November 18, 2003 CONGRESSIONAL RECORD — SENATE S15029 (5) NOTICE REQUIREMENT.—The amounts may Mr. KENNEDY. I think there is a commander of the Fifth Army. I first be obligated or expended only if the Mayor noti- consent that has been agreed to where- met General Clark over 5 years ago fies the Committees on Appropriations of the by there are 2 hours equally divided, when he was commander of the 101st House of Representatives and the Senate in with 40 minutes for myself and 15 min- Airborne Division at Fort Campbell, writing 30 days in advance of any obligation or expenditure. utes for Senator DAYTON. KY. Since that time, I have known (6) AVAILABILITY OF FUNDS.—Funds made Mr. WARNER. The Senator is correct General Clark to be an honest man and available pursuant to this section shall remain on that. an excellent soldier. The military com- available until expended. Mr. KENNEDY. I will not necessarily munities in Kentucky and Tennessee This Act may be cited as the ‘‘District of Co- take all of that time. surrounding Fort Campbell admire lumbia Appropriations Act, 2004’’. Mr. WARNER. Mr. President, I thank General Clark very much. He is well re- The Presiding Officer appointed Mr. my colleague. spected throughout the Army, and we DEWINE, Mrs. HUTCHISON, Mr. Major General Clark is a highly should be grateful that we have sol- BROWNBACK, Mr. STEVENS, Ms. qualified officer for promotion to the diers like General Clark serving and LANDRIEU, Mr. DURBIN, and Mr. INOUYE rank of lieutenant general. I have met protecting our Nation. conferees on the part of the Senate. with him several times. His proposed GEN Jack Keane, who commanded f assignment by the Secretary of Defense General Clark at Fort Campbell, said is to be Commander of the Fifth U.S. this about him: RECESS Army. In my 37 years of service, I have never met The PRESIDING OFFICER. Under He was first nominated for this posi- an officer who is such a tower of character the previous order, the hour of 12:30 tion in the fall of 2002. He has appeared and integrity. His peers, subordinates, and having arrived, the Senate will stand before the Senate Armed Services Com- superiors all respect and admire him for the truly special person that he is. in recess until the hour of 2:15 p.m. mittee in executive session on two sep- Thereupon, the Senate, at 12:39 p.m., arate occasions. On both occasions he General Clark loves the Army and he recessed until 2:15 p.m. and reassem- conducted himself with deference and loves his country. Some may even say bled when called to order by the Pre- respect not only for the serious issues that General Clark was born with the desire to serve his country in his blood. siding Officer (Mr. VOINOVICH). at hand but for all persons involved in Both of his grandfathers served in both f this tragic sequence of facts which pre- ceded his nomination. World War I and World War II. His fa- EXECUTIVE SESSION He expressed great respect for the ther served for 31 years and fought in constitutionally-based advise and con- both World War II and the Korean con- sent power and the responsibility of flict. His older brother served in Viet- NOMINATION OF MAJ. GEN. ROB- the Senate to look into this nomina- nam. One of his younger brothers is an ERT T. CLARK TO BE LIEUTEN- tion with great thoroughness. Not sur- Air Force colonel, and another brother ANT GENERAL prisingly, General Clark has the full is an Army lieutenant colonel on the The PRESIDING OFFICER. The Sen- support of the Chief of Staff of the front lines in Korea. The Clark family has made many ator from Virginia. Army, General Schoomaker, and the sacrifices so that future generations of Mr. WARNER. Mr. President, pursu- civilian leadership of the Army for this Americans can live in peace. General ant to the order of November 14, I ask promotion. Indeed, the Secretary of Clark has given 33 years of his life in that the Senate now proceed to execu- Defense personally, in a very respectful the armed service to this great Nation. tive session to begin consideration of way, has talked to me about this nomi- He is a decorated soldier and has shed Executive Calendar No. 418, the nomi- nation and his strong support for this his own blood for our country. He led a nation of Maj. Gen. Robert T. Clark to nominee. platoon in Vietnam, commanded a bri- be Lieutenant General. I will detail at length later on in the gade that was dropped deep into Iraq The PRESIDING OFFICER. Without course of this debate the very thorough objection, the clerk will report. during Operation Desert Storm. steps taken by the Senate Armed Serv- As commanding general of the 101st The assistant legislative clerk read ices Committee. I commend my col- the nomination of Maj. Gen. Robert T. Screaming Eagles, he deployed himself, leagues on the committee. There were with his troops, all over the world, Clark to be Lieutenant General. unusual facts associated with this Mr. WARNER. Mr. President, there from Kuwait to El Salvador. Most re- nomination involving tragic loss of cently, General Clark has been deputy are a number of Senators who desire to life, a strong disciplinary action speak. I will just say a few words. To commander of the Fifth Army and mo- against those who brought about the bilized Guard and Reserves for home- accommodate my distinguished col- direct harm to the victim who gave his league from Kentucky, who has been a land defense and Operation Iraqi Free- life. In the course of that, I and other dom. He has worn just about every hat valiant supporter of this nomination members of the committee took it and very persistent over this long pe- the Army has to offer. upon ourselves to meet with the family COL Mike Oates, who served under riod of time, I will yield the floor. He members of the deceased victim in this General Clark at Fort Campbell, said then could be followed by the Senator particular case. I wish to commend this about him: from Massachusetts and then I would them. They handled themselves in a He spoke straight to the soldiers. He continue my remarks. manner of great distinction, given the looked them in the eye and he set high I wonder if I just might ask unani- depth of emotion on their part. standards for wearing our equipment and mous consent that the Senator from I also commend the former Vice how we behaved. Discipline is what keeps Virginia proceed for not to exceed 3 or Chief of the Army, General Keane. He good units effective and reliable. He enforced 4 minutes, followed by the Senator took it upon himself time and time discipline and set the example himself. from Kentucky for about 10 or 12 min- again, working with the distinguished I could go on and on about General utes, followed by the Senator from Under Secretary of the Army, Les Clark’s distinguished career. But I need Massachusetts. How much time does Brownlee, to repeatedly go back and to address the tragic incident that has my colleague desire? reinvestigate certain aspects of this held up his nomination, which occurred Mr. KENNEDY. I think 40 minutes. case, I hope to the satisfaction of all while General Clark was at Fort Camp- Mr. WARNER. Not to exceed a period Members, certainly to this Senator and bell. A murder occurred at Fort Camp- of about 40 minutes for the Senator generally members of the committee. bell on July 5, 1999. PVT Barry from Massachusetts. Mr. President, I yield the floor to ac- Winchell was killed in a tragic event Mr. KENNEDY. I think Senator DAY- commodate my colleague. I again that none of us should ever forget. Pri- TON also had 15 minutes. I think there thank him for his strong tenacity in vate Winchell was murdered by a fel- is a unanimous consent agreement for supporting this nomination through- low soldier, who is serving—and deserv- this; am I correct? out. edly so—a life sentence for this horren- The PRESIDING OFFICER. The Sen- Mr. BUNNING. Mr. President, I rise dous crime. ator is correct. in strong support of MG Robert Clark I do not wish to address the details of Mr. WARNER. I was not able to hear. to the rank of lieutenant general and this horrible murder, but I do wish to

