William Roth

Mr. ROTH

Mr. ROTH. Mr. President, I want to congratulate my colleague for the leadership that he has provided in this renewable energy program. I strongly believe that renewable energy technology represents our best hope for reducing air pollution, creating jobs, and decreasing our reliance on imported oil and finite supplies of fossil fuel. These programs promise to supply economically competitive and commercially viable exports. I believe that the nation should be looking toward clean, alternative forms of energy, not taking a step backward by cutting funding for these important programs. Indeed this is a sentiment shared by a majority of the American people. Public support for renewable energy programs is strong. For the fifth year in a row, a national poll has revealed that Americans believe renewable energy along with energy efficiency should be the highest energy research and development priority. My own State of Delaware has a long tradition in solar energy. In 1972, the University of Delaware established one of the first photovoltaic laboratories in the nation, the Institute for Energy Conversion, which has been instrumental in developing photovoltaic technology. Delaware's major solar energy manufacturer, Astro Power, has become the largest U.S.-owned photovoltaic company and has doubled its work force since 1997. While the solar energy industry might have evolved in some form on its own, federal investment has accelerated the transition from the laboratory bench to commercial markets by leveraging private sector efforts. This collaboration has already accrued valuable economic benefits to the nation. Solar energy companies--like Astro Power--have already created thousands of jobs and helped to reduce our trade deficit through exports. My state has demonstrated that solar energy technology can be an economically competitive and commercially viable energy alternative. International markets for solar energy systems are virtually exploding, due to several key market trends. Most notably, solar energy is already one of the lowest cost options available to developing countries that cannot afford to build large, expensive centralized power generation facilities with elaborate distribution systems. The governments of Japan, Germany, and Australia are investing heavily in aggressive technology and market development in partnership with their own solar energy industries. Until recently, Japan and Germany held the lead in world market share for photovoltaics; the United States has only recently recaptured international market dominance. Cutting funding for these technologies would have a chilling effect on the U.S. industry's ability to compete on an international scale in these billion-dollar markets of today and tomorrow. The employment potential of renewables represents a minimum of 15,000 new jobs this decade with nearly 120,000 the next decade. It is imperative that this Senate support renewable energy technologies and be a partner to an energy future that addresses our economic needs in an environmentally acceptable manner. My state has done and will continue to do its part. I hope my colleagues in the Senate will look to the future and do their part in securing a safe and reliable energy future by supporting this amendment. Again, I want to congratulate my distinguished colleague for his leadership on this most important matter.

Mr. ROTH

Mr. ROTH. I suggest the absence of a quorum.

Mr. ROTH. Yes.

Mr. ROTH. Mr. President, this is an important day for millions of Americans with disabilities--a day that presents the Senate with an opportunity to build on the legacy of the Americans With Disabilities Act. Today, we have a chance to help disabled Americans move toward independence. Despite the success of the Americans With Disabilities Act, there are still serious obstacles facing too many people with disabilities-- obstacles that stand in the way of employment. Senators Jeffords, Moynihan, Kennedy, and I want to change that. Accordingly, in January we introduced S. 331, the Work Incentives Improvement Act of 1999. This legislation has a simple objective--to help people with disabilities go to work if they want to go to work, without fear of losing their health insurance lifeline. S. 331 has been one of my top priorities this year, and support for the bill has been widespread. Mr. President, a total of 78 Senators now sponsor S. 331. Let me say that again--78 Senators have signed on to S. 331. That would be a remarkable total for any bill, let alone a health care proposal. S. 331 is necessary because the unemployment rate among working-age adults with severe disabilities is nearly 75 percent. Many of these individuals want to work. S. 331 will allow disabled individuals to work without losing access to health insurance coverage. Mr. President, we can no longer afford to deny millions of talented Americans the opportunity to contribute in the work force. More than 300 national groups agree that it is time to act, including organizations representing veterans, people with disabilities, health care providers, and insurers. This bill is about helping disabled Americans work--if that is what they want to do. It's about helping people reach their potential. It is not about big government--it's about getting government out of the way of individual commitment and creativity. And this bill isn't about a distinct and separate group of disabled individuals. It is about all of us. Realistically, we are all just one tragedy away from confronting disability in our own families. Unfortunately, we cannot prevent all disabilities. But we can prevent making disabled individuals choose between health care and employment. Today, we can take a step toward making that goal a reality. Before we vote, I would be remiss if I did not thank Senator Jeffords and Senator Kennedy for their longstanding commitment to this important legislation. In addition, my particular thanks go to Senator Moynihan for all of his assistance in moving the bill through the Finance Committee. As I close, I would like to ask all my colleagues to join with me in voting for S. 331. By passing the Work Incentives Improvement Act today, we can help unleash the creativity and enthusiasm of millions of Americans with disabilities ready and eager to work. Mr. President, I ask for the yeas and nays on S. 331.

