[Congressional Record Volume 145, Number 75 (Monday, May 24, 1999)]
[Senate]
[Pages S5876-S5879]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                DEPARTMENT OF DEFENSE AUTHORIZATION ACT

                                 ______
                                 

                        KERREY AMENDMENT NO. 376

  (Ordered to lie on the table.)
  Mr. KERREY submitted an amendment intended to be proposed by him to 
the bill (S. 1059) to authorize appropriations for fiscal year 2000 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 357, strike line 13 and all that follows through 
     page 358, line 4.
                                 ______
                                 

                        WARNER AMENDMENT NO. 378

  Mr. WARNER proposed an amendment to amendment No. 377 proposed by Mr. 
Roberts to the bill, S. 1059, supra; as follows:

       At the end of the amendment, add the following:
       (c) Report.--Together with the certification under 
     subsection (a)(1), the President should submit to the Senate 
     a report containing an analysis of the potential threats 
     facing NATO in the first decade of the next millennium, with 
     particular reference to those threats facing a member nation 
     or several member nations where the commitment of NATO forces 
     will be ``out of area'', or beyond the borders of NATO member 
     nations.
                                 ______
                                 

                 ROBERTS (AND OTHERS) AMENDMENT NO. 377

  Mr. ROBERTS (for himself, Mr. Warner, and Ms. Snowe) proposed an 
amendment to the bill, S. 1059, supra; as follows:

       In title X, at the end of subtitle D, add the following:

     SEC. 1061. SENSE OF SENATE REGARDING LEGAL EFFECT OF THE NEW 
                   STRATEGIC CONCEPT OF NATO.

       (a) Sense of Senate.--It is the sense of the Senate that--
       (1) not later than 30 days after the date of enactment of 
     this Act, the President should determine and certify to the 
     Senate whether or not the new Strategic Concept of NATO 
     imposes any new commitment or obligation on the United 
     States; and
       (2) if the President certifies under paragraph (1) that the 
     new Strategic Concept of NATO imposes any new commitment or 
     obligation on the United States, the President should submit 
     the new Strategic Concept of NATO to the Senate as a treaty 
     for the Senate's advice and consent to ratification under 
     Article II, Section 2, Clause 2 of the Constitution of the 
     United States.
       (b) Definition.--For the purposes of this section, the term 
     ``new Strategic Concept of NATO'' means the document approved 
     by the Heads of State and Government participating in the 
     meeting of the North Atlantic Council in Washington, D.C., on 
     April 23 and 24, 1999.
       (c) Effective Date.--This section shall take effect on the 
     day after the date of enactment of this Act.
                                 ______
                                 

                        GRAMS AMENDMENT NO. 379

  (Ordered to lie on the table.)
  Mr. GRAMS submitted an amendment intended to be proposed by him to 
the bill S. 1059, supra; as follows:

       On page 453, between lines 10 and 11, insert the following:

     SEC. 2832. LAND CONVEYANCES, TWIN CITIES ARMY AMMUNITION 
                   PLANT, MINNESOTA.

       (a) Conveyance to City Authorized.--The Secretary of the 
     Army may convey to the City of Arden Hills, Minnesota (in 
     this section referred to as the ``City''), all right, title, 
     and interest of the United States in and to a parcel of real 
     property, including

[[Page S5877]]

     improvements thereon, consisting of approximately 4 acres at 
     the Twin Cities Army Ammunition Plant, for the purpose of 
     permitting the City to construct a city hall complex on the 
     parcel.
       (b) Conveyance to County Authorized.--The Secretary of the 
     Army may convey to Ramsey County, Minnesota (in this section 
     referred to as the ``County''), all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 35 acres at the Twin Cities Army Ammunition 
     Plant, for the purpose of permitting the County to construct 
     a maintenance facility on the parcel.
       (c) Consideration.--As a consideration for the conveyances 
     under this section, the City shall make the city hall complex 
     available for use by the Minnesota National Guard for public 
     meetings, and the County shall make the maintenance facility 
     available for use by the Minnesota National Guard, as 
     detailed in agreements entered into between the City, County, 
     and the Commanding General of the Minnesota National Guard. 
     Use of the city hall complex and maintenance facility by the 
     Minnesota National Guard shall be without cost to the 
     Minnesota National Guard.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     section shall be determined by surveys satisfactory to the 
     Secretary. The cost of the survey shall be borne by the 
     recipient of the real property.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 

                   WELLSTONE AMENDMENTS NOS. 380-382

  Mr. WELLSTONE proposed three amendments to the bill, S. 1059, supra; 
as follows:

                           Amendment No. 380

       On page 387, below line 24, add the following:

     SEC. 1061. EXPANSION OF LIST OF DISEASES PRESUMED TO BE 
                   SERVICE-CONNECTED FOR RADIATION-EXPOSED 
                   VETERANS.

