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

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.065 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15037 deck against Medicare with a $12 bil- Some of the supporters of this pro- still, if you need some help, just come lion slush fund for PPOs and much gram claim it’s just a demonstration— my way. We have $12 billion here with higher payments for HMOs than stand- nothing to get excited about. But it’s which to reach out and help you. ard Medicare? Where was their Senator not a demonstration. Under the terms Medicare will pay at least 25 percent when the bill gave away $6 billion to of the demonstration, 7 million Ameri- more to insurance companies for every health savings accounts that could cans could be forced into the program. senior citizen who joins an HMO and jeopardize whole systems of health in- Half the States have local areas where PPO than it would cost to care for the surance? senior citizens could be forced to take same person in Medicare. That is com- On issue after issue after issue after part in this demonstration. petition? That is competition, my issue, this report abandons the bipar- And that’s just today. Tomorrow it friends? That is competition? That is tisan Senate bill and capitulates to the will be 10 million senior citizens, or 20 what is in this conference report. partisan right-wing House bill. On million, or the whole country. People The Medicare trust fund, which to- some issues it is even to the right of say we can change it. Change it? We day’s retirees paid into and rely on, what the House passed. will have to pass a law to change it. We will be robbed to lavish billions of dol- One of the most important of these will have to come to the Senate and lars on HMOs. That money, that 25 per- destructive changes is a concept called the House of Representatives to change cent additional premium, ought to be premium support. It should really be it. invested right back in terms of the called insurance company profit sup- This program will drain healthy sen- drug program for our seniors. port or senior citizen coercion support. iors from Medicare and leave behind There is no truer indication of a na- It replaces the stable, reliable, depend- those who are sick and need help the tion’s priorities than the investments able premium that senior citizens pay most and it will send premiums for it makes. The legislation the Senate for Medicare today with an unstable, those who remain in traditional Medi- considers today squanders that historic unaffordable premium. care up through the roof. People who opportunity with reckless disregard for Under premium support, the adminis- support this program make no secret the Nation’s health. tration’s own estimates show the aver- what they want to do. They are on No provision in the bill reveals its age Medicare premiums will initially record as saying that Medicare is out- warped priorities more clearly than the jump 25 percent. That is the adminis- dated and should be scrapped and sen- $12 billion slush fund to lure HMOs into tration’s estimate. Several years ago iors should be forced into HMOs. That Medicare. Let’s see if I have the reasoning be- the estimate was a whopping 47 per- is the same philosophy the President hind this fund right. The supporters of cent. embraced when he initially proposed to this legislation are so convinced HMOs The truth is, no one really knows give senior citizens a drug benefit only can provide health care to senior citi- how high the Medicare premiums could if they joined an HMO or PPO. Remem- rise. But rise they will. But we do know zens more efficiently than Medicare ber that? That is what this President that they have given HMOs a $12 bil- this. Over time, the increase will be- wanted in March of this year. You only come higher and higher and higher and lion payoff so they can compete. If get the prescription drug program if they are so efficient, why do they need higher. That is just average premiums. you left the Medicare system and a handout? Under premium support, how much you joined. We have carried that view for- I guess the sponsors believe the 9-per- pay will depend on where one lives, and ward with this program. I respect their cent reimbursement bonus HMOs al- the amount could change dramatically opinions, but they should not use a pre- ready get is not enough, and that is on from year to year. In Florida, you will scription drug program as a Trojan top of the 16 percent boost HMOs get pay $900 in Osceola and $2,000 if you horse to foist a bad idea on senior citi- from serving a healthier population. It live in Dade County. This chart dem- zens. is a good thing HMOs are so efficient or onstrates the price of premium sup- The second way this program we might have to bleed Medicare com- port. This is not my estimate of what privatizes and voucherizes Medicare is pletely dry to pay for them. the premiums are going to be. This is by providing vast subsidies to the pri- I wonder which HMO will be the the estimate of the Medicare actuaries. vate sector at the expense of Medicare. lucky winner for the $12 billion Gov- If you live in Dade County, you will Payments to the private sector will be ernment handout. Will it be United pay $2,050; if you live in Osceola, you 109 percent of the payments to Medi- Health Group, which made $1.4 billion will pay $1,000, twice as much. Explain care for the private companies. If we last year? Or maybe the $12 billion lot- that to someone who has a house in want competition, can someone explain tery winner will be WellPoint, whose Dade County when they find out their to me why we have to give 109 percent profits last year were $703 million, and neighbor is paying half of what they of what we are giving to Medicare to whose CEO made $22.4 million. Perhaps are paying because of premium sup- the private companies? Who is paying the sponsors of this legislation think port. This is just the beginning. for those billions of dollars? It is the he needs a handout to make ends meet. Premium support is a vast social ex- Medicare population. They have paid Anyone who reads the bill and comes periment using senior citizens as guin- in. They are paying in. They are the to these provisions setting up this ea pigs. If it works as the proponents ones who will pay the 109 percent. slush fund should be sickened at what intend, it will raise the premiums in I thought competition was supposed they see. I challenge the supporters of Medicare dramatically and force senior to be an even playing field. Not in this this legislation to go to a senior center citizens to join HMOs and PPOs to get bill. Medicare is at one level; the HMOs in their State, to go to the coffee shop prescription drugs. Why would anyone are at 109 percent of Medicare. That is on Main Street, to go to the churches want to make the destructive changes what they are getting. Medicare over- and explain to the seniors they meet to the Medicare Program that have pays by 16 percent because HMO enroll- why their Medicare benefits are being served senior citizens so well for 40 ees are healthier. That is according to stinted to give a $12 billion handout to years? The answer is a radical ide- the CMS, the governmental institution HMOs. Explain to them why, with all ology. They say Medicare is bad. HMOs that reviews these statistics. They find the Medicare improvements that could and PPOs are good. out seniors in private plans are 16 per- be made with $12 billion, this bill de- There is no mystery here. We know cent healthier than those in traditional cided the best use of that money is to what this is all about. The principal Medicare. We ask for a level playing inflate the profits of an HMO industry supporters of premium support are field yet they get 109 percent of what that is expected to make $6 billion this those people who are strongly opposed Medicare receives. And the people they year. to Medicare. Many of our colleagues— are caring for are a good deal healthier This bill not only undermines Medi- our friends, but our political adver- than those in Medicare. care, we find 6 million senior citizens saries—want to see the Medicare sys- It does not stop there. The private and disabled people on Medicaid—the tem withdrawn or destroyed. What do plans have an additional $12 billion poorest of the poor—will be worse off. they support? Premium support. What slush fund in case they are having dif- Their out-of-pocket payments will be has been accepted in this conference? ficulty. The 109 percent is not enough. raised, and their access to drugs could Premium support. They have a healthier population. But be curtailed.

