Closure and Re- Cochran Hutchison Snowe me just finish this and then I think it Coverdell Jeffords Specter alignment Act of 1990 (part A of title XXIX Craig Kerrey Stevens will be clear. of Public Law 101–510; 10 U.S.C. 2687 note) is Crapo Kohl Thompson Now, Mr. President, if I may con- amended— DeWine Kyl Thurmond tinue, in light of this agreement, there (A) in subparagraph (b)— Domenici Lott Voinovich will be no further votes this evening. (i) by striking ‘‘and’’ at the end of clause Dorgan Mack (ii); Durbin McCain Senators interested in the BRAC de- bate should remain this evening. The (ii) by striking the period at the end of NAYS—51 clause (iii) and inserting ‘‘; and’’; and Senate will resume the DOD bill at 9:30 (iii) by adding at the end the following new Abraham Bayh Bryan a.m. on Wednesday, and two amend- Akaka Bingaman Bunning clause (iv): Allard Boxer Cleland ments are expected to be offered prior ‘‘(iv) by no later than May 1, 2001, in the Baucus Breaux Collins to the 11:45 a.m. resumption of the case of members of the Commission whose May 25, 1999 CONGRESSIONAL RECORD — SENATE S5941

terms will expire on September 30, 2002.’’; (D) in paragraph (7), as so redesignated— Mr. MCCAIN. Mr. President, this and (i) in the first sentence, by striking ‘‘para- amendment authorizes a single round (B) in subparagraph (C), by striking ‘‘or for graph (5)(B)’’ and inserting ‘‘paragraph of U.S. military installation realign- 1995 in clause (iii) of such subparagraph’’ and (6)(B)’’; and ment and base closures to occur in the inserting ‘‘, for 1995 in clause (iii) of that (ii) in the second sentence, by striking ‘‘24 subparagraph, or for 2001 in clause (iv) of hours’’ and inserting ‘‘48 hours’’. year 2001. that subparagraph’’. (4) COMMISSION REVIEW AND RECOMMENDA- It is an argument and a debate that (2) MEETINGS.—Subsection (e) of that sec- TIONS.—Subsection (d) of such section 2903 is we have had several times in the past tion is amended by striking ‘‘and 1995’’ and amended— few years, but obviously the argument inserting ‘‘1995, and 2001, and in 2002 during (A) in paragraph (2)(A), by inserting ‘‘or by deserves to be ventilated again. I am the period ending on September 30 of that no later than February 1, 2002, in the case of reminded, in considering this amend- year’’. recommendations in 2001,’’ after ‘‘pursuant ment, of a comment made by my old (3) FUNDING.—Subsection (k) of that sec- to subsection (e),’’; dear and beloved friend, Morris Udall, tion is amended by adding at the end the fol- (B) in paragraph (4), by inserting ‘‘or after lowing new paragraph (4): February 1, 2002, in the case of recommenda- of my home State of Arizona, who once ‘‘(4) If no funds are appropriated to the tions in 2001,’’ after ‘‘under this subsection.’’; said after a long discussion of an issue Commission by the end of the second session and that had been fairly well ventilated: of the 106th Congress for the activities of the (C) in paragraph (5)(B), by inserting ‘‘or by Everything that could possibly be said on Commission that commence in 2001, the Sec- no later than October 15 in the case of such this issue has been said, only not everyone retary may transfer to the Commission for recommendations in 2001,’’ after ‘‘such rec- has said it. purposes of its activities under this part that ommendations,’’. commence in that year such funds as the I think that, again, will be the case (5) REVIEW BY PRESIDENT.—Subsection (e) with this base closing amendment, be- Commission may require to carry out such of such section 2903 is amended— activities. The Secretary may transfer funds (A) in paragraph (1), by inserting ‘‘or by no cause we have been around this track under the preceding sentence from any funds later than February 15, 2002, in the case of on several occasions. But I do have to available to the Secretary. Funds so trans- recommendations in 2001,’’ after ‘‘under sub- credit the imagination and inventive- ferred shall remain available to the Commis- section (d),’’; ness of the opponents of the base clos- sion for such purposes until expended.’’. (B) in the second sentence of paragraph (3), ing round because they continue to in- (5) TERMINATION.—Subsection (1) of that by inserting ‘‘or by no later than March 15, section is amended by striking ‘‘December vent new reasons to oppose a round of 2002, in the case of 2001,’’ after ‘‘the year con- base closings. They are charming ideas. 31, 1995’’ and inserting ‘‘September 30, 2002’’. cerned,’’; and (b) PROCEDURES.— (C) in paragraph (5), by inserting ‘‘or by One of them you will probably hear is (1) FORCE-STRUCTURE PLAN.—Subsection April 1, 2002, in the case of recommendations that base closings don’t save money. (a)(1) of section 2903 of that Act is amended in 2001,’’ after ‘‘under this part,’’; That is a very interesting and enter- by adding at the end the following: ‘‘The (c) CLOSURE AND REALIGNMENT OF INSTAL- taining argument. I wish we had held Secretary shall also submit to Congress a LATIONS.—Section 2904(a) of that Act is to that argument after World War II force-structure plan for fiscal year 2002 that amended— meets the requirements of the preceding sen- was over, because we would still have (1) by redesignating paragraphs (3) and (4) some 150 bases in my State of Arizona, tence not later than March 30, 2001.’’. as paragraphs (4) and (5), respectively; and (2) SELECTION CRITERIA.—Subsection (b) of which I am sure would be a significant (2) by inserting after paragraph (2) the fol- such section 2903 is amended— lowing new paragraph (3): benefit to our economy. (A) in paragraph (1), by inserting ‘‘and by ‘‘(3) carry out the privatization in place of Another aspect of this debate you no later than March 1, 2001, for purposes of a military installation recommended for clo- will hear is that the issue of base clos- activities of the Commission under this part sure or realignment by the Commission in a ings has been politicized and, therefore, that commence in 2001,’’ after ‘‘December 31, report in 2002 only if privatization in place is 1990,’’; and we can’t have one. I think my friend, (B) in paragraph (2)(A)— a method of closure or realignment of the in- the distinguished chairman, has come (i) in the first sentence, by inserting ‘‘and stallation specified in the recommendation up with a new and entertaining argu- by no later than April 15, 2001, for purposes of the Commission in the report and is deter- ment that every time we go through a of activities of the Commission under this mined to be the most cost effective method of implementation of the recommendation;’’. base closing, every town, city, and part that commence in 2001,’’ after ‘‘Feb- State goes through a very difficult pe- ruary 15, 1991,’’; and (d) RELATIONSHIP TO OTHER BASE CLOSURE (ii) in the second sentence, by inserting ‘‘, AUTHORITY.—Section 2909(a) of that Act is riod of time. I agree with him. I cer- or enacted on or before May 15, 2001, in the amended by striking ‘‘December 31, 1995,’’ tainly agree with him as he will pose case of criteria published and transmitted and inserting ‘‘September 30, 2002,’’. that argument. But that doesn’t in the under the preceding sentence in 2001’’ after (e) TECHNICAL AND CLARIFYING AMEND- slightest change the requirement that ‘‘March 15, 1991’’. MENTS.— we need to close some bases. (3) DEPARTMENT OF DEFENSE RECOMMENDA- (1) COMMENCEMENT OF PERIOD FOR NOTICE I have to tell my friend, the chair- TIONS.—Subsection (c) of such section 2903 is OF INTEREST IN PROPERTY FOR HOMELESS.— man, it doesn’t ring true to stand and Section 2905(b)(7)(D)(ii)(I) of that Act is amended— lament the state of the military, our (A) in paragraph (1), by striking ‘‘and amended by striking ‘‘that date’’ and insert- March 1, 1995,’’ and inserting ‘‘March 1, 1995, ing ‘‘the date of publication of such deter- declining readiness, our lack of mod- and September 1, 2001,’’; mination in a newspaper of general circula- ernization of the force, all of the evils, (B) by redesignating paragraphs (4), (5), tion in the communities in the vicinity of the recruitment problems, and the fail- and (6) as paragraphs (5), (6), and (7), respec- the installation under subparagraph ure to fund much-needed programs, and tively; (B)(i)(IV)’’. then not support what is clearly most (C) by inserting after paragraph (3) the fol- (2) OTHER CLARIFYING AMENDMENTS.— needed, according to the Chairman of lowing new paragraph (4): (A) That Act is further amended by insert- ‘‘(4)(A) In making recommendations to the ing ‘‘or realignment’’ after ‘‘closure’’ each the Joint Chiefs of Staff and according Commission under this subsection in 2001, place it appears in the following provisions: to the Secretary of Defense—and ac- the Secretary shall consider any notice re- (i) Section 2905(b)(3). cording, really, to every objective ob- ceived from a local government in the vicin- (ii) Section 2905(b)(4)(B)(ii). server of our military establishment. ity of a military installation that the gov- (iii) Section 2905(b)(5). Why is it that it took us a month to ernment would approve of the closure or re- (iv) Section 2905(b)(7)(B)(iv). get Apache helicopters from Germany alignment of the installation. (v) Section 2905(b)(7)(N). to Albania? Why is it that we are now ‘‘(B) Notwithstanding the requirement in (vi) Section 2910(10)(B) hearing if we decided tomorrow to pre- subparagraph (A), the Secretary shall make (B) That Act is further amended by insert- the recommendations referred to in that sub- ing ‘‘or realigned’’ after ‘‘closed’’ each place pare for ground troops—an idea which paragraph based on the force-structure plan it appears in the following provisions: was soundly rejected by this body—but and final criteria otherwise applicable to (i) Section 2905(b)(3)(C)(ii). if finally the recognition came about such recommendations under this section. (ii) Section 2905(b)(3)(D). that we are really not winning this ‘‘(C) The recommendations made by the (iii) Section 2905(b)(3)(E). conflict, that Mr. Milosevic is achiev- Secretary under this subsection in 2001 shall (iv) Section 2905(b)(4)(A). ing all of his objectives, and we con- include a statement of the result of the con- (v) Section 2905(b)(5)(A). tinue to hear great reports about how sideration of any notice described in sub- (vi) Section 3910(9). paragraph (A) that is received with respect (vii) Section 2910(10). we have destroyed so much of their ca- to an installation covered by such rec- (C) Section 2905(e)(1)(B) of that Act is pability, yet, the ethnic cleansing is ommendations. The statement shall set forth amended by inserting ‘‘, or realigned or to be nearing completion and Mr. Milosevic the reasons for the result.’’; and realigned,’’ after ‘‘closed or to be closed’. has more troops now than less, why is S5942 CONGRESSIONAL RECORD — SENATE May 25, 1999 it that it would take many, many We are writing to you to express our strong to dispose of base property and to create new weeks, if not months, to get a force in and unified support for authorization for ad- jobs in the future. place in order to move into Kosovo to ditional rounds of base closures .... The Department’s ability to properly sup- help right the atrocities that have been * * * * * port America’s men and women in uniform The importance of BRAC goes beyond sav- today and to sustain them into the future committed there? It is because we have hinge in great measure on realizing the crit- not restructured our military estab- ings, however. BRAC is the single most effec- tive tool available to the Services to realign ical savings that only BRAC can provide. As lishment. It is that simple. their infrastructure to meet the needs of such, the Chairman and Joint Chiefs are The military establishment in the changing organizations and to respond to unanimous in their support of our legislative cold war, very correctly, was struc- new ways of doing business. No other initia- proposals, and I most strongly solicit your tured for a massive conventional tank tive can substitute for BRAC in terms of support and that of your colleagues. war on the plains of Europe, the cen- ability to reduce and reshape our infrastruc- BILL COHEN. tral plains of Europe. That was what ture. Simply stated, our military judgment CHAIRMAN OF THE our military was all about, and that is that further base closures are absolutely necessary. JOINT CHIEFS OF STAFF, was the major threat to our security. Washington, DC, May 10, 1999. Signed by all of the members of the And now we have a military, which we Hon. JOHN WARNER, have failed to restructure, we have Joint Chiefs of Staff. Chairman, Committee on Armed Services, failed to make mobile, we have failed I ask unanimous consent that the Washington, DC. to become capable to move anyplace in letter from Secretary Cohen and the DEAR MR. CHAIRMAN: We are writing to you the world—in this case rather a short letter from the Joint Chiefs of Staff be to express our strong and unified support for distance, from Germany to Albania— printed in the RECORD. authorization for additional rounds of base closures when the Senate Armed Services and, once there, decisively impact the There being no objection, the letters were ordered to be printed in the Committee marks up the FY 2000 Depart- battlefield equation. There are many ment of Defense Authorization Bill next RECORD, as follows: reasons for this. week. There was a great article in the Wall THE SECRETARY OF DEFENSE, Previous BRAC rounds are already pro- Street Journal a few weeks ago about 1000 DEFENSE PENTAGON, ducing savings—$3.9 billion net in 1999 and how the Army had plans to restructure; Washington, DC, May 11, 1999. $25 billion thorugh 2003. We believe that two yet, at the end of the day, they failed Hon. CARL LEVIN, additional rounds of BRAC will produce even Ranking Member, Armed Services Committee, more savings—an additional $3.6 billion each to do so for various reasons—by the Washington, DC. way, the lesson being that the military year after implementation. This translates DEAR CARL: As I have on many occasions, directly into the programs, forces, and budg- will not restructure itself. It has to be I want to convey my strong support for ap- ets that support our national military strat- done with an active role by the Con- proval of additional rounds of Base Realign- egy. Without BRAC, we will not have the gress. ment and Closure (BRAC) authority as part maximum possible resources to field and op- But to sit here, as we are today, with of the FY 2000 Department of Defense Au- erate future forces while protecting quality all these shortages, where all of us are thorization Bill, which the Senate Armed of life for our military members. We will also Services Committee is marking up this lamenting the incredible problems we be less able to provide future forces with the week. modern equipment that is central to the have; yet, we then support a base struc- As you are aware, the first three rounds of plans and vision we have for transforming ture which cannot be justified for any BRAC have already yielded some $3.9 billion the force. logical reason, is something that I net savings in FY 1999 and will generate The Department’s April 1998 report to Con- think causes us great credibility prob- more than $25 billion by the year 2003. These gress demonstrates that 23 percent excess ca- lems—first, with people who pay atten- savings have proven absolutely critical to pacity exists. The Congressional Budget Of- tion to these kinds of things, and, sec- sustaining ongoing operations and current fice agrees that our approach to estimating ond, at the end of the day with the levels of military readiness, modernization excess capacity yields a credible estimate. and the quality of life of our men and women American people. The General Accounting Office also agrees in uniform. Even still, the General Account- that DOD continues to retain excess capac- I say this with full realization and ing Office (GAO) points out that the Depart- appreciation that there are bases in my ity. ment of Defense continues to retain excess The importance of BRAC goes beyond sav- home State that may be in danger of infrastructure, which we estimate at roughly ings, however. BRAC is the single most effec- being closed. There was a base closed in 23 percent beyond our needs. tive tool available to the Services to realign As you know, we are aggressively reform- the round of base closings before the their infrastructure to meet the needs of ing the Department’s business operations last one, which, by the way, is now gen- changing organizations and to respond to and support infrastructure to realize savings erating more revenue for the State of new ways of doing business. No other initia- wherever possible. Nevertheless, no other re- tive can substitute for BRAC in terms of Arizona than it did while it was a func- form even comes close to offering the poten- ability to reduce and reshape infrastructure. tioning military base. But setting that tial savings afforded by even a single round Simply stated, our military judgment is that aside, when the base was closed, of of BRAC. There simply is no substitute for further base closures are absolutely nec- course, there was great trauma. There base closure and realignment. The two additional rounds under consider- essary. was great dislocation among many ci- BRAC will enable us to better shape the ation by the Committee will ultimately save vilians who worked out at Williams Air quality of the forces protecting America in $20 billion and generate $3.6 billion dollars Force Base. But the fact is that we the 21st century. As you consider the 2000 annually. Both the Congressional Budget Of- budget, we ask you to support this proposal. have to reduce the size of our base fice and the GAO affirm the reasonableness GENERAL HENRY H. SHELTON, USA, structures or we will continue to not and credibility of our estimates for savings Chairman, Joint Chiefs of Staff. be able to fund the much-needed im- from BRAC. In exchange for property that GENERAL DENNIS J. REIMER, USA, provements that are absolutely vital to we neither want nor need, we can direct $3.6 Chief of Staff, US Army. us being able to conduct a conflict or billion on an annual basis into weapons that GENERAL MICHAEL E. RYAN, USAF, give our troops a life-saving edge, into train- war. Chief of Staff, US Air Force. ing that keeps our forces the finest in the Our former colleague, Secretary GENERAL JOSEPH W. RALSTON, USAF, world, and into the quality of life of military Cohen, says. Vice Chairman, Joint Chiefs of Staff. families. Nevertheless, no other reform even comes I well appreciate both the difficult decision ADMIRAL JAY L. JOHNSON, USN, close to offering the potential savings af- you and your colleagues now face, as well as Chief of Naval Operations. forded by even a single round of BRAC. the legitimate concerns of bases and commu- GENERAL CHARLES C. KRULAK, USMC There simply is no substitute for base clo- nities potentially affected by additional Commandant of the Marine Corps. sure and realignment. rounds of BRAC. At the same time, many Mr. MCCAIN. Mr. President, as I said The two additional rounds under consider- success stories across the nation prove that at the beginning of my remarks, we ation will ultimately save $20 billion and base closure and realignment can actually have been over this many, many times. generate $3.6 billion annually, lead to increased economic growth. In fact, Moreover, the Department continues to The annual net savings from previous the GAO recently noted that in most post- streamline the process, making it even easi- BRAC rounds will grow from almost $4 BRAC communities incomes are actually ris- er for communities to dispose of base prop- ing faster and unemployment rates are lower billion this year to $5.67 billion per erty and to create new jobs in the future. than the national average. Moreover, the De- year by 2001. The savings are real. They The Chairman of the Joint Chiefs of partment continues to streamline the proc- are coming sooner and are greater than Staff wrote: ess, making it even easier for communities anticipated. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5943 GAO recently noted that in most because they understand. They get it. closures. But I, for one, recognize the communities where bases were closed They get what is going on here. They imperative nature of doing this, for incomes are actually rising faster and get why we are not having a base clos- many of the reasons that were so well unemployment rates are lower than ing round when we need it. They know outlined by the Senator from Arizona. the national average. Additionally, a why it is being done. It will not pass We have already in the past in Rhode provision in the bill allows for the no- but for one simple reason; that is, Island—and I suspect in other places cost transfer of property from the mili- strictly parochial concerns that some- around the country—suffered from cut- tary to the community in areas that how there may be some political back- backs. In fact, before the base closing are affected by the closures. lash associated with the closure of a process was established back in the Our Armed Services are carrying the base. I find that disgraceful. early 1970s, one of our major bases, burden of managing and paying for an I appeal again to the better angels of Quonset Point Air Station, was closed estimated 23 percent of excess infra- our nature, and recognize that every and, indeed, we lost effectively all of structure that will cost $3.6 billion this military expert within the military es- the surface ships that used to regularly year alone, $3.6 billion that could be tablishment, both within the Govern- be stationed in Newport. The result spent in efforts to retrain our pilots ment and without, says that we need to was traumatic to my home State. who are getting out faster than we can close bases. We need to have a base Rhode Island is the smallest State in train them. It could be spent on re- closing round, and we do not have to the country. Every family in Rhode Is- cruiting qualified men and women of make it political. land either had some connection to which there are significant shortfalls, We have put in every possible con- Quonset Point Air Station or knew especially in the U.S. Navy. It could be straint to prevent there being so many. someone who worked there. Whole fam- spent on retaining the highly qualified We need to do it soon. Otherwise, we ilies had to leave the State. Many men and women who are leaving the will continue to suffer in our capa- moved down to Wilmington, NC, where Armed Forces in droves. There are so bility. We will continue to suffer in our there was another naval aviation cen- many things we can do with an addi- readiness. We will continue to suffer in ter. It caused great trauma and it set tional $3.6 billion. But it will probably our modernization. But most of all, our economy back tremendously. In not happen. these brave young men and women who fact, we are still trying to reestablish I want to tell my colleagues that oc- serve our country will be shortchanged and regenerate that site. casionally we lose credibility around because we will not have adequate But despite all of that—despite the here because of some of the things we funds. real costs to individuals, the real costs do—the pork barrel spending, for exam- I know a lot of these young people do to families—we have to do this in order ple, that seems to be on the rise rather not vote. I know a lot of them don’t to maintain a national defense that than decreasing, if you had the chance even get absentee ballots. Many of will truly be efficient and effective. to examine the supplemental emer- them are stationed far away. But I It is difficult to talk about this issue gency bill we just passed. That, of think perhaps we ought to have con- and to tell constituents that there course, is not pleasant for me to con- cern about them in how these funds might be another round of base clos- template. can improve their lives and keep many ings, but it is absolutely necessary. We But when we are fooling around with of them in the military and keep our are maintaining a cold war military national security, when we are fooling Nation ready to defend itself. structure in terms of bases. Yet, we around with our Nation’s ability to de- I yield the floor. know we need to reform and to reorga- fend our vital national interests in Mr. President, I ask for the yeas and nize. We will face new threats in the these very unsettling times, then I nays on the amendment. century beyond with a cold war mili- would argue that we bear a heavy re- The PRESIDING OFFICER. Is there a tary structure. sponsibility. sufficient second? As the Senator from Arizona said, we This is a simple amendment—one There is a sufficient second. organized so much of our military to round, year 2001. The Commission is The yeas and nays were ordered. support a huge landforce that was de- not appointed until May 2001. So this The PRESIDING OFFICER. Who signed to counterattack a threat from President does not have any hand in yields time? the former Soviet Union. That has the appointment of a base closing com- Mr. REED. Mr. President, will the mercifully evaporated with the demise mission. We really need two rounds. Senator from Arizona yield 10 minutes? of the Soviet Union. The new threats But this is at the request of the Sen- Mr. MCCAIN. Mr. President, I yield to our national security are different. ator from Michigan. It will only be one such time as he may consume to the Yet, we still have the same cold war round. Senator from Rhode Island. base infrastructure which we must re- Savings over the next 4 years are The PRESIDING OFFICER. The Sen- form, and the only practical way to do conservatively estimated to reach $25 ator from Rhode Island. that is to organize another round of billion. We probably won’t do it. We Mr. REED. I thank the Senator from base closings. probably won’t do it. We couldn’t do it Arizona. It is a difficult decision, but it is a in the Armed Services Committee, the Mr. President, I rise in support of decision that we must make. committee that is supposed to have the this amendment that would authorize a The numbers speak for themselves. most knowledgeable people on national single round of base closures during the This is almost a mathematical equa- defense. year 2001. I commend both the Senator tion in terms of what we must do. We Again, there are really some of the from Arizona and the Senator from are maintaining approximately 23 per- most interesting arguments I have ever Michigan for presenting this amend- cent extra capacity in the Department heard. We save money by not closing ment to the Senate today. of Defense in terms of our bases. If you bases. That is an interesting argument. I am well aware that we all recognize look at our force structure, the troops Again, I wish we had never closed a this is a very sensitive issue, because it in the field, the men and women who base after World War II, using that potentially impacts the constituents of are actually the war-fighters who de- logic. Or perhaps we should build more each and every one of the Members of fend the Nation every day, we have re- bases. The fact is that this causes dis- the Senator. duced those numbers by 36 percent comfort to towns, communities, and My home State of Rhode Island is no since 1989. Yet, we have only been able States around the country when a base exception to this. We are the proud to reduce our infrastructure by 21 per- closing commission is appointed. I home to a significant presence of the cent. There is an imbalance. We have a agree with that. I am sorry that hap- U.S. Navy, both at the Naval War Col- smaller force structure. Yet we still pens. I stack that discomfort up lege and the Naval Undersea Warfare have much of the old real estate that against the fact that we still have Center in Newport. we accumulated from World War II all 11,000 enlisted men and women on food We have a tradition of Naval service the way through the cold war. stamps. in Rhode Island. As in every other We already embarked on limited base I hope we will have the American State, we are sensitive to the potential reductions in previous base closing people at least weigh in on this issue, vulnerabilities of another round of base rounds. We have saved approximately S5944 CONGRESSIONAL RECORD — SENATE May 25, 1999 $3.9 billion to date. It is estimated that retary of Defense, the Chairman of the grilled me for hour after hour after the base closing process that has al- Joint Chiefs of Staff, the Service Sec- hour, together with the Chief of Naval ready taken place will yield $25 billion retaries, the uniformed heads of our Operations. That convinced me that we by the year 2003. military services. They all know that had to have a process called BRAC. Those are the significant savings. they need additional dollars for higher I say with humility I was the co- Yet, we hear lots of folks disputing the priority items than some of these author of the first BRAC statute, co- savings. I think everyone in America bases. author of the second BRAC statute. recognizes that when you close unnec- Last September, the Service Chiefs Then I lost confidence in BRAC be- essary bases, you save money. That is came to the Senate Armed Services cause of what the Senator just said— what corporate America has been doing Committee and said they needed more the politicization of the process as it now for the last 10 years. That is, in resources to do the job. We were quite related to decisions in California and fact, one of the reasons why American forthcoming. In fact, we authorized $8.3 Texas. If we were to pass this all over productivity and American corporate billion over the President’s budget re- America, these communities would profits are soaring and Wall Street is quest. Yet, when they say they equally suddenly begin to wonder: Will politics reflecting those results. It is because need the closing of excess bases, we ig- play as the bureaucrats in the Depart- American businesses have the flexi- nore their plea—equally fervent, equal- ment of Defense begin their assigned bility to close unwanted facilities, ly important, equally necessary for the task to work up those lists that slowly many times painfully so, to small com- success of the Department of Defense, go to the top and eventually to the munities. yet we ignore this plea. BRAC Commission? But in the military establishment, Some of this has been a result of Mr. President, that is the problem. we have denied our managers—the Sec- claims that the last base closing round That is a problem shared by so many of retary of Defense and the Chairman of was politicized. This proposal is that our colleagues. That was the problem the Joint Chiefs and his colleagues— the process be conducted in the year that was shared by the majority of our that same type of flexibility. We have 2001, which is beyond the term of this committee, the Armed Services Com- done it in a way which has retarded our administration. I think the argument mittee, on which we all serve with ability to save billions of dollars which of politicization is false because what- great pride. In two instances, that we need for other priorities in the De- ever confidence or lack of confidence committee turned down the proposal partment of Defense. you have in this current administra- which the Senators bring before the Another charge was raised in this tion, this proposal, this amendment, Senate tonight. That is the process. discussion about why base closings Mr. MCCAIN. Will the Senator yield? would carry it beyond this administra- Mr. REED. I yield. shouldn’t be pursued at this moment. tion into the next administration. Mr. MCCAIN. If the Senator doesn’t It said that there is no effective audit Mr. WARNER. Will the Senator like the fact that it upsets the commu- of these savings. In many respects, yield? nities but believes that we need to what we have saved, if you will, are Mr. REED. I am happy to yield to the close bases, does the Senator have an- costs that would have been incurred. Senator. other solution? They are foregone. They won’t be in- Mr. WARNER. That is the problem Mr. WARNER. Yes, the solution, re- curred. It is difficult to audit some that troubles the Senator from Vir- grettably, I say to my good friend, is things you won’t spend money on, but ginia the most—the California and that we have to wait until the next those savings are equally real. Texas experiences. President determines whether or not in We have a situation where we know As I listened to my good friend from his judgment we should have a BRAC we have saved money in previous base Arizona, he made rational positions Commission and he comes before the closing rounds—billions of dollars. And and I agree with him; the Senator from Congress and he requests it. we know through estimates that we New Jersey made rational positions. I will commit right now, no matter will save in this round additional However, the practical thing that who wins the office of the Presidency, money if we authorize an additional will happen if the Congress of the including, if I may say with great re- round of base closings. This is an esti- United States were to enact a base clo- spect, yourself, I would be the first to mate that has been agreed to by both sure bill—this bill—the day after the sponsor a BRAC Commission under the the Congressional Budget Office and signature is affixed by the President, McCain administration and I will work the General Accounting Office. They the work begins in the Department of relentlessly to get it through the Sen- estimated there is excess capacity, Defense down at the level of the serv- ate. that we can save money by another ices to work up the list of communities But that would be the moment that round of base closings. which, in the judgment of the Army, the bureaucracy begins to work up the There is another argument that has the Navy, the Air Force and certain list of the communities. been raised to try to defeat the notion DOD facilities is to be boarded up, and Mr. MCCAIN. May I just say with all of a new round of base closings: That eventually it goes to the BRAC Com- due respect, if I may, the amendment the environmental cleanup costs asso- mission. calls for a base closing commission to ciated with closing bases eats up all True, the next President would ap- be appointed in May of 2001. The elec- the savings. point that BRAC Commission. But the tion takes place in November of the The reality, legally, is that the De- staff work would have been done. year 2000, as I seem to recollect; some partment of Defense is responsible for The communities all across America, 5 or 6 months later is when the com- these cleanup costs regardless of as my good friend from Arizona pointed mission is appointed. whether they keep the bases open or out in repeating my statement, become The logic of the Senator from Vir- they close them. The only difference is suddenly on full alert that it could be ginia, in all due respect to my chair- an accounting difference. When you their base. They have a long tradition man, escapes me. There will be a new close a base, there is much more of an in this country of embracing that base. President of the United States, there accelerated cleanup so the property It is not just because of economic rea- will be a new Secretary of Defense. Ob- can be turned over to civilian author- sons and jobs. It is also, as the Senator viously, the chairman doesn’t trust or ity. In terms of the dollar responsi- well knows, because of the tradition in have confidence in the Secretary of De- bility, the contingent liabilities out the community. fense and the Chairman of the Joint there for cleanup of military bases re- Does the Senator realize I was the Chiefs of Staff, both of whom sent over main the same, regardless of whether Secretary of the Navy who closed the compelling statements and letters. So we have a base closing round or we just largest naval base and destroyer base if it is a new President that you want, simply let these excess bases continue in your State? Your predecessor, Sen- there will be a new President. to operate. That, too, is not a reason to ator Pastore, brought this humble pub- If I get this right, what the distin- defeat the notion of a base closing lic servant, the Secretary of the Navy, guished chairman is saying is that we round today. down to the caucus room of the Senate will just put everything on hold for a As the Senator from Arizona pointed of the Russell Building before more year or two until we get a new Presi- out, this is the top priority of the Sec- cameras than I have ever seen and dent, then we can start a process? May 25, 1999 CONGRESSIONAL RECORD — SENATE S5945 This amendment says there will be a an honest Secretary of Defense—who I Mr. WARNER. Or at any level. new President, there will be a new Sec- think our good friend would concede is Mr. MCCAIN. There would be no retary of Defense, there will be a new an honest one—— movement. Chairman of the Joint Chiefs of Staff, Mr. WARNER. Mr. President, I do. Mr. LEVIN. I want the Record to be as a matter of fact, and that is what Mr. LEVIN. This work would begin clear, that comment came from the this amendment contemplates. and somehow or other it would take prime sponsor of this legislation. Mr. WARNER. Mr. President, I reply hold. That there would not be a computer to both friends, this is a very inter- So we delayed the transmittal to keyboard touched in the bowels or any esting colloquy. September 1 of the year after the new level of the Pentagon prior to January First, I hope my good friend would President is elected, 6 months—more 21 of next year—would the Senator ac- amend it that the Secretary of De- than that, 8 months after the new cept that amendment? fense—perhaps he could stay on and I President is in office. Mr. WARNER. Mr. President, in the would join at that point; I have the It seems to me at this point that the course of the deliberation in the Armed highest confidence in the Secretary of argument about politicization is now Services Committee I came up with a Defense. being used as an excuse not to act. We phrase. I said there was no way to Mr. MCCAIN. The Senator has a have done everything we possibly can write into law the word ‘‘trust.’’ There- strange way of displaying that con- to eliminate any possibility of that. fore, my answer to my good friend is: fidence if you don’t agree with his pri- The new President is not required to No. The PRESIDING OFFICER. The Sen- mary and most important rec- transmit names for a base closure com- ator from Rhode Island controls the ommendation. mission. As the good Senator from Vir- Mr. WARNER. But, I say to my good ginia knows, if the new President does time. Mr. REED. Briefly, because I know friend, it is not the Secretary. The not want a base closing round, he or my colleagues are eager to continue in work begins literally down in the bow- she need not have it. That is the law. colloquy, but in response to the chair- els of that building, in which I was All the new President has to do is not 1 man, most of what I think was the ini- privileged to remain for 5 ⁄2 years, down nominate anybody. tiative, if you will, involved in the last So you have total control in the new at the low level of the staff beginning base closing, came after the particular to work up those lists. And that polit- President. You have 9 months to sub- bases were identified for closing by the ical problem that arose in California mit the recommendations. At this Commission. It was not a question and Texas could begin to creep into point, the politicization argument, it where political decisions were made to those basement and lower areas in the seems to me—talking about reaching close bases. I think, rather, political Pentagon, begin to influence those de- down? I think the good Senator, my decisions were made to try to avoid cisions which would gravitate to the good friend, is reaching back. and go around the work of the Commis- top. Mr. MCCAIN. Could I ask my friend sion. So the Commission process is, I Mr. LEVIN. Will the Senator from from Virginia, would he agree to an think we would all agree, as unpolitical Rhode Island yield? amendment which had the base closing as you can get. The research in the Mr. REED. If I can retain my time. round begin in the year 2002? bowels of the Pentagon is, I think, Mr. MCCAIN. In all due respect to my Mr. WARNER. Mr. President, the an- similarly nonpolitical. If it is not, then friend from Virginia, he knows where swer is very simple: No. Because the we have more worries than a base clos- that California and Texas thing came moment the ink is dry and this be- ing commission, if we have GS–14s from. It didn’t come from the bowels of comes law—would the Senator not doing political deeds for anyone rather the Pentagon; it came from the White agree with me that the staff work be- than looking rationally and logically House. That is why, as he knows, we gins on this the day it becomes law? at the needs of the service and the in- are saying this Commission should The decisions begin to be made. The frastructure to support those needs. only convene after there is a new Presi- communities all across America go on If the administration was guilty of dent of the United States. full alert. The communities begin to politicization, then shame on them. Mr. WARNER. I agree with that. hire expensive consultants to help But we are running the risk of, our- That is precisely why I object, because them in the process, to prepare their selves, politicizing this process. We are that same White House could begin to case so that community is not struck. running the risk of rejecting the logic. communicate down with those good, Am I not correct? Does any one of the The overwhelming conclusion I think honest, hard-working GS–14 employees three wish to dispute that the work be- any rational person could draw is that of the Department of Defense. That is gins at the bureaucratic level, by hon- we have to start closing bases. The where it could start. est, conscientious individuals—— base closing mechanism is the best way Mr. LEVIN. If the Senator will yield, Mr. MCCAIN. I ask my friend—— to do that, and we are in a situation the Senator from Virginia said how The PRESIDING OFFICER. The where, if we resist this, if we cannot much confidence he has in the Sec- Chair reminds the Members of the Sen- find a formulation, we are going to po- retary of Defense. Is the Senator sug- ate, the Senator from Rhode Island liticize it worse than anything that is gesting that the Secretary of Defense controls the time. purported to have been done by the ad- is going to stand by while some polit- Mr. MCCAIN. I ask unanimous con- ministration. ical person from somewhere reaches sent that we continue this colloquy I strongly support the measure of- around him into the bowels of the Pen- and maybe, to make the sides even, the fered by the Senator from Arizona and tagon to give a signal that some base Senator from Maine would like to en- the Senator from Michigan. We have an should not be considered? gage us as well. opportunity to align our force struc- It is because our good friend from Mr. WARNER. I would welcome the ture and our base structure to give re- Virginia did not want there to be any Senator from Maine. That resonant sources to the Department of Defense, possibility of any political involvement voice will reverberate through this to support the really pressing needs of by anybody that we delayed the date Chamber with a reasonable approach to our troops, to retain them, to train for the Secretary of Defense to trans- this. them, to provide them a quality of life mit the base closure recommendations Mr. LEVIN. May I suggest, if the they deserve. to September 1, 2002. Senator will yield, that the Senator When you go out to visit troops—I The new President and the new Sec- needs the support and help of the Sen- know everyone here on this floor today retary of Defense—or the current one, ator from Maine. But before that sug- does that frequently—what those if he is continued—will have until Sep- gestion resonates through this Cham- young troops are worried about is: Do tember 1 to transmit the base closure ber, I will say just one other thing. they have the best training, best equip- recommendation. We delayed it 6 Would the Senator accept an amend- ment, and are their families well taken months because the Senator, in com- ment that says no staff work can begin care of? They do not worry about mittee, said he was concerned that the until January 21 of the year 2000? If we whether we have a base in Oregon or a preliminary work could be done now added that language in the bowels of base in Texas or a base in Rhode Is- and somehow or other, unbeknownst to the Pentagon, nobody—— land. They worry about their training, S5946 CONGRESSIONAL RECORD — SENATE May 25, 1999 their readiness for the mission, their been offered by Senator MCCAIN and need to determine the future of our weapons, and whether their families Senator LEVIN concerning the estab- military bases. are taken care of. If we listen to them, lishment of another Base Closing Com- What systems, what airfields, and we will support this amendment. mission process in the year 2001. what ports do we need to sustain in I yield the floor. It is not a matter of when it is estab- light of our engagement in the Balkans The PRESIDING OFFICER. The Sen- lished. It is not a matter by whom it is and considering the fact that the Pen- ator from Arizona. appointed. I think the question is tagon planners thought that the Na- Mr. MCCAIN. Mr. President, I thank whether or not the Department of De- tion’s two simultaneous conflicts the Senator from Rhode Island for the fense and this administration has an- would likely occur in Asia and the Per- very strong and, I think, thoughtful swered the questions that have been sian Gulf? statement. He is a much valued mem- raised time and time again in the com- What depots can provide competition ber of the committee. I appreciate his mittee and on the floor of this Senate for the private sector? efforts in this area. with respect to a number of issues that What shipyards can provide the Navy I do not like to belabor my old and justify having another base closing with a diversified industrial base to dear friend, the former Secretary of the round. Having been involved in the four sustain the next generation of sub- Navy and chairman of the committee. previous rounds, I can tell you it raises marines that will maneuver in our wa- Our respect and friendship is mutual. It a number of issues with respect to the ters? has been there for many, many years. efficiency and the effectiveness of base What airbases must stay active to Mr. WARNER. Mr. President, if I closings. support long-range power projection may say, it will be there for an eter- We are seeing already with our com- capabilities we now have with the di- nity. mitment in Kosovo the Defense Depart- minished forward presence overseas? Mr. MCCAIN. I thank my friend from What configuration of domestic bases Virginia. ment cannot continue to decide which I do have to mention one other as- installations to downsize or close by does the country require to project a pect of this issue that is important, making arbitrary comparisons to per- smaller force over long distances that and then I know the Senator from sonnel reductions. Just since the hos- we now lack because we have a dimin- Maine has been patiently waiting. tilities began in March, we have seen ished presence in Asia and Europe? We do have a credibility problem the Pentagon divert a carrier battle This fact means at a minimum the here. We are asking these young people group to the Adriatic leaving the west- country has to stabilize a number of to do without. Some of them right now ern Pacific without a carrier for the domestic facilities to prepare forces are in harm’s way. We ask them to first time in decades. once deployed abroad for long-range spend time in the middle of the desert It has contributed more than 400 air- projections from this country. How has and the middle of Bosnia under very craft to the NATO campaign against DOD calculated the vulnerability of po- difficult, sometimes nearly intolerable Yugoslavia. litical uncertainties of gaining access conditions. We have an Air Force that It has nearly depleted the Nation’s to our Middle Eastern military assets is half the size of what it was at the air-launched precision missile stocks, in the event of another regional crisis? time of Desert Storm, and it has four exhausted our tanker fleet, and called These are the unanswered questions. times the commitments. We simply do up 33,000 reservists. These are the questions that need an- not have a military that we can sus- Now we have a situation where we swers, not some isolated percentages tain under the present conditions. are conducting a campaign regarding that should determine the size and the If we are not willing to make a sac- Kosovo and it has been revealed that shape of our basing network. These are rifice of the possibility of a base clo- the air and sea bridges required to the answers that we do not have. sure in our home State, how in the ‘‘swing’’ forces into one major theater We have discrepancies in the num- world can we ask these young people to war to support a second conflict makes bers that have been provided to us by risk their lives? This is an issue of the risk of prevailing in the latter en- the Department of Defense. We do not credibility. If we are going to make the gagement too high because of the oper- have the assessments. We do not have kind of changes necessary to restruc- ational strains on personnel, weapons, the matching infrastructure to the se- ture the military, there are going to and maintenance schedules. Yet, the curity threat. We have not made a de- have to be some very tough decisions Pentagon persists with the position termination with respect to the assets, made. Base closing is just one of them. that we must close more bases. But and even the national defense plan in- But if we cannot even make a decision who is really making these assump- dicated in its own report that it was to have a base closing commission, on tions about the volatile and complex necessary to make that determination the recommendation of every expert nature of warfare as we approach the based on a report. In fact, the panel inside and outside the defense estab- 21st century? said it strongly urges Congress and the lishment of the United States of Amer- The standard the administration is Department to look at these issues. ica, then I do not think we have any putting forth is personnel reductions; They talked about if there is going to credibility in other decisions that the that closing 36 percent of our bases is be a next round, it might be preceded committee or the Senate will make. absolutely essential, if 36 percent of all by an independent, comprehensive in- I realize that bases are at risk. I real- our people have left the military since ventory of all facilities and installa- ize there can be economic dislocation. I the peak of the cold war. But the tions located in the United States. This recommend and I recognize all those standard must remain if we are to be review would provide the basis for a aspects of a base closing commission. truly honest about what kinds of as- long-term installation master plan But for us to tell these young men and sumptions and determinations we must that aligns infrastructure assets with women, whom we are asking to sac- make. We should be making a decision future military requirements and pro- rifice and take risks, that we will not of adapting our infrastructure to the vides a framework for investment and take the political risk of approving the mix of security threats that we antici- reuse strategies. base of the base closing commission pate into the 21st century. I do not We raised this issue time and time that would convene under the tenure of think that we have to project that far again in the committee and in the Sen- the next President of the United States out to recognize what we can expect for ate over the last 2 years to those indi- under the most fair and objective proc- the types of conflicts that we will be viduals who are propounding this ess that we know how to shape, then, facing in the future. amendment and raising the fact that Mr. President, we deserve neither our As it did last year and in 1997, the ad- we should have another base closing credibility with them nor their trust. ministration rests its argument for round. Yet, how can we make those de- I yield the floor. more base closings primarily on the cisions and on what basis are we mak- The PRESIDING OFFICER (Mr. claim that facility cuts have lagged be- ing those decisions? Are they going to SMITH of New Hampshire). The Senator hind personnel reductions by more be arbitrary determinations? Are they from Maine is recognized. than 15 percent. I do not happen to going to be politicized? Ms. SNOWE. Mr. President, I rise in think that a simple percentage can an- I know people argue: Oh, this is a de- opposition to the amendment that has swer the types of questions that we politicized process in the Base Closing May 25, 1999 CONGRESSIONAL RECORD — SENATE S5947 Commission procedure. I argue to the partment of Defense that we will have So those are the kinds of challenges contrary. Having been through this the savings, and yet these savings have we face in the future. I think we have procedure on four different occasions not really materialized. So we do not to be very, very cautious about sug- since 1988, I can tell you we just moved have a picture of what we need for the gesting that somehow we should close politics from one venue to another. future in terms of domestic bases be- more bases—subject to another arbi- I think we have to very carefully cause we have closed so many abroad trary process, subject to more arbi- consider whether or not we want to ini- as well as at home. trary percentages—without the kind of tiate another base closing round for Because we do not have the presence analysis that I think is necessary to the future, absent the kinds of deci- in other countries, it is all the more make those kinds of decisions. sions and determinations that need to important that we have the necessary We have to be very selective. We be made in order to make a reasonable domestic bases to do the kinds of have to make decisions for the future decision. things we have to do, as we have seen in terms of what interests are at stake, Even in the Department’s own report in Kosovo. what we can anticipate for the future, in April of 1998, it exposed the apparent It is interesting that back in 1991, because it seems that we are going to base closure savings as a frustrating when we went through a base closing have more contingency operations like mystery rather than a confirmed fact. round, we had Loring Air Force Base the ones we are confronting now in the To its credit, the Department actually up in northern Maine. It was a B–52 Balkans. Therefore, we will have to admitted in its own study that there base. We were told at the time B–52s look at what we have currently within was no audit trail for tracking the end were going to go out. They were old. the continental United States. It is im- use of each dollar saved through the They were aging. They were going to portant to be able to launch these mis- BRAC process. They admitted in their be rapidly removed from the defense sions, simply because we cannot depend own report that they did not have a program. on a presence in foreign countries. procedure for determining the actual What are we seeing? B–52s are being So I hope Members of the Senate will savings that they projected from the used in Kosovo. No, we do not have the vote against the amendment which has base closing rounds and how they were base in northern Maine that is closest been offered by the Senator from Ari- used, so that we could not correlate the to Europe, to the Middle East, to the zona about initiating another base savings and whether or not they were former Soviet Union, to Africa. We are closing round, because we have raised used for any purpose or, in fact, were having to launch those B–52s from these questions before. We have asked there any savings. other bases that are not as close to Eu- the Department: Please document what So now the Department of Defense rope. So that is the problem we are see- bases you are talking about. What has said: Yes, there are savings from ing, because of the miscalculations and bases do you need? What bases don’t the four previous base closing rounds; the underestimation of what we might you need? Why don’t you need them? and, yes, we are using them for readi- need for the future. It has not been the How does that comport with the antici- ness and modernization; and that is kind of documentation that I happen to pated security threats for the future? what we will do in the future. But they Of course, finally, the Department think is necessary. never established a process that we In fact, it was interesting to hear— claims that they have made enormous could document those savings that os- when talking about B–52s—what a savings from the previous base closing tensibly occurred in the four previous former Air Force Secretary said a few rounds, but now we find that the cost rounds, and that they were invested in weeks ago, that the current crises are of closing those bases—of which more modernization and in the readiness ac- than 152 were either realigned or proving the enormous value of the Na- counts. The fact is, it never happened. closed—was greater than the savings tion’s long-range bomber force of B–52s. The General Accounting Office, in that have been realized to date and fact, recommended, in their 1997 report, That is what it is all about. So what we were told in 1991: No; into the future. and, in fact, documented what the DOD So I think we have an obligation and, they are going to be out of commission report said, that there is no process by indeed, a responsibility to evaluate because they are simply too old, we which to track the savings which the what has happened. I think it is also find is not the case. Department of Defense claims occurred interesting that the Department of De- So I think we have to be very cir- as a result of the base closings over the fense has not responded to the General cumspect about how we want to pro- last 10 years. So we have no way of Accounting Office or to the National ceed. That is why I think we have to be knowing if, in fact, we have realized Defense Plan in terms of coming up reticent about initiating any base clos- real savings. with an analysis of what is actually ing process for the future until we get The Department claims that over the necessary for our domestic military in- last four rounds there were savings of the kinds of answers that are necessary frastructure, and then, secondly, set- $21 billion, $22 billion. Yet, in their 1999 to justify proceeding with any addi- ting up a mechanism by which we can report, they admitted that the cost of tional base closing rounds. evaluate whether or not savings have, We have had the miscalculations of closing bases was $22.5 billion. Their indeed, been realized as a result of the the costs in the Balkans. In fact, that savings, in their 1999 report, from the four previous base closing rounds, be- four previous rounds is $21 billion. So is why there is such great pressure cause on the basis of what we have cur- they have $1.5 billion more than the es- within the Pentagon to try to find ad- rently from the Pentagon, they cannot timated savings through 2015. So that ditional savings, because we have spent suggest in any way that they have is what we are talking about here. The so much money in Bosnia. When we made any savings. If anything, it has Department of Defense is spending were only supposed to spend $2 billion, cost them more money. more to close these bases than they are we are now beyond $10 billion. We will Then when you look at what we are actually saving. They have had more probably spend $10 billion in Kosovo by facing in Kosovo, what we can project costs as a result of environmental re- the end of this fiscal year. That has in the future for additional asymmetric mediation. In fact, they project to placed granted, inordinate pressures on threats, we may want to be very care- spend $3 billion more. the defense budget. ful about closing down any more bases They said they would realize $3 bil- But as QDR said, and even the Pen- in this country without knowing lion from the first base closing round, tagon has admitted, there are many whether or not they are going to be to give you an example, from the sale ways, in which to achieve their sav- necessary for the future, because once of the property to the private sector, ings. They could follow up on the man- you lose that infrastructure, it is very when in fact they only realized $65 mil- agement reforms that have been pro- difficult to recoup. lion. That gives you an idea of the dis- posed by the Department of Defense So I hope the Senate will reject this crepancy that has occurred from their through technology upgrades. They amendment. projected savings to the actual revenue could obviously require the services to I yield the floor. that was realized through their sale determine their budget priorities. We POSITION ON LANDRIEU-SPECTER AMENDMENT process. can obviously look even at the deploy- NO. 384 So that is the problem we have. We ment in Bosnia, which has far exceeded Mr. FEINGOLD. Mr. President, had I have been given promises by the De- the original estimates, as I said earlier. been present for the vote on the S5948 CONGRESSIONAL RECORD — SENATE May 25, 1999 Landrieu-Specter amendment No. 384 (One trillion, four hundred eighty-nine mittee Print addressed a number of to the FY 2000 Defense Authorization, billion, two hundred thirty-six mil- highly controversial issues arising out S. 1059, bill regarding the need for vig- lion). of President Carter’s decision to nor- orous prosecution of war crimes and Twenty-five years ago, May 24, 1974, malize relations with China. Congres- crimes against humanity in the former the federal debt stood at $471,902,000,000 sional concern about the consequences Yugoslavia, I would have voted in favor (Four hundred seventy-one billion, nine of derecognition of the Republic of of the amendment. My vote would not hundred two million) which reflects a China, and dissatisfaction with the have changed the outcome of the vote debt increase of more than $5 trillion— terms of the agreement negotiated on the amendment which passed by a $5,126,040,875,397.10 (Five trillion, one with the People’s Republic of China, di- vote of 90–0. hundred twenty-six billion, forty mil- rectly led to the landmark Taiwan Re- I was unable to reach the Capitol in lion, eight hundred seventy-five thou- lations Act, which still governs our time for the vote because of air travel sand, three hundred ninety-seven dol- policy decisions today, and which con- delays due to weather conditions. I am lars and ten cents) during the past 25 tinues in 1999 to be a factor in debates disappointed that, though I and other years. in this very chamber. Members notified the Senate leader- f Besides Bob Sutter, only 48 Members ship about our travel difficulties hours HONORING ROBERT SUTTER before the vote began, they were un- of Congress serving today, in the 106th willing to reschedule the time of the Mr. BIDEN. Mr. President, I want to Congress, were here in 1977 and 1978 to vote. take this opportunity today to salute a witness these initial steps of U.S.- distinguished servant of the legislative f China relations. In the more than 20 branch of the U.S. Congress in the field years since then, both U.S.-China rela- AVAILABILITY OF CLASSIFIED of foreign affairs. In June 1999, Dr. Rob- tions and the U.S. Congress itself have ANNEX ert Sutter will leave the Congressional undergone tremendous change, both for Mr. SHELBY. Mr. President, I ask Research Service after 22 highly pro- the better and for worse. Bob Sutter unanimous consent to have printed in ductive years as a source of expertise has been an active participant in con- the RECORD a letter to the Honorable on China and the Asia-Pacific region. gressional deliberations on China pol- TRENT LOTT dated May 17, 1999, signed Dr. Sutter is resigning from his current icy, and in the U.S. national debate by myself and Senator KERREY. position as a Senior Specialist in Asia over these issues, from normalization There being no objection, the letter and International Politics in the For- of relations, to the Tiananmen Square was ordered to be printed in the eign Affairs, Defense, and Trade Divi- crackdown, to the recent tragic bomb- RECORD, as follows: sion of CRS to become the National In- ing of the Chinese Embassy in Bel- telligence Officer for East Asia, a crit- U.S. SENATE, grade. Dr. Sutter’s two decades of serv- ical intelligence community assign- SELECT COMMITTEE ON INTELLIGENCE, ice spanned the tenures for four U.S. Washington, DC, May 17, 1999. ment. Since 1977, when he first came to presidents and some ten Congresses. Hon. TRENT LOTT, Despite several shifts of party control U.S. Senate, Washington, DC. work at CRS as a China specialist, Dr. DEAR SENATOR: The Select Committee on Sutter has provided Members of Con- in the Senate, and one in the House, Intelligence has reported a bill (S. 1009) au- gress and their staffs with authori- Dr. Sutter continued to deliver timely, thorizing appropriations for U.S. intelligence tative, in-depth analysis and policy op- accurate, objective, and non-partisan activities for fiscal year 2000. The Committee tions covering a broad range of foreign analysis. The institutional memory cannot disclose the details of its budgetary policy issues involving China, East represented by CRS analysts, which Dr. recommendations in its public report (Sen- Sutter so perfectly exemplifies, is of ate Report 106–48), because our intelligence Asia, and the Pacific. It should be a activities are classified. The Committee has matter of pride to this body to know incalculable value to the work of the prepared, however, a classified annex to the that Dr. Sutter is well known both here Congress. report which describes the full scope and in- and in the Asia-Pacific region as one of The second point I want to make con- tent of the Committee’s actions. the most authoritative and productive cerns Dr. Sutter himself. He has, for In accordance with the provisions of Sec- American Asia hands. one thing, consistently demonstrated tion 8(c)(2) of Senate Resolution 400 of the 94th Congress, the classified annex is avail- In his government career to date of an astonishing capacity for work. In able to any member of the Senate and can be over 30 years, Dr. Sutter has held a va- 1974 Dr. Sutter received his Ph.D. in reviewed in room SH–211. If you wish to do riety of analytical and supervisory po- History and East Asian Languages so, please have your staff contact the Com- sitions including service with the For- from Harvard University, writing his mittee’s Director of Security, Mr. James eign Broadcast Information Service Ph.D. thesis while maintaining a full- Wolfe, at 224–1751 to arrange a time for such and temporary details with the Senate time job. Routinely, he has been one review. Foreign Relations Committee, the Cen- Sincerely, of—perhaps the most in terms of sheer tral Intelligence Agency, and the De- output of written work—productive an- RICHARD C. SHELBY, partment of State. It is in service to Chairman. alysts in CRS. In the last 5 years alone, Congress, however, specifically with J. ROBERT KERREY, Dr. Sutter has been called on for advice Vice Chairman. the Congressional Research Service, from Members of Congress and their f that Dr. Sutter has spent most of his staffs nearly 6,000 times—an average of distinguished career. I want to make a 1,140 times each year. He has regularly THE VERY BAD DEBT BOXSCORE few comments that illustrate the maintained six or more ongoing, con- Mr. HELMS. Mr. President, at the strengths and great contributions of tinually updated products, and his out- both the institution and the man him- close of business yesterday, Monday, put of CRS written reports for Con- May 24, 1999, the federal debt stood at self. The first point to make concerns one gress totals at least 90 since late 1987 $5,597,942,875,397.10 (Five trillion, five alone. As is evident in these products, hundred ninety-seven billion, nine hun- of the great institutional strengths that CRS offers to the congressional he excels at providing accurate, suc- dred forty-two million, eight hundred cinct, and well-organized analysis of seventy-five thousand, three hundred clients it serves, and which Dr. Sut- ter’s tenure and contributions here congressional policy choices and their ninety-seven dollars and ten cents). likely consequences. His work always Five years ago, May 24, 1994, the fed- epitomize perfectly: institutional reflects up to date knowledge of issues, eral debt stood at $4,591,881,000,000 memory. Dr. Sutter’s first published usually based on personal research in (Four trillion, five hundred ninety-one report at CRS was entitled U.S.-PRC East Asia and/or close contact with the billion, eight hundred eighty-one mil- Normalization Arguments and Alter- U.S. private and official community of lion). natives. Published first as a CRS Re- Ten years ago, May 24, 1989, the fed- port for general congressional use, on Asian analysts and scholars. eral debt stood at $2,781,133,000,000 (Two August 3, 1977, it soon became a Com- Even more to the point, Dr. Sutter trillion, seven hundred eighty-one bil- mittee Print of the House Inter- has always understood the powers and lion, one hundred thirty-three million). national Relations Committee’s Sub- special needs of Congress, including its Fifteen years ago, May 24, 1984, the committee on Asian and Pacific Af- legislative and oversight responsibil- federal debt stood at $1,489,236,000,000 fairs. The report and subsequent Com- ities, and our obligation to represent May 25, 1999 CONGRESSIONAL RECORD — SENATE S5949 the interests of our constituents. In his tunately for our children, the Vice This year, I have worked with a bi- research and writing, Dr. Sutter never President’s vision for American edu- partisan coalition of members and forgets the unique role of Congress and cation in the 21st century looks a lot groups to devise legislation that will the importance of reflecting the full like the failed policies of the last 35 allow states maximum flexibility in re- range of competing viewpoints. years. turn for increased accountability for Reflecting his commitment to serv- The VP’s speech laid out seven new the academic achievement of their stu- ice and cheerful willingness to assume proposals for American education— dents. My bill, the Academic Achieve- responsibility, Dr. Sutter has fulfilled seven proposals that all say AL GORE ment for All Act, or Straight A’s, will a number of roles in the CRS. He has knows more about educating children be introduced after the Memorial Day served as Chief of the Foreign Affairs than do parents, teachers, principals, recess. I am hopeful that this time my Division in CRS, as well as Chief of the superintendents and school board mem- colleagues in the Senate will join me in Government Division in CRS, in both bers all across America. Seven pro- giving back to states and local commu- cases maintaining a full research work posals to add to the hundreds upon nities the ability to make critical deci- load for Congress in the midst of sig- hundreds of education programs run by sions about the education of their chil- nificant management duties. He has the federal government, so many in dren. frequently conceived, coordinated, and fact that no one, not the Department This issue boils down to each Senator moderated Asia policy seminars and of Education, the General Accounting asking if he or she believes schools will workshops for Members of Congress Office or even the Vice President, is be improved through more control and their staffs. He routinely serves on sure how many there are. Seven pro- from Washington, D.C., or by giving special advisory groups in CRS and the posals that will add to a system of top more control to parents, teachers, prin- Library of Congress. As a well-known down control of education that puts a cipals, superintendents and school board members? I believe our best hope and respected analyst, he has been a higher priority on adults filling out forms correctly than on children pass- for improving the education of our sought-after speaker at dozens of for- ing a math or a spelling test. children is to put the American people eign policy seminars, panels, and con- Today, President Clinton unveiled in charge of their local schools. ferences in Washington and around the his proposal to reauthorize the Elemen- f world. tary and Secondary Education Act. Un- In recent years, he has maintained fortunately, the President’s proposal is VOTE ON AMENDMENT 384 this outstanding record of productivity filled with more of the ‘‘D.C. knows Mr. LIEBERMAN. Mr. President, I for the Congress while managing in his best’’ programs he has touted for the wanted to indicate to the Senate why I spare time to teach several college past 61⁄2 years. For example, the Presi- was unavoidably absent, as was re- courses per year at Washington area dent’s proposal for reducing class size corded in yesterday’s RECORD, at the universities. He has also found time to is filled with requirements for states time of the vote on amendment 384 to write more than a dozen books on for- and districts to comply with, but does S. 1059. I was in Connecticut yesterday. eign policy issues during his tenure at not address the issue of children learn- Because of serious thunderstorm and CRS. ing. wind conditions my flight from Con- Finally, Dr. Sutter’s simple decency, For most of this half century Wash- necticut to Washington was delayed for modesty, engaging manner, and profes- ington, D.C., has been dominated by several hours, causing me to miss the sionalism set a high standard for oth- people who believe that centralized de- vote on the amendment. ers and make it a great pleasure to cisions and centralized control exer- As yesterday’s RECORD indicates, had work with him. He cheerfully volun- cised by Washington, D.C., is the best I been able to return to vote, I would teers for onerous tasks. He is pleasant way to solve problems, including those have voted for the amendment, which and good-humored. Moreover, in the in the classroom. This approach has passed 90 to 0. midst of the pressured environment of not worked. As Washington, D.C., has f Washington and Capitol Hill, he has al- taken power and authority from local EXECUTIVE AND OTHER ways found time to serve as a mentor, school districts, our schools have not COMMUNICATIONS counselor, and friend to others, wheth- improved. But, old habits die hard. The The following communications were er they be his own students, younger belief in centralized power is still very laid before the Senate, together with colleagues, or new congressional staff. much alive, and embodied by the Presi- accompanying papers, reports, and doc- And, a fact known only to close dent’s and Vice President’s proposals. uments, which were referred as indi- friends, he has a record of community I don’t believe AL GORE or Bill Clin- service, including Church work and ton know more about what America’s cated: teaching of English to native Spanish schools and communities need than EC–3254. A communication from the Direc- speakers, that is nearly as impressive tor, Office of Regulatory Management and they do. In fact, I don’t believe that I Information, Office of Policy, Planning and as his professional contribution. or any other member of Congress or Evaluation, Environmental Protection Agen- Dr. Sutter will be greatly missed, but the Administration knows more about cy, transmitting, pursuant to law, the report the loss of his service to the Congress educating children than do parents or of a rule entitled ‘‘Accidental Release Pre- will be partly compensated for by local educators. Unfortunately, AL vention Requirements: Risk Management bringing to the Executive branch his GORE and Bill Clinton have indicated Programs Under Clean Air Act Section knowledge of the Congress and its spe- that they will continue on the path 112(r); Amendments to the Worst-Case Re- cial role in the making and oversight lease Scenario Analysis for Flammable Sub- they’ve trod throughout their adminis- stances (FRL# 6348–2)’’, received May 18, of U.S. foreign policy. When he comes tration—a path that begins and ends in 1999; to the Committee on Environment and back to Capitol Hill for one-on-one Washington, D.C. Public Works. meetings, briefings, and testimony, he In 1997 I first proposed an amendment EC–3255. A communication from the Direc- will bring with him a high degree of to the fiscal year Education funding tor, Office of Regulatory Management and credibility and a special awareness of bill. It was stated clearly in that Information, Office of Policy, Planning and congressional needs for information amendment that I believe that those Evaluation, Environmental Protection Agen- closest to our children—their parents, cy, transmitting, pursuant to law, the report and analysis. of a rule entitled ‘‘National Emission Stand- f teachers, superintendents and school ards for Hazardous Air Pollutants for Pri- board members—are best able to make THE ADMINISTRATION’S VISION mary Lead Smelting (FRL# 6345–8)’’, re- decisions about their children’s edu- ceived May 18, 1999; to the Committee on En- FOR EDUCATION IN AMERICA cation. Last year, I refined that legis- vironment and Public Works. Mr. GORTON. Mr. President, over the lation to include a ‘‘triple option’’ that EC–3256. A communication from the Direc- weekend Vice President Gore outlined would allow a state to decide where the tor, Office of Regulatory Management and his vision for American education if he federal education dollars should go. Information, Office of Policy, Planning and Evaluation, Environmental Protection Agen- becomes President. The speech was Both proposals passed this body by cy, transmitting, pursuant to law, the report billed by the Washington Post as the slim margins and were immediately of a rule entitled ‘‘National Emission Stand- Vice President’s ‘‘vision for American met with a veto threat by the Adminis- ards for Hazardous Air Pollutants for Port- education in the 21st Century’’. Unfor- tration. land Cement Manufacturing Industry (FRL# S5950 CONGRESSIONAL RECORD — SENATE May 25, 1999 6347–2)’’, received May 18, 1999; to the Com- and Portable Oxygen Masks; Docket No. 98– cation Service, Federal Aviation Adminis- mittee on Environment and Public Works. CE–29–AD’’ (RIN2120–AA64), received April tration, Department of Transportation, EC–3257. A communication from the Direc- 19, 1999; to the Committee on Commerce, transmitting, pursuant to law, the report of tor, Office of Regulatory Management and Science, and Transportation. a rule entitled ‘‘Docket No. 99–ANE–45–AD; Information, Office of Policy, Planning and EC–3265. A communication from the Pro- Amendment 39–11123; AD 99–08–17 Directives; Evaluation, Environmental Protection Agen- gram Support Specialist, Aircraft Certifi- General Electric Company GE90 Series Tur- cy, transmitting, pursuant to law, the report cation Service, Federal Aviation Adminis- bofan Engines’’, received April 15, 1999; to of a rule entitled ‘‘National Emission Stand- tration, Department of Transportation, the Committee on Commerce, Science, and ards for Hazardous Air Pollutants for Wool transmitting, pursuant to law, the report of Transportation. Fiberglass Manufacturing Industry (FRL# a rule entitled ‘‘Airworthiness Directives; EC–3273. A communication from the Pro- 6345–3)’’, received May 18, 1999; to the Com- Bombardier Model DHC–8–100, –200, and –300 gram Support Specialist, Aircraft Certifi- mittee on Environment and Public Works. Series Airplanes; Docket No. 97–NM–04–AD; cation Service, Federal Aviation Adminis- EC–3258. A communication from the Direc- Amendment 39–11109; AD 99–08–04’’ (RIN2120– tration, Department of Transportation, tor, Office of Regulatory Management and AA64), received April 9, 1999; to the Com- transmitting, pursuant to law, the report of Information, Office of Policy, Planning and mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Docket No. 98–ANE–41–AD; Evaluation, Environmental Protection Agen- tation. Amendment 39–11124; AD 99–08–18 General cy, transmitting, pursuant to law, the report EC–3266. A communication from the Pro- Electric Company CF6–6, CF6–45, and CF6–50 of a rule entitled ‘‘National Emission Stand- gram Support Specialist, Aircraft Certifi- Series Turbofan Engines’’, received April 15, ards for Hazardous Air Pollutants: Oil and cation Service, Federal Aviation Adminis- 1999; to the Committee on Commerce, Natural Gas Production and National Emis- tration, Department of Transportation, Science, and Transportation. sions Standards for Hazardous Air Pollut- transmitting, pursuant to law, the report of EC–3274. A communication from the Pro- ants: Natural Gas Transmission and Storage a rule entitled ‘‘Airworthiness Directives; gram Support Specialist, Aircraft Certifi- (FRL# 6346–8)’’, received May 18, 1999; to the Request for Comments; Eurocopter France cation Service, Federal Aviation Adminis- Committee on Environment and Public Model SA. 3160, SA. 316B, SA. 31C, and SA tration, Department of Transportation, Works. 