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.076 S18PT1 S15030 CONGRESSIONAL RECORD — SENATE November 18, 2003 extend my thoughts and prayers to Pri- capacities during his more than 30 extraordinary response from the com- vate Winchell’s family and friends. I years in the Army. munity’s leaders. Such a crime sends have spoken with General Clark sev- I am concerned, however, about Gen- the poisonous message that some mem- eral times about this tragic incident. I eral Clark’s performance as Com- bers of the community deserve to be know how sorry he is about the murder manding General at Fort Campbell, victimized solely because of who they of Private Winchell, especially since it KY, at the time of the brutal murder of are. The potential for such a crime was did happen on his post and under his PVT Barry Winchell on the base in magnified in this case because of the leadership. 1999. existing climate of anti-gay harass- But it is important to note that after There are few more respected units in ment at Fort Campbell, but the avail- the incident—and as the general court the Army than the 101st Airborne Divi- able evidence indicates that General martial convening authority—General sion at Fort Campbell. The ‘‘Screaming Clark’s response was not adequate with Clark approved the maximum punish- Eagles,’’ as the division is called, has a respect to his contacts with Private ment for the convicted murderer. well-deserved reputation of profes- Winchell’s family or his command re- I want to set the record straight. A sionalism, heroism, and outstanding sponsibilities at Fort Campbell. small, yet loud minority has blamed performance. Yet, in the months lead- One factual issue which I have re- General Clark for this tragic death. ing up to the murder of Private peatedly asked the Army to resolve, Nothing could be further from the Winchell, the command climate at without receiving a satisfactory re- truth. Fort Campbell was seriously deficient. sponse, is why General Clark did not A man who has given 33 years of his According to a report by the Army in- meet with the parents of Private Barry life to protect all Americans—all spector general, Fort Campbell had Winchell, Patricia and Wally Kutteles, Americans—does not deserve to be command-wide low morale, and inad- in the days following his murder. treated this way. Army investigations equate delivery of health care to sol- Following such a brutal murder it is and many interviews were conducted to diers and their families, and the leader- difficult to believe that such a meeting dispel the misinformation over this in- ship condoned widespread, leader-con- did not take place. Any responsible and cident. And the Army has rec- doned underage drinking in the bar- compassionate commanding officer would want to meet with and console ommended General Clark for nomina- racks. the parents of the murdered soldier, tion to lieutenant general and com- There is compelling evidence that even if no request for such a meeting mander of the Fifth Army because he is anti-gay harassment was pervasive at Fort Campbell during this period. The had formally been made. the most qualified soldier for this job. I understand that during the 4 days The President nominated General inspector general reported multiple ex- immediately following the murder, amples of anti-gay graffiti, the use of Clark for this post and important rank. General Clark was at the Walter Reed anti-gray slurs in cadences by non- It is important to note that the Senate Army Medical Center in Washington commissioned officers during training Armed Services Committee approved with his wife, who was undergoing his nomination. runs, and routine remarks and ban- tests for a longstanding illness. It is I thank Committee Chairman WAR- tering that, in the inspector general’s understandable that General Clark had NER and Ranking Member LEVIN for words, ‘‘could be viewed as harass- declined to meet with the parents for helping to move his nomination ment.’’ Outside groups have docu- this reason, during that period and did through the committee. mented many instances of anti-gay not attend the memorial service for Mr. President, our military has an harassment in the months leading up Private Winchell on July 9. But Clark old saying: ‘‘Not for self, but for coun- to the murder. did not meet with the parents in the try.’’ The inspector general also found that days after his return to Fort Campbell Those who know General Clark in the prior to the murder, there was no from Walter Reed Hospital nor in the Army and in the communities in which sustainment training at Fort Campbell weeks and months that followed the he has served all think of him when on the proper implementation of the Winchell murder. Instead, he states they hear this statement. General Homosexual Conduct Policy, known as that he never received a request to Clark is a man who has given his entire ‘‘Don’t Ask, Don’t Tell’’ and that, as a meet with the parents, but he would life not for self but for God and coun- result, ‘‘most officers, NCOs, and sol- gladly have met with then if he had re- try. I thank him for it. diers at Fort Campbell lacked an un- ceived a request to do so. We should all be grateful to him for derstanding and working knowledge of Patricia Kutteles, Private Winchell’s all the sacrifices he has made for our the Policy.’’ mother, has submitted a sworn affi- freedoms and our protections. I urge In his response to my questions, Gen- davit stating that she and her husband my colleagues to support the nomina- eral Clark stated that he agrees with traveled to Fort Campbell immediately tion of GEN Robert Clark. He deserves these findings, but that he was never- after hearing about her son’s murder. it and he has earned it. theless not aware of even a single in- She was assigned an Army liaison offi- Mr. President, I yield the floor. stance of anti-gay harassment before cer, Lieutenant Colonel Stratis, as Mr. WARNER. Mr. President, may I the murder. their point of contact with Fort Camp- express appreciation to my colleague On July 5, 1999, after enduring anti- bell and the Army. Two or three days from Kentucky again for his taking gay harassment for many months, in- after the murder, she made a request to long hours to personally look into this cluding harassment by members of his Lieutenant Colonel Stratis to meet case in a very objective way and in chain of command, Private Winchell with General Clark to talk about her reaching his conclusions. was bludgeoned to death with a base- son’s death. Lieutenant Colonel Stratis I yield the floor. ball bat by a fellow soldier in his bar- told her that General Clark was unable The PRESIDING OFFICER. The Sen- racks. to meet with them. ator from Massachusetts is recognized. It seems clear that if General Clark There are three possible explanations Mr. KENNEDY. Mr. President, I ask had exercised his responsibility to deal for this dispute of fact: Ms. Kutteles the Chair to remind me when I have with the serious anti-gay harassment may have submitted a false affidavit, used 15 minutes. that was prevalent at Fort Campbell General Clark may have given false in- The PRESIDING OFFICER. The during his 17 months of command lead- formation to the Committee, or Gen- Chair will do so. ing up to the murder of Private eral Clark was, for some reason, not in- Mr. KENNEDY. Mr. President, I op- Winchell, the murder would probably formed by his staff about the parent’s pose the nomination of Major General not have occurred. request. Clark to the rank of lieutenant gen- Even more serious, however, was Like others on the Armed Services eral. General Clark’s performance at Fort Committee, I have met with the par- I agree that General Clark has a Campbell in the days, weeks, and ents, and I was struck by their sin- strong record as a soldier. He has re- months following the murder. A brutal cerity, their patriotism, and their con- ceived numerous decorations for his bias-motivated hate crime is an ex- tinuing support for our Armed Forces distinguished service and courage, and traordinary event in any community, in spite of the tragedy. I find it dif- he has served in a number of leadership civilian or military, and it demands an ficult to believe that they are lying or