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.057 S18PT1 S15038 CONGRESSIONAL RECORD — SENATE November 18, 2003 Two to 3 million people with good groups here. I ask unanimous consent support it. It was always my hope that employer retiree drug coverage will that list be printed in the RECORD. once it went through the conference lose it, according to CBO estimates. There being no objection, the mate- committee it would be improved. In- This means almost a quarter of all rial was ordered to be printed in the deed, from what I know of the bill so Medicare beneficiaries will be worse off RECORD, as follows: far, it has been. But I am so far unde- the day this bill passes. ORGANIZATIONS OPPOSED TO MEDICARE cided on how to vote on the conference This legislation reimposes the asset CONFERENCE REPORT report. test, retreats from the positive things National committee to Preserve Social Secu- Mr. DAYTON. Mr. President, will the in the Senate bill. Not only does this rity and Medicare Senator yield for a question? What is agreement put all the dreadful things Alliance for Retired Americans the order of business before the Sen- in that harm senior citizens, it Families USA ate? unravels Medicare by reimposing the US Action The PRESIDING OFFICER. Does the asset test. Three million people who Medicare Rights Center Senator from Texas yield for a ques- Center for Medicare Advocacy were protected with the Senate bill are Consumers Union tion? cut off in this program. National Health Law Program Mr. CORNYN. Mr. President, if I can Finally, this conference puts in place National Senior Citizens Law Center conclude my remarks, then I would be an unrestricted program on health sav- New York State Alliance for Retired Ameri- glad to yield for a question in the time ings accounts, what used to be called cans that remains. medical savings accounts. They pro- Seniors Citizens Law, Albuquerque, NM My concern was about some of the vide billions of new tax breaks for the Legal Assistance to the Elderly, San Fran- comments made or the characteriza- healthy and the wealthy. cisco, CA tion made about the bill as being the The PRESIDING OFFICER. The Sen- Medicare Advocacy Project of Greater Bos- product of some rightwing agenda. I do ton Legal Services ator has consumed all but 2 minutes. Connecticut Association of Area Agencies on note in the announcement I heard, Mr. KENNEDY. Worse, they encour- Aging along with the American people, on age the healthy and wealthy to take PRO Seniors Health Care Consumer Rights Saturday, with the majority leader and high deductible policies, policies that Project Chairman CHUCK GRASSLEY of the Sen- require you to pay thousands of dollars NETWORK: A Catholic Social Justice Lobby ate Finance Committee seated there, before you get benefits. That is fine for American Public Health Association and also the Speaker of the House people who can afford to put money Arizona Center for Disability Law DENNY HASTERT, and others, including into a tax-free savings account, but it Center for Health Care Rights, Los Angeles, the ranking member of the Senate Fi- is not good for ordinary working peo- CA Florida Community Health Action Informa- nance Committee, MAX BAUCUS, who is ple. tion Network a Democrat, and JOHN BREAUX, the We all know what is going on here. Florida Legal Services Senator from Louisiana, another Dem- Not a word in this controversy is about Human Services Coalition of Miami Dade ocrat, who both have been leaders on prescription drugs for senior citizens. County Medicare reform, and what was an- We have an agreement on that. In the United Food and Commercial Workers nounced was a bipartisan conference Senate we had a solid bipartisan com- United Auto Workers committee agreement on principles. promise that would have helped mil- American Federation of State, County, and I do not know how this debate will lions of seniors pay for the drugs they Municipal Employees ultimately pan out, but I do not believe American Federation of Teachers so desperately need. It was not full cov- International Association of Fire Fighters the debate is advanced by, frankly, erage, but it was a good start. That is National Education Association characterizing it as a product of some not the issue here. We could send the Service Employees International Union conspiracy or captive of some special bipartisan Senate bill to the White AFL–CIO interest agenda. I do know there are a House this afternoon. President Bush International Association of Machinists and lot of people who have been active on could sign it before supper. But Repub- Aerospace Workers this issue on both sides of the aisle who licans will not do that. They are hold- International Longshore and Warehouse support the bill. There are others who ing prescription drug coverage hostage Union express concerns, and I want to explore Transport Workers Union of America to their plan to destroy Medicare. They United Steelworkers of America those in the coming days in deciding could never pass that plan on its own, National Association of Area Agencies on how I might ultimately vote. so they are adding it to the prescrip- Aging and the Center for Aging Policy But, Mr. President, I came to the tion drug bill. Shame on them. Older Women’s League floor to talk about what I thought was They say they have to destroy Medi- National Taxpayers Union the subject of the day and of this hour, care in order to save it. That is non- United Food and Commercial Workers Inter- which is the promotion of MG Robert sense. There is nothing wrong with national Union. Clark to lieutenant general. Medicare that Republicans can fix. The PRESIDING OFFICER (Mr. First and foremost, I am well aware There is still time to do what is CRAPO). The Senator’s time has ex- of some of the concerns that have been right. Let’s stand up for senior citizens pired. expressed about Major General Clark. I and for prescription drug coverage of Who yields time? do not believe these concerns are based Medicare. Let’s stand up against this The Senator from Alabama. on any facts, but perhaps sentiment conference report and these shameful Mr. SESSIONS. Mr. President, I alone. assaults on Medicare. think Senator CORNYN is seeking rec- As we know, as the record reflects, in I will include at this point the orga- ognition. July 1999, a soldier named PFC Barry nizations opposed to the Medicare con- The PRESIDING OFFICER. The Sen- Winchell in General Clark’s division ference report. Included are the Na- ator from Texas. was murdered by a fellow soldier at tional Committee to Preserve Social Mr. CORNYN. Mr. President, I came Fort Campbell in Kentucky. It is al- Security; the Alliance for Retired to the floor because I know this is the leged this young man was murdered be- Americans; Families USA; Medicare time that was set aside to talk about cause he was perceived to be a homo- Rights Center; Center for Medicare Ad- the nomination of MG Robert Clark sexual. vocacy; Consumers Union, National and his promotion to lieutenant gen- I am sure I speak for the entire Sen- Senior Citizens Law Center; NET- eral. I want to talk about that in just ate when I say such inhumane acts de- WORK: A Catholic Social Justice a moment. serve every condemnation. My heart, Lobby; American Public Health Asso- I would say I have been interested in and that of others, goes out to the ciation; the American Federation of listening to the comments of the Sen- friends and family of Barry Winchell as State, County, and Municipal Employ- ator from Massachusetts on another they mourn his untimely demise. ees; the American Federation of Teach- topic, on the Medicare conference re- The perpetrators of this heinous ers; NEA; Service Employees Inter- port that will soon come to the floor. I crime were, however, punished to the national Union; AFL–CIO; Older Wom- must confess when that bill was first fullest extent of the law. As the con- en’s League—there are close to 40 considered by this body, I could not vening authority for the court-martial,

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.059 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15039 Major General Clark played a key role record demonstrates that he has been a on this matter because it is one that is in ensuring the people who savagely fine officer and, indeed, a great Amer- deserving of all the attention and con- killed Private First Class Winchell ican patriot. cern of the Members of this body, and were, in fact, brought to justice. But there is also this: When Major it is a very difficult matter, one that I Unfortunately, there are those who General Clark was only First Lieuten- wish we didn’t have to confront in this want to unfairly blame major General ant Clark, barely a year in uniform, he Chamber and one I wish we didn’t have Clark for this tragic death. was serving in Vietnam as the first pla- to confront in this country. This is a very serious charge and toon leader of Company A, the Second But we do. We have a general with, should not be made lightly. I commend Battalion of the 8th Calvary, the 1st generally, a very distinguished record, Chairman WARNER for his excellent Calvary Division. As his men were who now has been nominated for pro- work in making sure that this nomina- being extracted from hostile territory motion to a very high office, com- tion has been carefully considered by following a ground reconnaissance mis- manding general of the Fifth Army. I the Senate Armed Services Committee. sion, they were engaged by enemy mor- have the greatest respect for the top In fact, the committee spent more than tar fire, and the first two rounds echelon of our military command, as I a year looking into this tragic situa- caused heavy casualties, including have come to watch them, work with tion so that we could make sure we Lieutenant Clark. A lesser soldier them, see their dedication and their knew everything that could be known might have faltered in this situation, professionalism and their compassion about the facts and circumstances in- but even though he was wounded, Lieu- and concern for the men and women volving Private First Class Winchell’s tenant Clark did not forget his fore- under their command. I regret having death and any alleged culpability or re- most duty was to his own men. With to raise these questions about any one sponsibility that General Clark might total disregard for his personal safety, of them. bear