E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, NOVEMBER 11, 2003 No. 163 House of Representatives The House was not in session today. Its next meeting will be held on Wednesday, November 12, 2003, at 2 p.m. Senate TUESDAY, NOVEMBER 11, 2003

The Senate met at 10:46 a.m. and was erans. Thank You for these heroes and tions. May we remember those who called to order by the Honorable JOHN heroines who loved country more than carry the physical and emotional scars WARNER, a Senator from the State of self and liberty more than life. Thank of battle so that the spirit of this day Virginia. You for their courage on the seas, in will be felt throughout the year. Help the air, on the land, and even under the us to show our gratitude to their fami- PRAYER sea. Lord, they gave their blood on for- lies, who persevered in spite of anxiety, The Chaplain, Dr. Barry C. Black, of- eign shores to preserve our heritage of fear, and grief. May we so labor to pro- fered the following prayer: freedom. Let us pray. Make us worthy of their service and mote peace on Earth that the efforts of God of spacious skies and amber sacrifices. Give us wisdom as we work America’s veterans shall not have been waves of grain, we pause on this special to perpetuate peace through goodwill in vain. We pray this in the name of day to thank You for America’s vet- and mutual understanding between na- the God of peace. Amen.

NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before November 21, 2003, a final issue of the Congres- sional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after re- ceipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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

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VerDate jul 14 2003 01:07 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0637 Sfmt 8633 E:\CR\FM\A11NO6.000 S11PT1 S14380 CONGRESSIONAL RECORD — SENATE November 11, 2003 PLEDGE OF ALLEGIANCE Our military men and women will ob- sition, ultimately capturing 132 pris- The Honorable JOHN WARNER led the serve Veterans Day in almost all of the oners. An observer termed what he did Pledge of Allegiance, as follows: world’s time zones. In the skies, on the ‘‘a call to courage.’’ I pledge allegiance to the Flag of the ground, and under the water, they will I encourage every American today to United States of America, and to the Repub- pause to remember. also take a moment of silence and look lic for which it stands, one nation under God, In a few moments, we, too, will pause for those who have answered that call indivisible, with liberty and justice for all. to remember. to courage. All throughout our coun- f As Senators, we have had the oppor- try, every day our veterans merit our tunity to work alongside so many who support, our respect, our thanks for ad- APPOINTMENT OF ACTING served our Nation so ably, and so vancing the cause of liberty here at PRESIDENT PRO TEMPORE nobly, during our country’s struggles home and indeed around the world. The clerk will please read a commu- on behalf of freedom—heroes such as They took what was granted to them nication to the Senate from the Presi- Strom Thurmond and Bob Dole, heroes by their fathers and, with their service dent pro tempore (Mr. STEVENS). such as JOHN MCCAIN and Bob Kerrey, and with their labors, they passed it on The legislative clerk read the fol- heroes such as Max Cleland and CHUCK to their children, bringing America lowing letter: HAGEL, heroes such as DAN INOUYE. We still free into a new century. U.S. SENATE, have seen how they and others have We pass legislation on their behalf to PRESIDENT PRO TEMPORE, sacrificed and suffered for a cause express the thanks—our thanks—of Washington, DC, November 11, 2003. greater than themselves. Their nobility this grateful Nation. Today’s silence is To the Senate: Under the provisions of rule I, paragraph 3, and grace, in war and in peace, stand as for them as well. of the Standing Rules of the Senate, I hereby examples to all in our new century and Now our country fights a new enemy, appoint the Honorable JOHN WARNER, a Sen- in the new conflict we fight today. faceless and hateful. It fights in new ator from the State of Virginia, to perform We work in an institution that val- ways, bringing new terrors and threats the duties of the Chair. ues unlimited speech—sometimes and intimidations to our fellow Ameri- TED STEVENS, speech over everything else. But in my cans. That is the final lesson our mo- President pro tempore. years of working alongside these he- ment of silence teaches us this morn- Mr. WARNER thereupon assumed the roes, I have discovered a lesson that ing. Chair as Acting President pro tempore. runs true for all of them. To me it has Together let’s remember the strength f been in these silences, the times they of silence and, as we resume our labors RECOGNITION OF THE MAJORITY have not joined in with the majority of here today, just as our Armed Forces LEADER their colleagues, that they have dem- work today around the world, let us onstrated their strength. move ahead with a little less noise and The PRESIDING OFFICER. The ma- Our Nation is a cacophony of noise, a a little more fortitude. jority leader is recognized. symphony of sound, from that factory The ACTING PRESIDENT pro tem- f floor to the market floor, from Main pore. The distinguished minority lead- SCHEDULE Street to Wall Street. It is the so- er. Mr. FRIST. Mr. President, this morn- called roar of democracy that makes us Mr. DASCHLE. Mr. President, each ing we will acknowledge and pay trib- unique as a nation and as a country. year, America honors its veterans on ute to our veterans with a moment of But this morning we are called to si- this day with solemn pride. silence beginning at 11 a.m. Following lence. Why? But this year, Veterans Day arrives the moment of silence, we have a num- In our Nation’s battles throughout with uncommon poignancy. As we show ber of Members who would like to her last two centuries, many have paid our gratitude to our veterans here at make statements regarding Veterans the ultimate sacrifice for freedom and home, a new generation of soldiers is Day. Those tributes will continue until liberty. This moment of silence we will thousands of miles from their loved 12 p.m., and I invite Senators to come shortly observe is the silence of those ones, facing danger on our behalf. There is an immediacy to this year’s to the floor during this period. Also, we voices stilled forever, of sons and Veterans Day. The risks our soldiers have a resolution honoring this coun- daughters no longer returning home, of are facing today have not yet been try’s veterans and we will consider husbands and wives no longer there for softened by memory. Without the filter that resolution during today’s session. each other, of mothers and fathers no At noon, it is my expectation to longer there for their children day and of history, we see clearly the dangers begin consideration of the Syria ac- night. they face every day when we learn of countability bill. That bill will be con- In the pain of these sacrifices, our yet another attack on American sol- sidered under the 90-minute debate warriors have built our country and diers, yet another death, yet another limitation and, therefore, Members can saved our world. They have stood as family that must go on without a loved expect a vote on passage following to- freedom’s sentinel and as liberty’s one. At the same time, we see clearly day’s policy luncheon. shield. They have fought the fights to the good that American service men The Senate will recess today from which history has called us and won and women can perform when we wit- 12:30 until 2:15 to accommodate the Re- the victories that faith has dared us. ness the hopeful faces of Iraqis eager publican Party luncheon. The Senate Our Nation is the beacon of liberty for a better, more peaceful life. will recess tomorrow for that same pe- for so many people around the world, Within the service of today’s soldiers, riod for the Democratic Party lunch- and it is the valor and dedication of the we may see a clear reflection of the eon to meet. many heroes, sung and unsung, service of our veterans. Just as our sol- Today, I would also hope to consider throughout the Nation’s past 200 diers today, our veterans, too, left fam- the Defense authorization conference years—those who sleep forevermore— ilies behind. They, too, woke up to un- report. Chairman WARNER will be here who have made it so. We honor them certain dangers. They, too, saw friends for his statement, and it is my hope we today not with noise but with silence. and comrades injured or killed. Yet, could reach a short time agreement to As the hour of 11 a.m. approaches, I knowing both their risks and their ob- finish that legislation on this day. The ask that we do observe this moment of ligations, they, too, performed their Military Construction appropriations silence. duty each day. conference report is available and I come from the great State of Ten- Forty years ago, President Kennedy should be addressed as well. nessee. We have our share of hallowed noted that no nation ‘‘in the history of Having said that, we will have roll- war dead. We have our share of heroes, the world has buried its soldiers far- call votes today. including perhaps one of the most fa- ther from its native soil than we Amer- mous Medal of Honor winners, Ser- f icans—or closer to the towns in which geant York. In a chain of events still they grew up.’’ HONORING OUR VETERANS astonishing today, he led a small squad At our proudest moments, the Amer- Mr. FRIST. Mr. President, today, our of just 7 men in charging a machine ican people have sent our sons and forces for freedom encircle the globe. gun nest mercilessly attacking his po- daughters across the globe to fight for

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.001 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14381 freedom. And once the fight was done, diers or their families when they might ling’s results to sneak into the service. we have welcomed them home with be coming home. And despite the added They found youngest sons—and only honor and gratitude. strain and the ever more complicated sons—who could easily have gotten Today, too, the honor of defending mission, we are failing to provide for deferments, but instead demanded to those who cannot defend themselves is our soldiers, our veterans, and their serve. carried forward by young American families. They also found official military soldiers. And their families and friends Veterans of Operation Iraqi Freedom records that listed the wrong home wait anxiously for their safe return. will join 250,000 veterans who must county for an extraordinary number of South Dakota is proud of the role its wait 6 months just to see a V.A. hos- the South Dakotans killed in the war. sons and daughters have played in Op- pital doctor. At first, the students were puzzled. eration Iraqi Freedom. At the start of This wait will be lengthened by the After a while, though, they discovered the war, it was a B–1 bomber crew from administration’s closing of seven Vet- the reason: So many counties had over- Ellsworth Air Force Base’s 28th Bomb erans Hospitals and a budget that filled their enrollment caps, that Wing that hit that bunker in Baghdad under-funds veterans health by $1.8 bil- young men would claim to be from an- where it was thought the Iraqi leader- lion. other county, just to be allowed to ship might have been hiding. All four In addition, the administration has serve their Nation. members of the crew were awarded the opposed expanding health care benefits All told, 68,000 South Dakotans en- Distinguished Flying Cross. to Guard Members and Reservists and rolled in the Armed Services in WWII. Staff Sergeant Randy Meyer, a Ma- their families. It proposed cutting the My father was one of them. Two thou- rine from Big Stone City, was part of a pay to troops facing imminent danger. sand two hundred of them never came unit that discovered 22 American pris- Schools for the children of military home—a greater percentage of World oners of war along a highway near families are being threatened with War II deaths than any other State. Baghdad. cuts. And the Defense Department is Those who did make it home passed Sergeant Meyer noticed that Spe- closing 19 commissaries and consid- that same sense of loyalty and duty cialist Shoshanna Johnson was too ering whether to close 19 more. onto their sons and daughters. During hurt to walk—she had been shot in In a recent article in ‘‘The Army the Vietnam war, 78 percent of South both ankles—so he picked her up and Times,’’ a representative from the Na- Dakota’s eligible young men chose to carried her to safety. tional Military Family Association was serve. And South Dakota’s National Guard quoted asking a question familiar to and Reserve units have been on the many of us today. ‘‘How can leadership That was, by far, the highest percent- front lines, both during the active be talking about cutting back on qual- age in the Nation. I was one of them. I fighting and today as we work to sta- ity-of-life benefits right now when the was lucky. Two hundred South Dako- bilize Iraq and rebuild the nation of force and everyone supporting the force tans who went to Vietnam didn’t make Iraq. is at such a high stress level?’’ it back. Their service on this day is doubled. One colonel quoted in the article ex- This year, too, South Dakotans have Because in addition to advancing de- pressed it more simply: ‘‘Betrayal,’’ he proven eager to serve. South Dakota mocracy and security, their brave acts said to the reporter. ‘‘Write that down has one of the highest proportions of make us still more aware of, and still and put it in your report.’’ our citizens serving in active duty in more grateful for, the brave acts of our In signing the GI Bill of Rights in Iraq of any State in the country. veterans. 1944, President Roosevelt noted that South Dakota knows the true mean- But alongside our pride, Veterans ‘‘the members of the Armed Forces ing of patriotism. We have sent out Day comes with a challenge. Each year have been compelled to make greater sons and daughters off to war, wel- we should ask ourselves, have we done . . . sacrifice than the rest of us, and comed those who returned, and buried enough to honor the sacrifices of our they are entitled to definite action to those that did not. soldiers and veterans? help take care of their special prob- We volunteer without boast or com- This year, if we are honest with our- lems.’’ plaint. The rewards of citizenship are selves, the answer must be no. Each year, we are in danger of falling great, therefore, the demands are Mr. President, in keeping with our further behind in our obligation to our great. agreement to stop for a moment of si- veterans. Recently, ‘‘definite action’’ Having sent so many young people lence at 11 o’clock, I will do so and re- has given way to little more than in- off to war, South Dakotans feel the turn to my remarks as soon as the mo- definite praise. tight bond that develops between sol- ment of silence has been completed. Veterans deserve better. diers and the communities they defend. The ACTING PRESIDENT pro tem- Some within this administration And we know that the debt we owe to pore. Under the previous order, the seem to believe that our responsibility veterans cannot be repaid on this day Senate will observe a moment of si- to our soldiers ends when they come alone. home. We disagree. These men and lence. We enjoy our freedoms every day, (Moment of Silence.) women risked their lives to defend our and every day we must remember those Mr. DASCHLE. Mr. President, I am own. They stood up for us; now we by whose courage they were purchased. hard pressed to recall a time when the must stand up for them, not with words gap between the demands we place on but with deeds. We must express our gratitude in our soldiers and the thanks we offer Mr. President, not long ago, a teach- both word and deed and commit our- them once they return home has been er from a small town in the Black Hills selves to their care, as they committed wider. It is bitterly ironic that on this of South Dakota gave her students an themselves to our protection. Veterans Day, while soldiers are facing assignment. She asked them to tell the Today, we witness the courage of our danger far from home, the gap is still stories of each of the 2,200 South Dako- soldiers serving throughout the world growing. tans who gave their lives in the fight and remember the courage of veterans Today, more than 500,000 American for democracy during World War II. throughout our history. Never once did soldiers are stationed in 137 different As word spread of the children’s they fall short of our expectations of countries around the world. More than work, the teacher was asked to bring them. Today, we must recommit our- 300,000 are engaged in active combat or the program to the entire State. selves to making sure we do not fall peacekeeping missions in seven dif- In doing their research, South Dako- short of their expectations of us. ferent countries, including more than ta’s children discovered some amazing Mr. President, I ask unanimous con- 140,000 in Iraq and Afghanistan. things. They found that Native Amer- sent that my remarks be taken from More than 400 American soldiers have ican—treated within their own country my leader time, not from the morning been killed in Iraq and Afghanistan. as second-class citizens—rushed to en- business time allocated for this tribute More than 2,400 have been wounded. list in record numbers. They found this morning. Meanwhile, our military is stretched young men who had failed their The PRESIDENT pro tempore. With- so thin we cannot tell many of our sol- physicals, but used a cousin’s or a sib- out objection, it is so ordered.

VerDate jul 14 2003 00:01 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.002 S11PT1 S14382 CONGRESSIONAL RECORD — SENATE November 11, 2003 RESERVATION OF LEADER TIME wonderful young men and women at risk, globe, some of which are still ongoing. many of whom have lost their lives, and we The PRESIDING OFFICER (Mr. Today our men and women in uniform have asked for nothing except enough ground are waging a fight against terrorism ENZI). Under the previous order, leader- to bury them in. ship time is reserved. and, at the same time, are partici- It is right and proper for the Senate pating in ongoing military operations f to remember the young men and in Iraq. MORNING BUSINESS women who have served our great Na- As we commemorate Veterans Day, tion in uniform and those who did not 2003, we should reflect on the sac- The PRESIDING OFFICER. Under return because they made the ultimate rifices—past, present, and future—that the previous order, there will be a pe- sacrifice. are made by our men and women in riod for the transaction of morning Veterans share a common bond. We uniform and their families. We should business until the hour of 12 p.m., with are truly comrades in the deepest sense also resolve to do more for our vet- the time equally divided between the of the word, and I salute each one of erans to ensure they have a decent Senator from Texas or her designee, them. standard of living and adequate health and the Democratic leader or his des- The PRESIDING OFFICER. The Sen- care. ignee. ator from Wisconsin is recognized. This is especially important as we The Senator from Texas is recog- Mr. FEINGOLD. Mr. President, as the welcome home a new generation of vet- nized. country marks the Veterans Day holi- erans who are serving in Iraq and in Mrs. HUTCHISON. Mr. President, I day, I wish to take a moment to ex- the fight against terrorism. Today’s yield 7 minutes to the senior Senator press my thanks to the people of Wis- soldiers, sailors, airmen, and marines from Alaska. consin and to our Nation’s veterans are tomorrow’s veterans. These men The PRESIDING OFFICER. The Sen- and their families. and women selflessly put their lives on ator from Alaska is recognized. I urge my colleagues and all Ameri- the line as the countless military per- f cans to take a moment today to reflect sonnel before them whom we honor upon the meaning of this day and to re- VETERANS DAY today. We must ensure that their serv- member those who have served and sac- ice and sacrifice, which is much lauded Mr. STEVENS. Mr. President, it has rificed to protect our country and the during times of conflict, is not forgot- been over 50 years since my good freedoms we enjoy as Americans. ten once the battles have ended and friends, Senator INOUYE, Senator HOL- Webster’s Dictionary defines a vet- our troops come home. LINGS, Senator WARNER, Senator LAU- eran as ‘‘one with a long record of serv- For that reason, I am committed to TENBERG, Senator AKAKA, and I re- ice in a particular activity or capac- ensuring that the Department of Vet- turned home from World War II. When ity’’ or ‘‘one who has been in the armed erans Affairs makes every effort to I joined the Senate in 1968, approxi- forces.’’ But we can also define a vet- educate our veterans about benefits for mately half of the Members of the Sen- eran as a grandfather or a grand- which they may be eligible through the ate were World War II veterans. While mother, a father or a mother, a brother VA. there are several Senators here who or a sister, a son or a daughter, or a Our veterans and their families have have served in Korea, Vietnam, and in friend. Veterans live in all of our com- made great personal sacrifices to pro- later engagements, there are a few of munities, and their contributions have tect our freedoms. Making sure our us still around who lived through touched all of our lives. veterans know about the benefits they World War II. We are proud of a tradi- November 11 is a date with special have earned is an important first step tion of over 48 million Americans who significance in our history. On that day in starting to repay this debt. That is have served in our Armed Forces since in 1918, at the 11th hour of the 11th day why I am fighting to overturn a VA 1776. of the 11th month, World War I ended. policy that prevents the agency from Whenever our Nation has needed war- In 1926, a joint resolution of Congress reaching out to veterans who may be riors to defend our Nation, young men called on the President to issue a proc- eligible for health care benefits, and and women in uniform have stepped lamation to encourage all Americans that is why I have introduced legisla- forward, willing to bear that burden. to mark this day by displaying the U.S. tion to improve the VA’s outreach to This day, Veterans Day, is a reminder flag and by observing the day with ap- veterans. to us of their courage, bravery, and propriate ceremonies. In addition, I continue to hear from sacrifice. In 1938, Armistice Day was des- many Wisconsin veterans about the These days, our thoughts are never ignated as a legal holiday ‘‘to be dedi- need to improve claims processing at far from a battlefield. New generations cated to the cause of world peace’’ by the VA. These veterans are justifiably have answered the call to service, and an act of Congress. This annual rec- angry and frustrated about the amount as we meet today, they are defending ognition of the contributions and sac- of time it takes for the Veterans’ Ad- us in some of the most dangerous rifices of our Nation’s veterans of ministration to process their claims. In places in the world, where they face de- World War I was renamed Veterans some instances, veterans are waiting termined enemies and terrorists. I join Day in 1954 so that we might also rec- well over a year. Telling the men and all here today in thanking each of ognize the service and sacrifice of women who served our country in the them for their service and thank their those who had fought in World War II Armed Forces that they ‘‘just have to families for their sacrifice. and the veterans of all of America’s wait’’ is wrong and unacceptable. I had the honor to serve in the Army other wars. Last month, the VA issued a press re- Air Corps with a squadron in China in Our Nation’s veterans and their fami- lease declaring ‘‘partial victory’’ in its World War II. Our squadron motto was: lies have given selflessly to the cause efforts to reduce the number of pending We do the impossible immediately, of protecting our freedom. Too many claims. The release noted that the VA miracles take slightly longer. have given the ultimate sacrifice for has reduced its claims backlog from The history of our Nation’s Armed their country on the battlefields of the 432,000 to 253,000 over the last 2 years. I Forces is one of impossible challenges Revolutionary War that gave birth to am pleased the VA has made claims and formidable enemies. But our men the United States, to the Civil War processing a priority, but there is and women in uniform have met and which sought to secure for all Ameri- much more work to be done. I urge the overcome them on battlefields, and in cans the freedoms envisioned by the Secretary to continue this effort to re- the air, and on the sea and, as our Founding Fathers, to the global fight duce the claims backlog. The more Chaplain reminded us, under the sea, against nazism and fascism in World than a quarter of a million veterans across the globe. War II. who are still waiting to have their Secretary of State Colin Powell re- In the last century, Americans claims processed, coupled with the cently spoke of the tradition of service fought and died in two World Wars and thousands of new veterans returning and said: in conflicts in Korea, Vietnam, and the from the battlefield of Iraq and Af- We have gone forth from our shores repeat- Persian Gulf. They also participated in ghanistan, deserve the concerted effort edly over the last hundred years . . . and put peacekeeping missions around the of the VA and the Pentagon to process

VerDate jul 14 2003 00:01 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.005 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14383 claims quickly and to educate new vet- have been privileged to be associated, I I suppose if we have a weakness in erans about their benefits in an effec- would not be here in the Senate. That terms of our recognition, it is identi- tive and clear manner that may help to is why I labor with others, primarily fying what others have done for us to prevent the filing of additional claims those on the Armed Services Com- be able to have the freedoms we enjoy in the future. mittee, to do what we can for today’s and have done for so many years. I I am looking forward to continuing veterans and, most importantly, for think it is appropriate we set this day to meet with veterans and their fami- those who are still in uniform and aside not only to recognize those who lies around Wisconsin to hear directly those who will follow in uniform in the have done so much but, frankly, to en- from them what services they need and generations to come, together with sure young people understand the sac- what gaps remain in the VA system. their families. rifices that have been made. We want So on Veterans Day, and throughout I speak in gratitude from my heart to people who were not around at all in the year, let us continue to honor all the veterans and, indeed, for what World War II, Korea, or even Vietnam America’s brave veterans and their the military did for this humble soul to to understand what has happened. families. make it possible through the GI bill Dwight Eisenhower once said that: I yield the floor. twice. I received it once for World War War demands real toughness of fiber, not The PRESIDING OFFICER. The Sen- II and once for brief service again in only in the soldiers who must endure, but in ator from Texas. Korea. Again, my heart is filled with the homes that must sacrifice their best. Mrs. HUTCHISON. I yield up to 7 gratitude, and it is such a magnificent That is true. All families sacrifice as minutes to the Senator from Virginia, day to rise and reflect. well. This morning, we visited a VA Mr. WARNER. Back in World War II, I remember on hospital in DC. We visited with a num- The PRESIDING OFFICER. The Sen- our block, when our neighbors were ber of veterans who were being treated ator from Virginia is recognized. lost in battle, a gold star went on their in that hospital, some from World War Mr. WARNER. Mr. President, I rise door to remind all of the sacrifices of II who had done so much. to join my colleagues on this magnifi- that family. And on the other doors Today we honor those who made cent day which we set aside for the vet- were a little decal which said: We these sacrifices, in many cases the ulti- erans of all of our wars. proudly have our son in the Army, the mate sacrifice in defense of liberty, As I was presiding at the time we Navy, the Air Corps, the Marines, the justice, and democracy. We are en- took a moment of silence, I reflected Coast Guard. gaged today in the struggle which will Those were days when there was ab- back to 1918 when the guns fell silent test our national resolve, and I hope solute sacrifice all across the Nation. at 11 o’clock across the trenches in Eu- today helps us to understand the im- Today, this Nation again is united. We rope. There was a young doctor there portance of that resolve. A new genera- stand strong behind our men and who had been wounded, who had been tion of Americans has answered the women of the Armed Forces, as it decorated, but he was still at his post call and is defending our country. should be. So by the grace of God, by in the trenches when that hour arrived. Today, as we commemorate and the sacrifices of all who have gone be- That was my father. honor those who have gone before, we fore us, we stand humbly today and ex- I read a poem in his honor and in must remember the brave souls cur- press our gratitude to them and their honor of all veterans which reflects my rently serving in harm’s way. We must understanding and my deep belief and families. I ask unanimous consent that a list renew our commitment to the ideals gratitude to veterans. It is called ‘‘In of United States service personnel cas- for which so many have fought and Flanders Fields’’: ualties be printed in the RECORD. died. We must never forget freedom has In Flanders fields the poppies blow There being no objection, the mate- a very high price indeed. That price has Between the crosses, row on row. rial was ordered to be printed in the been paid by our Nation’s veterans and That mark our place; and in the sky RECORD, as follows: their families. The larks, still bravely singing, fly I was impressed when I think it was Scarce heard amid the guns below. U.S. SERVICE PERSONNEL CASUALTIES the commandant of the Marine Corps We are the Dead. Short days ago who said there is a direct connection We lived, felt dawn, saw sunset glow, Total cas- Killed in Wounded Loved and were loved, and now we lie Contingency ualties action in action between the land of the free and the In Flanders fields. (KIA/WIA) (KIA) (WIA) home of the brave. That is true. Today we say thank you on behalf of Take up our quarrel with the foe: World War I ...... 321,000 115,000 206,000 To you from failing hands we throw World War II ...... 1,077,245 405,399 671,846 a very grateful Nation. We are ex- Korea ...... 139,852 36,568 103,284 The torch; be yours to hold it high. Vietnam ...... 211,506 58,203 153,303 tremely proud of all the veterans have If ye break faith with us who die Afghanistan ...... 252 31 221 done. We shall not sleep, though poppies grow Iraq ...... 2,336 398 1,938 I ask unanimous consent the poem In Flanders fields. ‘‘A Cowboy Defends Us’’ be printed in I wear one of those poppies on this Mr. WARNER. I yield the floor. The PRESIDING OFFICER. The Sen- the RECORD. Veterans Day. It is issued by the vet- ator from Texas. There being no objections, the mate- erans organizations all across America Mrs. HUTCHISON. Mr. President, I rial was ordered to be printed in the in reverence to those who have gone yield up to 4 minutes to the Senator RECORD, as follows: before us to make it possible today to from Wyoming, Mr. THOMAS. A COWBOY DEFENDS US exercise free speech. The PRESIDING OFFICER. The Sen- (By Tina Willis, Apr. 9, 2003) My distinguished colleague, Senator ator from Wyoming. I wonder what it means to you STEVENS, my friend of these 25 years in Mr. THOMAS. Mr. President, we all When you see the flutter of red, white, and the Senate, just mentioned that there rise to recognize this day. As we think blue are five of us who are here who served about it, I suspect there is no other day I think of American history and days that in World War II. My record pales of recognition that has as much bear- are gone against his record, Senator HOLLINGS, ing on the freedoms we enjoy as this I think of our troops in Iraq and Iran Senator INOUYE, and others. But I was day of recognizing veterans. It is so im- I think of the folks that settled this west privileged as a very young 17-year-old portant that we take time to recognize Who’ve raised sons and daughters and offered to volunteer and take up my respon- and honor those men and women who their best sibilities, as did all in my generation in These children traded a tractor for a have worn this country’s uniform. humvee’s rough ride those days. Yet the heavy lifting, the Certainly, as we think about it And their parents now wait with no sleep but heavy work, the heavy losses had been today, our thoughts are primarily fo- much pride done that went before us, and in 1945, cused on those men and women now I think of the cowboy called to duty today when I was simply in a training com- serving overseas in Iraq, Afghanistan, Throwing his pony a last flake of hay mand, the war ended. and other places. Of course, histori- Before boarding a bus in this dawn’s early I say that only because had it not cally we have many things to think light been for what the U.S. military has about: Those who have given so much As he joins the forces to fight the good fight done for me in these 58 years that I so we can continue to live in freedom. I think of the bunkhouse with one empty bed

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.008 S11PT1 S14384 CONGRESSIONAL RECORD — SENATE November 11, 2003 There’s a tent in the sand where he’ll now bility of what is clearly still a dan- who serve in uniform. America’s vet- lay his head gerous and unpredictable world. erans are the rock on which we have As I savor my freedom and pray for our After 9/11, President Bush said: defended America’s shores and are the troops In the months ahead, our patience will be reason our President can make such I think of the cowboys that now wear infan- one of our strengths . . . patience and under- try boots promises. standing that it will take time to achieve May God bless our veterans for their Their instincts and courage were learned on our goals; patience in all the sacrifices that service, and may He continue to bless the range may come. America. They’re taking care of the homestead—with Today, sacrifices are being made by a scenery change The PRESIDING OFFICER. The Sen- our troops who defend us far from ator from Texas. Our nation is safer and stronger today home, and by their proud yet worried Because some cowboy defends us—time zones Mrs. HUTCHISON. I yield up to 3 away families. The sacrifices they make are minutes to the Senator from Idaho, Mr. the same sacrifices made by those who And I wonder what it means to you CRAIG. served before them. We ask an awful When you see the flutter of red, white, and The PRESIDING OFFICER. The Sen- blue. . . . lot of those who wear the uniform. We ator from Idaho. ask them to leave their loved ones, to Mr. THOMAS. I yield the floor. Mr. CRAIG. Mr. President, let me travel great distances, to risk injury, The PRESIDING OFFICER. The Sen- thank the Senator from Texas for tak- even risk death. They are dedicated, ator from Texas. ing out this special order this morning. they are honorable, and they represent Mrs. HUTCHISON. I yield up to 4 I join with all Idahoans and all Amer- the very best of our country. We are in- minutes to the senior Senator from icans to pause during Veterans Day to deed grateful for these countless sac- honor the service of all our American Missouri, Mr. BOND. rifices. We can never repay our debt to The PRESIDING OFFICER. The Sen- soldiers. It is a day set apart to cele- those who serve our Nation, but we can brate peace and freedom through cere- ator from Missouri. ensure they know they will never be Mr. BOND. Mr. President, I thank my forgotten. Today, we have some very monies of thanksgiving and prayer. It colleague from Texas and the others real reminders of the cost of freedom. is a day dedicated to the men and who have spoken. It is an absolute that we would not women whose great sacrifices made it It is a great honor and privilege to be enjoy the freedoms we have today were possible that we might pause to recog- on the Senate floor on this Veterans it not for the willingness of our men nize them, to pray and to give thanks. Day to acknowledge the sacrifices of and women to serve each of us and our Sadly, however, as battles fade, so do America’s veterans and the priceless country by committing to fight on our the memories of our soldiers, and what service our veterans have rendered to a behalf in the armed services. was once a fervent memory becomes grateful Nation. We are fighting every day on the but a passing one of only photographs Earlier this morning Senator THOM- many fronts around the world and and pictures of men and women who AS, Senator INHOFE, and I visited the those of us in this body work to pro- served their country. Washington VA hospital to say thank vide not only the resources we need to But this is beginning to change. you. Previously, I had been to Walter ensure that our men and women in the As our Nation reaches out to free op- Reed and Bethesda National Naval field are the best trained, best pressed people around the world, a new Medical Center, as I know many Mem- equipped, best prepared, and the best generation of American soldiers is join- bers have, to say thanks also to those protected, but we also work to ensure ing the honored body of U.S. veterans. returning from the current war. In all we meet the commitments made to our Men and women who fought and con- of these visits and in everything we do, veterans who have served in the past. tinue to fight in Iraq are bringing fresh we should express our thankful appre- As former Secretary of Defense Wil- faces and new experiences to the legacy ciation to America’s veterans, particu- liam Cohen once said, we are ‘‘unwill- of those who have gone before. Troops larly while we find ourselves embroiled ing to live in a world in which evil tri- stationed in Afghanistan work to in a war against those seeking to de- umphs. And as a result, the flag of free- maintain the standard of freedom oth- stroy all America stands for, what we dom flies not only over America, but ers obtained for us in the past. These hold most dear, our freedom. over those countries whose people had soldiers are expanding the image of It is the soldier, sailor, airman, and to yield to the terror of tyranny and American veterans as they stand for the marine to whom we have turned for under the heel of boots of dictators.’’ liberty and redefine the world. protection from terrorists and the Our veterans have kept the flame of Like the soldiers before them, to- failed nation states that support them. freedom alive, and they are a true re- day’s members of the armed services Our troops are performing in an exem- flection of the American spirit. are risking everything to ensure the plary manner, taking the fight to those There are many accolades for vet- freedom and happiness of their fellow who would harm us on enemy territory erans, but the one I like best is from Americans. On a daily basis, they lay and on our terms. The events of Sep- Father Dennis Edward O’Brien’s ‘‘What their lives on the line to face an unsure tember 11 and the military operations Is A Vet?’’ and dangerous future. Some of them that have ensued since then have He is an ordinary yet extraordinary human pay the ultimate cost and remind us all brought a renewed understanding and being, a person who offered some of his life’s that freedom is not free. respect for our Nation’s military and most vital years in the service of his country Exactly who are the new veterans? our veterans. and who sacrificed his ambitions so others They are just like you. They are fa- would not have to sacrifice theirs . . . In response to the horrendous acts He is a soldier and savior and a sword thers and mothers whose children anx- carried out on 9/11, our men and women against the darkness, and his is nothing iously await their return. They are in uniform have taken action, as our more than the finest, greatest testimony on sons and daughters whose parents veterans have done countless times behalf of the finest, greatest nation ever proudly boast to their neighbors. They throughout history. known. are students, graduates, neighbors, and We are fighting the war on terrorism So remember, each time you see someone friends. They are people in our State, who served our country, just lean over and on many fronts, using all the tools at say thank you. That is all most people need, our hearts, and our homes. our disposal. We will win this conflict and in most cases will mean more than any For many people, this newest fight through the patient accumulation of medals they could have been awarded or for liberty is bringing home the reality successes, by meeting a series of chal- were awarded. of war. A veteran is no longer an unfa- lenges with determination, with will President Bush said it best when he miliar face in an old black and white and with purpose. This campaign is a described the will of our Nation by say- photograph. The price of freedom is no marathon, not a sprint. We must be ing: longer a thing of the past—it is our mindful to think not only in the near We will not waiver; we will not tire; we present and our future. With a new term but to look ahead 5, 10, 15 years will not falter; and we will not fail. Peace generation of young soldiers fighting and to take this opportunity to shape and freedom will prevail. for our Nation, we are forcefully re- our future world. We must find a way That peace and freedom will prevail minded of the sacrifices previous vet- to help contribute to the peace and sta- because of the commitment of those erans have paid for our happiness.