Mr. ROTH

Mr. ROTH. Mr. President, I rise today to introduce legislation that runs to the heart of who we are and what we hold dear and meaningful in our lives. There is a special relationship between men, women, children, and their family pets--particularly their dogs and cats. I have been profoundly affected in my life because of the animals that transcended emotional boundaries to become true and meaningful friends--even a part of the family. I can name every dog I've owned since I was a boy. I can tell you their qualities, their peculiarities, their preferences and dislikes. Even now, my wife Jane and I--our children and grandchildren--are surrounded by the most loyal St. Bernards in the world. They--as all the pets we've had--speak volumes about strong and lasting friendship. You can understand, given this background, that I am outraged to learn that there are clothing articles imported into America that are made from the fur of these precious animals. I'm outraged to learn that dog and cat fur is being used in a wide variety of products, including fur coats and jackets. I'm outraged to learn from the Humane Society of the United States that more than two million dogs and cats are killed annually as part of the fur trade, and that many retailers in the U.S. who sell these items are doing so unaware of their content. To respond to this growing problem, I'm introducing legislation today, the Dog and Cat Protection Act of 1999, to prohibit the domestic sale, manufacture, transportation, and distribution of products made with cat or dog fur. My legislation requires all fur products to be labelled, closing a loophole in the current law, and it will ban deceptive or misleading labelling of these products so consumers and retailers can buy with confidence, knowing that they are not supporting this tragic process. With this legislation, our message will be clear: No matter where in the world this merchandise is made, there will be no legitimate market for it here--not in the United States. This is important legislation. It will provide uniformity of regulations and prevent conflicts between states. It will give the Justice Department the ability to enforce the law and prosecute those who may try to get around it. And the U.S. Customs Service would be able to function as the first line of defense. I appreciate the work being done by the Humane Society of the United States and many other important organizations to heighten our awareness of these kinds of issues. And I look forward to working with my colleagues to see this legislation enacted into law. Thank you, Mr. President. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. ROTH

Mr. ROTH. Mr. President, I rise today to introduce legislation that runs to the heart of who we are and what we hold dear and meaningful in our lives. There is a special relationship between men, women, children, and their family pets--particularly their dogs and cats. I have been profoundly affected in my life because of the animals that transcended emotional boundaries to become true and meaningful friends--even a part of the family. I can name every dog I've owned since I was a boy. I can tell you their qualities, their peculiarities, their preferences and dislikes. Even now, my wife Jane and I--our children and grandchildren--are surrounded by the most loyal St. Bernards in the world. They--as all the pets we've had--speak volumes about strong and lasting friendship. You can understand, given this background, that I am outraged to learn that there are clothing articles imported into America that are made from the fur of these precious animals. I'm outraged to learn that dog and cat fur is being used in a wide variety of products, including fur coats and jackets. I'm outraged to learn from the Humane Society of the United States that more than two million dogs and cats are killed annually as part of the fur trade, and that many retailers in the U.S. who sell these items are doing so unaware of their content. To respond to this growing problem, I'm introducing legislation today, the Dog and Cat Protection Act of 1999, to prohibit the domestic sale, manufacture, transportation, and distribution of products made with cat or dog fur. My legislation requires all fur products to be labelled, closing a loophole in the current law, and it will ban deceptive or misleading labelling of these products so consumers and retailers can buy with confidence, knowing that they are not supporting this tragic process. With this legislation, our message will be clear: No matter where in the world this merchandise is made, there will be no legitimate market for it here--not in the United States. This is important legislation. It will provide uniformity of regulations and prevent conflicts between states. It will give the Justice Department the ability to enforce the law and prosecute those who may try to get around it. And the U.S. Customs Service would be able to function as the first line of defense. I appreciate the work being done by the Humane Society of the United States and many other important organizations to heighten our awareness of these kinds of issues. And I look forward to working with my colleagues to see this legislation enacted into law. Thank you, Mr. President. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. ROTH