for this tragedy. for his wounds, Lieutenant Clark put But we have a dead American soldier This is what we learned. The Depart- himself in the line of mortar fire again on the other hand, a young man who ment of the Army inspector general to carry wounded members of his com- lost his life while in uniform, while in conducted a full investigation into the pany out of harm’s way. He bravely the service of his country. He wasn’t facts and circumstances of the death of moved from position to position, urg- murdered in Iraq, as some of our brave Private First Class Winchell at Major ing his men on until help arrived. soldiers are these days, or in Afghani- General Clark’s request. The inspector For his wounds, Lieutenant Clark stan, or somewhere else. He wasn’t in a general also conducted an overall com- was awarded the Purple Heart; for his training accident, as some soldiers mand climate assessment at Fort valor, the Bronze Star. from Minnesota have been, in this Campbell which, as Chairman WARNER General Clark has literally bled for country or abroad. He was murdered. He was murdered pointed out, consisted of, at the time, his country. He has put his life on the by his own fellow American soldiers. about 25,000 soldiers. Neither the inves- line for his men and, yes, for us. He has His crime? His crime was that he was tigation nor the command climate as- dedicated himself to defending Amer- perceived and believed to be gay. I use sessment found that Major General ican freedoms against all enemies. In Clark was in any way responsible for that word ‘‘crime’’ rhetorically because short, he is a true American patriot. I don’t believe—I don’t think Ameri- this sad event. The record, in fact, There are brave young men and cans believe—that the sexual pref- demonstrates that General Clark con- women who today are doing exactly erence of an individual is a crime or ducted himself as a consummate pro- the same thing that General Clark was should be a crime. It is not a crime in fessional, before and after the homi- doing then: fighting for the cause of this country, punishable by death. cide. He adopted enhanced unit level freedom and democracy in the ongoing That can only happen in a country training programs to ensure that De- war on terror. They are serving a just such as Iraq, or some country with a partment of Defense policy was under- cause with bravery and dedication. I vicious totalitarian regime, where if stood and implemented. And he repeat- can think of no better leader than someone is different in any way and edly took personal action to commu- Major General Clark to serve as a liv- somebody decides it is wrong, they are nicate the requirements of the proper ing example to them, the next genera- not only excluded by society or dis- conduct and respect each soldier de- tion of American heroes. criminated against, but they are har- serves. I yield back any remaining time to assed, tortured, or executed. But not in The murder of Barry Winchell was in- the Senator from Alabama. the United States of America. deed a tragedy. But it would be wrong The PRESIDING OFFICER. Who However, it happened in this country to allow the career of a great American yields time? at Fort Campbell, KY, in 1999, under soldier to be ended over false allega- Mr. SESSIONS. Mr. President, I General Clark’s command. The soldiers tions of some vague perceived short- think the Senator from Minnesota is to who committed that terrible crime comings, when it is clear that he joins be recognized next. Is there a time have been prosecuted, convicted, and all of us in condemning the despicable agreement, to clarify my own under- are serving sentences. actions of the drunken soldier that standing? The military system that allowed took Barry Winchell’s life. The PRESIDING OFFICER. The Sen- that atrocity to occur remains. It is a General Clark is more than worthy of ator from Alabama controls 29 minutes system which permitted a succession of promotion to lieutenant general. A San at this point. The minority controls al- actions—from taunts, humiliations, Antonio native, General Clark is a most 20 minutes. bullying, all sorts of prejudice, im- graduate of Texas Tech University and, Mr. SESSIONS. I thank the Chair. moral and illegal behavior—to occur like many brave Texans, he chose to The PRESIDING OFFICER. Under and recur. What happened as a con- serve his country in a military career. the agreement, 15 of the minority’s 20 sequence? Nothing. Nothing. Nothing, In fact, 1 out of every 10 men and minutes is pledged to the Senator from unfortunately, is what happens most of women in uniform today is from the Minnesota. the time in the Army of this country State of Texas, something of which we Mr. SESSIONS. I see. I yield the today. are immensely proud. What a career floor. I am very proud of that Army in General Clark has had, spanning more The PRESIDING OFFICER. The Sen- many respects, but I am not proud of than three decades on as many con- ator from Minnesota. an Army, or any other institution in tinents. Among other decorations, Gen- Mr. DAYTON. I thank my colleague this country, that permits discrimina- eral Clark has received the Distin- from Alabama. I had not intended to tion against men and women because of guished Service Medal, the Legion of interrupt my distinguished colleague their sexual preference. It is just that Merit with four Oak Leaf Clusters, the from Texas with whom I have traveled nothing usually happens when young Bronze Star for Valor, and the Bronze to Iraq and other places, but I mis- women are assaulted and raped at the Star with Oak Leaf Cluster for his understood exactly where we were, Air Force Academy—another matter service. given the subject matter that was we are dealing with on the Armed Serv- To my mind, these achievements being discussed. I apologize for the ices Committee. Their ‘‘crime’’ is that alone would merit his promotion. His interruption. I will focus my remarks they are women.

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.061 S18PT1 S15040 CONGRESSIONAL RECORD — SENATE November 18, 2003 Women have been admitted to the say, barely marginal. General Clark’s pressed here—and I take them at good Air Force Academy for 30 years and actions in many other instances faith, but if we mean that, we are not have been flying side by side in air- throughout his distinguished career going to be satisfied, and we should not planes, and taking all of the risks, and have been extraordinary, heroic, and be, by doing nothing other than pro- doing as well as their counterparts. commendable, and I salute him for moting this general today. But they are being assaulted and raped them. But it wasn’t only his actions We owe it to those men and women time after time. We have discovered after this atrocity that were called who have suffered, and those who have that at the Air Force Academy, what into question; it was the actions and lost their lives through these atroc- has usually happened to the perpetra- inaction before this occurred, which ities, to take responsibility and tell the tors of those crimes is very little or permitted in this environment of op- military, because we are the civilian nothing. portunities for repeated discrimination command, that we are not going to do These are impressionable young men and harassment—for an NCO who was it; the buck stops here because no one and women in our Armed Forces—most clearly unfit to be responsible for im- else will, that we are going to insist on of them. They are outstanding young pressionable young men who, by his an armed forces that reflects, rep- men and women. I have interviewed a own conduct—or misconduct—showed resents, and defends the standards of number of them. I think all of us have them how not to treat a fellow soldier. the basic decency the founding prin- that responsibility. I find, when I have That is what concerns me about this ciples of this country that all men and the opportunity to interview young today. women are created equal, they are en- men and women who are seeking ad- I expect we will confirm General dowed by their Creator with certain mission to or nomination to our mili- Clark’s promotion. He will go on, and I unalienable rights, that among them tary academies, that they are really hope he performs with great distinc- are life, liberty, and the pursuit of hap- fine young men and women. There is a tion, as I believe he will, as a com- piness, and the right to defend their lot of competition to get in. When I manding general of the 5th Army. But country and be a patriot and not have have those interviews, when I am talk- what is going to happen to all the somebody attacking them, humiliating ing to other young men and women in other gay and lesbian soldiers out them, or murdering them because of uniform as I travel back and forth, I there? What kind of message are we who they are. don’t see these kinds of attitudes. I sending to them? What kind of message That is the responsibility of leader- don’t see young men and women who do we send to the young women who ship. That starts at the top, all the way are looking at their fellow soldiers get raped at the Air Force Academy down. It does not come from the bot- with this kind of prejudice or are con- when they see those who commit the tom because that is where the base sidering these kinds of atrocities. terrible acts being promoted? What level is. It has to come from the top, I just visited, in Minnesota over the happens to a military’s network of peo- from the commanders, from the civil- weekend, a soldier who had one side of ple when those promotions occur un- ians who are responsible for the system his arm shredded while serving in the touched by these kinds of atrocities, which they command and for those who Iraqi theater. He is recovering, thank and eventually they are the military are putting their lives, their hopes, God. He is a 21-year-old young man. He command or they are throughout the their dreams, and their careers on the will recover. Another young Minneso- military command? How are we ever line. We have a lot of work to do. tan lost most of his right leg, but he going to change what is going on in I yield the floor. has great spirit and morale and he will these situations if no one is held ac- The PRESIDING OFFICER. Who live a great life. countable, if there is no consequence yields time? But I have also visited parents of for not doing what a commander Mr. SESSIONS. Mr. President, I yield young men and women who are not re- should do—what in some instances to the Senator from Georgia. covering, who are not coming home be- they are required by law to do? The PRESIDING OFFICER. The Sen- cause they paid the ultimate price for Regardless, common sense and de- ator from Georgia. their service. I am on the Armed Serv- cency and morality would tell them Mr. CHAMBLISS. Mr. President, I ices Committee, and when I look at the that anybody responsible for the lives thank the Senator from Alabama for reports and the casualty figures of the of young people ought to keep people yielding me a few minutes to discuss brave young Americans who are being from ganging up or abusing or assault- the nomination of GEN Robert Clark. I injured or wounded or maimed or who ing or picking on or murdering a fellow rise in support of the nomination. This died in combat, I don’t see categories human being—not to mention a fellow is a very sensitive issue and it is one of ‘‘heterosexual’’ or ‘‘gay’’ or ‘‘les- soldier but a fellow American citizen. that needs to be dealt with in the right bian’’ and I don’t see ‘‘women’’ or What happens to all of us when we let way by this body, and I think it has ‘‘men.’’ I see American soldiers, with that go on? been. the same kind of blood and bodies. All As I said earlier, I think the U.S. The tragic death of PVT Barry they are asking is an equal opportunity military is outstanding in so many re- Winchell should never have occurred, to serve their country, to risk their spects. It is that institution where, his- nor should any murder of that sort. lives in the service of their country— torically, young men and women have The fact is, once it did occur, General even to die in the service of their coun- been able to come from all over the Clark did everything within his power, try. country, all different backgrounds; it is first, to see that justice was done. Amazingly enough, that is what the great opportunity provider. It During the course of seeing that jus- these young women who are going to doesn’t matter if your parents don’t tice was done, there was a review of all the Air Force Academy, and the young have any money or if you don’t have of his procedures and regulations that men and women entering the Armed much education; you can find yourself were in place at Fort Campbell relative Forces, who have a same-sex affinity— and become somebody and either serve to the circumstances that led up to that is what they want, the same op- with great distinction and make it a this unfortunate death. General Clark portunity to fight, to be heroic, and career or you can come back into soci- was somewhat handicapped by not even to die for their country. ety and do just as well. But you are not being able to speak out openly and pub- That is what makes it so inexplicable going to be that kind of person or that licly after the death because he was a and inexcusable and unforgivable when kind of professional or that kind of cit- convening authority for the court-mar- they are discriminated against, when izen or leader of this country if you are tial and therefore he could not really they are treated the way they are, and learning that is what happens, and that come forward and have a whole lot to when they have nowhere to turn. is OK, and those who do it get pro- say about the facts and circumstances So who is responsible? Who is ac- moted, and those who are the victims leading up to the death of Private countable? Who loses a rank or a pro- suffer the terrible consequences. Winchell. motion or a star because a gay soldier That is a terribly destructive mes- The fact is that he did make some was murdered under his command? sage to those individuals, a terribly de- changes in the procedures. He did make General Clark’s actions following that structive result to our Nation; and if sure other regulations that had been in atrocity were questionable and, I would this body means the concerns it ex- place prior to this unfortunate death

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.064 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15041 were enforced to an even greater degree for every action that took place under military. This position requires proven than at the time this incident oc- his watch, at every rank. He never leadership skills. curred. shifted blame, and he never accepted I do not think that General Clark It is truly a tragic situation that was failure. showed leadership at Fort Campbell, of great concern to General Clark. I The same, cannot be said for General either before or after Private Winchell have had the opportunity to visit with Clark. was murdered. He let Private Winchell him on a couple of different occasions, In 1999, while General Clark was the down. He passed the buck. and one does not have to talk with him commanding officer at Fort Campbell I rise today to say that General very long to see the concern in his eyes in Kentucky, Private First Class Barry Clark’s lack of leadership at Fort and in his heart relative to the death of Winchell was bludgeoned to death with Campbell dissuade me from supporting Private Winchell. a baseball bat by a fellow soldier who his promotion. I believe this promotion I have also had the opportunity to believed that Private Winchell was sends the wrong message about what meet with Private Winchell’s parents. gay. we expect from our commanding offi- Again, we expressed to them deep sor- Did General Clark immediately ac- cers, especially now in a time of war. row and that our prayers go out to cept responsibility for this terrible in- I served in the Army Signal Corps in them. No matter what, we cannot bring cident? Did he use his position of au- Europe during World War II. Over the their son back. I think we do need to thority to stamp out the hateful and course of my three years of service, I make sure that as we move through dangerous climate of anti-gay senti- never encountered a superior officer this process we review what was done ment on the base? who avoided responsibility for his sol- relative to the facts and circumstances No, he did not. Instead, General diers or their actions. Each and every leading up to this terrible murder and Clark claimed that there wasn’t any- one of my commanding officers ex- the facts and circumstances as they oc- thing wrong on his base, denying that a pected and demanded the best from me; curred after the death of Private vile culture of hate and harassment their leadership, in turn, inspired me Winchell. against gays had been pervasive for to do my best. As I reviewed this situation with some time. But his sentiments do not I don’t think Major General Clark in- General Clark and as I looked at the IG jibe with reports from soldiers at the spires such dedication and service. investigation that he ordered to take base detailing widespread harassment Therefore, I will vote against this nom- place after the death occurred and of soldiers thought to be homosexual ination and urge my colleagues to do after the court-martial was completed, and the ubiquitous presence of anti-gay the same. it is pretty obvious that he did every- graffiti. (At the request of Mr. DASCHLE, the thing he could have done to ensure The hazing and harassment that Pri- following statement was ordered to be that justice was done and that the at- vate Winchell experienced before his printed in the RECORD.) mosphere surrounding the troops at murder were so pernicious that he ∑ Mr. KERRY. Mr. President, I oppose Fort Campbell was not poisoned and bravely reported these episodes to the the nomination of MG Robert T. Clark everybody was treated in an equal and inspector general. This was a very to the rank of lieutenant general. The fair manner. risky course of action because it could facts surrounding his conduct, prior to It is very unfortunate that this situa- have led to Private Winchell’s dis- and after the murder of PFC Barry tion had to occur, but at the same time charge under the ‘‘Don’t Ask, Don’t Winchell, raise questions about his it is very important that we make sure Tell’’ policy. leadership and judgment that have not the procedures of the Army are fol- On his departure from Fort Campbell, been answered to my satisfaction. lowed very closely, and they were. It is General Clark declared, ‘‘There is not, The Inspector General of the Army, very important that we make sure the nor has there ever been during my time while clearing Major General Clark of sensitivity directed towards the family here, a climate of homophobia on fostering a hostile environment at Fort has taken place, and I believe it has. It post.’’ Tell that to Barry Winchell’s Campbell, raised serious issues about has not been a perfect situation. Gen- family. discipline at the base. Furthermore, eral Clark, just as any officer or any Apparently, the buck did not stop some of Major General Clark’s actions individual in the corporate structure of with General Clark. Instead of address- after Private Winchell’s murder raise any company in America, can look ing the problem of homophobia at Fort legitimate questions about his fitness back on a situation as tragic as this Campbell, General Clark ignored it. for higher command. In the immediate and say that maybe they should have Immediately after Private Winchell’s aftermath of the murder, for example, done something a little bit differently. murder, General Clark remained silent. a public affairs officer at the base The fact is, General Clark has always He did not condemn anti-gay behavior issued a statement describing the mur- provided strong leadership during his on his base. He refused to meet with der as a ‘‘physical altercation in a post career in the U.S. Army, and I think, gay rights organizations who simply barracks.’’ This gross distortion of the once again, he exhibited strong leader- wanted to address the homophobia facts was not corrected. In fact, Pri- ship. prevalent there. Surprisingly, General vate Winchell had been asleep at the He did everything within his power Clark failed to request the psycho- time his murderer struck, goaded on by to see that justice was done and to see logical and training services provided other soldiers. General Clark took no that appropriate rules and regulations by the Army on how to address anti- steps to correct this claim in public, were put in place where they needed to gay harassment after the murder. and later defended his action as in be and that they were carried out to General Clark even delayed meeting keeping with his mandate not to preju- the highest degree. So I rise in support with Private Winchell’s family—de- dice the ongoing investigation. Regret- of GEN Clark, and I hope my col- spite their repeated entreaties—for al- tably, these actions leave the appear- leagues will see fit to confirm his nom- most 4 years after his murder. I find ance of a general officer who did not ination. this particularly inexplicable and inex- want the negative attention that would I yield the floor. cusable. result from a hate crime under his Mr. LAUTENBERG. Mr. President, I The tragic murder of Private command. will vote against the nomination of Winchell was not the only problem oc- General Officers are rightly held to Major General Robert T. Clark to the curring at Fort Campbell. According to incredibly high standards of conduct, rank of Lieutenant General and to the an Inspector General review of the and they should be. The men and position of Commander, United States base, Fort Campbell suffered from low women under their command are wor- Fifth Army. morale, dilapidated barracks in need of thy of no less. In this case, Major Gen- Former President Harry Truman repair, inadequate health care, and sig- eral Clark appears to have come up placed a sign on his desk in the Oval nificant problems with underage drink- short, as evidenced by the Senate Office that read ‘‘The Buck Stops ing. Armed Services Committee’s failure to Here.’’ As Commander in Chief of the Today, the Senate faces the decision pass this nomination unanimously. In- United States Armed Services, Presi- whether to promote General Clark to a stead of clarity, the nomination proc- dent Truman took full responsibility very high-ranking position in the U.S. ess has left us with lingering concerns

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.066 S18PT1 S15042 CONGRESSIONAL RECORD — SENATE November 18, 2003 about the general’s fitness for higher I have deep respect and admiration Clark had been in command of the 101st command. for our military leaders. I have often Airborne Division for 17 months prior Mr. President, I recognize and appre- said that anyone who achieves the to Private First Class Winchell’s death. ciate Major General Clark’s long serv- rank of a flag or general officer de- While I understand a commanding gen- ice in the Armed Forces of our country. serves a Ph.D. for the amount of edu- eral is not responsible for the indi- But there remain too many legitimate cation and training they have success- vidual actions of his soldiers, I firmly questions about his leadership and fully completed to attain such distin- believe that a commanding general judgment stemming from his command guished rank. In my capacity as a sets the tone on an installation and of the 101st Airborne at the time of Pri- member of the Senate Armed Services can influence what his soldiers believe vate Winchell’s murder to confirm his Committee and the co-chair of the Sen- will be considered ‘‘acceptable’’ behav- nomination to the rank of lieutenant ate Army Caucus, I have had the privi- ior. I was disturbed to learn of repeated general.∑ lege of working with many of our Na- instances of underage drinking and Mr. FEINGOLD. Mr. President, I tion’s most respected military leaders. harassment, and of the assessment, want to speak today on the nomination This has been a difficult decision for particularly of those soldiers in Pri- for promotion of Major General Robert me. General Clark’s promotion has vate First Class Winchell’s unit, of the T. Clark and the broader issue of the been pending consideration before the command climate prior to Private Department of Defense’s ‘‘Don’t Ask, Senate Armed Services Committee for First Class Winchell’s death. Don’t Tell’’ policy. The unusually 14 months. Military promotions are I am also disturbed by General lengthy and controversial nomination usually very simple to consider, and Clark’s refusal to take responsibility of General Clark has, once again, are rarely troublesome or controver- for the incident. During his tenure as brought attention to the failure of the sial. I normally do not hear from my Chief of Staff of the Army, General Pentagon’s policy towards gay constituency about a military pro- Eric Shinseki took responsibility for servicemembers. It is high time that motion. In this case, however, I was what happened to Private First Class we stop this policy of codified discrimi- contacted by a number of my constitu- Winchell. This reflects official Army nation against our brave servicemen ents asking me to oppose General policy that commanders at all levels and women who happen to be gay. Clark’s promotion, primarily for his are accountable for everything their I fear that this policy may have been actions as Commanding General of the command does or fails to do. As a lead- a contributing factor in the June 5, 101st Airborne Division at Fort Camp- er, I believe General Clark should have 1999, brutal murder of PVT Barry bell, KY, during a difficult time when taken responsibility or expressed ac- Winchell at Fort Campbell, KY, a base PFC Barry Winchell was murdered. For countability for the circumstances commanded by General Clark. I will this reason, I made sure that I had the that led to this Private First Class not reiterate the facts of that case at opportunity to review as much mate- Winchell’s death. this time, but I will say that there are rial as possible pertaining to General I believe his failure to initiate a strong indications that there was a Clark’s career as well as the facts sur- meeting with Private First Class pervasive and hostile anti-gay climate rounding the incident that led to Pri- Winchell’s family reflects poor leader- at Fort Campbell both before and after vate First Class Winchell’s death. ship on his part. His position as con- the tragic murder of Private Winchell In March 2003, I joined some of my vening authority did not prevent him and that the base leadership, including colleagues in writing a letter to the from meeting with the parents of a sol- General Clark, appears to have done distinguished chairman and ranking dier murdered on an installation over little, if anything, to address it. member of the Senate Armed Services which he had command and responsi- Mr. President, the ‘‘Don’t Ask, Don’t Committee to request information re- bility. Tell’’ policy has failed. It failed to give garding the specific actions General Again, General Clark’s record re- Private Winchell useful options to Clark took to eliminate the climate of flects that he has led a distinguished combat the harassment he faced during anti-gay harassment that existed at military career. However, I do not be- the months prior to his murder. It Fort Campbell prior to Private First lieve his actions as the Commanding failed to force General Clark to take Class Winchell’s death; statements General of the 101st Airborne Division effective action to eliminate the anti- General Clark made regarding antigay at Fort Campbell, KY, warrant his pro- gay climate at Fort Campbell. And it harassment to officers, soldiers, and motion to lieutenant general. continues to fail to stop the discrimi- the public; the policies he promulgated nation and harassment faced by our addressing this issue; other steps he The PRESIDING OFFICER. The Sen- brave gay servicemembers. took to prevent further acts of violence ator from Michigan. I want to take this opportunity to and harassment; how he handled the Mr. LEVIN. Mr. President, this has urge the Pentagon to begin instituting Winchell case in comparison to other been a very difficult nomination for changes to its policy towards gay serious crimes occurring during his the Armed Services Committee. We servicemembers. The Pentagon should command; and his response, as well as worked very hard for over a year to en- provide, at a minimum, a safe place for the response of those around him, to sure that we developed all of the rel- gay and lesbian servicemembers to re- requests by Private First Class evant facts so we could make an in- port harassment without fear that they Winchell’s family to meet with him. I formed decision. In fact, this nomina- will be kicked out of the military be- reviewed the information provided and tion was first sent to the Congress in cause of their sexual orientation. This participated in an executive session the last session and then was resub- modest step would be one small way to held on October 23, 2003, where General mitted in this session. honor the memory of Private Winchell Clark was available for questions. It is totally appropriate that we took and to prevent what happened to him After reviewing all of the informa- this time to address Major General from ever happening again. tion and listening to General Clark’s Clark’s nomination because PFC Barry Mr. AKAKA. Mr. President, I rise testimony, I decided that I could not Winchell, a soldier serving in Major today to discuss the promotion of support his promotion to Lieutenant General Clark’s command at Fort Major General Robert T. Clark to Lieu- General. General Clark’s professional Campbell, was brutally murdered by tenant General in the United States record reflects many distinguished ac- another soldier on July 5, 1999. Army, which is pending consideration complishments as a military officer. Fort Campbell is a large fort, perhaps by the Senate. On October 23, 2003, the However, I remain concerned about his 25,000 soldiers and 46,000 family mem- Senate Committee on Armed Services lack of what I believe to be leadership bers. We were interested in what the voted to favorably report General qualities that are necessary for today’s command climate was in Major Gen- Clark’s promotion for consideration by military leaders. eral Clark’s command, particularly as the Senate. The vote taken was a voice I remain disturbed by General it related to his command’s implemen- vote. I asked, however, that the record Clark’s continued reliance on lack of tation of the Department’s Homosexual reflect that had there been a recorded knowledge regarding misconduct and Conduct Policy. We also wanted to see vote, I would have voted to oppose this antigay harassment on post as a ra- how Major General Clark responded promotion. tionale for his lack of action. General after the murder.