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.008 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14385 In the nearly 80 years since Congress the air. We are going to have peace. I their lives so that others may be free. first marked November 11th as a day to don’t want any of you dying while we Today I would like to remind everyone recognize and honor veterans, the are about to have peace. So he shep- that those lives lost were not in vain. image of the American veteran has herded all of them and put them under Because of these individual sacrifices been changing. Time has gradually bridges in the Argonne Forest, saying: we are able today to remain the great- brought a seasoned maturity of age to Hide for 24 hours because I sense that est free nation in the world. the once youthful faces of American there will be no war in 24 hours and I I would like to mention my personal soldiers. Sons have turned into fathers don’t want you dying. pride for the men and women from Mis- and fathers into grandfathers as each Sure enough, within 24 hours the war sissippi who so bravely currently serve generation replaced the last. was over. My father used to write to and have served their nation in de- Following the terrible attacks on our this captain, who lived in Illinois, and fense. homeland two years ago, President thank him for taking good care of him During the Vietnam War, 637 Mis- George W. Bush declared: in the midst of that war, in the Ar- sissippians gave their lives. In the Ko- Americans should always honor our vet- gonne Forest, as a non-American who rean Conflict, from 1950 to 1957, 412 of erans. At this moment, we especially need had become an American citizen by our statesmen made the ultimate sac- the example of their character. And we need getting drafted and serving. Just as all rifice. a new generation to set examples of its own, our other veterans, he was very proud. Since the horrific day that will for- examples in service and sacrifice and cour- Today we have so many millions of ever be remembered, September 11, age. American men and women who, one 2001, Mississippi has lost nine soldiers Today we see the fulfillment of this way or another, were like my father. during Operations Enduring Freedom challenge. We see a rising generation of They went off to serve their country. and Iraqi Freedom. new veterans fighting for the American They have had times of great fear. More than 3000 of Mississippi’s sons people. They have had times of great concern. and daughters have responded to this To the veterans of our past and They have had times when there was Nations latest call for arms in the present, we thank you. We honor your heroism all around them. global war on terrorism, and oper- service, commend your example, and I close today by saying something to ations in Afghanistan in Iraq. remember your sacrifice. While some of all of them. In all of our wars—I know Unlike previous wars, the veterans of us may never fully understand the sig- a little about the First World War be- these latest operations will probably nificance of your labor, we all feel your cause of my father, as I told you—but not have battle names to remember impact on our Nation and our lives. from all of the wars, I thank them all like Leyte Gulf or Vicksburg. The PRESIDING OFFICER. The Sen- on behalf of the people of my State for As the President has said, the global ator from Texas. what they have done to preserve the war on terror is a different kind of war, Mrs. HUTCHISON. I yield up to 4 greatness of this country and the con- where some operations would be visible minutes to the Senator from New Mex- cept of freedom and liberty. and others would not be. ico, Mr. DOMENICI. The PRESIDING OFFICER. The Sen- In this global war, our troops are sup- The PRESIDING OFFICER. The Sen- ator from Texas. porting freedom and democracy around ator from New Mexico. Mrs. HUTCHISON. I yield up to 1 the globe, and fighting terrorism in the Mr. DOMENICI. Mr. President, first, minute to the Senator from Mis- homelands of the terrorists and those I thank the distinguished Senator from sissippi, Mr. LOTT. who support them. Texas for yielding me a few moments. The PRESIDING OFFICER. The Sen- The war on terrorism will be a long Obviously, this is a time when it is ator from Mississippi. war, and it will call for the endurance very easy to talk about our veterans. Mr. LOTT. I thank the Senator from and perseverance of every American. In But I thought I might just take about Texas for coordinating the opportunity the end, there probably won’t be a half of my time to tell the Senate a lit- today for us to honor our veterans. truce or surrender document signed tle story about my father. ‘‘Greater love hath no man than this, aboard a great battleship. What there My father came to the United States that he lay down his life for his will be is stability, peace, and rep- in 1908 as a 12-year-old immigrant from friends,’’ or in this case his country. resentative government in places This quotation embodies my senti- Italy. I don’t think many of you know where terrorism used to breed—where ment on this Veteran’s Day, as we that in the First World War, immi- dictators no longer use poison gas on honor those men and women who have grants, noncitizens, were drafted. My their own people, or have mass execu- laid down their lives for our great father was in little Albuquerque in tions. country, and those who stand ready in business, 27 years old, couldn’t write And on this Veterans Day we should her defense. remember all veterans, including those English, couldn’t speak English too I stand today to render my sharpest who continue to serve in this different well, and he got a draft notice. Sure salute to the selfless, brave profes- kind of war. enough, 3 months later he went off to sionals who epitomize the most noble And it is most appropriate to honor war, the First World War. of citizens. Another thing that is most inter- How can we express our gratitude and and salute those Mississippians who esting is that Armistice Day was this overflowing pride for our service men have lost their lives in Iraq and Af- day, November 11; but it was also my and women who have paid the ultimate ghanistan. They are: Kenneth Bradley, dad’s birthday. So he was a young price for their country, and those Army Staff Sergeant of Jackson, MS; American soldier, unable to speak very friends and family members who have Henry L. Brown, Army Corporal, of much English. He was sufficiently un- endured the loss of their loved ones? Natchez, MS; Larry K. Brown, Army certain of his language that when he How can we ever truly appreciate the Specialist, of Jackson, MS; James An- was up for promotion he didn’t want to comfort and safety that the soldier, derson Chance III, Army Specialist, of be promoted because he was afraid he airman, or seaman affords us through Kokomo, MS; Therrel S. Childers, Ma- couldn’t drill the soldiers; he would his or her daily dedication to duty? rine Corps 2nd Lieutenant, of Harrison, sound funny because he had a big ac- Perhaps there are lessons to be MS; John K. Klinesmith, Jr., Army cent. Nonetheless, he did move up and learned from the strong, silent, tall Specialist, of Carriere, MS; Jonathan whatever he was entitled to he got. soldier whose steely eyes well up with W. Lambert, Marine Corps Sergeant, of He remembered vividly November 11, tears at the sounding of our National Newsite, MS; Vincent Parker, Navy Armistice Day—and one man in par- Anthem. Engineman First Class, of Preston, MS; ticular. I think all our veterans have a Perhaps we could stand to learn some Joe N. Wilson, Army Staff Sergeant, of memory of some leader. His memory things from the weathered, silver Crystal Springs, MS. was of his captain, the captain of his haired, proud veteran who stands taller In the words of Boyd Lewis: Corps of Engineers which was building and breathes deeply as he hears an- The tranquility we enjoy was purchased pontoon bridges and the like. The rea- other painful round of Taps. dearly. May we never forget. son he remembered him was because Today we all stand in solemn remem- The PRESIDING OFFICER. The Sen- this man told his men: Armistice is in brance of those Americans who gave ator from Texas.

VerDate jul 14 2003 00:01 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.009 S11PT1 S14386 CONGRESSIONAL RECORD — SENATE November 11, 2003 Mrs. HUTCHISON. Mr. President, Dad, I love being in the Army and I love It was really an awful day. The rain how much time is remaining on our serving my country. was coming down, there was lightning side? Dad, this is where I belong, and this is and thunder, but hundreds of people The PRESIDING OFFICER. The Sen- where I need to be with you and the other stood there to participate in that cere- iron soldiers. ator has 2 minutes 45 seconds. Dad, I push myself hard because I know the mony because we knew we were endur- Mrs. HUTCHISON. Mr. President, I drill sergeants expect a lot out of me. ing much less in that rain and in that ask unanimous consent that I be al- Dad, Iraq is a mess and I am glad we are lightning than men and women from lowed to take up to 4 minutes. here to fix it. Tennessee who are serving in Afghani- The PRESIDING OFFICER. Without Sergeant Major Falaniko finished by stan or Iraq, or had served on the objection, it is so ordered. sharing from his heart talking about beaches of Normandy, or in the rice Mrs. HUTCHISON. Mr. President, I the kind of kid his was; the kind that fields of Vietnam. rise today to pay tribute to the re- loved his sisters and sent them money Tennessee is the Volunteer State. markable men and women who have, on every payday just to let them know From the battle of King’s Mountain in over the years, placed their lives in he was thinking about them. the Revolutionary War, through the danger to preserve ours. On this Vet- He concluded by saying to the hun- Mexican War, the Civil War, and our erans Day, we remember those who dreds of soldiers there at their memo- World Wars, Tennesseans have volun- made the ultimate sacrifice. We ex- rial service, from the three-star gen- teered. We have honored those volun- press sincere gratitude for those who eral to the private: teers, and we have honored them as continue to serve and protect our free- What our country brings to Iraq is a veterans. dom, and we honor those families who chance for freedom and democracy . . . mak- As this Nation devotes a day to our also contribute every day in service of ing a difference every day. My son died for a veterans, we honor both Tennessee vet- our country. good cause . . . he answered the Nation’s call erans and Tennessee soldiers because On the heels of Operation Enduring like a typical American soldier. Jonathan so many Tennesseans—thousands—are Freedom in Afghanistan and Operation was accomplishing his mission, doing what serving in the battle against ter- Iraqi Freedom, this Veterans Day is he was supposed to be doing. He had a big rorism—men and women in active particularly significant. As we speak, heart and he was proud to be a soldier. duty, as well as men and women in the American and allied soldiers continue Then, First Sergeant Allen called: National Guard and those in the Re- to fight and die in defense of our lib- Private Falaniko. serves. erty. Many are face to face with danger And there was silence. The best thing we all can do on this at this very moment. Again, he called: Veterans Day is to show as much re- It is these remarkable men and Private Jonathan Falaniko. spect and honor to our veterans as our women, past and present, who embody veterans have always shown to our And finally: the democratic ideals that are the country. foundation of our great Nation. I would Private Jonathan Ioakimo Falaniko. Mr. LEVIN. Mr. President, this year, like to share with you the story of one Silence prevailed. as we again remember our veterans and soldier who recently lost his life in Jonathan Falaniko was a hero who the sacrifices they have made for our Iraq. The following commentary was made the ultimate sacrifice. Both he country on this 11th day of the 11th written by LTC John Kem, a former and his father are examples of what month, the men and women serving in Army legislative fellow who worked on makes our Army and our country our Armed Forces deserve special rec- the Subcommittee on Military Con- great. ognition. This year’s remembrance is a struction during his year here. He The Army and our Nation mourn his unique time as we honor new veterans wrote: death. That young man—a soldier for coming home from the battlefields of There are very few events more poignant not even a full year—was buried at Ar- Afghanistan and Iraq who have made than a memorial service for a fallen Soldier. lington National Cemetery on Friday. the sacrifice and have answered the The service finishes with a final roll call by On this Veterans Day, I think we call. Our appreciation and gratitude ex- the company first sergeant of the Soldier’s should reflect on the wonderful young tends to all of them and their families squad members. Each Soldier in turn re- men and wonderful fathers who would for the sacrifices that they have made. sponds: ‘‘Here, first sergeant.’’ Then, three put service to country above all else, As of last week, 395 American service times in a row, the first sergeant calls out for they are the ones who are pro- members have been killed and 1,889 the dead Soldier’s name. Finally, after the third silent pause, waiting for a response tecting the freedom that we enjoy American service members have been that will never come, a lone bugler sounds today. wounded during Operation Iraqi Free- Taps. Thank you, Mr. President. I yield the dom. Our thoughts and prayers are This evening [he said] I went to a memo- floor. with them and their families. We pray rial service for Private Second Class Jona- Mr. ALEXANDER. Mr. President, for the safety of those still in harm’s than Falaniko. Jonathan was killed on Oct. today is Veterans Day. It is a time to way and hope they return home soon. I 27 in Baghdad by a rocket-propelled grenade. pay tribute to those who have fought visited some of our servicemen and As you would expect, the memorial service for our freedom and made us the Na- was sad, but it was also a profound lesson on women at Walter Reed Army Medical faith, selfless service and a family’s love. tion we are today. Center here in Washington, DC Jonathan’s unit, the 70th Engineer Bat- On November 11, 1919, Veterans Day recuperating from wounds they re- talion, is part of the Army’s 1st Armored Di- began as Armistice Day. It marked the ceived in Iraq. Some of them had lost vision Engineer Brigade. The senior enlisted first anniversary of the cease-fire limbs, and face significant physical soldier in the brigade happened to be Jona- agreement among the Allied powers challenges in building a new life. As I than’s father, Command Sergeant Major and Germany to end World War I. It expressed my appreciation to them for Ioakimo Falaniko. was also to honor the men and women their sacrifices, I was humbled and in- After the company commander and a few of Jonathan’s friends spoke at the memorial who sacrificed during that conflict. spired by their high spirits, their deter- service, the command sergeant major In 1926, a congressional resolution of- mination and their abiding faith in our stepped forward and spoke. He spoke about ficially named Armistice Day in the country. Jonathan as both a soldier and a son. United States. It became a national November 11th—the day World War I Sergeant Major Falaniko read from a few holiday 12 years later. In 1954, Congress ended in 1917—has been a distinguished of Jonathan’s recent letters. passed a law to change the name from day of recognition for America’s vet- For a point of reference, Jonathan Armistice Day to Veterans Day to erans since 1954 when President Dwight was a new soldier who had been in the honor veterans of all U.S. wars. Eisenhower signed into law the day Army less than 6 months. He attended As I think about our veterans and all that would honor the men and women basic training beginning in May 2003 they have sacrificed, I am reminded of who have served in our Nation’s Armed and deployed to Iraq in August of this a day 6 months ago when I visited Mad- Forces. Since the founding of our coun- year. The following quotes are from isonville, TN, to see and participate in try, almost 50 million men and women some of his letters in the last few the raising of the largest American flag have served in the United States mili- months of his life: in our State—1,800 square feet. tary, and nearly half of them are still

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.015 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14387 alive. So today, there are appropriate become America’s first black military man, recognizing the need for an inte- ceremonies at Arlington National Cem- airmen, at a time when rampant rac- grated air force, enacted an executive etery, throughout Michigan and the ism led many people to falsely assume order demanding equality of treatment rest of the country to honor our vet- that black men lacked intelligence, and opportunity in all of the armed erans and what their service has meant skill, and patriotism. And boy, were forces. to our country. they proved wrong. The Tuskegee airmen were instru- I would also like to recognize the Af- The military feats of this group can mental in the passing of this executive rican-American men and women who in be described as nothing less than phe- order, which paved the way for broader years past served our Nation’s Armed nomenal. victories later on, including the end of Forces in primarily segregated units. In Order to enter the training pro- racial segregation in all military While segregation in our Armed Forces gram, the young men were held to the forces, and eventually in the United is a shameful chapter in our Nation’s same demanding physical and mental States as a whole. past, these veterans should be uniquely standards as all other military pilots These soldiers are a vibrant part of recognized for their honorable service and soldiers of supporting fields. And America’s history and a part of Michi- in the face of the burden of segrega- between 1942 and 1946, 992 black Amer- gan’s. Not only did many of the sol- tion. African-American soldiers over- ican pilots graduated from the rigorous diers train at Selfridge Air Base, but came a patten of prejudice that ques- program offered at Tuskegee Army Air the cadet classes drew heavily from the tioned their ability and prevented Field, not to mention the black naviga- Detroit citizenry. One such citizen them from training and working with tors, bombardiers, and gunnery crews made Michigan understand the value of their white counterparts. Segregated that were trained at selected military the Tuskegee program to its own his- African-American units have played an bases elsewhere due to a lack of facili- tory. important and powerful role in Amer- ties at Tuskegee. Lieutenant Coleman Young, later to ica’s military, from the Civil War’s Four-hundred and fifty of the become a long-time mayor of Detroit, 54th Regiment of the Massachusetts Tuskegee trained pilots headed to the was a product of the Tuskegee experi- Volunteer Infantry, to the Indian War’s Selfridge Air Base in Michigan for ence. Assigned to the 477th bombardier, Buffalo Soldiers of the 9th and 10th combat preparation, before bravely he and his colleagues were never sent Cavalry to World War II’s Tuskegee heading overseas as proud members of into combat due to racism from senior Airmen. Four hundred thousand Afri- either the 99th Fighter Squadron or the officers. Determined to preserve the can-American troops served the United 332nd Fighter Group, later to be con- memory of the Tuskegee airmen, with States in World War I and a million Af- joined. As the only four-squadron fight- the help of other Detroit members, he rican Americans served in World War er group performing bomber escort fostered what has become the National II’s segregated services. We should ac- missions in the 15th Air Force, the Tuskegee Airmen Historical Museum, knowledge their commitment which 332nd Fighter Group had extraordinary housed at historic Fort Wayne. This went beyond normal service and the and unprecedented success. They flew small but dignified museum, occupying call to duty. I am pleased that this all of their bomber escort missions— an old officer’s quarters, perpetuates past weekend, a special celebration of over 200—without the loss of a single the great story the Tuskegee have to our African-American veterans took bomber to enemy aircraft. tell. place in my home State of Michigan at The bomber escort missions of the A story I believe we should all listen the Color of Liberty Celebration at the famed 332nd ‘‘Red Tail’’ fighters were to. All in all, these soldiers gave over Wayne County Armory. so daunting to the enemy that they 150 lives in the name of their country I would also like to take a moment served as an immensely strong deter- and in the name of freedom. I now call to stress the importance of the Federal rent to challenges. The bomber crews on that country, the United States, to Government meeting its obligations to that the group escorted offered abun- provide them the recognition they de- all veterans to provide appropriate and dant expressions of appreciation since serve on this Veterans Day. adequate health care. There is a com- they faced far fewer challenges than According to existing records, 155 mitment by the appropriate commit- other crews in the 15th Air Force. Tuskegee soldiers originated from tees to add an additional $1.3 billion for Sadly, while these men were defend- Michigan, I wish to recognize each one veterans health care before Congress ing liberty for the people half a world of them: adjourns this year. Right now, 60,000 away, they were also fighting for their TUSKEGEE AIRMEN veterans are waiting 6 months or own liberation right here in the United Kermit Bailer; Clarence Banton; James longer for an appointment at VA hos- States. Despite their valiant deeds Barksdale of Detroit; Hugh Barrington of pitals. I am hopeful that Congress will abroad, racism and bigotry impeded Farmington Hills; Naomi Bell; Thomas fulfill our commitments to our vet- their success at home. Due to strict Billingslea; Lee Blackmon; Charles Blakely erans so that they have a strong VA segregationist policies, their assign- of Detroit, Robert Bowers of Detroit; James health care system that is well-funded ments were restricted to only two Brown of Ypsilanti; Willor Brown of Ypsi- lanti; Ernest Browne of Detroit; Archibald and suitably staffed. fighter groups, and one fighter wing. Their morale suffered more damage Browning; Otis Bryant; Joseph Bryant, Jr. of The terrorist attacks of September Dowagiac; Charles Byous; Ernest Cabule of 11th and the courageous actions of our due to the lack of opportunities for ad- Detroit; Waldo Cain; Clinton Canady of Lan- armed forces in Afghanistan and Iraq vancement than their air fleet did by sing; Carl Carey of Detroit; Gilbert Cargil; remind us that friends of tyranny and enemy fire. Nathaniel Carr of Detroit; Donald Carter of enemies of freedom still exist. Whether Despite this setback, these soldiers Detroit; Clifton Casey; David Cason, Jr; they are soldiers, sailors, airmen and still performed splendidly. In 1949, Peter Cassey of Detroit; Robert Chandler of marines who fought in the World Wars, Tuskegee pilots took first place in the Allegan; Pembleton Cochran of Detroit; Al- Korea, Vietnam or the Gulf wars, we Air Force National Fighter Gunnery fred Cole of Southfield; James Coleman of Meet, surpassing the performances of Detroit; William Coleman of Detroit; Eugene thank them for their service, their Coleman; Matthew Corbin of Detroit; Charles commitment and their sacrifice in the all the white units. Craig of Detroit; Herbert Crushshon; John cause of America’s freedom. The bigotry against these men only Cunningham of Romulus; and John Curtis of Ms. STABENOW. Mr. President, on served to hurt America. During the Detroit. this Veterans Day, I rise to recognize a war, many white units badly needed Donald Davis of Detroit; Cornelius Davis of group of truly deserving American vet- additional qualified soldiers, but could Detroit; Eugene Derricotte of Detroit; erans—the Tuskegee Airmen of World not draw upon the superb skills of the Taremund Dickerson of Detroit; Walter War II. Tuskegee airmen due to the military’s Downs of Southfield; John Egan; Leavie This heroic group of African Amer- segregationist policies. Farro, Jr.; Howard Ferguson; Thomas Flake But this cloud had its silver lining. of Detroit; Harry Ford, Jr. of Detroit; Luther ican flyers fought in two types of bat- Friday; Alfonso Fuller of Detroit; William tles—the battle of World War II and the The willpower and skill that brought Fuller of West Bloomfield; Frank Gardner; battle against racism at home. success for the Tuskegee airmen Robert Garrison of Muskegon; Thomas Gay The Tuskegee airmen were dedicated, abroad also helped in the war against of Detroit; Charles Goldsby of Detroit; Ollie determined young men who enlisted to racism at home. President Harry Tru- Goodall, Jr. of Detroit; Quintus Green, Sr.;

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.017 S11PT1 S14388 CONGRESSIONAL RECORD — SENATE November 11, 2003 Mitchell Greene; James Greer of Detroit; We have recently granted the Admin- for America’s interest, Congress must Alphonso Harper of Detroit; Bernard Harris istration an additional $87 billion dol- ensure that their medical needs are of Detroit; Denzal Harvey; James Hayes of lars in supplemental funding for Iraq covered. Detroit; Ernest Haywood of Detroit; Minus As I reflect on the origin of Veterans Heath; Milton Henry of Bloomfield Hills; and Afghanistan. Mary Hill; Charles Hill, Jr. of Detroit; While I would have preferred that Day, it brings me great hope that our Lorenzo Holloway of Detroit; Lynn Hooe of some of those funds be in the form of a service members will be home and Farmington Hills; Heber Houston of Detroit; loan to Iraq, and that there be more peace will reign again. Ted Hunt; and Hansen Hunter, Jr. safeguards to ensure the funds are well- On June 4, 1934, Congress enacted a Leonard Isabelle Sr., Leonard Jackson; used, I believe that it was necessary to concurrent resolution, recognizing No- Lawrence Jefferson of Grand Rapids; Alex- provide these funds. vember 11, 1918. The resolution states: ander Jefferson of Detroit; Silas Jenkins of It is clear to me that we must stay ‘‘Whereas the 11 of November 1918, Lansing; Richard Jennings of Detroit; Louie Johnson of Farmington; Ralph Jones; Wil- the course, and we must rebuild the in- marked the cessation of the most de- liam Keene of Detroit; Laurel Keith of frastructure, prevent civil war, and see structive, sanguinary, and far reaching Cassopolis; Hezekiah Lacy of River Rouge; to it that Iraq does not become a base war in human annals and the resump- Richard Macon of Detroit; Albert Mallory; for terror and instability throughout tion by the people of the United States Thomas Malone; Ralph Mason of Detroit; J. the region. of peaceful relation with other nations, Caulton Mays of Detroit; William McClenic; We must see to it that a stable gov- which we hope may never again be sev- Arthur Middlebrooks; Oliver Miller of Battle ernmental structure and viable econ- ered, and Whereas it is fitting that the Creek; Vincent Mitchell of Mt. Clemens; Wil- bur Moffett of Detroit; Dempsey Morgan of omy apart from Saddam’s tyrannical recurring anniversary of this date Detroit; Russell Nalle, Jr. of Detroit; Robert dictatorship can be put in place. should be commemorated with thanks- O’Neil of Detroit; Frederick Parker; Robert And most importantly, we must see giving and prayer and exercises de- Pitts of Detroit; Wardell Polk of Detroit; to it that our troops are given all the signed to perpetuate peace through Walter Poole; Calvin Porter of Detroit; Cal- tools necessary to accomplish these ob- good will and mutual understanding vin Porter; Leonard Proctor; Della Rainey; jectives. between nations; . . . ’’ Sandy Reid of Southfield; Edward Rembert; Approving the additional funding was On May 13, 1938, the 11 of November Harry Riggs of Bloomfield Hills; Walter Rob- the only way to truly support our mili- was approved as a legal holiday dedi- inson of Detroit; Major Ross of Oak Park; Washington Ross of Detroit; John Roundtree tary service members and aid their ul- cated to world peace, known as Armi- of Westland; Calude Rowe of Detroit; Wil- timate success. stice Day. Finally, on June 1, 1954, Con- liam Ruben; William Rucker; Jesse Rutledge As we seek to ensure that the current gress renamed Armistice Day to Vet- of Detroit; and Issac Rutledge. war efforts are well funded, we also erans Day, thereby commending all Calvin Sharp; Albert Simeon, Jr. of De- need to realize that very soon, the veterans. troit; Paul Simmons, Jr. of Detroit; Leon young men and women of our armed Veterans Day is often associated Smith; Chauncey Spencer; William Steven- forces will be returning home. with war, but its true significance lies son; Chester Stewart of Detroit; Harry Stew- art of Bloomfield Hills; Roosevelt Stiger of Some will require extraordinary care in peace and humanity. Jackson; Howard Storey; Willie Sykes of De- for a long period of time. It is incum- Since September 11 this country has troit; Willis Tabor; Kenneth Taitt of Detroit; bent upon us to ensure that they have undergone tremendous struggle and un- William Taylor, Jr. of Inkster; Lucius Theus adequate facilities to aid them in their certainty. of Bloomfield Hills; Donald Thomas of De- recovery and recuperation. We have shown that our resiliency is troit; Austin Thomas; Wm. Horton Thomp- There must not be any doubt by any greater than our fears and our convic- son of Detroit; Jordan Tiller; Paul Tucker of of our injured veterans that they did tions of freedom and right can not be Detroit; Edward Tunstall of Detroit; Allen the right thing in sacrificing health to compromised. Turner of Ann Arbor; Cleophus Valentine of This country is great because its citi- Detroit; Charles Walker of Jackson; Robert defend our nation’s interest. Walker; Roderick Warren of Detroit; Theo- The best way to prove to them that zens are great. This country was born dore Washington of Detroit; Richard they have our full support is to ensure from the sacrifice of its citizens and Weatherford of Aibion; Jimmie Wheeler of that they receive good health care and the vision they saw. Detroit; William Wheeler of Detroit; Cohen adequate benefits once they return Today we honor the citizens who White of Detroit; Harold White of Detroit; home. served and continue to serve our great Paul White; Peter Whittaker of Detroit; It is our responsibility to make sure country. They are the protectors of our Leonard Wiggins of Detroit; David Williams that our veterans are not waiting six democracy and our way of life; they are of Bloomfield Hills; Willie Williamson of De- months or longer for appointments at our veterans. troit; Robert Wolfe; William Womack; and Coleman Young. VA hospitals, nor should they have to Mr. CONRAD. Mr. President, in the Mrs. FEINSTEIN. Mr. President, wait for 15 months for disability claims past few days, the tragic headlines today, on Veterans Day, we commemo- to be finalized, as is now often the case. from Iraq have reminded us of the self- rate and pay special honor to all the And prescriptions costs must be af- less sacrifices our soldiers, sailors, ma- veterans who have made such great fordable. rines and airmen make every day to sacrifices in the name of country and We need to make room available in keep this country strong and safe. The democracy. VA hospitals to ensure that all of our conflict in Iraq brings home again the This day is particularly poignant as veterans whether active duty or re- debt we owe to America’s veterans for our Nation is at war. There are more serves are adequately served. their service and their sacrifices. than 150,000 military service members In order to accomplish this task we In North Dakota, we are extremely in harm’s way, fighting overseas in must be cautious as we close hospitals proud to have the highest per capita Iraq and Afghanistan. under the Capital Assets Realignment participation in the Guard of any State They fight for freedom of the Iraqi for Enhanced Services—CARES—pro- and to be among the leaders in per cap- people, who have faced decades of ex- gram to ensure that we don’t leave our ita participation in the Reserves. More treme oppression and brutality under veterans stranded without accessible than 1,000 North Dakota National Saddam Hussein, and against the services. Guardsmen and reservists in Iraq, Ku- Taliban forces, who continue to pose a As our veterans return home, some wait and Afghanistan are serving with challenge in Afghanistan. with great and debilitating injuries, we distinction. Behind these statistics, Sadly, nearly 500 have paid the ulti- must also ensure that their compensa- though, are individual soldiers who mate sacrifice and many more have tion is just, full, and reflective of the have left behind families. With the sustained life altering injuries. American spirit. wonders of modern technology, I can And as we prepare to send thousands Finally, we need to remember the hear directly from soldiers who are on more in harm’s way, I believe that it’s families of the great men and women the frontlines in Iraq. I hear of their our obligation to ensure that our mili- who are separated from their loved accomplishments, when they’ve helped tary service members and veterans re- ones. make life just a little better for an ceive full support from Congress, and We must make sure that their con- Iraqi family or even a whole commu- that our efforts are tailored to benefit cerns are the Nation’s concerns. While nity. I hear of their pride in doing a job those who proudly serve this Nation. their loved ones are overseas fighting well for their country. But I also hear