319B Helicopters; Docket No. 98–SW–58–AD’’ transmitting, pursuant to law, the report of EC–3259. A communication from the Direc- (RIN2120–AA64), received April 9, 1999; to the a rule entitled ‘‘Docket No. 98–ANE–49–AD; tor, Office of Regulatory Management and Committee on Commerce, Science, and Amendment 39–11119; AD 99–08–13 General Information, Office of Policy, Planning and Transportation. Electric Company CF6–80A, CF6–80C2 and Evaluation, Environmental Protection Agen- EC–3267. A communication from the Pro- CF6–80E1 Series Turbofan Engines’’, received cy, transmitting, pursuant to law, the report gram Support Specialist, Aircraft Certifi- April 15, 1999; to the Committee on Com- cation Service, Federal Aviation Adminis- of a rule entitled ‘‘National Emission Stand- merce, Science, and Transportation. ards for Hazardous Air Pollutants for Steel tration, Department of Transportation, EC–3275. A communication from the Pro- Pickling-HCI Process Facilities and Hydro- transmitting, pursuant to law, the report of gram Support Specialist, Aircraft Certifi- chloric Acid Regeneration Plants (FRL# a rule entitled ‘‘Airworthiness Directives; cation Service, Federal Aviation Adminis- 6344–5)’’, received May 18, 1999; to the Com- Request for Comments; Bell Helicopter Tex- tration, Department of Transportation, mittee on Environment and Public Works. tron Canada Model 222, 222B, and 222U Heli- transmitting, pursuant to law, the report of EC–3260. A communication from the Direc- copters; Docket No. 98–SW–49–AD’’ (RIN2120– a rule entitled ‘‘Docket No. 98–ANE–39–AD; tor, Office of Regulatory Management and AA64), received May 3, 1999; to the Com- Amendment 39–11123; AD 99–08–17 General mittee on Commerce, Science, and Transpor- Information, Office of Policy, Planning and Electric Company GE90 Series Turbofan En- tation. Evaluation, Environmental Protection Agen- gines’’, received April 15, 1999; to the Com- EC–3268. A communication from the Pro- cy, transmitting, pursuant to law, the report gram Support Specialist, Aircraft Certifi- mittee on Commerce, Science, and Transpor- of a rule entitled ‘‘Promulgation of National cation Service, Federal Aviation Adminis- tation. Emission Standards for Hazardous Air Pol- EC–3276. A communication from the Pro- tration, Department of Transportation, lutants (NESHAP) for Pesticide Active In- gram Support Specialist, Aircraft Certifi- transmitting, pursuant to law, the report of gredient Production (FRL# 6345–4)’’, received cation Service, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; May 18, 1999; to the Committee on Environ- tration, Department of Transportation, McDonnell Douglas Model DC–10 and MD–11 ment and Public Works. transmitting, pursuant to law, the report of Series Airplanes, and KC–10 (Military) Series EC–3261. A communication from the Pro- a rule entitled ‘‘Docket No. 98–ANE–66–AD; Airplanes; Docket No. 98–NM–55–AD; Amend- gram Support Specialist, Aircraft Certifi- ment 39–11072; AD 99–06–08’’ (RIN2120–AA64), Amendment 39–11121; AD 99–08–15 Pratt and cation Service, Federal Aviation Adminis- received April 9, 1999; to the Committee on Whitney PW4000 Series Turbofan Engines’’, tration, Department of Transportation, Commerce, Science, and Transportation. received April 15, 1999; to the Committee on transmitting, pursuant to law, the report of EC–3269. A communication from the Pro- Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; gram Support Specialist, Aircraft Certifi- EC–3277. A communication from the Pro- Boeing Model 737–600, –700, and –800 Series cation Service, Federal Aviation Adminis- gram Support Specialist, Aircraft Certifi- Airplanes; Docket No. 99–NM–38–AD; Amend- tration, Department of Transportation, cation Service, Federal Aviation Adminis- ment 39–11107; AD 99–08–03’’ (RIN2120–AA64), transmitting, pursuant to law, the report of tration, Department of Transportation, received April 6, 1999; to the Committee on a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of Commerce, Science, and Transportation. McDonnell Douglas Model DC–9 and C–9 a rule entitled ‘‘Docket No. 98–ANE–47–AD; EC–3262. A communication from the Pro- [Military) Series Airplanes; Docket No. 98– Amendment 39–11118; AD 99–08–12 Pratt and gram Support Specialist, Aircraft Certifi- NM–110–AD; Amendment 39–11110; AD 99–08– Whitney JT9D Series Turbofan Engines’’, re- cation Service, Federal Aviation Adminis- 05’’ (RIN2120–AA64), received April 9, 1999; to ceived April 15, 1999; to the Committee on tration, Department of Transportation, the Committee on Commerce, Science, and Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Transportation. EC–3278. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives; EC–3270. A communication from the Pro- gram Support Specialist, Aircraft Certifi- Boeing Model 747 Series Airplanes; Docket gram Support Specialist, Aircraft Certifi- cation Service, Federal Aviation Adminis- No. 97–NM–326–AD; Amendment 39–11105; AD cation Service, Federal Aviation Adminis- tration, Department of Transportation, 99–08–01’’ (RIN2120–AA64), received April 9, tration, Department of Transportation, transmitting, pursuant to law, the report of 1999; to the Committee on Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Docket No. 99–ANE–61–AD; Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Amendment 39–11120; AD 99–08–14 Pratt and EC–3263. A communication from the Pro- McDonnell Douglas Model DC–10 Series Air- Whitney PW2000 Series Turbofan Engines’’, gram Support Specialist, Aircraft Certifi- planes and KC–10 (Military) Airplanes; Dock- received April 15, 1999; to the Committee on cation Service, Federal Aviation Adminis- et No. 98–NM–197–AD; Amendment 39–11131; Commerce, Science, and Transportation. tration, Department of Transportation, AD 99–08–22’’ (RIN2120–AA64), received April EC–3279. A communication from the Pro- transmitting, pursuant to law, the report of 19, 1999; to the Committee on Commerce, gram Support Specialist, Aircraft Certifi- a rule entitled ‘‘Airworthiness Directives; Science, and Transportation. cation Service, Federal Aviation Adminis- Raytheon Aircraft Company Beech Models EC–3271. A communication from the Pro- tration, Department of Transportation, 1900, 1900C, and 1900D Airplanes; Docket No. gram Support Specialist, Aircraft Certifi- transmitting, pursuant to law, the report of 96–CE–60–AD’’ (RIN2120–AA64), received April cation Service, Federal Aviation Adminis- a rule entitled ‘‘Docket No. 98–ANE–38–AD; 19, 1999; to the Committee on Commerce, tration, Department of Transportation, Amendment 39–11122; AD 99–08–16 CFM Inter- Science, and Transportation. transmitting, pursuant to law, the report of national (CFMI) CFM56–2, –2A, –2B, –3, –3B, EC–3264. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives; and –3C Series Turbofan Engines’’, received gram Support Specialist, Aircraft Certifi- McDonnell Douglas Model MD–11 Series Air- April 15, 1999; to the Committee on Com- cation Service, Federal Aviation Adminis- planes; Docket No. 99–NM–42–AD; Amend- merce, Science, and Transportation. tration, Department of Transportation, ment 39–11133; AD 99–09–01’’ (RIN2120–AA64), EC–3280. A communication from the Pro- transmitting, pursuant to law, the report of received May 3, 1999; to the Committee on gram Support Specialist, Aircraft Certifi- a rule entitled ‘‘Airworthiness Directives; Commerce, Science, and Transportation. cation Service, Federal Aviation Adminis- Puritan–Bennett Aero Systems Company EC–3272. A communication from the Pro- tration, Department of Transportation, C351–2000 Series Passenger Oxygen Masks gram Support Specialist, Aircraft Certifi- transmitting, pursuant to law, the report of May 25, 1999 CONGRESSIONAL RECORD — SENATE S5951 a rule entitled ‘‘Docket No. 99–ANE–08–AD; 6343–3)’’, received May 24, 1999; to the Com- Representatives and to each Member of Con- Amendment 39–11103; AD 99–07–19 Allied Sig- mittee on Environment and Public Works. gress from the State of Arizona. nal Inc. TFE731–40R–200G Turbofan En- EC–3290. A communication from the Direc- gines’’, received April 9, 1999; to the Com- tor, Office of Regulatory Management and POM–135. A concurrent resolution adopted mittee on Commerce, Science, and Transpor- Information, Office of Policy, Planning and by the Legislature of the State of Arizona tation. Evaluation, Environmental Protection Agen- relative to the 2000 census; to the Committee EC–3281. A communication from the Assist- cy, transmitting, pursuant to law, the report on Governmental Affairs. ant Secretary, Legislative Affairs, Depart- of a rule entitled ‘‘Finding of Failure to Sub- HOUSE CONCURRENT MEMORIAL 2003 ment of State, transmitting, pursuant to mit Required State Implementation Plans Whereas, the Constitution of the United law, a report relative to shrimp harvested for Ozone; Texas; Dallas/Fort Worth Ozone States requires an enumeration of the popu- with technology; to the Committee on Com- Nonattainment Area (FRL # 6349–3)’’, re- lation every ten years and entrusts the Con- merce, Science, and Transportation. ceived May 24, 1999; to the Committee on En- gress with overseeing all aspects of each de- EC–3282. A communication from the Direc- vironment and Public Works. cennial census, and tor, Office of Congressional Affairs, Office of f Enforcement, Nuclear Regulatory Commis- Whereas, the sole constitutional purpose of sion, transmitting, pursuant to law, the re- PETITIONS AND MEMORIALS the decennial census is to apportion the seats in Congress among the several states; port of a rule entitled ‘‘Federal Register The following petitions and memo- Publication of Change to NRC Enforcement and Policy by Adding Examples of Violations In- rials were laid before the Senate and Whereas, an accurate and legal decennial volving the Compromise of an Application, were referred or ordered to lie on the census is necessary to properly apportion the Test, or Examination Required by 10 CFR table as indicated: United States House seats among the fifty states and to create legislative districts Part 55’’, received May 20, 1999; to the Com- POM–134. A concurrent resolution adopted within the states; and mittee on Environment and Public Works. by the Legislature of the State of Arizona Whereas, an accurate and legal decennial EC–3283. A communication from the Ad- relative to Medicare reimbursement rates; to census is necessary to enable states to com- ministrator, General Services Administra- the Committee on Finance. tion, transmitting, a report relative to alter- ply with the constitutional mandate of draw- SENATE CONCURRENT MEMORIAL 1001 ations to 1724 F Street, NW, Washington, DC; ing state legislative districts within the to the Committee on Environment and Pub- Whereas, access to affordable health care states; and lic Works. services has been greatly reduced for Medi- Whereas, to ensure an accurate count and EC–3284. A communication from the Direc- care health maintenance organization recipi- to minimize the potential for political ma- tor, Office of Congressional Affairs, Office of ents in thirty states due to cutbacks in nipulation, article I, section 2 of the United Nuclear Reactor Regulation, Nuclear Regu- Medicare reimbursement by the federal gov- States Constitution mandates an ‘‘actual latory Commission, transmitting, pursuant ernment; and enumeration’’ of the population, which re- to law, the report of a rule entitled ‘‘Generic Whereas, because of recent changes by the quires a physical head count of the popu- Letter 98–01, Supplement 1, ‘Year 2000 Readi- federal government, the Medicare reimburse- lation and prohibits statistical guessing or ness of Computer Systems at Nuclear Power ment rates in rural areas are lower than estimates of the population; and Plants’ ’’, received May 20, 1999; to the Com- those in urban areas. This results in HMOs Whereas, consistent with this constitu- mittee on Environment and Public Works. reimbursing physicians at the lower rates, tional mandate, title 13, section 195 of the EC–3285. A communication from the Direc- which in turn causes the physician networks United States Code expressly prohibits the tor, Office of Regulatory Management and to disintegrate and many HMOs to stop of- use of statistical sampling to enumerate the Information, Office of Policy, Planning and fering service in those areas; and United States population for the purpose of Evaluation, Environmental Protection Agen- Whereas, although health insurance will reapportioning the United States House; and cy, transmitting, pursuant to law, the report remain available to seniors in rural areas Whereas, legislative redistricting that is of a rule entitled ‘‘Approval and Promulga- through traditional Medicare coverage, the conducted by the states is a critical subfunc- tion of Implementation Plans; State of New cutbacks will significantly restrict their op- tion of the constitutional requirement to ap- Mexico and County of Bernalillos, New Mex- tions for health care coverage, the number of portion representatives among the states; ico; State Boards (FRL # 6350–1)’’, received services covered and the affordability of and May 24, 1999; to the Committee on Environ- those services in general; and Whereas, in Department of Commerce, et ment and Public Works. Whereas, two major HMOs have withdrawn al. v. United States Representatives, et al., EC–3286. A communication from the Direc- service altogether in six rural Arizona coun- No. 98–404, and in Clinton, President of the tor, Office of Regulatory Management and ties, leaving nearly ten thousand elderly in- United States, et al. v. Glavin, et al., No. 98– Information, Office of Policy, Planning and dividuals with only one or two HMOs from 564, the United States Supreme Court ruled Evaluation, Environmental Protection Agen- which to choose; and on January 25, 1999 that the Census Act pro- cy, transmitting, pursuant to law, the report Whereas, individuals who previously were hibits the Census Bureau’s proposed uses of of a rule entitled ‘‘Approval and Promulga- covered under HMOs received greater bene- statistical sampling in calculating the popu- tion of Implementation Plans; State of Mis- fits not covered by Medicare, including addi- lation for purposes of apportionment; and souri (FRL # 6350–3)’’, received May 24, 1999; tional services and lower copayments that Whereas, in reaching its findings, the to the Committee on Environment and Pub- offered seniors thorough and comprehensive United States Supreme Court found that the lic Works. services at more affordable rates. Now that use of statistical procedures to adjust census EC–3287. A communication from the Direc- many will be left with the more expensive numbers would create a dilution of voting tor, Office of Regulatory Management and Medicare system as their primary health in- rights for citizens in legislative redis- Information, Office of Policy, Planning and surance option, low-income and disabled sen- tricting, thus violating the legal guarantees Evaluation, Environmental Protection Agen- iors may be forced to pay more out-of-pocket of ‘‘one person, one vote’’; and cy, transmitting, pursuant to law, the report costs for their health care services or may Whereas, consistent with this ruling and of a rule entitled ‘‘Approval and Promulga- forego receiving these services because they the constitutional and legal relationship be- tion of Implementation Plans; State of Kan- are unable to afford the higher payments; tween legislative redistricting by the states sas (FRL # 6350–4)’’, received May 24, 1999; to and and the apportionment of the United States the Committee on Environment and Public Whereas, the financial and health problems House, the use of adjusted census data woud Works. that many rural seniors around the country raise serious questions of vote dilution and EC–3288. A communication from the Direc- are likely to face as a result of the Medicare would violate ‘‘one person, one vote’’; legal tor, Office of Regulatory Management and reimbursement cuts are directly attributable protections, and would expose the State of Information, Office of Policy, Planning and to the Medicare reimbursement rates dif- Arizona to protracted litigation over legisla- Evaluation, Environmental Protection Agen- ferential between rural and urban areas. tive redistricting plans at great cost to the cy, transmitting, pursuant to law, the report Wherefore your memorialist, the Senate of the taxpayers of this state and would likely re- of a rule entitled ‘‘Approval and Promulga- State of Arizona, the House of Representatives sult in a court ruling that invalidates any tion of Implementation Plans; Wisconsin concurring, prays: legislative redistricting plan that uses cen- (FRL # 6336–8)’’, received May 24, 1999; to the 1. That the Congress of the United States sus numbers that have been determined in Committee on Environment and Public take steps to address the problem of the whole or in part by the use of random sam- Works. Medicare reimbursement rates differential pling techniques or other statistical meth- EC–3289. A communication from the Direc- between urban and rural areas and attempt odologies that add or subtract persons to or tor, Office of Regulatory Management and to establish a reimbursement system that from the census counts based solely on sta- Information, Office of Policy, Planning and will result in more equitable health care cov- tistical inference; and Evaluation, Environmental Protection Agen- erage for seniors in rural areas of the coun- Whereas, consistent with these principles, cy, transmitting, pursuant to law, the report try. no person enumerated in the census should of a rule entitled ‘‘Approval and Promulga- 2. That the Secretary of State of the State ever be deleted from the census enumera- tion of Air Quality Implementation Plans; of Arizona transmit a copy of this Memorial tion; and Kentucky; Revised Format for Materials to the President of the United States Senate, Whereas, consistent with this ruling, every Being Incorporated by Reference (FRL # the Speaker of the United States House of reasonable and practicable effort should be S5952 CONGRESSIONAL RECORD — SENATE May 25, 1999 made to obtain the fullest and most accurate and wildlife resources of this state in the HOUSE CONCURRENT RESOLUTION NO. 14 possible count of the population, including best interests of the present and future gen- Whereas, The construction of the Coal- appropriate funding for state and local cen- erations of Arizonans; and fields Expressway in Southern West Virginia sus outreach and education programs as well Whereas, the Arizona game and fish de- is due to begin in 1999; and as provisions for post-census local review; partment has recommended against the list- Whereas, The Coalfields Expressway needs and ing of several species of animals as threat- approximately 1.5 billion dollars for comple- Whereas, the members of the Forty-fourth ened or endangered based on sound biological tion; and Legislative oppose census numbers for state information, only to have their rec- Whereas, Motorists in West Virginia pay legislative redistricting that have been de- ommendation ignored by the United States into the Highway Trust Fund at the rate of termined in whole or in part by the use of fish and wildlife service and the secretary of 18.4 cents tax for each gallon of gasoline pur- random sampling techniques of other statis- the interior; and chased and 24.4 cents tax on each gallon of tical methodologies that and or subtract per- Whereas, the endangered species act allows diesel fuel purchased; and sons to the census counts based solely on the courts no discretion in imposing the re- Whereas, The Appalachian Development statistical inference. quirements of the act over all human activ- Highway system was conceived by the Wherefore your memorialist, the House of ity that may remotely affect the species; and United States Congress with the intention of Representatives of the State of Arizona, the Whereas, the result of the implementation aiding the economy of the entire Appa- Senate concurring, prays: and enforcement of the endangered species lachian Region and is now funded directly 1. That the United States Bureau of the act is to threaten and endanger the economy though the Highway Trust Fund; and Census conduct the 2000 census consistent and way of life throughout the west; and Whereas, A recent study on the Appa- with the United States Supreme Court’s rul- Whereas, the industries that depend on lachian Development Highway System has ing and establish constitutional and legal harvesting, extracting or otherwise using concluded that upon completion, this system mandates, which require a physical head natural resources are particularly endan- would provide 42,000 new jobs, 84,000 new resi- count of the population and bar the use of gered; and dents, 2.9 billion dollars in new wages and 6.9 statistical sampling to create or in any way Whereas, harvesting trees for timber and billion dollars in value-added business in the adjust the count. pulp wood is threatened throughout the region served by the system; and Whereas, The Coalfields Expressway, when 2. That Public Law 94–171 data not be used western states and has been all but elimi- completed, would traverse the counties of for state legislative redistricting if it is nated in Arizona, except on Indian reserva- Raleigh, Wyoming and McDowell, and would based on census numbers that have been de- tions, thereby eliminating much needed greatly benefit these counties in the form of termined in whole or in part by the use of rural employment and causing a dangerous increased employment opportunities and statistical inferences derived by means of buildup of wildfire fuel; and economic growth; and random sampling techniques or other statis- Whereas, livestock ranching is endangered Whereas, Two of these three counties, Wy- tical methodologies that add or subtract per- by massive reductions in federal grazing al- oming and McDowell, consistently place sons to or from the census counts. lotments leaving ranches and ranch families near the top of state and national unemploy- 3. That it receive Public Law 94–171 data near bankruptcy with no option but that of for legislative redistricting that is ment lists; and selling their private land for development Whereas, The Coalfields Expressway is not identifical to the census tabulation data thereby losing the traditional responsible used to apportion the seats in the United a part of the Appalachian Development High- stewardship for the land and other resources; way System, instead receiving funding States House consistent with the United and States Supreme Court ruling and constitu- through special appropriations from the Whereas, the mining industry is endan- United States Congress at irregular inter- tional mandates that require a physical head gered to the brink of extinction and the loss count of the population and bar the use of vals; and of quality employment for thousands of mine Whereas, The funding received by the Coal- statistical sampling to create or in any way workers and the collapse of an important fields Expressway has thus far consisted of a adjust the count. component of the economy of the state of single appropriation of 50 million dollars in 4. That the Congress of the United States, Arizona and other western states; and 1991 and a single appropriation of 22.7 million as the branch of government assigned with Whereas, certain single issue special inter- dollars in 1998; and the responsibility of overseeing the decen- est groups are able to abuse the endangered Whereas, Incorporation of the Coalfields nial census, take any steps necessary to en- species act to achieve their narrow personal Expressway into the Appalachian Develop- sure that the 2000 census is conducted fairly agenda by litigating against productive eco- ment Highway System would allow for addi- and legally. nomic activities, as well as hunting, fishing tional funding to complete the Coalfields Ex- 5. That the Secretary of the State of Ari- and other recreational activities, all to the pressway from the Highway Trust Fund; zona transmit a copy of this Memorial to the detriment of our heritage, our culture and therefore, be it Speaker of the United States House of Rep- our society; therefore be it Resolved by the Legislature of West Virginia: resentatives, the President of the United Resolved by the Legislature of the State of Ar- That the members of the West Virginia States Senate, the Director of the United izona: delegation to the United States Congress are States Bureau of the Census and each Mem- 1. That the policy of the State of Arizona, hereby requested to make all possible efforts ber of Congress from the State of Arizona. its governor and the legislature is to pre- to support and assist the incorporation of serve and protect our way of life, our herit- the Coalfields Expressway into the Appa- POM–136. A joint resolution adopted by the age and our culture, including the economic lachian Development Highway System; and, Legislature of the State of Arizona relative base of the rural areas of this state. be it to the Endangered Species Act of 1973; to the 2. That the endangered species act must be Further Resolved, That the Clerk of the Committee on Environment and Public modified to: (a) Recognize, protect and con- House of Delegates is hereby directed to for- Works. serve human interests at the same time and ward a copy of this resolution to all mem- HOUSE JOINT RESOLUTION 2001 on the same priority level as environmental bers of the West Virignia delegation to the Whereas, the endangered species act of 1973 interests. (b) Provide for a more flexible and United States Congress, to the Clerk of the (P.L. 93–205; 87 Stat. 884; 16 United States accommodating administration and enforce- United States House of Representatives, to Code sections 1531 et seq.), as amended, was ment system, based on sound scientific anal- the Clerk of the United States Senate and to enacted for the purpose of the conservation ysis and research, so that the United States the Executive Director of the Coalfields Ex- and recovery of endangered and threatened fish and wildlife service and other federal pressway. species by protecting and conserving habitat agencies work with, rather than impose on, f the people of this state. (c) Allow the courts and related ecosystems; and REPORTS OF COMMITTEES Whereas, in pursuing that policy, the en- flexibility to issue rulings that protect dangered species act provides for no consid- human interests as well as environmental in- The following reports of committees eration or accommodation of human activi- terests. were submitted: ties, requirements or interests; and 3. That the Secretary of State transmit By Mr. STEVENS, from the Committee on Whereas, the United States fish and wild- copies of this Resolution to the President of Appropriations: Special Report entitled ‘‘Re- life service of the department of the interior the United States, the Secretary of the vised Allocation to Subcommittees of Budg- has shown little regard or willingness to United States Department of the Interior, et Totals for Fiscal Year 2000’’ (Rept. No. make administrative adjustments to accom- the President of the United States Senate, 106–52). modate human activities, requirements or the Speaker of the United States House of By Mr. STEVENS, from the Committee on interests in administering and enforcing the Representatives and to each member of the Appropriations, without amendment: endangered species act; and Arizona Congressional delegation. S. 1122: A original bill making appropria- Whereas, much of the enforcement pursu- tions for the Department of Defense for the ant to the endangered species act is based on POM–137. A concurrent resolution adopted fiscal year ending September 30, 2000, and for dubious scientific research and outcome-ori- by the Legislature of the State of West Vir- other purposes (Rept. No. 106–53). ented analysis; and ginia relative to the Appalachian Develop- By Mr. STEVENS, from the Committee on Whereas, the Arizona game and fish de- ment Highway System; to the Committee on Appropriations, with amendments and an partment is charged with managing the fish Environment and Public Works. amendment to the title: May 25, 1999 CONGRESSIONAL RECORD — SENATE S5953 H.R. 1664: A bill making emergency supple- The following named officers for appoint- In the Army nomination of Chris A. Phil- mental appropriations for military oper- ment in the Reserve of the United States lips, which was received by the Senate and ations, refugee relief, and humanitarian as- Marine Corps to the grade indicated under appeared in the Congressional Record of May sistance relating to the conflict in Kosovo, title 10, U.S.C., section 12203: 12, 1999. and for military operations in Southwest To be brigadier general In the Army nominations beginning Robert B. Heathcock, and ending James B. Mills, Asia for the fiscal year ending September 30, Col. Thomas J. Nicholson, 4342 which nominations were received by the Sen- 1999, and for other purposes. Col. Douglas V. Odell, Jr., 0212 ate and appeared in the Congressional f Col. Cornell A. Wilson, Jr., 9123 Record of May 12, 1999. EXECUTIVE REPORTS OF A The following named officer for appoint- In the Army nominations beginning Paul COMMITTEE ment in the United States Marine Corps to B. Little, Jr., and ending John M. Shepherd, the grade indicated while assigned to a posi- which nominations were received by the Sen- The following executive reports of a tion of importance and responsibility under ate and appeared in the Congressional committee were submitted: title 10, U.S.C., section 601: Record of May 12, 1999. By Mr. WARNER, for the Committee on To be lieutenant general In the Army nominations beginning Bryan Armed Services: Maj. Gen. Raymond P. Ayres, Jr., 5986 D. Baugh, and ending Jack A. Woodford, Ikram U. Khan, of Nevada, to be a Member The following named officer for appoint- which nominations were received by the Sen- of the Board of Regents of the Uniformed ment in the United States Marine Corps to ate and appeared in the Congressional Services University of the Health Sciences the grade indicated while assigned to a posi- Record of May 12, 1999. for a term expiring May 1, 1999. In the Marine Corps nominations begin- tion of importance and responsibility under Ikram U. Khan, of Nevada, to be a Member ning Dale A. Crabtree, Jr, and ending Kevin title 10, U.S.C., section 601: of the Board of Regents of the Uniformed P. Toomey, which nominations were received Services University of the Health Sciences To be lieutenant general by the Senate and appeared in the Congres- for a term expiring May 1, 2005. (Reappoint- Maj. Gen. Earl B. Hailston, 8306 sional Record of May 12, 1999. ment) The following named officer for appoint- In the Marine Corps nominations begin- (The above nominations were re- ment in the United States Marine Corps to ning James C. Addington, and ending David ported with the recommendation that the grade indicated while assigned to a posi- J. Wilson, which nominations were received by the Senate and appeared in the Congres- they be confirmed, subject to the nomi- tion of importance and responsibility under title 10, U.S.C., section 601: sional Record of May 12, 1999. nees’ commitment to respond to re- To be lieutenant general In the Marine Corps nominations begin- quests to appear and testify before any ning James C. Andrus, and ending Philip A. duly constituted committee of the Sen- Lt. Gen. Frank Libutti, 7426 Wilson, which nominations were received by ate.) IN THE NAVY the Senate and appeared in the Congres- The following named officer for appoint- sional Record of May 12, 1999. IN THE AIR FORCE ment in the United States Navy to the grade In the Navy nomination of Norberto G. Ji- The following named officer for appoint- indicated under title 10, U.S.C., section 624: menez, which was received by the Senate and ment in the United States Air Force to the to be rear admiral (lower half) appeared in the Congressional Record of May grade indicated while assigned to a position 12, 1999. Capt. Craig R. Quigley, 1769 of importance and responsibility under title In the Navy nominations beginning Neil R. 10, U.S.C., section 601: The following named officers for appoint- Bourassa, and ending Steven D. Tate, which To be lieutenant general ment in the United States Naval Reserve to nominations were received by the Senate and the grade indicated under title 10, U.S.C., Maj. Gen. Paul V. Hester, 2071 appeared in the Congressional Record of May section 12203: 12, 1999. The following named officer for appoint- To be rear admiral In the Navy nominations beginning Basilio ment in the United States Air Force to the D. Bena, and ending Harold T. Workman, grade indicated under title 10, U.S.C., section Rear Adm. (lh) John B. Cotton, 2052 which nominations were received by the Sen- 624: Rear Adm. (lh) Vernon P. Harrison, 2188 Rear Adm. (lh) Robert C. Marlay, 9681 ate and appeared in the Congressional To be major general Rear Adm. (lh) Steven R. Morgan, 1542 Record of May 12, 1999. Brig. Gen. Roger A. Brady, 6581 Rear Adm. (lh) Clifford J. Sturek, 3187 The PRESIDING OFFICER. Without IN THE ARMY The following named officers for appoint- objection, it is so ordered. The following named officer for appoint- ment in the United States Naval Reserve to f ment as the Vice Chief of Staff, United the grade indicated under title 10, U.S.C., States Army, and appointment to the grade section 12203: INTRODUCTION OF BILLS AND indicated while assigned to a position of im- To be rear admiral JOINT RESOLUTIONS portance and responsibility under title 10, Rear Adm. (lh) John F. Brunelli, 8026 The following bills and joint resolu- U.S.C., sections 601 and 3034: Rear Adm. (lh) John N. Costas, 6461 tions were introduced, read the first To be general Rear Adm. (lh) Joseph C. Hare, 2723 and second time by unanimous con- Lt. Gen. John M. Keane, 9856 Rear Adm. (lh) Daniel L. Kloeppel, 8985 sent, and referred as indicated: The following named officer for appoint- Mr. WARNER. Mr. President, for the By Mr. ASHCROFT: ment in the United States Army to the grade Committee on Armed Services, I also S. 1113. A bill to amend title XXIV of the indicated under title 10, U.S.C., section 624: report favorably nomination lists Revised Statutes, relating to civil rights, to To be major general which were printed in full in the prohibit discrimination against nongovern- Brig. Gen. Robert A. Harding, 6107 RECORDs of March 18, 1999 and May 12, mental organizations and certain individuals on the basis of religion in the distribution of IN THE MARINE CORPS 1999, at the end of the Senate pro- ceedings, and ask unanimous consent, government funds to provide government as- The following named officers for appoint- sistance and the distribution of the assist- ment in the United States Marine Corps to to save the expense of reprinting on the ance, to allow the organizations to accept the grade indicated under title 10, U.S.C., Executive Calendar, that these nomi- the funds to provide the assistance to the in- section 624: nations lie at the Secretary’s desk for dividuals without impairing the religious To be major general the information of Senators. character of the organizations or the reli- Brig. Gen. Robert R. Blackman, Jr., 0141 In the Navy nomination of Don A. Frasier, gious freedom of the individuals, and for Brig. Gen. William G. Bowdon, III, 2940 which was received by the Senate and ap- other purposes; to the Committee on Govern- Brig. Gen. James T. Conway, 2270 peared in the Congressional Record of March mental Affairs. Brig. Gen. Arnold Fields, 0640 18, 1999. By Mr. ENZI: Brig. Gen. Jan C. Huly, 6184 In the Air Force nomination of Donna R. S. 1114. A bill to amend the Federal Mine Brig. Gen. Jerry D. Humble, 2378 Shay, which was received by the Senate and Safety and Health Act of 1977 to establish a Brig. Gen. Paul M. Lee, Jr., 3948 appeared in the Congressional Record of May more cooperative and effective method for Brig. Gen. Harold Mashburn, Jr., 6435 12, 1999. rulemaking that takes into account the spe- Brig. Gen. Gregory S. Newbold, 6783 In the Army nominations beginning Joseph cial needs and concerns of smaller miners; to Brig. Gen. Clifford L. Stanley, 4000 B. Hines, and ending * Peter J. Molik, which the Committee on Health, Education, Labor, nominations were received by the Senate and and Pensions. The following named officer for appoint- appeared in the Congressional Record of May By Mr. SPECTER: ment in the United States Marine Corps to 12, 1999. S. 1115. A bill to require the Secretary of the grade indicated under title 10, U.S.C., In the Army nomination of Timothy P. Veterans Affairs to establish a national cem- section 5046: Edinger, which was received by the Senate etery for veterans in the Pittsburgh, Penn- To be brigadier general and appeared in the Congressional Record of sylvania, area; to the Committee on Vet- Col. Joseph Composto, 3413 May 12, 1999. erans Affairs. S5954 CONGRESSIONAL RECORD — SENATE May 25, 1999 By Mr. NICKLES: SUBMISSION OF CONCURRENT AND communities. And just last week, the S. 1116. A bill to amend the Internal Rev- SENATE RESOLUTIONS Senate approved a juvenile justice bill enue Code of 1986 to exclude income from the containing Charitable Choice for serv- transportation of oil and gas by pipeline The following concurrent resolutions from subpart F income; to the Committee on and Senate resolutions were read, and ices provided to at-risk juveniles, such Finance. referred (or acted upon), as indicated: as counseling for troubled youth. By Mr. LOTT (for himself, Mr. COCH- The Charitable Choice provision in By Mr. SPECTER: RAN, Mr. ROBB, and Mr. JEFFORDS): the 1996 welfare reform law was one S. Con. Res. 34. A concurrent resolution re- S. 1117. A bill to establish the Corinth Unit way to achieve the goal of inviting the of Shiloh National Military Park, in the vi- lating to the observance of ‘‘In Memory’’ Day; to the Committee on the Judiciary. greater participation of charitable and cinity of the city of Corinth, Mississippi, and faith-based organizations in providing in the State of Tennessee, and for other pur- f poses; to the Committee on Energy and Nat- services to the poor. The provision al- ural Resources. STATEMENTS ON INTRODUCED lows charitable and faith-based organi- By Mr. SCHUMER (for himself, Mrs. BILLS AND JOINT RESOLUTIONS zations to compete for contracts and FEINSTEIN, Mr. CHAFEE, Mr. GREGG, By Mr. ASHCROFT: voucher programs on an equal basis Mr. SANTORUM, and Mr. MOYNIHAN): S. 1113. A bill to amend title XXIV of with all other non-governmental pro- S. 118. A bill to amend the Agricultural viders when the state or local govern- Market Transition Act to convert the price the Revised Statutes, relating to civil support program for sugarcane and sugar rights, to prohibit discrimination ment chooses to use private sector pro- beets into a system of solely recourse loans against nongovernmental organiza- viders for delivering welfare services to to provide for the gradual elimination of the tions and certain individuals on the the poor under the Temporary Assist- program; to the Committee on Agriculture, basis of religion in the distribution of ance for Needy Families (TANF) pro- Nutrition, and Forestry. government funds to provide govern- gram. By Mr. BREAUX: In the past three years, we have ment assistance and the distribution of S. 1119. A bill to amend the Act of August begun to hear about how Charitable 9, 1950, to continue funding of the Coastal the assistance, to allow the organiza- Choice is opening doors for the govern- Wetlands Planning, Protection and Restora- tions to accept the funds to provide the ment and communities of faith to work tion Act; to the Committee on Environment assistance to the individuals without together to help our nation’s poor and and Public Works. impairing the religious character of needy gain hope and self-sufficiency. By Mr. TORRICELLI (for himself, Mr. the organizations or the religious free- REED, Mr. LAUTENBERG, Mr. BRYAN, For example, shortly after passage of dom of the individuals, and for other Mrs. BOXER, Mrs. FEINSTEIN, Mr. the federal welfare law, Governor purposes; to the Committee on Govern- DODD, Mr. ROCKEFELLER, Mr. BIDEN, George Bush of Texas signed an execu- mental Affairs. Mr. SCHUMER, Mrs. MURRAY, Mr. DUR- tive order directing ‘‘all pertinent ex- BIN, and Mr. KERRY): CHARITABLE CHOICE EXPANSION ACT OF 1999 ecutive branch agencies to take all S. 1120 A bill to ensure that children en- Mr. ASHCROFT. Mr. President, rolled in medicaid and other Federal means- necessary steps to implement the tested programs at highest risk for lead poi- America’s best ideas for helping the ‘charitable choice’ provision of the fed- soning are identified and treated, and for poor have come from grassroots com- eral welfare law.’’ Cookman United other purposes; to the committee on Fi- munities and private organizations of Methodist Church, a 100 member parish nance. people who know and care about their in Philadelphia, received a state con- Mr. LEAHY: neighbors. These groups see people and tract to run its ‘‘Transitional Journey S. 1121. A bill to amend the Clayton Act to their life experiences, not theories or enhance the authority of the Attorney Gen- Ministry,’’ which provides life and job eral to prevent certain mergers and acquisi- statistics. We have known for years skills to welfare mothers and places tions that would unreasonably limit com- that government solutions have failed them into jobs with benefits. In less petition; to the Committee on the Judiciary. miserably in moving people from de- than a year, the church placed 22 wel- By Mr. STEVENS: pendency and despair to responsibility fare recipients into jobs. Payne Memo- S. 1122. An original bill making appropria- and independence. For years America’s rial Outreach Center, an affiliate of a tions for the Department of Defense for the churches and charities have been lead- Baltimore church, has helped over 450 fiscal year ending September 30, 2000, and for ing the way in helping the poor achieve other purposes; from the Committee on Ap- welfare recipients find jobs under a propriations; placed on the calendar. dignity and self-sufficiency. This is state contract. By Ms. COLLINS (for herself, Mr. why I have been advocating that gov- In light of these success stories FRIST, Mr. ABRAHAM, Ms. SNOWE, Mr. ernment should find ways to help these around the nation, more and more JEFFORDS, and Mr. COVERDELL): organizations unleash the cultural states and counties are beginning to S. 1123. A bill to amend the Federal Food, remedy our society so desperately see what a critical role the faith-based Drug, and Cosmetic Act to improve the safe- needs. community can play in helping people ty of imported food, and for other purposes; Therefore, it was with great interest to the Committee on Agriculture, Nutrition, move off of welfare. They are eager to and Forestry. that I heard about Vice President put the Charitable Choice concept into By Mr. SMITH of New Hampshire (for GORE’s statements Monday in Atlanta action in their communities. himself, Mr. FRIST, Mr. BOND, Ms. expressing his support for Charitable We have always known that Chari- LANDRIEU, Mr. ROBB, Mr. HAGEL, Mr. Choice. The Vice President’s interest table Choice is truly bipartisan in na- BREAUX, Mr. TORRICELLI, Mr. HELMS, in Charitable Choice is welcome news. ture, and has the support of over 35 or- Mr. INHOFE, Mr. DURBIN, and Mr. ED- Governor Bush is in the forefront of ganizations that span a wide political WARDS): Charitable Choice solutions. Truly, S.J. Res. 25. A joint resolution expressing and social spectrum. Members from the sense of Congress with respect to the where once there was contention and both sides of the aisle here in the Sen- court-martial conviction of the late Rear Ad- debate, there now is swelling bipar- ate have voted in support of this provi- miral Charles Butler McVay, III, and calling tisan agreement on the promise of sion. And now, with the Vice Presi- upon the President to award a Presidential Charitable Choice. dent’s support for Charitable Choice, I Unit Citation to the final crew of the U.S.S. Congress has been in the forefront of am reintroducing legislation that I in- Indianapolis; to the Committee on Armed encouraging the type of faith-based so- troduced in the 105th Congress, the Services. lutions that the Vice President was By Mr. SMITH of New Hampshire (for ‘‘Charitable Choice Expansion Act,’’ promoting yesterday in Atlanta. The himself, Mr. FRIST, Mr. BOND, Ms. which would expand the Charitable LANDRIEU, Mr. ROBB, Mr. HAGEL, Mr. 1996 welfare reform law contains the Choice concept across all federally BREAUX, Mr.. TORRICELLI, Mr. HELMS, Charitable Choice provision I authored, funded social service programs. Mr. INHOFE, Mr. DURBIN, Mr. ED- which encourages states to partner The substance of the Charitable WARDS, Mrs. BOXER, and Mr. INOUYE): with faith-based organizations to serve Choice Expansion Act is virtually iden- S.J. Res. 26. A joint resolution expressing welfare recipients with federal dollars. tical to that of the original Charitable the sense of Congress with respect to the Last fall, we expanded Charitable Choice provision of the welfare reform courtmartial conviction of the late Rear Ad- miral Charles Butler McVay, III, and calling Choice to cover services provided under law. The only real difference between upon the President to award a Presidential the Community Services Block Grant the two provisions is that the new bill Unit Citation to the final crew of the U.S.S. program, which provides funds to local covers many more federal programs Indianapolis; read the first time. agencies to alleviate poverty in their than the original provision. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5955 While the original Charitable Choice ‘‘(d) EXCLUSIONS.—As used in subsection vidual described in subsection (g)(3) on the provision applies mainly to the new (c), the term ‘program’ does not include ac- basis of religion, a religious belief, a refusal welfare reform block grant program, tivities carried out under— to hold a religious belief, or a refusal to ac- the Charitable Choice Expansion Act ‘‘(1) Federal programs providing education tively participate in a religious practice. to children eligible to attend elementary ‘‘(2) INDIRECT FORMS OF DISBURSEMENT.—A applies to all federal government pro- schools or secondary schools, as defined in religious organization providing assistance grams in which the government is au- section 14101 of the Elementary and Sec- through a voucher certificate, or other form thorized to use nongovernmental orga- ondary Education Act of 1965 (20 U.S.C. 8801) of indirect disbursement under a program de- nizations to provide federally funded (except for activities to assist students in ob- scribed in subsection (c) shall not deny an in- services to beneficiaries. Some of the taining the recognized equivalents of sec- dividual described in subsection (g)(3) admis- programs that would be covered under ondary school diplomas); sion into such program on the basis of reli- this legislation include housing, sub- ‘‘(2) the Higher Education Act of 1965 (20 gion, a religious belief, or a refusal to hold a U.S.C. 1001 et seq.); religious belief. stance abuse prevention and treat- ‘‘(3) the Head Start Act (42 U.S.C. 9831 et ‘‘(i) FISCAL ACCOUNTABILITY.— ment, seniors services, the Social Serv- seq.); or ‘‘(1) IN GENERAL.—Except as provided in ices Block Grant, abstinence education ‘‘(4) the Child Care and Development Block paragraph (2), any religious organization and child welfare services. Grant Act of 1990 (42 U.S.C. 9858 et seq.). providing assistance under any program de- With this recent expression of bipar- ‘‘(e) RELIGIOUS CHARACTER AND INDEPEND- scribed in subsection (c) shall be subject to tisan support for Charitable Choice ENCE.— the same regulations as other nongovern- from the Vice President, now is the ‘‘(1) IN GENERAL.—A religious organization mental organizations to account in accord that provides assistance under a program de- with generally accepted accounting prin- time for Congress to move quickly to scribed in subsection (c) shall retain its inde- ciples for the use of such funds provided pass the Charitable Choice Expansion pendence from Federal, State, and local gov- under such program. Act, so that we can empower the orga- ernments, including such organization’s con- ‘‘(2) LIMITED AUDIT.—Such organization nizations that are best equipped to in- trol over the definition, development, prac- shall segregate government funds provided still hope and transform lives to ex- tice, and expression of its religious beliefs. under such program into a separate account. pand their good work across the na- ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the Only the government funds shall be subject tion. Federal Government nor a State or local to audit by the government. ‘‘(j) COMPLIANCE.—A party alleging that Mr. President, I ask unanimous con- government shall require a religious organization— the rights of the party under this section sent that the bill be printed in the ‘‘(A) to alter its form of internal govern- have been violated by a State or local gov- RECORD. ance; or ernment may bring a civil action pursuant There being no objection, the bill was ‘‘(B) to remove religious art, icons, scrip- to section 1979 against the official or govern- ordered to be printed in the RECORD, as ture, or other symbols; ment agency that has allegedly committed follows: in order to be eligible to provide assistance such violation. A party alleging that the S. 1113 under a program described in subsection (c). rights of the party under this section have ‘‘(f) EMPLOYMENT PRACTICES.— been violated by the Federal Government Be it enacted by the Senate and House of Rep- ‘‘(1) TENETS AND TEACHINGS.—A religious may bring a civil action for appropriate re- resentatives of the United States of America in organization that provides assistance under lief in an appropriate Federal district court Congress assembled, a program described in subsection (c) may against the official or government agency SECTION 1. PROVISION OF ASSISTANCE UNDER require that its employees providing assist- that has allegedly committed such violation. GOVERNMENT PROGRAMS BY RELI- ance under such program adhere to the reli- ‘‘(k) LIMITATIONS ON USE OF FUNDS FOR GIOUS ORGANIZATIONS. gious tenets and teachings of such organiza- CERTAIN PURPOSES.—No funds provided Title XXIV of the Revised Statutes is tion, and such organization may require that through a grant or contract to a religious or- amended by inserting after section 1990 (42 those employees adhere to rules forbidding ganization to provide assistance under any U.S.C. 1994) the following: the use of drugs or alcohol. program described in subsection (c) shall be ‘‘SEC. 1994A. CHARITABLE CHOICE. ‘‘(2) TITLE VII EXEMPTION.—The exemption expended for sectarian worship, instruction, ‘‘(a) SHORT TITLE.—This section may be of a religious organization provided under or proselytization. cited as the ‘Charitable Choice Expansion section 702 or 703(e)(2) of the Civil Rights Act ‘‘(l) EFFECT ON STATE AND LOCAL FUNDS.— Act of 1999’. of 1964 (42 U.S.C. 2000e–1, 2000e–2(e)(2)) regard- If a State or local government contributes ‘‘(b) PURPOSE.—The purposes of this sec- ing employment practices shall not be af- State or local funds to carry out a program tion are— fected by the religious organization’s provi- described in subsection (c), the State or local ‘‘(1) to prohibit discrimination against sion of assistance under, or receipt of funds government may segregate the State or local nongovernmental organizations and certain from, a program described in subsection (c). funds from the Federal funds provided to individuals on the basis of religion in the dis- ‘‘(g) RIGHTS OF BENEFICIARIES OF ASSIST- carry out the program or may commingle tribution of government funds to provide ANCE.— the State or local funds with the Federal government assistance and distribution of ‘‘(1) IN GENERAL.—If an individual de- funds. If the State or local government com- the assistance, under government programs scribed in paragraph (3) has an objection to mingles the State or local funds, the provi- described in subsection (c); and the religious character of the organization sions of this section shall apply to the com- ‘‘(2) to allow the organizations to accept from which the individual receives, or would mingled funds in the same manner, and to the funds to provide the assistance to the in- receive, assistance funded under any pro- the same extent, as the provisions apply to dividuals without impairing the religious gram described in subsection (c), the appro- the Federal funds. character of the organizations or the reli- priate Federal, State, or local governmental ‘‘(m) TREATMENT OF INTERMEDIATE CON- gious freedom of the individuals. entity shall provide to such individual (if TRACTORS.—If a nongovernmental organiza- ‘‘(c) RELIGIOUS ORGANIZATIONS INCLUDED AS otherwise eligible for such assistance) within tion (referred to in this subsection as an ‘in- NONGOVERNMENTAL PROVIDERS.—For any pro- a reasonable period of time after the date of termediate organization’), acting under a gram carried out by the Federal Govern- such objection, assistance that— contract or other agreement with the Fed- ment, or by a State or local government ‘‘(A) is from an alternative organization eral Government or a State or local govern- with Federal funds, in which the Federal, that is accessible to the individual; and ment, is given the authority under the con- State, or local government is authorized to ‘‘(B) has a value that is not less than the tract or agreement to select non-govern- use nongovernmental organizations, through value of the assistance that the individual mental organizations to provide assistance contracts, grants, certificates, vouchers, or would have received from such organization. under the programs described in subsection other forms of disbursement, to provide as- ‘‘(2) NOTICE.—The appropriate Federal, (c), the intermediate organization shall have sistance to beneficiaries under the program, State, or local governmental entity shall en- the same duties under this section as the the government shall consider, in the same sure that notice is provided to individuals government but shall retain all other rights basis as other nongovernmental organiza- described in paragraph (3) of the rights of of a nongovernmental organization under tions, religious organizations to provide the such individuals under this section. this section.’’. assistance under the program, so long as the ‘‘(3) INDIVIDUAL DESCRIBED.—An individual program is implemented in a manner con- described in this paragraph is an individual By Mr. ENZI: sistent with the Establishment Clause of the who receives or applies for assistance under S. 1114. A bill to amend the Federal first amendment to the Constitution. Nei- a program described in subsection (c). Mine Safety and Health Act of 1977 to ther the Federal Government nor a State or ‘‘(h) NONDISCRIMINATION AGAINST BENE- establish a more cooperative and effec- local government receiving funds under such FICIARIES.— tive method for rulemaking that takes program shall discriminate against an orga- ‘‘(1) GRANTS AND CONTRACTS.—A religious nization that provides assistance under, or organization providing assistance through a into account the special needs and con- applies to provide assistance under, such pro- grant or contract under a program described cerns of smaller miners; to the Com- gram, on the basis that the organization has in subsection (c) shall not discriminate, in mittee on Health, Education, Labor, a religious character. carrying out the program, against an indi- and Pensions. S5956 CONGRESSIONAL RECORD — SENATE May 25, 1999 THE SMALL MINE ADVOCACY REVIEW PANEL ACT that the Small Miner bill would make rulemaking with respect to mandatory Mr. ENZI. Mr. President, I rise to in- a world of difference. The Noise Rule health or safety standards that takes into troduce the Small Mine Advocacy Re- would have so severe an impact on account the special needs and concerns of view Panel Act, or ‘‘Small Mine,’’ Act smaller mine operators that it is seri- small mine operators. of 1999. ously questionable whether those who SEC. 3 AMENDMENT TO FEDERAL MINE SAFETY Achieving mine safety starts with co- AND HEALTH ACT OF 1997. wrote this rule have ever actually been (a) IN GENERAL.—Section 101(a)(2) of the operation. Cooperation is at the heart to a small mine. The bottom line is Federal Mine Safety and Health Act of 1977 of the safest workplaces, where em- that this rule prohibits small operators (30 U.S.C. 811(a)(2)) is amended by inserting ployers and employees strive to estab- from supplying miners with personal before the last sentence the following: ‘‘The lish open lines of communication on protective equipment, such as ear procedures for gathering comments from safety, to provide and wear the right plugs, until after they have tried to small entities as described in section 609 of protective equipment, and to give and lower the noise level by buying new title 5, United States Code, shall apply under follow effective training. But coopera- and ‘‘quieter’’ machines at incredible this section and small mine operators shall be considered to be small entities for pur- tion can’t stop there. To have safe cost, tinkering with old machines, ro- poses of such section. For purposes of the work sites, there must also be an un- tating employees around to different preceding sentence, the term ‘small mine op- derstanding of what safety rules mean, stations, and implementing all other erator’ has the meaning given the term how they are to be implemented, and ‘‘feasible’’ engineering and administra- ‘small business concern’ under section 3 of what results should be expected. This tive controls. All this despite the fact the Small Business Act (including any rules is the cooperation that should exist be- that many routinely-used machines promulgated by the Small Business Adminis- tween operators and the Mine Safety can never be made to run as quietly as tration) as such term relates to a mining op- and Health Administration, or MSHA, MSHA mandates no matter how much eration.’’. money is spent, and that miners will (b) CONFORMING AMENDMENT.—Section and it cannot be ignored or under- 609(d) of title 5, United States Code, is valued. have to be rotated outside their areas amended by striking ‘‘Agency and’’ and in- The bill I am introducing today in- of training and expertise. serting ‘‘Agency, the Mine Safety and Health serts a new level of cooperation into This proposed rule is in strict opposi- Administration and’’. MSHA’s rulemaking. Called the Small tion to both MSHA’s and OSHA’s cur- Mine Advocacy Review Panel Act, or rent rules which allow miners to wear By Mr. SPECTER: ‘‘Small Mine’’ Act, this bill would man- ear plugs in the first instance. It also S. 1115. A bill to require the Sec- date that MSHA and panels of small totally abandons logic. It’s like pro- retary of Veterans Affairs to establish operators discuss newly proposed rules posing a rule outlawing employees a national cemetery for veterans in the and their potential impact early in the from using steel-toed shoes and instead Pittsburgh, Pennsylvania, area; to the regulatory process. This practice is regulating that nothing may ever fall Committee on Veterans’ Affairs. currently employed by OSHA and EPA on a worker’s foot. It just doesn’t make NATIONAL CEMETERY IN WESTERN and has been of great benefit both for any sense. PENNSYLVANIA the smaller employers and the agency By discussing this rule with small op- Mr. SPECTER. Mr. President, today I because it forces both parties to com- erators early in the rulemaking proc- introduce legislation which will direct ment and respond in an open forum. I ess, cooperative approaches could have the Secretary of Veterans Affairs (VA) have always believed that the simple been flushed out and solutions achieved to establish a national cemetery in the act of talking about safety actually which satisfy both MSHA’s regulatory Pittsburgh area of Western Pennsyl- leads to safety, and I embrace any ap- objectives and minimize the burden on vania. proach that forces those who write the small operators. As evidenced by this As chairman of the Committee on rules and those who must comply with proposed rule, it is clearly insufficient Veterans’ affairs, I make it my respon- them to sit down together and find so- to have a one time ‘‘comment period’’ sibility to see that our nation’s vet- lutions. or even hold public hearings, because erans are cared for after serving honor- The Subcommittee on Employment, the small operator’s perspective is so ably in the Armed Forces. Part of this Safety and Training has a strong inter- noticeably absent from the rulemaking care involves honoring the memory of est in MSHA’s rulemaking procedure as process. It is not enough to claim that their service upon death. Our nation’s it relates to small operators. In addi- safety is paramount while simulta- veterans are an aging population. At tion, I am well aware that the Senate neously operating in a vacuum to pump present, 46% of the area’s veterans pop- Committee on Governmental Affairs out regulations that no one can under- ulation is over age 65. The General Ac- shares this interest as it relates to the stand or implement. Compliance must counting Office (GAO) has estimated Administrative Procedure Act and the be based on an effective working rela- that by the year 2008, the number of Regulatory Flexibility Act. In light of tionship where the goals set by the reg- veterans’ deaths will peak and remain this, as this bill is centered on MSHA’s ulators are understood and achievable at a high level for years afterward. To responsiveness to smaller operators on by the industry being regulated. If op- anticipate the increased demand for matters of safety and health, Chairman erators are responsible for complying burial space and to accommodate fam- THOMPSON has agreed to allow this bill with MSHA’s regulations, then there is ily and friends wanting nearby ceme- to be referred to the Health, Education, no excuse for failing to include them in teries at which to honor and remember Labor and Pensions Committee. the process from Day One. By passing their loved ones, the Congress and VA MSHA has had great success when its the ‘‘Small Mine’’ bill, operators and must act now. rulemakings have been cooperative MSHA would be responsible for work- The legislation that I introduce with operators and miners. MSHA’s ing together to craft rules that will ac- today will alleviate the long overdue draft Part 46 Training rule was devel- tually improve safety. wait for a national cemetery which the oped in collaboration with over fifteen Mr. President. I ask unanimous con- veterans in the western Pennsylvania industry representatives, the Team- sent that the bill be printed in the area have had to endure. Such a ceme- sters, the Boilermakers, and the Labor- RECORD. tery is necessary due to the over 750,000 ers Health & Safety Fund of North There being no objection, the bill was veterans who reside in the area, includ- America. By working together, the co- ordered to be printed in the RECORD, as ing veterans in parts of the neigh- alition came up with a draft that ev- follows: boring states of Ohio, Maryland, and eryone agreed on and that was com- S. 1114 West Virginia. I should also point out pleted by MSHA’s internal deadline. A Be it enacted by the Senate and House of Rep- that Pennsylvania, a state with the true rulemaking success story. resentatives of the United States of America in fifth highest veteran population in the But other MSHA rules, such as Congress assembled, country, has only one national ceme- SECTION 1. SHORT TITLE. MSHA’s proposed Noise Rule, have This Act may be cited as the ‘‘Small Mine tery within its borders open for new abandoned cooperative partnerships Advocacy Review Panel Act’’. burials. This cemetery, at Indiantown with smaller operators and instead em- SEC. 2. PURPOSE. Gap, serves veterans in the eastern por- braced the old ‘‘big brother’’ style of The purpose of this Act is to establish a tion of the Commonwealth and is more regulation. It is in such rulemakings more cooperative and effective method for than 225 miles from Pittsburgh. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5957 In 1987, VA ranked the Pittsburgh- transportation income, however, is nei- CORINTH BATTLEFIELD PRESERVATION ACT OF area among the top ten population cen- ther passive nor easily movable. Pipes 1999 ters most in need of a national ceme- are located where the natural resources Mr. LOTT. Mr. President, 137 years tery. In 1991, VA began the process of and energy needs are—they cannot be ago today, Major General Henry W. cemetery site-selection and Congress placed just anywhere. Further, one a Halleck and his 120,000 man strong appropriated $250,000 for an Environ- pipe is in the ground, it is tough to Union Army commenced the siege of mental Impact Statement. Four poten- move. Corinth, Mississippi. The ensuing six tial sites were identified in the Pitts- Referring to the legislative history, month battle between General burgh area. Despite this headway, con- we find that Congress did not intend Halleck’s federal troops and General P. struction on a national cemetery never these anti-abuse rules to target foreign G. T. Beauregard’s 53,000 Confederate commenced. pipeline transportation income. Rath- defenders marked a turning point in The high veteran population of this er, these rules were intended to reach the war between the states. It was a region has waited far too long to see the significant revenues derived by fierce engagement over a mere 16 the creation of this national cemetery. highly profitable oil related activities square feet parcel. This small piece of Our nation’s veterans, having given so that were sourced to a low-tax country real estate was of critical strategic im- much for us, deserve a proper burial as opposed to the country in which the portance to both the North and the site in the proximity of their homes. oil or gas was extracted or ultimately South. It was in Corinth, Mississippi that Veterans elsewhere around this coun- consumed. Furthermore, it is impor- the Memphis and Charleston and Mo- try take for granted the availability of tant to note that when these anti- bile and Ohio Railroads crossed paths. a nearby national cemetery. If passed, abuse rules were being considered and This vital east-west and north-south this legislation will ensure that what then put into place, pipeline companies railroad junction served as a passage- began over a decade ago will now be- were not engaged in international de- way for troops and supplies moving come reality. velopment activities, rather they were from Illinois to Alabama and from Ten- Mr. President, I ask unanimous con- focused solely on domestic infrastruc- nessee to points further east such as sent that the bill be printed in the ture development. RECORD. South Carolina and Virginia. Today, pipeline companies are con- There being no objection, the bill was Ed Bearss, Chief Historian Emeritus tinuing to actively pursue all develop- ordered to be printed in the RECORD, as of the National Park Service, stated ment opportunities domestically, yet follows: that ‘‘during the Spring of 1862, Cor- they are somewhat limited. The real S. 1115 inth was the most important city in growth for U.S. pipeline companies, the Confederacy and almost the length Be it enacted by the Senate and House of Rep- however, is in the international arena. of the War . . . because of the rail- resentatives of the United States of America in These new opportunities have arisen Congress assembled, roads.’’ In fact, because of its status as from fairly recent efforts by foreign a vital rail hub, the town was occupied SECTION 1. ESTABLISHMENT. countries to privatize their energy sec- (a) IN GENERAL.—The Secretary of Vet- by either Confederate or Union forces erans Affairs shall establish, in accordance tors. from 1861 to 1865. It also served as a with chapter 24 of title 38, United States Enabling U.S. pipeline companies to springboard for the careers of over 200 Code, a national cemetery in the Pittsburgh, engage in energy infrastructure leading Confederate and Federal gen- Pennsylvania, area to serve the needs of vet- projects abroad will result in tremen- erals who were stationed in Corinth at erans and their families. dous benefits back home. For example, one time or another. A figure matched (b) CONSULTATION IN SELECTION OF SITE.— more U.S. employees will be needed to by few other locations. Before selecting the site for the national cemetery established under subsection (a), craft and close deals, to build the Corinth is a city that exemplifies the the Secretary shall consult with appropriate plants and pipelines, and to operate the trials and tribulations experienced by officials of the State of Pennsylvania and facilities. New investment overseas soldiers and civilians throughout the local officials of the Pittsburgh, Pennsyl- also will bring new demands for U.S. Civil War. A town whose railways lied vania, area. equipment. Yet before any of these at the center of a grand military chess (c) REPORT.—As soon as practicable after benefits can be realized, U.S. compa- match. An area, like many others the date of the enactment of this act, the nies must be able to defeat their for- north and south of the Mason-Dixon Secretary shall submit to Congress a report eign competitors and win projects. Un- line, racked by the ravages of war. on the establishment of the national ceme- Even with its new status as a Na- tery under subsection (a). The report shall fortunately, current U.S. tax laws sig- set forth a schedule for the establishment of nificantly hinder the ability of U.S. tional Historic Landmark, Corinth is the cemetery and an estimate of the costs companies to win such projects. still considered a ‘‘Civil War Landmark associated with the establishment of the We must act now if we are to ensure At Risk.’’ The Civil War Sites Advisory cemetery. that U.S. companies remain competi- Commission, chartered by Congress to tive players in the international mar- assess threats to America’s premier By Mr. NICKLES: ketplace. There are incremental, low historic sites, identified Corinth as a S. 1116. A bill to amend the Internal cost, reforms that we can and must priority one battlefield in critical need Revenue Code of 1986 to exclude income make. My legislation—to clarify that of coordinated nationwide action by from the transportation of oil and gas U.S. tax treatment of foreign pipeline the year 2000. Local, state, and na- by pipeline from subpart F income; to transportation income—is one such tional preservation groups agree. And, the Committee on Finance. low-cost reform. so do I. THE FOREIGN PIPELINE TRANSPORTATION Mr. President, today, I am proud and INCOME ACT I urge my colleagues to join me in honored to introduce the Corinth Bat- Mr. NICKLES. Mr. President, I rise this effort to bring current U.S. tax tlefield Preservation Act of 1999. This today to introduce legislation which law in line with good tax policy. It is much needed legislation would provide will right a wrong that has been in the up to us to do all we can to keep Amer- further protection for one of America’s tax code for too long. This legislation ica competitive in the global economy. most important Civil War sites by es- will clarify the U.S. tax treatment of tablishing Corinth as a unit of the Shi- foreign pipeline transportation income. By Mr. LOTT (for himself, Mr. loh National Military Park. This legislation is needed because cur- COCHRAN, Mr. ROBB, and Mr. The 106th Congress needs to add the rent tax law causes active foreign pipe- JEFFORDS): Corinth Battlefield and its surrounding line transportation income to be unin- S. 1117. A bill to establish the Cor- sites to the National Park System tentionally trapped within the anti- inth Unit of Shiloh National Military given the area’s pivotal role in Amer- abuse tax rules of Subpart F. These Park, in the vicinity of the city of Cor- ican history. It is also appropriate for anti-abuse rules were originally estab- inth, Mississippi, and in the State of Congress to establish Corinth as a unit lished to prevent companies from Tennessee, and for other purposes; to of the Shiloh National Military Park avoiding payment of U.S. tax on easily the Committee on Energy and Natural as these two sites were indelibly linked movable and passive income. Pipeline Resources. during the Civil War. The 1862 battle of S5958 CONGRESSIONAL RECORD — SENATE May 25, 1999 Shiloh was actually the first strike in from the battle for Corinth. These tional, and international preservation the Union force’s overall Corinth Cam- earthworks and fortifications are sym- organizations. paign. It was in April 1862, that federal bolic reminders of the epic struggle Along with the strong local support and southern forces competing for con- that ensued between friends and neigh- shown by the residents and local offi- trol over Corinth first struggled in the bors and the Civil War’s lasting impact cials of Corinth and Alcorn County as Battle of Shiloh/Pittsburg Landing. on modern warfare. well as assistance from several Civil The battle for Corinth also had inter- Although, the Battle of Shiloh has War preservation groups, I would also national implications. As a result of been etched into American history as like to take a moment to thank Rose- the Union’s victory, the British gov- part of the Shiloh National Military mary Williams of Corinth, Woody ernment chose not to officially recog- Park, a number of important historic Harrel, Superintendent of the Shiloh nize the Confederacy. sites and resources relating to the pre- Military Park, and Anne Thompson, The conflict in and around Corinth battle and the rest of the Corinth Cam- Manager of the Interim Corinth Civil eventually included the Battles of paign have not been adequately pro- War Interpretive Center. They were in- Iuka, Tupelo, and Brices’ Crossroads, tected or interpreted. Establishing the strumental in assisting with the prepa- as well as engagements in Booneville, Shiloh Nationally Military Park as the ration of this important historic pres- Rienzi, Ripley, and numerous skir- nation’s second Military Park back in ervation legislation. mishes in southwest Tennessee and 1894 was a good start. Now it is time for Mr. President, I also want to thank northeast Alabama. the 106th Congress to complete the my colleagues, Senator COCHRAN, Sen- In 1862, Union General Halleck said preservation effort. Congress needs to ator ROBB, and Senator JEFFORDS, for ‘‘Richmond and Corinth . . . are the give a lasting presence to the Corinth their formal support of this pro-parks, greatest strategic points of the war, Battlefield, a key component of the pro-history measure. and our success at these points should historic Shiloh-Corinth Corridor. I hope that the rest of my colleagues be insured at all hazards.’’ Halleck’s Corinth remains a central transpor- will join with us in taking this nec- subordinate, General Ulysses S. Grant, tation gateway. It serves as a junction essary step to protect our heritage so regarded Corinth as ‘‘the great stra- intersecting Highways 72, running east that our children and grandchildren tegic position in the west between the and west, and Highway 45, which runs can gain an understanding of the strug- Tennessee and Mississippi Rivers and north and south. It is also a mecca for gles of this great nation. Struggles between Nashville and Vicksburg.’’ In dedicated history buffs given the that have help shaped our American arguing for the defense of Corinth, Con- town’s close proximity to Shiloh and democracy and transformed our diverse federate General Beauregard stated to other Civil War sites and its connec- states and peoples into a cohesive and General Samual Cooper, Adjutant and tion to the Corinth Campaign. prosperous union better prepared to Inspector General of the Confederate I am sure that my colleagues will meet the challenges and opportunities States Army that, ‘‘if defeated here [in agree that the sixteen Corinth Civil of the next millennium. Corinth has a Corinth,] we lose the Mississippi Valley War sites designated as National His- story to tell Americans today and in and probably our cause, whereas we toric Landmarks are far too important the future. Corinth merits inclusion in could even afford to lose for a while to be relegated solely to review in his- the Shiloh National Military Park. Charleston and Savannah for the pur- tory books or by professional histo- Mr. President, I ask unanimous con- pose of defeating Buell’s army, which rians. Americans need to see it. sent that the text of the bill be printed would not only insure us the valley of The 106th Congress can and must in the RECORD. the Mississippi, but our independence.’’ highlight the importance of the Siege There being no objection, the bill was Corinth’s strategic importance to both and Battle of Corinth for the millions ordered to be printed in the RECORD, as armies led to some of the bloodiest bat- of adults and children, both American follows: tles in the Western Theater. Tens of and foreign, interested in learning S. 1117 thousands of soldiers were killed or about an essential facet of Americana. Be it enacted by the Senate and House of Rep- wounded in this bitter offensive. For over one hundred years, the resentatives of the United States of America in It was also here that thousands of United States Congress has advanced Congress assembled, war refugees, mostly African-Ameri- the notion that our national interest is SECTION 1. SHORT TITLE. cans from Mississippi, Tennessee, and best served by preserving America’s This act may be cited as the ‘‘Corinth Bat- Alabama, sought shelter with the historic treasures. Not only by ensur- tlefield Preservation Act of 1999’’. Union Army in Corinth. After Presi- ing the proper interpretation of impor- SEC. 2. FINDINGS AND PURPOSES. dent Lincoln’s Emancipation Procla- tant historic events, but also the (a) FINDINGS.—Congress finds that— mation, the federal army created a places—the properties where pivotal (1) in 1996, Congress authorized the estab- model ‘‘Contraband Camp.’’ By the military milestones occurred. lishment and construction of a center— Spring of 1863, the camp housed around As Ed Bearss proclaimed, ‘‘the Battle (A) to facilitate the interpretation of the 4,000 freedmen. Almost half of these of Corinth was the bloodiest battle in Siege and Battle of Corinth and other Civil freedmen joined the ‘‘First Alabama the State of Mississippi. Troops were War actions in the area in and around the Infantry of African Descent’’ which brought from New Orleans, Mobile, city of Corinth, Mississippi; and (B) to enhance public understanding of the later became the ‘‘55th Colored Infan- Texas and Arkansas because Corinth significance of the Corinth campaign and the try.’’ was such an important place. With the Civil War relative to the western theater of Corinth is also one of the few exist- fall of Corinth, Perryville, Kentucky, operations, in cooperation with— ing Civil War sites that boasts extraor- and Antietam, Maryland the Confed- (i) State or local governmental entities; dinary earthworks and fortifications— eracy was lost.’’ We owe it to our an- (ii) private organizations; and many of which remain in pristine con- cestors and to future generations to (iii) individuals; dition. A National Park Service study- protect Corinth and the wealth of Civil (2) the Corinth Battlefield was ranked as a ing authority stated that, ‘‘today the War history that exudes from this priority 1 battlefield having critical need for surviving [Corinth] earthworks are one coordinated nationwide action by the year small town. 2000 by the Civil War Sites Advisory Com- of the largest and best preserved Mr. President, the measure offered mission in its report on Civil War Battle- groups of field fortifications, dating to today is vital to the successful inter- fields of the United States; 1862 in the United States.’’ Unfortu- pretation and preservation of Corinth. (3) there is a national interest in pro- nately, many of these historic re- It builds upon previous efforts and tecting and preserving sites of historic sig- sources, undisturbed for over 130 years, gives Corinth its proper status as one nificance associated with the Civil War; and are now threatened. For example, a 500- of America’s most significant Civil War (4) the States of Mississippi and Tennessee yard section of earthworks was specifi- sites. and their respective local units of cally sold for development. These Mr. President, I ask my colleagues to government— (A) have the authority to prevent or mini- earthworks are important to our na- join with me in support of the Corinth mize adverse uses of these historic resources; tional heritage because they helped Battlefield Preservation Act of 1999. A and shape the face of war from the 1860’s to bipartisan measure which is widely (B) can play a significant role in the pro- today. In fact, trench warfare evolved supported by local, state, regional, na- tection of the historic resources related to May 25, 1999 CONGRESSIONAL RECORD — SENATE S5959 the Civil War battles fought in the area in Act and the laws generally applicable to War Siege and Battle of Corinth in 1862, in- and around the city of Corinth. units of the National Park System, cluding the relationship of the campaign to (b) PURPOSES.—The purposes of this Act including— other operations in the western theater of are— (1) the Act entitled ‘‘An Act to establish a the Civil War that occurred in— (1) to establish the Corinth Unit of the Shi- National Park Service, and for other pur- (A) the area in and around the city of Cor- loh National Military Park— poses’’, approved August 25, 1916 (16 U.S.C. 1 inth; and (A) in the city of Corinth, Mississippi; and et seq.); and (B) the State of Tennessee; (B) in the State of Tennessee; (2) the Act entitled ‘‘An Act to provide for (2) identify alternatives for preserving fea- (2) to direct the Secretary of the Interior the preservation of historic American sites, tures from the Civil War era in the area in to manage, protect, and interpret the re- buildings, objects, and antiquities of na- and around the city of Corinth, including sources associated with the Civil War Siege tional significance, and for other purposes’’, both military and civilian themes and the Battle of Corinth that occurred in approved August 21, 1935 (16 U.S.C. 461 et involving— and around the city of Corinth, in coopera- seq.). (A) the role of the railroad in the Civil War; tion with— (b) DUTIES.—In accordance with section 602 (B) the story of the Corinth contraband (A) the State of Mississippi; of the Omnibus Parks and Public Lands Man- camp; and (B) the State of Tennessee; agement Act of 1996 (16 U.S.C. 430f–5), the (C) the city of Corinth, Mississippi; (C) the development of field fortifications Secretary shall— as a tactic of war; (D) other public entities; and (1) commemorate and interpret, for the (E) the private sector; and (3) identify potential partners that might benefit of visitors and the general public, the support efforts by the Secretary to carry out (3) to authorize a special resource study to Siege and Battle of Corinth and other Civil identify other Civil War sites area in and this Act, including— War actions in the area in and around the (A) State entities and their political sub- around the city of Corinth that— city of Corinth within the larger context of (A) are consistent with the themes of the divisions; the Civil War and American history, includ- (B) historical societies and commissions; Siege and Battle of Corinth; ing the significance of the Civil War Siege (C) civic groups; and (B) meet the criteria for designation as a and Battle of Corinth in 1862 in relation to (D) nonprofit organizations; unit of the National Park System; and other operations in the western theater of (4) identify alternatives to avoid land use (C) are considered appropriate for includ- the Civil War; and conflicts; and ing in the Unit. (2) identify and preserve surviving features (5) include cost estimates for any nec- SEC. 3. DEFINITIONS. from the Civil War era in the area in and essary activity associated with the alter- In this Act: around the city of Corinth, including both natives identified under this subsection, (1) MAP.—The term ‘‘Map’’ means the map military and civilian themes that include— including— entitled ‘‘Corinth Unit’’, numbered 304/80,007, (A) the role of railroads in the Civil War; (A) acquisition; and dated October 1998. (B) the story of the Corinth contraband (B) development; (C) interpretation; (2) PART.—The term ‘‘Park’’ means the camp; and Shiloh National Military Park. (D) operation; and (C) the development of field fortifications (E) maintenance. (3) SECRETARY.—The term ‘‘Secretary’’ as a tactic of war. (c) REPORT.—Not later than 1 year and 180 means the Secretary of the Interior. (c) COOPERATIVE AGREEMENTS.— days after the date on which funds are made (4) UNIT.—The term ‘‘Unit’’ means the Cor- (1) IN GENERAL.—To carry this Act, the available to carry out this section, the Sec- inth Unit of Shiloh National Military Park Secretary may enter into cooperative agree- established under section 4. retary shall submit a report describing the ments with entities in the public and private findings of the study under subsection (a) SEC. 4. ESTABLISHMENT OF UNIT. sectors, including— to— (a) IN GENERAL.—There is established in (A) colleges and universities; (1) the Committee on Energy and Natural the States of Mississippi and Tennessee the (B) historical societies; Resources of the Senate; and Corinth Unit of the Shiloh National Military (C) State and local agencies; and (2) the Committee on Resources of the Park. (D) nonprofit organizations. House of Representatives. (b) COMPOSITION OF UNIT.—The Unit shall (2) TECHNICAL ASSISTANCE.