       Section 1112(c)(2) of title 38, United States Code, is 
     amended by adding at the end the following:
       ``(P) Lung cancer.
       ``(Q) Colon cancer.
       ``(R) Tumors of the brain and central nervous system.''.
                                  ____


                           Amendment No. 381

       On page 83, between lines 7 and 8, insert the following:

     SEC. 329. PROVISION OF INFORMATION AND TECHNICAL GUIDANCE TO 
                   CERTAIN FOREIGN NATIONS REGARDING ENVIRONMENTAL 
                   CONTAMINATION AT UNITED STATES MILITARY 
                   INSTALLATIONS CLOSED OR BEING CLOSED IN SUCH 
                   NATIONS.

       (a) Requirement To Provide Information and Guidance.--The 
     Secretary of Defense shall provide to each foreign nation 
     that is a strategic partner of the United States the 
     following:
       (1) Such information meeting the standards and practices of 
     the United States environmental industry as is necessary to 
     assist the foreign nation in determining the nature and 
     extent of environmental contamination at--
       (A) each United States military installation located in the 
     foreign nation that is being closed; and
       (B) each site in the foreign nation of a United States 
     military installation that has been closed.
       (2) Such technical guidance and other cooperation as is 
     necessary to permit the foreign nation to utilize the 
     information provided under paragraph (1) for purposes of 
     environmental baseline studies.
       (b) Limitation.--The requirement to provide information and 
     technical guidance under subsection (a) may not be construed 
     to establish on the part of the United States any liability 
     or obligation for the costs of environmental restoration or 
     remediation at any installation or site referred to in 
     paragraph (1) of that subsection.
       (c) Definition.--In this section, the term ``foreign nation 
     that is a strategic partner of the United States'' means any 
     nation which cooperates with the United States on military 
     matters, whether by treaty alliance or informal arrangement.
                                  ____


                           Amendment No. 382

       At the appropriate place, insert the following:

     SEC. __. EVALUATION OF THE OUTCOME OF WELFARE REFORM.

       Section 411(b) of the Social Security Act (42 U.S.C. 
     611(b)) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(5) for each State program funded under this part, data 
     regarding the rate of employment, job retention, earnings 
     characteristics, health insurance status, and child care 
     access and cost for former recipients of assistance under the 
     State program during, with respect to each such recipient, 
     the first 24 months occurring after the date that the 
     recipient ceases to receive such assistance.''.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 383

  Mr. SPECTER proposed an amendment to the bill, S. 1059, supra; as 
follows:

       At the appropriate place add the following new section:
       Sec.   . Directing the President, pursuant to the United 
     States Constitution and the War Powers Resolution, to seek 
     approval from Congress prior to the introduction of ground 
     troops from the United States Armed Forces in connection with 
     the present operations against the Federal Republic of 
     Yugoslavia or funding for that operation will not be 
     authorized.
       None of the funds authorized or otherwise available to the 
     Department of Defense may be obligated or expended for the 
     deployment of ground troops from the United States Armed 
     Forces in Kosovo, except for peacekeeping personnel, unless 
     authorized by a declaration of war or a joint resolution 
     authorizing the use of military force.
                                 ______
                                 

                LANDRIEU (AND OTHERS) AMENDMENT NO. 384

  Mr. SPECTER (for Ms. Landrieu (for herself, Mr. Specter, Mr. Levin, 
Mr. Dorgan, and Mrs. Feinstein)) proposed an amendment to the bill, S. 
1059, supra; as follows:

       At the end of title 10 add the following:
       The Senate finds that:
       The United Nations Security Council created the 
     International Criminal Tribunal for the former Yugoslavia (in 
     this concurrent resolution referred to as the ``ICTY'') by 
     resolution on May 25, 1993;
       Although the ICTY has indicted 84 people since its 
     creation, these indictments have only resulted in the trial 
     and conviction of 8 criminals;
       The ICTY has jurisdiction to investigate: grave breaches of 
     the 1949 Geneva Conventions (Article 2), violations of the 
     laws or customs of war (Article 3), genocide (Article 4), and 
     crimes against humanity (Article 5);
       The Chief Prosecutor of the ICTY, Justice Louise Arbour, 
     stated on July 7, 1998, to the Contact Group for the former 
     Yugoslavia that ``[t]he Prosecutor believes that the nature 
     and scale of the fighting indicate that an `armed conflict', 
     within the meaning of international law, exists in Kosovo. As 
     a consequence, she intends to bring charges for crimes 
     against humanity or war crimes, if evidence of such crimes is 
     established'';
       Reports from Kosovar Albanian refugees provide detailed 
     accounts of systematic efforts to displace the entire Muslim 
     population of Kosovo;
       In furtherance of this plan, Serbian troops, police, and 
     paramilitary forces have engaged in detention and summary 
     execution of men of all ages, wanton destruction of civilian 
     housing, forcible expulsions, mass executions in at least 60 
     villages and towns, as well as widespread organized rape of 
     women and young girls;
       These reports of atrocities provide prima facie evidence of 
     war crimes, crimes against humanity, as well as genocide;
       Any criminal investigation is best served by the 
     depositions and interviews of witnesses as soon after the 
     commission of the crime as possible;
       The indictment, arrest, and trial of war criminals would 
     provide a significant deterrent to further atrocities;
       The ICTY has issued 14 international warrants for war 
     crimes suspects that have yet to be served, despite knowledge 
     of the suspects' whereabouts;
       Vigorous prosecution of war crimes after the conflict in 
     Bosnia may have prevented the ongoing atrocities in Kosovo; 
     and
       Investigative reporters have identified specific 
     documentary evidence implicating the Serbian leadership in 
     the commission of war crimes.
       Sec. 2. It is the sense of Congress that--
       (1) the United States, in coordination with other United 
     Nations contributors, should provide sufficient resources for 
     an expeditious and thorough investigation of allegations of 
     the atrocities and war crimes committed in Kosovo;
       (2) the United States, through its intelligence services, 
     should provide all possible cooperation in the gathering of 
     evidence of sufficient specificity and credibility to secure 
     the indictment of those responsible for the commission of war 
     crimes, crimes against humanity, and genocide in the former 
     Yugoslavia;
       (3) where evidence warrants, indictments for war crimes, 
     crimes against humanity, and genocide should be issued 
     against suspects regardless of their position within the 
     Serbian leadership;
       (4) the United States and all nations have an obligation to 
     honor arrest warrants issued by the ICTY, and the United 
     States should use all appropriate means to apprehend war 
     criminals already under indictment; and
       (5) NATO should not accept any diplomatic resolution to the 
     conflict in Kosovo that would bar the indictment, 
     apprehension, or prosecution of war criminals for crimes 
     conmitted during operations in Kosovo.

                                 ______
                                 

                  THOMAS (AND ENZI) AMENDMENT NO. 385

  (Ordered to lie on the table.)
  Mr. THOMAS (for himself and Mr. Enzi) submitted an amendment intended 
to be proposed by them to the bill, S. 1059, supra; as follows:


[[Page S5878]]


       At the appropriate place in the bill, insert the following 
     new section and renumber the remaining sections accordingly:

     ``SEC.   . PROHIBITION ON THE RETURN OF VETERANS MEMORIAL 
                   OBJECTS TO FOREIGN NATIONS WITHOUT SPECIFIC 
                   AUTHORIZATION IN LAW.

       (A) Prohibition.--Notwithstanding section 2572 of title 10, 
     United States Code, or any other provision of law, the 
     President may not transfer a veterans memorial object to a 
     foreign country or entity controlled by a foreign government, 
     or otherwise transfer or convey such object to any person or 
     entity for purposes of the ultimate transfer or conveyance of 
     such object to a foreign country or entity controlled by a 
     foreign government, unless specifically authorized by law.
       (b) Definitions.--In this section:
       (1) Entity controlled by a foreign government.--The term 
     ``entity controlled by a foreign government'' has the meaning 
     given that term in section 2536(c)(1) of title 10, United 
     States Code.
       (2) Veterans memorial object.--The term ``veterans memorial 
     object'' means any object, including a physical structure or 
     portion thereof, that--
       (A) is located at a cemetery of the National Cemetery 
     System, was memorial, or military installation in the United 
     States;
       (B) is dedicated to, or otherwise memorializes, the death 
     in combat or combat-related duties of members of the United 
     States Armed Forces; and
       (C) was brought to the United States from abroad as a 
     memorial of combat abroad.''
                                 ______
                                 

                    SARBANES AMENDMENTS NOS. 386-387

  (Ordered to lie on the table.)
  Mr. SARBANES submitted two amendments intended to be proposed by him 
to the bill, S. 1059, supra; as follows:

                           Amendment No. 386

       At the end of subtitle E of title XXVIII, add the 
     following:

     SEC.--. ONE-YEAR DELAY IN DEMOLITION OF RADIO TRANSMITTING 
                   FACILITY TOWERS AT NAVAL STATION, ANNAPOLIS, 
                   MARYLAND, TO FACILITATE TRANSFER OF TOWERS.