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.047 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15031 mistaken when they say they asked for there was ‘‘no evidence’’ that Private tives we had undertaken to eliminate anti- a meeting with General Clark. Winchell was killed because he was gay harassment. I also reinforced our long- Nevertheless, that appears to be the gay. This statement was clearly false, standing policy of treating all soldiers with position of the Army inspector general, and it also raised a far more serious dignity and respect. who states in his most recent memo- issue about whether the command at In fact the article itself contains no randum, dated October 20, 2003, that Fort Campbell was undermining the information regarding efforts to ad- the mother’s statement in the affidavit ability of the Government to prosecute dress anti-gay harassment—not even a is ‘‘unfounded.’’ The inspector general the murder as a bias-motivated offense. statement that such harassment is states that his office ‘‘determined, In fact, anti-gay harassment contin- wrong. The article includes only two after extensive interviews, none of the ued in the months following the mur- references to homosexuality. key staff members and other relevant der. First, General Clark writes that he witnesses recalled receiving or learning The continuing anti-gay harassment has requested a review and assessment: of such a request.’’ at Fort Campbell was also accom- to determine whether any member of this I have seen several of the affidavits panied by a sudden exodus of soldiers command violated the Department of De- relied upon by the inspector general, discharged for violations of the Homo- fense Homosexual Conduct Policy in any and I found the statements relied on to sexual Conduct Policy. In the 10 interaction with PFC Barry Winchell. be disturbingly non-responsive. These months after the murder, 120 soldiers Second, he writes that he has: affidavits fail to resolve the serious were discharged from Fort Campbell issued a policy on the handling of discharges factual dispute about whether the par- under this policy, compared to only 6 for homosexual conduct to ensure these mat- ents requested a meeting with General such discharges from Fort Campbell ters preserve the privacy and dignity of indi- Clark, and it seems improper for the during the same time period in the pre- vidual soldiers. Army inspector general to suggest that vious year. In all of 1999, there were 271 There is nothing in the article about no such request was made. such discharges in the entire Army. anti-gay harassment. It deals only with I believe that it is inappropriate for Instead of dealing directly with the the ‘‘Don’t Ask, Don’t Tell’’ policy. the Senate to act on this nomination problem of anti-gay harassment, Gen- The article refers only to General until this issue is more satisfactorily eral Clark chose to deny that any prob- Clark’s efforts to improve barracks resolved. lem existed. In an op-ed article in the conditions generally and his ‘‘special General Clark states that he was not New York Times, a year after the mur- emphasis’’ on the dignity of all sol- aware of any instance of anti-gay har- der, he stated that ‘‘There is not, nor diers. Much of the article is defensive assment on the base before the murder. has there ever been during my times in tone; General Clark writes that the At the very least, the murder should here, a climate of homophobia on soldiers at Fort Campbell are the ‘‘best have made painfully clear that anti- post.’’ we have ever had,’’ that they are ‘‘in- gay bias and anti-gay harassment were In addition, he refused to meet with tolerant of abuse of anybody for any real and pressing problems at Fort groups concerned about the welfare of reason,’’ and that ‘‘leaders’’ at Fort Campbell, problems that demanded an gay soldiers, including a local gay com- Campbell ‘‘set the example through immediate and effective response. Yet munity group, and the Servicemembers word and deed.’’ He concludes with this from the very start, and throughout Legal Defense Network, a national or- sentence: the remainder of his command, General ganization. This is the climate that exists at Fort Clark and his office took patently inef- Another of General Clark’s most seri- Campbell, in contrast to which you have fective steps to respond to these spe- ous failure of leadership after the mur- seen on TV and in the papers during these cific problems. der is the fact that, from all the evi- past few months. Two days after the murder, the Fort dence we have seen, he did not even This tone has characterized much of Campbell public affairs office issued a once speak out against the specific General Clark’s public statements dur- statement describing the incident as a problems of anti-gay harassment and ing the remainder of his command at ‘‘physical altercation in a post bar- anti-gay violence, or implement any Fort Campbell. On June 9, 2000, he said racks,’’ insinuating that Winchell was training for the soldiers against it. at a news conference that he objects: partly responsible for his own death. In He did take general steps after the fact, Winchell was asleep in the bar- in the strongest terms to the way our sol- Winchell murder to address the quality diers, and the climate that embraces them, racks when he was attacked by his kill- of life for soldiers at Fort Campbell, have been characterized. er. General Clark stated that he prob- and he reinforced existing programs on At a Rotary Club meeting in March ably learned about the false press the need to treat all soldiers with ‘‘dig- statement 3 or 4 days later, following 2000—another event listed by General nity and respect.’’ These measures Clark as an example of his efforts to his return to Fort Campbell from the were helpful, but hardly sufficient to Walter Reed Army Medical Center. He address anti-gay harassment—press re- address the specific problem of anti- ports, say that he: said he did not instruct the public af- gay harassment. fairs office to retract the statement or Private Winchell’s murder was an used the Rotary speech to lambaste the Ken- tucky New Era and other area newspapers issue a correction because ‘‘comments anti-gay hate crime, and it called for, by my command spokesperson regard- at the very least, a clear and unequivo- for printing an earlier story on his re- ing the case might well have influenced cal statement by Fort Campbell’s com- fusal to allow Servicemembers Legal the investigation, or suggested that I manding officer that violence against Defense Network to place an advertise- had reached premature conclusions homosexuals is wrong. According to ment in the post newspaper. about the case, and might have influ- the record, no such statement was ever The ad had listed an anonymous hot- enced or tainted the deliberations of made. line number for the Army inspector any soldier serving on a court martial- General Clark has been asked repeat- general’s office and the telephone num- panel.’’ edly for instances in which he spoke ber for the organization. General Clark It is important for a commanding of- publicly about anti-gay harassment. In justified his decision to reject the ad ficer not to make statements that his response last November 6, 2002 to on the ground that the inspector gen- might influence an investigation or written questions, he listed a number eral’s office had all the access it needed court-martial. But it is well estab- of speeches, press conferences, and pub- to soldiers on post. Newspaper reports lished in military law that a statement lications, but none of these examples of General Clark’s Rotary Club speech may be made to correct a false public dealt with the specific problem of anti- contained no mention of any statement statement, in order to avoid prejudice gay harassment. condemning anti-gay harassment. to the Government or the accused. For example, General Clark wrote I have repeatedly asked the Depart- General Clark’s explanation is doubly that on January 14, 2000: ment to investigate this issue further, unconvincing in the light of the fact I published an article in the post news- to find out whether in fact General that the Fort Campbell public affairs paper, The Fort Campbell Courier, in which Clark made any statements specifi- office made a statement, 2 days after I emphasized the quality of soldiers serving cally addressing anti-gay harassment Clark returned to Fort Campbell, that at Fort Campbell, and outlines the initia- and anti-gay violence following the