VerDate jul 14 2003 03:55 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.010 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14389 of their frustration with searing heat, torical accounts of one of the most sig- Let me close by saying thank you. swirling dust, and irregular access to nificant engagements involving North Thank you to our veterans. Thank you showers and the other comforts we Dakotans in 1942, when members of the to our military personnel now on ac- take for granted. I hear of their worries 164th Infantry Regiment of the ND tive duty around the world. Your serv- about family at home, how their loved Army National Guard were the first ice and your sacrifice make me, and ones are coping with their absence and Army unit to engage in combat action you make America, very, very proud. their concern that the news of deaths in the Pacific Theater on Guadalcanal. Ms. CANTWELL. Mr. President, and injuries among their fellow sol- I was honored to have introduced a res- today marks the 50th anniversary of diers are adding to the stress on their olution that passed the Senate in 1992 Veterans Day. This historic occasion is families. I hear their longing to get paying tribute to the heroic actions of an important opportunity for all Amer- back to home and family. In short, I the 164th Infantry unit. icans to express our gratitude to our hear of the sacrifices they are making Today, as I noted earlier, military Nation’s veterans for the sacrifices on our behalf. personnel from our State continue to they have made serving our country And every day I hear from the family protect our homeland and to serve in and defending our freedom. members of our activated servicemen hostile environments around the world. My first sense of the sacrifice made and servicewomen. I hear how proud Active duty personnel from the Minot by our veterans came from my family. they are that their beloved ones are and Grand Forks AFB, Air National My father volunteered to serve in the Guard from Fargo, and the more than serving the country they love. But I Air Force during World War II, and 1,000 Army National Guardsmen and re- also hear of the added burden that flew missions over Europe. I will never servists continue to play a vital role in those left behind must bear. I hear the forget his stories of the war, of the men homeland security and in the fight frustration of not knowing when a with whom he served, and of the dan- loved one will come home and of learn- against terrorism. We owe these active duty personnel and their families a gers they faced together. Yet he knew ing that the deployment has been ex- full well the risks he would face when tended. I hear of the hit on the family deep debt of gratitude for responding to the extraordinary challenges posed by he joined up. finances for Guardsmen or reservists In fact, my father enlisted after who have left higher paying jobs to international terrorism. As we observe Veterans Day, let us learning that his brother was missing serve their country—and of the spouses remember that the respect and appre- in action. Like the hundreds of thou- who are left to keep the family busi- ciation that we show our veterans and sands who fell at places like Nor- ness running on their own. I hear of the active duty personnel on this day is an mandy, Guadalcanal, Anzio, and Attu, added work as one parent takes on the act that we should demonstrate every and places so desolate they remain work normally done by two—the day of the year. It is especially impor- unnamed, my uncle never came home. caregiving, the helping with home- tant that we honor veterans and their He and his brothers in arms gave their work, the coaching, the meal prepara- families by making certain that our ac- lives to defend freedom at home and tion—all the little chores that add up tive duty personnel and veterans re- around the world. and are starting to become a source of ceive the benefits that we have prom- In perhaps the most eloquent testa- stress for some families. I hear the ised and that they are entitled to re- ment to the sacrifice of our Nation’s added anxiety of knowing that a loved ceive. We can do no less for the sac- veterans, President Abraham Lincoln one is serving in a dangerous role far rifices that they have made. said: from home. Each time the phone rings, That is why I am working hard in the But in a larger sense, we cannot dedicate— they hope that it will be a rare oppor- remaining days of the 1st Session of we cannot consecrate—we cannot hallow— tunity to hear that everything is going the 108th Congress to make certain this ground. The brave men, living and dead, well and to say ‘‘I love you,’’ but they that our veterans receive significant who struggled here, have consecrated it, far fear that it could be news of a casualty. increases in funding for VA health above our poor power to add or detract. The In short, I hear of the sacrifices that care, funding that should come as close world will little note, nor long remember they are making on our behalf. what we say here, but it can never forget as possible to the recommendations of what they did here. And I hear of the tremendous impact our national veterans service organiza- on small communities throughout tions in the annual Independent Budg- President Lincoln’s stirring words North Dakota. The current call-up has et. I am hopeful that Congress will in- are as true today as they were at Get- meant the loss of valued employees in crease the VA health care budget by tysburg 140 years ago this month. The small businesses on main streets across $1.3 billion, bringing the level close to ongoing deployments in the Middle the state. It has meant the loss of $27.2 billion. I strongly support that in- East are a reminder of these sacrifices. teachers, volunteer firefighters, police- crease. Additionally, I am very con- Earlier this year, I had the opportunity men, and medical personnel. And it has cerned by the uncertainty of annual to visit American troops stationed in meant the absence of church leaders, appropriations for VA health care Afghanistan and Iraq. I was impressed PTA leaders, Little League coaches. In every year, and believe that we need to by their grit and their resolve to carry short, it has meant sacrifices great and make VA health care funding manda- out a dangerous mission under ex- small. tory to guarantee that veterans get the tremely difficult circumstances. So this Veterans Day, we are re- health care they need and deserve. I am I was also proud to join the families minded of the tremendous sacrifices of pleased to be a cosponsor of legislation, and neighbors who welcomed home the our veterans and their families. Today S. 50, that would guarantee full funding thousands of Washington sailors, avi- is a Federal holiday. But it is more for VA health care. ators, and Marines who served in the than that. It is an opportunity to stop I also believe that it is time to end U.S.S. Abraham Lincoln carrier battle and thank veterans for their service the penalty against our disabled vet- group. It was uplifting to see such a and their sacrifice. It is an opportunity erans, and am pleased that we are mak- tremendous outpouring of support for to tell them how proud they make you. ing progress on providing full concur- our troops. And it is an opportunity to remember rent receipt of veterans disability com- Sadly, not all of them will make it those who made the ultimate sacrifice pensation and military retirement pay home. To the families and loved ones of and the debt of gratitude and honor for more veterans. While final action those men and women who have given this country owes to their heroism. has not been completed on the concur- their lives, I offer my heartfelt sym- I deeply regret that the business of rent receipt, I am hopeful that an pathy. You have the everlasting grati- the Senate is keeping me here in Wash- agreement to expand significantly the tude of the State of Washington and ington so that I am not able to deliver number of veterans eligible for concur- the Nation. that message personally to the tens of rent receipt and military retirement I am profoundly grateful for the serv- thousands of North Dakota veterans pay, without an offset, will be enacted ice of America’s military personnel and who served in past conflicts and wars. by Congress in the very near future. We for the sacrifices they have made in More than 50,000 veterans currently must, however, continue our efforts to protecting our country and our free- live in my State. Their service is rich provide full concurrent receipt for all doms. Although we commemorate their in history. I remember reviewing his- veterans entitled to this benefit. service on this special day each year, it

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.014 S11PT1 S14390 CONGRESSIONAL RECORD — SENATE November 11, 2003 is important to remember that the men Though seriously wounded three what anyone else would have done in the sit- and women in uniform make sacrifices times in 26 days, corpsman George uation.’’ to safeguard America every day. Whalen refused evacuation and repeat- . . . I thought to myself, ‘‘If uncommon Their service, both in peacetime and valor was so common on Iwo Jima, why can’t edly defined heavy mortar and rifle fire I find the Rambos of my imagination?’’ All I in war, protects us all. Our responsi- from the enemy to find and treat his could find were humble guys who insisted bility to them is to ensure that they wounded comrades. Disregarding his they hadn’t done much . . . But I realized and their families are provided the rec- own safety, he continued to cross open then that what my dad’s life and words, and ognition that they have earned and so terrain under fire to aid his friends, the words and lives of these other heroes, greatly deserve. It is also our charge, until he was so badly wounded, he were trying to tell me, was that it was all as Lincoln described it, to renew our about common virtue. could no longer walk. Even then, he My dad and his comrades were men of com- dedication to the ‘‘great task remain- carried on, crawling across the ground mon virtue before Iwo Jima, on Iwo Jima, ing before us’’—to renew our dedication through the raging battle to admin- and after Iwo Jima. Their actions and lives to freedom and democracy. I am con- ister aid to yet another fallen comrade. were consistent . . . I realized that the key fident that as we a nation will continue For his unselfish and steadfast cour- to my dad’s life was the attitude of common to live up to this challenge. I hope that age, and for ‘‘conspicuous gallantry virtue he practiced throughout his days. . . . we can meet our obligations as citizens and intrepidity at the risk of his life My dad, running through bullets on Iwo with the same sense of duty and honor above and beyond the call of duty.’’ Jima, doing his duty in the Pacific. My dad with which America’s veterans served. having the patience to teach me, a young George Wahlen was awarded the Medal son, how to tie his shoes. My dad, just lend- Mr. BENNETT. Mr. President, on of Honor, and is Utah’s only living re- ing a hand in his community. . . . And I am Veterans Day, it is fitting to pause, re- cipient of that rare recognition. confident that if my dad were here to read member and recognize the contribu- We are all familiar with the language these words about common virtue being the tions of those who have defended Amer- of military honors, but, in these chal- root of heroism, he would shake his head in ica throughout our history. Today, I lenging times, where American soldiers agreement and say: ‘‘It’s as simple as that.’’ would also like to recognize a man who and sailors, airmen and marines, once Mr. Wahlen has demonstrated com- risked his life to save his fellow ma- again are serving in foreign lands and mon virtue throughout his life and con- rines in the horrific World War II bat- showing the same gallant spirit of sac- tinues to do so. He did not end his serv- tle for Iwo Jima. rifice and courage in the face of battle, ice on Iwo Jima. Following World War Historian David Kennedy, in his book we need to hear it again. I would like II, true to the code of what Tom ‘‘Freedom from Fear,’’ describes the to quote from Mr. Wahlen’s citation: Brokaw called ‘‘the greatest genera- battle of Iwo Jima: Painfully wounded . . . he remained on tion,’’ he went on to serve his country The twenty-one-thousand-man Japanese the battlefield, advancing well forward of the in two more wars and to dedicate garrison had honeycombed Iwo’s basaltic front lines to aid a wounded marine and car- countless volunteer hours in following ridges and Suribachi’s ashen flanks with re- rying him back to safety despite a terrific years to the service of his fellow vet- inforced concrete-and-steel bunkers and concentration of fire. Tireless in his min- erans. stuffed them with artillery, antiaircraft istrations, he consistently disregarded all guns, mortars, and machine guns. They were It is to honor this fine and humble danger to attend his fighting comrades as man, who would be the last to claim so well and deeply entrenched that seventy- they fell under the devastating rain of shrap- two days of aerial bombing and three days of nel and bullets. . . . When an adjacent pla- such an honor for himself, that I am naval shelling barely scratched them. At toon suffered heavy casualties, he defied the proposing to change the name of the first light on February 19 two divisions of continuous pounding of heavy mortars and Department of Veterans Affairs’ Med- marines, each man carrying up to a hundred deadly fire of enemy rifles to care for the ical Center in Salt Lake City, UT to pounds of gear, stepped from their amphtracs wounded, working rapidly in an area swept the ‘‘George E. Wahlen Department of onto Iwo’s beaches and sank to their boot- by constant fire and treating 14 casualties Veterans Affairs Medical Center.’’ Sen- tops in the powdery mixture of sand and vol- before returning to his own platoon. Wound- ator HATCH and I introduced this legis- canic ash. Vehicles, including tanks and ed again . . . he gallantly refused evacu- half-tracks, soon bogged down in the quick- lation, S. 1815, last week. ation, moving out with his company the fol- This is a proper and fitting thing to sand-like topping of pumice and cinder that lowing day in a furious assault across 600 blanketed the island. From the Japanese yards of open terrain and repeatedly ren- do, not only because of Mr. Wahlen’s bunkers and pillboxes a hellish rain of shells dering medical aid while exposed to the accomplishments and service, but also and bullets pelted the beaches, where the blasting fury of powerful Japanese guns. because he is beloved by his fellow vet- marines seemed to be moving in slow motion Stouthearted and indomitable, he persevered erans. This is made clear by the unani- through the sucking sand . . . in his determined efforts as his unit waged mous support I received in support of The battle ground on . . . with unmatched fierce battle and, unable to walk after sus- this change from all of the State com- barbarity. Japanese soldiers stubbornly re- taining a third agonizing wound, resolutely fused to surrender. When the fighting ended manders and directors of Utah’s vet- crawled 50 yards to administer first aid to erans’ organizations and State and at last in late March, only a few hundred still another fallen fighter. By his dauntless Japanese, mostly wounded, had allowed fortitude and valor, Wahlen served as a con- Federal agencies: the American Le- themselves to be taken prisoner. stant inspiration and contributed vitally to gion, the Disabled American Veterans, From February 19 to March 25, 1945, the high morale of his company during crit- the Veterans of Foreign Wars, the VA 6,140 Marine and Navy soldiers were ical phases of this strategically important Regional Office, the Utah Division of killed on Iwo Jima and 17,372 were engagement. His heroic spirit of self-sac- Veterans Affairs, and the VA Medical wounded. Nearly two of three soldiers rifice in the face of overwhelming enemy fire Center itself. who fought on Iwo Jima were killed or upheld the highest traditions of the U.S. When carrying the 2002 Olympic Naval Service. wounded. Twenty-two Marines and four Torch George Wahlen said, ‘‘It’s an corpsmen received medals of honor. James Bradley, in an article in the honor, but I feel like I’m representing During those terrible days of Feb- Wall Street Journal on November 10, all the veterans in the State of Utah.’’ ruary and March of 1945, George E. 2002, considered the phrase ‘‘Uncom- He has represented veterans so often Wahlen was a medical corpsman. mon Valor was a Common Virtue’’ in over the last 30 years. In this cir- James Bradley, in the book, Flags of his search to learn the story of his dad, cumstance, we honor George Wahlen, our Fathers said this: and others at Iwo Jima. Mr. Bradley as a veteran, a Medal of Honor recipi- . . . In the European theater, my dad (a wrote: ent, a man of both valor and virtue, navy corpsman) would have worn a red cross Corpsman George Wahlen was injured in and as a representative of all of the on his helmet and expected the Germans to the eye and shoulder, but patched himself up veterans who have served their coun- spare him as a noncombatant. And he would secretly so he would not be evacuated. When try. have been unarmed, according to the Geneva an exploding shell shattered his ankle, leav- Many veterans who returned as he- Convention. but the Pacific theater was dif- ing his foot dangling and all but discon- roes are often uncomfortable with the ferent. . . . The Japanese on Iwo Jima had nected from the leg, he shot himself with designation of heroes. James Bradley, been trained to look for corpsmen by identi- morphine, taped up his ankle, and crawled fying their telltale medical pouch—and back to the fight with one good eye, one in Flags of our Fathers, recounted a shoot them on the spot. Without a corpsman good arm, and one good leg. Corpsman story where his third grade teacher re- to save the wounded, the Japanese knew, Wahlen had to be dragged off the field of bat- ferred to James’s father as a hero and their kill ratio would be much higher . . . tle. ‘‘Why?’’ I asked. He answered, ‘‘I just did wanted him to come and speak to his

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.045 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14391 class. He recounts the exchange with United States who have served in de- count, 37 percent of these heroes are his father: fense of our great Nation. In 1918, on over 65 years old and many of them ‘‘Jim, your teacher said something about the 11th hour of the 11th day in the need medical care. Caring for these heroes . . .’’ 11th month, the world rejoiced and brave men and women is an obligation I shifted expectantly in my chair, waiting celebrated. After four years of bitter that we must take seriously. In my to hear some stories of valor. Instead he war, an armistice was signed. The ‘‘war first year as a Congressman, in 1995, looked me directly in my nine-year-old eyes, signaling that he’d like to embed an idea in to end all wars’’ was over. How spending on veterans healthcare was my brain for the rest of my life. He said ‘‘I unprophetic were these sincere but $16 billion. Just 9 years later, President want you to always remember something. hopeful words. Bush’s fiscal year budget request was The heroes of Iwo Jima are the guys who The turn of events has since made us $27 billion, an increase of $11 billion. didn’t come back.’’ realize more than ever that ‘‘Eternal We can always do better, and we will, Today, we remember those who came vigilance is the price of liberty,’’ and but I think that this dramatic rise in back and those who didn’t—those who Armistice Day has turned into Vet- funding is remarkable. didn’t come back from Iwo Jima, from erans Day to honor all our brave men We have taken other significant steps Guadalcanal, from Normandy, from and women who served since that hope- to help our Nation’s veterans, includ- Vietnam, from Korea, from Afghani- filled day in many countries to defend ing concurrent receipt legislation in stan, from Iraq. liberty and freedom. the fiscal year 2004 Defense Authoriza- While words fail to make an adequate America today, and this imperfect tion Act, which we will consider today tribute to those who lost their lives world, is a better place because of the on the floor of the Senate. This provi- and paid a price in sacrifice for what sacrifices made by our veterans and sion helps disabled veterans wounded we enjoy today, I will borrow from their families, many of whom paid the in combat to receive both their dis- what has already been written. In 1940, ultimate price, for ‘‘The only thing ability compensation as well as the Winston Churchill spoke to the House necessary for the triumph of evil is for pension which they earned in service to of Commons in relation to the Battle of good men to do nothing.’’ When duty our Nation. In addition, the concurrent Britain. He said, ‘‘Never in the field of called, our veterans responded magnifi- receipt provision will extend full dis- human conflict was so much owed by cently. ability and Veterans Affairs retirement so many to so few.’’ As we engage in Operation Iraqi pay for all disabled veterans rated 50 There are heroes that never came Freedom, Operation Enduring Free- percent and higher. When enacted, this back. There are heroes that did. Let us dom, Operation Noble Eagle, and provision does more to honor our Na- not forget. countless other missions around the tion’s disabled veterans than Congress Mr. BREAUX. Mr. President, I rise world, it is important that we support has done in years. today to honor the veterans of the U.S. our men and women in the military by On this day, my thoughts and prayers Armed Services and to thank those providing them with the training, are with the families of the fallen sol- who continue to serve bravely and pro- equipment, and resources necessary for diers who were deployed from my home tect the United States around the them to accomplish their mission so State and throughout the Nation, who world. that they can return to their families served with honor and bravery in the My home State of Louisiana has in a timely manner. We must also Middle East and Afghanistan. My made a significant contribution to the honor their families who also sacrifice thought and prayers are also with the war on terrorism. Since September 11, precious time with them so that they family of GEN Ray Davis, who passed 2001, more than 15,000 Louisiana men can defend our freedom. away earlier this year and whose leg- and women have fought to protect At the same time, we must never for- acy of service, honor, and heroism will Americans from those that threaten get the contributions and sacrifices be remembered for years to come. our safety. Every military installation made by those veterans who served in Mr. SARBANES. Mr. President, I join in Louisiana has contributed to this ef- past conflicts, and their families. We with my colleagues on this Veterans fort. There are 4,000 men and women must work to ensure that our veterans Day in paying tribute to those men and from Fort Polk currently serving in are provided with appropriate services women who have so ably served in our Iraq, more than 6,000 members from and benefits, such as adequate health Nation’s Armed Forces and honoring Barksdale Air Force Base deployed care, in a timely fashion. We currently the tremendous sacrifices they have since September 11, and thousands of face a $1.8 billion shortfall in funding made for this great country. reservists and Guardsmen continue to needed to provide healthcare for our I firmly believe that those citizens be activated and deployed throughout veterans. I remain committed to ensur- who have been called upon to defend our country and the world. In the com- ing that our veterans are provided with our Nation, to risk and in many cases ing months, over one hundred more the services and benefits that they sacrifice their lives, deserve our ut- Marine Reservists from Belle Chasse have earned. most respect and gratitude, for these Joint Reserve Base in Louisiana will be I am honored to pay tribute to these noble men and women are responsible called into action in Iraq. I would like fine individuals on behalf of a grateful for the peace and freedom which we, as to take this opportunity to express my Nation. Americans, cherish. deep gratitude for their sacrifice. Mr. CHAMBLISS. Mr. President, As we use this time to reflect upon I also want to let the roughly 379,000 from the Meuse-Argonne campaign of the heroic deeds of the past, we should veterans living in Louisiana and those World War I to the action in Operation also recognize the significance of these around the country know we do not Iraqi Freedom, American soldiers, sail- deeds for the present and the future. forget your service to our country. We ors, airmen, and marines have fought Due to the unselfish efforts of those of will be eternally grateful for your serv- on front lines around the globe to de- who have served, those who serve now, ice to the United States in our past and fend our freedom at home. Whether and the efforts of all of those who are present wars against communism, fas- fighting on the battlefield or manning no longer here with us, the world con- cism, and terrorism. Our Nation stays the ramparts against the threat of tinues to be a safer place and the prin- strong because of your efforts, and the Communist aggression, it is courage, ciples of democracy survive. world is a better place for the things commitment and endurance of the I have often said we ought not be you have done. American fighting forces that have sunshine patriots, that our dedication On this anniversary of the historic made possible the unprecedented pros- to the men and women who have served World War I armistice in Europe, I perity and political freedom that we should not solely be reserved for days honor the great achievements and sac- enjoy today. As a result of the constant such as this. Rather, we should be cog- rifices of the acting and retired mem- struggle to defend freedom, we now nizant of their contributions every day bers of the United States Armed Serv- have 26 million American veterans, of the year. ices and thank them for their bravery. about 768,000 of which are from my Throughout my time in Congress, I Mr. AKAKA. Mr. President, I pay home state of Georgia. am pleased to have fought hard on be- tribute to the 26.4 million military vet- With each year that passes, these half of the issues of importance to our erans and their families living in the veterans are growing older. At last Nation’s veterans: improving veterans

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.013 S11PT1 S14392 CONGRESSIONAL RECORD — SENATE November 11, 2003 health care and making it more acces- California desert, wishing very sin- This kind of delay and lack of access sible, protecting our veterans’ benefits, cerely to be elsewhere at that moment. to healthcare is unacceptable and yet including the authorization of concur- What they all have in common, and is all too common. It is also com- rent receipt, and ensuring that each what we all honor today, is that they pletely unnecessary. The difficulties veteran has a proper burial. did not shrink from the service to their faced by our veterans are caused by This week, the Senate may take up country, and still don’t. chronic underfunding of the VA health the Department of Veterans Affairs Ap- As they did not shrink from service system. propriations bill—which will fund VA during World War II in the Pacific and The VA system relies on the annual and its programs during the current in Europe, in long and bitter wars in appropriations process, a process which fiscal year. I am pleased to have joined Korea and Vietnam, in Lebanon and is contentious and unpredictable and with many of my colleagues in working Grenada, in Saudi Arabia and Kuwait, which makes it all too tempting to to increase the VA budget by $1.3 bil- and, today, in Iraq and in Afghanistan, slash current year funding regardless lion—to ensure that all veterans re- on hundreds of ships in every ocean of of how this affects our veterans. ceive the benefits to which they are en- the world; in Minot, ND; and in Fort This year, for example, veterans or- titled. I am hopeful that this increase Dix, NJ; on Diego Garcia and in ganizations estimate that the VA will ultimately be included in the bill Misawa, Japan; at Ft. Benning, GA; on health system needs $1.8 billion more when it is sent to the President for sig- Paris Island, SC; and at Walter Reed than the President requested. nature. Army Hospital and Bethesda Naval As a result, veterans advocates have In my view, we have a responsibility Hospital here in Washington. once again found themselves playing to adequately fund these programs— They responded to a sense of duty, catch-up. programs critical to the continued obligation, and a desire to belong to or The solution is mandatory funding of health and welfare of our Nation’s vet- strive for something separate and apart VA health needs so that veteran’s ben- erans. It is simply a matter of fairness from personal ambition. efits are no longer subject to the poli- and is, indeed, the very least we can do They may not even see or clearly un- tics of the annual appropriations proc- to honor their commitment and service derstand at the time their own motiva- ess. to this Nation. tions, but they do not shrink from Without such a mechanism, the VA Mr. CORZINE. Mr. President, I rise service all the same, and our country is system will remain chronically under- to call attention to the importance of the better for it. funded, and veterans needing care will the Veterans Day commemoration A simple choice on the face of it—the continue to have to wait disgracefully ceremonies and private remembrances, willingness to serve—but one that, long periods of time. both formal and informal, being ob- given the unparalleled abundance of I also wish to note that today I am served today by Americans around the choices that Americans today enjoy— introducing the Comprehensive Hepa- Nation and across the world. we must recognize, honor and support. titis C Health Care Act, to provide in- Given the many demands on this As we stop to honor our veterans, we creased testing and care for veterans at body and the hectic pace of modern must go beyond rhetorical support. risk of or infection with hepatitis C. life, it is all too easy for the Senate, as We must provide for those who have Most veterans who have hepatitis C well as for all Americans, to fail to served the rest of us so well, and we don’t even know it, and often don’t get give this day—Veterans’ Day the atten- need to do so in practical and concrete treatment until it’s too late. tion it demands. It is all too easy to let terms, for our debt to our veterans’ de- Yet despite recent advances in care, the date on the calendar pass without mands that we respond to their needs the VA still lacks a comprehensive ap- stopping and reflecting. and their concerns, and demands that proach to testing and treating veterans But, as citizens, as well as public we deliver the benefits they have for the virus. servants, we must never fail to com- earned through their service and sac- The legislation I am introducing memorate, honor, and remember in our rifice. would improve access to hepatitis C hearts our veterans and their sacrifices First, full accountability for all MIA/ testing and treatment for all veterans, and what those sacrifices have meant POW’s, without exception. There is no ensure that the VA spends all allocated to our country. higher obligation for a country than to hepatitis C funds on testing and treat- A mere once a year we are called to keep faith with those of its fighting ment, and set new, national policies for publicly applaud and honor the many men and women who may still be in hepatitis C care. Americans, living and deceased, men enemy hands. We must not turn away. I have also introduced and will con- and women of every ethnic group and In this regard, I urge the administra- tinue to push for a measure to lower walk of life, who have given of them- tion and the Defense Department to the retirement age for reservists to 55. selves, their time, their youth, their continue their search for CAPT Mi- This measure is a way to ensure fair- sweat, and, all too frequently, their chael Scott Speicher, United States er treatment for reservists in their ca- blood, and their lives. Their sacrifices Navy, whose family is from New Jersey reer planning and to make a reserve ca- have kept us free and enabled us to re- and whose aircraft was shot down over reer more attractive to military mem- main the last best hope of the world. Iraq in 1991. bers who might otherwise opt out of About this nation’s revolution, Then-Commander Speicher was re- further service. Thomas Paine wrote: ported as the first American service We need to think about equity for re- These are the times that try men’s souls. member killed in action in Desert servists, and about the attractiveness The summer soldier and the sunshine patriot Storm. His status, however, was of Reserve careers as our global strat- will shrink from the service of their country; changed by the Department of Defense egy comes to rely ever more heavily on but he that stands it now, deserves the love from killed in action to MIA and then, reservist citizen-soldiers. and thanks of man and woman. in 2002, to POW. More indications sug- We also owe our veterans full concur- In observing Veterans Day today, we gesting Captain Speicher may have rent receipts. offer our love and thanks to those survived his 1991 shoot-down came to There should be no conflict between a Americans, over the course of our his- light after our liberation of Iraq. veteran’s right to receive his or her re- tory, who did not shrink from the serv- The Defense Department’s search for tirement benefits and a disabled vet- ice of their country. him, with the urging of my Senate col- eran’s right to disability income. And Most came to military service will- leagues and me, must continue until yet, incredibly enough, disabled vet- ingly, even eagerly, many with good Captain Speicher’s fate is fully ac- erans continue to pay what is, in ef- humor and high hopes, some more re- counted for. fect, a tax on their disability pay- luctantly, and more than a few who, Turning to the VA health care sys- ments. It is time—once and for all—to frankly, would rather have been else- tem, tens of thousands of veterans now eliminate this tax. where. must wait six months and more for ap- Ensuring that all veterans have ac- I can remember myself some years pointments. Some find they have to cess to quality healthcare is a small re- ago, as a young marine humping an 81- wait as long as one to two years to be payment for the contributions veterans millimeter mortar tube across the seen. have made in service to this Nation.