       (a) One-Year Delay.--Notwithstanding any other provision of 
     law, the Secretary of the Navy may not obligate or expend any 
     funds for the demolition of the naval radio transmitting 
     facility (NRTF) towers described in subsection (b) during the 
     one-year period beginning on the date of the enactment of 
     this Act.
       (b) Covered Towers.--The naval radio transmitting facility 
     towers described in this subsection are the three 
     southeastern most naval radio transmitting facility towers 
     located at Naval Station, Annapolis, Maryland, that are 
     scheduled for demolition as of the date of the enactment of 
     this Act.
       (c) Transfer of Towers.--the Secretary shall transfer to 
     the State of Maryland, or to Anne Arundel County, Maryland, 
     all right, title, and interest of the United States in and 
     out the towers described in subsection (b) if the State of 
     Maryland or Anne Arundel County Maryland, as the case may be, 
     agrees to accept such right, title, and interest from the 
     United States during the one-year period referred to in 
     subsection (a).
                                  ____


                           Amendment No. 387

       On page 459, between lines 17 and 18, insert the following:

     SEC. 2844. MODIFICATION OF LAND CONVEYANCE AUTHORITY, FORMER 
                   NAVAL TRAINING CENTER, BAINBRIDGE, CECIL 
                   COUNTY, MARYLAND.

       Section 1 of Public Law 99-596 (100 Stat. 3349) is 
     amended--
       (1) in subsection (a), by striking ``subsections (b) 
     through (f)'' and inserting ``subsections (b) through (e)'';
       (2) by striking subsection (b) and inserting the following 
     new subsection (b):
       ``(b) Consideration.--(1) In the event of the transfer of 
     the property under subsection (a) to the State of Maryland, 
     the transfer shall be with consideration or without 
     consideration from the State of Maryland, at the election of 
     the Secretary.
       ``(2) If the Secretary elects to receive consideration from 
     the State of Maryland under paragraph (1), the Secretary may 
     reduce the amount of consideration to be received from the 
     State of Maryland under that paragraph by an amount equal to 
     the cost, estimated as of the time of the transfer of the 
     property under this section, of the restoration of the 
     historic buildings on the property. The total amount of the 
     reduction of consideration under this paragraph may not 
     exceed $500,000.'';
       (3) by striking subsection (d); and
       (4) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.
                                 ______
                                 

                  ROTH (AND OTHERS) AMENDMENT NO. 388

  Mr. ROTH (for himself, Mr. Biden, Mr. Thurmond, and Mr. Kennedy) 
proposed an amendment to the bill, S. 1059, supra; as follows:

       In title V, at the end of subtitle F, add the following:

     SEC. 582, POSTHUMOUS ADVANCEMENT OF REAR ADMIRAL (RETIRED) 
                   HUSBAND E. KIMMEL AND MAJOR GENERAL (RETIRED) 
                   WALTER C. SHORT ON RETIRED LISTS.