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.054 S18PT1 S15032 CONGRESSIONAL RECORD — SENATE November 18, 2003 Winchell murder. But the responses of civilians. Then Fort Bragg commanding gen- mate situation issued a report sup- the Department have been inadequate. eral, LTG John Keane, currently General porting the demotion of General In response to similar questions by Keane, did the following actions after the Dallager and recommending an addi- the parents, the inspector general stat- murder: At Fort Bragg, an on-base memorial serv- tional review to assess the actions ed: ice for ‘‘remembrance and reconciliation’’ taken by other leaders and holding in- During the 6 months following the murder, was held 1 year after the murders. Lieuten- dividuals accountable. Major General Clark was personally involved ant General Keane publicly communicated On General Clark, in July 1999, two in talking to Commanders at all levels about strong condolences. Fort Campbell soldiers murdered Barry the anti-gay harassment. On General Clark’s actions after the Winchell because they believed him to There have been other cases where murder, he declined to meet with the be gay. This murder occurred on the commanding officers have had to re- Winchell family, did not attend the base, in the barracks. This murder and spond to tragedies, and they have done Winchells’ on-base memorial service additional problems with antigay har- so in a variety of ways that dem- held shortly following the murder, and assment occurred during the tenure of onstrate their leadership. did not hold any subsequent memorial Commander Clark and there has been Many have drawn comparisons be- events. no response. tween General Clark’s response in this LTG John Keane invited the NAACP My final point on the ultimate re- case and General John Keane’s re- and the ADL to discuss the murders sponsibility: sponse to the murder of African Amer- and work with the base to improve the General Dallager is the Academy leader— ican civilians at Fort Bragg by racist racial climate. The local NAACP lead- [this was the finding]—bearing ultimate re- soldiers. After these murders, General er, James Florence, on the NAACP’s sponsibility for the failure to adequately re- Keane held a 1-year anniversary re- relationship with Fort Bragg, said: spond to sexual assault issues. membrance and publicly offered his The Panel concurs with the decision . . . to Since [the murders] we have had a liaison retire General Dallager. . . . condolences. He met with the NAACP with Fort Bragg. We can talk with them al- and the Anti-Defamation League to most any time we need. Retire him. On the ultimate responsibility, Army discuss the murders and consider ways General Clark declined to meet with leadership doctrine states that com- to improve the racial climate. the gay groups, declined to meet with manders: General Keane offered very strong the legal defense funds, and declined to public statements against racism, and meet with gay veterans organizations. . . . have to answer for how their subordi- nates live and what they do after work. he implemented sensitivity training on There is a dramatic difference be- the base. General Clark did none of tween two commanding officers and That is in the field manual. this. how they dealt with the hate crimes. In a July 19, 2000 article in the New In all the services, discrimination General Keane’s response to the sol- York Times, General Clark stated: against gays is codified in the ban on diers after the murders? LTG John There is no, nor has there ever been during their service in military. In reporting Keane and the Army launched an ag- my times here, a climate of homophobia on post. anti-gay discrimination, soldiers face gressive program to ‘‘weed skinheads potential investigation, further harass- and extremists out of the military.’’ General Shinseki, on July 21, 2000, ment, and even discharge. This makes General Keane said: stated in a DoD News Briefing: this population even more vulnerable We did not see this cancer coming. We We take full responsibility for what hap- to acts of harassment and violence, missed the signs, symbols, and manifesta- pened to Private Winchell. . . . which makes it even more essential for tions of extremism. There is General Shinseki taking re- leaders to act quickly and effectively General Keane implemented sensi- sponsibility. There is a general. in response to attacks on soldiers per- tivity training at Fort Bragg regarding We take full responsibility for what hap- ceived to be gay. race relations. He said: pened to Private Winchell. In the recent controversy at the Air We’ve educated our people, in terms of General Clark has failed to accept Force Academy, the senior leadership what to look for and how to deal with it, and similar responsibility in this case and has been held accountable, from the when we find soldiers whose attitudes and doesn’t deserve the promotion. Commandant of the Academy, to the behavior are disruptive to good order and On another matter, I believe there is Secretary of the Air Force. The Com- discipline of our unit, we are going to act. some remaining time. mandant of the Air Force Academy has General Clark publicly stated there Mr. WARNER. Mr. President, I was been held responsible for the short- was not a climate of homophobia on going to reply to some of the points my comings of his subordinate com- Fort Campbell, did not make any pub- colleague from Massachusetts made. As manders. lic statements or issue any written di- you well know, the General—— General Clark never held a single of- rectives and never publicly commu- Mr. KENNEDY. May I reserve the re- ficer responsible for the command cli- nicated an appreciation of the harm mainder of my time? Is this on the mate that led to the murder of Private caused by the antigay murder. Senator’s time? Winchell. General Clark did not take There are dramatic differences be- Mr. WARNER. Yes. responsibility for addressing the prob- tween how an officer dealt with this, Mr. KENNEDY. Since I had the floor, lem of anti-gay harassment at Fort who continues to serve with great dis- I want this additional comment I Campbell after the murder. He should tinction in our service, and the nomi- would like to make on another subject, bear the ultimate responsibility for the nee. but I also want to respond to the ques- climate that led to this tragedy and for Finally, here is the comparison be- tions of the Senator, so I will be glad not remedying that climate afterwards. tween General Clark’s response to the to do whatever you would like. These are important questions that murder of PVT Barry Winchell and the Mr. WARNER. Mr. President, par- go to the heart of this officer’s suit- response of the Air Force Academy liamentary question: We are on this ability for promotion to lieutenant leaders on sexual assaults. At the Air nomination with 2 hours of debate and general. The Senate deserves better in- Force Academy during the period of 1 hour each divided equally. I manage formation acting on such a controver- 1993 through 2003, 60 cases of sexual as- this side and Senator KENNEDY man- sial nomination. sault were reported. Earlier this year, ages that side. If the Senator wishes to I will just review for a few moments LTG John Dallager, the academy com- go on to another matter, I am not sure the difference between Fort Bragg and mandant from 2000 to 2003, lost his how the Senator wishes to handle this. Fort Campbell. This is the difference, third star and retired as a major gen- Mr. KENNEDY. Mr. President, it is the comparison between General eral because the Secretary of the Air not difficult, I think, since I have 40 Keane’s response to the murder of two Force determined he ‘‘did not exercise minutes. I will use my remaining time African-American civilians and Gen- the degree of leadership in this situa- and ask that my comments be inserted eral Clark’s response to the murder of tion that we expect of our com- into another part of the RECORD so it PVT Barry Winchell. Fort Bragg: manders.’’ doesn’t interfere, and then I will be In December 1995, three White Fort Bragg In September 2003, an independent glad to answer any questions of the soldiers murdered two Black North Carolina panel commissioned to review the cli- Senator.