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.109 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14393 Unfortunately, the current Veterans the uniform of our Armed Forces to de- We, the Congress, must keep trying Administration healthcare funding for- fend our way of life. to do the right thing by these our mula—VERA—puts veterans in high- As a nation, we have dedicated this greatest Americans. cost areas, such as New Jersey, at a se- day to reflect upon the service and sac- The Nation continues to be truly vere disadvantage in getting adequate rifice of the many generations of Amer- blessed that our youth, our future gen- medical care. icans who have delivered and preserved erations, take inspiration from the de- Vets shouldn’t be forced to wait for us a nation free and strong. votion and sacrifice of those who have months for an appointment at a vet- This Veterans Day is even more sol- answered the Nation’s call to arms in erans medical clinic or to shoulder ex- emn and thoughtful for all Americans the past and those who defend us cessive fees because of a quirk in the for we are a nation at war. Americans around a very dangerous world today. formula that funds VA health care. are fully aware that hundreds of thou- Today we are reminded of where we That is why I introduced legislation sands of their neighbors, son and have been as a nation, and upon whose to make VA healthcare funding fairer daughters, husbands and wives, fathers sacrifice we have become what we are. by accounting for the distinct financial and mothers are in harms way around Let us rededicate ourselves to free- challenges confronting veterans and the globe. Americans are fully aware dom and justice and peace—and the healthcare providers in different parts that over four hundred service mem- sacrifice of those men and women of the country. bers have lost and continue to risk whose service will deliver and preserve This legislation, S. 1014, would re- their lives in Iraq and Afghanistan them for America and our friends place the national income threshold for while over 2,400 more have been wound- around the world. For this we are a classification as a low-income vet- ed or injured. All Americans share the stronger people, a stronger nation, and eran—currently $24,000 for all parts of pain and sense of loss for those killed a stronger community. the country—with regional thresholds and those suffering from wounds. And Let us pray for the safety of our men defined by the Department of Housing Americans recognize and are ready for and women in uniform past and and Urban Development. the many sacrifices that lie ahead. We present, and let us pray for the comfort This adjustment would help low-in- are a resolute people determined to de- of their loved ones. come veterans across the country af- fend our liberty and bring peace and Ms. COLLINS. Mr. President, once ford quality health care and help en- justice to a dangerous world. This de- again we find our young men and sure that Veterans Integrated Service termination is evident throughout our women in harm’s way in a foreign land. Networks, VISN’s, receive adequate Army, Navy, Air Force, Marines, and As they have so many times in our his- funding to care for their distinct vet- Coast Guard. tory, Americans in uniform carry the eran populations. I saw it myself when I visited soldiers torch of freedom in their hands and the In thinking about our veterans, we of the Florida National Guard’s 124th promise of peace in their hearts as they must also consider the brave men and Infantry in Baghdad last summer. They face those who would rule by tyranny women fighting for us now in Iraq and are tough, well-trained, devoted citizen and violence. On this Veterans Day, I in Afghanistan and elsewhere. soldiers demonstrating their profes- rise not only to commend our veterans As we honor their service, we must sionalism every day on the dangerous but also to recognize the men and never forget what we owe them—now streets of a city that still quakes with women of the State of Maine engaged and when they return. war. These great soldiers are worthy of on the front lines in the Global War on With so many Guard men and women their legacy; they are worthy of our ad- Terrorism. and Reservists serving, it is critical miration and gratitude. Maine is well represented by young that we extend to them the benefits We must be worthy of them and keep men and women serving on active duty they deserve. the Nation’s promises to them-our in our Army, Navy, Air Force, Marines, One benefit for which we have had to promise to attend to their welfare and and Coast Guard. Since September 11, fight is the extension of TRICARE cov- the welfare of their families. 2001, citizen-soldiers from across the erage to all reservists. We have suc- As Abraham Lincoln instructed us, State of Maine from all Reserve and ceeded in getting this critical benefit ours is an obligation to, ‘‘to care for Guard components have closed ranks for a year. We will, therefore, be revis- him who shall have borne the battle, with those on active duty to protect iting this issue next year. I and like- and for his widow, and for his orphan.’’ our shores and secure our future. minded colleagues remain advocates of Too often we fall short on this care. We The men and women from Maine extending such coverage to reservists. must meet this obligation with the have left homes, jobs, and loved ones to As we asked our young citizens in the same sense of determination and honor answer the call to duty. Senior Master past, we are again today asking them as our veterans’ service is always ren- Sergeant Stephen Valley is among to do extraordinary things, and we dered. them. Steve, who hails from need to see that they have the proper We have underfunded our veterans Millinocket, ME, left the active Air care and assistance when they come health care system and the backlog of Force in 1994 after nearly eighteen home. There is no excuse for failing claims remains unacceptably high. years of service. In 1998, he joined the them. This is not right. Air Force Reserve, and despite family We all remember that Veterans Day We have partially eliminated the dis- challenges, including a father sick with began as a commemoration of the Ar- abled veterans tax, or Concurrent Re- Parkinson’s disease, stepped forward mistice which ended World War I, a ceipt, but only for one-third of those and mobilized in November of 2001. catastrophic event which this body de- entitled to both their retired pay and Steve served nearly continously in the scribed as ‘‘the most destructive, san- disability compensation. We have cre- Middle East since then, including duty guinary and far reaching war in human ated among our retired veterans the in Iraq and Afghanistan, until he re- annals’’ to that point. ‘‘haves’’ and ‘‘have-nots’’ and this is tired from active service on November We pause and remember, and we simply not right. They are all worthy 1. He is a man of courage and char- again commit ourselves to honor and and deserve to have what they have acter. He represents the best we offer to stand by the veterans of the Great been promised now without delay. to a world longing for freedom and War and of all America’s wars, past and We have done nothing to improve our peace. present. systems for caring for the survivors of Mainers are deployed around the Mr. NELSON of Florida. Mr. Presi- veterans or retirees, especially those globe. Nearly twenty-five percent of dent, I am proud to come to the floor of that were 100 percent disabled. The De- the Maine Army National Guard is on the Senate and join in solemn tribute partment of Defense Survivor Benefits alert, mobilized, or deployed. Maine to the millions of American men and Plan remains uncorrected for offsets National Guard soldiers are guarding women who have protected our freedom based on benefits from Social Security prisoners at Guantanamo Naval Sta- over the long history of our Republic. and Dependency and Indemnity Com- tion in Cuba. Soldiers of Company E, Every American knows it is part of pensation—reductions in income in 120th Aviation of Bangor are control- our national character to pay tribute amounts and at times that widows ling air traffic in Afghanistan. Mem- to the service of those who have worn often can least afford. bers of the 112th Air Ambulance Unit

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.136 S11PT1 S14394 CONGRESSIONAL RECORD — SENATE November 11, 2003 from Bangor are performing medivac face the challenges of daily living as the war to preserve this Nation. I will missions in Iraq. Soldiers of the 11-36 they suffer from the separation and close with the words of Abraham Lin- Transportation Company from Bangor from the relentless worry. The news of coln: and Sanford are moving supplies across any casualty strikes a chilling chord in I feel how weak and fruitless must be any Iraq and Kuwait. Soldiers from the 94th their hearts. Every death, every injury, words of mine which should attempt to be- Military Police Company of Maine and is a blow to them as they wait, and guile you from the grief of a loss so over- New Hampshire are performing police hope, and pray. whelming. But I cannot refrain from ten- missions across Iraq and are helping to In September, I met with family dering you the consolation that may be members of the deployed soldiers of the found in the thanks of the Republic they train Iraqi forces to assume security died to save. responsibilities. 94th Military Police company. These I pray that our Heavenly Father may as- This past summer, I went to Iraq. I families have had to endure two ex- suage the anguish of your bereavement, and met hundreds of American and British tended deployments in three years: the leave you only the cherished memory of the troops. I saw people from Maine per- 94th conducted a peacekeeping rotation loved and lost, and the solemn pride that forming key roles in rebuilding the to Bosnia that ended in 2001; in 2002, must be yours to have laid so costly a sac- country after the fall of Saddam Hus- the 94th was called to arms again and rifice upon the altar of freedom. sein’s brutal regime. In the city of is performing admirably in Iraq. The Mr. ROCKEFELLER. Mr. President, Kirkuk, I ate lunch with five service soldiers of the 94th are proud and pro- today, I had hoped to be in Sutton, WV members from Maine—Specialist Greg- fessional and committed to getting the to fully celebrate Veterans Day with ory Norster of Phillips, Chief Warrant job done. Their families bear the bur- West Virginia veterans and their fami- Officer Brian Mucci of Shapleigh, Spe- den of absence and uncertainty. Among lies. Since the Senate is in session, I cialist Wayne Goodrich from Oakland, them was Penny Mills, wife of Sergeant must be in Washington, but I do want Specialist Erin Maynard from Curtis Mills of Shapleigh, ME. to recognize some of our Nation’s fin- Washburn, and Senior Airman Bill Just one week later, soldiers of the est men and women who have served to Spreng from Ellsworth. The contribu- 94th were ambushed in Iraq. Two were protect that which we hold most dear, tions of Mainers to bring freedom to severely wounded: Specialist Chris- our very freedom. the people of Iraq make me very proud. topher Kotch of Brunswick and Ser- Last weekend, I was in West Virginia The courage and commitment of the geant Curtis Mills. Soon after, I visited and I had the chance to talk with American and other coalition troops them at Walter Reed Army Medical Army Sergeant Jared Welker of Put- were strikingly clear during my visit. Center. There was Penny, standing by nam County. Sergeant Welker is a tank By night, many of the soldiers conduct her husband. We had no idea we would gunner who saw considerable action in raids on pockets of resistance; by day, meet again—not so soon, not under Iraq, and who has just recently re- they renovate schools, rebuild roads those circumstances. Sergeant Mills, turned home. I had the privilege to and utilities, and help Iraqis take their with the support of his wife and family, spend a few hours with this young sol- first steps toward democracy. Despite is recovering well. After reconstructive dier. Hearing about the war in Iraq the continuing danger, the harsh living surgery and extensive physical ther- from his point of view, a young man conditions, and the oppressive heat, apy, he will one day return to work as serving in a tank division entering morale among the soldiers and Marines a letter carrier. Specialist Kotch, after Baghdad, made me very proud of the I met was high. Army Sergeant Mi- his recovery, will likely return to col- men and women serving in the mili- chael Levesque of Winslow put it best lege and a life of possibility and prom- tary—where ever they are stationed. when he told me how proud he was to ise. Sergeant Welker’s description of his have ‘‘helped to give the Iraqi people a In times of peace and in times of days in Iraq will stay with me. His precious gift: their freedom.’’ In trial, we rely on our young men and courage and his commitment to duty Kirkuk, where I met Michael, morale women to step forward for our defense. are truly inspiring. was particularly high because the The citizens of Maine have answered And it is also a sobering reminder of Iraqis there are so grateful. Every- the call. America’s first casualty in the the obligations that we in Congress where we went in this city south of the War on Terrorism was Master SGT have to fully support our troops in the Kurdish section, local citizens waved Evander Earl Andrews of Solon, ME, field, and at home, and as veterans and called out ‘‘thank you, America!’’ who lost his life in Qatar on October 10, later in their lives. By contrast, conditions—both in July 2001. Today, in Litchfield, ME, a father On Veterans Day, we should take and today—remain hostile in and grieves for his daughter, Army Warrant time to pay our respect to those who around Baghdad. Our troops face near Officer Sharon Swartworth, who mirac- put their lives on the line and sac- daily ambushes and sniper attacks. The ulously survived the attack on the rificed in our defense. We have a duty fighting goes on for many of our troops Pentagon two years ago but who did to honor all veterans in both word and who must contend with the threat of not survive an attack on a Black Hawk deed. rocket-propelled grenades, improvised helicopter in Iraq last Friday. These We honor them by remembering their explosive devices, and rogue gunmen. are but two of the soldiers who died not courage, their loyalty, and their love of Of all the places I have visited as a just in the service of their country, but country. My State has one of the member of the Senate Armed Services also in the service of mankind. They strongest traditions of military serv- Committee, including Afghanistan, did so on behalf of millions of people ice, and I could not be more proud of Bosnia, Kosovo, and Korea, nowhere they did not know—innocent Iraqis, Af- that. When the call has come to defend have I found the challenges more dif- ghans, and Americans who died on 9–11, this Nation, West Virginians have an- ficult and the dangers more present and all peace-loving people everywhere. swered in great numbers. In a State as than in Iraq. In the end, the commit- Our service members and veterans— patriotic as our Mountain State, re- ment of the Iraqi people will determine whether they served in World War I or minders of our veterans, heroes and whether Iraq will prosper in peace and II, Korea, Vietnam, Haiti, Kosovo, Bos- heroines, are everywhere. They stand freedom, or succumb to a violent mi- nia, Kuwait, or now in Afghanistan or as a reminder of the battles fought de- nority bent on division, destruction, Iraq—share a common bond: their uni- fending the principles of democracy. and domination. The dedicated young form is not that of a conqueror, but of Understanding the sense of patriot- men and women serving in uniform, a liberator. We can never fully pay the ism of the people of West Virginia is from Maine and from all over America, debt we owe those who put their lives what caused me to seek a seat on the are giving the Iraqi people the oppor- on the line to advance the cause of Senate Committee on Veterans’ Affairs tunity to seize what all humanity de- freedom. the day I arrived in the Senate 19 years sires and deserves. Nor can we repay the debt we owe ago. Joining the committee was one of On this day set aside to honor sac- those families and loved ones they the best decisions I ever made. rifice, we must also honor the sac- leave behind. The enormity of that These last few weeks in Congress rifices made by the spouses, parents, debt was best summed up one-hundred have been extremely important ones children and other loved ones of our thirty-nine years ago in a President’s for our Nation=s veterans. One of the troops. The families left behind must letter to a mother who lost five sons in most important issues of concern today

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.039 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14395 is the President’s budget request for Sergeant Welker, and the more than protect the American people, defend the Department of Veterans Affairs for 100,000 brave men and women serving national security, preserve freedom fiscal year 2004. Everything provided by today, are the heroes of Iraq. and safeguard our way of life. VA will be a direct result of the pro- Today, we honor all our young men This Veterans Day, let’s remember posed budget now before Congress. Re- and women who have paid the ultimate the patriots who are putting their lives grettably, the President’s budget re- sacrifice for freedom, and all those who on hold while they put their lives on quest for VA health care for fiscal year have served in our military. We need to the line. Their sacrifices guarantee 2004 will barely cover the cost of infla- remember to stand proud when we see America’s promise for generations to tion at our VA Medical Centers, but the American flag waving high in the come. Hundreds of thousands of Ameri- there is still time to fix those mis- air, and nod our heads in respect when cans have paid the ultimate sacrifice placed priorities. we pass by a veterans’ cemetery. We while serving in the Armed Forces. Full funding is needed for a health need to remember that behind each of Their irreplaceable loss of life reminds care system that is besieged with re- these symbols of America are the peo- us that freedom isn’t free. sponsibilities. I am fighting, along with ple who have made them so remark- It is important for younger genera- a number of my Senate colleagues, to able—our Nation’s veterans. tions to appreciate the service and sac- get an additional $1.8 billion appro- Mr. GRASSLEY. Mr. President, I rise rifice made by those serving their priated for VA health care before Con- to honor this day and the men and country. Awareness and appreciation gress recesses this year. women for whom it was established. On for veterans has decreased in recent In addition to our veterans who de- the eleventh hour of the eleventh day times as fewer individuals and families pend upon VA for their health care and of the eleventh month of 1918, the ar- in America have a personal connection prescription drugs today, current law mistice was signed ending the first with the Armed Forces. allows members of the military, who modern global conflict. serve during an armed conflict, to use Now that family members, friends, World War I was an exceptionally neighbors, and other fellow citizens are VA upon their return. This includes bloody conflict that required tremen- currently deployed Reservists and Na- again putting themselves in harm’s dous sacrifices. It was therefore appro- way in service to their country, I hope tional Guardsmen, who are such a big priate for President Wilson to establish part of West Virginia’s contribution to all Americans will take the oppor- Armistice Day as a time to recognize tunity this Veterans Day to remember our war effort. The system must be those who served in that war. adequately funded for all these vet- and honor all veterans, to whom we Unfortunately, the hope for a new, owe our freedom. erans. more peaceful world after the Great Today I salute the patriotism, cour- Another critical issue of concern con- War was shattered as we found our- age, and sacrifice of all American vet- tinues to be long-term care for vet- selves embroiled in a life or death erans who have answered their coun- erans. As our veteran population grows struggle against tyranny. Americans try’s call in times of need. older, VA must make sure that it can again rose to the challenge. Over meet the need for long-term care. A 405,000 American soldiers lost their Mr. LEAHY. Mr. President, as I was bill I introduced earlier this year ex- lives and over 671,000 were wounded. watching the sunrise this morning, I tending, for five years, the congres- That’s over three times the casualties thought of the men and women cur- sional mandate requiring VA to pro- of World War I. Still, the bravery and rently serving in Iraq and Afghanistan, vide long-term care for veterans sacrifice of our men and women in uni- and our Nation’s veterans of past wars. through both nursing homes and com- form showed the world the extent to Today, we must remember those who munity-based options still has poten- which the United States of America have sacrificed to defend the freedoms tial to be enacted this year. This is ex- was prepared to go to preserve liberty. and ideals all Americans enjoy. In our tremely important legislation, and I Then, after our soldiers and sailors thoughts are not just the proud Ameri- will continue to push until this become were called upon again to fight aggres- cans who are fighting in Iraq and Af- law. If I cannot convince my colleagues sion in Korea, it became evident that it ghanistan today, nor just the members to act this year, I will be right back was necessary to set aside a day to rec- of the ‘‘Greatest Generation’’ who next year fighting for it until it is ognize all American veterans. To en- fought in World War II. We think about done. courage Americans to pay respects to those who lost their lives or served in I was thrilled to be in Clarksburg last all those who have served in America’s the extended Cold War, the Korean month for the ground breaking of our Armed Forces, President Eisenhower War, Vietnam or who gave their lives new State veterans’ home, which will signed into law a proclamation in 1954 in some of the less-known engagements be built adjacent to the Clarksburg VA changing the name of the November 11 across the globe aimed at preserving Medical Center. I have worked closely holiday to Veterans Day. our country and preserving basic with both State and Federal officials Today, we thank all those who have human rights throughout the world. on this project over the last several risked life and limb in service to their Of course, most in our minds right years, and I am very proud of everyone country, including those who served in now are 130,000 men and women serving who has been involved in making this Vietnam and the Persian Gulf war, as in Iraq. Over 30,000 of these troops are much needed nursing home a reality. It well as Somalia, Bosnia, Kosovo, and reservists who left their civilian jobs is time that West Virginia had a State other smaller conflicts. It is particu- and families to serve in Iraq with pride veterans’ nursing home. larly appropriate today to pay tribute and determination. Whether Active- In closing, I would like to read a to the new generation of veterans who Duty soldiers or Reserves, every single paragraph from a letter found in the are serving their country so bravely in person in the military is there because gear of a 20-year-old boy from Beckley the global war on terrorism. they want to be there, and we owe serving during World War II. I think it Americans have never hesitated to them a special kind of gratitude for is appropriate on this Veterans Day. answer the call of duty and this gen- their service. Private First Class Walter Walker eration is no exception. America con- Today we should not just think about was killed in battle in 1944 and he had tinues to owe an immeasurable debt of our veterans, but also address policies written a letter to be delivered to his gratitude to the brave men and women that will directly address their needs, parents in case of his death. who respond to the call of duty. Fol- whether they are still in the service or He wrote: lowing in the footsteps of those who after they have returned. We must Frankly I think I will come back, but you served in the 20th century, our men and come together as a Senate to ensure never can tell what little accident will hap- that we honor that unspoken social pen. I am doing this for my country and peo- women in uniform are living up to a ple I love. So that little children may grow heritage of service, loyalty, honor, sac- contract with our active troops, guar- up to be free and not have to take orders rifice, and patriotism passed down for anteeing superb quality-of-life pro- from devils like Hitler and Tojo. I will gladly generations. grams exist for our active service give my life to keep you and dad free as long Members of the active duty military, members and their families and that as you may live. National Guard, and Reserves selflessly they will never become forgotten sol- Private Walker was a hero of WWII. put their country first. They serve to diers of history.

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.138 S11PT1 S14396 CONGRESSIONAL RECORD — SENATE November 11, 2003 Let’s come behind our citizen sol- clothing. Mike got himself a piece of Time and again, our Nation has diers of the Guard and Reserve to en- white cloth and a piece of red cloth and called its sons and daughters to put sure they and their families are as fashioned himself a bamboo needle. themselves in harm’s way, and many healthy as possible. And, above all, Over a period of a couple, of months, he bear the scars of battle forever. Despite let’s make sure our veterans have a sewed the American flag on the inside the rhetoric of praise that we hear flourishing medical program to ensure of his shirt. again and again, too often when their they receive the high-quality care they Every afternoon, before we had a service ends, these veterans are forgot- deserve. bowl of soup, we would hang Mike’s ten, except on Veterans Day. We have On this time-honored day, we express shirt on the wall or our cell, and say consistently underfunded the veterans’ our gratitude to our veterans, we re- the Pledge of Allegiance. I know that health care system. The Veterans’ Ad- member their courage and dedication, saying the Pledge of Allegiance may ministration is now preparing plans to and we act to make up a small part of not seem the most important or mean- close veterans’ hospitals in New Eng- the large debt we owe them. ingful part of our day now, but I can land and across the Nation. They op- Mr. MCCAIN. Mr. President, today I assure you that—for those men in the pose allowing disabled veterans to re- wish to pay my respects to my fellow stark prison cell—it was indeed the ceive disability benefits if they also re- veterans. It is only through the leader- most important and meaningful event ceive military retirement compensa- ship, dedication and sacrifice of our of our day. tion. men and women in uniform, that we Our day, the Vietnamese searched As troops continue to serve in Iraq, are able to enjoy the freedoms that our cell and discovered Mike’s shirt we need to make sure we can take care being an American entails. with the flag sewn inside, and removed of them and their families, especially No matter what your views on the it. That evening they returned, opened when they return home. We have a sol- war on terror or the war in Iraq, all the door of the cell, called for Mike emn responsibility to those who are Americans can unite behind our brave Christian to come out, closed the door willing to sacrifice so much. We do men and women in uniform. These fine of the cell, and for the benefit of all of them a grave injustice when they re- Americans have truly answered our Na- us, beat Mike Christian severely for turn home to be cast aside. Today, tens tion’s highest calling and we are better the next couple of hours. of thousands of newly discharged vet- off for it. Today is a day to give thanks Then they opened the door of the cell erans are unemployed. National Guard to these heroes. and threw him back inside. He was not and Reserve soldiers face lower wages On Veterans Day, I like to share the in good shape. We tried to comfort and and possible job loss while they are de- story of one of my heroes during my take care of him as well as we could. ployed. The Uniformed Services Em- service, Mike Christian. I have shared The cell in which we lived had a con- ployment and Reemployment Rights his story before and it has become fa- crete slab in the middle on which we Act, USERRA, protects soldiers from miliar to many, yet it bears repeating. slept. Four naked light bulbs in each employment discrimination, but serv- This year, as Americans serve across corner of the room. ice members can have difficulty enforc- the globe in important battles against After things quieted down, I went to ing their rights. error and tyranny, Mike Christian’s lie down to go to sleep. As I did, I hap- We can’t have any more situations story takes on even more meaning. In pened to look in the corner of the like the one at Fort Stewart, where the same manner as service in Viet- room. Sitting there beneath that dim Guard and Reserve troops were housed nam, a new generation of heroes is light bulb, with a piece of white cloth, in deplorable accommodations, with emerging in Iraq. a piece of red cloth, another shirt and unacceptable access to health care and In the early years of our imprison- his bamboo needle, was my friend, needed services to heal their injuries. ment in Hanoi, the North Vietnamese Mike Christian. Sitting there, with his Such neglect is no way for a grateful kept us in solitary confinement, or if eyes almost shut from his beating, Nation to honor its armed services. We we were fortunate, two or three to a making another American Flag. He can and we must do better. cell. In 1971, the North Vietnamese was not making the flag because it For generations, we have honored our moved us from these conditions of iso- made Mike Christian feel better. He fallen veterans on November 11 each lation into large cells with as many as was making the flag because he knew year. The Armistice Agreement that 30 to 40 men to a room. This was, as how important it was for us to be able ended the First World War was signed you can imagine, a wonderful chance. to pledge our allegiance to our flag and on this historic day in 1918—the elev- And was a direct result of the efforts of country. enth hour of the eleventh day of the millions of Americans, led by people Duty, Honor, Country. We must eleventh month that year. Many of like Nancy and Ronald Reagan, on be- never forget the millions of Americans those we honor today have fallen in half of a few hundreds POWs, 20,000 who, with their courage, with their battle in Iraq. miles from home. sacrifice, and with their lives, made Last week, I attended the funeral One of the men who moved into my those words live for all of us. service of a Massachusetts soldier who cell was Mike Christian. Mike came This year, as we pause to remember gave his life in combat there and was from a small town near Selma, AL. He those men and women currently serv- laid to rest in Arlington National Cem- didn’t wear a pair of shoes until he was ing their country, as well as our family etery. It was a beautiful fall day and 13 years old. At 17, he enlisted in the and friends who serve before us, we the military ceremony was conducted U.S. Navy. He later earned a commis- need to remember the sacrifices of peo- with solemn dignity and utmost rev- sion. He became a naval aviator, was ple like Mike Christian who made this erence. It was a very moving moment shot down and captured in 1967. Mike Nation what it is today. to be there with his family and friends had a keen and deep appreciation for Mr. KENNEDY. Mr. President, Amer- and veterans of his unit. His parents the opportunities this county—and our ica today has the most powerful, most have lost a son, and the Nation has lost military—provide for people who want capable and best-equipped military in a hero. As the bugler played taps, and to work and want to succeed. the history of the world. But none of the sounds of the rifle volleys from a The uniforms we wore in prison con- this would be possible without the final salute faded across the Arlington sisted of a blue short-sleeved shirt, brave men and women who volunteer hills, it was moving to see that the vet- trousers that looked like pajama trou- to serve in the Armed Forces, who ac- erans there had also lost a brother, al- sers and rubber sandals that were made cept any challenge and face any danger though none of them knew the fallen out of automobile tires. I recommend to protect their country on battlefields soldier personally. The brave para- them highly; one pair lasted my entire around the world. Each of them is a trooper who had tried to carry his stay. volunteer—no conscription, no draft. dying comrade to safety during the at- As part of the change in treatment, They have a genuine desire to serve, tack was also there. His silent presence the Vietnamese allowed some prisoners and they do so with great sacrifice spoke volumes about the valor and to receive packages from home. In with great honor, great courage, great dedication that our service members some of these packages were hand- commitment, and often with great sac- give to our Nation every day, and have kerchiefs, scarves, and other items of rifice. given us throughout our history ever