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.079 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15043 Major General Clark asked the Army course, a dishonorable discharge from correct, as some have indicated, to say Inspector General to conduct an inves- the Army. people who fail to adhere to DOD pol- tigation into the facts and cir- Another soldier was convicted of ob- icy get promoted. General Clark acted cumstances surrounding the murder. struction of justice and making a false aggressively against the climate and The Inspector General conducted this official statement and was sentenced to the actions that resulted in this ter- investigation and also conducted an as- 121⁄2 years confinement and a dishonor- rible murder. sessment of the command climate at able discharge. In July of 1999, PVT Barry Winchell Fort Campbell before the murder. Nei- To the extent that justice can ever be was a member of the 502nd Infantry ther the investigation nor the com- done following a brutal murder of this Regiment. He was murdered in his bed mand climate assessment found fault kind, justice was done in this case. It as a result of a brutal assault by an- with Major General Clark’s actions. was done under the leadership of the other private, Calvin Glover. Before his We met with Private Winchell’s fam- convening authority, Major General death, Winchell had been perceived as ily. We met with Major General Clark Clark himself. gay by Private Glover, and Winchell on a number of occasions. We met with In the end, looking at all the infor- had complained about harassment in other Army officials. We met with or- mation that is available to us, I have his company to superiors. ganizations and individuals who ex- concluded that we should confirm this I should note that there was evidence pressed an interest in this nomination. nomination and that it would be appro- that a platoon sergeant had made in- So under Senator WARNER’s leadership, priate, at the same time, however, for sensitive comments about gays, but I believe our committee has given full us to take note of the events relative there was not evidence of command re- consideration to the nomination of to this nomination, that surround it, sponsibility in any way. Major General Clark and the events the length of time this nomination has In December of 1999, after General which have to be described as tragic been pending, all of the inquiries and Clark convened a court-martial and a when considering that nomination. investigations and reports which have trial was conducted, Private Glover Every one of us, every human being been requested, and hope all of this to- was convicted of first-degree premedi- who has knowledge of this incident, is gether will lead to a different environ- tated murder and was given life with- appalled by the brutal murder of a sol- ment and a different climate in the out parole. The individual who was Pri- dier sleeping in his barracks. So we unit at issue here. vate Glover’s buddy, who obstructed first wanted to look at, again, the inci- I ask for 1 additional minute, if I the investigation to some degree, was dent and the command climate prior to may, from the majority side. given 12 years in jail, without parole. the incident. We reviewed the Inspector Mr. SESSIONS. The Senator can use He is serving that time. General’s report that stated that the that from the majority side. I know the Chair has served as a law- chain of command, from commanding The PRESIDING OFFICER. The Sen- yer and clerk to Federal judges. Gen- general through company leaders, re- ator may proceed. eral Clark was the convening authority sponded appropriately to matters with Mr. LEVIN. I thank the Senator from for a general court-martial. He was the respect to the enforcement of the De- Alabama. superior commander on a base with partment of Defense Homosexual Con- When we put all this together, the 25,000 people. We don’t hold mayors re- duct Policy. hope, I think of all of us, is that the sponsible for crimes committed in cit- One of the most difficult issues had kind of climate that apparently existed ies of 25,000 people. In fact, one of the to do with the statement of Private in that one unit, not known to Major highest crime rates in America is Winchell’s family that they requested a General Clark—because the Inspector among young males. So, what we have personal meeting with Major General General found no evidence that he in this base is 25,000 of the kind of peo- Clark and they did not receive a per- knew of any anti-gay climate in any of ple who, statistically, tend to get in sonal meeting with him. the units, much less that one. There more fights, more crimes, and commit I think the fact they made that re- was in one unit some anti-gay rhetoric more murders than anyone else. That quest and it was not complied with was which was immediately responded to is my experience as a prosecutor. I troubling to all of us. As we dug into it, by the captain in charge of that unit. think it is indisputable that that is so. we heard from Major General Clark on As a matter of fact, the captain coun- So it is therefore not possible for a this issue. He looked us in the eye and seled the noncommissioned officer and commander of a 25,000 member facility said he never received such a request. put an immediate end to the anti-gay or military base, to guarantee there That is not to say the request was not rhetoric. But that was not known to are not going to be fights and even made. It is to say that I think most of General Clark. murders every now and then. Heaven us believed Major General Clark when For all these reasons, I think it is ap- help us, that they occur, and the cli- he said that request was never for- propriate we now confirm this nomina- mate ought to be set in a way that warded to him. What happened to that tion. minimizes that. But we cannot hold request we do not know, and perhaps I yield the floor. every commander responsible for this, nobody ever will know. The PRESIDING OFFICER. The Sen- any more than we could hold a mayor Major General Clark wrote a letter to ator from Alabama. responsible for a crime in a city. the family. It was a heartfelt letter. It Mr. SESSIONS. Mr. President, I But what I wish to emphasize is that was a personal letter about the death thank Senator LEVIN for his work on the general took a number of direct of their son. It was really a comment this issue, and Senator WARNER’s ef- and dramatic actions to indicate, with- that he added in that letter, which was forts as the Chairman. Senator LEVIN out question, his revulsion with this so personal and so heartfelt, that I and Senator WARNER have discussed murder. He clearly stated his expecta- think persuaded many of us that he this issue in great detail. Senator WAR- tion that everybody at Fort Campbell was honest when he stated that there is NER made clear he was going to take it would be treated with respect, and that no way he would not respond to a fam- seriously, that there would be ample violence of this kind is unacceptable. ily request to meet with him. opportunity to evaluate any questions He was quite strong on that point. As others have mentioned, he did that arose from these terrible cir- However, he was unfairly criticized have a special responsibility, as the cumstances, and that the facts would for his actions following Private General Court-Martial Convening Au- come out in committee and could be Winchell’s death. The criticism was un- thority, to ensure that justice was presented forthwith. That was done. fair because in the military he is the done and to make sure nothing he We heard all of the information that convening authority of the courts-mar- would say would in any way create was available. I would note it is time, tial. He is required, by the Uniformed error in that trial. now, to move forward. Code of Military Justice to appoint the The murderer, PVT Calvin Glover, General Clark’s nomination has been members of the courts-martial, and he was convicted of premeditated murder blocked for over a year now. He is a has a duty to remain objective. He has by the court-martial, which was con- tremendously fine soldier. He is just to be careful that he does not conduct vened by Major General Clark. He was not the one responsible here. I also himself in a way that prejudices the of- sentenced to life imprisonment and, of should note that I do not think it is ficers he appointed to try the case.