       (a) Findings.--Congress makes the following findings:
       (1) The late Rear Admiral (retired) Husband E. Kimmel, 
     formerly serving in the grade of admiral as the Commander in 
     Chief of the United States Fleet and the Commander in Chief, 
     United States Pacific Fleet, had an excellent and 
     unassailable record throughout his career in the United 
     States Navy prior to the December 7, 1941 attack on Pearl 
     Harbor.
       (2) The late Major General (retired) Walter C. Short, 
     formerly serving in the grade of lieutenant general as the 
     Commander of the United States Army Hawaiian Department, had 
     an excellent and unassailable record throughout his career in 
     the United States Army prior to the December 7, 1941 attack 
     on Pearl Harbor.
       (3) Numerous investigations following the attack on Pearl 
     Harbor have documented that then Admiral Kimmel and then 
     Lieutenant General Short were not provided necessary and 
     critical intelligence that was available, that foretold of 
     war with Japan, that warned of imminent attack, and that 
     would have alerted them to prepare for the attack, including 
     such essential communiques as the Japanese Pearl Harbor Bomb 
     Plot message of September 24, 1941, and the message sent from 
     the Imperial Japanese Foreign Ministry to the Japanese 
     Ambassador in the United States from December 6-7, 1941, 
     known as the Fourteen-Part Message.
       (4) On December 16, 1941, Admiral Kimmel and Lieutenant 
     General Short were relieved of their commands and returned to 
     their permanent ranks of rear admiral and major general.
       (5) Admiral William Harrison Standley, who served as a 
     member of the investigating commission known as the Roberts 
     Commission that accused Admiral Kimmel and Lieutenant General 
     Short of ``dereliction of duty'' only six weeks after the 
     attack on Pearl Harbor, later disavowed the report 
     maintaining that ``these two officers were martyred'' and 
     ``if they had been brought to trial, both would have been 
     cleared of the charge''.
       (6) On October 19, 1944, a Naval Court of Inquiry--
       (A) exonerated Admiral Kimmel on the grounds that his 
     military decisions and the disposition of his forces at the 
     time of the December 7, 1941 attack on Pearl Harbor were 
     proper ``by virtue of the information that Admiral Kimmel had 
     at hand which indicated neither the probability nor the 
     imminence of an air attack on Pearl Harbor'';
       (B) criticized the higher command for not sharing with 
     Admiral Kimmel ``during the very critical period of 26 
     November to 7 December 1941, important information . . . 
     regarding the Japanese situation''; and
       (C) concluded that the Japanese attack and its outcome was 
     attributable to no serious fault on the part of anyone in the 
     naval service.
       (7) On June 15, 1944, an investigation conducted by Admiral 
     T.C. Hart at the direction of the Secretary of the Navy 
     produced evidence, subsequently confirmed, that essential 
     intelligence concerning Japanese intentions and war plans was 
     available in Washington but was not shared with Admiral 
     Kimmel.
       (8) On October 20, 1944, the Army Pearl Harbor Board of 
     Investigation determined that--
       (A) Lieutenant General Short had not been kept ``fully 
     advised of the growing tenseness of the Japanese situation 
     which indicated an increasing necessity for better 
     preparation for war'';
       (B) detailed information and intelligence about Japanese 
     intentions and war plans were available in ``abundance'', but 
     were not shared with Lieutenant General Short's Hawaii 
     command; and
       (C) Lieutenant General Short was not provided ``on the 
     evening of December 6th and the early morning of December 
     7th, the critical information indicating an almost immediate 
     break with Japan, though there was ample time to have 
     accomplished this''.
       (9) The reports by both the Naval Court of Inquiry and the 
     Army Pearl Harbor Board of Investigation were kept secret, 
     and Rear Admiral (retired) Kimmel and Major General (retired) 
     Short were denied their requests to defend themselves through 
     trial by court-martial.
       (10) The joint committee of Congress that was established 
     to investigate the conduct of Admiral Kimmel and Lieutenant 
     General Short completed, on May 31, 1946, a 1,075-page report 
     which included the conclusions of the committee that the two 
     officers had not been guilty of dereliction of duty.
       (11) The Officer Personnel Act of 1947, in establishing a 
     promotion system for the Navy and the Army, provided a legal 
     basis for the President to honor any officer of the Armed 
     Forces of the United States who served his country as a 
     senior commander during World War II with a placement of that 
     officer, with the advice and consent of the Senate, on the 
     retired list with the highest grade held while on the active 
     duty list.
       (12) On April 27, 1954, the then Chief of Naval Personnel, 
     Admiral J.L. Holloway, Jr., recommended that Rear Admiral 
     Kimmel be advanced in rank in accordance with the provisions 
     of the Officer Personnel Act of 1947.
       (13) On November 13, 1991, a majority of the members of the 
     Board for the Correction of Military Records of the 
     Department of the Army found that the late Major General 
     (retired) Short ``was unjustly held responsible for the Pearl 
     Harbor disaster'' and that ``it would be equitable and just'' 
     to advance him to the rank of lieutenant general on the 
     retired list''.