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.140 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14397 since that day at Concord Bridge, when publicly recognize their sacrifices and our promise to America’s veterans. So the embattled farmers stood and fired contributions. It is up to use to make what can we do about it? the shot heard ’round the world. sure that they get the recognition they Simply put, we need to make vet- On Veterans Day 2003, we thank our have earned—and not just on Veterans erans services a priority once again. veterans. We remember those who have Day. It is one of the reasons why a few No. 1, to cut down on the long waits given the last full measure of devotion years ago I worked to ensure that all that veterans endure; to help expedite to our country, and we affirm our sup- veterans could get the military funeral claims; and to avoid higher fees and co- port for all who now wear the uniforms honors. My father had them, and they payments. We need to increase funding of our armed forces. We give thanks to meant a great deal to our family. for veterans services. all who have served America so well in I was proud to introduce legislation To end the annual appropriations years gone by, and to all the brave men and to work with the VA and veterans game, we should make VA healthcare and women serving now in the ongoing service organizations to ensure that funding mandatory. That is why I sup- war against terrorism. And we pledge, any family that requests military fu- port the Veterans’ Health Care Fund- in words that too often pass and are neral honors can get them. ing Guarantee Act. It would make vet- soon forgotten, to do a better job of In addition to my own family experi- erans’ healthcare an automatic pri- meeting our responsibility to them ences, when I was a senior in college at ority for our Nation. every day, not just on each November Washington State University, I spent a The VFW, AMVETS, the Disabled 11. May God give us the strength to semester interning at the Seattle Vet- American Veterans and many other make each day a Veterans Day. erans Hospital, helping to treat young veterans groups strongly support this The PRESIDING OFFICER. Who soldiers returning from Vietnam. They bill. yields time? were my age at the time. I will never We must also make sure that the De- The Senator from Washington. forget the sound of the door locking be- partment of Veterans Affairs does not Mrs. MURRAY. Mr. President, I ask hind me after walking on to the hos- close critical medical facilities at a unanimous consent to add five addi- pital’s psychiatric ward to spend the time when more are seeking VA tional minutes on each side. day with these heroes. While these healthcare. The PRESIDING OFFICER. Without combat veterans were my age, they had In addition, we must end the disabled objection, it is so ordered. endured experiences most of us could veterans tax and ensure that veterans Mrs. MURRAY. Mr. President, on never imagine. are not penalized just because they re- this Veterans Day, I want to share a Today, as I see an administration ceive disability pay. few ideas about the meaning this day that is considering closing veterans I am proud to be a cosponsor of a holds for my family and for thousands hospitals in Washington State—even as plan that would authorize full payment of families throughout Washington today’s veterans have to wait 6 months of both retirement pay and disability State. just to see a doctor, and as the war in compensation to half a million disabled Today is a day to honor the sacrifices Iraq adds to the number of veterans military retirees. And unlike other that generations of Americans have who will need medical care—I get proposals, our plan would take effect made to defend our country and to sup- upset, and I fight with everything I immediately, instead of over 10 years. And finally, we have to do right by port freedom throughout the world. It have. Our veterans have already fought today’s veterans and by tomorrow’s is a day to reflect on the courage and for our country, they should not have veterans. The brave men and women bravery of our soldiers. And it is made to fight to get the healthcare or bene- who are serving in Iraq and Afghani- even more special as we think of all fits they were promised, so we’ve got to stan today will need our help when our military personnel who are de- fight on their behalf. ployed in Iraq, Afghanistan and other Today we must ask, Are we keeping they return home. How we treat them hostile environments. But it is much our promise to America’s veterans? will send a signal to a generation of more than that. Here are some facts to help us answer young people who may be considering It is a day to make sure that we are that question. military service. We have to keep our promise today living up to the promise we make to all Fact: Right now, 80,000 veterans are and tomorrow. veterans—a promise that President waiting 6 months or longer for an ap- So while we are currently coming up Lincoln described as: pointment at VA hospitals. short, I am going to keep pushing for . . . to care for him who shall have borne the Fact: For the past 2 years, an average the solutions that will truly serve our battle, and for his widow and his orphan. of 14,000 veterans have been waiting veterans. America’s veterans have Today throughout Washington State, more than 15 months for their ‘‘expe- earned our respect, and they have people are coming together to honor dited’’ disability claims to be finalized. earned the benefits they were promised our veterans at places such as the Fact: Veterans could face new fees when they signed up. They should not Tahoma National Cemetery, the Wash- and higher co-payments—just to get have to fight for the care and support ington Veterans Home, and in commu- the healthcare they are already enti- they were promised. nities large and small. Washington tled to. On this day—and every day that I am State is home to almost 700,000 vet- Fact: Each year in Congress there is given the honor of representing them— erans, and every day I am honored to a debate over how much money we I will stand up and fight for Washing- represent them in the United States should spend on veterans’ healthcare. ton’s veterans and the freedom and se- Senate. Too often, our veterans lose out to curity they have given us through Growing up, I saw firsthand the many other budget priorities. their sacrifices in war and peace. ways that military service can affect Fact: Disabled veterans pay a high I hope we keep our promise. both veterans and their families. penalty through what is called the Thank you, Mr. President, I yield the My father served in World War II. He ‘‘Disabled Veterans Tax.’’ They must floor. was among the first soldiers to land on give up a dollar of their pension for The PRESIDING OFFICER. Who Okinawa. He came home as a disabled every dollar of disability pay they re- yields time? veteran and was awarded the Purple ceive. Mr. PRYOR. Mr. President, how Heart. I should note that, like many Fact: The VA is looking to ‘‘recon- much time remains on the Democratic soldiers of his generation, my father figure’’ veterans’ health care and is side? did not talk about his experiences dur- now studying the closure of two VA fa- The PRESIDING OFFICER. Sixteen ing the war. In fact, we only really cilities in Washington State. minutes 30 seconds. learned about them by reading his And finally, the war in Iraq—and the Mr. PRYOR. Mr. President, I ask journals after he passed away. tremendous toll it is taking on our unanimous consent to speak for 10 min- And I think that experience offers a soliders—is increasing the number of utes. larger lesson about veterans in general. veterans who will need medical care for The PRESIDING OFFICER. Without They are reluctant to call attention to years down the road. objection, it is so ordered. their service, and they are reluctant to Those are all facts. To me, they show Mr. PRYOR. Mr. President, I rise ask for help. That’s why we have to that we are coming up short in keeping today in honor of Veterans Day, our

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.036 S11PT1 S14398 CONGRESSIONAL RECORD — SENATE November 11, 2003 national day of remembrance estab- it to his mother because he was afraid This legislation also authorizes dis- lished to solemnly honor the sacrifices she would not sign the age waiver so he abled military retirees to collect their of American men and women who have went to a neighbor woman and said: retirement pay and disability com- served in military actions in behalf of Mother hurt her hand and she cannot pensation, otherwise known as concur- our country. sign this. Can you sign this on her be- rent receipt. This measure would ben- We recognize these men and women half? She did, and he was enlisted in efit millions of Americans who have for preserving our liberty, freedoms the U.S. Army. served our country for years but have and democratic way of life. For me, as At the age of 16, he was the youngest been prohibited from receiving both re- a first-year Senator representing the soldier in his unit, probably one of the tirement compensation and VA dis- men and women of Arkansas, this is an youngest in the Army. But when it was ability benefits. especially noteworthy Veterans Day. all said and done, as he ended his mili- Correcting this inequity for our vet- Since September 11th, numerous Ar- tary career, Chick had completed 46 erans is long overdue—in fact, 110 years kansans have engaged in our battle years of military service spanning overdue. I made a promise to take care against terrorism, serving in Afghani- World War I through Vietnam. That is of our service men and women who put stan and other points abroad. This fall, truly remarkable. In addition, he their lives on the line for our country. over 3,000 men and women of Arkansas, served in four branches—the Army, This provision indicates Congress’s in- members of our 39th Infantry Brigade Navy, Coast Guard, and the Merchant tention to finally honor its word. of the Arkansas National Guard, are Marine. I am also looking forward to debating preparing to travel to Iraq in support When I talked to Chick, I was enter- the VA/HUD appropriations bill where I of Operation Iraqi Freedom. tained and captivated by his stories, have an understanding we will be look- Every day my prayers include the but most of all I was impressed by his ing to add $1.3 billion to veterans brave men and women of Arkansas who sense of duty. In fact, when I asked health care. We cannot discount the serve, and have served, in our armed him if he would recommend military importance of this funding, especially forces. I pray that every single one of service to others, he said: If they would as more veterans come home from Af- our brave Americans in uniform will let me in, I would be there tomorrow ghanistan and Iraq and the global return safely home to the loving arms morning to sign up. world on terrorism. We must ensure of their families. In addition to Chick Matthews, I rec- that the Veterans’ Administration has Sadly, many of our veterans have not ognize another veteran who is a bit the resources it needs to look after returned safely home. Many of our vet- younger, but no less committed, to his those men and women who look after erans have paid the ultimate price, sac- country and to the State of Arkansas. us. rificing their lives on the altar of free- Randy Massanelli is a native Arkansan Mostly, this Veterans Day fills me dom. We must never forget their sac- who dutifully served in the U.S. Army with a sense of security and pride be- rifices. We must never forget the cost for 15 years. While in the Army, he rose cause of my faith in the ability and of freedom paid by our veterans. to the rank of major and served in skills of our men and women in uni- As he gazed on the battlefield at Get- Desert Storm where he was awarded form. This faith nourishes my hope for tysburg in 1863, Abraham Lincoln ut- the Bronze Star. Now he serves as my a peaceful future for my children and tered, ‘‘The brave men, living and dead, State director in Little Rock. I am the children of Arkansas. who struggled here, have consecrated grateful for the knowledge, experience, I know our men and women in uni- it, above our poor power to add or de- and perspective he brings to the office form are the most capable fighting tract. The world will little note, nor as I work to do what is best, not just force on Earth. I know these individ- long remember, what we say here, but for veterans and the troops around the uals will willingly endure personal sac- it can never forget what they did country and around the world, but also rifice and danger to defend our demo- here.’’ for the people of Arkansas. cratic values, just as our veterans of I am in a similar situation today, un- I have known Randy since we were yesteryear endured personal sacrifice able to articulate anything which even both at the University of Arkansas as and danger to provide us the freedom comes close to capturing the debt of undergraduates. I thank him today. He and democracy we enjoy today. I know gratitude each and every one of us has shown me time and time again our Armed Forces will be victorious in owes our veterans. No words can cap- what true devotion to his country real- their mission. ture my gratitude, or the gratitude of ly is. I am lucky to have him on my On this Veterans Day, I extend my Arkansas, towards our veterans. team and I am proud to call him a gratitude and the gratitude of every Yet, as I mentioned, Veterans Day is friend. I honor him today as a great Arkansan to our veterans and their a day of remembrance. This is a day to veteran. families. honor and remember those who have Last, I want to recognize another I yield the floor. served in our armed service. Last week, veteran on my staff, Wayne Palmer, The PRESIDING OFFICER. Who I had the distinct pleasure and unique who also served in Desert Storm. yields time? opportunity to talk with Johnie Wayne is a tremendous asset to my of- The Senator from Texas. ‘‘Chick’’ Matthews. Chick, at 102 years fice. I thank him for his service to our Mrs. HUTCHISON. Mr. President, I old, is Arkansas’s oldest living veteran. country. ask what the allocation of time is. Mr. Johnie ‘‘Chick’’ Matthews, a resi- Arkansans throughout the years have The PRESIDING OFFICER. There dent of Greenbrier, Arkansas, first an- followed Chick’s, Wayne’s, and Randy’s are 7 minutes 54 seconds on the Demo- swered the call to duty to serve this lead. I am proud to boast about my cratic side and 5 minutes on the Repub- country in 1917. That was 86 years ago. State’s tradition of military service. lican side. He was given the nickname Chick be- As veterans continue to risk life and Mrs. HUTCHISON. Mr. President, let cause he enlisted into the United limb for us, I will work as hard as I can me ask the Democratic Senator in the States Army when he was only 16 years to make sure they are taken care of be- Chamber if that is enough time for old. He was the youngest at his train- fore, during, and after their mission is them to finish. We need to be through ing facility at Camp Pike, AR. completed. at 12:15. His mother was a widow with mouths In the coming days, we will vote on Mr. LAUTENBERG. Mr. President, I to feed and he realized that he needed the Defense authorization conference thank the Senator from Texas for mak- to help shoulder the financial respon- report. As a conferee, I was proud to ing the inquiry. The fact is I need sibilities of caring for his mother and work on this legislation, which in- about 10 minutes and the Senator from brothers. cludes a 3.7 percent across-the-board North Dakota needs 5 minutes. If that He went to Little Rock to enlist in military pay increase, expands could be accommodated on an equal ex- the Army. He lied about his age. The TRICARE coverage for the Guard and change basis, I suggest we ask unani- recruiter said: We are not sure we be- Reserve personnel and their families, mous consent to do so. lieve you, so go home and get your and provides benefits and programs to Mrs. HUTCHISON. How much more mother to sign this document. When he improve the overall quality of the pay would that extend the time on the went back home, he was scared to take for our service men and women. other side? How much more time would

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.019 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14399 that give us if we equally divided that, icopter was shot down are: Daniel A. Since the founding of our country, our 5 minutes plus the extra? Bader, Ernest G. Bucklew, Steven D. nearly 50 million men and women have The PRESIDING OFFICER. That Conover, Anthony D. D’Agostino, Paul answered the call of duty. There are would be an extra 8 minutes on the F. Fisher, Darius T. Jennings, Karina about 25 million veterans alive today. Democratic side and a total of 28 min- S. Lau, Keelan L. Moss, Brian H. Right now, we have 130,000 troops in utes. Penisten, Ross A. Pennanen, Brian D. Iraq, another 10,000 in Kuwait, and Mr. SPECTER. Mr. President, if this Slavenas, Bruce A. Smith, Frances M. 10,000 in Afghanistan. Other Americans is a unanimous consent request for Vega, Paul Anthony Velazquez, and are serving in South Korea, in Bosnia more time, I would like to accommo- Joe N. Wilson. and Kosovo, and in every other corner date my colleagues. I have come to the We salute their bravery and their of the globe. floor with the expectation to speak at courage and their sacrifice. We owe our veterans and the brave noon, which it is now, on the Syria Ac- Sergeant Perez was on that heli- young men and women who currently countability Act, and actually I had copter because he had been granted serve in our military more than we can some time on veterans as well. I have leave to come home to celebrate his calculate. It is very tough duty. I know other commitments, such as, to go to third wedding anniversary. And now he that from personal experience. That is the White House for the bill signing has come home, in a flag-draped cas- why I deeply regret that the Senate is ceremony with the President. ket. Yesterday was his third anniver- in session today. I do not ever recall So I am glad to accommodate my sary and his funeral. He was 25 years the Senate being in session on Vet- colleagues, but if it is going to run for old. He leaves behind his wife Milagros, erans Day before. Frankly, I think it is 28 more minutes, that is going to pre- an infant daughter Jaileen, his mother disrespectful to veterans across Amer- clude my speaking on the Syria Ac- Luisa and father Edwin, and three ica and to the veterans in this body for countability Act. brothers, Elvin, Michael, and Leo. the Senate to be in session today. Mrs. HUTCHISON. Mr. President, I As I said at the funeral yesterday, it Why are we doing it? Why are we do not think we need 28 minutes. I was is a sobering moment when you see the here? Well, we are told that we have a going to ask for 5 minutes for the Sen- reality of a life that has passed so full agenda and that we have very few ator from Alabama, which we have left quickly. All you have to do is look at days left to get our work done—work on our side. I think if you wanted—— the date of his birth—1978—and the that was supposed to be done six weeks Mr. LAUTENBERG. Fifteen. date of his death—2003—they are much ago. But how are we going to spend the Mrs. HUTCHISON. Fifteen? too close together. precious few days before we hope to ad- Mr. LAUTENBERG. Right. I appre- Sergeant Perez is the ninth New Jer- journ? We are going to take 30 hours of sey resident killed in Iraq. The other ciate the fact the Senator from Penn- that time to debate a handful of highly eight are: Army SP Simeon Hunte, who sylvania has other obligations, but this controversial judges whose nomina- was 23 years old, of Newark; Army 2LT is Veterans Day. I want to talk about tions Democrats object to. Richard Torres, who was 25 years old, veterans. I think we have that par- I feel compelled to put this chart up of Passaic; Army SFC Gladimir ticular obligation since we are here on the floor for everyone to see because Philippe, who was 37 years old, of Ro- today and we are not in our home it is kind of a scorecard that shows the selle; Army SP Kyle A. Griffin, who States, able to visit veterans, visit Clinton years and how many nominees was 20, of Emerson; Army SP Narson B. cemeteries, and talk to people about were confirmed in those years and the Sullivan, who was 21, of North Bruns- veterans. dozens of nominees who were blocked wick; Army SP Gil Mercado, who was The PRESIDING OFFICER. Is there by the Republicans. Then we can see 25, of Paterson, my home town; Army objection to the request? how many of President Bush’s nomi- SSG Terry W. Hemingway, who was 39, Mr. SPECTER. Mr. President, reserv- nees have been confirmed and how of Willingboro; and Army SP Michael ing—— many have been blocked by Democrats. Edward Curtin, who was 23, of Howell. Democrats are objecting to a total of Mrs. HUTCHISON. Mr. President, if I I feel a special kinship to these could ask a unanimous consent request young people because they were from four nominees who have neither the ex- and see if this is what people want: my State. I also feel a special kinship perience nor the temperament to be that there be 15 minutes divided on the because I am a veteran. I enlisted when confirmed to lifetime positions in the Democratic side as they wish and 5 I was 18 years old, right out of high federal judiciary. Four nominees have minutes to the Senator from Alabama, school. I served in Europe during World been blocked, 2 percent of the total. for a total of 20 minutes from now. Is War II. And we are being told that we cannot that an acceptable unanimous consent Today is Veterans Day. It has been afford the time today to be at home request to all on the floor? nearly 50 years since President Eisen- with our veterans or go to the ceme- The PRESIDING OFFICER. Is there hower signed a bill into law making teries or go to the veterans hospitals so objection? November 11 Veterans Day. that we can pay our respects to those Without objection, it is so ordered. The history of Veterans Day goes who have served or are serving this Mr. LAUTENBERG. Mr. President, I back even further, to 1918, when an ar- country. We cannot be with our vet- thank the Senator from Texas. mistice between the Allied and Central erans today because we have to spend The PRESIDING OFFICER. The Sen- Powers brought World War I to an end 30 hours starting tomorrow to talk ator from New Jersey. at the 11th hour of the 11th day of the about four nominees. Mr. LAUTENBERG. Mr. President, I 11th month. So, in all candor, I have to say that ask that I be reminded at the 9-minute On November 11, 1920, the British in- I am upset by our being here. It is not mark, if I have gotten that far, please, terred an unidentified British soldier in the question of another day’s work—we that I have 1 minute remaining. Westminster Abbey to commemorate can do the work—but that the majority I was in Newark yesterday, at our ca- the Armistice. The French interred an could not find time to permit Senators thedral there, attending the funeral of unidentified French soldier under the to be in their States with their con- SGT Joel Perez. Sergeant Perez had Arc de Triomphe in Paris. stituents, especially veterans, with the been deployed to Iraq as part of the In 1921, an American soldier’s re- families who have lost loved ones in Army’s 2nd Battalion, 5th Field Artil- mains were disinterred in France and Iraq or Afghanistan or Beirut or Viet- lery Regiment. He died on November 2 sent on the transatlantic voyage to nam or Korea or so many other places. when the Chinook helicopter he was in Washington, D.C., where they lay in When I look at the reason why we are was shot down. An article appeared in state in the Capitol Rotunda for three here today, it rings hollow, as far as I the New York Times on Sunday, and it days. Then, at 11:00 a.m. on November am concerned. I regret that we are listed the 16 soldiers, including Ser- 11, the remains of this Unknown Sol- here. This is the day we should meet geant Perez, the 16 young people who dier were buried at Arlington National with veterans groups. This is the day perished on behalf of our country, our Cemetery beneath a marble block when we remember the sacrifice that interests, our liberty. which reads, ‘‘Here rests in honored so many have made on our behalf. This The names of those who died along glory an American soldier known but is the day we ought to be thinking with Joel Perez when that Chinook hel- to God.’’ about how we respond to our need for

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.021 S11PT1 S14400 CONGRESSIONAL RECORD — SENATE November 11, 2003 additional troops in Iraq. This is the We have soldiers in the field this very MP. His brother is in Germany. He is day we ought to think about what it is day at risk, carrying out the policy of also an MP. That is the kind of great, our brave young service men and this Senate, this Congress, that we rock-solid Americans who preserve, women should come home to when they passed by over a three-fourths vote. We protect, and defend our country on a have fulfilled their duty: adequate ought to be here talking about our daily basis. I am so proud of them. health care and jobs and opportunity. country and doing some of the coun- They serve us so well. What kind of a message do we send to try’s business. Just a little over a week ago I had our veterans and to those who cur- In fact, I was in Walter Reed Hospital the burden of calling Mrs. Roxy Bell. rently serve in our military? What this morning. I had the honor to meet Her son, Aubrey Bell, 33, a sergeant kind of message do we send to the with the service men and women who with the 214th MP Company, National young men and women we are trying to have been injured, some fairly seri- Guard Company from the Alabama Na- recruit? Today is a solemn day delib- ously, in the service of their country. tional Guard, was killed in a firefight erately set aside to pay tribute to our I met with Sergeant Larry Gill who through an improvised explosive device veterans, and the Senate is in session grew up in Mobile, AL, went to Murphy in Baghdad at the Al Bayra police sta- because we have to spend a day and a High School where my daughter went. tion where he was working. Sergeant half starting tomorrow talking about I knew his father, Lieutenant James Bell was part of the 214th MP company four judges. Gill, in the Mobile police department, a from Baldwin County, AL. I had the I want the veterans across the coun- great officer. Larry Gill had a severe pleasure to visit with them when I was try and the young men and women cur- injury to his lower leg. He has been in Iraq in August. I had supper with rently in harm’s way to know they are there over a month now. It is getting them. I talked to them. They talked appreciated, to know that some of the better. He was so optimistic. It was so about patrolling the streets of Baghdad misery they are going through now is wonderful to see his wife Leah who is a with the Iraqi police who had been understood. How do you do that? Ideal- school teacher at Murphy High School, brought on, which is exactly what we ly, you do that by taking the time nec- and his two children, Sean and Ryan, need to do to stabilize that country, essary to go and greet them personally. and be able to talk with them and see bring on more Iraqi police. They were You do it by making sure veterans’ the positive attitude he had, the com- so positive, had such extraordinarily benefits are adequate. You do it by mitment to serving his country. It was good morale. I was exceedingly proud making sure the medical care will be so inspiring. Larry Gill in 1983 was a of them. It was most painful to have to there, and the educational opportuni- young Marine serving in Beirut, Leb- call and talk to his mother at the loss ties. That is the appropriate way to anon when that embassy was attacked, of her fine son who lost his life serving show our veterans that we appreciate guarding the embassy as a marine, as his country. them. We are not going to show it by he was often called upon to do. He was All of us need to remember that. We working here today when, in fact, the knocked unconscious and had to be dug have sent those young men and women veterans back home would like to see out from the rubble of the attack. He out. They are serving at our direction. us back home. was a victim of terrorism in 1983. Now They are placing their lives on the line Be that as it may, we are stuck here he comes back as part of our war on for us on a daily basis. today. So I want to take this oppor- terrorism and is injured again. We ask God’s blessing and protection tunity to say in the most heartfelt way As he said, he thought he ought to be with each one of them and that we possible that I appreciate our veterans. start collecting baseball cards rather are given the wisdom to help guide And I salute the brave young men and than Purple Hearts. That just is an ex- them in the application of their abili- women who currently serve, especially ample of his spirit. ties and their lives in an effective way. those who serve in the Reserves and At the time he was injured, he was The PRESIDING OFFICER. The Sen- the National Guard. I appreciate the part of a National Guard unit from ator from North Dakota. enormous, enormous sacrifice that Alabama, the 1165th MP company. SPC Mr. DORGAN. Mr. President, how many of them are making now that we Chris Harris and SGT Richard Barns much time remains? are asking them to serve a year or and SPC4 Jose Garcia were injured. The PRESIDING OFFICER. Six and a more at a time, taking them away I see Senator LAUTENBERG here. half minutes. from their families, their communities, SPC4 Garcia, from New Jersey, was Mr. DORGAN. Mr. President, in April and their jobs. Today reminds us of assigned to the unit. He was injured, of this year I was in Italy. I had just how much we have to be thankful and he refused to go home; said, no, he stopped at an American military ceme- for. tery about 15, 20 minutes outside of Mr. President, I yield the remainder wanted to stay with his unit, as did Florence. On a beautiful morning, the of the time we have to our friend from Specialist Harris. Both had flesh sun was shining on the graves of 5,000 North Dakota. wounds that could have caused them to Mr. DORGAN. The Senator from be removed from the theater. They American soldiers who left their Texas just inquired whether the Sen- said, no, they wanted to stay with their homes, left their families, and an- ator from Alabama might go next. I troops. That is the kind of character swered the call to serve their country understand I have 5 minutes remain- and courage we have out there today. and gave their lives during the Second ing; is that correct? It is a pleasure to see them. World War. Their final resting place is The PRESIDING OFFICER. Six and a I also visited PFC Chris Busby from now a cemetery, a beautifully kept half minutes. Valley Head, AL, a town of 600. He was military cemetery maintained by the Mr. DORGAN. I would be happy to injured in Baghdad. He was in an Battlefield Monuments Commission of have the Senator from Alabama finish uparmored Humvee. That is important our country south of Florence. his remarks which are 5 minutes. I will because we have been trying to make I was thinking of that prose that take 5 minutes, and then we will finish. sure every uparmored Humvee possible says: When the night is full of knives The PRESIDING OFFICER. The Sen- is there because it is much more resist- and the lightning is seen and the drums ator from Alabama. ant to attack than regular Humvees. are heard, the patriots are always Mr. SESSIONS. I thank the Senator His foot was out the door as he was there, ready to fight and ready to die, from North Dakota and appreciate his speaking and a mortar round hit. He if necessary, to defend their country. courtesy. I don’t think veterans are said had he not been in an uparmored Those patriots have given the ultimate going to be unhappy we are here work- Humvee, he may well have been far sacrifice all across the world in defense ing today. They might have been happy more seriously injured, if not killed. of freedom here. to see the scene yesterday when we His arm and leg which were outside the I was thinking this morning of a tele- should have been able to make progress door were both severely injured. phone call last week. I called a German on a number of things, and we had the Asking how he happened to join, he hospital in which Brandon Olson was assistant Democratic leader speaking 8 said: Well, it was after September 11. I resting. He had just been wounded in hours plus and reading from a book thought I ought to serve my country. Iraq. I called him in the hospital and I about cactus and rabbits. They might He is 20 years old. His father was called his mother. Brandon Olson’s be unhappy about that. there. His father served 7 years as an mother called him on Thursday. On

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.023 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14401 Friday he had his foot amputated. She the block or on the farm, who went all World War I veterans who were asking called him prior to surgery. When I across this world and have fought val- only for what they had been promised— talked to her, she told me her son was iantly for America’s freedom, and have their $500 bonus. In a sense, in a meta- under heavy medication. She could tell come home to live quietly among phor, I have been on my way to Wash- when she called him that he was in neighbors, never talking much about ington ever since to get my father’s pain and his voice was weak. their service to our country. bonus. I have not gotten it yet, so I am This mother told her son, lying in But that service is what has made still here and running for reelection. the German hospital: You don’t have to this the wonderful country it is. There When we honor the veterans today, talk. I just want to hear you breathe. is no place like it on Earth. There is no we ought to make note of the fact that It is a mother, concerned about her place quite as free as the United States the medical services that are available son, who left this small town of Hazen, of America, and that freedom has not to veterans are, realistically viewed, ND to answer the call of his country. been achieved without great sacrifice insufficient. We are about to take up, That is Brandon Olson. But it was also by young men and women. When Amer- in the course of the next several days, Brandon Ericson and Jason Frey, ica sends its sons and daughters to war, the appropriations bill for veterans. We young men and women, in this case when America asks its sons and daugh- are endeavoring to get an additional three North Dakotans, who lost their ters to fight, then we must resolve to $1.3 billion to help on veterans medical lives fighting in Iraq. do everything we can to make that a benefits. Finally, I believe, after some long pe- successful fight on behalf of America’s I have the honor to chair the Vet- riod, this country is reaching out to its freedom. erans Affairs Committee in the Senate. veterans and finally understanding its Today, we honor wonderful veterans Later today, I will join President Bush requirement, its obligation to say who have served this country for many at the White House for a bill-signing thank you—thank you for your sac- decades. ceremony, where we are creating addi- rifice and thank you for honoring our I yield the floor. tional veteran cemeteries across Amer- country. Mr. SPECTER. Mr. President, today, ica, so that the families of veterans can This morning in the newspaper in our Veterans Day, we honor America’s vet- be near their departed loved ones and largest city, Fargo, ND, they pointed erans. It is to serve as 85 years of rec- can pay tribute without traveling long out that: ognition after armistice was declared distances. The planeload of civilian passengers on November 11, at 11 a.m., in 1918. We At the present time, families of vet- in a metropolitan airport terminal a pay tribute to our veterans today, but erans who live in southeastern Penn- couple of weeks back who stood and I suggest to my colleagues and fellow sylvania have to travel about 100 miles cheered in unison when asked by Americans we ought to pay more trib- to Indiantown Gap, to Annville, to pay United Airlines to give up their seats ute to veterans every day. respects, where veterans are now in- on an overbooked flight and take a The first veteran I knew was my fa- terred, buried, from the southeastern later flight so that soldiers headed ther, Harry Specter, who was a veteran part of the State. After a great deal of home on 14-day leaves from Iraq could of World War I. My father had come to effort, going back about 6 years, I am get there a few hours earlier. Every the United States as an immigrant, at paying tribute to former Congressman soldier got a seat on that airplane. the age of 18, in 1911. The Czar in con- John Fox, who worked with me ini- They all got on that flight because trol of Russia at the time wanted to tially to introduce the legislation that other passengers gave up their seats. send my father, among many others, to was finally passed by both Houses of That is what is happening in this coun- Siberia. My father chose instead to Congress. JIM GERLACH is the current try today as we face danger, difficulty, come to America. He literally walked sponsor in the House of Representa- and challenges as a nation in Iraq and across Europe, barely a ruble in his tives—Congressman GERLACH—and Afghanistan, and danger from terror- pocket, and traveled at the bottom of there will be a bill-signing ceremony ists around the world. Our country is the boat to the United States to make today where President Bush will affix a saying to those who wear our uniform: a new life for himself. He did not know signature and we will at least have Thank you. We owe you a great debt, at that time that he had a round-trip done that for veterans. one which we may never be able to ticket to France, not to Paris and the There are many issues pending to repay, but we recognize your sacrifice Folies Bergeres with the dancing girls, take care of America’s veterans. We and commitment to our country. but to the Argonne Forest where he are currently in the Veterans Affairs As I looked at those gravesites south was wounded in action. Committee reviewing a proposal by the of Florence, Italy, in that beautiful My father carried shrapnel in his legs Department of Veterans Affairs to cemetery on that April morning, I until the day he died. The U.S. Govern- alter the hospital accommodations thought of John McCrae’s wonderful ment promised the veterans of World across America. We are determined to poem ‘‘In Flanders Fields.’’ He wrote: War I a $500 bonus and, as has been the see to it that any changes which are In Flanders fields the poppies blow case so frequently with the U.S. Gov- made benefit rather than hurt vet- Between the crosses, row on row, ernment, the promise was broken. The erans. That mark our place; and in the sky veterans then mounted a march on Mr. President, on the subject of the The larks, still bravely singing, fly Washington in 1932 to seek redress, ex- proposals which are now pending, I am Scarce heard amid the guns below. ercising their constitutional right to very much concerned, as chairman of We are the Dead. Short day ago petition their Government, and also in the committee, for the entire Nation We lived, felt dawn, saw sunset glow, Loved and were loved, and now we lie, petitioning their Government, to have about what will happen to many of the In Flanders fields. the Government fulfill the promise the facilities which are under review—fa- Take up our quarrel with the foe: Government had made to pay the vet- cilities in New York, facilities in Cali- To you from failing hands we throw erans a $500 bonus. fornia, facilities across the country, The torch; be yours to hold it high. Today, when there is a demonstra- and one very hotly contested facility in If ye break faith with us who die tion in Washington, the red carpet is Waco, TX. I am concerned about what We shall not sleep, though poppies grow rolled out. On that day, in 1932, the will happen in Pittsburgh where there In Flanders fields. cavalry was rolled out with drawn sa- are proposals to close Highland Drive. It reminds us again—especially bers, led by MAJ George C. Patton. In If that is done, there has to be an ade- today, on Veterans Day—all across command was the Chief of Staff of the quate accommodation so that the fa- America that the liberty we enjoy, the Army, Douglas MacArthur. There is a cilities are at least equal to, if not bet- freedom we take for granted was paid famous picture of General MacArthur, ter than what is currently available. for by the blood of patriots, and every with his aide de camp, MAJ Dwight Ei- There are concerns about Butler, PA, American family has been touched by senhower. On that day, veterans were Erie, PA, and across my State. A new those patriots who have given the ulti- killed. It is one of the blackest days in facility is due in Lebanon. mate sacrifice. Every American com- American history. So on this day when we are con- munity can and should recognize today That was the way the U.S. Govern- cerned about veterans, when we pay those who live up the block or down ment responded to the pleas of the honor to them, we ought to remember