—To develop co- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. be comprised of— operative land use strategies and conduct ac- There are authorized to be appropriated (1) the tract consisting of approximately 20 tivities that facilitate the conservation of such sums as are necessary to carry out this acres generally depicted as ‘‘Park Boundary’’ the historic, cultural, natural, and scenic re- Act, including $3,000,000 for the construction on the Map, and containing— sources of the Unit, the Secretary may pro- of an interpretive center under section 602(d) (A) the Battery Robinett; and vide technical assistance, to the extent that of title VI of the Omnibus Parks and Public (B) the site of the interpretive center au- a recipient of technical assistance is engaged Lands Management Act of 1996 (16 U.S.C. thorized under section 602 of the Omnibus in the protection, interpretation, or com- 430f–59d)). Parks and Public Lands Management Act of memoration of historically significant Civil 1996 (16 U.S.C. 430f–5); and War resources in the area in and around the By Mr. SCHUMER (for himself, (2) any additional land that the Secretary city of Corinth, to— Mrs. FEINSTEIN, Mr. CHAFEE, determines to be suitable for inclusion in the (A) the State of Mississippi (including a Mr. GREGG, Mr. SANTORUM, and Unit that— political subdivision of the State); (A) is under the ownership of a public enti- (B) the State of Tennessee (including a po- Mr. MOYNIHAN): ty or nonprofit organization; and litical subdivision of the State); S. 1118. A bill to amend the Agricul- (B) has been identified by the Siege and (C) a governmental entity; tural Market Transition Act to convert Battle of Corinth National Historic Land- (D) a nonprofit organization; and the price support program for sugar- mark Study, dated January 8, 1991. (E) a private property owner. cane and sugar beets into a system of (c) AVAILABILITY OF MAP.—The Map shall (d) RESOURCES OUTSIDE THE UNIT.—Nothing solely recourse loans to provide for the be on file and available for public inspection in subsection (c)(2) authorizes the Secretary gradual elimination of the program; to in the office of the Director of the National to own or manage any resource outside the Park Service. Unit. the Committee on Agriculture, Nutri- tion, and Forestry. SEC. 5. LAND ACQUISITION. SEC. 7 AUTHORIZATION OF SPECIAL RESOURCE (a) IN GENERAL.—The Secretary may ac- STUDY. SUGAR PROGRAM PHASE OUT LEGISLATION quire land and interests in land within the (a) IN GENERAL.—To determine whether Mr. SCHUMER. Mr. President, today boundary of the Park as depicted on the certain additional properties are appropriate I join with my colleagues Senators Map, by— for inclusion in the Unit, the Secretary shall FEINSTEIN, CHAFEE, GREGG, and (1) donation; conduct a special resource study of land in SANTORUM to introduce legislation that (2) purchase with donated or appropriated and around the city of Corinth, Mississippi, phases out the federal sugar program. funds; or and nearby areas in the State of Tennessee Remember that old story, if you be- (3) exchange. that— (b) EXCEPTION.—Land may be acquired only (1) have a relationship to the Civil War lieve this, I’ve got some swampland to by donation from— Siege and Battle of Corinth in 1862; and sell you in Florida? Boy, I wish I (1) The State of Mississippi (including a po- (2) are under the ownership of— bought some of that swampland and be- litical subdivision of the State); (A) the State of Mississippi (including a came a sugar grower. (2) the State of Tennessee (including a po- political subdivision of the State); It is a can’t miss, can’t lose propo- litical subdivision of the State); or (B) the State of Tennessee (including a po- sition where all of the risk is absorbed (3) the organization known as ‘‘Friends of litical subdivision of the State); by the federal government and all of the Siege and Battle of Corinth’’. (C) a nonprofit organization; or the reward goes to the sugar barons. It SEC. 6. PARK MANAGEMENT AND ADMINISTRA- (D) a private person. TION. (b) CONTENTS OF STUDY.—The study shall— is one of the last vestiges of a central- (a) IN GENERAL.—The Secretary shall ad- (1) identify the full range of resources and ized, subsidized U.S. farm sector which minister the Unit in accordance with this historic themes associated with the Civil has mostly gone by the wayside. S5960 CONGRESSIONAL RECORD — SENATE May 25, 1999 Ten years after the collapse of the ‘‘(1) an amount that bears the same rela- after the 1998/1999 quota year, the President Berlin Wall, Odessa on the Okeechobee tion to the loan rate in effect under sub- shall use all authorities available to the with its generous price supports some- section (a) for a crop as the weighted average President as may be necessary to enable the how still survives. This is a special in- of producer returns for sugar beets bears to Secretary of Agriculture to ensure that ade- the weighted average of producer returns for quate supplies of raw cane sugar are made terest program that benefits a handful sugarcane, expressed on a cents per pound available to the United States market at of sugar barons at the expense of every basis for refined beet sugar and raw cane prices that are not greater than the higher man, woman and child in America. sugar, for the most recent 5-year period for of— Several years ago, the GAO esti- which data are available; and ‘‘(1) the world sugar price (adjusted to a de- mated that consumers paid $1.4 billion ‘‘(2) an amount that covers sugar beet livered basis); or more at the cash register because of processor fixed marketing expenses.’’. ‘‘(2) the raw cane sugar loan rate in effect the sugar price support. Today, because (b) CONVERSION TO RECOURSE LOANS.—Sec- under section 156 of the Agricultural Market tion 156(e) of the Agricultural Market Tran- the world price for sugar is lower and Transition Act (7 U.S.C. 7272), plus inter- sition Act (7 U.S.C. 7272(e)) is amended— est.’’. the price paid in the U.S. is higher, the (1) in paragraph (1), by inserting ‘‘only’’ cost to consumers could be twice as after ‘‘this section’’; and Mrs. FEINSTEIN. Mr. President, I high. (2) by striking paragraphs (2) and (3) and rise in support of legislation sponsored And let’s not forget. It has already inserting the following: by Senator SCHUMER to phase out the cost America thousands of refinery ‘‘(2) NATIONAL LOAN RATES.—Recourse antiquated sugar subsidy. The sugar loans under this section shall be made avail- program is nothing than a system of jobs. And it has already cost the Ever- able at all locations nationally at the rates glades hundreds of acres of pristine wil- import restrictions, subsidized loans, specified in this section, without adjustment and price supports that benefit a lim- derness. In Brooklyn and in Yonkers, to provide regional differentials.’’. we have lost one-third of our refinery (c) CONVERSION TO PRIVATE SECTOR FINANC- ited number of sugar growers. jobs in the last decade. Why? Because ING.—Section 156 of the Agricultural Market I find it incredible that the federal the sugar program is such a bitter deal, Transition Act (7 U.S.C. 7272) is amended— government continues to support a refiners cannot get enough raw cane (1) by redesignating subsection (i) as sub- subsidy program that is driving the do- section (j); sugar to remain open. mestic refinery industry out of exist- (2) by inserting after subsection (h) the fol- ence and costing thousands of good Four years ago, when we came within lowing: five votes in the House of terminating ‘‘(i) CONVERSION TO PRIVATE SECTOR FI- jobs. The US Department of Agri- the sugar program, the world market NANCING.—Notwithstanding any other provi- culture restricts the amount of sugar price for sugar was about ten cents and sion of law— available to domestic refineries. With- the U.S. price about 20 cents. Today ‘‘(1) no processor of any of the 2003 or sub- out sugar, a sugar refinery cannot op- sequent crops of sugarcane or sugar beets erate and that is the result of this mis- the world price is less than a nickel shall be eligible for a loan under this section and the U.S. price is almost a quarter. guided program. with respect to the crops; and It is clear that the U.S. sugar policy In other words, the gulf between the ‘‘(2) the Secretary may not make price sup- free market and the sugar program is port available, whether in the form of loans, has served to strangle this country’s getting wider. payments, purchases, or other operations, sugar refining industry. By limiting Under any reasonable and rational for any of the 2003 and subsequent crops of the amount of raw cane sugar available measure the sugar program should be sugar beets and sugarcane by using the funds for production, there has been a 40 per- repealed. If the issue is jobs, the envi- of the Commodity Credit Corporation or cent decline in jobs in the sugar-cane other funds available to the Secretary.’’; and ronment or the consumer—then we refining industry. Since 1982, nine out (3) in subsection (j) (as redesignated by of twenty one cane sugar refineries in have no choice but to repeal. At all paragraph (1)) by striking ‘‘subsection (f)’’ ends of the political spectrum the an- and inserting ‘‘subsections (f) and (i)’’. the U.S. have been forced out of busi- swer is the same—it’s time to repeal (d) TERMINATION OF MARKETING QUOTAS ness. Those that have remained open the sugar program. AND ALLOTMENTS.— are struggling to survive under onerous Mr. President, I ask unanimous con- (1) TERMINATION.—Part VII of subtitle B of import restrictions. title III of the Agricultural Adjustment Act sent that the text of the bill be printed I first became involved with this of 1938 (7 U.S.C. 1359aa et seq.) is repealed. issue in 1994 when David Koncelik, the in the RECORD. (2) CONFORMING AMENDMENT.—Section There being no objection, the bill was 344(f)(2) of the Agricultural Adjustment Act President and CEO of the California ordered to be printed in the RECORD, as of 1938 (7 U.S.C. 1344(f)(2)) is amended by and Hawaiian Sugar Company, in- follows: striking ‘‘sugar cane for sugar, sugar beets formed me that his refinery was forced S. 1118 for sugar,’’. to temporarily cease operations be- (e) OTHER CONFORMING AMENDMENTS.— cause it had no sugar. Be it enacted by the Senate and House of Rep- (1) PRICE SUPPORT FOR NONBASIC AGRICUL- resentatives of the United States of America in This 93 year old refinery is the Na- TURAL COMMODITIES.— tion’s largest refinery and the only Congress assembled, (A) DESIGNATED NONBASIC AGRICULTURAL SECTION 1. RECOURSE LOANS FOR PROCESSORS COMMODITIES.—Section 201(a) of the Agricul- such facility on the West Coast. C&H OF SUGARCANE AND SUGAR BEETS tural Act of 1949 (7 U.S.C. 1446(a)) is amended refines about 15 percent of the total AND REDUCTION IN LOAN RATES. by striking ‘‘milk, sugar beets, and sugar- cane sugar consumed in the U.S. (a) GRADUAL REDUCTION IN LOAN RATES.— cane’’ and inserting ‘‘, and milk’’. C&H is capable of producing and sell- (1) SUGARCANE PROCESSOR LOANS.—Section (B) OTHER NONBASIC AGRICULTURAL COM- ing 700,000 tons of refined sugar annu- 156(a) of the Agricultural Market Transition MODITIES.—Section 301 of the Agricultural Act (7 U.S.C. 7272(a)) is amended by striking ally. Therefore, the company requires Act of 1949 (7 U.S.C. 1447) is amended by in- in excess of 700,000 tons of raw cane ‘‘equal to 18 cents per pound for raw cane serting ‘‘(other than sugarcane and sugar sugar.’’ and inserting the following: ‘‘, per beets)’’ after ‘‘title II’’. sugar to meet its sales demand. pound for raw cane sugar, equal to the fol- (2) POWERS OF COMMODITY CREDIT CORPORA- Hawaii is C&H’s sole source for its lowing: TION.—Section 5(a) of the Commodity Credit domestic raw cane sugar needs, but Ha- ‘‘(1) In the case of raw cane sugar processed Corporation Charter Act (15 U.S.C. 714c(a)) is waii’s cane sugar industry has been in from the 1996, 1997, or 1998 crop, $0.18. amended by inserting ‘‘(except for the 2003 decline for over 10 years. This has ‘‘(2) In the case of raw cane sugar processed and subsequent crops of sugarcane and sugar meant that C&H is forced to cover over from the 1999 crop, $0.17. beets)’’ after ‘‘agricultural commodities’’. half its annual consumption through ‘‘(3) In the case of raw cane sugar processed (3) SECTION 32 ACTIVITIES.—Section 32 of the from the 2000 crop, $0.16. Act of August 24, 1935 (7 U.S.C. 612c), is imports from other countries. ‘‘(4) In the case of raw cane sugar processed amended in the second sentence of the first The highly restrictive sugar import from the 2001 crop, $0.15. paragraph by inserting ‘‘(other than sugar- system forces C&H to pay an inflated ‘‘(5) In the case of raw cane sugar processed cane and sugar beets)’’ after ‘‘commodity’’ price for raw sugar from both domestic from the 2002 crop, $0.14.’’. the last place it appears. and foreign suppliers. Even more dev- (2) SUGAR BEET PROCESSOR LOANS.—Section (f) ASSURANCE OF ADEQUATE SUPPLIES OF astating, however, the quota system 156(b) of the Agricultural Market Transition SUGAR.—Section 902 of the Food Security limits the amount of sugar available to Act (7 U.S.C. 7272(b)) is amended by striking Act of 1985 (7 U.S.C. 1446g note; Public Law ‘‘equal to 22.9 cents per pound for refined 99–198) is amended by striking subsection (a) the refinery. Simply put, C&H has been beet sugar.’’ and inserting the following: ‘‘, and inserting the following: unable to get enough sugar to refine per pound of refined beet sugar, that ‘‘(a) IN GENERAL.—Beginning with the and it has been forced to close it doors reflects— quota year for sugar imports that begins on several occasions. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5961 The reduced production capacity has The legislation we are introducing eral law. In my own state of New Jer- resulted in a severe downsizing of the will eliminate the sugar subsidy pro- sey, the GAO report showed that only workforce. As recently as 1987, C&H gram by 2002. This is a simple, 39 percent of Medicaid children have employed over 1,400 people. These are straight-forward, and fair way to end a been screened. Despite federal require- not minimum wage jobs we are talking program that has not worked for U.S. ments, for whatever reason—insuffi- about: the average employee in the consumers or workers. cient outreach, lax government over- cane refining industry earns nearly Congress has had opportunities in the sight or parental ignorance, too many $43,000 a year. In 1995, C&H had to past to kill this program and we have kids are not getting screened. eliminate 30 percent of its workforce not taken them. As a result, workers The Children’s Lead SAFE Act would just to remain viable under the quota have lost jobs and consumers have lost address this problem by establishing system mandated by the sugar pro- money. I am pleased to join my col- clear and consistent standards for gram. leagues in saying that enough is screening and treatment and by involv- C&H now employees just over 500 enough. It is time to end the sugar sub- ing all relevant federal health pro- people. These jobs and many others sidy program once and for all. grams in this battle. Our legislation is around the nation are at risk if reforms modeled on the recommendations made are not made to the sugar program. By Mr. TORRICELLI (for himself, by the GAO. The overly restrictive manner that Mr. REED, Mr. LAUTENBERG, Mr. It requires all federal programs serv- the USDA administers the sugar pro- BRYAN, Mrs. BOXER, Mrs. FEIN- ing at-risk kids to be involved in gram has a number of other flaws. The STEIN, Mr. DODD, Mr. ROCKE- screening. It requires State Medicaid sugar program’s existing quota system FELLER, Mr. BIDEN, Mr. SCHU- contracts to explicitly require pro- was put in place in 1982, using trading MER, Mrs. MURRAY, Mr. DURBIN, viders (HMO’s) to follow federal rules patterns dating as far back as 1975. The and Mr. KERRY): for screening and treatment. It expands S. 1120. A bill to ensure that children system has remained largely un- Medicaid coverage to include treat- enrolled in medicaid and other Federal changed over the past 17 years despite ment services and environmental in- means-tested programs at highest risk major alterations in the international vestigations to determine the source of for lead poisoning are identified and sugar market. As a result, the current the poisoning. WIC centers (with 12 treated, and for other purposes; to the import quota system assigns export percent of the at-risk population) will Committee on Finance. rights to countries that don’t grow be required to assess whether a child enough sugar to export or, in some CHILDREN’S LEAD SAFE ACT has been screened and if they have not Mr. TORRICELLI. Mr. President, cases, are net importers themselves. ∑ to provide the necessary referral and today I rise with Senator REED to in- For example, the Philippines are follow-up to ensure that screening oc- troduce legislation that will ensure granted one of the largest export privi- curs. Head Start facilities would simi- that children enrolled in federal health leges under the sugar import quota sys- larly have the responsibility for ensur- care programs receive screening and tem. It, however, does not even grow ing that their children are screened. appropriate care for lead poisoning. enough sugar to meet it own domestics In addition, our legislation would im- Our bill, the ‘‘Children’s Lead SAFE needs. What this means is that the prove data so we can identify problems Act of 1999’’ would go a long way to Philippines sell their homegrown sugar and use that information to educate eliminate childhood lead poisoning. crop to the United States at about 22 We know lead exposure is one of the providers about the extent of the prob- cents a pound. It then buys raw sugar most dangerous health hazards for lem. CDC would develop information- on the world market at around 5 cents young children because their nervous sharing guidelines for State and local a pound. This is ridiculous. We are in systems are still developing. Lead poi- health departments, the labs that per- effect giving money to foreign coun- soning in children causes damage to form the test and federal programs. It tries and forcing domestic consumers the brain and nervous systems, which would also require each State to report to pay the price. leads to IQ loss, impaired physical de- on the percent of the Medicaid popu- Beginning in September of 1994, I velopment and behavioral problems. lation they are screening. have asked the Administration on High levels of exposure can cause Finally, our legislation would make eight separate occasions to reform the comas, convulsions, and even death. sure agencies have sufficient resources sugar program. Simply increasing the Despite our success over the past to do screening by reimbursing WIC amount of sugar available through the twenty years to reduce lead poisoning and Head Start for costs they incur in import program would provide imme- in the U.S., it continues to be the num- screening. The legislation would also diate relief to C&H and the other do- ber one environmental health threat to create a bonus program whereby a mestic refineries. To date, no such per- children, with nearly one million pre- state will receive a per child bonus for manent reform of the program has been schoolers affected. Poor and minority every child it screens above 65 percent made. children are most at-risk because of of its Medicaid population. In addition to choking off the refin- diet and exposure to environmental Mr. President, the health and safety eries’ access to sugar, the US sugar hazards such as old housing. These of our children would be greatly en- policy also has an adverse impact on children frequently live in older hous- hanced with the passage of this impor- US consumers. The General Account- ing which contains cracked or chipped tant legislation. Childhood lead poi- ing Office has found that the program lead paint, where children primarily soning is easily preventable, and there costs sugar users an average of $1.4 bil- contract lead poisoning by ingesting is no excuse for not properly screening lion annually. That equates to $3.8 mil- paint chips or lead dust. and providing care to our kids. Our bill lion a day in hidden sugar taxes. Mr. President, 75 percent of At-Risk would accomplish this and ensure ade- The report found that ‘‘Although the children are enrolled in federal health quate care. I ask my colleagues to join sugar program is considered a no-net- care programs. Kids in these programs me in recognizing this problem and cost program because the government are five times more likely to have high supporting its solution.∑ does not make payments directly to blood levels. In 1992, Congress in- Mr. REED. Mr. President, I rise producers, it places the cost of the structed Health Care Financing Adm. today to introduce legislation with price supports on sweetener users—con- (HCFA) to require States to lead screen Senator TORRICELLI that would ensure sumers and manufacturers of sweet- Medicaid children under the age of two. that children enrolled in federal health ener-containing products—who pay Despite this, the GAO report shows care programs receive screening and higher sugar and sweetener prices.’’ that mandatory screening isn’t hap- appropriate follow-up care for lead poi- What this means is that unlike tradi- pening. Two-thirds of Medicaid chil- soning. Our bill, the ‘‘Children’s Lead tional subsidy programs, the funds do dren have never been screened (as re- SAFE Act of 1999’’ is an effort to elimi- not come directly from the Treasury. quired). And only 20 percent of all chil- nate a disease that continues to wreak Instead, the sugar program places the dren in federal programs have been irreversible damage upon our nation’s cost consumers by restricting the sup- screened. children. ply of available sugar which causes In fact, only half the States have Despite our success over the past higher domestic market prices. screening policies consistent with fed- twenty years to reduce lead poisoning S5962 CONGRESSIONAL RECORD — SENATE May 25, 1999 in the U.S., it continues to be the num- systems to provide state- and commu- The Telecommunications Act of 1996 ber one environmental health threat to nity-level information about the extent passed with the promise of bringing children, with nearly one million pre- to which children have elevated blood competition to benefit American con- schoolers affected. This problem is par- lead levels. It also expands and coordi- sumers. However, this promise has yet ticularly severe among African Amer- nates lead screening and treatment ac- to materialize. ican children who are at five times tivities through other federal programs Since passage of the Telecommuni- higher risk than white children and serving at-risk children such as WIC, cations Act, Southwestern Bell has low-income children are at eight times Early Head Start, and the Maternal merged with PacTel into SBC Corpora- higher risk than children from well-to- and Child Health Block Grant pro- tion, Bell Atlantic has merged into do families. grams. Finally, the bill ties incentives NYNEX, and AT&T has acquired IBM’s Minorities and low-income children for screening to additional federal Global Network, just to name a few. are disproportionately affected by lead funding for cleaning up lead-contami- Just last week it was reported that poisoning because they frequently live nated houses. U.S. West reached an agreement to in older housing which contains Mr. President, we propose this legis- merge with the telecommunications cracked or chipped lead paint, where lation in an effort to rid children of the company Global Crossing. children primarily contract lead poi- detrimental effects of lead poisoning. The U.S. Justice Department didn’t soning by ingesting paint chips or lead Every child has a right to screening spend years dividing up Ma Bell just to dust. and follow-up care. This bill will sig- see it grow back together again under If undetected, lead poisoning can nificantly increase the number of the guise of the 1996 Telecommuni- cause brain and nervous system dam- poisoned children who are screened and cations Act. age, behavior and learning problems treated and help communities, parents, I am very concerned that the con- and possibly death. and physicians to take advantage of centration of ownership in the tele- Research shows that children with every opportunity that they have to communications industry is proceeding elevated blood-lead levels are seven detect and treat lead poisoning before faster than the growth of competition. times more likely to drop out of high its irreversible effects set in. Old monopolies are simply regrouping school and six times more likely to I ask by unanimous consent that the and getting bigger and bigger. have reading disabilities. It costs an text of this bill be printed in the Before all the pieces of Ma Bell are average of $10,000 more a year to edu- RECORD. put together again, Congress should re- cate a lead-poisoned child. We will con- There being no objection, the bill was visit the Telecommunications Act. To tinue to pay for our failure to eradicate ordered to be printed in the RECORD, as ensure competition between Bell Oper- this preventable tragedy through costs follows: ating Companies and long distance and to our education and health care sys- The bill was not available for print- other companies, as contemplated by tem, and losses in lifetime earnings, ing. It will appear in a future issue of passage of this law, we need clearer unless we act now to protect our chil- the RECORD. guidelines and better incentives. Spe- dren. cifically, we should ensure that Bell As I mentioned, this disease is en- By Mr. LEAHY: Operating Companies do not gain more tirely preventable, making its preva- S 1121. A bill to amend the Clayton concentrated control over huge per- lence among children all the more frus- Act to enhance the authority of the At- centages of the telephone access lines trating. We do have solutions—parents torney General to prevent certain of this country through mergers, but who are aware, housing that is safe, mergers and acquisitions that would only through robust competition. and effective screening and treatment unreasonably limit competition; to the Today I am reintroducing antitrust for children who are at risk—to name a Committee on the Judiciary. legislation that will bar future mergers few. ANTITRUST IMPROVEMENTS ACT OF 1999 between Bell Operating Companies or Unfortunately, our current system is Mr. LEAHY. Mr. President, we are GTE, unless the federal requirements not adequately protecting our children. living in a time of mega-mergers, and for opening the local loop to competi- In January 1999, the General Account- they are coming from all directions. tion have been satisfied in at least half ing Office reported that children in fed- Chrysler and Daimler-Benz automobile of the access lines in each State. erally funded health care programs companies finalized their merger last The bill provides that a ‘‘large local such as Medicaid, Women Infant and year. In the computer world, AOL com- telephone company’’ may not merge Child (WIC) and the Health Centers pleted its purchase of Netscape just a with another large local telephone program, are five times more likely to few months ago. And in the largest cor- company unless the Attorney General have elevated blood lead levels. The re- porate merger ever, Exxon Corporation finds that the merger will promote port also found that despite long- announced its plan to acquire Mobil at competition for telephone exchange standing federal requirements, two- a price tag of over $75 billion, thus cre- services and exchange access services. thirds of the children in these pro- ating the world’s biggest private oil Also, before a merger can take place, grams—more than 400,000—have never company, Exxon Mobil Corporation. the Federal Communications Commis- been screen and, consequently, remain While these mega-mergers have cut a sion must find that each large local untreated. swath across a number of industries, telephone company has for at least Early detection of lead poisoning is the consolidations that continue to one-half of the access lines in each critical to ensure that a child is re- raise the most questions in my mind State served by such carrier, of which moved from the source of exposure and are those that involve incumbent mo- as least one-half are residential access to determine whether other children, nopolies. For example, the mergers lines, fully implemented the require- such as siblings or friends, have also among Regional Bell Operating Compa- ments of sections 251 and 252 of the been exposed. Screening is also impor- nies, which continue to have a virtual Communications Act of 1934. tant to determine whether a child’s stranglehold on the local telephone The bill requires that each large lead poisoning is so severe as to require loop, pose a great threat to healthy local telephone company that wishes to medical management to mitigate the competition in the telecommuni- merge with another must file an appli- long-term health and developmental ef- cations industry. cation with the Attorney General and fects of lead. Indeed, incumbent telephone compa- the FCC. A review of these applications Mr. President, our comprehensive nies still control more than 99% of the will be subject to the same time limits legislation is designed to make sure no local residential telephone markets. set under the Hart-Scott-Rodino Anti- child falls through the cracks, by es- As I said last Congress, and it is still trust Improvements Act of 1976. tablishing clear and consistent stand- the case today, at my farm in Mid- The bill also provides that nothing in ards for screening and treatment and dlesex and at my home here in Vir- this Act shall be construed to modify, by holding accountable those who are ginia, I have only one choice for dial- impair, or supersede the applicability responsible for carrying out the re- tone and local telephone service. That of the antitrust laws of the United quirements. The legislation supports ‘‘choice’’ is the Bell operating company States, or any authority of the Federal improved management information or no service at all. Communications Commission, or any May 25, 1999 CONGRESSIONAL RECORD — SENATE S5963 authority of the States with respect to or acquisition with both the Attorney Gen- ports have caused illnesses rarely seen mergers and acquisitions of large local eral and the Federal Communication Com- in the United States and can be ex- telephone companies. mission on the same day. tremely difficult, if not impossible, for ‘‘(2) The Attorney General and the Federal The bill is effective on enactment consumers to detect. Communication Commission shall issue a de- I first became interested in this issue and has no retroactive effect. It is en- cision regarding the application within the forceable by the Attorney General in time period applicable to review of mergers when I learned that fruit from Mexico federal district courts. under section 7A. and Guatemala was associated with This bill has the potential to make ‘‘(e)(1) The district courts of the United three multi-state outbreaks of the 1996 Telecommunications Act fi- States are vested with jurisdiction to pre- foodborne illesses—one of hepatitis A nally live up to some of its promises. vent and restrain any mergers or acquisi- and two of Cyclospora infection—that Mr. President, I ask unanimous con- tions described in subsection (d) that are in- sickened thousands of Americans. consistent with a finding under paragraph (1) These outbreaks included victims in sent that the text of the bill be printed or (2) of subsection (b). in the RECORD. my home State of Maine. ‘‘(2) The Attorney General may institute In my State’s grocery stores, as in There being no objection, the bill was proceedings in any district court of the any typical American grocery store, ordered to be printed in the RECORD, as United States in the district in which the de- follows: fendant resides or is found or has an agent the fresh fruit and vegetables that are and that court shall order such injunctive, available during the winter months S. 1121 and other relief, as may be appropriate if— come from many other countries. In Be it enacted by the Senate and House of Rep- ‘‘(A) the Attorney General makes a finding many ways, imported food is a blessing resentatives of the United States of America in that a proposed merger or acquisition cov- for American consumers. Fruit and Congress assembled, ered by an application under subsection (d) vegetables that would normally be un- SECTION 1. SHORT TITLE. does not meet the condition specified in sub- available in our local grocery stores This Act may be cited as the ‘‘Antitrust section (b)(1); or Improvements Act of 1999’’. ‘‘(B) The Federal Communications Com- during the winter months are now available all year long, making it easi- SEC. 2. PURPOSE mission makes a finding that 1 or more of er and more enjoyable to eat the five The purpose of this Act is to enhance the the parties to the proposed merger or acqui- authority of the Attorney General to prevent sition do not meet the requirements speci- servings of fruit and vegetables a day certain mergers and acquisitions that would fied in subsection (b)(2).’’. the National Cancer Institute rec- unreasonably limit competition in the tele- SEC. 4 PRESERVATION OF EXISTING AUTHORI- ommends. But, it’s only a blessing if communications industry in any case in TIES. the food is safe. Even one serving of which certain Federal requirements that (1) IN GENERAL.—Nothing in this Act or the tainted food can cause sickness and would enhance competition are not met. amendment made by section 3(2) shall be construed to modify, impair, or supersede even death. SEC. 3. RESTRAINT OF TRADE. the applicability of the antitrust laws, or The Food and Drug Administration The Clayton Act (15 U.S.C. 12 et seq.) is any authority of the Federal Communication (FDA) reports that the increasing im- amended— Commission under the Communication Act portation of produce is a trend that is (1) by redesignating section 27 (as des- of 1934 (47 U.S.C. 151 et. seq.), with respect to expected to continue. In 1996, the U.S. ignated by section 2 of Public Law 96–493) as mergers, acquisitions, and affiliations of imported $7.2 billion worth of fruit and section 29; and large local exchange carriers. vegetables from at least 90 different (2) by inserting after section 27 (as added (b) ANTITRUST LAWS DEFINED.—In this sec- by the Curt Flood Act of 1998 (Public Law countries, a dramatic increase from the tion, the term ‘‘antitrust laws’’ has the 1990 level of $4.8 billion. Total food im- 105–297)) the following new section: meaning given that term in the first section ‘‘SEC. 28. (a) In this section, the term ‘large of the Clayton Act (15 U.S.C. 12). ports have increased from 1.1 million local telephone company’ means a local tele- SEC 5. APPLICABILITY shipments in 1992 to 2.7 million in 1997. phone company that, as of the date of a pro- This Act and the amendment made by sec- And, of all the fish and shellfish con- posed merger or acquisition covered by this tion 3(2) shall apply to a merger or acquisi- sumed in the U.S., more than half is section, serves more than 5 percent of the tion of a controlling interest of a large local imported. telephone access lines in the United States. telephone company (as that term is defined Yet, the FDA annually inspects less ‘‘(b) Notwithstanding any other provision in section 27 of the Clayton Act, as added by than 2 percent of the 2.7 million ship- of law, a large local telephone company, in- such section 3(2)), occurring on or after the ments of food that arrive in the U.S. cluding any affiliate of such a company, date of the enactment of this Act. shall not merge with or acquire a controlling And of the small number of shipments that are inspected, only about a third interest in another large local telephone By Ms. COLLINS (for herself, Mr. company unless— are tested for some of the most signifi- FRIST, Mr. ABRAHAM, Ms. ‘‘(1) the Attorney General finds that the cant pathogens. What’s more, even SNOWE, Mr. JEFFORDS, and Mr. proposed merger or acquisition will promote when the FDA does catch contami- competition for telephone exchange services COVERDELL): nated food, the system often fails to S. 1123. A bill to amend the Federal and exchange access services; and dispose of it adequately. Indeed, ac- Food, Drug, and Cosmetic Act to im- ‘‘(2) The Federal Communication Commis- cording to one survey conducted by the sion finds that each large local telephone prove the safety of imported food, and Customs Service in 1997, as many as 70 company that is a party to the proposed for other purposes; to the Committee percent of the imported food shipments merger or acquisition, with respect to at on Agriculture, Nutrition, and For- 1 the FDA ordered re-exported or de- least ⁄2 of the access lines in each State estry. served by that company, of which at least 1⁄2 stroyed may have ended up in U.S. are residential access lines, has fully imple- IMPORTED FOOD SAFETY IMPROVEMENT ACT commerce any way. Unscrupulous food mented the requirements of sections 251 and ∑ Ms. COLLINS. Mr. President, food importers can easily circumvent the 252 of the Communications Act of 1934 (47 safety is a serious and growing public inspection system. U.S.C. 251, 252), including the regulations of health concern. According to the Gen- Mr. President, to respond to these the Commission and of the States that im- eral Accounting Office (GAO), as many problems, I am introducing the Im- plemented those requirements. as 81 million cases of foodborne illness ported Food Safety Improvement Act, ‘‘(c) Not later than 10 days after the Attor- and 9,000 related deaths occur in the ney General makes a finding described in with Senator FRIST, Senator ABRAHAM, subsection (b)(1), the Attorney General shall U.S. every year. Most at risk are the Senator COVERDELL, Senator JEFFORDS, submit to the Committee on the Judiciary of very old, the very young, and the very and Senator SNOWE as original cospon- the Senate and the Committee on the Judici- ill. While these statistics refer to all sors. ary of the House of Representatives a report cases of foodborne illness, recent out- Our legislation is an effort designed on the finding, including an analysis of the breaks demonstrate that tainted im- to strengthen the existing food import effect of the merger or acquisition on com- ported foods have increased the inci- system to help ensure that unsafe food petition in the United States telecommuni- dence of illness and have exposed does not enter the United States. Our cations industry. American consumers to new pathogens. goal is to reduce the incidence of ‘‘(d)(1) Each large local telephone company The volume of imported foods con- or affiliate of a large local telephone com- foodborne illnesses and to ensure that pany proposing the merge with or acquire a tinues to grow, yet our current food American families can enjoy a variety controlling interest in another large local import system is riddled with holes of foods year-round without the risk of telephone company shall file an application which allow unsafe food to penetrate illness when they sit down to the din- under this section with respect to the merger our borders. Contaminated food im- ner table. S5964 CONGRESSIONAL RECORD — SENATE May 25, 1999 This legislation is the product of an and illustrates the challenges facing Weak import controls make our sys- extensive investigation by the Perma- federal regulators who are charged tem all too easy to circumvent. After nent Subcommittee on Investigations, with ensuring the safety of our na- all, FDA only physically inspects about which I chair. During the 105th Con- tion’s food supply. 17 of every 1,000 food shipments and, of gress, the Subcommittee undertook a In 1996, federal inspectors along our the food inspected, only about a third 16-month, in-depth investigation into border with Mexico opened a shipment is actually tested. That is why we have the safety of food imports. During five of seafood destined for sales to res- worked with the FDA, the Customs days of Subcommittee hearings, we taurants in Los Angeles. The shipment Service, and the Centers for Disease heard testimony from 29 witnesses, in- was dangerously tainted with life- Control (CDC) to ensure that our legis- cluding scientists, industry and con- threatening contaminants, including lation addresses many of the issues ex- sumer representatives, government of- botulism, Salmonella, and just plain plored over the course of the Sub- ficials, the General Accounting Office, filth. Much to the surprise of the in- committee’s investigation and hear- and two persons with first-hand knowl- spectors, this shipment of frozen fish ings. Let me describe what this bill is edge of the seamier side of the im- had been inspected before by federal designed to accomplish. ported food industry, a convicted Cus- authorities. Alarmingly, in fact, it had Our legislation will fill the existing toms broker and a convicted former arrived at our border two years before, gaps in the food import system and FDA inspector. As a result of the com- and had been rejected by the FDA as provide the FDA with certain stronger pelling testimony that we heard, I have unfit for consumption. Its importers authority to protect American con- worked with my colleagues in drafting then held this rotten shipment for two sumers against tainted food imports. the legislation we introduce today—the years before attempting to bring it First and foremost, this bill gives the Imported Food Safety Improvement into the country again, by a different FDA the authority to stop such food Act—to address a broad array of prob- route. from entering our country. This au- lems uncovered during the Subcommit- The inspectors only narrowly pre- thority allows the FDA to deny the tee’s investigation. vented this poisoned fish from reaching entry of imported food that has caused My Subcommittee’s investigation American plates. And what happened repeated outbreaks of foodborne ill- has revealed much about the food we to the importer who tried to sell this nesses, presents a reasonable prob- import into this country and the gov- deadly food to American consumers? In ability of causing serious adverse ernment’s flawed food safety net. Let effect, nothing. He was placed on pro- health consequences, and is likely me briefly recount some of our findings bation and asked to perform 50 hours of without systemic changes to cause dis- which make it clear why this legisla- community service. ease again. tion is so urgently needed: I suppose we should be thankful that Second, this legislation includes the In the worlds of the GAO, ‘‘federal ef- the perpetrators were caught and held authority for the FDA to require se- forts to ensure the safety of imported responsible. After all, the unsafe food cure storage of shipments offered by re- food are inconsistent and unreliable.’’ might have escaped detection and peat offenders prior to their release Federal agencies have not effectively reached our tables. But it worries me into commerce, to prohibit the prac- targeted their resources on imported that the importer essentially received tice of ‘‘port-shopping,’’ and to mark foods posing the greatest risks; a slap on the wrist. I believe that for- boxes containing violative foods as Weaknesses in FDA import controls, feiting the small amount of money cur- ‘‘U.S.—Refused Entry.’’ This latter au- specifically the ability of importers to rently required for the Custom’s bond, thority, which would allow the FDA to control the food shipments from the which importers now consider no more clearly mark boxes containing con- port to the point of distribution, makes than a ‘‘cost of doing business,’’ does taminated foods, is currently used with the system vulnerable to fraud and de- little to deter unscrupulous importers success by the U.S. Department of Ag- ception; from trying to slip tainted fish that is riculture, and has been requested spe- The bonds required to be posted by two years old past overworked Customs cifically by the FDA. Our bill also will importers who violate food safety laws agents. require the destruction of certain im- are so low that they are considered by All too often, unscrupulous importers ported foods that cannot be adequately some unscrupulous importers at the are never discovered. The General Ac- reconditioned to ensure safety. Third, cost of doing business; counting Office testified about a spe- the legislation directs the FDA to de- Maintaining the food safety net for cial operation known as Operation Bad velop criteria for use by private labora- imported food is an increasingly com- Apple, conducted by Customs at the tories used to collect and analyze sam- plex task, made more complicated by Port of San Francisco in 1997, identi- ples of food offered for import. This previously unknown foodborne patho- fied 23 weaknesses in the controls over will ensure the integrity of the testing gens, like Cyclospora, that are difficult FDA-regulated imported food. For ex- process. to detect; ample, under current law, importers re- Fourth, the bill will give ‘‘teeth’’ to Because some imported food can be tain custody of their shipments from the current food import system by es- contaminated by organisms that can- the time they arrive at the border. The tablishing two strong deterrents—the not be detected by visual inspection or importers must also put up a bond and threats of high bonds and of debar- laboratory tests, placing additional agree to ‘‘redeliver’’ the shipment to ment—for unscrupulous importers who federal inspectors at ports-of-entry Customs, for reexport or destruction, if repeatedly violate U.S. law. No longer alone will not protect Americans from ordered to do so or forfeit the bond. will the industry’s ‘‘bad actors’’ be able unsafe food imports; and However, Operation Bad Apple revealed to profit from endangering the health Since contamination of imported a very disturbing fact. Of the ship- of American consumers. food can occur at many different places ments found to violate U.S. standards, Finally, our bill will authorize the from the farm to the table, the ability thereby requiring redelivery to Cus- CDC to award grants to state and local to trace-back outbreaks of foodborne toms for destruction or re-export, a full public health agencies to strengthen illnesses to the source of contamina- 40 percent were never returned. The the public health infrastructure by up- tion is a complex process that requires Customs Service believes an additional dating essential items such as labora- a more coordinated effort among the 30 percent of shipments that the FDA tory and electronic-reporting equip- federal, state, and local agencies as required to be returned contained good ment. Grants will also be available for well as improved education for health products that the importers had sub- universities to develop new and im- care providers so that they can better stituted for the original bad products. proved tests to detect pathogens and recognize and treat foodborne illnesses. Customs further believes that the vio- for professional schools and profes- The testimony that I heard during lative products were on their way to sional societies to develop programs to my Subcommittee’s hearings was trou- the marketplace. This means that a increase the awareness of foodborne ill- bling. The United States Customs Serv- total of 70 percent of products ordered ness among healthcare providers and ice told us of one particularly egre- returned, because they were unsafe, the public. gious situation that I would like to presumably entered into U.S. com- We believe the measures provided for share. It involves contaminated fish merce. in this legislation will help to curtail May 25, 1999 CONGRESSIONAL RECORD — SENATE S5965 the risks that unsafe food imports cur- A 1920 graduate of the U.S. Naval assistance and report. En route to the rently pose to our citizens, particularly Academy, Charles Butler McVay III scene the pilot overflew the destroyer our elderly, our children and our sick. was a career naval officer with an ex- U.S.S. Cecil Doyle ( DD–368), and alerted I appreciate the advice and input we emplary record, including participa- her captain to the emergency. The cap- have received from scientists, industry tion in the landings in North Africa tain of the Doyle, on his own authority, and consumer groups, and the FDA, the and award of the Silver Star for cour- decided to divert to the scene. CDC and the U.S. Customs Service in age under fire earned during the Arriving hours ahead of the Doyle, drafting this legislation. Soloman Islands campaign. Before tak- the seaplane’s crew began dropping We are truly fortunate that the ing command of the Indianapolis in No- rubber rafts and supplies. While doing American food supply is one of the vember 1944, Captain McVay was chair- so, they observed men being attacked safest in the world. But, our system for man of the Joint Intelligence Com- by sharks. Disregarding standing or- safeguarding our people from tainted mittee of the Combined Chiefs of Staff ders not to land at sea, the plane land- food imports is flawed and poses need- in Washington, the Allies’ highest in- ed and began taxiing to pick up the less risks of serious foodborne illnesses. telligence unit. stragglers and lone swimmers who were I believe it is the responsibility of Con- Captain McVay led the ship through at greatest risk of shark attack. gress to provide our federal agencies the invasion of Iwo Jima, then the As darkness fell, the crew of the sea- with the direction, authority, and re- bombardment of Okinawa in the spring plane waited for help to arrive, all the sources necessary to keep unsafe food of 1945 during which Indianapolis’ anti- while continuing to seek out and pull out of the United States and off Amer- aircraft guns shot down seven enemy nearly dead men from the water. When ican dinner tables.∑ planes before the ship was severely the plane’s fuselage was full, survivors damaged. McVay returned the ship were tied to the wing with parachute By Mr. SMITH of New Hampshire safely to Mare Island in California for cord. The plane’s crew rescued 56 men (for himself, Mr. FRIST, Mr. repairs. that day. BOND, Ms. LANDRIEU, Mr. ROBB, In 1945, the Indianapolis delivered the The Cecil Doyle was the first vessel on Mr. HAGEL, Mr. BREAUX, Mr. world’s first operational atomic bomb the scene, and began taking survivors TORRICELLI, Mr. HELMS, Mr. to the island of Tinian, which would aboard. Disregarding the safety of his INHOFE, Mr. DURBIN, and Mr. later be dropped on Hiroshima by the own vessel, the Doyle’s captain pointed EDWARDS). Enola Gay on August 6. After delivering his largest searchlight into the night S.J. Res. S. 25. A joint resolution ex- its fateful cargo, the Indianapolis then sky to serve as a beacon for other res- pressing the sense of Congress with re- reported to the naval station at Guam cue vessels. This beacon was the first spect to the court-marital conviction for further orders. She was ordered to indication to the survivors that their of the late Rear Admiral Charles But- join the battleship U.S.S. Idaho in the prayers had been answered. Help had at ler McVay III, and calling upon the Philippines to prepare for the invasion last arrived. President to award a Presidential Unit of Japan. Of the 900 who made it into the water Citation to the final crew of the U.S.S. It was at Guam that the series of only 317 remained alive. After almost Indianapolis; to the Committee on events ultimately leading to the sink- five days of constant shark attacks, Armed Services. ing of the Indianapolis began to unfold. starvation, terrible thirst, and suf- Mr. SMITH of New Hampshire. Mr. Hostilities in this part of the Pacific fering from exposure and their wounds, President, I rise today to share with had long since ceased. The Japanese the men of the Indianapolis were at last my colleagues a brief story from the surface fleet was no longer considered a rescued from the sea. closing days of World War II, the war likely threat, and attention instead Curiously, the Navy withheld the in the Pacific. had turned 1,000 miles to the north news of the sunken ship from the It is a harrowing story, with many where preparations were underway for American people for two weeks, until elements. Bad timing, bad weather. the invasion of the Japanese mainland. the day the Japanese surrendered on Heroism and fortitude. Negligence and These conditions led to a relaxed state August 15, 1945, thus insuring minimum shame. Bad luck. Above all, it is the of alert on the part of those who de- press coverage for the story of the Indi- story of some very special men whose cided to send the Indianapolis across anapolis’ loss. will to survive shines like a beacon the Philippine Sea unescorted, and con- Also suspicious, conceding that they decades later. sequently, Captain McVay’s orders to were ‘‘starting the proceedings without I should point out that it is because ‘‘zigzag at his discretion.’’ Zigzagging having available all the necessary of the efforts of a 13 year old boy in is a naval maneuver used to avoid tor- data,’’ less than two weeks after the Florida that I introduce this bill today. pedo attack, generally considered most sinking of the Indianapolis, before the Hunter Scott, working for nearly two effective once the torpedoes have been sinking of the ship had even been an- years on what started as a history launched. nounced to the public, the Navy opened project, compiled a mountain of clip- The Indianapolis, unescorted, de- an official board of inquiry to inves- pings, letters, and interviews that ulti- parted Guam for the Philippines on tigate Captain McVay and his actions. mately led Congressman JOE SCAR- July 28. Just after midnight on 30 July The board recommended a general BOROUGH to introduce this bill in the 1945, midway between Guam and the court-martial for McVay. House, and for me to do so in the Sen- Leyte Gulf, she was hit by two tor- Admiral Nimitz, Commander in Chief ate. Hunter, on behalf of the survivors pedoes fired by the ‘‘I–58,’’ a Japanese of Pacific Command, did not agree—he of the U.S.S. Indianapolis, the family of submarine. The first blew away the wrote the Navy’s Judge Advocate Gen- Captain McVay, and your country, I bow, the second struck near mid-ship eral that at worst McVay was guilty of thank you for your courageous efforts. on the starboard side adjacent to a fuel an error in judgment, but not gross Mr. President, we have the oppor- tank and a powder magazine. The re- negligence worthy of court-martial. tunity to redeem the reputation of a sulting explosion split the ship in two. Nimitz recommended a letter of rep- wronged man, and salute the indomi- Of the 1,196 men aboard, about 900 es- rimand. table will of a courageous crew. I had caped the sinking ship and made it into Overriding both Nimitz and Admiral the distinct honor and priviledge of the water in the twelve minutes before Raymond Spruance who commanded hosting two distinguished members of she sank. Few life rafts were released. the Fifth Fleet, Secretary of the Navy that courageous crew just this morn- Shark attacks began at sunrise on the James Forrestal and Admiral Ernest ing; Richard Paroubek, of Williams- first day, and continued until the men King, Chief of Naval Operations, di- burg, VA, who was a Yeoman 1st Class, were physically removed from the rected that court-martial proceedings and Woodie James of Salt Lake City, water, almost five days later. against Captain McVay proceed. UT, who was a Coxswain. The bill I in- Shortly after 11:00 A.M. of the fourth Captain McVay was notified of the troduce today will honor these two day, the survivors were accidentally pending court-martial, but not told men, and their fellow shipmates of the discovered by an American bomber on what specific charges would be brought U.S.S. Indianapolis, and redeem their routine antisubmarine patrol. A patrol- against him. The reason was simple. Captain, Charles McVay. ling seaplane was dispatched to lend The Navy had not yet decided what to S5966 CONGRESSIONAL RECORD — SENATE May 25, 1999 charge him with. Four days before the the Indianapolis departed for Leyte, the that just after midnight the clouds trial began they did decide on two destroyer escort U.S.S. Underhill had cleared long enough to see and fire charges: the first, failing to issue or- been sunk by a Japanese submarine upon the Indianapolis. He also implied ders to abandon ship in a timely fash- within range of the Indianapolis’ path, in pretrial statements that zigzagging ion; and the second, hazarding his ves- McVay was not told. would not have saved the Indianapolis sel by failing to zigzag during good vis- Although a code-breaking system because of his clear view, but this point ibility. called ULTRA had alerted naval intel- was not raised by McVay’s defense dur- It’s difficult to understand why the ligence that a Japanese submarine (the ing the trial itself. Navy brought the first charge against I–58, which ultimately sank the Indian- Another witness in the trial, veteran McVay. Explosions from the torpedo apolis) was operating in his path, Navy submariner Glynn Donaho, a attacks had knocked out the ship’s McVay was not told. Classified as top four-time Navy Cross winner was asked communications system, making it im- secret until the early 1990s, this intel- by McVay’s defense counsel whether possible to give an abandon ship order ligence—and the fact it was withheld ‘‘it would have been more or less dif- to the crew except by word of mouth, from McVay before he sailed from ficult for you to attain the proper fir- which McVay had done. He was ulti- Guam—was suppressed during his ing position’’ if the Indianapolis had mately found not guilty on this count. court-martial. been zigzagging under the conditions That left the second charge of failing Although the routing officer at Guam which existed that night. His answer to zigzag. Perhaps the most egregious was aware of the ULTRA intelligence was, ‘‘No, not as long as I could see the aspect however, was in the phrasing of report, he said a destroyer escort for target.’’ This testimony was either de- the charge itself. The phrase was ‘‘dur- the Indianapolis was ‘‘not necessary’’ liberately ignored by, or passed over ing good visibility.’’ According to all and, unbelievably, testified at McVay’s the heads of, the court-martial board, accounts of the survivors, including court-martial that the risk of sub- and it was not pursued further by written accounts only recently declas- marine attack along the Indianapolis’ McVay’s defense. sified and not made available to route ‘‘was very slight’’. Many of the survivors of the Indian- McVay’s defense at the trial, the visi- Although McVay was told of ‘‘sub- apolis believe that a decision to convict bility that night was severely limited marine sightings’’ along his path, he McVay was made before his court-mar- with heavy cloud cover. This is perti- was told none had been confirmed. tial began. They are convinced McVay nent for two reasons. First, no Navy di- Such sightings were commonplace was made a scapegoat to hide the mis- rectives in force at that time or since throughout the war and were generally takes of others. McVay was court- recommended, much less ordered, zig- ignored by Navy commanders unless martialed and convicted of ‘‘hazarding zagging at night in poor visibility. Sec- confirmed. Thus, the Indianapolis set his ship by failing to zigzag’’ despite ondly, as Admiral Nimitz pointed out, sail for Leyte on July 26, 1945, sent into overwhelming evidence that the Navy the rule requiring zigzagging would not harm’s way with its captain unaware of itself had placed the ship in harm’s have applied in any event, since dangers which shore-based naval per- way, despite testimony from the Japa- McVay’s orders gave him discretion on sonnel know were in his path. nese submarine commander that zig- that matter and thus took precedence The U.S.S. Indianapolis was not zagging would have made no difference, over all other orders. Thus, when he equipped with submarine detection despite the fact that although 700 Navy stopped zigzagging, he was simply exer- equipment, and therefore Captain ships were lost in combat in World War cising his command authority in ac- McVay requested a destroyer escort. II McVay was the only captain to be cordance with Navy directives. Unbe- Although no capital ship without sub- court-martialed, and despite the fact lievably, this point was never made by marine detection devices had sailed be- the Navy did not notice when the Indi- McVay’s defense counsel during the tween Guam and the Philippines with- anapolis failed to arrive on schedule, subsequent court-martial. out a destroyer escort throughout all thus costing hundreds of lives unneces- Captain McVay was ultimately found of World War II, McVay’s request for sarily and creating the greatest sea guilty on the charge of failing to zig- such an escort was denied. disaster in the history of the United zag, and was discharged from the Navy The Navy failed to notice when the States Navy. with a ruined career. In 1946, at the ship did not show up in port in the The resolution I am introducing cor- specific request of Admiral Nimitz who Philippines. U.S. authorities inter- rects a 54 year old injustice, restores had become Chief of Naval Operations, cepted a message from the I–58 to its the honorable name of a decorated Secretary Forrestal, in a partial admis- headquarters in Japan informing them Navy combat veteran, and honors the sion of injustice, remitted McVay’s that it had sunk the U.S.S. Indianap- wishes of his loyal and faithful crew. It sentence and restored him to duty. olis. This message was ignored and the will also honor the crew of the Indian- But, Captain McVay’s court-martial, Navy did not initiate a search. The In- apolis for their courage in surviving and personal culpability for the sink- dianapolis transmitted three distress this awful tragedy. ing of the Indianapolis continued to calls before it sank, and one was re- I urge my colleagues to support this stain his Navy records. The stigma of ceived at the naval base in the Phil- resolution and I am proud to offer it on his conviction remained with him al- ippines. Again, no search was initiated behalf of Captain McVay and the won- ways, and he ultimately took his own and no effort was made to locate any derful and honorable men of the U.S.S. life in 1968. To this day Captain McVay survivors. It was not until four days Indianapolis, two of whom are sitting is recorded in history as negligent in after the ship had sunk, when a bomber with us in the gallery today, Mr. Presi- the deaths of 870 sailors. inadvertently spotted sailors being dent. We need to restore the reputation of eaten by sharks in the water below, Mr. DURBIN. Will the Senator yield this honorable officer. In the decades that a search party was dispatched. for a question? since World War II, the crew of the In- Although 700 navy ships were lost in Mr. SMITH of New Hampshire. I will dianapolis has worked tirelessly in de- combat in World War II, McVay was certainly yield to the Senator from Il- fending their Captain, and trying to en- the only captain to be court-martialed linois. sure that his memory is properly hon- as the result of a sunken ship. Mr. DURBIN. I would like to first ored. It is at the specific request of the Captain McVay was denied both his commend the Senator from New Hamp- survivors of the U.S.S. Indianapolis that first choice of defense counsel and a shire. I was visited in my office by a I introduce this resolution. delay to develop his defense. His coun- gentleman named Michael Kuryla, Jr., Since McVay’s court-martial, a num- sel, a line officer with no trial experi- of Poplar Grove, IL, one of the sur- ber of factors, including once classified ence, had only four days to prepare his vivors of the U.S.S. Indianapolis. He re- documents not made available to case. counted to me in detail what happened McVay’s defense, have surfaced raising Incredibly, the Navy brought when that ship went down. As he significant questions about the justice Mochitura Hashimoto, the commander talked about being in the ocean for of the conviction. of the Japanese I–58 submarine that days, not knowing whether they would Although naval authorities at Guam sunk the Indianapolis to testify at the be rescued, watching his shipmates knew that on July 24, four days before court-martial. Hashimoto testified who were literally dying around him May 25, 1999 CONGRESSIONAL RECORD — SENATE S5967 and being devoured by sharks, won- HA1. BENNETT, Ernest F., B3. BENNETT, DEFOOR, Walton, RDM3. DEMARS, Edgar dering if they would ever be rescued, Toney W., ST3. BENNING, Harry, S1. BEN- J., CBMA. DEMENT, Dayle P., S1. DENNY, tears came to his eyes. More than 50 TON, Clarence U., CFCP*. BERNACIL, Con- Lloyd, Jr., S2. DEWING, Ralph O., FC3*. cepcion P. FC3*. BERRY, Joseph, Jr., STM1. DIMOND, John N., S2. DIZELSKE, William years after, tears came to his eyes. He BERRY, William H., ST3. BEUKEMA, Ken- B., MM2*. DOLLINS, Paul, RM2. DONALD, said it wasn’t fair, what they did to neth J., S2. BEUSCHLEIN, Joseph C., S2. Lyle H., EM1. DONEY, William Junior, F2. Captain McVay; to court-martial him BIDDISON, Charles L., S1. DONNER, Clarence W., RT3*. DORMAN, Wil- was wrong. He asked me for my help, if BILLINGS, Robert B., ENS. liam B., S1. DORNETTO, Frank P, WT1. I would join the Senator from New BILLINOSLEY, Robert F., GM3*. BILZ, Rob- DOSS, James M., S2. DOUCETTE, Ronald O., Hampshire on this resolution, and I am ert E., S2. BISHOP, Arthur, Jr., S2. S2. DOUGLAS, Gene D., F2*. DOVE, Bassil happy to do so. BITONTI, Louis P., S1*. BLACKWELL, R., SKD2. DOWDY, Lowell S., CWO. DRANE, Fermon M. SSML3. BLANTHORN, Bryan, James A., GM2. DRAYTON, William H., I think justice cries out that we S1*. BLUM, Donald J., ENS. BOEGE, Ray- EM2*. DRISCOLL, David L., LT. (jg). agree to this resolution; that Captain mond R., S2. BOGAN, Jack R., RM1. DRONET, Joseph E.J., S2*. DRUMMOND, McVay, who was singled out, out of all BOLLINGER, Richard H., S1. BOOTH, Sher- James J., F2. DRURY, Richard E., S2. DRY- the captains of the fleet, to be court- man C., S1*. BORTON, Herheit E., SC2. DEN, William H., MM1*. DUFRAINE, Delbert martialed under these circumstances is BOSS, Norbert G., S2. BOTT, Wilbur M., S2. E., S1. DUNBAR, Jess L., F2. DURAND, just unfair. The men who served under BOWLES, Eldridge W. S1. BOWMAN, Charles Ralph J., Jr., S2. DYCUS, Donald, S2. him, those whose lives were under his E., CTC. BOYD, Troy H., GM3. BRADLEY, EAKINS, Morris B., F2. EAMES, Paul H. Jr., William H., S2. BRAKE, John Jr., S2. ENS. EASTMAN, Chester S., S2. ECK, Harold care and those who survived this worst BRANDT, Russell L., F2*. BRAUN, Neal F., A., S2*. EDDINGER, John W, S1. EDDY, sea disaster in U.S. naval history—they S2. BRAY, Harold J. Jr., S2*. BRICE, R.V., Richard L., RM3. EDWARDS, Alwyn C., F2. have come forward. They have asked us S2. BRIDGE, Wayne A., S2. BRIGHT, Chester EDWARDS, Roland J., BM1. E’GOLF, Harold to make sure that history properly L., S2. BRILEY, Harold V., MAM3. BROOKS, W., S2. ELLIOTT, Kenneth A., S1. ELLIOTT, records the contribution Captain Ulysess R., CWTA. BROPHY, Thomas D’Arcy Harry W., S2. EMERY, William F., S1*. McVay made to his country. Jr., ENS. BROWN, Edward A., WT3. BROWN, EMSLEY, William J., S1. ENGELSMAN, Edward J., S1*. BRUCE, Russell W., S2. Ralph, S2*. EPPERSON, Ewell, S2*. I am happy to join in this resolution. EPPERSON, George L., S1. ERICKSON, I hope other Members of the Senate, BRULE, Maurice J., S2. BRUNDIGE, Robert H., S1*. BRUNEAU, Charles A., GM3. Theodore M., S2*. ERNST, Robert C., F2. hearing this debate and reading this BUCKETT, Victor R., Y2*. BUDISH, David, ERWIN, Louis H., COX*. ETHIER, Eugene E., resolution, will cosponsor it as well S2. BULLARD, John K., S1*. BUNAI, Robert EM3*. EUBANKS, James H., S1. EVANS, Ar- and that we can close the right way P., SM1*. BUNN, Horace G., S2. BURDORF, thur J., PHM2. EVANS, Claudus, GM3*. this chapter in American naval his- Wilbert J., COX*. BURKHARTSMEIER, EVERETT, Charles N., EM2. EVERS, Law- tory. Anton T., S1. BURKHOLTZ, Frank Jr., EM3. rence L., CMMA. EYET, Donald A., S1. FAN- BURLESON, Martin L., S1. BURRS, John TASIA, Frank A., F2. FARBER, Sheldon L., Mr. SMITH of New Hampshire. I S2. FARLEY, James W., S1. FARMER, Ar- thank the Senator from Illinois. W., S1. BURT, William George A., QM3. BUR- TON, Curtis H., S1*. BUSHONG, John R., chie C., Cox*. FARRIS, Eugene F., S1*. FAST I ask unanimous consent that the GM3. CADWALLADER, John J., RT3. CAIN, HORSE, Vincent, S2. FEAKES, Fred A., roster of the final crew of the U.S.S. Alfred B., RT3. CAIRO, William G., BUG1. AOMI*. FEDORSKI, Nicholas W., S1*. Indianapolis be printed in the RECORD. CALL, James E., RM3. CAMERON, John W, FEENEY, Paul R., S2. FELTS, Donald J., There being no objection, the list was GM2. CAMP, Garrison, STM2. CAMPANA, BMI*. FERGUSON, Albert E., CMMA*. FER- ordered to be printed in the RECORD, as Paul, RDM3. CAMPBELL, Hamer E. Jr., GUSON, Russel M., RT3. FIGGINS, Harley follows: GM3*. CAMPBELL, Louis D., AOM3*. CAMP- D., WT2. FIRESTONE, Kenneth F., FC2. BELL, Wayland D., SF3. CANDALINO, Paul FIRMIN, John A. H., S2. FITTING, Johnny THE FINAL CREW OF THE U.S.S. L., LT.(jg). CANTRELL, Billy G., F2. W., GM1*. FLATEN, Harold J., WT2*. ‘‘INDIANAPOLIS’’ (CA–35) CARNELL, Lois W., S2. CARPENTER, Wil- FELISCHAUER, Donald W., S1. FLESHMAN, CREW AND OFFICERS lard A., SM3. CARR, Harry L., S2. CAR- Vern L., S2. FLYNN, James M., Jr., S1. ABBOTT, George S., S1. ACOSTA, Charles ROLL, Gregory K., S1. CARROLL, Rachel FLYNN, Joseph A., CDR. FOELL, Cecil D., M., MM3. ADAMS, Leo H., S1*. ADAMS, Pat W., COX. CARSON, Clifford, F1. ENS. FORTIN, Verlin L., WT3*. FOSTER, L., S2. ADORANTE, Dante W, S2. AKINES, CARSTENSEN, Richard, S2. CARTER, Gro- Verne E., F2*. FOX, William H. Jr., F2*. William R., S2*. ALBRIGHT, Charles E., Jr., ver C., S1*. CARTER, Lindsey L., S2*. FRANCOIS, Norbert E., F1*. FRANK, Ru- Cox. ALLARD, Vincent J., QM3*. ALLEN, CARTER, Lloyd G., COX*. CARVER, Grover dolph A., S2. FRANKLIN, Jack R., RDM3. Paul F., S1. ALLMARAS, Harold D., F2. C., S1*. CASSIDY, John C., S1*. CASTALDO, FREEZE, Howard B., LT. (jg). FRENCH, ALTSCHULER, Allan H., S2*. ALVEY, Ed- Patrick P., GM2. CASTIAUX, Ray V., S2. Douglas O., FC3. FRENCH, Jimmy Junior, ward W., Jr., AerM2. AMICK, Homer I., S2. CASTO, William H., S1. CAVIL, Robert R., QM3. FRITZ, Leonard A., MM3. ANDERSEN, Lawrence J., SK2. ANDERSON, MM2. CAVITT, Clinton C., WT3. CELAYA, FRONTINO, Vincent F., MOMM3. Erick T., S2*. ANDERSON, Leonard O., MM3. Adolfo V., F2*. CENTAZZO, Frank J., SM3*. FRORATH, Donald H., S2. FUCHS, Herman F., CWO. FULLER, Arnold A., F2. FULTON, ANDERSON, Sam G., S2. ANDERSON, Vin- CHAMNESS, John D., S2*. CHANDLER, William C., CRMA. FUNKHOUSER, Rober cent U., BMI. ANDERSON, Richard L., F2. Lloyd N., S2. CHART, Joseph, EM3. CHRIS- M., ART2*. GABRILLO, Juan, S2*. ANDREWS, William R., S2*. ANNIS, James TIAN, Lewis E. Jr., WO. CLARK, Eugene, GAITHER, Forest M., FC2. GALANTE, An- B. Jr., CEMA. ANTHONY, Harold R., PHM3. CK3. CLARK, Orsen N., S2*. CLEMENTS, gelo., S2*. GALBRAITH, Norman S., MM2*. ANTONIE, Charles J., F2. ANUNTI, John M., Harold P., S2. CLINTON, George W., S1*. GARDNER, Roscoe W., F2*. GARDNER, M2*. ARMENTA, Lorenzo, SC2. CLINTON, Leland J., LT. (jg). COBB, Wil- Russel T., F2. GARNER, Glenn R., MM2. ARMISTEAD, John H., S2*. ARNOLD, Carl liam L., MOMM3. COLE, Walter H., CRMA. GAUSE, Robert P., QM1*. GAUSE, Rubin C., L., AMM3. ASHFORD, Chester W., WT2. COLEMAN, Cedric F., LCFR. COLEMAN, Jr., ENS. GEMZA, Rudolph A., FC3*. ASHFORD, John T. Jr., RT3*. ATKINSON, Robert E., F2*. COLLIER, Charles R., RM2*. GEORGE, Gabriel V., MM3*. GERNGROSS, J.P., COX. AULL, Joseph H., S2. AULT, Wil- COLLINS, James, STM1. COLVIN, Frankie Frederick J., Jr., ENS. GETTLEMAN, Rob- liam F., S2*. AYOTT’E, Lester J., S2. L., SSMT2. CONDON, Barna T., RDM1. ert A., S2*. GIBSON, Buck W., GM3*. GIB- BACKUS, Thomas H., LT. (jg). BAKER, Dan- CONNELLY, David F., ENS. CONRAD, SON, Curtis W., S2. GIBSON, Ganola F., iel A., S2. BAKER, Frederick H., S2. BAKER, James P., EM3. CONSER, Donald L., SC2. MM3. GILBERT, Warner, Jr. S1. William M. Jr., EM1. BALDRIDGE, Clovis R. CONSIGLIO, Joseph W., FC2. CONWAY, GILCREASE, James, S2*. GILL, Paul E., EM2*. BALL, Emmet E., S2. BALLARD, Thomas M., Rev., LT. COOK, Floyd E., SF3. WT2. GILMORE, Wilbur A., S2. GISMONDI, Courtney J., SSM3. BARENTHIN, Leonard COOPER, Dale, Jr., F2. COPELAND, Willard Michael V., S1. GLADD, Millard, Jr., MM2*. W. S2. BARKER, Robert C. Jr., RT1. J., S2. COSTNER, Homer J., COX*. COUN- GLAUB, Francis A., GM2. GLENN, Jay R., BARKSDALE, Thomas L., FC3. BARNES, TRYMAN, Robert E., S2. COWEN, Donald R., AMM3*. GLOVKA, Erwin S., S2. GODFREY, Paul C., F2. BARNES, Willard M., MM1. FC3*. COX, Alford E., GM3. COX, Loel Dene, Marlo R., RM3. GOECKEL, Ernest S., LT. BARRA, Raymond J., CGMA. BARRETT, S2*. CRABB, Donald C., RM2. CRANE, Gran- (jg). GOFF, Thomas G., SF3*. GOLDEN, James B., S2. BARRY, Charles., LT. (jg). ville S. Jr., MM2*. CREWS, Hugh C., LT. (jg). Curry., STM1. GOLDEN, James L., S1. BARTO, Lloyd P., S1*. BARTON, George S., CRITES, Orval D., WT1. CROUCH, Edwin M., GONZALES, Ray A., S2. GOOCH, William L., Y3. BATEMAN, Bernard B., F2*. CAPT. (Passenger). CRUM, Charles J., S2. F2*. GOOD, Robert K., MM3. GOODWIN, Oli- BATENHORST, Wilfred J., MM3. BATSON, CRUZ, Jose S., CCKA. CURTIS, Erwin E., ver A., CRTA. GORE, Leonard F., S2. Eugene C., S2. BATTEN, Robert E., S1. CTCP. DAGENBART, Charles R. Jr., PHM2. GORECKI, Joseph W., SK3. GOTTMAN, Paul BATTS, Edward D., STM1. BEANE, James DALE, Elwood R., F1. DANIEL, Harold W., J., S2. A., F2*. BEATY, Donald L., S1*. BECKER, CBMA*. DANIELLO, Anthony G., S1. DAVIS, GOVE, Carroll L., S2. GRAY, Willis L., S1*. Myron M., WT2. BEDDINGTON, Charles E., James C. RM3. DAVIS, Kenneth G., F1. GREATHOUSE, Bud R., S1. GREEN, Robert S1. BEDSTED, Leo A., F1. BEISTER, Rich- DAVIS, Stanley G., LT. (jg). DAVIS, Thomas U., S2. ard J., WT3. BELCHER, James R., S1*. E., SM2. DAY, Richard R. Jr., S2. DEAN, GREEN, Tolbert, Jr., S1*. GREENE, Sam- BELL, Maurice G., S1*. BENNETT, Dean R., John T. Jr., S2. DeBERNARDI, Louie, BMI*. uel G., S1. GREENLEE, Charles I., S2*. S5968 CONGRESSIONAL RECORD — SENATE May 25, 1999 GREER, Bob E., S2. GREGORY, Garland G., S2. JONES, Jim, S2. JONES, Kenneth M., F1 A., COX. LUTZ, Charles H., S1. MAAS, Mel- F1. GREIF, Matthias D., WT3. GRIES, Rich- MoMM. JONES, Sidney, S1*. JONES, Stan- vin A., S1*. MABEE, Kenneth C., F2. MACE, ard C., F2. GRIEST, Frank D., GM3. GRIF- ley F., S2. JORDAN, Henry, STM2. JORDON, Harold A., S2*. MacFARLAND, Keith I., LT FIN, Jackie D., S1. GRIFFITH, Robert S., Thomas H., S2. JOSEY, Clifford O., S2. (jg). MACHADO, Clarence J., WT2. MACK, S1*. GRIFFITHS, Leonard S., S2. GRIGGS, JUMP, David A., ENS. JURGENSMEYER, Donald F., Bugler 1*. MADAY, Anthony F., Donald R., F1. GRIMES, David E., S2. Alfred J., S2. JURKIEWICZ, Raymond S., AMM1*. MADIGAN, Harry F, BM2. GRIMES, James F., S2. GROCE, Floyd V., S1*. JUSTICE, Robert E., S2*. KARPEL, Dan MAGDICS, Steve Jr., F2. MAGRAY, Dwain RDM2. GROCH, John T., MM3. GUENTHER, L., BM1. KARTER, Leo C. Jr., S2. KASTEN, F., S. MAKAROFF, Chester J., GM3*. Morgan E., EM3. GUERRERO, John G., S1. Stanley O., HA1. KAWA, Raymond P., SK3. MAKOWSKI, Robert T., CWTA. GUILLOT, Murphy U., F1. GUYE, Ralph L., KAY, Gust C., S1*. KAZMIERSKI, Walter, MALDONADO, Salvador, BKR3*. MALENA, Jr., QM3. GUYON, Harold L., F1. S1*. KEENEY, Robert A., ENS. KEES, Joseph J. Jr., GM2*. MALONE, Cecil E., S2. HABERMAN, Bernard, S2. HADUCH, John Shalous E., EM2*. KEITH, Everette E., EM2. MALONE, Elvin C., S1. MALONE, Michael L. M., S1. HALE, Robert B., LT. HALE, William KELLY, Albert R., S2. KEMP, David P. Jr., Jr., LT (jg). MALSKI, Joseph J., S1*. F., S2. HALL, Pressie, F1. HALLORAN, Ed- SC3*. KENLY, Oliver W., RdM3*. KENNEDY, MANESS, Charles F., F2. MANKIN, Howard ward G., MM3. HAM, Saul A., S1. HAMBO, Andrew J. Jr., S2. KENNEDY, Robert A., S1. J., GM3. MANN, Clifford E., S1. MANSKER, William P., PHM3. HAMMEN, Robert, KENNY, Francis J.P., S2. LaVoice, S2. MANTZ, Keith H., S1. PHOM3. HAMRICK, James J., S2. HANCOCK, KEPHART, Paul, S1. KERBY, Deo E., S1*. MARCIULAITIS, Charles, S1. MARKMANN, William A., GM3. HANKINSON, Clarence W., KERN, Harry G., S1. KEY, S.T., EM2. Frederick H., WT1. MARPLE, Paul T., ENS. F2. HANSEN, Henry, S2. HANSON, Harley KEYES, Edward H., COX*. KIGHT, Audy C., MARSHALL, John L., WT2. MARSHALL, C., WO.* HARLAND, George A., S2. HARP, S1. KILGORE, Archie C., F2. KILLMAN, Rob- Robert W., S2. MARTIN, Albert, S2. MAR- Charlie H., S1. HARPER, Vasco, STM1. HAR- ert E., GM3. KINARD, Nolan D., S1. TIN, Everett G., S1. MASSIER, George A., KINCAID, Joseph E., FC2. KING, A.C., S1*. RIS, James D., F2. HARRIS, Willard E., F2. S1. MASTRECOLA, Michael M., S2. MATHE- HARRISON, Cecil M., CWO.*. HARRISON, KING, Clarence Jr., STM2. KING, James T., SON, Richard R., PHM3. MATRULLA, John, Frederick E., S2. HARRISON, James M., S1. S1. KING, Richard E., S2. KING, Robert H., S1. MAUNTEL, Paul J., S2. MAXWELL, HART, Fred Jr., RT2*. HARTRICK, Willis B., S2. KINNAMAN, Robert L., S2. KINZLE, Farrell J., S1*. McBRIDE, Ronald G. S1. MM1. HATFIELD, Willie N., S2*. Raymond A., BKR2*. KIRBY, Harry, S1. McBRYDE, Frank E., S2. McCALL, Donald HAUBRICH, Cloud D., S2. HAUSER, Jack I., KIRK, James R., SC3. KIRKLAND, Marvin C., S2*. McCLAIN, Raymond B., BM2*. SK2. HAVENER, Harlan C., F2*. HAVINS, F., S1*. KIRKMAN, Walter W., SF1. McCLARY, Lester E., S2. McCLURE, David Otha A., Y3*. HAYES, Charles D., LCDR. KISELICA, Joseph F., AMM2*. KITTOE, L., EM2. McCOMB, Everett A., F1. McCORD, HAYLES, Fleix, CK3. HAYNES, Lewis L., James W., F2*. KLAPPA, Ralph D., S2*. Edward Franklin Jr., EM3. McCORKLE, Ray MC., LCDR.*. HANYES, Robert A., LT. KLAUS, Joseph F., S1*. KLEIN, Raymond J., HAYNES, William A., S1. HEERDT, S1. KLEIN, Theil J., SK3. KNERNSCHIELD, R., S1. McCORMICK, Earl W., MOMM2. Raymound E., F2. HEGGIE, William A., Andrew N., S1. KNOLL, Paul E., COX. McCOSKEY, Paul F., S1. McCOY, John S., RDM3. HEINZ, Richard A., HA1. HELLER, KNOTT, Elbern L., S1. KNUDTSON, Ray- Jr., M2. McCRORY, Millard V. Jr., WT2*. John, S2*. HELLER, Robert J. Jr., S2. mond A., S1. KNUPKE, Richard R., MM3. McDANIEL, Johnny A., S1. McDONALD, HELSCHER, Ralph J., S1. HELT, Jack E., KOCH, Edward C., EM3*. KOEGLER, Albert, Franklin G. Jr., F2. McDONNER, David P. F2. HENDERSON, Ralph L., S1. HENDRON, S1. KOEGLER, William, 5C3. KOLAKOWSKI, Jr., F1. McDOWELL, Robert E., S1. James R. Jr., F2. HENRY, Earl O., DC, Ceslaus, SM3. KOLLINGER, Robert E., S1. McELROY, Clarence E., S1*. LCDR. HENSCH, Erwin F., LT.*. HENLSEY, KONESNY, John M., S1. KOOPMAN, Walter McFALL, Walter E., S2*. McFEE, Carl S., Clifford, SSMB2. HERBERT, Jack E., BM1. F., F2. KOPPANG, Raymond I., LT (jg). Sd. McGINNIS, Paul W., SM3*. McGINTY, HERNDON, Duane, S2. HERSHBERGER, KOUSKI, Fred, GM3. KOVALICK, George R., John M., S1. McGUIGGAN, Robert M., S1*. Clarence L., S1*. HERSTINE, James F., ENS. S2. KOZIARA, George, S2*. McGUIRE, Denis, S2. McGUIRK, Philip A., HICKEY, Harry T., RM3. HICKS, Clarence, KOZIK, Raymond., S1. KRAWYVZ, Henry LT (jg). McHENRY, Loren C. Jr., S1*. S1. HIEBERT, Lloyd H., GM1. HILL, Clar- J., MM3. KREIS, Clifford E., S1*. KRON, Her- McHONE, Ollie, F1. McKEE, George E. Jr., ence M., CWTP. HILL, Joe W., STM1. HIll, man E. Jr., GM3. KRONENBERGER, Wm. M., S1. McKENNA, Michael J., S1. McKENZIE, Nelson P. Jr., LT. HILL, Richard N., ENS. GM3. KRUEGER, Dale F., F2*. KRUEGER, Ernest E., S1*. McKINNON, Francis M., Y3. HIND, Lyle L., S2*. HINES, Lionel G., WT1. Norman F., S2*. KRUSE, Darwin G., S2. McKISSICK, Charles B., LT (jg)*. McKLIN, HINKEN, John R., Jr., F2*. HOBBS, Melvin KRZYZEWSKI, John M., S2. KUHN, Clair J., Henry T., S1*. McLAIN, Patrick J., S2*. D., S1. HODGE, Howard H., RM2. S1. KULOVITZ, Raymond J., S2. KURLICH, McLEAN, Douglas B., EM3. McNABB, Thom- HODGINS, Lester B., S2. HODSHIRE, John George R., FC3*. KURYLA, Michael N. Jr., as, Jr., F2. McNICKLE, Arthur S., F1. W., S2. HOERES, George J., S2. HOLDEN, COX*. KUSIAK, Alfred M., S2. McQUITTY, Roy E., COX. McVAY, Charles Punciano A., ST1. HOLLINGSWORTH, KWIATKOWSKI, Marion J., S2. LABUDA, Butler, III, CAPT.*. McVAY, Richard C., Y3*. Jimmie L., STM2. HOLLOWAY, Andrew J., Arthur A., QM3. LaFONTAINE, Paul S., S1. MEADE, Sidney H., S1. MEHLBAUM, Ray- S2. HOLLOWAY, Ralph H., COX. LAKATOS, Emil J., MM3. LAKE, Murl C., mond A., S1. MEIER, Harold E., S2. HOODERWERF, John Jr., F1. HOOPES, Gor- S1. LAMB, Robert D., EM3. LAMBERT, MELICHAR, Charles H., EM3. MELVIN, Carl don H., S2*. HOPPER, Prentice W., S1. HOP- Leonard F., S1. LANDON, William W. Jr., L., F1. MENCHEFF, Manual A., S2. MERE- PER, Roy L., AMM1. HORNER, Durward R., FC2. LANE, Ralph, CMMA*. LANTER, DITH, Charles E., S1*. MERGLER, Charles WO.*. HORR, Wesley A., F2. HORRIGAN, Kenley M., S1*. LaPAGLIA, Carlos, GM2*. M., RDM2. MESTAS, Nestor A., WT2*. John G., F1. HORVATH, George J., F1*. HOS- LaPARL, Lawrence E. Jr., S2. METCALF, David W., GM3. MEYER, Charles KINS, William O., Y3*. HOUCK, Richard E., LAPCZYNSKI, Edward W., S1. LARSEN, T., S2*. MICHAEL, Bertrand F., BKR3. MI- EM3*. HOUSTON, Robert G., F1. HOUSTON, Melvin R., S2. LATIGUE, Jackson, STM1. CHAEL, Elmer O., S1. MICHNO, Arthur R., William H., PHM2. HOV, Donald A., S1. LATIMER, Billy F., S1. LATZER, Solomon, S2. MIKESKA, Willie W., S2. MIKOLAYEK, HOWISON, John D., ENS.*. HUBELI, Joseph S2. LAUGHLIN, Fain H., SK3. LAWS George Joseph, COX*. MILBRODT, Glen L. S2*. F., S2*. HUEBNER, Harry J. S1. HUGHES, E., S1*. LEATHERS, Williams B., MM3. MILES, Theodore K., LT. MILLER, Artie R., Lawrence E., F2. HUGHES, Robert A., FC3. LeBARON, Robert W., S2. LeBOW, Cleatus GM2. MILLER, George E., F1. MILLER, HUGHES, William E., SSML2. HUMPHREY, A., FC03*. LEENERMAN, Arthur L., RDM3*. Glenn E., S2. MILLER, Samuel George Jr., Maynard L., S2. HUNTER, Arthur R. Jr., LELUIKA, Paul P., S2. LESTINA, Francis J., FC3. QM1. HUNTLEY, Virgil C., CWO. HUPKA, S1. LETIZIA, Vincencio, S2. LETZ, Willbert MILLER, Walter R., S2. MILLER, Walter Clarence E., BKR1*. HURLEY, Woodrow, J., SK1. LeVALLEY, William D., EM2. W., B1. MILLER, Wilbur H., CMM. MILLS, GM2*. HURST, Robert H., LT. HURT, James LEVENTON, Mevin C., MM2. LeVIEUX, John William H., EM3. MINER, Herbert J. II, E., S2. HUTCHISON, Merle B., S2. IGOU, J., F2. LEWELLEN, Thomas E., S2. LEWIS, RT2*. MINOR, Richard L., S1. MINOR, Rob- Floyd, Jr., RM2. IZOR, Walter E., F1. JACK- James R., F2. LEWIS, John R., GM3. LIN- ert W., S2. MIRES, Carl E., S2. MIRICH, SON, Henry, STML. JACQUEMOT, Joseph DEN, Charles G., WT2. LINDSAY, Norman Wally M., S1. MISKOWIEC, Theodore F., S1. A., S2*. JADLOSKI, George K., S2. L., SF3. LINK, George C., S1. LINN, Roy, S1. MITCHELL, James E., S2*. MITCHELL, JAKUBISIN, Joseph S., S2. JAMES, Woodie LINVILLE, Cecil H., SF2. LINVILLE, Harry James H. Jr., SK1. MITCHELL, Kenneth E., E., COX*. JANNEY, Johns Hopkins, CDR. J., S1. LIPPERT, Robert G., S1. LIPSKI, S1*. MITCHELL, Norval Jerry Jr., S1*. JARVIS, James K., AM3*. Stanley W., CDR. LITTLE, Frank E., MM2. MITCHELL, Paul B., FC3. MICHELL, Win- JEFFERS, Wallace M., COX. JENNEY, LIVERMORE, Raymond I., S2. LOCH, Edwin ston C., S1. MITTLER, Peter John Jr., GM3. Charles I., LT. JENSEN, Chris A., S2. JEN- P, S1. LOCKWOOD, Thomas H., S2*. LOEF- MIXON, Malcom L., GM2. MLADY, Clarence SEN, Eugene W., S2*. JEWELL, Floyd R., FLER, Paul E. Jr., S2. LOFTIS, James B. C., S1*. MODESITT, Carl E., S2*. SK1. JOHNSON, Bernard J., S2. JOHNSON, Jr., S1*. LOFTUS, Ralph D., F2. LOHR, Leo MODISHER, Melvin W., MC, LTQ (jg)*. Elwood W., S2. JOHNSON, George G., S2. W., S1. LOMBARDI, Ralph, S1. LONG, Jo- MONCRIEF, Mack D., S2. MONKS, Robert JOHNSON, Harold B., S1. JOHNSON, Sidney seph W., S1. LONGWELL, Donald J., S1. B., GM3. MONTOYA, Frank E., S1. MOORE, B., S1. JOHNSON, Walter M. Jr., S1. JOHN- LOPEZ, Daniel B., F2*. LOPEZ, Sam, S1*. Donald G., S2. MOORE, Elbert, S2. MOORE, SON, William A., S1*. JOHNSTON, Earl R., LORENC, Edward R., S2. LOYD, John F., Harley E., S1. MOORE, Kyle C., LCDR. BM2. JOHNSTON, Lewis E., S1. JOHNSTON, WT2. LUCAS, Robert A., S2. LUCCA, Frank MOORE, Wyatt P., BKR1. MORAN, Joseph Ray F., MM1. JOHNSTON, Scott A., F2. J., F2*. LUHMAN, Emerson D., MM3. J., RM1*. MORGAN, Eugene S., BM2*. MOR- JONES, Clinton L., COX*. JONES, George E., LUNDGREN, Albert D., S1. Luttrull, Claud GAN, Glenn G., BGM3*. MORGAN, Lewis E., May 25, 1999 CONGRESSIONAL RECORD — SENATE S5969 S2. MORGAN, Telford F., ENS. MORRIS, Al- RAWDON, John H., EM3*. REALING, Lyle Jr., S2. SORDIA, Ralph, S2. SOSPIZIO, bert O., S1*. MORSE, Kendall H., LT (jg). O., FC2. REDMAYNE, Richard B., LT.