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.056 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15033 Mr. WARNER. Mr. President, I won- these tragic situations—that it was Mr. President, MG Clark is highly der if the Senator from Massachusetts generally a positive command climate. qualified for promotion to the rank of will accommodate the Senator from There were some isolated instances of lieutenant general assignment as Com- Virginia. I would like to make some harassment, sexual in nature. I concede mander of the Fifth United States comments with respect to his impor- that is in the RECORD. But the total Army. He was first nominated for this tant remarks while they are fresh in quantity of these incidents, in my position in the fall of 2002. He has ap- the minds of the listeners. I think it is judgment, was not indicative of a peared before the Senate Armed Serv- appropriate that I take a little time. breakdown in the command respon- ices Committee in executive session on Then, as far as I am concerned, we will sibilities under General Clark. two separate occasions, and, on both both yield back our time and the Sen- General Clark, as I said, came to the occasions conducted himself with ator from Massachusetts can take committee on two occasions and sub- deferrence and respect for the members some time on another matter, if he jected himself quite willingly—indeed, of the committee, and with apprecia- wishes. Is that helpful? under oath; I put him under oath at the tion for the Constitutionally-based ad- Mr. KENNEDY. How long did the second hearing—and he responded to vise and consent power—and responsi- Senator plan to speak? the cross-examination, much of which bility—of the Senate. Not surprisingly, Mr. WARNER. I will summarize my the distinguished colleague from Mas- General Clark has the full support of comments in about 5 or 6 minutes, at sachusetts has raised today. the Chief of Staff of the Army, General the conclusion of which we could both In conclusion, he has an extremely Schoomaker, and the civilian leader- yield our time. impressive record of military service ship of the Army for this promotion. Mr. KENNEDY. Mr. President, if the stretching back to 1970. Much of that General Clark has an extremely im- Senator wants to address the Senate has been covered by my colleague from pressive record of military service stretching back to his commissioning first, Senator DAYTON was yielded 15 Kentucky. minutes. Mind you, Fort Campbell is an instal- in 1970. General Clark’s military record includes combat service in Viet Nam Mr. WARNER. That is under the lation that can at times host a daily for which he was awarded the Bronze order. I didn’t realize he just walked in population of 24,000 military personnel Star with Combat ‘‘V.’’ He has served the Chamber. I am trying to do the and over 200 company-sized units. as a Battalion Commander and a Bri- best I can to accommodate everybody In July of 1999, this brutal murder gade Commander with the renowned and manage the time efficiently. But I was committed at Fort Campbell by an ‘‘Screaming Eagles’’ of the 101st Air- do desire at this point in time an op- intoxicated 18-year-old soldier who borne Division. In this capacity, he portunity to reply to my colleague used frightful force against PFC Barry participated in Operations Desert from Massachusetts. Winchell. This resulted in his death, al- Shield and Desert Storm. Major Gen- Mr. KENNEDY. Mr. President, I will legedly while he was sleeping. No one eral Clark later served as Chief of Staff yield the floor for that purpose and ask underestimates the seriousness of this for the 101st Airborne Division, and unanimous consent that at the conclu- crime. from 1998 through 2000 as Commanding sion I be recognized. Senator LEVIN and I met in May of General of the 101st Airborne Division The PRESIDING OFFICER. Without this year with the parents of Private and Fort Campbell, KY. objection, it is so ordered. First Class Winchell. Like General Fort Campbell is an installation that Mr. WARNER. Mr. President, the Clark, we extended our sympathy and can, at times, host a daily population Senate had a comparison between how sorrow for their loss. The committee of over 24,000 military personnel and General Keane and General Clark han- listened very closely to the assertions over 200 company sized units. In July dled problems within their respective they made about a lack of appropriate 1999, a brutal murder was committed at commands. General Clark was the con- treatment by General Clark and short- Fort Campbell by a drunken, 18-year- vening authority, and the tragedy that falls in discipline and a secure environ- old soldier who bludgeoned Private occurred to which the Senator referred, ment at Fort Campbell during the time First Class Barry Winchell to death in and which is the subject of some com- their son was stationed there. his sleep. This tragic and senseless ments here today, came up through the At the conclusion of the meeting, crime was not foreseeable—not foresee- military command, was handled by the Senator LEVIN and I asked Private able by PFC Winchell’s company com- military courts and the military au- First Class Winchell’s parents to put mander and certainly not foreseeable thorities, and adjudicated. As the con- the questions and concerns they had by Major General Clark. General Clark vening authority, I think he took some raised with us at that meeting in a let- capably and competently fulfilled his prudent steps to make certain that in ter, and we would obtain answers from responsibility as General court-Martial no way could he be accused of com- the Department of Defense—specifi- convening authority in this murder mand influence. The tragedy in Gen- cally, the Department of the Army— trial and took steps necessary to en- eral Keane’s command was tried in the and share those answers with them. sure that the perpetrator of this crime civilian courts, and as such he was not That we did. The parents sent us a let- and an accomplice were brought to jus- the convening authority. He then had ter and Senator LEVIN and I forwarded tice. This was accomplished and the the opportunity to do some things these questions to the Department. In soldier who murdered PFC Winchell is which I believe General Clark did not. September, the Department responded serving a life sentence. Out of this tragedy, there were les- to questions and expressed continued Senator LEVIN and I met in May of sons learned in the Army. I think some support for Major General Clark’s nom- this year with the parents of PFC important new policy matters were put ination. Winchell. We, like General Clark, ex- into the regulations. Otherwise, not all I ask unanimous consent that all of tended our sympathy and sorrow for was lost in this tragic situation. these matters be printed in the RECORD their loss. As leaders of the committee, I ask unanimous consent to have at the end of my statement. we listened very closely to the asser- printed in the RECORD the Army In- The PRESIDING OFFICER. Without tions they made about a lack of appro- spector General’s Report on Fort objection, it is so ordered. priate treatment by General Clark, and Campbell at the conclusion of my re- (See exhibit 2.) shortfalls in discipline and a secure en- marks. That is the first section of it Mr. WARNER. Mr. President, not vironment at Fort Campbell during the that addresses a number of points that only the steps taken by the Armed time their son was stationed there. are raised by the Senator from Massa- Services Committee, together with my At the conclusion of our meeting, chusetts. distinguished colleague Senator LEVIN, Senator LEVIN and I asked PFC The PRESIDING OFFICER. Without but indeed by the Department of the Winchell’s parents to put the questions objection, it is so ordered. Army into other areas overall reflect, I and concerns that they had raised with (See exhibit 1.) think, that our committee carefully us in a letter, and we would obtain an- Mr. WARNER. Mr. President, I be- looked into this matter and that the swers from the department and share lieve from reading this report—not in Department of the Army was respon- those answer with them. The parents the words of the Senator from Massa- sive to the questions raised by my col- did so, and we sent their questions to chusetts that no one was trying to stop leagues. the department in June.