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.026 S11PT1 S14402 CONGRESSIONAL RECORD — SENATE November 11, 2003 that the veterans have created the cli- our future veterans by reimbursing Just how important and symbolic mate of freedom. When we pause and States and localities that continue to this day had become to the American remember the veterans on Armistice pay their government employees who people and, especially, our veterans, Day of 1918, remember that it is a con- are Guard and reservists—such as po- was demonstrated in the reaction to tinuum of veterans who have served liceman and firefighters—when they the Uniform Holiday bill of 1968. This America since the Revolutionary War. are called to active duty. This legisla- legislation was part of an overall plan My brother served in World War II, as tion will go a long way to help the fam- to make holidays part of a 3-day week- did my brother-in-law in the South Pa- ilies of these Guard men and women end, which would, in turn, encourage cific. I was in the service during the and reservists make ends meet. travel, recreational and cultural ac- Korean war and served stateside. In many cases, the local and State tivities, and stimulate greater indus- We now have many aging veterans governments are paying their salaries trial and commercial activity. In so from World War II and the Korean war and are falling behind. It seems to me doing, this legislation changed the ob- who need more accommodations. We that is the least we can do, is reim- servance of Veterans Day from Novem- have veterans from Vietnam and the burse for those funds. I hope others will ber 11 to the fourth Monday in October. gulf war and from Iraq. As we pay trib- join me in this legislation. By the way, Seldom in all of my 51 years in Con- ute to the veterans for what they have many of our States and counties and gress has Congress so misjudged the done for America, America should re- cities are already doing this, and their feelings of the American people. Amer- ciprocate and see to it that the needs budgets are hurting. ican veterans in particular, and Ameri- of veterans are adequately responded This is a war that was, in fact, voted cans in general, demanded that the ob- to. on here and executed by the President. servance of Veterans Day be restored Mrs. BOXER. Mr. President, I wish to Therefore, it seems to me the least we as November 11. It was all right to say a few words about Veterans Day, can do is reimburse local agencies who monkey around with Columbus Day, the day we honor millions who have are putting out the funding. we learned, and even the birthday of served in our Armed Forces. We give Mr. BYRD. Mr. President, November the father of our country. But we thanks to those who risk their lives 11, Veterans Day, is the day of rev- should have never touched November and, frankly, who are risking their erence for American veterans. It is the 11. lives as we speak. They have done it day of the year set aside to honor the According to the Veterans of Foreign and they are doing it now out of love of people who have defended our country, Wars, November 11 has a special mean- country. our way of life, and our freedom. It is ing to veterans of all wars and is a part We also mourn those who made the the day that allows us to pause to rec- of American history. Of all the days in ultimate sacrifice for our Nation. As ognize their patriotism, their love of the year, the one day which has the American casualties mount in Iraq, country, their willingness to serve, and most significance to those citizens who Veterans Day takes on a very special their willingness to sacrifice. made an extra sacrifice in the national meaning. Many in our country have Just last year, President Bush called interest by their service in the Armed lost loved ones in Iraq, and every day Veterans Day the day that we ‘‘show Forces is November 11. Many States simply continued to cel- we all pray for the safe return of our our gratitude to the veterans of the ebrate November 11 as Veterans Day. men and women in uniform. United States Armed Forces’’—a day Immediately, Members of Congress In my home State of California, we when ‘‘we honor veterans and we honor introduced legislation to redesignate have lost 73 from California or based in their families, and we offer the thanks November 11 as Veterans Day. My California. The burden is heavy for of a grateful Nation.’’ former colleague in this Chamber, Sen- their relatives—mothers, dads, chil- The very origins of this day are both ator Robert Dole, who himself was a dren, friends. Yet we know they went historic and symbolic. It began at the World War II veteran and was destined over there, in many cases, following 11th hour on the 11th day of the 11th to become a majority leader of the their families in a rich military tradi- month—that is, 11/11/11—of 1918 when Senate and a nominee of the Repub- tion and, in some cases, because they the allied powers signed a cease-fire lican Party for Vice President and wanted to stand up and be counted for agreement with the central powers, President, proposed such legislation. their country. thus bringing to an end the 4-year He called November 11 a ‘‘legal holiday They have courage and dignity. It is bloody nightmare known as World War that provides a unique and fitting day our responsibility to only send them I. of recognition for our American vet- into harm’s way when we know what The next year, the United States set erans.’’ It is the day, Senator Dole de- we are doing; to only send them into aside November 11 as Armistice Day to clared, when the Nation pays ‘‘tribute harm’s way when we have a plan; to remember and honor the sacrifices that and homage to the men and women only send them into harm’s way when men and women made during World who have given so much in their quest we have an exit strategy, and these are War I. for world peace and freedom.’’ issues we will continue to work on be- In 1926, a congressional resolution of- By 1975, 42 States, including my own cause some of us, I am afraid, do not ficially named November 11 Armistice State of West Virginia, had returned to see that plan and do not see that exit Day. Twelve years later, in 1938, Con- the practice of celebrating Veterans strategy. gress made Armistice Day a national Day on November 11. In that year, Con- I wish to say on a personal note that holiday. gress approved legislation to return the November 11 is also my birthday. I say In 1954, following World War II and annual observance of Veterans Day to that because as a child, I was so proud the Korean war, Congress made Novem- November 11. President Gerald R. Ford I was born on what was called Armi- ber 11 a day to honor veterans of all signed the bill, stating: stice Day because Armistice Day re- wars, and therefore changed the name It has become apparent that the com- flected a day of peace, the end of a war, of this most important day to Veterans memoration of this day on November 11 is a the end of the war to end all wars, Day. President Dwight D. Eisenhower, matter of historic and patriotic significance which World War I was known as. Un- the President of the United States at to a great many of our citizens. It is a prac- fortunately, it wasn’t to be. There were the time, asked Americans to use this tice deeply and firmly rooted in our customs more wars. In 1954, Congress changed day to ‘‘remember the sacrifices of all and traditions. the name of Armistice Day to Veterans those who fought so valiantly on the More recently, when legislative ideas Day to pay homage to all of our vet- seas, in the air, and on foreign shores, were circulating through Congress to erans. to preserve our heritage of freedom.’’ bolster voter participation in Federal I regret I am not able to spend today In the first Presidential ‘‘Veterans Day elections, at least one proposal cen- with veterans in my State. I really had Proclamation,’’ President Eisenhower tered on designating Veterans Day as wanted to do that, but I do appreciate proclaimed: the national election day. In response this opportunity to pay tribute to It is my earnest hope that all veterans, to that proposal, my office was flooded them on the floor of the Senate. their organizations, and the entire citizenry with phone calls from veterans, saying: One more point on veterans. Earlier will join hands to insure proper and wide- ‘‘Please don’t take away our special today I introduced legislation to help spread observance of this day. day.’’

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.035 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14403 Mr. President, November 11 is their utes under the control of the Senator training camps within a few miles of special day. It is for this reason that from Pennsylvania, Mr. SPECTER. Damascus. during the years in which it was my Mr. SPECTER. Mr. President, there While all of these matters are sub- privilege to serve as the majority lead- is before the Senate the so-called Syr- jected to controversy, and there are er of the U.S. Senate, I was always de- ian Accountability Act, which imposes disputes by the Syrian Government, I termined that this legislative body sanctions on Syria. It recites a long believe the balance of the evidence sup- would not be in session on this most list of circumstances where the Syrians ports the conclusion that those were important and symbolic date. I always have not taken sufficient action to training camps. wanted to make sure that my col- fight terrorism, and then it calls for I believe it is important that the U.S. leagues and I had the opportunity to Syria to take corrective action, and in Government continues in its efforts to take part in the many ceremonies that the absence of that corrective action, negotiate with Syria to try to improve take place on this day in honor of the authorizes the imposition of economic the situation, and that we ought to be courage and the sacrifice of America’s sanctions, and it leaves with the Presi- mindful that there are opportunities to veterans. I always wanted to make sure dent of the United States the authority have frank discussions with the Syrian that this Chamber paid proper homage to waive those sanctions if it is in the officials which have led to some bene- to the men and women to whom we owe national interest. ficial results and which ought to be so much. Sanctions are imposed by Congress pursued. Writing about the thousands of sol- with some frequency. At first blush, I urge my colleagues in the U.S. Con- diers who lost their lives during the this appears to be a straightforward af- gress, pursuant to our duties, for exam- bloody battle at Antietam, Civil War firmative vote, but I believe the matter ple, on the Foreign Operations Sub- historian, Bruce Catton, pointed out is more complicated than that, and I committee on which I serve, or on the that these men did not die for a few have come to that view after having Foreign Relations Committee, to trav- feet of a cornfield or a rocky hill; they traveled to Syria almost every year el to Syria to engage the Syrian lead- died that this country might be per- since 1984, and after having had consid- ers because I think it can be produc- mitted to go on, and that it might be erable contact with the Syrian Govern- tive. I make reference to my own expe- permitted to fulfill the great hope of ment. After considering the matter at rience in that regard. our Founding Fathers. some length, I have decided that I will I made my first trip to Syria in 1984. So may it be said of most every per- vote in favor of the Syrian Account- As I have said, I have been to Syria al- son who has worn our Nation’s uni- ability Act because the problems of most every year since. I first met form. These people served and they sac- terrorism are so serious and because I President Bashar al-Assad in January rificed to permit this country to go on believe that Syria needs to do more. of 1988 and found him to be willing to to fulfill the great hope of our Found- The bill itself has a long recitation of listen and willing to have a dialog. My ing Fathers. And it is proper and it is background circumstances, but the conversation at that time with Presi- right that we take one day a year to events today in Iraq, where our fight- dent Assad lasted for some 4 hours and pay our most profound respect to the ing men and women are being subjected 35 minutes, talking about a wide range men and the women who have worn our to terrorist attacks, casualties and fa- of issues—the Israeli-Syrian relations, Nation’s uniform, and to thank them. talities, and where the people of Iraq the Iran-Iraq war, which was still in I thank them and we here in the Sen- are being subjected as victims of ter- progress at that time, U.S.-Syrian rela- ate thank them on this day for what rorism, I believe it is a fair demand tions, the situations with the Jews in they have given, for what they have that more be done. That would include Syria. At that time, working with then sacrificed, and for their love of coun- more by Syria. Congressman Solarz, I urged President try. There are, according to reliable re- Assad to allow the Jews to have free Mr. President, I yield the floor. ports, official statements of the U.S. immigration out of Syria. There were Government that terrorists are infil- many Jewish women in Syria who f trating into Syria, coming from Syria could not find husbands of the Jewish CONCLUSION OF MORNING into Iraq. More has to be done on that faith. President Assad said to me, in BUSINESS subject. one of our meetings, he would release It has to be noted that Syria has re- The PRESIDING OFFICER. Morning any Jewish woman where somebody sponded with a number of affirmative business is now closed. came from the United States—there actions to be of assistance to the The Senator from Pennsylvania is were large Syrian-Jewish groupings in United States in our war on terrorists. recognized. the United States—to come to claim a The officials of the State Department bride, and anyone who wanted to marry f have acknowledged that after Sep- a woman in Syria who was Jewish, if a SYRIA ACCOUNTABILITY ACT tember 11, 2001, that information was suitor came, the woman would be re- provided by Syria on al-Qaeda, which leased. Mr. SPECTER. Mr. President, on be- saved U.S. lives. I reported back to a number of Jew- half of the majority leader, I call up It is also to be acknowledged there ish-Syrian enclaves in the United the Syria Accountability Act. has been some improvement on the States. Nothing much happened about The PRESIDING OFFICER. The Syrian-Iraqi border, but clearly not that. Finally, a few years later, Presi- clerk will state the bill by title. enough. There were reports just this dent Assad granted free rights for the The assistant legislative clerk read morning from the State Department Jews to leave Syria at their choice, as follows: about the porous Syrian border and something he had resisted, but some- A bill (H.R. 1828) to halt Syrian support for terrorists coming into Iraq, again ex- thing which he finally was persuaded terrorism, end its occupation of Lebanon, posing U.S. personnel and the Iraqis to do. stop its development of weapons of mass de- struction, cease its illegal importation of themselves to terrorist attack. During the course of the discussions I Iraqi oil and illegal shipments of weapons It ought to be noted that Syria did had with President Assad, I urged him and other military items to Iraq, and by so join in the unanimous resolution, U.N. to participate in discussions with doing hold Syria accountable for the serious Resolution 1511, and that when Sec- Israel. At first, he took the position he international security problems it has retary of State Powell traveled to would not be a party to any discussions caused in the Middle East, and for other pur- Syria in April of 2002, there was some which were sponsored just by the poses. helpful action taken by the Syrian United States but only if they were The PRESIDING OFFICER. The time Government on the southern border of sponsored by all five of the permanent for debate is limited to 90 minutes, Lebanon. But when Secretary of State members of the Security Council. with 30 minutes under the control of Powell went to Syria in May of 2003 Finally, President Assad made a the Senator from Indiana, Mr. LUGAR, and urged the Syrian Government to change and sent representatives to Ma- or his designee, 30 minutes under the oust the terrorists from Damascus, drid in 1991 to participate in those dis- control of the Senator from Delaware, that request was not acted upon. Re- cussions. When Prime Minister Mr. BIDEN, or his designee, and 30 min- cently, Israel moved against terrorist Netanyahu was elected in 1996, Prime

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.038 S11PT1 S14404 CONGRESSIONAL RECORD — SENATE November 11, 2003 Minister Netanyahu initially made thinking he can simply equate nazism the effort against that kind of ter- some statements that he was going to and Zionism without an objection. rorism has to be absolute. That is why hold Syria accountable for Hezbollah President Bashar Assad also made a I believe the Syria Accountability Act on the southern Lebanon border. That comment at the Arab summit that it is one which ought to be passed by the resulted in a very tense situation with was fair to target civilians in the Senate. Syria realigning their troops along the Golan Heights, and I disagreed with When the Syria Accountability Act Syrian border. him. He said, well, the civilians are was gaining in cosponsors, I wrote to Prime Minister Netanyahu knew I armed. I said, they have to be armed President Bashar al Assad on Sep- was about to travel to Syria and asked because there are attacks on the bor- tember 17 of this year. I ask unanimous me to carry a message to President ders. I urged him that the right re- consent that the letter be printed in Assad and Foreign Minister Shara, sponse was to engage in diplomatic the RECORD at the conclusion of my that Prime Minister Netanyahu wanted talks with the United States. statement. peace and was prepared to personally The essential conclusions which I The PRESIDING OFFICER. Without engage in discussions and would urge have reached are there is some sub- objection, it is so ordered. President Assad to engage personally, stantial opportunity to deal with (See exhibit 1.) but that was not a condition. Syria. In Bashar Assad there is a new Mr. SPECTER. President Assad then I relayed that message to President leader, a man in his late 30s, English asked his representative in the United Assad. While he was not willing to en- educated, willing to meet with the States, in Washington, his charge d’af- gage in negotiations with Prime Min- House of Representatives or the Sen- faires—they didn’t have an ambas- ister Netanyahu, it was later reported ate, willing to listen. Notwithstanding sador—to come and talk to me, and we there was an easing of those tensions. my many exhortations of President had a discussion as to what was going On many occasions, I would urge Hafez al-Assad and President Bashar on. It seems to me, after considering President Assad to have discussions Assad, they continue to harbor terror- the matter and the gravity of the risks with the Israeli Prime Minister. I soon ists in Damascus. Both the father and which our fighting men and women are developed a relationship where I was the son respond that the people live undertaking in Iraq, and the risks to able to take it in a somewhat lighter there have been exiled from what was the Iraqi people themselves, that it is vein and said to him when our pic- formerly Palestine, they cannot be in an appropriate time to make a formal tures—he met with me in his office, Israel so they live in Damascus. I re- demand on the Government of Syria to with the large traditional chairs and a sponded I thought that was an insuffi- do more. small stand in between to hold the tea cient answer. If they do more and if they join in or coffee—I said tomorrow there would Although some progress has been the fight against terrorism, there is be a picture in the Damascus news- made, I do believe Syria needs to do ample opportunity for the President of paper of our discussion, but that if he much more. Syria is the de facto con- the United States to take the appro- would meet with Prime Minister troller of Lebanon, and Syria needs to priate action pursuant to this resolu- Shamir, which I urged in the early do more to stop Hezbollah and their tion and to lift the sanctions. 1990s, the picture would appear on the rocket attacks on Israel, with the tre- I thank my colleague from Alabama front pages of the New York Times and mendous armaments which Syria has. for sitting overtime into the lunch pe- the London Times and across the There are reliable reports about Syria riod. I yield the floor and note we will world. developing bacteriological warfare, a now go into a noontime recess, to re- When the Nobel Peace awards were lot of chemical warfare, and extending convene at 2:15. given to Prime Minister Rabin and the range of their missiles, and some EXHIBIT 1 Foreign Minister Perez and Chairman incipient efforts at nuclear weapons, so U.S. SENATE, Arafat, I urged President Assad to en- they would have to submit to inter- Washington, DC, September 17, 2003. gage in negotiations with Prime Min- national arms control regimes. His Excellency BASHAR AL-ASSAD, ister Rabin. I said he would be honored Most of all, I believe Syria has to do President, Syrian Arab Republic, at Oslo, and he responded in a light much more in the fight against ter- Damascus, Syria. vein that he might be honored at Oslo rorism. President Bush has said, and I DEAR PRESIDENT ASSAD: I write to inform but he would not be allowed back in think accurately, he who harbors a ter- you of growing concern in the United States Damascus. I told him I did not think rorist is a terrorist himself; he who Senate about Syria and the fact that the Syrian Accountability Act now has 76 co- that was true, and he commented not- harbors a terrorist in the eyes of the sponsors. I had discussed this proposed legis- withstanding what some might think, law is an accessory before the fact. lation some time ago with your Ambassador the public opinion in Syria was a mat- Today, the problem of terrorism is so to the United States. I had refrained from ter of some substantial concern to him. acute there cannot be any halfway co-sponsoring the Syrian Accountability Act I attended the funeral of President measures. Syria needs to do a great on the premise that we should try to work Assad in the year 2000, accompanying deal more on the border to stop terror- out the problems without resorting to legis- Secretary of State Madeleine Albright. ists from coming into Iraq. lation calling for sanctions. On that occasion, I had a chance to There are reports about al-Qaida Yesterday, Undersecretary of State John meet his successor, President Bashar being in Iraq. I am not vouching for R. Bolton submitted testimony to the House of Representatives’ International Relations Assad. I visited Syria on two occasions, any of those reports. I think we have to Committee that Syria is permitting ‘‘volun- in 2002 and last year in 2003, and have be very careful what we say about ter- teers’’ to pass over your border into Iraq had lengthy conversations with Presi- rorism and who the terrorists are and where those so-called volunteers are intent dent Bashar Assad. They are conversa- where they come from, but there is no on killing U.S. troops. This follows Adminis- tions which are candid and sometimes doubt Iraq has been a magnet for trator L. Paul Bremer’s statement on August critical. young men and young women who do 20th that Syria is allowing ‘‘foreign terror- For example, at the Arab summit, not like the United States, who do not ists’’ to cross Syria’s borders into Iraq. when President Bashar Assad made a like U.S. support of Israel, who do not When you met with Secretary of State Powell last May, there was an understanding comment that Zionism was the same as like what we have done in Iraq, and that Syria would shut Damascus offices of nazism, I said I thought there ought to they are coming into Iraq. There are Hamas, Islamic Jihad and other terrorist be a change in his attitude on that be- daily attacks on our men and women. groups. In June, Secretary Powell stated cause there was no comparison between There are daily attacks on the Iraqis that Syria’s efforts to shut these offices were the brutality of nazism, their destruc- themselves. ‘‘totally inadequate’’. tion, their attacking neighboring coun- There is a state of tremendous vio- The Bush Administration which had op- tries, their Holocaust, murdering 6 mil- lence. Every day, when we look to the posed the Syrian Accountability Act now is lion Jews, and the aspirations of the news media, we wonder if there is going neutral, taking no position. After extensive dealings with your father, Zionists to have a homeland in Israel. to be another report about a helicopter President Hafez al-Assad, since the 1980s and He listened and talked. To what extent being shot down or about United States with you on our meetings in the past several there is an imprint, who knows. It is soldiers being attacked or about Iraqi years, I have tried to assist in finding an- better to have it said than to have him civilians being attacked. That means swers to these difficult problems. With the

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.030 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14405 Syrian Accountability Act gaining so much ical and economic reforms. Syrian co- Significant benefits could accrue to support, it is my hope that your Government operation with the United States in re- Syria from an economically vibrant will respond to the concerns outlined in this lation to al-Qaida terrorists held prom- Iraqi trading partner, increased trade letter before the U.S. Government resorts to ise for cooperation in other areas. As- with Europe and the United States, and sanctions. I call these matters to your personal atten- sistant Secretary Burns noted last even possible membership in a Middle tion with the hope that prompt action can be June in Congressional testimony that East Free Trade Agreement down the taken by Syria to resolve these problems. ‘‘the cooperation the Syrians have pro- road. The United States greatly appreciated the vided in their own self-interest on al- In this context, Syria may find moti- help that Syria provided to our intelligence Qaida has saved American lives.’’ vation to return to the negotiating services after September 11, 2001 in our flight But Syria’s subsequent failure to table. An agreement on the Golan against el-Qaeda. stop terrorist groups, including Heights that would provide security Sincerely, Hezbollah, Hamas and Palestinian Is- guarantees for Israel while respecting ARLEN SPECTER. lamic Jihad, from using Syria as a base Syria’s sovereignty could be the key to f for training and planning suicide bomb- resolving a host of other problems, in- RECESS ings in Israel has continued. Syria also cluding Syria’s occupation of Lebanon, has failed to withdraw its forces from its support of Palestinian terror The PRESIDING OFFICER. Under Lebanon or take concrete steps in sup- groups, and its economic and political the previous order, the hour of 12:30 port of the Road Map peace plan. It re- isolation. Although success of such an and additional time having expired, we portedly has continued to maintain agreement would depend ultimately on will stand in recess until 2:15 p.m. stockpiles of chemical weapons and to the parties themselves, the United Thereupon, the Senate, at 12:53 p.m., pursue development of lethal biological States must seek to leverage obvious recessed until 2:16 p.m. and reassem- agents. Syrian interests in pursuit of a viable bled when called to order by the Pre- Moreover, Syria is working against settlement. siding Officer (Mr. VOINOVICH). the U.S. and Coalition forces in Iraq by The Syrian regime has some difficult f refusing to release assets in Syrian ac- choices to make. It can continue to counts that Saddam Hussein’s regime harbor and support groups devoted to SYRIA ACCOUNTABILITY ACT— terror, or it can act in ways that will Continued stole from the Iraqi people. These and other Syrian trans- help restore stability and peace in the The PRESIDING OFFICER. The Sen- gressions have led both Houses of the region and thereby create a better eco- ator from Indiana. U.S. Congress to support the bill before nomic future for its people. It cannot Mr. LUGAR. Mr. President, I am us today, which stiffens the economic do both. This bill, as amended, adds to pleased that the Senate soon will be and diplomatic sanctions already im- the tools available to the President to taking action on the Syria Account- posed on Damascus for being a state move Syria toward a more responsible ability Act. Much work has been de- sponsor of terrorism. I support this course. I commend the bill to the Sen- voted to this legislation, and I believe bill, which is based on the presumption ate and hope that we will pass it by a that we are ready to pass the bill. I that modifying Syria’s behavior re- strong vote. would like to thank the majority lead- quires a tough response. But as we give I suggest the absence of a quorum. The PRESIDING OFFICER. The er for his support of this bill and the the administration additional sticks to process that led to it. I also would like clerk will call the roll. use against Syria, we should be careful The assistant legislative clerk pro- to thank Senators SANTORUM and about restricting our government’s ceeded to call the roll. BOXER for their commitment to this flexibility in responding to new diplo- Mr. DASCHLE. I ask unanimous con- bill and their bipartisan cooperation in matic opportunities. Syria has shown sent that the order for the quorum call reaching agreement of an important the ability to make better choices—for be rescinded. amendment. A critical component of example, supporting U.N. Security The PRESIDING OFFICER. Without this amendment provides the President Council Resolution 1441 in November objection, it is so ordered. with the ability to calibrate U.S. sanc- 2002, which held Iraq in ‘‘material Mr. DASCHLE. Mr. President, I tions against Syria in response to posi- breach’’ of its disarmament obligations wanted to come to the floor to express tive Syrian behavior when such adjust- and voting for the more recent Resolu- my strong support for the Syria Ac- ment is in the national security inter- tion 1511, which calls upon all nations countability Act. I commend the dis- ests of the United States. to support the U.S.-led effort in Iraq. I tinguished chairman of the Senate For- On October 30, the Senate Foreign believe the amendment to this bill pro- eign Relations Committee for his lead- Relations Committee held an excellent vides the President with the necessary ership and the efforts he has made on hearing on U.S. relations with Syria. flexibility. this legislation to bring us to this Among other witnesses, we heard from Even as we tighten restrictions on point. Let me also thank my colleague William Burns, Assistant Secretary of Syria, we should be emphasizing to the from California, Senator BOXER, for her State for Near Eastern Affairs, and Syrians why it is in their interest to tireless and effective advocacy of this Ambassador Cofer Black, the Counter- recalculate their approach towards the legislation. I am very pleased this leg- Terrorism Coordinator. United States. Syria shares a 400-mile islation is now pending. I congratulate These hearings underscored the dif- border with Iraq. With more than 135,00 my colleagues as well as others who ficulties presented by recent Syrian be- U.S. troops deployed in Iraq, Syria have made the effort to bring us to a havior. Hopes that reform could take needs to reconsider where its future se- point where I believe on a strong bipar- root in Syria after the fall of Saddam curity interests lie. This is not a threat tisan basis this legislation will pass Hussein have dimmed considerably. In- of U.S. military action but a statement this afternoon. stead, tensions have increased between of the new reality on Syria’s borders. This day has been a long time com- the United States and Syria, and a Moreover, Syrian forces that continue ing. We have heard administration offi- cycle of retaliation and revenge has de- to occupy Lebanon are draining the cials argue that this straightforward railed possible progress in the ‘‘Road Syrian economy while providing few response to the behavior of the Syrian Map’’ to peace for Israelis and Pal- positive returns. Continued Syrian oc- Government reduces the President’s estinians. The Israeli retaliatory at- cupation of Lebanon invites further flexibility to deal with the ‘‘bigger pic- tack on an Islamic Jihad terrorist possible military action from Israel. ture.’’ We believe that it is not only camp in Syria has underscored that the The Syrian leadership also must ad- morally right, but will actually ‘‘no war and no peace’’ status quo in just to the end of its ‘‘under the strengthen the President’s hand in ex- the region cannot be taken for granted. counter’’ oil deals with Saddam Hus- plaining the ‘‘big picture’’ to the Syr- Many experts thought that when sein. Syria must negotiate new and ians. President Bashar al-Assad replaced his transparent arrangements to meet its Had our years of entreaties to the father 3 years ago, he would adopt a energy needs. Syria’s economy will not Syrians not fallen on deaf ears, and had more pragmatic approach to negotia- thrive without opening up to invest- promises from Syria over the last sev- tions with Israel and to internal polit- ment and trade, particularly with Iraq. eral years not turned out to be little