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.068 S18PT1 S15044 CONGRESSIONAL RECORD — SENATE November 18, 2003 I served as a JAG officer for several One of the things that has troubled They are to be instructed on this policy of years in the Army Reserve. I know a me in recent years in this Senate is treating people fairly and with respect. As commanding officer has to be careful that we feed on information that is an interim measure, every soldier at Fort because the defense lawyers who defend sometimes provided by people who Campbell will receive the briefing. soldiers charged with crimes can raise, have an agenda. As a result of that, In addition, he goes on to note: as a defense to the trial, that the com- sometimes people are unfairly treated. This instruction will also include the con- mander had prejudiced the trial by sug- Everybody deserves fair treatment. tents of the 25 October 1999 memorandum gesting the defendant was guilty before This private who was murdered did not from the commanding general . . . he had a trial. deserve what happened to him. I also And another memorandum—both of General Clark testified at his con- believe General Clark does not deserve which reiterate the roles and respon- firmation hearing in the Senate Armed some of the charges that have been sibilities of commanders regarding in- Services Committee that he was in reg- made against him. vestigations of threats against or har- ular contact with his staff judge advo- A few other points; This group claims assment of soldiers on the basis of al- cate, his lawyer, advising him what he that Major General Clark failed to fol- leged homosexuality; could say, and what he could not say. low Federal law. There is no proof of Subparagraph (c): All leaders will vigor- Some say he should have been more that. There is no proof that he failed to ously police the contents of run and march open, he should have been more con- provide a safe environment for sol- cadences. demning of this act, he should have diers—in fact, that claim has been re- They have always been a little bit been more aggressive. It is clear that jected. They claim that he failed to ex- risque over the years. But the general he was acting under the legal direction hibit leadership necessary for further took aggressive action here. of his staff judge advocate. In fact, his promotion. After the inspector gen- They will monitor the march and run ca- staff judge advocate was talking to the eral’s reviews were done, that proved dences to ensure that they are positive and staff judge advocate in Washington, for not to be so. devoid of profanity or phrases demeaning to the Department of Defense. They ex- The allegations were that Major Gen- others. hausted every means possible to ensure eral Clark had allowed ‘‘significant lev- Subparagraph (d): All leaders will vigor- they conducted themselves properly. els of antigay harassment under [his] ously police the content of training brief- They sought to ensure that the trial command,’’ and that it allowed a com- ings, classes, lectures, and all other instruc- was fairly conducted, and that if a con- tions to ensure that they are devoid of pro- mand climate in which ‘‘antigay har- fanity or phrases demeaning to others. viction was obtained, as it was ob- assment flourished’’; it was just not Subparagraph (3) Respect for others is an tained, that the verdict would be true. The Army IG found sporadic inci- Army value and a cornerstone of the dis- upheld. It was. dents of the use of derogatory or offen- cipline and esprit de corps and all soldiers I just would want to say this is not so sive cadence calls used during march- will be treated with dignity and respect. Ac- easy, as some would suggest, for him to ing. These problems which were quick- cordingly, I expect all Department of De- be really aggressive in making com- ly corrected and stopped as soon as fense, Department of Army and Fort Camp- ments about this while a trial is ongo- they were discovered. It was clearly es- bell directives, policies and regulations to be enforced by our leaders and adhered to by ing. tablished that anti-homosexual com- Complaints were certainly made our soldiers. ments were not the norm at Fort Robert C. Clark, General. about his conduct afterwards. General Campbell. This is a superb soldier who served Clark, who, if you met him, you would There were allegations that there his country well in Vietnam. He was understand, is a man of great integrity, was anti-gay graffiti in the public awarded the Purple Heart and the great decency, who wants to do the areas around Fort Campbell. The Army Bronze Star. He was wounded in com- right thing, said: Look, I haven’t done inspector general found one latrine at a bat and refused to be evacuated until anything wrong. I believe I have con- unit level and one in a public recre- he got others out of the line of fire. ducted myself properly. But I am per- ation center at Fort Campbell which He commanded the 3rd Brigade of the sonally requesting that the inspector had anti-gay comments on them. This 101st Airborne Division, that great di- general investigate my conduct and my was clearly not a common thing on the vision, during Operation Desert Storm, actions. I want him to come in here base. I suspect you would find these the last Gulf War. His proven leader- and investigate this situation to see if comments in some of the public bath- ship is clear. I have done anything wrong. rooms in cities and gas stations around In the U.S. Army Command and Gen- Of course, the IG did investigate. An America. It is wrong, but I don’t think eral Staff College ‘‘Story of the Third IG team conducted a thorough inves- that should be something the general Army in Desert Storm’’ by Richard tigation into the command climate at would be found to be responsible for. Swain, published in 1994, he talks about Fort Campbell. This investigation of There is simply no way that he can how General Clark’s brigade moved the command climate found that Major protect against each and every one of rapidly to cut off the retreat of the General Clark was not culpable of any those incidents. Iraqi soldiers, facing tremendously bad dereliction or failure of leadership, as It was suggested that he took no ac- weather. It was so bad that motorcycle has been alleged by the Service Mem- tion to deal with this problem. I have troops were mired down, but he moved bers Legal Defense Network—SLDN— one document dated November 30, successfully anyway and seized the ob- which is an advocacy group that works 1999—not long after the incident that jective before other units were able to. to protect and ensure that homosexual occurred—in which General Clark He is a proven commander in combat. soldiers are treated fairly in the mili- wrote his command. He sent it to ev- He is a proven commander in the tary, as they have every right to be eryone basically on the base. treated. They have a right to insist peacetime Army. He has taken strong Distribution A, Subject: Respect for all action to see that this kind of activity that they be treated fairly. soldiers. It is important that people know Paragraph 1: The soldiers in the Army never happens again. about this crime. I know it is impor- today are the best we have ever had. I am proud of him. I am also proud to note that he obtained his master’s de- tant that people understand how civili- I certainly agree with that. zation sometimes is fragile and people gree at Auburn University, one of They are volunteers who merit our respect America’s great universities. I had oc- lose discipline and do things they and they deserve to be treated with dignity should never ever do. in a climate of safety and security. casion to meet him and to see him tes- To highlight the problem that oc- tify at hearings. I thought he did a su- curred at Fort Campbell, and to take He goes on to say: perb job. There was little doubt of his action by an advocacy group—or by the We can and will do more to ensure that our sincerity in this matter and his capa- military or any decent people, or for soldiers are treated with dignity and respect. bility to be a great general officer. I accordingly direct that: the Senate to take action in order to All soldiers be briefed on the Department I thank the President. ensure that these kinds of things don’t of Defense homosexual conduct policy upon I yield the floor. happen in future—there is no illegit- their formal in-processing at Fort Campbell. The PRESIDING OFFICER (Mr. imacy in that. When they come to the base. CHAFEE). The majority leader.