*. Andre, EM3*. SPARKS, Charles B., COX. MORTON, Charles W., S2. MORTON, Marion REED, Thomas W., EM3. REEMTS, Alvan T., SPEER, Lowell E., RT3. SPENCER, Daniel E., SK2. MOSELEY, Morgan M., SC1*. S1. REESE, Jesse E., S2. REEVES, Chester F., S1*. SPENCER, James D., LT. SPENCER, MOULTON, Charles C., S2. MOWREY, Ted O. B., S1*. REEVES, Robert A., F2. Roger, S1*. SPECNER, Sidney A., WO. SPIN- E., SK3*. MOYNELO, Harold C. Jr., ENS. REGALADO, Robert H., S1. REHNER, Her- DLE, Orval A., S1. SPINELLI, John A., SC2*. MROSZAK, Frank A., S2. bert A., S1*. REID, Curtis F., S2*. REID, SPOMER, Elmer 3., SF2. St. PIERRE, Leslie MULDOON, John J., MM1*. MULVEY, Wil- James E., BM2*. REID, John, LCDR*. REID, R., MM2. STADLER, Robert H., WT3. liam R., BM1*. MURILLO, Sammy, S2. MUR- Tommy L., RDM38*. REILLY, James F., Y1. STAMM, Florian M., S2*. STANFORTH, PHY, Allen, S2. MURPHY, Paul J., FC3*. REINERT, Leroy, F1. REMONDET, Edward David E., F2. STANKOWSKI, Archie J., S2. MUSARRA, Joseph, S1. MYERS, Charles Lee J. Jr., S2. REYNOLDS, Alford, GM28*. REY- STANTURF, Frederick R., MM2. Jr., S2. MYERS, Glen A., MM2. MYERS, NOLDS, Andrew E., S1. REYNOLDS, STEIGERWALD, Fred, GM2. STEPHENS, H.B., F1*. NABERS, Neal A., S2. NASPINI, Carleton C., F1. RHEA, Clifford, F2. Richard P., S2*. STEVENS, George G., WT2*. Joseph A., F2*. NEAL, Charles K., S2. NEAL, RHODES, Vernon L., F1. RHOTEN, Roy E., STEVENS, Wayne A., MM2. STEWART, George M., S2. NEALE, Harlan B., S2. F2. RICE, Albert, STM1. RICH, Garland L., Glenn W., CFCP*. STEWART, Thomas A., NELSEN, Edward J., GM1*. NELSON, Frank S1. RICHARDSON, John R., S2. RICHARD- SK2. STICKLEY, Charles B. GM3. STIER, H., S2*. NEU, Hugh H., S2. NEUBAUER, SON, Joseph G., S2. RIDER, Francis A., William G., S1. STIMSON, David, ENS. Richard, S2. NEUMAN, Jerome C., F1. NEV- RDM3. RILEY, Junior Thomas, BM2. STONE, Dale E., S2. STONE, Homer B., Y1. ILLE, Bobby G., S2. NEWCOMER, Lewis W., RINEAY, Francis Henry, Jr., S28*. ROB- STOUT, Kenneth I., LCDR. STRAIN, Joseph MM3. NEWELL, James T., EM1. NEWHALL, ERTS, Benjamin E., WT1. ROBERTS, Nor- M., S2. STREICH, Allen C., RM2*. James F., S1*. NICHOLS, James C., S2*. man H., MM1*. ROBERTS, Charles, S1. STICKLAND, George T., S2. NICHOLS, Joseph L., BM2. NICHOLS, Paul ROBISON, Gerald E., RT3. ROBISON, John STRIETER, Robert C., S2. STRIPE, Wil- V., MM3. NIELSEN, Carl Aage Chor Jr., F1. D., COX*. ROBISON, Marzie J., S2. ROCHE, liam S., S2. STROM, Donald A., S2. NIETO, Baltazar P, GM3. NIGHTINGALE, Joseph M., LT. ROCKENBACH, Earl A., SC2. STROMKO, Joseph A., F2. STRYFFELER, William O., MM1*. NISKANEN, John H., F2. ROESBERRY, Jack R., S1. ROGELL, Henry Virgil L., F2. STUECKLE, Robert L., S2. NIXON, Daniel M., S2*. NORBERG, James T., F1. ROGERS, Ralph G., RDM3*. ROGERS, STURTEVANT, Elwyn L., RM2*. SUDANO, A., CBMP*. NORMAN, Theodore R., GM2. Ross, Jr., ENS*. ROLAND, Jack A., PHM1. Angelo A., SSML3. SUHR, Jerome R., S2. NOWAK, George J., F2. NUGENT, William ROLLINS, Willard E., RM3. ROMANI, SULLIVAN, James P., S2. SULLIVAN, Wil- G., S2. NUNLEY, James P, F1. NUNLEY, Frank J., HAI. ROOF, Charles W, S2. ROSE, liam D., PTR2. SUTER, Frnak E., S1*. Troy A., S2*. NUTT, Raymond A., S2. Berson H., GM2. ROSS, Glen E., F2. ROTH- SWANSON, Robert H., MM2. SWART, Robert NUTTALL, Alexander C., S1*. OBLEDO, MAN, Aaron, RDM3. ROWDEN, Joseph G., L., LT (jg). SWINDELL, Jerome H., F2. Mike G., S1*. O’BRIEN, Arthur J., S2. F1. ROZZANO, John, Jr., S2. RUDOMANSKI, TAGGART, Thomas H., S1. TALLEY, Dewell O’CALLAGHAN, Del R., WT2. OCHOA, Er- Eugene W., RT2. RUE, William G., MM1. E., RM2. TAWATER, Charles H., F1*. nest, FC3. RUSSELL, Robert A., S2. RUSSELL, Virgil TEERLINK, David S., CWO. TELFORD, Arno O’DONNELL, James E., WT3*. OLDERON, M., COX*. RUST, Edwin L., S1. RUTHER- J., RT3. TERRY, Robert W., S1. THELEN, Bernhard G., S1. OLIJAR, John, S1*. O’NEIL, FORD, Robert A., RM2. RYDZESKI, Frank Richard P., S2*. THIELSCHER, Robert T., Eugene E., S1. ORR, Homer L., HAI. ORR, W., F1. SAATHOFF, Don W., S2*. SAENZ, CRTP. THOMAS, Ivan M., S1*. THOMPSON, John Irwin, Jr., LT. ORSBURN, Frank H., Jose A., SC3. SAIN, Albert F., S1. SALINAS, David A., EM3*. THORPE, Everett N., WT3. SSML2*. ORTIZ, Orlando R., Y3. OSBURN, Alfredo A., S1. SAMANO, Nuraldo, S2. THURKETTLE, William C., S2*. TIDWELL, Charles W., S2. OTT, Theodore G., Y1. SAMPSON, Joseph R., S2. SAMS, Robert C., James F., S2. TISTHAMMER, Bernard E., OUTLAND, Felton J., S1*. OVERMAN, Thur- STM2. SANCHEZ, Alejandro V., S2. CGMA. TOCE, Nicolo, S2. TODD, Harold O., man D., S2*. OWEN, Keith N., SC3*. OWENS, SANCHEZ, Fernando S., SC3*. SAND, Cyrus CM3. TORRETTA, John Mickey, F1*. TOSH, Robert Sheldon, Jr., QM3. OWENSBY, H., BM1. SANDERS, Everett R., MOMM1. Bill H., RDM3. TRIEMER, Ernst A., ENS. Clifford C., F2. PACE, Curtis, S2*. PACHECO, SASSMAN, Gordon W., COX. SCANLAN, TROTTER, Arthur C., RM2. TRUDEAU, Ed- Jose C., S2*. PAGITT, Eldon E., F2. PAIT, Osceola C., S2*. SCARBROUGH, Fred R., mond A., LT. TRUE, Roger O., S2. TRUITT, Robert E., BM2. PALMITER, Adelore A., S2*. COX. SCHAAP, Marion J., QM1. SCHAEFER, Robert E., RM2. TRYON, Frederick B., PANE, Francis W., S2. PARHAM, Fred, ST2. Harry W., S2. SCHAFFER, Edward J., S1. BUG2. TULL, James A., S1. TURNER, PARK, David E., ENS. PAROUBEK, Richard SCHARTON, Elmer D., S1. SCHECHTERLE, Charles M., S2*. TURNER, William C., MM2. A., Y1*. PASKET, Lyle M., S2*. PATTER- Harold J., RDM3*. SCHEIB, Albert E., F2. TURNER, William H., Jr., ACMMA. SON, Alfred T., S2. PATTERSON, Kenneth SCHEWE, Alfred P., S1. SCHLATTER, Rob- G., S1. PATZER, Herman L., EM1. PAULK, TWIBLE, Harlan M., ENS.*. ert L., AOM3. SCHLOTTER, James R., ULIBARRI, Antonio D., S2. ULLMANN, Luther D., S2*. PAYNE, Edward G., S2*. RDM3. SCHMUECK, John A., CPHMP*. PAYNE, George D., S2. PENA, Santos A., Paul E., LT (jg). UMENHOFFER, Lyle E., SCHNAPPAUF, Harold J., SK3. SCHOOLEY, S1*. UNDERWOOD, Carey L., S1. UNDER- S1*. PENDER, Welburn M., F2. PEREZ, Dillard A., COX. SCHUMACHER, Arthur J., Basilio, S2*. PERKINS, Edward C., F2*. WOOD, Ralph E., S1*. VAN METER, Joseph Jr., CEMA. SCOGGINS, Millard, SM2. W., WT3*. WAKEFIELD, James N., S1. PERRY, Robert J., S2. PESSOLANO, Mi- SCOTT, Burl D., STM2. SCOTT, Curtis M., WALKER, A.W., STM1. WALKER, Jack E., chael R., LT. PETERS, Earl J., S2. PETER- S1. SCOTT, Hilliard, STM 1. SEABERT, RM2. WALKER, Verner B., F2*. WALLACE, SON, Avery C., S2*. PETERSON, DARREL Clarke W., S2*. SEBASTIAN, Clifford H., Earl J., RDM3. WALLACE, John, RDM3. E., S1. PETERSON, Frederick A., MAM3. PE- RM2. SEDIVI, Alfred J., PHOM2. SELBACH, WALTERS, Donald H., F1. WARREN, Wil- TERSON, Glenn H., S1. PETERSON, Ralph Walter H., WT2. SELL, Ernest F., EM2. liam R., RT3. WATERS, Jack L., CYA. WAT- R., S2. PETRINCIC, John Nicholas, Jr., FC3. SELLERS, Leonard E., SF3. SELMAN, SON, Winston H., F2. WELLS, Charles O., PEYTON, Robert C., STM1. PHILLIPS, Amos, S2. SETCHFIELD, Arthur L., COX*. S1*. WELLS, Gerald Lloyd, EM3. Aulton N. Sr., F2. PHILLIPS, Huie H., S2*. SEWELL, Loris E., S2. SHAFFER, Robert P., WENNERHOLM, Wayne L, COX. WENZEL, PIERCE, Clyde A., CWTA. PIERCE, Robert GM3*. SHAND, Kenneth W., WT2. SHARP, Ray G., RT3. WHALEN, Stuart D., GM2. W., S2. PIPERATA, Alfred J., MM1. PIT- William H., S2*. SHAW, Calvin P., GM2. WHALLON, Louis E, Jr., LT (jg). WHITE, MAN, Robert F., S2. PITTMAN, Almire, Jr., SHEARER, Harold J., S2*. SHELTON, Wil- Earl C., TC1. WHITE, Howard M., CWTP. ST3. PLEISS, Roger D., F2. PODISH, Paul, liam E. Jr., SM2. SHIELDS, Cecil N., SM2. WHITING, George A., F2*. WHITMAN, Rob- S2*. PODSCHUN, Clifford A., S2*. POGUE, SHIPMAN, Robert L., GM3. SHOWN, Donald ert T., LT. WILCOX, Lindsey Z., WT2* Herman C., S2*. POHL, Theodore, F2. H., CFC*. SHOWS, Audie B., COX*. SIKES, WILEMAN, Roy W., PHM3. WILLARD, POKRYFKA, Donald M., S2. POOR, Gerald Theodore A., ENS. SILCOX, Burnice R., S1. Merrirnan D., PHM2. WILLIAMS, Billie J., M., S2*. POORE, Albert F., S2. POTRYKUS, SILVA, Phillip G., S1. SIMCOX, Gordon, W., MM2. WILLIAMS, Magellan, STM1. WIL- Frank P., F2. POTTS, Dale F., S2*. POWELL, EM3. SIMCOX, John A., F1. SIMPSON, Wil- LIAMS, Robert L., WO. WILSON, Frank, F2. Howard W., F1. POWERS, R. C. Ottis, S2. liam E., BM2,*. SIMS, Clarence, CK2. SIN- WILSON, Thomas B., S1. WISNIEWSKI, Poynter, Raymond L., S2. PRAAY, William CLAIR, J. Ray, S2*. SINGERMAN, David, Stanley, F2*. WITMER, Milton R., EM2. T., S2. PRATHER, Clarence J., CMMA. SM2. SIPES, John L., S1. SITEK, Henry J., WITZIG, Robert M., FC3*. PRATT, George R., F1. PRICE, James D., S2*. SITZLAR, William C., F1. SLADEK, WOJCIECHOWSKI, Maryian J., GM2. S1*. PRIESTLE, Ralph A., S2. PRIOR, Wal- Wayne L, BM1*. SLANKARD, Jack C., S1*. WOLFE, Floyd R., GM3. WOODS, Leonard T., ter M., S2. PUCKETT, William C., S2. SMALLEY, Howard E., S1. SMELTZER, CWO. WOOLSTON, John, ENS.*. YEAPLE, PUPUIS, John A., S1. PURCEL, Franklin W., Charles H., S2*. SMERAGLIA, Michael, RM3. Jack T., Y3. ZINK, Charles W., EM2*. S2. PURSEL, Forest V., WT2. PYRON, SMITH, Carl M., SM2. SMITH, Charles A., ZOBAL, Francis J., S2. Freddie H., S1. QUEALY, William C. Jr., S1. SMITH, Cozell Lee, Jr., COX*. SMITH, PR2*. RABB, John R., SC1. RAGSDALE, Edwin L., S2. SMITH, Eugene G., BM2. MARINE DETACHMENT Jean O., S1. RAHN, Alvin W., SK3. RAINES, SMITH, Frederick C., F2*. SMITH, George BRINKER, David A., PFC. BROWN, Orlo Clifford Junior, S2. RAINS, Rufus B., S1. RA- R., S1. SMITH, Guy N., FC2. SMITH, Henry N., PFC. BUSH, John R., PVT. CROMLING, MIREZ, Ricardo, S1*. RAMSEYER, Raymond A., F1. SMITH, Homer L., F2. SMITH, James Charles J., Jr., PLTSGT. DAVIS, William H., C., RT3. RANDOLPH, Clco, STM1. W., S2*. SMITH, Kenneth D., S2. SMITH, PFC. DUPECK, Albert Jr., PFC. RATHBONE, Wilson, S2*. RATHMAN, Frank Olen E., CM3. SNYDER, John N., SF2. SNY- GREENWALD, Jacob, 1st SGT*. GRIMM, Junior, S1. DER, Richard R., S1. SOLOMON, William, Loren E., PFC. HANCOCK, Thomas A., PFC. S5970 CONGRESSIONAL RECORD — SENATE May 25, 1999

HARRELL, Edgar A., CPL*. HOLLAND, ginia (Mr. BYRD) was added as a co- S. 718 John F. Jr., PFC. HUBBARD, Gordon R., sponsor of S. 472, a bill to amend title At the request of Ms. MIKULSKI, the PFC. HUBBRD, Leland R., PFC. HUGHES, XVIII of the Social Security Act to name of the Senator from Maryland Max M., PFC*. JACOB, Melvin C., PFC* provide certain medicare beneficiaries (Mr. SARBANES) was added as a cospon- KENWORTHY, Glenn W, CPL. KIRCHNER, John H., PVT. LARSEN, Harlan D., PFC. with an exemption to the financial lim- sor of S. 718, a bill to amend chapters LEES, Henry W., PFC. MARTTILA, Howard itations imposed on physical, speech- 83 and 84 of title 5, United States Code, W., PVT. McCOY, Giles G., PFC*. MES- language pathology, and occupational to extend the civil service retirement SENGER, Leonard J., PFC. MUNSON, Bryan therapy services under part B of the provisions of such chapter which are C., PFC. MURPHY, Charles T., PFC. NEAL, medicare program, and for other pur- applicable to law enforcement officers, William F., PFC. PARKE, Edward L., CAPT. poses. to inspectors of the Immigration and REDD, Robert F., PVT. REINOLD, George, S. 495 Naturalization Service, inspectors and H., PFC. RICH, Raymond A., RIGGINS, Earl, canine enforcement officers of the PVT*. ROSE, Francis E., PFC. SPINO, Frank At the request of Mr. BOND, the J., PFC. SPOONER, Miles L., PVT*. names of the Senator from Kentucky United States Customs Service, and STAUFFER, Edward H., 1st LT. (Mr. BUNNING) and the Senator from revenue officers of the Internal Rev- STRAUGHN, Howard V. Jr., CPL. Florida (Mr. MACK) were added as co- enue Service. THOMSEN, Arthur A., PFC. TRACY, Rich- sponsors of S. 495, a bill to amend the S. 800 ard I. Jr., SGT. UFFELMAN, Paul R. PFC*. Clean Air Act to repeal the highway At the request of Mr. BURNS, the WYCH, Robert A. PFC. sanctions. names of the Senator from Colorado * Indicates a survivor. (Mr. ALLARD) and the Senator from f S. 506 At the request of Mrs. MURRAY, her Louisiana (Mr. BREAUX) were added as ADDITIONAL COSPONSORS name was added as a cosponsor of S. cosponsors of S. 800, a bill to promote and enhance public safety through the S. 42 506, a bill to amend the Internal Rev- use of 9–1–1 as the universal emergency At the request of Mr. HELMS, the enue Code of 1986 to permanently ex- assistance number, further deployment name of the Senator from Oklahoma tend the provisions which allow non- of wireless 9–1–1 service, support of (Mr. NICKLES) was added as a cosponsor refundable personal credits to be fully States in upgrading 9–1–1 capabilities of S. 42, a bill to amend title X of the allowed against regular tax liability. and related functions, encouragement Public Health Service Act to permit S. 512 of construction and operation of seam- family planning projects to offer adop- At the request of Mr. GORTON, the less, ubiquitous, and reliable networks tion services. name of the Senator from Rhode Island for personal wireless services, and for S 171 (Mr. REED) was added as a cosponsor of . other purposes. At the request of Mr. MOYNIHAN, the S. 512, a bill to amend the Public S. 820 name of the Senator from West Vir- Health Service Act to provide for the At the request of Mr. CHAFEE, the ginia (Mr. ROCKEFELLER) was added as expansion, intensification, and coordi- name of the Senator from Minnesota a cosponsor of S. 171, a bill to amend nation of the activities of the Depart- (Mr. GRAMS) was added as a cosponsor the Clean Air Act to limit the con- ment of Health and Human Services of S. 820, a bill to amend the Internal centration of sulfur in gasoline used in with respect to research on autism. Revenue Code of 1986 to repeal the 4.3- motor vehicles. S. 514 cent motor fuel excise taxes on rail- S. 242 At the request of Mr. COCHRAN, the roads and inland waterway transpor- At the request of Mr. JOHNSON, the names of the Senator from Rhode Is- tation which remain in the general names of the Senator from Nebraska land (Mr. REED) and the Senator from fund of the Treasury. ERREY Ohio (Mr. DEWINE) were added as co- (Mr. K ) and the Senator from S. 870 Iowa (Mr. HARKIN) were added as co- sponsors of S. 514, a bill to improve the At the request of Ms. COLLINS, the National Writing Project. sponsors of S. 242, a bill to amend the name of the Senator from Alaska (Mr. Federal Meat Inspection Act to require S. 635 STEVENS) was added as a cosponsor of the labeling of imported meat and At the request of Mr. MACK, the name S. 870, a bill to amend the Inspector meat food products. of the Senator from New Mexico (Mr. General Act of 1978 (5 U.S.C. App.) to S. 327 BINGAMAN) was added as a cosponsor of increase the efficiency and account- At the request of Mr. HAGEL, the S. 635, a bill to amend the Internal ability of Offices of Inspector General name of the Senator from North Da- Revenue Code of 1986 to more accu- within Federal departments, and for kota (Mr. CONRAD) was added as a co- rately codify the depreciable life of other purposes. sponsor of S. 327, a bill to exempt agri- printed wiring board and printed wir- S. 879 ing assembly equipment. cultural products, medicines, and med- At the request of Mr. CONRAD, the ical products from U.S. economic sanc- S. 676 names of the Senator from New Jersey tions. At the request of Mr. CAMPBELL, the (Mr. TORRICELLI) and the Senator from S. 455 name of the Senator from Wisconsin Utah (Mr. HATCH) were added as co- At the request of Mr. DURBIN, the (Mr. FEINGOLD) was added as a cospon- sponsors of S. 879, a bill to amend the name of the Senator from Illinois (Mr. sor of S. 676, a bill to locate and secure Internal Revenue Code of 1986 to pro- FITZGERALD) was added as a cosponsor the return of Zachary Baumel, a cit- vide a shorter recovery period for the of S. 455, a bill to amend the Immigra- izen of the United States, and other depreciation of certain leasehold im- tion and Nationality Act with respect Israeli soldiers missing in action. provements. to the requirements for the admission S. 684 S. 881 of nonimmigrant nurses who will prac- At the request of Ms. COLLINS, the At the request of Mr. BENNETT, the tice in health professional shortage name of the Senator from Massachu- name of the Senator from Kentucky areas. setts (Mr. KERRY) was added as a co- (Mr. MCCONNELL) was added as a co- S. 459 sponsor of S. 684, a bill to amend title sponsor of S. 881, a bill to ensure con- At the request of Mr. BREAUX, the 11, United States Code, to provide for fidentiality with respect to medical names of the Senator from Michigan family fishermen, and to make chapter records and health care-related infor- (Mr. LEVIN) and the Senator from Indi- 12 of title 11, United States Code, per- mation, and for other purposes. ana (Mr. BAYH) were added as cospon- manent. S. 908 sors of S. 459, a bill to amend the Inter- S. 693 At the request of Mr. DORGAN, the nal Revenue Code of 1986 to increase At the request of Mr. HELMS, the names of the Senator from Illinois (Mr. the State ceiling on private activity name of the Senator from Mississippi DURBIN) and the Senator from Iowa bonds. (Mr. LOTT) was added as a cosponsor of (Mr. HARKIN) were added as cosponsors S. 472 S. 693, a bill to assist in the enhance- of S. 908, a bill to establish a com- At the request of Mr. GRASSLEY, the ment of the security of Taiwan, and for prehensive program to ensure the safe- name of the Senator from West Vir- other purposes. ty of food products intended for human May 25, 1999 CONGRESSIONAL RECORD — SENATE S5971 consumption that are regulated by the from Hawaii (Mr. AKAKA) were added as Whereas under criteria established by the Food and Drug Administration, and for cosponsors of Senate Joint Resolution Department of Defense, the deaths of these other purposes. 21, a joint resolution to designate Sep- men and women do not qualify as Vietnam tember 29, 1999, as ‘‘Veterans of For- War deaths; S. 1017 Whereas under Department guidelines, At the request of Mr. MACK, the name eign Wars of the United States Day.’’ these men and women also do not meet the of the Senator from Utah (Mr. HATCH) SENATE RESOLUTION 59 criteria for eligibility to have their names was added as a cosponsor of S. 1017, a At the request of Mr. LAUTENBERG, inscribed on the Memorial Wall of the Viet- bill to amend the Internal Revenue the names of the Senator from Massa- nam Veterans Memorial in the District of Code of 1986 to increase the State ceil- chusetts (Mr. KENNEDY), the Senator Columbia; from Michigan (Mr. LEVIN), and the Whereas ‘‘In Memory’’ Day was established ing on the low-income housing credit. several years ago in order to honor the Senator from Indiana (Mr. BAYH) were S. 1023 Americans who gave their lives in service to added as cosponsors of Senate Resolu- At the request of Mr. MOYNIHAN, the their country as a result of service in Viet- name of the Senator from Maryland tion 59, a bill designating both July 2, nam but had not otherwise been honored for 1999, and July 2, 2000, as ‘‘National Lit- (Mr. SARBANES) was added as a cospon- doing so; sor of S. 1023, a bill to amend title eracy Day.’’ Whereas ‘‘In Memory’’ Day is now a SENATE RESOLUTION 103 project of the Vietnam Veterans Memorial XVIII of the Social Security Act to sta- Fund; bilize indirect graduate medical edu- At the request of Mr. HUTCHINSON, the name of the Senator from North Whereas to date 633 Americans have met cation payments. the criteria for eligibility to be honored by Carolina (Mr. HELMS) was added as a S. 1024 the ‘‘In Memory’’ Program; and cosponsor of Senate Resolution 103, a Whereas the Americans who have been At the request of Mr. MOYNIHAN, the resolution concerning the tenth anni- named by the ‘‘In Memory’’ Program are name of the Senator from Florida (Mr. versary of the Tiananmen Square mas- honored each year during a ceremony at the MACK) was added as a cosponsor of S. sacre of June 4, 1989, in the People’s Vietnam Veterans Memorial: Now, therefore, 1024, a bill to amend title XVIII of the Republic of China. be it Social Security Act to carve out from Resolved by the Senate (the House of Rep- AMENDMENT NO. 377 payments to Medicare+Choice organi- resentatives concurring), That it is the sense At the request of Mr. ROBERTS, the of Congress that ‘‘In Memory’’ Day should be zations amounts attributable to dis- names of the Senator from New Hamp- proportionate share hospital payments observed on the third Monday in April each shire (Mr. SMITH), the Senator from and pay such amounts directly to those year, the day on which Patriots Day is also Texas (Mrs. HUTCHISON), the Senator observed, in honor of the men and women of disproportionate share hospitals in from Oklahoma (Mr. INHOFE), the Sen- the United States whose deaths had a basis which their enrollees receive care. ator from Colorado (Mr. ALLARD), the in their service in Vietnam during the Viet- S. 1025 Senator from Alabama (Mr. SESSIONS), nam War and who are thereby true examples At the request of Mr. MOYNIHAN, the the Senator from New Mexico (Mr. to the Nation of patriotism and sacrifice. name of the Senator from Virginia (Mr. BINGAMAN), and the Senator from Illi- Mr. SPECTER. Mr. President, today I ROBB) was added as a cosponsor of S. nois (Mr. FITZGERALD) were added as submit a concurrent resolution which 1025, a bill to amend title XVIII of the cosponsors of amendment No. 377 pro- would express the Sense of the Con- Social Security Act to ensure the prop- posed to S. 1059, an original bill to au- gress that the third Monday in April be er payment of approved nursing and al- thorize appropriations for fiscal year designated ‘‘In Memory Day.’’ In Mem- lied health education programs under 2000 for military activities of the De- ory Day will be a time for family and the medicare program. partment of Defense, for military con- friends to gather and commemorate S. 1053 struction, and for defense activities of the supreme sacrifice made by their At the request of Mr. BOND, the name the Department of Energy, to prescribe loved ones as their names are read of the Senator from Texas (Mr. GRAMM) personnel strengths for such fiscal year from the In Memory Honor Roll at the was added as a cosponsor of S. 1053, a for the Armed Forces, and for other Vietnam Veterans Memorial, as was bill to amend the Clean Air Act to in- purposes. done most recently on April 19, 1999. I corporate certain provisions of the AMENDMENT NO. 383 feel this to be a small yet fitting trib- transportation conformity regulations, At the request of Mr. THURMOND, his ute to those whose lives were ulti- as in effect on March 1, 1999. name was added as a cosponsor of mately claimed by the war in Vietnam. The Vietnam Veterans Memorial is a S. 1057 amendment No. 383 proposed to S. 1059, solemn reminder that the defense of At the request of Mr. MACK, the name an original bill to authorize appropria- liberty is not without loss. The 58,214 of the Senator from Iowa (Mr. GRASS- tions for fiscal year 2000 for military servicemembers who gave their lives in LEY) was added as a cosponsor of S. activities of the Department of De- Vietnam will forever be memorialized 1057, a bill to amend the Internal Rev- fense, for military construction, and in a most fitting manner. Their names, enue Code of 1986 to simplify certain for defense activities of the Depart- inscribed in granite walls, symbolize provisions applicable to real estate in- ment of Energy, to prescribe personnel the reality that our nation’s military vestment trusts. strengths for such fiscal year for the personnel protects America behind S. 1070 Armed Forces, and for other purposes. f walls built with the blood of patriots. At the request of Mr. BOND, the name We must keep them in our memory al- of the Senator from Tennessee (Mr. SENATE CONCURRENT RESOLU- ways. FRIST) was added as a cosponsor of S. TION 34—RELATING TO THE OB- Not all of those who died, however, 1070, a bill to require the Secretary of SERVANCE OF ‘‘IN MEMORY’’ are commemorated on the Vietnam Labor to wait for completion of a Na- DAY Veterans Memorial. Unaccounted for tional Academy of Sciences study be- Mr. SPECTER submitted the fol- are those succumbed to the ravages of fore promulgating a standard, regula- lowing concurrent resolution; which psychological wounds upon their re- tion or guideline on ergonomics. was referred to the Committee on the turn home. Unaccounted for are all SENATE JOINT RESOLUTION 21 Judiciary: those who died after war’s end, yet At the request of Ms. SNOWE, the S. CON. RES. 34 whose deaths were intrinsically linked names of the Senator from New Mexico Whereas many of the individuals who to wartime service. Their family mem- (Mr. DOMENICI), the Senator from Mon- served in the Armed Forces and in civilian bers and loved ones have no wall to go tana (Mr. BURNS), the Senator from roles in Vietnam during the Vietnam War to; no names to touch; no memorial to Mississippi (Mr. LOTT), the Senator have since died, in part as the result of ill- share. from Tennessee (Mr. THOMPSON), the nesses and conditions associated with service The Vietnam Veterans Memorial Senator from Mississippi (Mr. COCH- in Vietnam during that war; Fund (VVMF) runs an ‘‘In Memory Whereas these men and women, whose ulti- RAN), the Senator from Alabama (Mr. mate health conditions had a basis in their Program’’ to honor these silent fallen. SESSIONS), the Senator from Tennessee service in Vietnam during the Vietnam War, As part of this program, the VVMF (Mr. FRIST), the Senator from West sacrificed their lives for their country in a keeps an ‘‘In Memory Honor Roll’’ to Virginia (Mr. BYRD), and the Senator very real sense; commemorate those who served and S5972 CONGRESSIONAL RECORD — SENATE May 25, 1999 died prematurely, but whose deaths do (14) The Army could fall 6,000 below Con- efits under this section in lieu of benefits not fit the parameters for inclusion gressionally authorized troop strength by under chapter 32 of this title or withdraws upon the Wall. It it time for Congress the end of 1999. the election made under section 3011(c)(1) or to do its part in honoring these brave (b) SENSE OF CONGRESS: 3012(d)(1) of this title, as the case may be, (1) It is the sense of Congress that— pursuant to procedures which the Secretary soldiers and their families. (A) The readiness of U.S. military forces to of each military department shall provide in f execute the National Security Strategy of accordance with regulations prescribed by the United States is being eroded from a AMENDMENTS SUBMITTED the Secretary of Defense for the purpose of combination of declining defense budgets carrying out this section or which the Sec- and expanded missions; retary of Transportation shall provide for (B) There may be missions to which the NATIONAL DEFENSE AUTHORIZA- such purpose with respect to the Coast Guard United States is contributing Armed Forces when it is not operating as a service in the TION ACT FOR FISCAL YEAR 2000 from which the United States can begin dis- Navy; engaging. is entitled to basic educational assistance (c) REPORT REQUIREMENT.— under this chapter. HUTCHISON AMENDMENT NO. 389 (1) Not later than July 30, 1999, the Presi- ‘‘(b)(1) Except as provided in paragraphs (2) (Ordered to lie on the table.) dent shall submit to the Committee on and (3), in the case of an individual who Mrs. HUTCHISON submitted an Armed Services of the Senate and the Com- makes an election under subsection (a)(5) to mittee on National Security of the House of become entitled to basic education assist- amendment intended to be proposed by Representatives, and to the Committees on her to the bill (S. 1059) to authorize ap- ance under this chapter— Appropriations in both Houses, a report ‘‘(A) the basic pay of the individual shall propriations for fiscal year 2000 for prioritizing the ongoing global missions to be reduced (in a manner determined by the military activities of the Department which the United States is contributing Secretary of Defense) until the total amount of Defense, for military construction, troops. The President shall include in the re- by which such basic pay is reduced is $1,200; and for defense activities of the De- port: or partment of Energy, to prescribe per- (I) a proposal for shifting resources from ‘‘(B) to the extent that basic pay is not so sonnel strengths for such fiscal year low priority missions in support of higher reduced before the individual’s discharge or priority missions; for the Armed Forces, and for other release from active duty as specified in sub- (II) a proposal for consolidating or reduc- section (a)(4), the Secretary shall collect purposes; as follows: ing U.S. troop commitments where possible; from the individual an amount equal to the At the appropriate place in the bill, insert (III) a proposal to reduce U.S. troop com- difference between $1,200 and the total the following: mitments worldwide; amount of reductions under subparagraph SEC. . (a) Congress makes the following (IV) a proposal for ending low priority mis- (A), which shall be paid into the Treasury of findings: sions. the United States as miscellaneous receipts. (1) It is the National Security Strategy of ‘‘(2) In the case of an individual previously the United States to ‘‘deter and defeat large- FRIST AMENDMENT NO. 390 enrolled in the educational benefits program scale, cross-border aggression in two distant provided by chapter 32 of this title, the Sec- theaters in overlapping time frames;’’ (Ordered to lie on the table.) retary shall reduce the total amount of the (2) The deterrence of Iraq and Iran in Mr. FRIST submitted an amendment reduction in basic pay otherwise required by Southwest Asia and the deterrence of North intended to be proposed by him to the paragraph (1) by an amount equal to so much Korea in Northeast Asia represent two such bill, S. 1059, supra; as follows: of the unused contributions made by the in- potential large-scale, cross-border theater On page 254, between lines 3 and 4, insert dividual to the Post-Vietnam Era Veterans requirements; the following: Education Account under section 3222(a) of (3) The United States has 120,000 troops this title as do not exceed $1,200. permanently assigned to those theaters; SEC. 676. PARTICIPATION OF ADDITIONAL MEM- BERS OF THE ARMED FORCES IN ‘‘(3) An individual may at any time pay the (4) The United States has an additional MONTGOMERY GI BILL PROGRAM. Secretary an amount equal to the difference 70,000 troops assigned to non-NATO/non-Pa- (a) PARTICIPATION AUTHORIZED.—(1) Sub- between the total of the reductions other- cific threat foreign countries; chapter II of chapter 30 of title 38, United wise required with respect to the individual (5) The United States has more than 6,000 States Code, is amended by inserting after under this subsection and the total amount troops in Bosnia-Herzegovina on indefinite section 3018C the following new section: of the reductions with respect to the indi- assignment; vidual under this subsection at the time of ‘‘§ 3018d. Opportunity to enroll: certain VEAP (6) The United States has diverted perma- the payment. Amounts paid under this para- participants; active duty personnel not pre- nently assigned resources from other thea- graph shall be paid into the Treasury of the viously enrolled ters to support operations in the Balkans; United States as miscellaneous receipts. (7) The United States provides military ‘‘(a) Notwithstanding any other provision ‘‘(c)(1) Except as provided in paragraph (3), forces to seven active United Nations peace- of law, an individual who— an individual who is enrolled in the edu- keeping operations, including missions in ‘‘(1) either— cational benefits program provided by chap- Haiti and the Western Sahara, and some mis- ‘‘(A) is a participant on the date of the en- ter 32 of this title and who makes the elec- sions that have continued for decades; actment of this section in the educational tion described in subsection (a)(5) shall be (8) Between 1986 and 1998, the number of benefits program provided by chapter 32 of disenrolled from the program as of the date American military deployments per year has this title; or of such election. nearly tripled at the same time the Depart- ‘‘(B) has made an election under section ‘‘(2) For each individual who is disenrolled ment of Defense budget has been reduced in 3011(c)(1) or 3012(d)(1) of this title not to re- from such program, the Secretary shall real terms by 38 percent; ceive educational assistance under this chap- refund— (9) The Army has 10 active-duty divisions ter and has not withdrawn that election ‘‘(A) to the individual in the manner pro- today, down from 18 in 1991, while on an av- under section 3018(a) of this title as of such vided in section 3223(b) of this title so much erage day in FY98, 28,000 U.S. Army soldiers date; of the unused contributions made by the in- were deployed to more than 70 countries for ‘‘(2) is serving on active duty (excluding dividual to the Post-Vietnam Era Veterans over 300 separate missions; periods referred to in section 3202(1)(C) of Education Account as are not used to reduce (10) Active Air Force fighter wings have this title in the case of an individual de- the amount of the reduction in the individ- gone from 22 to 13 since 1991, while 70 percent scribed in paragraph (1)(A)) on such date; ual’s basic pay under subsection (b)(2); and of air sorties in Operation Allied Force over ‘‘(3) before applying for benefits under this ‘‘(B) to the Secretary of Defense the un- the Balkans are U.S.-flown and the Air Force section, has completed the requirements of a used contributions (other than contributions continues to enforce northern and southern secondary school diploma (or equivalency made under section 3222(c) of this title) made no-fly zones in Iraq; certificate) or has successfully completed by such Secretary to the Account on behalf (11) The United States Navy has been re- the equivalent of 12 semester hours in a pro- of such individual. duced in size to 339 ships, its lowest level gram of education leading to a standard col- ‘‘(3) Any contribution made by the Sec- since 1938, necessitating the redeployment of lege degree; retary of Defense to the Post-Vietnam Era the only overseas homeported aircraft car- ‘‘(4) if discharged or released from active Veterans Education Account pursuant to rier from the Western Pacific to the Medi- duty after the date on which the individual section 3222(c) of this title on behalf of an in- terranean to support Operation Allied Force; makes the election described in paragraph dividual referred to in paragraph (1) shall re- (12) In 1998 just 10 percent of eligible car- (5), is discharged with an honorable dis- main in such account to make payments of rier naval aviators—27 out of 261—accepted charge or released with service characterized benefits to the individual under section continuation bonuses and remained in serv- as honorable by the Secretary concerned; 3015(f) of this title. ice; and ‘‘(d) The procedures provided in regula- (13) In 1998 48 percent of Air Force pilots el- ‘‘(5) during the one-year period beginning tions referred to in subsection (a) shall pro- igible for continuation opted to leave the on the date of the enactment of this section, vide for notice of the requirements of sub- service. makes an irrevocable election to receive ben- paragraphs (B), (C), and (D) of section May 25, 1999 CONGRESSIONAL RECORD — SENATE S5973 3011(a)(3) of this title. Receipt of such notice (1) by striking ‘‘5, 10, 15, or 20 percent’’ and (iii) by adding at the end the following new shall be acknowledged in writing.’’. inserting ‘‘the applicable percent’’; and clause (iv): (2) The table of sections at the beginning of (2) by inserting after the first sentence the ‘‘(iv) by no later than May 1, 2001, in the chapter 30 of that title is amended by insert- following: ‘‘The percent used for the com- case of members of the Commission whose ing after the item relating to section 3018C putation shall be an even multiple of 5 per- terms will expire on September 30, 2002.’’; the following new item: cent and, whatever the percent specified in and ‘‘3018D. Opportunity to enroll: certain VEAP the election, may not exceed 20 percent for (B) in subparagraph (C), by striking ‘‘or for participants; active duty per- months beginning on or before the date of 1995 in clause (iii) of such subparagraph’’ and sonnel not previously en- the enactment of the National Defense Au- inserting ‘‘, for 1995 in clause (iii) of that rolled.’’. thorization Act for Fiscal Year 2000, 15 per- subparagraph, or for 2001 in clause (iv) of (b) CONFORMING AMENDMENT.—Section cent for months beginning after that date that subparagraph’’. 3015(f) of that title is amended by striking and before October 2004, and 10 percent for (2) MEETINGS.—Subsection (e) of that sec- ‘‘or 3018C’’ and inserting ‘‘3018C, or 3018D’’. months beginning after September 2004.’’. tion is amended by striking ‘‘and 1995’’ and inserting ‘‘1995, and 2001, and in 2002 during (c) SENSE OF CONGRESS.—It is the sense of (c) RECOMPUTATION OF ANNUITIES.—(1) Ef- Congress that any law enacted after the date fective on the first day of each month re- the period ending on September 30 of that of the enactment of this Act which includes ferred to in paragraph (2)— year’’. (3) FUNDING.—Subsection (k) of that sec- provisions terminating or reducing the con- (A) each annuity under section 1450 of title tion is amended by adding at the end the fol- tributions of members of the Armed Forces 10, United States Code, that commenced be- lowing new paragraph (4): for basic educational assistance under sub- fore that month, is computed under a provi- chapter II of chapter 30 of title 38, United ‘‘(4) If no funds are appropriated to the sion of section 1451 of that title amended by Commission by the end of the second session States Code, should terminate or reduce by subsection (a), and is payable for that month of the 106th Congress for the activities of the an identical amount the contributions of shall be recomputed so as to be equal to the Commission that commence in 2001, the Sec- members of the Armed Forces for such as- amount that would be in effect if the percent retary may transfer to the Commission for sistance under section of section 3018D of applicable for that month under that provi- purposes of its activities under this part that that title, as added by subsection (a). sion, as so amended, had been used for the commence in that year such funds as the (d) TERMINATION OF TRIANA PROGRAM OF initial computation of the annuity; and Commission may require to carry out such NASA.—(1) The Administrator of the Na- (B) each supplemental survivor annuity activities. The Secretary may transfer funds tional Aeronautics and Space Administra- under section 1457 of such title that com- under the preceding sentence from any funds tion shall terminate the Triana program. menced before that month and is payable for available to the Secretary. Funds so trans- (2) Notwithstanding any other provision of that month shall be recomputed so as to be law, no funds authorized to be appropriated ferred shall remain available to the Commis- equal to the amount that would be in effect sion for such purposes until expended.’’. for the National Aeronautics and Space Ad- if the percent applicable for that month (5) TERMINATION.—Subsection (l) of that ministration fiscal year 2000 may be obli- under that section, as amended by this sec- section is amended by striking ‘‘December gated or expended for the Triana program, tion, had been used for the initial computa- 31, 1995’’ and inserting ‘‘September 30, 2002’’. except $2,500,000 which shall be available for tion of the supplemental survivor annuity. (b) PROCEDURES.— obligation and expenditure in that fiscal (2) The requirements for recomputation of (1) FORCE-STRUCTURE PLAN.—Subsection year only for the costs of termination of the annuities under paragraph (1) apply with re- (a)(1) of section 2903 of that Act is amended program. spect to the following months: by adding at the end the following: ‘‘The (A) The first month that begins after the Secretary shall also submit to Congress a THURMOND (AND OTHERS) date of the enactment of this Act. force-structure plan for fiscal year 2002 that AMENDMENT NO. 391 (B) October 2004. meets the requirements of the preceding sen- (d) RECOMPUTATION OF RETIRED PAY REDUC- tence not later than March 30, 2001.’’. (Ordered to lie on the table.) TIONS FOR SUPPLEMENTAL SURVIVOR ANNU- (2) SELECTION CRITERIA.—Subsection (b) of Mr. THURMOND (for himself, Mr. ITIES.—The Secretary of Defense shall take such section 2903 is amended— MCCAIN, Ms. COLLINS, Mr. HUTCHINSON, such actions as are necessitated by the (A) in paragraph (1), by inserting ‘‘and by Mr. CLELAND, Mr. COCHRAN, Mr. BURNS, amendments made by subsection (b) and the no later than March 1, 2001, for purposes of activities of the Commission under this part Mr. LOTT, Mr. MACK, and Ms. SNOWE) requirements of subsection (c)(1)(B) to en- sure that the reductions in retired pay under that commence in 2001,’’ after ‘‘December 31, submitted an amendment intended to 1990,’’; and be proposed by them to the bill, S. 1059, section 1460 of title 10, United States Code, are adjusted to achieve the objectives set (B) in paragraph (2)(A)— supra; as follows: (i) in the first sentence, by inserting ‘‘and forth in subsection (b) of that section. In title VI, at the end of subtitle D, add the by no later than April 15, 2001, for purposes following: of activities of the Commission under this GRAMM (AND OTHERS) SEC. 659. COMPUTATION OF SURVIVOR BENE- part that commence in 2001,’’ after ‘‘Feb- FITS. AMENDMENT NO. 392 ruary 15, 1991,’’; and (ii) in the second sentence, by inserting ‘‘, (a) INCREASED BASIC ANNUITY.