Mr. ROTH. Mr. President, the Senate today passed the Miscellaneous Trade and Technical Corrections Act of 1999. This bill, which my friend Senator Moynihan cosponsored, is similar to legislation that the Committee on Finance had reported out last year. This legislation consists of over 150 provisions temporarily suspending or reducing the applicable tariffs on a wide variety of products, including chemicals used to make anti-HIV, anti-AIDS and anticancer drugs, pigments, paints, herbicides and insecticides, certain machinery used in the production of textiles, and rocket engines. In each instance, there was either no domestic production of the product in question or the domestic producers supported the measure. By suspending or reducing the duties, we can enable American firms that use these products to produce goods in a more cost efficient manner, thereby helping create jobs for American workers and reducing costs for consumers. The bill also contains a number of technical corrections and other minor modifications to the trade laws that enjoy broad support. One such measure would help facilitate Customs Service clearance of athletes that participate in world athletic events, such as the upcoming Women's World Cup. Another measure corrects certain outdated references in the trade laws. For each of the provisions included in this bill, the House and Senate solicited comments from the public and from the administration to ensure that there was no controversy or opposition. Only those measures that were noncontroversial were included in the bill. I thank my colleagues, particularly Senator Moynihan, for helping move this legislation. I am delighted that we were able to pass these commonsense measures that will provide real benefits for the American people. Mr. MOYNIHAN, Mr. President, my great thanks to the Chairman of the Finance Committee for his efforts in bringing this legislation, the Miscellaneous Trade and Technical Corrections Act of 1999, to a successful conclusion. The technical work on this bill began 15 months ago, culminating in the Finance Committee's approval of the package last September. For reasons unrelated to the substance of the bill, the Senate was unable to complete work on the measure last year. The Chairman made this the first order of business for the Finance Committee in the 106th Congress, and, accordingly, the Committee ordered this package of temporary duty suspensions and Customs provisions reported on January 21, 1999. Of particular importance to New Yorkers, the bill will authorize the United States Customs Service to station inspectors in a number of Canadian airports, to ``preclear'' passengers in advance of their arrival in New York, thus helping to reduce congestion at JFK International Airport. Passengers cleared in Canada can be routed through LaGuardia, where no further Customs formalities will be required. Passengers on flights routed through JFK will face shorter Customs processing times since many of the flights that would otherwise be routed through JFK will instead be directed to LaGuardia. Arriving in New York should become just a little easier. The bill also suspends the duties on the personal effects of athletes participating in the Women's World Cup soccer games, their coaches and their families. The games will begin June 19, 1999. In addition, H.R. 435 reduces the tariffs that New York companies must pay on certain imported components not produced in the United States, such as high- purity glass and a number of synthetic organic chemicals used to manufacture rubber products, produce aircraft coatings, and inhibit corrosion on rail cars. The Senate has now given its unanimous consent and the measure will return to the House for final approval. It is my hope that the House will take up the matter as soon as it returns from the Memorial Day recess.

Mr. ROTH

Mr. ROTH. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. ROTH

Mr. ROTH. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. ROTH

Mr. ROTH. May I just make a 15-second statement?