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.070 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15045 Mr. FRIST. Mr. President, I con- tion directing his men to lay down a con- soldiers and civilians. There are homes, gratulate my colleague, Senator SES- stant screen of smoke marking their position schools, a fire department. It is a com- SIONS, for really putting into perspec- to Gunships giving them fire support. 1LT plex and diverse place. During his 2- tive a lot of the things that have been Clark’s heroic action and aggressiveness, en- year tenure there—and I had the oppor- abled the mission to be a complete success. said on the floor, allegations from the Resulting in one (1) enemy soldier killed. His tunity to meet with General Clark past but also with respect for this man display of personal bravery and devotion to there on several occasions—General who is a true hero, an American hero. duty were in keeping with the highest tradi- Clark’s reputation for fairness and I rise to support his elevation to the tions of the military service, and reflect compassion extended way beyond the second highest rank in the U.S. Army great credit upon himself, his unit, and the base, well into the surrounding com- as Commander of U.S. Army at Fort United States Army. munity. Sam Houston. Mr. FRIST. In a career spanning over In February of 2000, the Clarksville On October 3, 1971, this young man, 30 years, Robert T. Clark has consist- City Council unanimously passed a res- Robert E. Clark, first platoon leader of ently displayed that uncommon cour- olution praising General Clark for his Company A, 2nd Battalion, 8th Calvary age and leadership he showed on the ‘‘high standards of leadership, profes- of the 1st Calvary Division, became an battlefield in Vietnam. He has earned sionalism, and integrity.’’ American hero. the admiration of all who know him, The Montgomery County Board of It was approximately 10:30 a.m. in both in and outside of military life. Commissioners passed a similar resolu- Bin Tuy Province of the Republic of GEN John Wickham, former Chief of tion declaring: Vietnam. Company A was completing a Staff of the Army, says General Clark General Clark’s reputation in the local reconnaissance mission. As they were is unequivocally ‘‘one of the most eth- communities is highly acknowledged as one being extracted, the men came under ical, moral, people-oriented and char- of the brightest, caring, and respected divi- heavy fire. The first two enemy mortar ismatic leaders I have ever known.’’ sion commanders that the Army has sent to rounds struck hard and inflicted heavy GEN John Keane, whom the senior our local community. causalities, including wounding First Senator from Massachusetts so lav- Indeed, General Clark is one of the Lieutenant Clark. At that time, at ishly praised earlier, calls General finest men in uniform today. He cur- great risk to his own personal safety, Clark ‘‘a man of great character. He’s a rently serves as the acting commander and ignoring or at least putting aside great moral force and a very compas- of the 5th U.S. Army at Fort Sam his own wounds, First Lieutenant sionate person. Simply stated, he’s one Houston. I should mention, as an aside, Clark ran forward into enemy fire to of the Army’s very best leaders.’’ Those that General Clark requested the as- carry his fellow wounded soldiers back are the words of GEN John Keane. signment so that he could take care of to cover. It is my honor to rise today and sup- his wife who suffers from a chronic ill- Throughout the battle he pressed on, port this nomination of this out- ness. moving from position to position to di- standing soldier. General Clark has General Clark’s peers call him ‘‘a sol- rect his men to lay down a constant earned numerous awards for his ex- dier’s soldier.’’ He descends from two stream of smoke in order to mark their traordinary service, including four generations of Clark men who have position for the helicopters flying over- awards of the Legion of Merit, three served the Army with dedication and head. The record clearly shows First Bronze Stars, the Purple Heart medal, honor. Lieutenant Clark’s heroic action en- four meritorious service medals, the And thus, as I began a few minutes sured the success of Company A’s mis- Air Medal, the Air Commendation ago, I close by saying, and I do call him sion. For his bravery in combat and Medal, and numerous campaign service a true hero. I strongly support his ele- service in Vietnam, First Lieutenant medals for service in Vietnam as well vation to the second highest rank in Clark received a Purple Heart. He re- as Saudi Arabia. the U.S. Army. ceived two Bronze Stars, one for valor He has earned the Combat Infantry- The PRESIDING OFFICER. All time and one for service. man’s Badge, the Army Staff Identi- having expired, the question is, Will In a letter of recommendation on be- fication Badge, the Parachutist Badge, the Senate advise and consent to the half of Robert Clark, the company the Ranger Tab, and the Air Assault nomination of Maj. Gen. Robert T. commander wrote: Badge. Clark to be Lieutenant General. [First Lt Clark’s] display of personal brav- During the gulf war, then Colonel The nomination was confirmed. ery and devotion to duty were in keeping Clark commanded the 3rd Brigade of f with the highest traditions of the military the 101st Airborne. Under his leader- service, and reflect great credit upon him- ship, the 3rd Brigade conducted one of EXECUTIVE CALENDAR self, his unit, and the United States Army. the longest and largest airborne as- The PRESIDING OFFICER. Under I ask unanimous consent to have saults in military history. More than the previous order, Executive Calendar printed in the RECORD a copy of the let- 2,000 men, 50 transport vehicles, artil- items 436 through 450, and all remain- ter of recommendation which lays out lery, and tons of fuel and ammunition ing nominations on the Secretary’s these events. were air lifted at that time 50 miles desk, are confirmed; the motions to re- There being no objection, the mate- into Iraq. Land vehicles took another consider are tabled, the President is rial was ordered to be printed in the 2,000 troops deep into the Iraqi terri- notified, and the Senate returns to leg- RECORD, as follows: tory. All of this was accomplished in 72 islative session. On 3 October 1971, first Lieutenant Robert hours without a single American cas- The nominations considered and con- T. Clark, First Platoon Leader Of Company ualty. Only two Iraqi soldiers were firmed en bloc are as follows: (A), 2d Battalion (Airmobile), 8th Cavalry, killed and 22 wounded. IN THE AIR FORCE 1st Cavalry Division, distinguished himself With characteristic modesty, General The following named officer for appoint- by heroic action while on ground combat op- Clark explained the brigade’s truly re- ment in the United States Air Force to the erations against a hostile enemy force in markable success by saying, ‘‘We’re the grade indicated while assigned to a position Binh Tuy Province, Republic of Vietnam. At of importance and responsibility under title approximately 1030 hours Company (A) were first guys who ask them to lay down 10, U.S.C., section 601: being extracted after completing a ground their weapons, and they did. It just reconnaissance mission, when they were en- took a little convincing.’’ To be lieutenant general gaged by an undetermined size enemy force, General Clark earned a Bronze Star Maj. Gen. Victor E. Renuart, Jr., 0278 receiving enemy mortar fire. The first two for his command of the historic mis- The following named officer for appoint- mortar rounds that impacted took a heavy sion. ment in the United States Air Force to the toll of friendly casualties including 1LT In 1998, General Clark was elevated grade indicated while assigned to a position Clark. Although wounded 1LT Clark with to command the 101st Airborne Divi- of importance and responsibility under title total disregard for his own personal safety sion at Fort Campbell, which, as most 10, U.S.C., section 601: and his wounds exposed himself to enemy To be lieutenant general mortar fire as he moved forward and assist know, is situated on the border of Ten- in carrying the other wounded members nessee and Kentucky. Indeed, Fort Lt. Gen. Richard V. Reynolds, 1156 under cover. 1LT Clark continued to expose Campbell can be described as a small to The following named officer for appoint- himself as he moved from position to posi- midsize city comprised of about 50,000 ment in the United States Air Force to the

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