—(1) Sub- Mr. GRAMM (for himself, Mr. HATCH, section (a)(1)(B)(i) of section 1451 of title 10, or enacted on or before May 15, 2001, in the and Mr. THURMOND) proposed an case of criteria published and transmitted United States Code, is amended by striking amendment to the bill, S. 1059, supra; ‘‘35 percent of the base amount.’’ and insert- under the preceding sentence in 2001’’ after ing ‘‘the product of the base amount and the as follows: ‘‘March 15, 1991’’. (3) DEPARTMENT OF DEFENSE RECOMMENDA- percent applicable for the month. The per- On page 284, strike all on line 7 through line 14 on page 286. TIONS.—Subsection (c) of such section 2903 is cent applicable for a month is 35 percent for amended— months beginning on or before the date of (A) in paragraph (1), by striking ‘‘and the enactment of the National Defense Au- McCAIN (AND OTHERS) March 1, 1995,’’ and inserting ‘‘March 1, 1995, thorization Act for Fiscal Year 2000, 40 per- AMENDMENT NO. 393 and September 1, 2001,’’; cent for months beginning after such date (B) by redesignating paragraphs (4), (5), and before October 2004, and 45 percent for Mr. MCCAIN (for himself, Mr. LEVIN, and (6) as paragraphs (5), (6), and (7), respec- months beginning after September 2004.’’. Mr. BRYAN, Mr. LEAHY, Mr. KOHL, Mr. tively; (2) Subsection (a)(2)(B(i)(I) of such section LIEBERMAN, Mr. ROBB, Mr. KYL, Mr. (C) by inserting after paragraph (3) the fol- is amended by Striking ‘‘35 percent’’ and in- HAGEL, and Mr. CHAFEE) proposed an lowing new paragraph (4): serting ‘‘the percent specified under sub- amendment to the bill, S. 1059, supra; ‘‘(4)(A) In making recommendations to the section (a)(1)(B)(i) as being applicable for the as follows: Commission under this subsection in 2001, month’’. the Secretary shall consider any notice re- (3) Subsection (c)(1)(B)(i) of such section is On page 450, below line 25, add the fol- ceived from a local government in the vicin- amended— lowing: ity of a military installation that the gov- (A) by striking ‘‘35 percent’’ and inserting SEC. 2822. AUTHORITY TO CARRY OUT BASE CLO- ernment would approve of the closure or re- ‘‘the applicable percent’’; and SURE ROUND COMMENCING IN 2001. alignment of the installation. (B) by adding at the end the following: (a) COMMISSION MATTERS.— ‘‘(B) Notwithstanding the requirement in ‘‘The percent applicable for a month under (1) APPOINTMENT.—Subsection (c)(1) of sec- subparagraph (A), the Secretary shall make the preceding sentence is the percent speci- tion 2902 of the Defense Base Closure and Re- the recommendations referred to in that sub- fied under subsection (a)(1)(B)(i) as being ap- alignment Act of 1990 (part A of title XXIX paragraph based on the force-structure plan plicable for the month.’’. of Public Law 101–510; 10 U.S.C. 2687 note) is and final criteria otherwise applicable to (4) The heading for subsection (d)(2)(A) of amended— such recommendations under this section. such section is amended to read as follows: (A) in subparagraph (B)— ‘‘(C) The recommendations made by the ‘‘COMPUTATION OF ANNUITY.—’’. (i) by striking ‘‘and’’ at the end of clause Secretary under this subsection in 2001 shall (b) ADJUSTED SUPPLEMENTAL ANNUITY.— (ii); include a statement of the result of the con- Section 1457(b) of title 10, United States (ii) by striking the period at the end of sideration of any notice described in sub- Code, is amended— clause (iii) and inserting ‘‘; and’’; and paragraph (A) that is received with respect S5974 CONGRESSIONAL RECORD — SENATE May 25, 1999 to an installation covered by such rec- NOTICE OF HEARING to meet during the session of the Sen- ommendations. The statement shall set forth COMMITTEE ON ENERGY AND NATURAL ate on Tuesday, May 25, 1999 at 10 a.m. the reasons for the result.’’; and in room 226 of the Senate Dirksen Of- (D) in paragraph (7), as so redesignated— RESOURCES (i) in the first sentence, by striking ‘‘para- Mr. MURKOWSKI. Mr. President, I fice Building to hold a hearing on: graph (5)(B)’’ and inserting ‘‘paragraph would like to announce for the public ‘‘Copyright Office Report on Distance (6)(B)’’; and that an oversight hearing has been Education in the Digital Environ- (ii) in the second sentence, by striking ‘‘24 scheduled before the Committee on En- ment.’’ hours’’ and inserting ‘‘48 hours’’. ergy and Natural Resources. The PRESIDING OFFICER. Without (4) COMMISSION REVIEW AND RECOMMENDA- objection, it is so ordered. TIONS.—Subsection (d) of such section 2903 is The hearing will take place on Thurs- SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC amended— day, June 10, 1999 at 9:30 a.m. in room (A) in paragraph (2)(A), by inserting ‘‘or by SD–366 of the Dirksen Senate Office PRESERVATION AND RECREATION Mr. ROBERTS. Mr. President, I ask no later than February 1, 2002, in the case of Building in Washington, DC. unanimous consent that the Sub- recommendations in 2001,’’ after ‘‘pursuant The purpose of this hearing is to re- committee on National Parks, Historic to subsection (c),’’; ceive testimony on the report of the (B) in paragraph (4), by inserting ‘‘or after Preservation and Recreation of the National Recreation Lakes Study Com- February 1, 2002, in the case of recommenda- Committee on Energy and Natural Re- mission. tions in 2001,’’ after ‘‘under this subsection.’’; sources be granted permission to meet Those wishing to testify or who wish and during the session of the Senate on (C) in paragraph (5)(B), by inserting ‘‘or by to submit written statements should Tuesday, May 25, for purposes of con- no later than October 15 in the case of such write to the Committee on Energy and recommendations in 2001,’’ after ‘‘such rec- ducting a subcommittee hearing which Natural Resources, U.S. Senate, Wash- is scheduled to begin at 2:15 p.m. The ommendations,’’. ington, DC 20510. For further informa- (5) REVIEW BY PRESIDENT.—Subsection (e) purpose of this hearing is to receive of such section 2903 is amended— tion, please call Kelly Johnson at (202) testimony on S. 140, a bill to establish (A) in paragraph (1), by inserting ‘‘or by no 224–4971. the Thomas Cole National Historic Site later than February 15, 2002, in the case of f in the State of New York as an affili- recommendations in 2001,’’ after ‘‘under sub- section (d),’’; AUTHORITY FOR COMMITTEES TO ated area of the National Park System, (B) in the second sentence of paragraph (3), MEET and for other purposes; S. 734, the Na- by inserting ‘‘or by no later than March 15, tional Discovery Trails Act of 1999; S. COMMITTEE ON ENERGY AND NATURAL 2002, in the case of 2001,’’ after ‘‘the year con- 762, a bill to direct the Secretary of the RESOURCES cerned,’’; and Interior to conduct a feasibility study Mr. ROBERTS. Mr. President, I ask (C) in paragraph (5), by inserting ‘‘or by on the inclusion of the Miami Circle unanimous consent that the Com- April 1, 2002, in the case of recommendations Biscayne National Park; S. 938, a bill in 2001,’’ after ‘‘under this part,’’. mittee on Energy and Natural Re- to eliminate restrictions on the acqui- (c) CLOSURE AND REALIGNMENT OF INSTAL- sources be granted permission to meet sitions of certain land contiguous to LATIONS.—Section 2904(a) of that Act is during the session of the Senate on Hawaii Volcanoes National Park, and amended— Tuesday, May 25, for purposes of con- (1) by redesignating paragraphs (3) and (4) for other purposes; S. 939, a bill to cor- as paragraphs (4) and (5), respectively; and ducting a full committee hearing rect spelling errors in the statutory (2) by inserting after paragraph (2) the fol- which is scheduled to begin at 10 a.m. designations of Hawaiian National lowing new paragraph (3): The purpose of this oversight hearing Parks; S. 946, a bill to authorize the ‘‘(3) carry out the privatization in place of is to receive testimony on State Secretary of the Interior to transfer a military installation recommended for clo- Progress in Retail Electricity Competi- sure or realignment by the Commission in a administrative jurisdiction over land tion. within the boundaries of the Home of report in 2002 only if privatization in place is The PRESIDING OFFICER. Without a method of closure or realignment of the in- Franklin D. Roosevelt National His- stallation specified in the recommendation objection, it is so ordered. toric Site to the Archivist of the of the Commission in the report and is deter- COMMITTEE ON ENVIRONMENT AND PUBLIC United States for the construction of a mined to be the most-cost effective method WORKS visitor center; and S. 955, a bill to of implementation of the recommendation;’’. Mr. ROBERTS. Mr. President, I ask allow the National Park Service to ac- (d) RELATIONSHIP TO OTHER BASE CLOSURE unanimous consent that the full Com- quire certain land for addition to the AUTHORITY.—Section 2909(a) of that Act is mittee on Environment and Public amended by striking ‘‘December 31, 1995,’’ Wilderness Battlefield in Virginia, as and inserting ‘‘September 30, 2002,’’. Works be granted permission to con- previously authorized by law, by pur- (e) TECHNICAL AND CLARIFYING AMEND- duct a hearing on reauthorization of chase. MENTS.— the Comprehensive Environmental Re- SUBCOMMITTEE ON NEAR EASTERN AND SOUTH (1) COMMENCEMENT OF PERIOD FOR NOTICE OF sponse, Liability and Compensation ASIAN AFFAIRS INTEREST IN PROPERTY FOR HOMELESS.—Sec- Act of 1980, Tuesday, May 25, 10 a.m., Mr. ROBERTS. Mr. President, I ask tion 2905(b)(7)(D)(ii)(I) of that Act is amend- Hearing Room (SD–406). unanimous consent that the Sub- ed by striking ‘‘that date’’ and inserting The PRESIDING OFFICER. Without ‘‘the date of publication of such determina- committee on Near Eastern and South tion in a newspaper of general circulation in objection, it is so ordered. Asian Affairs be authorized to meet the communities in the vicinity of the in- COMMITTEE ON FINANCE during the session of the Senate on stallation under subparagraph (B)(i)(IV)’’. Mr. ROBERTS. Mr. President, the Fi- Tuesday, May 25, 1999 at 10 a.m. to hold (2) OTHER CLARIFYING AMENDMENTS.— nance Committee requests unanimous a hearing. (A) That Act is further amended by insert- consent to conduct a hearing on Tues- The PRESIDING OFFICER. Without ing ‘‘or realignment’’ after ‘‘closure’’ each day, May 25, 1999 beginning at 10 a.m. objection, it is so ordered. place it appears in the following provisions: (i) Section 2905(b)(3). in room 215 Dirksen. f The PRESIDING OFFICER. Without (ii) Section 2905(b)(4)(B)(ii). ADDITIONAL STATEMENTS (iii) Section 2905(b)(5). objection, it is so ordered. (iv) Section 2905(b)(7)(B)(iv). COMMITTEE ON FOREIGN RELATIONS (v) Section 2905(b)(7)(N). (vi) Section 2910(10)(B). Mr. ROBERTS. Mr. President, I ask NATIONAL MISSING CHILDREN’S (B) That Act is further amended by insert- unanimous consent that the Com- DAY ing ‘‘or realigned’’ after ‘‘closed’’ each place mittee on Foreign Relations be author- Mr. GRAMS. Mr. President, I rise in appears in the following provisions: ized to meet during the session of the today to promote awareness of missing (i) Section 2905(b)(3)(C)(ii). Senate on Tuesday, May 25, 1999 at 2:15 (ii) Section 2905(b)(3)(D). children and honor those who selflessly (iii) Section 2905(b)(3)(E). p.m. to hold a hearing. work to search and rescue the thou- (iv) Section 2905(b)(4)(A). The PRESIDING OFFICER. Without sands of children who disappear each (v) Section 2905(b)(5)(A). objection, it is so ordered. year. As my colleagues may know, (vi) Section 2910(9). COMMITTEE ON THE JUDICIARY (vii) Section 2910(10). today is recognized as ‘‘National Miss- (C) Section 2905(e)(1)(B) of that Act is Mr. ROBERTS. Mr. President, I ask ing Children’s Day.’’ amended by inserting ‘‘, or realigned or to be unanimous consent that the Com- According to a recent U.S. Depart- realigned,’’ after ‘‘closed or to be closed’’. mittee on the Judiciary be authorized ment of Justice study, annually there May 25, 1999 CONGRESSIONAL RECORD — SENATE S5975 are over 114,000 attempted abductions her retirement and thank her for an status is awarded to schools which of children by nonfamily members, outstanding career which has enhanced have strong leadership; a clear vision 4,500 child abductions reported to po- the lives of so many. I wish her contin- and sense of mission that is shared by lice, and 438,200 children who are lost, ued success in the years ahead.∑ all connected with the school; high injured, or otherwise missing. These f quality teaching; challenging, up-to- numbers are truly cause for concern by date curriculum; policies and practices TRIBUTE TO IRENE AUBERLIN all Americans. that ensure a safe environment condu- As a parent, I believe local commu- ∑ Mr. ABRAHAM. Mr. President, I rise cive to learning; a solid commitment nities, schools, faith-based organiza- today to pay tribute to the late Irene to family involvement; evidence that tions and law enforcement should be Auberlin, the ‘‘Mother Teresa’’ of De- the school helps all students achieve encouraged to work together to protect troit. high standards; and a commitment to the most vulnerable members of our so- Mrs. Auberlin is the founder of World share the best practices with other ciety—children. From a federal per- Medical Relief (WMR), an organization schools. spective, I am proud to be a cosponsor which, to date, has distributed more After a screening process by each of legislation to reauthorize the Na- than $500 million worth of medical State Department of Education, the tional Center for Missing and Exploited goods both in Detroit area, where she Department of Defense Dependent Children and the Runaway and Home- lived, and abroad. Schools, the Bureau of Indian Affairs, less Youth Program through the next Mrs. Auberlin was a quiet home- and the Council for American Private five years. The National Center for maker until she saw a television pro- Education, the Blue Ribbon School Missing and Exploited Children oper- gram about orphans in Korea in 1953. nominations were forwarded to the ates under a Congressional mandate She provided supplies to the nuns who U.S. Department of Education. A panel and works in conjunction with the U.S. ran the orphanage, thus beginning over of outstanding educators from around Department of Justice’s Office of Juve- 46 years of service to the poor. Since the country then reviewed the nomina- nile Justice on Delinquency Preven- then, WMR has sent food, medical tions, selected schools for site visits, tion. I know my colleagues would agree equipment, and supplies throughout and made recommendations to Sec- that the Center has an outstanding the United States and to over 120 coun- retary of Education Richard Riley. record of safely recovering missing tries. In 1966, WMR began a monthly The ten winning Maryland elemen- children across the country, and most prescription program that still exists tary schools are as follows: recently achieved a 91 percent recovery today, providing medicine to elderly Ashburton Elementary School, lo- rate. poor in the Detroit area. cated in Bethesda, is home to 515 stu- Mr. President, as we remember the Mrs. Auberlin received over 60 awards dents and 64 staff members which pro- many missing children across the na- and commendations, including The vide for a richly diverse school commu- tion today, I want to especially recog- President’s Volunteer Action Award nity with an exemplary record of stu- nize the relentless work and effort to and Silver Medal, presented to her by dent achievement and an outstanding protect our nation’s children by Min- President Reagan. academic program. This award also nesota’s Jacob Wetterling Foundation. On behalf of the residents of Michi- credits the SHINE Program—Success- The Foundation was established by gan, the United States, and elsewhere, ful, Helpful, Imaginative, Neighborly, Jerry and Patty Wetterling after their I want to thank Irene for all that she and Enthusiastic—with recognizing son, Jacob, was abducted by a masked did to help those in need.∑ students who participate positively in man at gunpoint near the Wetterling f the school community. home in St. Joseph, Minnesota. Today, Brook Grove Elementary School, lo- NATIONAL BLUE RIBBON SCHOOLS the Jacob Wetterling Foundation is a cated in Olney, not only has a com- IN MARYLAND national, non-profit foundation com- mendable academic strategy, but also mitted to preventing the exploitation ∑ Mr. SARBANES. Mr. President, I am is recognized as a school that encour- of children through educating, raising pleased to announce that ten elemen- ages excellence in the arts and in ath- awareness and responding to families tary schools throughout Maryland letics, and values individuality and di- who are victims of abduction. have been named Blue Ribbon School versity as critical to the well-being of Mr. President, our children represent Award winners by the United States the student body. our future and we must continue our Department of Education. These Our Lady of Mercy School is a co- work to keep them safe. Again, I com- schools are among only 266 elementary educational Catholic school in Poto- mend the numerous volunteers, organi- schools nationwide to be honored with mac that combines traditions of aca- zations, and government agencies who this award, the most prestigious na- demic excellence, intellectual curiosity all work on a daily basis to find miss- tional school recognition for public and and fundamental moral and religious ing children and prevent others from private schools. values in a successful program that has disappearing. The designation as a Blue Ribbon almost half of its 283 students meeting f School is a ringing endorsement of the the criteria of giftedness set by the In- TRIBUTE TO RUTH A. GELLER successful techniques which enable the stitute for the Academic Advancement ∑ Mr. LIEBERMAN. Mr. President I students of these schools to succeed of Youth. rise today to pay a well-deserved trib- and achieve. Over the past few years, I Oak Hill Elementary School, the ute to Ruth A. Geller, MSW on the oc- have made a commitment to visit the most culturally and economically di- casion of her retirement from the Con- Blue Ribbon Schools and have always verse school in the Severna Park area, necticut Mental Health Center after 25 been delighted to see first hand the prioritizes parental involvement in the years of service as a psychiatric social interaction between parents, teachers, successful pursuit of quality education worker supervisor. and the community, which strongly for its students. The concept of the Ruth has demonstrated exceptional contributed to the success of the ‘‘Oak Hill School Family’’ aims to pro- compassion, dedication, and profes- school. I look forward to visiting each vide a safe and nurturing school envi- sionalism in caring for the severely, of these ten schools and congratulating ronment, a strong academic program chronically mentally impaired of Con- the students, teachers and staff person- and a philosophy that encourages com- necticut. As a mentor and teacher, ally for this exceptional accomplish- munity involvement. Ruth has trained a generation of men- ment. Salem Avenue Elementary School, tal health professionals with the same According to the Department of Edu- located in Hagerstown, has made great devotion she has brought to her clin- cation, Blue Ribbon Schools have been strides in the last decade and, as a ical work. As a result, Ruth has in- judged to be particularly effective in leader in Washington County, is a stilled in them the ability to become meeting local, state and national goals. school of many ‘‘firsts,’’ including respectful, empathetic mental health These schools also display the qualities being the first Title 1 school to receive providers. of excellence that are necessary to pre- a satisfactory or excellent rating in all I am proud to stand before the Sen- pare our young people for the chal- areas of the Maryland School Perform- ate to congratulate Ruth Geller upon lenges of the next century. Blue Ribbon ance Assessment Program (MSPAP); S5976 CONGRESSIONAL RECORD — SENATE May 25, 1999 the first elementary school to be Corporation, delivered remarks at the ing to deliver the right product to the right named a Blue Ribbon School; the first Virginia Chamber of Commerce Con- customer at the right time and at the right to create and appoint the position of gressional Dinner last month. Capital price—a strategy we call mass Curriculum Coordinator; and the first One, headquartered in Falls Church, customization. And we saw the credit card as a perfect candidate for this strategy. Ten to be named a National Distinguished Virginia, is one of the fastest growing years ago, virtually every credit card in the School. private employers in my state. Mr. U.S. was priced at 19.8 percent interest rate Templeton Elementary School, lo- Fairbank’s remarks offered invaluable with a $20 fee. Yet people varied widely in cated in Riverdale, is an award winning insight into the challenges and oppor- their default risk, their financial cir- Prince George’s County school which tunities the technology revolution is cumstances and their needs. has made dramatic gains on the Mary- producing in both the private and pub- Our dream was to build a high-tech infor- land School Performance Assessment lic sectors, and I ask that they be mation-based marketing company to change Program (MSPAP). Templeton’s mis- printed in the RECORD. all that. The problem was we had no money sion is to provide its diverse student The remarks follow: and no experience in the credit card busi- ness. We needed a sponsor. So, Nigel and I REMARKS BY RICHARD D. FAIRBANK, VIRGINIA body with the knowledge and skills to embarked on a national journey to every fi- CHAMBER OF COMMERCE CONGRESSIONAL be productive members of society. nancial institution that would talk to us. DINNER, APRIL 29, 1999 Vienna Elementary School, located The good news is that we got audiences with in Vienna, is a small, rural school Members of Congress, distinguished guests, the top management of 20 of the top 25 banks which draws from a large geographical ladies and gentlemen. Let me first take the in America. The bad news is that every one opportunity to thank the Virginia Chamber of them rejected it. But finally, a year into area and is an integral part of the com- for supporting Virginia’s business commu- munity. With virtually no staff turn- our journey, we found a sponsor right here in nity. It is an honor to join you this evening our backyard. Signet Bank in Richmond. over and a strong School Improvement to share a bit of the Capital One story and And so Capital One was born. For years we give you my thoughts about the challenges Team, students, staff and parents form worked to build the business, to build the facing the Virginia business community as a close-knit community and serve as a technology and operations to customize deci- we move into the 21st Century. model in the district for student sion-making at the individual account level. First, a comment about Virginia. What a achievement, staff commitment and Four years into it, we still had no success. wonderful state we live in! I am reminded of Yet Signet never lost faith, despite nearly participatory leadership, including de- that everyday. The irony is, Virginia was not going under themselves with real estate loan velopment of character and ethical where I was supposed to live. I grew up in problems. Finally, we cracked the code of judgment. California, and thought I would always live mass customizing credit cards. And in 1992 West Annapolis Elementary School, in California. When I graduated from busi- we launched credit cards at dramatically situated in downtown Annapolis, was ness school, I applied only to California lower prices for consumers with good credit. firms, except for one company in D.C., and used as an example by the Maryland And we’ve never looked back. only because they were just about to start a State Department of Education for two Today we have thousands of product vari- videotapes highlighting outstanding San Francisco office. When my wife and I came out here, we fell in love with Virginia, ations for our customers. Including products teachers. This award also credits West and never went to that San Francisco office. like our Miles One card that gives mileage Annapolis’ belief in the importance of So now we’ve been Virginians for 18 years, credit on any airline, with no blackout pe- a united school community as evident and we’re here to stay. My wife and I and our riod, and with a 9.9 percent fixed interest in its concept of TEAM/excellence four children live right here in Fairfax Coun- rate. We can price this low because we use which works to improve the teaching ty. technology and information to make sure that our low-risk customers don’t have to and learning environment in which stu- And our larger family—our COF family— now numbers 8,000 associates in Virginia—in subsidize high-risk customers. By 1994, we dents can excel. had grown to 6 million customers. Signet The Summit School is a non-profit Richmond, Chesterfield, Fredericksburg and Northern Virginia. Virginians have a won- Bank spun off Capital One, and we became a school that was created 10 years ago to derful blend of Southern charm and tradition fully independent company. promote literacy and school success mixed with a very positive spirit that be- But our dream was just beginning. Because among children with unique edu- lieves in possibility. It’s a magical combina- we never defined ourselves as a credit card cational needs, namely bright students tion. It’s made Virginia a great home for company. We’re a technology-based mar- that are disabled readers. Summit, lo- COF. Capital One’s growth has at times sur- keting company. So, we have taken this very cated in Edgewater, enables students passed our capacity to hire here in Virginia, same strategy and expanded into other fi- so we have expanded into Florida, Texas, nancial products like deposits, installment to come to understand their own loans and auto loans. We’ve also taken our unique learning styles by identifying Washington State, Massachusetts and the UK. But our first choice is always to grow as strategy internationally to the UK and Can- their strengths and weaknesses much as we can right here at home. Just last ada so far. And, we even entered the tele- through a variety of individualized year, we added 3,500 new jobs here in Vir- communications industry, creating a com- strategies. ginia. This year we’ve announced we’re add- pany called America One, where we are mar- The Trinity School, located in ing another 3,000 new jobs in Virginia, but keting wireless phones. While everyone else Ellicott City is an independent, co-ed truth be told, we’ll probably exceed that markets wireless phones through stores, we Catholic school that was designated as number significantly. are selling direct, tailoring each offer to our Tonight I’ve been asked to talk about how customers’ needs. The strategy appears to be an Exemplary School by the U.S. De- working. We are now in 41 states. And Amer- partment of Education in 1990. Trinity the business world is changing, using Capital One as an example. I think the story of Cap- ica One is now the largest direct marketer of offers a challenging curriculum while ital One is a story of what happens when a wireless phones in the U.S. Our next frontier also offering a variety of community band of believers fixates on a vision of how at Capital One is the Internet, which is a outreach programs to involve students the world is changing, and pours everything perfect medium for our strategy of informa- and their families in extracurricular they have into getting there. Today, Capital tion-based mass customization. We are mobi- activities. One is one of the fastest growing companies lizing a major effort to be a big player in the These ten elementary schools in the in the country. But it wasn’t always that Internet. So from credit cards to wireless State of Maryland represent a model way. In fact if you had asked anyone 12 years phones, from the U.S. to the UK, and from the mailbox to the Internet, we’ve been able for schools across the nation. Their ago to bet even one dime on Nigel Morris and myself and the dream we had, you wouldn’t to keep the growth going at Capital One. We hard work and dedication has resulted have found many takers. I know that for a now have 18 million customers, and are in a tremendous achievement for the fact. Because we were out there asking. And growing by 15,000 customers a day. students, teachers, parents and com- they weren’t taking. Capital One’s success in many ways has munity. This committed partnership Our dream was this. We believed informa- come simply from understanding and em- proves that a concerned community tion technology could revolutionize the way bracing the inexorable implications of the can produce excellent results.∑ marketing is done. The most basic truth of technology revolution. First, that marketing marketing is that every person has unique will be revolutionized. And second, that f needs and wants. Yet from the beginning, technology is changing the leverage of the VIRGINIA CHAMBER OF COM- companies have tended to respond to those human mind. This insight has massive impli- MERCE CONGRESSIONAL DINNER needs with a one-size fits-all approach, be- cations for human resources. One hundred cause they can’t accommodate the unique years ago, in factories and farms, the smart- Mr. ROBB. Mr. President, Richard D. needs of thousands or millions of customers. est or most educated workers were not nec- Fairbank, Chairman and Chief Execu- But we saw the possibility to change all essarily the most productive. But the com- tive Officer of Capital One Financial that. To use technology and scientific test- puter and the Internet can take the human May 25, 1999 CONGRESSIONAL RECORD — SENATE S5977 mind to a quantum new level. In the tech- not producing enough technology graduates are better positioned to grow and attract nology age, the key asset in a company is its to meet the demands of companies like Cap- consumers into this new business channel. knowledge capital. ital One. This forces companies to look else- All these new technologies also bring a And to us, this meant that our greatest im- where to meet their needs for technology need to act responsibly with our customers’ perative is recruiting and developing incred- workers. And elsewhere includes overseas. information. Information is the lifeblood of ibly talented workers. If there’s one thing Nations like India and China are producing companies like Capital One, who use it to that is talked about the most and delivered many more engineering and technology de- tailor products for the individual consumer upon the least, it is this—recruiting the best grees than the United States. Many of the at the best possible price. It’s why we have people. At Capital One, we have made it the leading technology companies are building been able to help bring down the cost of cred- number one corporate imperative. In fact, I massive programming shops in those coun- it cards and other products—and simplify the tries, sending the programming specifica- believe that the single biggest reason for process of obtaining them. The same is true tions from the US. We need to reverse that Capital One’s success is a totally fanatical for the Richmond-based grocery store trend and work with our universities to commitment to recruiting. It is the most im- UKROPS, Geico, EBAY and thousands of produce more technology graduates here at portant job for every executive and manager other companies. We must find a balance be- home. in the company. The average executive at tween the clear economic benefits that de- However, this will not happen overnight. Capital One spends about one full day a week rive from access to information and the re- In the interim, in order to meet our current recruiting. It’s an incredible commitment. sponsibility we all owe to our customers to needs, our immigration policies must be Our future depends on it. safeguard their personal information. Com- flexible. Congress provided a small measure So that’s the Capital One story. I believe panies need to lead the way. Like many com- of help last year by raising the cap on H1–B that many of the things I’ve said about Cap- panies, Capital One has developed a com- visas thereby allowing more high tech work- ital One have direct relevance to Virginia prehensive privacy policy to ensure that our and its challenges. Like Capital One, Vir- ers from outside the United States to come into the country. Clearly, this is a step in customers’ personal information is used ap- ginia is enjoying exceptional growth, fueled propriately with very clear limitations. significantly by being a leader in tech- the right direction. But, much more must be done if we are going to meet the needs of While we must be vigilant about consumers’ nology. The good news is that the entire privacy, I believe that restrictive legislation Commonwealth is benefiting from the boom- Virginia’s growing high-tech industry. Growing up in the San Francisco mid-pe- in this area would turn back the clock and ing economy. It seems that economic expan- ninsula, I witnessed firsthand the develop- actually hurt consumers. sions are announced every week in Virginia. ment of Silicon Valley—now the technology We also must be prepared to meet the basic But Virginia cannot rest on its laurels. capital of the world. The same thing can day-to-day demands that a fast-growing While Virginia has done a good job at at- happen here. We are well underway. In fact, economy will place on Virginia and its com- tracting high quality, high salaried jobs pro- the Internet revolution has its roots in Vir- munities. While technology and e-commerce viding unprecedented opportunities for all ginia. Virginia is already the home to more are making the world a smaller place, the re- Virginians, we continue to face many chal- than 2,500 technology businesses that employ ality is that people will still need to get to lenges that need attention from both our po- more than 250,000 people. It includes AOL, work. With a booming national economy and litical and business leaders. Let me mention UUNET, and P-S-I Net. With more than half low unemployment, our workers have just a few . . . the Internet traffic flowing through Vir- choices. If they cannot get to and from their The greatest challenge for Virginia’s rap- ginia, we must continue to expand on our places of employment, these highly skilled idly growing companies is to attract and re- reputation as a technology center and the individuals will relocate. You can read the tain the most talented employees who have Internet hub of the United States. Let’s survey results or simply talk to your em- the technical skills to lead our businesses build upon our fast start. ployees: transportation is most often cited into the 21st century. There are nearly 25,000 While Virginia owns the infrastructure of as the number one quality-of-life issue by unfilled technology related jobs in Northern the Internet, with the exception of AOL and most working people, especially here in Virginia alone and the Department of Com- a few others, we do not have a major pres- Northern Virginia. Thanks to the hard work merce predicts that nearly every new job ence in marketing e-commerce. That means of the Virginia Delegation more Federal dol- created from now on will require some level more dot/com companies. YAHOO!, Ama- lars are flowing to Virginia than ever before of technology expertise. This poses the zon.com, EBAY, Charles Schwab and most for transportation. We must continue to greatest threat to Virginia’s economic other leading e-commerce firms are not lo- work together to address this issue. growth. cated here in Virginia. These businesses are We must start with quality education. Vir- redefining retail channels—and we must So those are a few of my thoughts of the ginia already has world-class institutions of make certain that Virginia cultivates and biggest challenges and opportunities we face higher learning, and I am pleased that Cap- attracts these types of companies. We need as we move into the 21st century. The world ital One is tapped into this talent. Many to be more than the infrastructure backbone is changing so fast, it’s hard to make sense companies, such as ours, are partnering with of the Internet. The growth of e-commerce is of it all, and to know where we all fit in. We our university system to help design cur- just beginning. And already, it is affecting can’t predict the future. But, I believe that riculum and training for a multitude of jobs. everyone, everywhere, everyday. Business one can identify a few trends that are abso- We also offer a full tuition reimbursement will never be the same again. lutely inexorable. The story of Capital One is plan to every one of our 11,000 associates to And new economic realities lead to new po- an example of doing that. The key for Cap- encourage them to seek continuing edu- litical realities. Our public policies must ital One has been to see a few of those inex- cation. Also, to help address our acute short- give this new technology and way of doing orable trends and try to get there first. No age of technology workers, we offer our non- business time to develop. For example, as matter what it took. Whether or not we had technical associates the opportunity to be the Internet revolution is exploding, some the skills or market portion to make it hap- retrained and shifted into one of our many have suggested that we create taxes on pen. Because we had destiny on our side. unfilled technology jobs. I am pleased that Internet transactions. I believe that would Many people and many companies and many of our associates have taken us up on be a big mistake. I know that Governor Gil- many politicians don’t think this way. They these opportunities. more is currently leading a Commission tend to think incrementally. That’s a risky But Capital One can’t get there from here studying Internet taxation issues on the na- cause of action in a world that’s changing so simply by training and developing our asso- tional level. Their decisions can have a lot of fast. Virginia is in a great position to the ciates. It certainly will not meet our long- impact on a rapidly growing industry still in lead the way into the 21st century. Let’s term needs. We need to recruit on a massive its infancy. With sound legislation, such as make sure we think big and do what it takes scale. Simply put, Virginia’s universities are the Internet Tax Freedom Act, companies to get there. Thanks.∑ S5978 CONGRESSIONAL RECORD — SENATE May 25, 1999 MEASURE READ THE FIRST A bill (H.R. 1183) to amend the Fastener PROGRAM TIME—S.J. RES. 26 Quality Act to strengthen the protection against the sale of mismarked, misrepre- Ms. SNOWE. Mr. President, for the Ms. SNOWE. Mr. President, I under- sented, and counterfeit fasteners and elimi- information of all Senators, the Senate stand that S.J. Res. 26, introduced ear- nate unnecessary requirements, and for will resume consideration of the De- lier by Senator SMITH of New Hamp- other purposes. partment of Defense authorization bill shire, is at the desk, and I ask that it There being no objection, the Senate at 9:30 a.m. and expect to debate an be read the first time. proceeded to consider the bill. amendment by Senator BROWNBACK re- The PRESIDING OFFICER. The Ms. SNOWE. Mr. President, I ask garding Pakistan, to be followed by an clerk will report. unanimous consent that the bill be amendment by Senator KERREY of Ne- The assistant legislative clerk read considered read a third time and braska regarding the strategic nuclear as follows: passed, the motion to reconsider be development system. Under a previous A joint resolution (S.J. Res. 26) expressing laid upon the table, and that any state- consent, at 11:45 a.m., the Senate will the sense of Congress with respect to the ments relating to the bill be printed in resume consideration of the BRAC court-martial conviction of the late Rear Ad- the RECORD. amendment. At least one vote will miral Charles Butler McVay, III, and calling upon the President to award a Presidential The PRESIDING OFFICER. Without occur in relation to the BRAC amend- Unit Citation to the final crew of the U.S.S. objection, it is so ordered. ment at 1:45 p.m. Therefore, Senators Indianapolis. The bill (H.R. 1183) was read the third should expect the next vote to occur at Ms. SNOWE. Mr. President, I now ask time and passed. 1:45 p.m. on Wednesday. Senators who have amendments are urged to notify for its second reading and object to my f own request. the two managers. It is the intention of the leadership to complete action on The PRESIDING OFFICER. Objec- ORDERS FOR MAY 26, 1999 tion is heard. this bill prior to the scheduled Memo- The joint resolution will be read for Ms. SNOWE. Mr. President, I ask rial Day recess. the second time on the next legislative unanimous consent that when the Sen- day. ate completes its business today, it f f stand in adjournment until 9:30 a.m. on Wednesday, May 26. I further ask that ADJOURNMENT UNTIL 9:30 A.M. FASTENER QUALITY ACT on Wednesday, immediately following TOMORROW AMENDMENTS ACT OF 1999 the prayer, the Journal of proceedings Ms. SNOWE. Mr. President, I ask be approved to date, the morning hour Ms. SNOWE. Mr. President, if there unanimous consent that the Senate be deemed to have expired, and the is no further business to come before now proceed to consideration of H.R. time for the two leaders be reserved for the Senate, I now ask unanimous con- 1183, which is at the desk. their use later in the day. I further ask sent that the Senate stand in adjourn- The PRESIDING OFFICER. The consent that the Senate then resume ment under the previous order. clerk will report. the DOD authorization bill. There being no objection, the Senate, The assistant legislative clerk read The PRESIDING OFFICER. Without at 8:52 p.m., adjourned until Wednes- as follows: objection, it is so ordered. day, May 26, 1999, at 9:30 a.m.