Mr. ROTH. I point out the Army Board for Correction of Military Records, in 1991, recommended that General Short be restored to his full wartime rank. amendment no. 377

Mr. ROTH. I ask unanimous consent for 2 minutes.

Mr. ROTH. Mr. President, what we are talking about today is a matter of justice and fairness, a matter that goes to the core of our military tradition and our Nation's sense of military honor. Just let me point out once again the Dorn report says: Responsibility for the Pearl Harbor disaster should not fall solely on the shoulders of Admiral Kimmel and General Short. It should be broadly shared. Unfortunately, it was not broadly shared. The only two people who were singled out for punishment, or not to be promoted to their wartime rank, were Admiral Kimmel and General Short. They were held singularly responsible for what happened in Pearl Harbor. That is not fair. That is not just. Just let me point out that we have had the essence of the tremendous number of endorsements we have received from senior retired officers of the highest rank. Once again, I point out that admiral after admiral--Burke, Zumwalt, Moorer and Crowe--have asked that this be corrected. All we seek today is justice and fairness to two officers who served their Nation with excellence.

Mr. ROTH. Mr. President, I yield myself 4 minutes. I rise to address the Kimmel-Short resolution which I and Senators Biden, Thurmond, and Kennedy introduced to redress a grave injustice that haunts us from World War II. That injustice was the scapegoating of Admiral Kimmel and General Short for the success of the disastrous Pearl Harbor attack. This unjust scapegoating was given unjust permanence when these two officers were not advanced on the retirement list to their highest ranks of wartime command, an honor that was given to every other senior commander who served in wartime positions above his regular grade. Our amendment is almost an exact rewrite of Senate Joint Resolution 19, that benefits from the support of 23 cosponsors. It calls for the advancement on the retirement lists of Kimmel and Short to the grades of their highest wartime commands--as was done for every other officer eligible under the Officer Personnel Act of 1947. Such a statement by the Senate would do much to remove the stigma of blame that so unfairly burdens the reputation of these two officers. It is a correction consistent with our military tradition of honor. Allow me to review some key facts about this issue. First, it is a fact that Kimmel and Short were the only two World War II officers eligible under the Officer Personnel Act of 1947 for advancement on the retired list who were not granted such advancement. No other officer or official paid a price for their role in the Pearl Harbor disaster. That fact alone unfairly perpetuates the scapegoating they endured for the remainder of their lives. Second, there have been no less than nine official investigations on this matter over the last five decades. They include the 1944 Naval Court of Inquiry which completely exonerated Admiral Kimmel and the 1944 Army Pearl Harbor Board who found considerable fault in the War Department--General Short's superiors. These investigations include that conducted by a 1991 Board for the Correction of Military Records which recommended General Short's advancement on the retired list. I can think of few issues of this nature that have been as extensively investigated and studied as the Pearl Harbor matter. Nor can I think of a series of studies conducted over five decades where conclusions have been so remarkably consistent. They include, first, the Hawaiian commanders were not provided vital intelligence they needed and that was available in Washington prior to the attack on Pearl Harbor. Second, the disposition of forces in Hawaii were proper and consistent with the information made available to Admiral Kimmel and General Short. Third, these investigations found that the handling of intelligence and command responsibilities in Washington were characterized by ineptitude, limited coordination, ambiguous language, and lack of clarification followup. Fourth, these investigations found that these failures and shortcomings of the senior authorities in Washington contributed significantly, if not predominantly, to the success of the surprise attack on Pearl Harbor.