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.054 S18PT1 S15034 CONGRESSIONAL RECORD — SENATE November 18, 2003 In late September, the department existing in PFC Winchell’s unit prior to his conduct; and commanders and investigating responded to the questions, and ex- death and an overall assessment of the com- agencies would not initiate investigation pressed continued support for Major mand climate existing at Fort Campbell solely to determine a member’s sexual ori- General Clark’s nomination. The Army prior to PFC Winchell’s death, specifically as entation. On 30 November 1993, Congress en- it related to the Policy. Finally, the DAIG acted 10 United States Code (USC), Section undertook to conduct inquiries was directed to provide an overall assess- 654, policy concerning homosexuality in the through the Army Inspector General in ment of the Department of the Army’s (DA) armed forces. response to the questions raised by the implementation of the Policy. The Fort ASSESSMENT RESULTS parents, and, I believe, did respond Campbell assessment provided the initial Finding 1 data for the Army assessment of the Policy. fully to the issues that were raised. Objective: Examine alleged violations of The Army IG will continue to assess these In late September, Senator LEVIN the DOD Homosexual Conduct Policy during issues as part of their continuing inspection and I forwarded the Department’s re- the period preceding PFC Winchell’s death. sponse to PFC Winchell’s parents invit- program. Findings: 1. A preponderance of evidence ing them to respond. They did so on Task Force Composition, Training, and Method- indicated that two noncommissioned officers October 8th. On October 10, Senator ology (NCOs) in PFC Winchell’s chain of command A Task Force of 27 individuals was estab- LEVIN and I forwarded their letter to and a fellow private (PVT) inquired into PFC lished to conduct the investigation and as- the department together with addi- Winchell’s sexual orientation. In addition, at sessment in accordance with the directive. least one NCO referred to PFC Winchell as a tional questions from Senator KENNEDY The Task Force was composed of inspectors ‘‘faggot.’’ requesting comment. We received a re- general (IGs), one legal advisor, and subject 2. In spite of this, however, the evidence sponse from secretary Abell and Acting matter experts. During early February, the gathered demonstrated that the chain of Secretary Brownlee on October 21st Task Force received training from the sub- command was proactive in terminating the and, shortly thereafter, we conducted ject matter experts in the areas of the Policy sporadic incidents of derogatory or offensive our second executive session. itself, Equal Opportunity (EO), interview cadences during unit marches and physical The committee compiled a very thor- techniques, and group dynamics. Further, training (PT) formations. Summary: Evidence obtained from Fort ough record about all the issues raised the Task Force conducted mock individual interviews and group sensing sessions in Campbell indicated that in late May 1999 by Senator KENNEDY and others. I will order to validate the assessment strategy. PFC Winchell asked an NCO from his unit, D not go into specific details, but it is Finally, at the request of the Company, 2nd Battalion, 502nd Infantry important to note that the Army In- Servicemembers Legal Defense Network Regiment, ‘‘What would happen if a guy in spector General conducted an inves- (SLDN), key leaders of the Task Force met the military was gay?’’ In responding to that tigation into the circumstances sur- with representatives of the SLDN to identify question, the NCO asked PFC Winchell if he rounding the July 1999 death of PFC specific concerns of the organization. The was a homosexual. Testimony revealed that Winchell after the court-martial was SLDN is a national legal aid organization the NCO asked the question in an effort to that assists soldiers affected by the Policy. offer assistance to PFC Winchell in getting completed, and the IG found no basis to The scope of the assessment included the professional guidance or assistance in ad- support accusations of dereliction of following: Interviews with the commanding dressing the issue. duty and failure of leadership by Gen- general, 101st Airborne Division (Air As- Evidence gathered indicated that an NCO eral Clark. To the contrary, the inves- sault), both assistant division commanders in PFC Winchell’s unit referred to PFC tigation found a positive command cli- who were occupying those positions in July Winchell as well as other members of the mate at Fort Campbell and refuted the 1999, and interviews with 47 brigade and bat- unit as ‘‘faggots’’ in describing those who assertions that Major General Clark talion-level commanders from both divi- failed to perform to his standards. On one oc- casion, the NCO referred to PFC Winchell as should have done more or could have sional and nondivisional tenant units. In ad- dition, the Task Force conducted 68 sensing a ‘‘faggot’’ after PFC Winchell reported to prevented this tragedy. sessions composed of soldiers randomly-se- work in what appeared to be an intoxicated I am very concerned about ensuring lected by utilizing the last two digits of the state. accountability of military officers, and social security number. In these sessions, 568 The preponderance of evidence dem- I have insisted at looking very closely soldiers were interviewed and 1,385 command onstrated that PFC Winchell’s chain of com- at the actions of military leaders who climate surveys were administered through- mand did not condone demeaning or deroga- are entrusted with command. I am sat- out Fort Campbell. With respect to the sens- tory cadences made during the conduct of isfied that General Clark did not fail in ing sessions, it should be noted that all of unit PT. In those instances where inappro- these soldiers were assigned to Fort Camp- priate remarks were made, company leaders his command responsibility and is fully made on-the-spot corrections. deserving of promotion. I urge my col- bell from the period of April 1999 through February 2000. In addition, participants who Finding 2 leagues to support this nomination. completed a command climate survey were Objective: Determine whether the local EXHIBIT I informed that the responses would be anony- IG’s office responded appropriately to any EXECUTIVE SUMMARY mous. complaints of violations of the DOD Policy it Background In addition to interviews conducted on may have received prior to PFC Winchell’s On 5 July 1999, Private First Class (PFC) Fort Campbell, the investigation team con- death. Barry Winchell, D Company, 2nd Battalion, ducted on-site interviews at Fort Benning Finding: The Fort Campbell IG office prop- 502nd Infantry Regiment, Fort Campbell, and Fort Leonard Wood, as well as tele- erly responded to the only known complaint Kentucky, was murdered by a fellow soldier. phonic interviews with soldiers assigned to of a violation of the Policy prior to 5 July Following this incident, and amid claims Korea, Fort Drum, Fort Knox, Fort Jackson 1999 when they followed standard Army IG that PFC Winchell was murdered because he and the United States Military Academy. Ci- guidance by recommending PFC Winchell was or was perceived to be a homosexual, al- vilian members of the Fort Campbell com- provide his commanders the opportunity to legations arose concerning the command cli- munity as well as former members of the resolve his complaint prior to direct IG mate at Fort Campbell particularly as it re- Army were also interviewed by the inves- intervention with the command. lated to the command’s enforcement of the tigation team. Summary: Immediately after the NCO Department of Defense (DOD) Homosexual Finally, Task Force members gathered rel- called PFC Winchell a ‘‘faggot,’’ another Conduct Policy [hereinafter the Policy]. The evant data through on-site inspections and NCO escorted PFC Winchell to the IG office Army pledged early on to assess the com- additional periodic spot checks of unit recre- to file a complaint. Upon being advised that mand climate and investigate the alleged ation centers, public use areas, and barracks he should provide his commander the first violations of the Policy; however, to avoid living areas. Finally, the Task Force secured opportunity to address the issue, PFC interfering in the individual judicial pro- information by directly observing on-post Winchell was then escorted to his company ceedings underway, the Army could not soldier events to include physical fitness commander. Evidence obtained indicated begin that effort until the conclusion of the training sessions. that the company commander counseled the two courts-martial arising out of PFC History and Background of the Policy NCO regarding his inappropriate remarks. Winchell’s death. On 29 January 1993, the President directed Finding 3 On 10 January 2000, the Secretary of the the Secretary of Defense (SecDef) to review Objectives: 1. Conduct an overall assess- Army (SA) directed that the Department of DOD policy on homosexuals in the military. ment of the command climate existing at the Army Inspector General (DAIG) conduct On 19 July 1993, the SecDef directed the fol- Fort Campbell prior to 5 July 1999, specifi- an investigation into the facts and cir- lowing: applicants for military service as cally as it relates to the application and en- cumstances surrounding the death of PFC well as current servicemembers would not be forcement of the DOD Policy. Winchell as it related to the Policy (en- asked nor required to reveal their sexual ori- 2. Assess the degree to which PFC closed) [hereinafter referred to as directive]. entation; sexual orientation would not be a Winchell’s chain of command understood the In addition, the DAIG was tasked to conduct bar to entry into the service or continued application and enforcement of the DOD Pol- an assessment of the command climate then service unless manifested by homosexual icy.