[[Page S5879]]

       (14) In October 1994, the then Chief of Naval Operations, 
     Admiral Carlisle Trost, withdrew his 1988 recommendation 
     against the advancement of Rear Admiral (retired) Kimmel (By 
     then deceased) and recommended that the case of Rear Admiral 
     Kimmel be reopened.
       (15) Although the Dorn Report, a report on the result of a 
     Department of Defense study that was issued on December 15, 
     1995, did not provide support for an advancement of the late 
     Rear Admiral (retired) Kimmel or the late Major General 
     (retired) Short in grade, it did set forth as a conclusion of 
     the study that ``responsibility for the Pearl Harbor disaster 
     should not fall solely on the shoulders of Admiral Kimmel and 
     Lieutenant General Short, it should be broadly shared''.
       (16) The Dorn Report found--
       (A) that ``Army and Navy officials in Washington were privy 
     to intercepted Japanese diplomatic communications . . . which 
     provided crucial confirmation of the imminence of war'';
       (B) that ``the evidence of the handling of these messages 
     in Washington reveals some ineptitude, some unwarranted 
     assumptions and misestimations, limited coordination, 
     ambiguous language, and lack of clarification and follow-up 
     at higher levels''; and
       (C) that ``together, these characteristics resulted in 
     failure . . . to appreciate fully and to convey to the 
     commanders in Hawaii the sense of focus and urgency that 
     these intercepts should have engendered''.
       (17) On July 21, 1997, Vice Admiral David C. Richardson 
     (United States Navy, retired) responded to the Dorn Report 
     with his own study which confirmed findings of the Naval 
     Court of Inquiry and Army Pearl Harbor Board of Investigation 
     and established, among other facts, that the war effort in 
     1941 was undermined by a restrictive intelligence 
     distribution policy, and the degree to which the commanders 
     of the United States forces in Hawaii were not alerted about 
     the impending attack on Hawaii was directly attributable to 
     the withholding of intelligence from then Admiral Kimmel and 
     Lieutenant General Short.
       (18) Rear Admiral (retired) Kimmel and Major General 
     (retired) Short are the only two officers eligible for 
     advancement under the Officer Personnel Act of 1947 as senior 
     World War II commanders who were excluded from the list of 
     retired officers presented for advancement on the retired 
     lists to their highest wartime ranks under that Act.
       (19) This singular exclusion from advancement of Rear 
     Admiral (retired) Kimmel and Major General (retired) Short 
     from the Navy retired list and the Army retired list, 
     respectively, serves only to perpetuate the myth that the 
     senior commanders in Hawaii were derelict in their duty and 
     responsible for the success of the attack on Pearl Harbor, 
     and is a distinct and unacceptable expression of dishonor 
     toward two of the finest officers who have served in the 
     Armed Forces of the United States.
       (20) Major General (retired) Walter Short died on September 
     23, 1949, and Rear Admiral (retired) Husband Kimmel died on 
     May 14, 1968, without having been accorded the honor of being 
     returned to their wartime ranks as were their fellow veterans 
     of World War II.
       (21) The Veterans of Foreign Wars, the Pearl Harbor 
     Survivors Association, the Admiral Nimitz Foundation, the 
     Naval Academy Alumni Association, the Retired Officers 
     Association, the Pearl Harbor Commemorative Committee, and 
     other associations and numerous retired military officers 
     have called for the rehabilitation of the reputations and 
     honor of the late Rear Admiral (retired) Kimmel and the late 
     Major General (retired) Short through their posthumous 
     advancement on the retired lists to their highest wartime 
     grades.
       (b) Request for Advancement on Retired Lists.--(1) The 
     President is requested--
       (A) to advance the late Rear Admiral (retired) Husband E. 
     Kimmel to the grade of admiral on the retired list of the 
     Navy; and
       (B) to advance the late Major General (retired) Walter C. 
     Short to the grade of lieutenant general on the retired list 
     of the Army.
       (2) Any advancement in grade on a retired list requested 
     under paragraph (1) shall not increase or otherwise modify 
     the compensation or benefits from the United States to which 
     any person is now or may in the future be entitled based upon 
     the military service of the officer advanced.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) the late Rear Admiral (retired) Husband E. Kimmel 
     performed his duties as Commander in Chief, United States 
     Pacific Fleet, competently and professionally, and, 
     therefore, the losses incurred by the United States in the 
     attacks on the naval base at Pearl Harbor, Hawaii, and other 
     targets on the island of Oahu, Hawaii, on December 7, 1941, 
     were not a result of dereliction in the performance of those 
     duties by the then Admiral Kimmel; and
       (2) the late Major General (retired) Walter C. Short 
     performed his duties as Commanding General, Hawaiian 
     Department, competently and professionally, and, therefore, 
     the losses incurred by the United States in the attacks on 
     Hickam Army Air Field and Schofield Barracks, Hawaii, and 
     other targets on the island of Oahu, Hawaii, on December 7, 
     1941, were not a result of dereliction in the performance of 
     those duties by the then Lieutenant General Short.

                          ____________________