Mr. ROTH. Mr. President, I yield myself 2 minutes. We are not rewriting history. We are merely correcting the record. Just let me point out that the Dorn report, which has been mentioned time and again by those in opposition, specifically concluded that responsibility for the Pearl Harbor disaster should not fall solely on the shoulders of Admiral Kimmel and General Short; it should be broadly shared. Let me emphasize that: It should be broadly shared. In other words, there were others responsible, primarily in Washington. To place the blame on these two gentlemen, who had distinguished military careers, is wrong and is unfair. I believe we have a responsibility, a duty, to recommend to the President action that corrects this unfortunate misdeed. In making this decision, let me point out that a number of endorsements of my resolution have been received from senior retired officers of the highest rank. For example, Arleigh Burke sent a letter in which he concluded that: It is my considered judgment that when all the circumstances are considered that you should approve this posthumous promotion and recommend it to the President. The record is clear that important information, available to the Chief of Naval Operations in Washington, was never made available to Admiral Kimmel in Hawaii. Lastly, the Naval Court of Inquiry, which exonerated Admiral Kimmel, concluded that his military decisions were proper based on the information available to him. Let me now refer to a letter we received from several distinguished members of the Navy: Thomas Moorer, Admiral, U.S. Navy; former Chairman, Joint Chiefs of Staff, William J. Crowe, Admiral, U.S. Navy; J.L. Holloway, Admiral, U.S. Navy; Elmo Zumwalt, Admiral, U.S. Navy. They wrote: We ask that the honor and reputations of two fine officers who dedicated themselves to the service of their country be restored. Admiral Husband Kimmel and General Walter Short were singularly scapegoated as responsible for the success of the Japanese attack on Pearl Harbor December 7, 1941. The time is long overdue to reverse this inequity and treat Admiral Kimmel and [G]eneral Short fairly and justly. The appropriate vehicle for that is the current Roth-Biden Resolution. Mr. President, I yield back the remainder of my time.

Mr. ROTH. I yield 5 minutes to the distinguished Senator from Massachusetts.

Mr. ROTH. Mr. President, I yield 4 minutes to the distinguished senior Senator from Delaware.

Mr. ROTH. Mr. President, I yield the floor. Mr. GRAMM addressed the Chair.

Mr. ROTH

Mr. ROTH. No comments.

Mr. ROTH. Mr. President, I move to reconsider the vote.

Mr. ROTH. Mr. President, for 58 years, two distinguished commanders, Admiral Kimmel and General Short, have been unjustly scapegoated for the Japanese attack on Pearl Harbor. Numerous studies have made it unambiguously clear that Short and Kimmel were denied vital intelligence that was available in Washington. Investigations by military boards found Kimmel and Short had properly disposed their forces in light of the intelligence and resources they had available. Investigations found the failure of their superiors to properly manage intelligence and to fulfill command responsibilities contributed significantly, if not predominantly, to the disaster. Yet, they alone remain singled out for responsibility. This amendment calls upon the President to correct this injustice by advancing them on the retired list, as was done for all their peers. This initiative has received support from veterans, including Bob Dole, countless military leaders, including Admirals Moorer, Crowe, Halloway, Zumwalt, and Trost, as well as the VFW.

Mr. ROTH

Mr. ROTH. There were findings that these individuals did not have the intelligence to which they were entitled. In Washington, it was known that war was imminent. If you had the full information, it was fairly clear that there could be an attack on Pearl Harbor. There was a so- called bomb, 14-part message, all of which indicated that attack was an immediate threat. That information was denied the two individuals with the key critical responsibility in Hawaii. I just think that to hold them responsible and not to give them the lifetime is unfair.

Mr. ROTH. You reject the argument, but you give me no names. Who else was involved? These are the two who many distinguished former officers of the service, of the Navy, of the Army, the Veterans of Foreign Wars, find this is unfairly treating these individuals. I am merely trying to correct a wrong. I recognize different people--I think we are both fair minded, to be honest. We just happen to disagree.

Mr. ROTH. Because of the fact that--

Mr. ROTH. It really is not a question, I say to my colleague, of new evidence. The evidence has been there for many years, since 1944, when investigations were made both by the Army and Navy. Time and again, it has been found that these two individuals were not the only ones responsible. Admittedly, they share blame with others. But everybody else in the Service was permitted to keep their rank or raised to their highest.