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.051 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15035 3. Conduct sensing sessions with randomly- Summary of Findings: The preponderance ducted, however, did not contribute mean- selected members at Fort Campbell to deter- of evidence did not support PV2 Torres’ alle- ingfully to an understanding or working mine the degree to which members felt they gation that he was personally harassed at knowledge of the Policy. understood the Policy and the degree to Fort Campbell; however, evidence does sup- As a result, most personnel did not dem- which the Policy was being enforced. port his allegation of routine personal har- onstrate a clear understanding of their re- 4. Assess the command climate of D Com- assment at Fort Benning and occasional per- sponsibilities under the Policy and the pany, 2nd Battalion, 502nd Infantry Regi- sonal harassment at Fort Knox. The prepon- standards contained within the Policy. ment before 5 July 1999. derance of evidence supported PV2 Torres’ Finding 6 Findings: 1. Through sensing sessions, allegations that during initial entry training interviews, and surveys across Fort Camp- (IET) at Fort Benning, one drill sergeant im- Objective: Assess whether current training bell, it was determined that the command properly addressed or referred to him as a materials adequately convey the substance climate at Fort Campbell before 5 July 1999 homosexual, and another PVT provoked a of the Policy. was a positive environment with exceptions fight with him by routinely taunting him Findings: 1. Currently, commanders, lead- related to medical support, on- and off-post and referring to him as a homosexual. The ers, and soldiers at Fort Campbell do not housing, after-duty-hours recreation, and evidence also supported PV2 Torres’ allega- have a clear understanding of the Policy be- shortages of personnel in authorized grades. tion that at Fort Campbell a senior NCO im- cause training and informational materials Most soldiers indicated satisfaction with properly used terms derogatory to homo- do not adequately convey the substance of their mission, training, and organizational sexuals while trying to motivate male sol- the Policy. leadership. diers to perform to standard and two NCOs 2. Training and informational guidance 2. With respect to the Policy, it was clear improperly used terms derogatory to homo- contain key words (Don’t Ask, Don’t Tell) that the chain of command, from com- sexuals while singing cadences during a that are not defined in doctrine. manding general (CG) through company physical training run. It did not support his Summary: Based on interviews with com- leaders, responded appropriately to matters allegations that an NCO in his unit at Fort manders, leaders, and soldiers, the results of with respect to enforcement of the Policy. Campbell improperly used anti-homosexual the command climate survey, and a review of 3. The specific assessment of D Company, records and files at Fort Campbell, it was de- 2nd Battalion, 502nd Infantry Regiment’s language while conducting training on the Homosexual Conduct Policy, that a soldier termined that the training provided on the command climate prior to 5 July 1999 was de- Policy is not clearly written, not tailored to termined to be poor due primarily to leader- at Fort Knox improperly inquired into his sexual orientation, and that an NCO in his specific audiences based on rank and duty ship failure of a senior NCO, perceptions per- positions, fails to adequately convey the sub- taining to underage drinking, and other fac- unit at Fort Campbell improperly inquired into his sexual orientation. stance of the Policy, and is presented in a tors beyond the direct control of the com- format which does not foster open and mean- pany, such as shortages of personnel in au- The preponderance of evidence supported allegations that an NCO at Fort Campbell ingful discussion on the issues. thorized grades and quality of life (QOL) Informational materials distributed to issues. read a joke to soldiers that was demeaning to homosexuals; anti-homosexual graffiti Army personnel, to include a Hot Topics Summary: In evaluating the overall com- pullout in Soldiers Magazine and a trifold mand climate at Fort Campbell, personnel was present on a wall of a latrine in a unit area, a latrine in a public recreation area, pamphlet, suffered from the same defects ac- were asked to compare the command climate cording to personnel. The use of the terms as it existed in February 2000 with the com- and a latrine in a work area at Fort Camp- bell; and a nongovernmental civilian, not a ‘‘Don’t Ask’’ and ‘‘Don’t Tell’’ in the infor- mand climate the year prior. Overall, per- mational materials without providing defini- sonnel indicated that the command climate soldier, sent an e-mail containing anti-ho- mosexual language to a former soldier at tions to explain these phrases created a large was favorable. The majority of personnel amount of anxiety and confusion. questioned believed that the leadership at Fort Campbell. The preponderance of evi- Fort Campbell was effective and concerned dence did not support allegations that anti- Finding 7 and treated personnel favorably. In addition, homosexual comments made by soldiers at Objective: Provide an overall assessment of the majority of personnel questioned felt Fort Campbell were the ‘‘norm,’’ soldiers the DA’s implementation of the DOD Policy that the chain of command responded appro- made threatening and inappropriate com- by assessing: priately to issues presented to them. Finally, ments during training on the Policy, an e- 1. Whether the Policy is being fairly ap- personnel believed that the leadership led by mail with a sound wave file attached that plied within units. example. contained language demeaning to homo- 2. Whether there are currently any other QOL issues contributed to low morale at sexuals was circulated at Fort Campbell, and perceived deficiencies in the Policy which Fort Campbell. Specifically, issues relating an NCO’s chain of command improperly in- preclude effective training, application, and to the conditions in the barracks, problems quired into his sexual orientation. enforcement of the Policy. associated with medical care at Fort Camp- Finding 5 Findings: 1. The Policy is being fairly ap- bell, and treatment received by soldiers from Objectives: 1. Assess the degree to which plied at Fort Campbell; however, the Policy the civilian employees and individuals in the PFC Winchell’s chain of command under- with respect to discharges and substantial surrounding civilian communities were the stood the application and enforcement of the investigations is not being implemented as major areas of concern to those questioned. Policy. intended because commanders perceive an In general, the application and enforce- 2. Conduct an overall assessment of the unacceptable risk to the unit and soldier by ment of the Policy did not appear to be a command climate that existed then at Fort retaining soldiers who make admissions of problem at Fort Campbell. Most leaders took Campbell, specifically as it relates to the ap- homosexuality. appropriate action in instances where appli- plication, enforcement, and training con- 2. Commanders have difficulty in balancing cation of the Policy was warranted and ap- ducted on the Homosexual Conduct Policy. their responsibility to maintain morale, unit peared to be operating well within the con- 3. Conduct sensing sessions with randomly- cohesion, good order, and discipline while en- fines of the Policy. Soldiers acknowledged, selected military members at Fort Campbell forcing the Policy. They perceive that the however, that the joking and bantering that to determine the degree to which members current implementing instructions restrain had occurred prior to July 1999 on a regular felt they understood the Policy and the de- their latitude to conduct inquiries and pre- basis could be viewed as harassment. Fol- gree to which they believed the Policy was clude them from exercising reasonable dis- lowing training on the Policy and Consider- being enforced. cretion in initiating inquiries. ation of Others (COO), soldiers are now more Finding: There was no sustainment train- 3. AR 600–20 and subsequent Army guidance apt to reconsider uttering phrases that ing conducted at Fort Campbell on the Pol- and messages regarding the reporting of har- would likely be considered harassment. icy before 5 July 1999 because there was no assment based on homosexual orientation do However, the command climate of D Com- clearly articulated requirement on how often not adequately advise soldiers where or how pany, 2nd Battalion, 502nd Infantry Regi- personnel were to be trained and who was to to report harassment, and do not adequately ment, in the period prior to PFC Winchell’s receive the training. The published guidance advise commanders and agencies how to murder was poor. In addition to the QOL indicated: ‘‘All officers and enlisted per- process these complaints. issues identified above, soldiers in PFC sonnel of the Active Army and Reserve Com- Summary: The Task Force determined Winchell’s unit believed that personnel ponents will receive briefings upon entry and that the Policy was being fairly applied by shortages and underage drinking in the bar- periodically thereafter.’’ Institutional train- commanders at Fort Campbell. The soldiers racks to the poor command climate. The ing of personnel on the implementation and discharged under Chapter 15 were overall sat- most significant factor contributing to the enforcement of the Policy was ineffective. isfied with their treatment during the proc- poor command climate, however, was the Most officers, NCOs, and soldiers at Fort ess. The Fort Campbell commanders ex- presence of an abusive NCO in a leadership Campbell lacked an understanding and work- pressed concern in complying with the Pol- position in the unit. ing knowledge of the Policy prior to 5 July icy. They believe it places them in a profes- Finding 4 1999. sional dilemma by requiring them to choose Objective: Review and resolve allegations Summary: Nearly all soldiers, NCOs, and between retention of a soldier who declares a by Private Second Class (PV2) Javier Torres officers at Fort Campbell had received train- propensity for homosexual conduct and dis- and others of specific violations of the Pol- ing on the Policy at some point in their mili- charge when the truthfulness of his state- icy. tary career. The training that was con- ment of homosexuality is suspect. They are