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.020 S11PT1 S14406 CONGRESSIONAL RECORD — SENATE November 11, 2003 more than empty rhetoric, this bill to provide support for an office whose Mr. President, I am prepared to yield might not have been necessary. sole purpose is to call attention to, and to the distinguished Senator from However, it appears to many of us encourage support for, attacks on inno- Pennsylvania as much time as he that the point where we can continue cent civilians. should require, with the time allotted to sit back and hope for Syria to Moreover, reports indicate that plan- to our side on this amendment. change course has passed. The time has ning for the recent and horrendous at- The PRESIDING OFFICER. The Sen- come to show Syria that continued in- tack at a restaurant frequented by ator from Pennsylvania. action will no longer be tolerated and Israeli Jews and Israeli Arabs in Haifa Mr. SANTORUM. Mr. President, I, will come at a price. is connected to offices in Damascus. too, thank the Senator from Indiana The behavior we seek from Syria is We are also beginning to learn from for working very closely with Senator not different than what we expect of the intelligence community that Syria BOXER and me on this very important every other country in the world com- may have allowed military equipment piece of legislation, which is a very munity—an end to its support for ter- and personnel to flow into Iraq on the timely piece of legislation. rorism, and enforcement of its own eve of and during the war, both of The House passed this legislation a international agreements and United which were used against our troops in few months ago and sent it over here. Nations Security Council resolutions. that country. We have been working diligently with Syria simply has failed one too many Although the administration reports both Senator LUGAR and Senator times to live up to these obligations, that the situation on the Syria-Iraq BIDEN, and they have been most coop- and this legislation backs up our hopes border is ‘‘improving,’’ the inter- erative in working with the adminis- for Syrian compliance along with the national community should expect tration to craft a bill that I think very real threat of sanctions. nothing but full cooperation from meets some of the concerns the admin- The Syria Accountability Act holds Syria on something so basic as stop- istration has, some of the concerns the Syria accountable for its behavior by ping the flow of terrorists through its committee has experienced in dealing imposing sanctions unless the Syrian territory. with sanctions bills, and particularly Government certifies that: It is no Second, in signing the 1994 Taif Ac- the issue of the waiver authority of the longer providing support for terrorists cords, Syria pledged itself to the ‘‘secu- President. and terrorism; it has withdrawn all of rity and independence of Lebanon.’’ To The House-passed bill did not allow its military and intelligence personnel date, it has helped with neither. In- the President to waive sanctions on from Lebanon; it has ceased its at- stead, it continues to support the Leba- military or dual-use items—‘‘dual use’’ tempts to produce, acquire, or transfer nese Hezbollah and undermine the meaning they could be used for civilian weapons of mass destruction; and it democratic aspirations of the people of or military purposes. I think the chair- has ended its support for terrorists in Lebanon by occupying that country. man of the committee rightly ex- Iraq. In 1999, Israel withdrew its forces pressed concern about that, that the I am pleased with the bipartisan from southern Lebanon after being told precedent generally is that the Presi- process that produced this landmark by the international community that dent have waiver authority in the case legislation, and I especially want to doing so would increase its security. of vital national security interests or commend Senator LEVIN for his leader- Cynically, Syria exploited the result- national security interests. ship in ensuring that the President ing security vacuum and permitted at- We negotiated as to what that stand- maintains the maximum flexibility to tacks on Israel from that region, all in ard should be. We obviously wanted the wisely wield the tools created by H.R. contravention of Security Council Res- highest level of scrutiny before the 1828. The national security waiver, olution 425. It is especially dis- President could waive that which which allows the President to waive appointing that we have to come to the would be vital national security inter- certain sanctions if they are deemed floor of the U.S. Senate to call on a ests. The lowest level would just be counterproductive to U.S. security in- member of the United Nations Security sort of a national interest test. And we terests, will allow our government to Council to enforce its own resolutions. compromised on a national security in- effectively press for reform in Syria Third, the Syria Accountability terest waiver. It is sort of a midlevel, if without endangering our efforts in the Act—a clear statement of America’s re- you will, waiver authority or waiver global war against terrorism. solve—should help put an end to the se- standard. We think that is appropriate There are three reasons we need to ries of mixed signals coming from the here for all of the items, all of the po- pass this unambiguous statement of Bush administration. Over the course tential sanctions that may be imposed U.S. intent. of the last 3 years, we have heard var- by the President under this act. First, as remarkable as it is to imag- ious policies from the different spokes- So the President, under the revised ine, the Government of Syria still pro- people for different agencies of the U.S. bill we have before us, does impose vides safe haven and material support Government. In fact, we have even sanctions, but it gives the President for some of the most objectionable ter- heard competing policies and concerns the flexibility to waive. But he has a rorist organizations in the world. from offices within the same State De- threshold he must meet and make the Hamas, the Palestinian Islamic partment. case that that threshold is made in Jihad, PIJ, the Popular Front for the As I said at the beginning, I wish this order to waive these sanctions. So we Liberation of Palestine General Com- bill were not necessary. Unfortunately, give the President the hammer that I mand, the Popular Front for the Lib- we all recognize that it has become think is necessary and that so many eration of Palestine, the Democratic necessary. This bill will make clear to have talked about here. Front for the Liberation of Palestine, Syria what we expect of it. If it is not Syria is a bad actor in the region. It the Abu Musa Organization, and the willing to end its support for terrorism is part of the ‘‘axis of evil,’’ in my Popular Struggle Front all maintain or uphold its agreements, it should not opinion. It is a country that sponsors offices in Damascus. Members of the be accepted as a full partner in the terrorism, that supports terrorism, Syrian Government have, on occasion, international community. that encourages terrorism, not only condoned suicide bombings against ci- I urge adoption of the legislation and against American interests, not only vilians within Israel, calling them le- again congratulate the distinguished against Israel, but it is occupying, gitimate military operations. chairman of the Foreign Relations through setting up these terrorist or- Syria alternates between defending Committee for his leadership in bring- ganizations, as well as their own mili- these offices in Damascus as solely for ing this bill to the floor this afternoon. tary force, what was a very moderate press purposes, uninvolved in the con- I yield the floor. and progressive Arab country, Leb- duct of terrorist attacks, and prom- The PRESIDING OFFICER. The Sen- anon. ising they will shut the offices down. ator from Indiana. That is a heinous act, and I find it To date, its promises have amounted to Mr. LUGAR. Mr. President, I thank somewhat remarkable that the rest of nothing. Meanwhile, its defense of the distinguished Democratic leader the Arab world does not continue to these offices is as unfortunate as it is for his speech and for his thoughtful condemn it and do what we do: try to inaccurate. It is simply not acceptable comments. ratchet up the pressure on Syria to get

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.017 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14407 out of Lebanon, to allow the people in the charges against the Syrian regime of Lebanon described in section 2(7) of this Lebanon to determine their own gov- and the fact that the highest levels of Act’’. ernment and to freely elect people who the U.S. Government have already On page 21, beginning on line 15, strike ‘‘the attacks against the United States that could serve the best interests of the made it clear that there will be con- occurred on September 11, 2001, and other’’. Lebanese people, not the dictator in sequences to the Syrians if there is no On page 21, beginning on line 20, strike Damascus. change in their behavior—the national ‘‘given the recognition that Hizbullah is So we have, really, a purpose beyond security waiver contained in the bill is equally or more capable than al Qaeda’’ and our national security interest, al- meant to address only those cir- insert ‘‘and other terrorist organizations though I would argue that a free and cumstances where United States na- supported by Syria’’. prosperous Lebanon—and given the his- tional security interests are indeed se- Mr. LUGAR. Mr. President, I ask tory of that country, and being a verely threatened? unanimous consent that the amend- bridge between the Middle East and Mrs. BOXER. Yes, that is my clear ment be agreed to. West—that would be a very stabilizing understanding and the clear intent of The PRESIDING OFFICER. Without presence in the Middle East, to have a the legislation. The bill lays out in objection, the amendment is agreed to. country with a democratically elected great detail the serious threat Syrian The amendment (No. 2148) was agreed to. government, and not being the threat actions pose to United States interests. Mr. LUGAR. I thank the Chair. I now Lebanon now poses, not because of the Our expectation is that, unless the yield time to the Senator from Kansas, people themselves but because of the President can make the certification Mr. BROWNBACK. terrorists who reside in southern Leb- described in section 5, subsection (d) of Mr. BROWNBACK. Mr. President, I anon, because of the other heinous acts the bill, he must impose sanctions on thank the chairman of the Foreign Re- that are conducted by the terrorist the Syrian Government. The national lations Committee, Senator LUGAR, groups based in Lebanon that they security waiver was only included to who does such an outstanding job on so project throughout the world. address currently unforeseen instances many issues and really is a national This is a very important issue for na- where U.S. national security interests treasure for us on international affairs tional security. It is a very important would truly be threatened should such and international issues, for allowing issue for the peace in the Middle East. sanctions go forward. We expect the me recognition to speak on this bill. I I am very gratified that the Senate President to use the waiver only for thank the cosponsors, Senators could come to a conclusion on this bill such exceptional circumstances, and SANTORUM and BOXER, for their work in and bring it to the floor of the Senate not on a routine basis as a way to cir- bringing this issue in front of the body. and have it pass on a day when we cumvent congressional intent as so I urge its passage. honor our veterans, as we should. We clearly expressed in the Syria Account- I urge usage of the Syria Account- had people fight and lose their lives in ability and Lebanese Sovereignty Res- ability Act by the President. Several of Lebanon, and they did so bravely and toration Act of 2003. these issues have already been covered. courageously. But I have to say, it was AMENDMENT NO. 2148 I wish to address them with some spec- not one of the proudest moments for The PRESIDING OFFICER. Who ificity by saying 43 and counting—43 me as an American to see our troops yields time? and counting. That is the number of withdraw from Lebanon and not stay Mr. LUGAR. Mr. President, I send an dictatorships that are left in the world. there to fight another day, with the op- amendment to the desk and ask for its There were 45 at the start of this year. pression Syria was imposing upon that immediate consideration. Two have changed over. Dramatic country. The PRESIDING OFFICER. The changes are taking place in some other This is a chance for us to begin the clerk will report. countries. But there are 43 dictator- process of reengaging in Lebanon, re- The assistant legislative clerk read ships. engaging the Syrians who have been as follows: One of the harshest is Syria. It is a nothing but trouble and fomenting The Senator from Indiana [Mr. LUGAR], for state sponsor of terrorism, one of five trouble throughout the Middle East himself, Mrs. BOXER, and Mr. SANTORUM, pro- countries in the world that we recog- and being disruptive of the peace proc- poses an amendment numbered 2148. nize is a state sponsor of terrorism. We ess in the Middle East. Mr. LUGAR. Mr. President, I ask are facing terrorists coming from Syria I say to the Senator from Indiana, unanimous consent that reading of the on a daily basis in Iraq. You can hardly thank you for the time. Thank you for amendment be dispensed with. visit with any of our leadership work- your willingness to bring this bill to The PRESIDING OFFICER. Without ing on the issue of Iraq and bringing the floor and to move this bill forward. democracy to that country without I will enter into a colloquy with Sen- objection, it is so ordered. The amendment is as follows: hearing them talking about foreign ator BOXER to discuss our desire and terrorists coming into Iraq. The largest our hope that the President not imme- (Purpose: To make technical and other percentage of those is coming through corrections) diately think about waiving these pro- Syria. Another percentage is coming visions; that he think carefully about On page 2, strike lines 8 through 15. from Iran, which is another country any kind of waiver; that we try to im- On page 9, strike lines 21 through 24. On page 15, line 1, strike ‘‘will be held re- that needs to go through a democratic pose some sanctions and send a mes- sponsible’’ and insert ‘‘should bear responsi- metamorphosis and become a democ- sage. Given the activities of the Syr- bility’’. racy. Iran is not a democracy today. ians in the Middle East and the activi- On page 15, beginning on line 6, strike We need to confront that. ties of Syria in Iraq, it is such an im- ‘‘shall impede Syria’s ability’’ and insert We need to confront, for the safety of portant and relevant discussion, that ‘‘will work to deny Syria the ability’’. our troops, these foreign terrorists the President use these sanctions that On page 15, strike lines 18 through 20. coming in from Syria who are being are available to him for him to do so. On page 16, line 17, insert after ‘‘citizen in sponsored by the Syrian Government. Mr. President, I wish to enter into a Iraq’’ the following: ‘‘if the Government of We know for some period of time Syria is found to be responsible’’. Syria has sponsored Hezbollah, one of colloquy with my colleague, Senator On page 18, strike lines 15 through 20 and BOXER of California, concerning the insert the following: the leading terrorist organizations in waiver authority extended to the Presi- (b) WAIVER.—The President may waive the the world, certainly very active in the dent for the sanctions contained in the application of subsection (a)(1), (a)(2), or Middle East, active in Lebanon, active Syria Accountability and Lebanese both if the President determines that it is in in Israel, active, it appears, in support Sovereignty Restoration Act of 2003. the national security interest of the United of going into Iraq. We know the histor- Mr. President, as the original cospon- States to do so and submits to the appro- ical legacy of Syria associated with sor of the Syria Accountability and priate congressional committees a report Iraq and the Baathist Party regime Lebanese Sovereignty Restoration Act containing the reasons for the determina- that controlled both countries. It did tion. of 2003, I want to clarify the bill’s in- On page 20, beginning on line 6, strike control Iraq; it doesn’t now. It is a tent with the original sponsors, Sen- ‘‘withdrawn all Syrian military, intel- ruthless, dictatorial, Stalinesque type ator BOXER. Is it the Senator’s under- ligence, and other security personnel from of organization. They use political pris- standing that—given the seriousness of Lebanon’’ and insert ‘‘ended its occupation oners, torture, all sorts of means to

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.039 S11PT1 S14408 CONGRESSIONAL RECORD — SENATE November 11, 2003 maintain control by the Baathist lead- Mrs. BOXER. Mr. President, under tant things that this country can do to ership. The Syria Baathist leadership the order, I have how much time re- fight terrorism is to promote democ- is the same sort of leadership we saw in maining on my side? racy in the Middle East. Iraq. They are a bad lot. It is time we The PRESIDING OFFICER. There The lack of democracy in many Mid- put pressure on Syria to change. are 18 minutes 24 seconds left for Sen- dle Eastern countries has led directly President Bush last week made a ator BIDEN’s designee. to Islamic extremism. There are al- beautiful speech to the National En- Mrs. BOXER. Does the Senator from most no outlets for political expression dowment for Democracy calling for de- Illinois wish to make a few comments? in a region filled with kings, emirs, and mocracy throughout the world and say- How much time does he need? rubberstamp parliaments—except at ing that is the natural state of man- I yield 5 minutes to my friend from the mosque. kind, to be free and at liberty. Yet we Illinois, and then I will use the remain- It is no accident that most of the ter- see a dearth of liberty and freedom der of my time. rorists were originally from countries throughout much of the Middle East, The PRESIDING OFFICER. The Sen- that do not allow dissent or meaningful particularly in countries such as Syria. ator from Illinois. political participation. I hope the President will use the Mr. DURBIN. I thank the Senator I, for one, do not believe this nation Syria Accountability Act to bring from California. can remove every dictator and repres- Mr. President, I rise as a cosponsor in greater pressure on the dictators in Da- sive regime. We cannot impose democ- strong support of the Syria Account- mascus, on bringing them a clear point racy from the other end of an M–16. ability Act. that we will not tolerate this use of Syria plays a key role in the Mideast Mideast countries will not become terrorism; we will not tolerate their at- region and it could play a constructive models of democracy and openness tacks on our troops; that we will not role, but all too often, it has not. overnight. But we must look to a tolerate a regime that is a dictator- After September 11, Syria offered to longer term future where we call on ship; that the people of Syria deserve share information that could help in them to embark on a ‘‘soft-landing’’ to- better. The people of Lebanon deserve the U.S. fight against terrorists. It wards a more democratic future. better than to be minding the dictator joined us in the first Gulf War to oust The bill we consider today, the Syria paymasters that exist in Damascus. Saddam Hussein from Kuwait in 1991, Accountability Act, will send a strong The President really needs to use this and it joined in peace negotiations message of disapproval to Syria regard- power that is being given by the Con- with Israel in the 1990s. But Syria has ing its actions supporting terrorism, gress to the administration for these taken steps and pursued policies that undermining regional peace, repressing sanctions in Syria. have undermined regional peace and its people, and undermining the inde- I urge that we pass this act. I urge damaged U.S. interests. pendence of Lebanon. It will send those the President to use these sanctions. Syria was opposed to the US invasion messages short of going to war. And I urge us to use all the means at of Iraq and it certainly has a right to The bill will broaden U.S. sanctions our disposal to tighten the noose that opinion but Syria has not taken against Syria unless the President cer- around the leadership of the dictators robust action to keep foreign fighters tifies that Syria does not support ter- in Damascus. What they are doing in from crossing its borders to fight rorism; that it has withdrawn its mili- Syria, what they are allowing to flow Americans. tary, intelligence, and security per- out of their country, that would stop. Syria objects to the U.S. occupation sonnel from Lebanon; stopped devel- This is one of the few countries left in of Iraq, but has itself occupied Lebanon oping ballistic missiles and chemical the world that continues to be state since 1976. More than 20,000 Syrian and biological weapons; and that it is sponsors of terrorism on a very aggres- troops and police occupy much of Leb- no longer in violation of UN Security sive basis. It must stop. We must show anon, dominating its politics and gov- Council resolutions. The bill allows the resolve in that. ernment and undermining its independ- President to waive sanctions if he be- I state my support for the bill and ence. lieves waiving them would be in the in- yield the floor. Syria harbors terrorists that pro- terests of U.S. national security. The PRESIDING OFFICER. The Sen- mote and organize violence, under- I believe that Syria could play a con- ator from Indiana. mining hope and progress for a com- structive role in bringing peace to the Mr. LUGAR. Mr. President, I thank prehensive Arab-Israeli peace settle- region, ending the scourge of ter- the distinguished Senator from Kansas ment. rorism, and take its place as a regional for his important argument. Hizballah, Hamas, the Popular Front leader. Syria and the United States How much time remains on our side? for the Liberation of Palestine, and the could enjoy strong and growing rela- The PRESIDING OFFICER. Eight Popular Front for the Liberation of tions. The bill we pass today will hold minutes 20 seconds. Palestine-General Command have of- Syria accountable for its actions and Mr. LUGAR. I thank the Chair. send a strong message that Syria must I suggest the absence of a quorum, fices, maintain training camps, and change. with the time to be counted against other facilities on Syrian territory and Syria has a great opportunity to de- the side of the opposition to the bill as operate in areas of Lebanon occupied cide whether it will be part of the fam- opposed to our side. by the Syrian army, such as the Beqaa ily of civilized nations dedicated to The PRESIDING OFFICER. Without Valley. Some of these groups, self-government, dedicated to the prin- objection, it is so ordered. Hizballah in particular, receive sup- The clerk will call the roll. plies from Iran through Syria. ciples of equality, and dedicated to The assistant legislative clerk pro- The people of Syria are repressed, peace in the region, or Syria can turn ceeded to call the roll. ruled by a small ethnic minority in a a different course. There has been Mr. LUGAR. Mr. President, I ask police state. There is no freedom of ample evidence of I guess the experi- unanimous consent that the order for speech, no political freedom, and no ence we have had in Syria to suggest the quorum call be rescinded. freedom to dissent. The Syrian regime they have decided to chart a course The PRESIDING OFFICER. Without is also run by the Ba’ath Party, but that is not consistent with those val- objection, it is so ordered. split from Saddam Hussein’s branch of ues. Mr. LUGAR. Mr. President, there this party. After September 11, Syria was one of have been consecutive Republican The President has recently spoken the first to come to our side and say speeches on this amendment. We will about how badly the Middle East needs they would help us fight terrorism in be prepared to recognize the distin- an infusion of democracy. He has ar- the world. I had a chance to visit that guished Senator from California. She gued that, despite the fact that the nation and its leader shortly there- will ask for her own recognition, but United States has found no weapons of after. He expressed condolences for our we hope she will have an opportunity mass destruction in Iraq, this coun- losses in the United States and pledged to speak at this point. try’s war was justified because of the support in our effort to end terrorism. I yield the floor. repressive nature of that regime. Sadly, the accumulated evidence The PRESIDING OFFICER. The Sen- I agree wholeheartedly with the since that date does not suggest Syria ator from California. President that one of the most impor- has made the real commitment we

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.046 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14409 need, not only for the sake of ending State Department the backup they dle East, and it has really been lost be- terrorism in our country but for the need. I think, frankly, it will be very cause it has been taken over in a hos- sake of ending terrorism in the world. helpful for us to pass this bill today. tile takeover, I might say, by the In fact, too many times Syria has been Now, the administration has moved power of Syria. on the wrong side of history in the past off their opposition and they are neu- So all of these issues, getting Syria and the current day. tral on this bill. They are neither for it to turn its back on terrorism and not This Syria Accountability Act basi- nor against it. The good news is, the allow these organizations to operate cally says to Syria they will be held ac- leaders of the Foreign Relations Com- within their borders, Syria allowing countable for their conduct. Frankly, mittee, finally I think, have decided the Lebanese people to have a life of we understand that today Damascus, that maybe BOXER and SANTORUM have freedom and democracy or at least self- Syria, is the international head- been on the right track. So this is a determination, however they deter- quarters for a variety of terrorist very big day for us because we have mine it, these are issues that are cru- groups. That is totally unacceptable. gone through a pretty tough legislative cial. As long as they keep up the status The President was right when he said ride. We did not get hearings in the quo, the goal of Middle East peace is we are opposed to not only terrorists, committee. We could not move it. quite elusive. but those who harbor and support In addition to Senator SANTORUM, my Twenty thousand Syrian troops and them. Syria has to take those words to original cosponsor of this, I do want to security personnel continue to occupy heart, and this act is a measure that thank Senator BYRD, who made sugges- Lebanon and again, as I said, under- needs to be passed by Congress and tions to perfect our bill, Senator mine its political independence. It is a signed into law by the President so LUGAR who worked with Senator BYRD direct violation of U.N. Security Coun- Syria understands the importance of and others, Senator BIDEN, who agreed cil Resolution 520. What does that say? the role it plays in the Middle East and to let this come up in an expedited That resolution calls for strict respect how closely it will be watched. fashion, and over on the House side of the sovereignty, territorial integ- The PRESIDING OFFICER. The Sen- Representatives ELIOT ENGEL and rity, unity, and political independence ator from California. ILEANA ROS-LEHTINEN helped us quite a of Lebanon. Mrs. BOXER. Mr. President, I am bit in moving this bill. We also know that Syria is devel- very pleased we are going to vote on So it is, in fact, a day that is impor- oping weapons that are very dangerous, the Syria Accountability bill, a bill I tant. What we are basically saying in and that they are not doing enough to first introduced with Senator our bill is that if Syria does not shape prevent terrorists from entering into SANTORUM in April of 2002. It has had a up they are going to face sanctions Iraq. In fact, the terrorist who was at- very bumpy ride. I am glad the ride from this Government. If Syria does tempting to blow up an Iraqi police will soon end smoothly; at least that is not stop supporting terrorism, if Syria station was found to be carrying a Syr- my sense. does not stop the development of weap- ian passport. On April 18, 2002, with a list of 45 co- ons of mass destruction, if Syria does This has to stop. Nations must be sponsors, I introduced this bill with not end its occupation of Lebanon and held accountable for the proliferation Senator SANTORUM. cease support for the terrorists oper- of terrorism and they must be held ac- On that day, I said: ating in Iraq, they are going to face a countable if they are not doing all they We cannot afford to rest for one second in series of escalating sanctions. can to pursue Middle East peace or at pursuing those who believe that purposely The fact is that we have 81 cospon- least allow that peace to take place. killing innocent civilians is a legitimate sors—and I see Senator SANTORUM on means to political ends. We cannot give con- the floor now. He worked his side of the So this legislation has taken a cessions to terrorists nor can we reward aisle, I have worked mine, and we were bumpy road. When Senator SANTORUM them by giving into their demands. This will and I got together to work on it, people only lead to more terror. able to really get these cosponsorships up. On October 15, the House passed its said that is quite a combination. They With that, Senator SANTORUM and I version of the bill 398 to 4. So I have to said if those two can get together on introduced the Syria Accountability anything, eventually we know we are Act because we knew at that time—and say we are on to something. Let me say from the bottom of my going to win. we know today—that by a variety of heart what I think we are on to. We are It has taken us almost 2 years but we means the Government of Syria is sup- on to the premise that the truth shall could not be happier. We want to thank porting terrorist groups. It needs to set you free. We cannot have relation- the 80 other Senators who are cospon- end. ships with Syria and close our eyes to sors of this bill. We, again, thank Sen- In the 108th Congress, May 1, 2003, ators LUGAR and BIDEN for allowing now with a total of 81 cosponsors, we the truth, and the truth is that Syria is, in fact, supporting terrorism in this bill to come directly to the floor introduced our bill again and at that today. We think it is a historic day. time we said: ways that are very clear. They are a major supporter of Hezbollah, an inter- Our goal is to prevent war and to lay If we are serious about peace in the Middle national terrorist organization that out markers for Syria. We do not want East and a cessation of terrorism here at to go to war with Syria. We just want home, then we must confront the Govern- has carried out numerous attacks ment of Syria in a way that will not lead to against Americans and Israeli civilian to say, in a truthful way, these are the war but to a diffusing of tensions and a more targets. They have operated freely in things that you have been doing wrong. peaceful world. the Syrian-controlled Beqaa Valley in Please meet these markers. Help us. The administration opposed our bill Lebanon over the past 20 years. Other Help us in the world. If you don’t, we very strongly. In fact, Secretary Pow- terrorist groups such as Hamas, the are going to have some sanctions and ell came before the Foreign Relations Popular Front for the Liberation of they are spelled out. I think others Committee and when Senator LUGAR Palestine, and the Popular Front for have spelled them out. The idea behind and Senator BIDEN said to him, do you the Liberation of Palestine-General this bill is to avoid a confrontation and support or oppose the Syria Account- Command all maintain offices, training instead have a relationship that is re- ability Act, Secretary Powell said it camps, and other facilities inside Syria spectful between our two nations. I would not be helpful to pass it. or in areas of Lebanon under Syrian think today we will go a long way to I did not agree with him then and I control. that end. do not agree with him now. When Sec- Anyone who has traveled to the re- I believe all my time is used up at retary Powell went to see the head of gion knows that one of the saddest sto- this point so I will yield the floor and Syria, what was one of the first things ries in the world is the story of Leb- I hope we will be voting shortly on he said to him? He said, you ought to anon and how its people have lost any this. shape up because there is a bill in the control over their own destiny. As we The PRESIDING OFFICER. The Sen- Senate, the Syria Accountability Act, fight for democracy in the world, we ator from Indiana. and those folks over there are serious. have to remember that. This was a Mr. LUGAR. Mr. President, I will It proved my point that, in fact, for country at one point that was abso- take this occasion to tell the Senate us to be tough on terrorism gives the lutely considered the Paris in the Mid- that today we celebrate the birthday of

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.050 S11PT1 S14410 CONGRESSIONAL RECORD — SENATE November 11, 2003 the distinguished Senator from Cali- Saddam Hussein. Who knows what to be cited as an endorsement for mili- fornia. Senator BOXER is a year young- weapons of mass destruction may even tary action against Syria. er. This is an excellent day for her to be there as well. For examples, Section 4, entitled offer this legislation, and we commend All of this needs to end. Our Presi- ‘‘Statement of Policy,’’ says that it is and thank the Senator. dent needs to have the tools, the diplo- the policy of the United State that I yield such time as he may consume matic tools necessary to prosecute the ‘‘the United States shall impede Syr- to the Senator from Oregon. case with Syria in a way that gets us ia’s ability to support acts of inter- The PRESIDING OFFICER. The Sen- beyond the status quo because the sta- national terrorism and efforts to de- ator from Oregon. tus quo is unacceptable and the status velop or acquire weapons of mass de- Mr. SMITH. Mr. President, I join the quo is deadly and the status quo has to struction.’’ I doubt that anyone dis- chairman of the Foreign Relations be over. I join with Republicans and agrees that we should try to do that. Committee in wishing a happy birth- Democrats alike today in urging pas- But by what means? Will support for day to Senator BOXER. I also thank sage of the Syria Accountability Act, this legislation be cited at some point Senator BOXER and Senator SANTORUM for the sake of our country, for the in the future by the administration, or for their tenaciousness in advancing sake of the Middle East, for the sake of others, as a green light for launching a this bill. It is long overdue and it is to Muslims, for the sake of Jews, for the unilateral, military attack to ‘‘impede be celebrated by all of us. sake of Christians, and all who have Syria’s ability to support acts of inter- Senator LUGAR, Senator BIDEN, and suffered much. national terrorism?’’ That is precisely the Foreign Relations Committee have The road to Damascus has brought so what was done by the White House worked this bill into a condition where much murder, so much conspiracy, so when it cited resolutions passed a dec- we can bring it to the floor, giving the much weaponry, so much blood money ade ago to justify a unilateral attack President sufficient discretion, and that has been used against the peace against Iraq years later, even though make clear that we will continue to en- process and those who are the advo- that was not what many, if any of us who supported those resolutions in- gage in diplomacy with the Syrians but cates of a peaceful resolution in the tended at the time. Over and over we are going to do it on a more real- Middle East. again, the administration, in an effort istic basis, a basis that has con- It is a matter of Scriptural record to justify their precipitous use of force sequences, a basis that deals with that a man named Saul on the road to against Iraq, cited passage of the Iraq facts, not fantasy, and truly makes Damascus once saw an awful lot of Liberation Act in 1998 as evidence that progress in the Middle East. light, changed his way, and even It is a matter of historical record Congress supported the overthrow of changed his name. We know him today Saddam Hussein in 2003. What the ad- that for a long time, several decades as the Apostle Paul. What we need now ministration kept omitting in numer- now, the Syrians have occupied the na- on the road to Damascus is a lot more ous public statements is that one sec- tion of Lebanon, their smaller neighbor light because all we have been getting tion of that act made clear that noth- to their west. In the course of that, is so much darkness. We need a new be- ing in the act was to be construed as whatever their motives were for going ginning with Syria. The President authorizing the use of U.S. military in, they have stayed there for gain. needs a new authority against Syria. force against Iraq. I am concerned that They have denied democracy to the This bill is crafted in a way that is the Syria Accountability Act could be Lebanese people, they have denied helpful diplomatically so we can avoid distorted in a similar way. I do not them self-determination, and they have hostilities. But let us have the courage support military action against Syria, been responsible for keeping the breach in this war on terrorism to go where and I am in no way endorsing such ac- and the wound alive in Lebanon. the facts take us. Let us all pray it tion by voting for this legislation But as it relates to this bill, I also does not take us down the road to Da- today. have to take note of the fact it is Vet- mascus, but we have to be realistic. The same can be said of the state- erans Day. We thank our veterans. We This bill is a very good start. I urge ment that it is the policy of the United celebrate our veterans. We owe them a the Senate to adopt it today by a very States that ‘‘efforts against Hezbollah great debt. large margin. will be expanded given the recognition As we think of yesterday’s veterans, I yield the floor. that Hezbollah is equally or more capa- I am reminded of today’s veterans, Mr. LEAHY. Mr. President, I am vot- ble than al Qaeda.’’ First, I do not many of whom, from the State of Or- ing for the Syria Accountability Act know if it is true that Hezbollah is egon, are in Iraq now and who are in because I believe it is important to call ‘‘equally or more capable than al harm’s way for the cause of American attention to Syria’s continuing mili- Qaeda.’’ Perhaps it is. I don’t know, liberty and the safety of the American tary occupation of Lebanon in viola- and I doubt the authors of this legisla- people and our allies in the ongoing tion of international law, and its sup- tion can be certain that it is, especially war on terrorism. The truth is, much port for terrorist organizations, includ- given the difficulties we have had in that is aimed at them today comes ing Hezbollah, that are responsible for obtaining reliable information about from Syria. It comes from car bombers ongoing, deadly incursions into Israel. these organizations. In any event, holding Syrian passports. Indeed, just It is well established that the Syrian while I might support expanded efforts the other day we learned the car bomb Government rules through fear and re- against Hezbollah, it would depend on that was interdicted and the person pression. Torture by Syrian security what those efforts are. For example, I pulled out of the car that was filled forces is routine. The denial of basic am not in favor of sending U.S. troops with explosives was from Syria. Syria human rights has been widely docu- to Lebanon to engage in combat maintains a porous border with Iraq mented. We should condemn these poli- against Hezbollah. I do not want my that simply cannot remain as it is be- cies. vote today to be construed as sup- cause if it does, it will mean the death And there are allegations that Syria porting any expanded efforts against of more of our soldiers. We want them supplied Iraqi forces with military Hezbollah regardless of what they home and we want them safe. equipment, which the Secretary of De- might be. There is more than a porous border fense has described as hostile acts Similarly, the legislation states that that concerns me with Syria. It is the against the United States. it is United States policy that ‘‘Syria fact that Syria provides a safe harbor, The United States is justified in will be held accountable for any harm indeed a safe haven, a heaven, if you seeking to apply political and eco- to Coalition armed forces or to any will, for terrorists. For those who con- nomic pressure on Syria in an effort to U.S. citizens in Iraq if the Government spire to murder on a massive scale, change its policies. That said, there are of Syria is found to be responsible due Syria gives them a place to stay, gives some aspects of this legislation that I to its facilitation of terrorist activities them protection, and a place to hide do not support, and I want to take a and its shipments of military supplies their money and their weapons before moment to discuss them as I do not to Iraq.’’ Syria should be held account- they can bring them into conflict with want there to be any misunderstanding able. But in what way? The legislation, American soldiers. Who knows what about my vote. Most importantly, I do once again, is silent. My support for ef- also may be there from the arsenals of not want my vote for this legislation forts to hold Syria accountable, should