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.061 S18PT1 S15036 CONGRESSIONAL RECORD — SENATE November 18, 2003 reluctant to conduct inquiries of the truth- policies and actions of the dignity and re- use the elderly and the disabled’s need fulness of an admission because of the per- spect for all soldiers directed by Major Gen- for affordable prescription drugs as a ceived risk to both the unit and the indi- eral Clark while serving as the Commanding Trojan horse to destroy the program on vidual soldier. General of the 101st Airborne Division and which they have relied for 40 years. Commanders stated to the Task Force that Fort Campbell; and a list of initiatives im- they had difficulty in balancing the enforce- plemented by Major General Clark with re- It is important to understand how we ment of the Policy and the requirement to spect to Homosexual Conduct Policy subse- got to this point. maintain morale, unit cohesion, good order, quent to the death of Private first Class First of all, we all understand that and discipline. Commanders expressed con- Winchell. Medicare is one of the most beloved cerns that the Policy precludes them from After careful review of all information, the programs this Nation has ever enacted. conducting an inquiry when presented with Secretary of Defense and the Secretary of It is depended upon by seniors all over credible information of behavior that dem- the Army continued to support Major Gen- this country. It is a program which is onstrates a soldier may have a propensity to eral Clark for appointment to the grade of relied on and depended upon, and it lieutenant general and for assignment as engage in homosexual conduct. They believe works. If there is a failure in the Medi- the Policy precludes them from exercising Commanding General, Fifth United States reasonable discretion in determining the ne- Army. When considered in light of Major care Program, it was not to have in- cessity to conduct an inquiry. General Clark’s past performance and future cluded a prescription drug program in Information gathered by the Task Force potential, we believe proceeding with the the legislation we passed. determined that guidance on reporting har- nomination is clearly in the best interest of That really is not what this current assment based on sexual orientation by sol- the Department of the Army and the Depart- conference report is all about. This diers and investigation into such harassment ment of Defense. conference report is going to threaten by leaders is unclear and confusing. Soldiers The Department appreciates your assist- Medicare in a very significant and im- ance in facilitating the confirmation of and leaders expressed frustration with know- portant way—in a way that those of us ing how and to whom to report harassment pending nominations. and how to handle incidents of this type of Sincerely, who believe in Medicare should not harassment. They expressed the belief that CHARLES S. ABELL, permit. all harassment should be dealt with uni- Principal Deputy. We started in the Senate with a bi- formly. The PRESIDING OFFICER. The Sen- partisan bill to expand the prescription In summary commanders and leaders at all ator from Massachusetts. drug coverage. We also provided addi- levels have an inherent responsibility for es- Mr. KENNEDY. Mr. President, first tional choices to private insurance cov- tablishing a command climate that promotes of all, I thank the chairman of the erage for senior citizens as the Presi- good order and discipline essential to accom- committee, Senator WARNER, for all of dent requested. The bill was not a solu- plishing the Army’s mission. This responsi- tion for the problems senior citizens bility includes promoting unit cohesion by his courtesies during the consideration identifying and eliminating harassment be- of this nominee. I mentioned during face. It only provided about $400 billion fore it occurs or results in reports of viola- my comments that we wanted to get between now and 2012 toward the pre- tions of Army Standards. additional answers. He has been ex- scription costs that will total $1.8 tril- tremely accommodating to those of us lion. But it was a start, a downpay- EXHIBIT II who raised the questions, as he always ment. It was a fair and balanced com- OFFICE OF THE UNDER SECRETARY is as the chairman of the committee. I promise that protected Medicare and OF DEFENSE thank him for his fairness and ensuring protected senior citizens. That is why Washington, DC, March 11, 2003. that all of those who had concerns were it passed by 76 votes. Only 11 Demo- Hon. JOHN W. WARNER, crats voted no; only 10 Republicans Chairman, Committee on Armed Services, U.S. able to conduct our concerns in accord- ance with the rules. I thank him very voted no. Senate, Washington, DC. The House took a different course. DEAR MR. CHAIRMAN: I am writing in ref- much for all of his courtesies. erence to the nomination of Major General Mr. WARNER. I thank my colleague. They passed a bill that was designed to Robert T. Clark, United States Army, for ap- Mr. KENNEDY. Senator BUNNING I radically alter Medicare, not for the pointment to the grade of lieutenant general know has a great interest in this. I benefit of the elderly. That is why it and for assignment as Commanding General, thank him also. passed by a slim partisan majority of Fifth United States Army that the President I will address the Senate briefly on one vote. Now the conference has been recently sent to the Senate. The President another matter which is of importance hijacked by those who want to radi- previously forwarded Major General Clark’s and consequence to the Senate. Then I cally alter Medicare, privatize, to nomination to the Senate on September 10, voucherize it, to force seniors into 2002; however, his nomination was not acted will yield the time because I know my upon by the Senate prior to the Senate’s sine colleague wants to address this issue. HMOs and into private insurance plans. die adjournment on November 22, 2002. Then we will be prepared to move to a The bill the Senate will consider The Secretary of Defense considered re- vote. shortly is not a bill to provide a pre- ported information concerning Major Gen- How much time do I have remaining, scription drug benefit. It is a bill to eral Clark. Major General Clark was in com- Mr. President? carry out the right wing agenda and mand of the 101st Airborne Division (Air As- The PRESIDING OFFICER. The Sen- asks the elderly to swallow unprece- sault) and Fort Campbell at the time Private ator has 17 minutes of the 40 minutes. dented changes in Medicare in return First Class Barry Winchell, a member of the Mr. KENNEDY. I thank the Chair. If for a limited and inadequate small pre- command who was perceived to be homo- you would let me know when 15 min- sexual, was murdered in his barracks by an- scription drug benefit. other member of the command. The Depart- utes have been used, I would appreciate This conference report is so ill-con- ment of the Army Inspector General con- it. ceived, not only does it put the whole ducted an investigation into the facts and CONFERENCE REPORT ON MEDICARE Medicare Program at risk, it makes 9 circumstances surrounding the death of Pri- Mr. President, in a very few days we million seniors, almost a quarter of the vate First Class Winchell and the Inspector are going to be confronted with the Medicare population, worse off than General conducted a command climate as- conference report on Medicare. There they are today. If this bill passes, the sessment at Fort Campbell. Neither the in- is no more important issue facing the country will want to know: Where was vestigation nor the command climate assess- their Senator when the Senate debated ment determined that Major General Clark Congress and no more important issue was culpable. We previously provided you to senior citizens and their families. a bill that left a quarter of all seniors with a copy of the Department of the Army Every senior citizen, every child of sen- with worse drug coverage than before Inspector General’s Report and this incident ior citizens, and every American should the bill passed? Where was their Sen- was addressed in detail at an Executive Ses- understand that this legislation must ator when the Senate debated a so- sion of the Senate Armed Services Com- be defeated or drastically modified. called premium support demonstration mittee in the 107th Congress. This conference report represents a that jacked up senior citizens’ pre- I have attached a copy of the following in- right-wing agenda to privatize Medi- miums—senior citizens who live on a formation for your consideration: chro- care and to force senior citizens into fixed income, who have a median in- nology of the actions and initiatives taken by the Department of Defense and the De- HMOs and private insurance plans. The come of about $14,000—starting us down partment of the Army immediately fol- day it is implemented, it will make the road to the unraveling of Medicare? lowing the death of Private First Class millions of seniors worse off than they Where was their Senator when the Sen- Winchell; a detailed chronology of published are today. It is a cynical attempt to ate debated a bill that stacked the

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