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.052 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14411 the evidence warrant it, depends on While I agree with the goals of the political and informational activities. what those efforts are. Syrian Accountability Act, I am con- These activities include the deadly and Finally, the legislation says that it is cerned that this legislation will under- despicable suicide bombings, conducted the policy of the united States that mine our ability to achieve those goals. by Hamas and Palestinian Islamic ‘‘the United States will not provide In particular, I am opposed to the act’s Jihad, against civilians in Israel. any assistance to Syria and will oppose provisions that would mandate the im- Syria is also a supporter of multilateral assistance for Syria until position of new sanctions against Hezbollah, which is responsible for the Syria ends all support for terrorism, Syria. I believe that these provisions killing of hundreds of Americans and is withdraws it armed forces from Leb- would tie this or any future adminis- one of the biggest obstacles to our ef- anon, and halts the development and tration’s hands in a way that will forts to combat global terrorism. deployment of weapons of mass de- make the conduct of our foreign policy Throughout much of southern Leb- struction and medium- and long-range more difficult. A number of sanctions anon, occupying Syrian forces support surface-to-surface ballistic missiles.’’ already exist against Syria by virtue of and protect Hezbollah, allowing it to We all want Syria to do those things, its designation as a state sponsor of deploy thousands of rockets that and I am not in favor of providing as- terrorism. In addition, the President threaten Israel and destabilize the re- sistance to the Syrian Government. already has the authority to impose gion, and to launch attacks against ci- But this legislation goes farther. It many of the sanctions set forth in this vilian targets in Israel civilian areas. purports to cut off any assistance to act. If we are to promote peace in the Syria also permits Hezbollah to receive the Syrian people, even through pri- region and move Syria in a more posi- assistance from Iran. vate voluntary organizations. I do not tive direction, the United States must The Syrian occupation of Lebanon believe in punishing the citizens of a pursue an approach that is more represents a long-standing threat to country simply because their govern- nuanced and flexible than what is stability in the Middle East. While ment is corrupt or abusive, so I have called for in this legislation. Syria has reduced its forces in recent concerns about this provision. Mr. CORZINE. Mr. President, I rise years, it still maintains as many as There are also aspects of Section 5 of in strong support of the Syria Account- 20,000 troops and security personnel in the legislation, entitled ‘‘Penalties and ability Act, of which I am a proud co- Lebanon. In addition to harboring Authorization,’’ which concern me. For sponsor of the Senate companion. Hezbollah, those forces exert undue in- example, among the sanctions that the Syria is listed by the State Depart- fluence in Lebanon and prevent the President could impose are a prohibi- ment as a state sponsor of terrorism, Lebanese government from deploying tion on U.S. businesses from investing and yet fewer U.S. sanctions apply to its own troops to southern Lebanon, as or operating in Syria. It is not obvious Syria than to any other country on the required by U.N. Security Council Res- to me how this will penalize the Syrian list. This Act will authorize a range of olution 520. It is long past time for Syr- Government, but it will hurt U.S. busi- sanctions against Syria, prohibiting nesses. While the record is mixed, there ian forces to withdraw from Lebanon exports to Syria of dual-use items and are examples of U.S. businesses con- and for Lebanon to cease to be a refuge requiring the President to choose from tributing to social, economic and even for terrorist organizations, including a set of other sanctions, including pro- political change in other repressive Hezbollah. hibitions on exports of most U.S. goods Syria has not moderated its unre- countries. Of more concern is that the legisla- to Syria and on American investment lenting hostility to Israel, nor has it tion encourages the President to re- in Syria, restrictions on Syrian dip- demonstrated a commitment to nego- duce U.S. diplomatic contacts with lomats in the United States and on tiations. Moreover, it has used its posi- Syria. I am uneasy with this approach, U.S. diplomatic contacts with Syria, tion on the world stage and within the as I believe we should consider expand- prohibitions on Syrian aircraft in the Arab world to undermine efforts to ing our diplomacy and people-to-people United States, and blocking of trans- bring peace and stability to the region. contacts with Syria. It is in our inter- actions in Syrian government prop- As a frequent sponsor of U.N. resolu- est to promote dialogue with a country erty. tions related to the conflict in the Mid- with which we have such profound dif- These sanctions are appropriate, and, dle East, Syria has consistently pro- ferences, and which poses a military in my view, long overdue. Despite re- moted a perspective that castigates threat to Israel. Reducing those con- cent U.S. efforts to engage in dialogue Israeli security measures without con- tacts could further misunderstanding with Syria, Damascus has refused to demning the terrorist threat faced by and exacerbate tensions between us. It renounce its support for terrorism. It Israel. is also worth mentioning that after the provides terrorist organizations with While I have long supported this act September 11 attacks, Syria reportedly political and material support. It has and welcome its passage, I believe that cooperated with the United States in turned away from negotiations with our ability to influence Syria’s behav- intelligence sharing about al-Qaida. Israel. And it continues to occupy ior and deter its support for terrorism I do not believe this legislation will southern Lebanon, where its forces de- also requires a multilateral strategy. persuade Syria to do any of the things stabilize the Middle East by supporting The effect of this act will unfortu- we want it to do. I am aware that the Hezbollah and undermining Lebanese nately be limited by the lack of sup- Administration has opposed it in the sovereignty. port for sanctions against Syria among past. This legislation seems to start us Syria acts as the safe haven for a our friends and allies. It is critical that down a road of intensifying tensions broad array of terrorist organizations the administration demonstrate global between the U.S. and Syria without a and Palestinian groups committed to leadership on this issue as well as other clear end game other than invading the destruction of Israel. Hezbollah, aspects of the war on terrorism. By Syria, which I do not support and I Hamas, Palestinian Islamic Jihad, the reaching out to the international com- doubt many other Senators support. Popular Front for the Liberation of munity and by appealing to our com- However, I agree that Syria’s support Palestine, and the Popular Front for mon interest in curtailing global ter- for terrorism and its violations of the Liberation of Palestine-General rorism and achieving peace in the Mid- human rights deserve condemnation, Command are all active in Damascus. dle East, we can ensure that the sanc- and I will vote for this legislation with The Syrian government has not only tions we are imposing today are truly the caveats I have mentioned. refused to sever ties with these organi- effective. Mr. JEFFORDS. Mr. President, I do zations; it has defended their use of I yield the floor. not support the passage of the Syrian Syrian territory to disseminate propa- Mr. McCONNELL. Since September Accountability Act. The situation in ganda that attacks Israel, thereby un- 11, the bar for assistance in our war the Middle East is a delicate one. It dermining efforts to bring peace to the against terrorism has been raised, and calls for subtle, creative diplomacy as region. Worse, the offices maintained the Syrian Government is no longer en- the United States seeks to support its by these groups provide operational titled to a free pass. The United States troops in Iraq, promote the Arab- support for terrorist activities, not- must no longer allow Syria to get away Israeli peace process, and combat ter- withstanding the Syrian government’s with taking with the right hand what rorism. claims that they are engaged only in it gives with the left.

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.026 S11PT1 S14412 CONGRESSIONAL RECORD — SENATE November 11, 2003 Unfortunately, the Government of During the 1990s, Syria repeatedly de- Lebanon, and its development of weap- Syria remains an obstacle to peace in fied U.N. sanctions against Iraq by par- ons of mass destruction are unaccept- Iraq, settlement of the Israeli-Pales- ticipating in enormous black market able and will not be tolerated. tinian conflict—indeed, Syria has purchases of oil from the Saddam Hus- This legislation, introduced by my rebuffed repeated Israeli offers to make sein regime. The proceeds from these friend and colleague from California, peace between Israel and Syria—demo- sales directly supported Hussein’s mili- Senator BOXER, and Senator SANTORUM cratic development and sovereignty for tary regime and opulent lifestyle. provides the President with maximum the Lebanese people, regional security, Syria has not acted sufficiently to flexibility to target specific sanctions and the protection of human rights of curb cross-border movement of foreign against Syria subject to a national se- the Syrian people themselves. terrorists, including a significant num- curity waiver. There is no doubt that Syria actively ber of Syrian nationals, into Iraq. In- Specifically, it requires that sanc- supports international terrorism. The deed, in some circumstances, the Syr- tions be imposed on Syria unless the evidence supporting this contention is ian Government appears to have facili- President certifies that Syria: is not overwhelming: tated their migration to that country; providing support for international ter- The U.S. State Department has cer- Syrian passports have been found in rorists; has withdrawn all military, in- tified Syria on its list of state sponsors the possession of international terror- telligence, and other security per- of terrorism continuously since the ists arrested by the U.S. military sonnel from Lebanon; has ceased the 1970s. Syria’s dubious company on this there. These terrorists seek to wage production, development, acquisition, list includes Hussein’s Iraq, Iran, jihad against American troops and un- or transfer of weapons of mass destruc- Libya, North Korea, and Communist dermine democracy in Iraq and tion and long range ballistic missiles, Cuba. throughout the Middle East. and; has ceased support for terrorist Syria provides material support and In addition to Syria’s unhelpful po- activities inside of Iraq. safe haven to numerous international lices in Iraq, it remains a spoiler for If the President does not make such terrorist groups, including Hezbollah, the development of peace and democ- a certification, the bill requires the Hamas, the Popular Front for the Lib- racy in Lebanon, a country it has forc- President to prohibit the export to eration of Palestine, and Islamic Jihad. ibly occupied for decades. Its military Syria of military items and dual use Syria allows terrorist groups to occupation of Lebanon undermines technology and impose two or more maintain training camps on Syrian Lebanese efforts to create a sovereign sanctions from a list of options includ- soil. Indeed, in October, after a ter- democratic state and furthers insta- ing: prohibiting the export of products rorist bombing in Haifa, Israel retali- bility in the region. Syria, a dictator- of the United States—other than food ated against a known Islamic Jihad ship, wields considerable political con- and medicine—to Syria; prohibiting terrorist training camp near Damas- United States businesses from invest- trol in Lebanon, thereby distorting cus. ing or operating in Syria; restricting Lebanon’s officially democratic process Syrian-controlled southern Lebanon the travel of Syrian diplomats in Wash- and making that country a de facto is a haven for anti-Israel terrorists and ington, D.C. and New York; and reduc- puppet state of the Syrian Govern- a staging ground for terrorist rocket ing diplomatic contacts with Syria. attacks against Northern Israel. ment. I, for one, believe that sanctions Unconditional U.S. engagement of Syria has facilitated the transfer of should be imposed only as a last resort Syria has failed to encourage true mod- military equipment from Iran to ter- and that all avenues should be explored eration in Damascus; a new approach is rorists operating in Syria-controlled to change another state’s behavior be- Lebanon. necessary to encourage the Syrians to fore taking such action. Syria maintains a robust chemical cooperate or face the consequences. With regard to Syria, Congress has weapons program, raising the risk that Other Arab governments who say one passed numerous resolutions calling on Syria could transfer such weapons to thing and do another—such as Egypt— Syria to change its ways and Repub- terrorists. would be wise to pay attention to the lican and Democratic administrations In addition to Syria’s long-time ef- congressional debate about, and sup- alike have made it clear that Syria’s forts to support the deadly aims of port for, the Syrian Accountability actions are wholly inconsistent with a international terrorist groups, its gov- Act. peace-loving and productive member of ernment has played a decidedly I believe the Syrian Accountability the international community. unhelpful role in regional security. Act will give the administration the Nevertheless, words have not Most notably, the Syrian Government tools it needs to highlight to the Syr- achieved the results we are looking for illegally collaborated with the Hussein ian Government the risk of choosing and as a result, we must take further regime to circumvent United Nations the wrong side in the global war substantive action. resolutions and has worked to under- against terrorism. The Syrian Govern- Syria’s behavior and actions leave a mine Iraqi democracy in the wake of ment has an opportunity to reform lot to be desired and have severely hin- the liberation of that country. itself, to provide its people with the dered the Arab-Israeli peace process. Although Syria voted for the recent economic and political freedoms they First, it continues to be listed as a U.N. resolution on Iraq, ostensibly ex- seek, to end its support for murderous state sponsor of terrorism by the State pressing its support for the reconstruc- terrorist organizations, and to become Department and is reported by the Sec- tion of a free and democratic Iraq, a proponent of peace in the Middle retary of State to provide ‘‘safe haven Syria has used nearly every other op- East. and support to several terrorist portunity to undermine the American- If Syria’s leaders decide to embark groups’’ including Hizballah, Hamas, led coalition’s efforts to liberate the on a moderate and peaceful path, it and the Popular Front for the Libera- people of that country from the brutal will find the United States to be a be- tion of Palestine. reign of Saddam Hussein. Furthermore, nevolent and helpful ally. But if it con- Despite repeated calls by Secretary recent media reports indicate that tinues to support international ter- of State Colin Powell that Syria cease Syria may have accepted and hidden rorism, Syria’s leaders will find them- its support for terrorism and close the Hussein’s weapons of mass destruction selves international pariahs, with facilities and offices of these groups, it before the U.S.-led invasion. fewer resources or friends to help them has refused to do so. In addition, there are credible reports maintain their increasingly tenuous Second, for over 20 years Syria has that Syria provided material support grip on power. ignored United Nations Security Coun- to Iraqi troops during the war and cur- Mrs. FEINSTEIN. Mr. President, I cil resolutions and has failed to with- rently provides safe haven to former rise today to express my support for draw completely from Lebanon, main- Hussein regime officials and loyalists. the Syria Accountability Act of 2003, a taining 20,000 troops and security per- U.S. investigators have located $3 bil- bipartisan piece of legislation of which sonnel in that sovereign country. The lion hidden by the Hussein regime in I am proud to be a cosponsor. presence of those troops restricts the Syrian banks, and Syria has refused to The time has come for the Senate to political independence of Lebanon and return this money to its rightful own- send a strong message to Syria that its harms relations between Israel and ers: the people of Iraq. support for terrorism, its occupation of Lebanon.

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.058 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14413 Finally, Syria has continued its de- to change the dynamic—and often the few decades, Damascus has long been velopment and deployment of short and status quo—that has characterized an unwilling and uncooperative partner medium range ballistic missiles and bi- these relations. The administration in bringing about Middle East peace. In ological and chemical weapons. It has and Congress have done this most nota- fact, Syria did not endorse President not signed the Chemical Weapons Con- bly with Saudi Arabia in seeking great- Bush’s Middle East ‘‘roadmap.’’ vention and has one of the largest mis- er cooperation in the elimination of Syria also appears to be in the terror sile inventories in the Middle East. It terrorist activities operating from financing business. In April 2003, an is reported to have three production fa- Saudi soil. Italian government study found that cilities for chemical weapons and has a Now is also an ideal time to reassess Syria functioned as a hub for an al- stockpile of the nerve agent sarin. U.S. relations with Damascus and de- Qaida network that moved Islamic ex- In the post-September 11 world, we mand accountability in our relation- tremists and funds from Italy to north- all understand the dangers posed by ship. Equally important, it is time for eastern Iraq, where the recruits fought states who sponsor terror and seek the Syrian leadership to make a tough alongside the recently defeated Ansar weapons of mass destruction. choice: it is either with the United al Islam terrorist group. I had hoped that Syria would realize States completely in the war on ter- And, on October 21, it was reported that it is in its best interests to turn a rorism, or it is not. Either way, shield- that U.S. Treasury Department inves- new page in its relations with the ing Syria from the same economic and tigators have evidence that $3 billion United States and the international political isolation directed at other that belonged to Saddam Hussein’s community and cease its support for terrorist states is unmerited and runs government is being held in Syria-con- terror, withdraw from Lebanon, and counter to U.S. principles in the war trolled banks in Syria and Lebanon. halt its pursuit of chemical and bio- against terrorism. The Syrian Government has not yet logical weapons. As Under Secretary of State John granted Treasury officials access to It has not done so and it is time for Bolton stated in testimony before the these accounts, nor has it been willing the United States Senate to respond. I House International Relations Com- to share any information about the ac- urge my colleagues to support this leg- mittee on September 16, 2003, ‘‘Syria count holders. islation. remains a security concern on two im- Let’s review past U.S. policy toward Mr. ALLEN. Mr. President, for dec- portant counts: terrorism and weapons Damascus. Despite all of Syria’s irre- ades, the United States has engaged of mass destruction.’’ Bolton added: sponsible and threatening policies, suc- the regime in Syria in the hope that There is no graver threat to our coun- cessive U.S. administrations have been Damascus would play a constructive try today than states that both sponsor willing to engage the Syrian Govern- role in bringing about Arab-Israeli terrorism and possess or aspire to pos- ment. For decades, the United States peace. The U.S.-Syria relationship has sess weapons of mass destruction. has pursued a policy of engagement been ongoing despite the fact that Syria, which offers physical sanctuary with Syria, trying to win Damascus’ support for Middle East peace but to no Syria has been ruled by dictatorship and political protection to groups such avail. with an uninterrupted record of sup- as Hezbollah, Hamas, and Palestinian As part of this strategy, the United port for terrorism, specifically directed Jihad, and whose terrorist operations States has maintained full diplomatic at Israel. have killed hundreds of innocent peo- relations with Damascus. It also has The results of U.S. engagement with ple—including Americans—falls into allowed U.S. companies to invest in Syria have been anything but positive. this category of state of potential dual Syria, something that cannot be done Throughout the years, Damascus has threat. in other terrorist-sponsor states such continued to support international ter- Since the 1970s, the U.S. State De- as North Korea, Iran, Cuba, and Libya. rorism directed at America and Israel, partment has listed Syria as a state According to the Congressional Re- occupy Lebanon, develop a weapons-of- sponsor of terrorism. Specifically, in search Service, in 1999—the last year mass-destruction program, acquire bal- its ‘‘Patterns of Global Terrorism, there was reliable data available—di- listic missiles, and pursue policies 2002’’ report, the State Department rect investment of U.S. companies into counter to U.S. interests. found that the Syrian Government Syria was $6 million, with 13 U.S. busi- Since the liberation of Iraq, Syria ‘‘has continued to provide political and nesses having offices in Syria. While has played a destabilizing role by al- limited material support to a number this may seem miniscule in terms of lowing terrorist fugitives to enter of Palestinian groups, including allow- the dollar amount, it is notable be- Syria and by allowing mercenaries to ing them to maintain headquarters or cause it is tolerated at all. cross into Iraq—or at least not stop- offices in Damascus,’’ although the With the death of Syrian President ping them—to engage U.S. troops. Syrian Government insists that the Hafez Assad in 2000 and the ascendancy Syria has been able to conduct its poli- groups’ Damascus offices undertake of his son Bashar to the presidency, cies—which are antithetical to U.S. in- only political and informational activi- there were high expectations that terests—with near impunity. They ties, not terrorist operations. Syria would depart from its anti-Israeli have resulted in the loss of hundreds of Syria maintains close relations with policies and pro-terrorist support of American lives—especially when you Iran, another autocratic regime listed the past and enact political and eco- consider the bombing of the U.S. Ma- by the State Department as a state nomic reforms, as well as become a rine Corps barracks in Beirut in 1983. sponsor of terrorism and a prominent positive influence and player in achiev- Although Syria is listed—and has financial, political, and military back- ing Middle East peace. Three years into been since the 1970s—by the State De- er of these Palestinian terrorist organi- Bashar’s term, such developments have partment as a state sponsor of ter- zations. not materialized—and without a cata- rorism, along with Iran, Libya, Iraq, Moreover, Syria remains the de facto lyst to encourage such reform, it ap- Cuba, and North Korea, it has not faced ruler of Lebanon, which it has forcibly pears unlikely that Bashar will the same degree of diplomatic and eco- and illegally occupied since 1990. Leb- proactively change Syria’s course. nomic isolation that has been directed anon, the country in which more than We need a new approach toward Da- at other terrorist states. In fact, Wash- 200 U.S. Marines died in 1983 following mascus. Continuation of the current ington maintains full diplomatic rela- a terrorist attack on their Beirut bar- U.S. policy toward Syria must end. For tions with Syria, making Syria the racks, remains a breeding ground and too long, it has been too ineffective and only designated state sponsor of ter- training center for terrorist organiza- has allowed Syria to pursue with near rorism to have such relations with the tions. impunity policies counter to U.S. in- United States. Terrorism has spawned in Syria due terests. Moreover, it is unproductive Syria’s special treatment despite its largely to Syria’s opposition to the ex- and antithetical to the principles asso- support for terrorism should be over. istence of Israel and its subsequent ob- ciated with the President’s war on ter- The events of September 11, 2001 have jection to an Arab-Israeli peace proc- rorism. offered a window of opportunity to re- ess. Although the United States has en- The U.S. must pressure Syria to play view many U.S. bilateral relationships gaged Syria—and given it a prominent by the rules. Given that the govern- and determine whether it is necessary place in discussions—during the past ment of Syrian President Bashar al-

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.055 S11PT1 S14414 CONGRESSIONAL RECORD — SENATE November 11, 2003 Assad is relatively weak, and recog- U.S. diplomatic representation would ment to H.R. 1828 submitted by my nizing that Bashar deemed it nec- perhaps strongly suggest to Syria that able colleague and chairman of the essary, or least desirable, to provide it is not an American ally and will not Senate Foreign Relations Committee, some assistance to the United States in be one until it starts acting like one. Senator LUGAR, in coordination with apprehending al-Qaida, it should be Sending a strong message is key. Senators SANTORUM and BOXER. I com- possible to pressure Damascus into The United States should apply the mend my colleagues for their good changing its policies. That said, Wash- proliferation security initiative, PSI, work. ington must demonstrate that it is se- and sanction WMD suppliers. The ad- It is well within Congress’s preroga- rious about having Damascus drop its ministration has successfully devel- tive to write and implement sanctions, support of terrorism and its pursuit of oped and employed a plan, known as but the practice of doing so, as the policies that endanger peace and sta- the proliferation security initiative, chairman of the Senate Foreign Rela- bility in the Middle East. PSI, to interdict illicit weapons ship- tions Committee knows so well, can Therefore, to demonstrate American ments and contraband. PSI was an- raise important points about the over- commitment, the United States should nounced by President Bush on May 31, all constitutional prerogative of the adopt the following measures in pres- 2003. It involves robust cargo inspec- executive in its right to conduct for- suring Syria: Enact the Syria Account- tions and possible interdiction of WMD eign policy. The amendment prepared ability Act now. Among the numerous materials and illegal arms, based on by Senator LUGAR, in cooperation with provisions contained in the bill, the pooled intelligence among partici- the original sponsors of the bill, pre- most notable include the calls for pating countries. To date, 11 nations serves the prerogatives of both Syria to immediately and uncondition- form the core PSI group: Britain, branches of government, and, at the ally halt support for terrorism; with- France, Germany, Australia, Japan, same time, I believe, unifies and solidi- draw from Lebanon and provide for Italy, Spain, Portugal, Poland, the fies our nation’s policy on the question Lebanon’s full restoration of sov- Netherlands, and the United States. of terrorism, and, in particular, Syria’s ereignty; halt development of certain While most of the initial PSI activities contribution to peace, stability and weapons; and enter into serious uncon- have focused on North Korea, attention progress in the Middle East. ditional bilateral peace negotiations should be paid to Syria—and Iran— Quite frankly, Syria has largely with Israel. with the goal of halting the flow of failed to contribute significantly to This bill also states that Syria weapons technology both in and out of peace and stability in the Middle East, ‘‘should bear responsibility for attacks Syria. a stability that U.S. blood and treasure committed by Hezbollah and other ter- A critical complementary strategy to is now invested to achieve. We have rorist groups with offices, training PSI is using sanctions on countries watched the administration give Syria camps, or other facilities’’ in Syria or that supply Syria with weapons and ample opportunities, since September Lebanon. Further, the bill states, that WMD technology. The People’s Repub- 11, 2001, to make its contribution. being in violation of key United Na- lic of China, Pakistan, Russia, Iran, Quite frankly, Mr. President, the ad- tions Security Council resolutions and and North Korea are known ministration flattered the Damascus pursuing policies which undermine proliferators of these materials, with dictatorship by giving it this time to international peace and security, Russia and North Korea being key sup- join with the civilized world in un- ‘‘Syria should not have been permitted pliers to Syria. equivocally renouncing terrorism com- to join the United Nations Security As part of a wider U.S. policy, the ad- pletely, as well as dismantling all Council or serve as the Security Coun- ministration should attempt to con- manifestations of material and polit- cil’s President, and should be removed vince its PSI allies to also use sanc- ical support for terrorist organizations. from the Security Council. tions against WMD suppliers. Some suggest that Syria has played a Pursuant to the legislation, the In conclusion, Syria’s actions in the game of sitting on the fence, when it United States is empowered to ‘‘will Middle East—and in Iraq, specifically came to the war on terrorism. How- work to deny Syria the ability to sup- pose a clear, near-term threat to re- ever, Mr. President, Syria was never on port acts of terrorism and efforts to ac- gional stability and to the safety and the fence. Syria is on the other side of quire weapons of mass destruction, security of American forces serving in the fence, with the other state sponsors WMD.’’ In addition, the United States the region. of terrorism we have labeled as such will not provide any assistance to With the removal of Saddam Hus- since 1979. And today I will agree with Syria and will oppose all forms of mul- sein’s regime in Iraq and the defeat of what Secretary Powell told President tilateral assistance to Syria until Da- the Taliban regime in Afghanistan, the Assad earlier this year: By refusing to mascus withdraws from Lebanon and United States has made clear that cooperate, he was ‘‘on the wrong side of halts its pursuit of WMD and ballistic state support for terrorism will no history.’’ missile accumulation. longer be tolerated. Since 1979, Syria has appeared every Until Syria enacts these measures, It is overdue for the United States year on the State Department’s list of the President is required to prohibit: and like-minded nations to hold Syria state sponsors of terrorism. It has been the sale of defense articles to Syria accountable for its actions. Syria’s new so identified for its role in terrorist that require the issuance of an export head of state has had ample time to acts, as well as the support it gave— license—dual-use items; U.S. busi- make the choice whether Damascus is and continues to give, to this very nesses from investing in Syria; and ex- with the United States as a partner or day—to Hamas, Palestinian Islamic port of any goods other than food and not in fighting the war on terrorism. Jihad and Hezbollah, terrorist organi- medicine to Syria. Diplomatic rela- If Syria is not, then it should face zations that, to this very day, organize tions also must be reduced but the de- the diplomatic and economic con- and commit acts of aggression or ter- gree of that is not defined. The Presi- sequences as set out in the Syria Ac- rorism. dent is given waiver authority for 6- countability Act. As a sponsor of the Throughout the 1990s, Syria played month periods for all of these cat- Senate version, S. 982, I respectfully coy with U.S. administrations attempt- egories, except the export of dual-use urge my colleagues to vote for this im- ing to engage it in the Middle East items if it is determined that ‘‘it is in portant measure in the form of H.R. peace process. Who can forget the scene the vital national security interest’’ to 1828, as amended. of the long-suffering Secretary of do so. Mr. HATCH. Mr. President, I stand in State, Warren Christopher, waiting The Bush administration should support of the Syria Accountability hours outside of Hafez Assad’s office on apply uniformity in its policies toward Act, H.R. 1828, which the House of Rep- his umpteenth visit, at the very same terrorist-sponsoring states. Therefore, resentatives passed, 398–4, last month. I time Iranian weapons were being trans- the administration should not allow am an original cosponsor of the Senate ferred to Hezbollah at the Damascus U.S. companies to invest in Syria be- bill, S. 982, introduced by my col- airport? Who can forget President Clin- cause it sends the signal that Syria is leagues, Senators SANTORUM and ton’s futile attempt in Geneva, near receiving special treatment from Wash- BOXER, which has over 80 cosponsors as the end of his term and near the end of ington. A fairly dramatic reduction of of today. Today, I support the amend- Assad’s brutal life, to re-engage the

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.077 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14415 dictator in peace talks? On the ques- September 11, 2001 began a new era in sharply declining image of the United tion of peace or normal relations with U.S. foreign policy, and the President’s States in the Arab/Muslim world. In- Israel, in every aspect but the desire to policies since that watershed event deed, according to the recently re- reclaim territory for itself, Syria has have been based on clarity of vision. leased report of the Advisory Group on most definitely been a rejectionist Against the threat of terrorism, which Public Diplomacy for the Arab and state. lurks and breeds in the shadows, we Muslim World—‘‘the Djerejian re- There are persistent reports that have responded with clarity of purpose. port’’—hostility toward America has Syria has a stockpile of chemical weap- Against the traditional approaches of reached shocking levels, and the bot- ons, including sarin and possibly also diplomacy, which balance nuance tom has fallen out of Arab and Muslim VX, which it could combine with one of against process, we have demanded support for the United States. The re- the largest missile stockpiles in the progress. Against previous approaches port also documents that ‘‘large ma- Middle East. Coalition forces are not in that part-time antagonism toward a jorities in the Arab and Muslim world Iraq to rid that former dictatorship of mutual enemy should be rewarded with view United States policy through the its weapons of destruction while we full-time tolerance of non-compliance prism of the Arab-Israeli conflict.’’ look the other way on similar weapons with our stated goals, we say today: No I am troubled by these developments held by another Ba’athist regime. The longer. and fear that the administration’s era of that ideology of Arab oppression, President Assad will receive this emerging hard line toward Syria, in ad- along with the threat of weapons of message clearly. Perhaps Syria will dition to passage of this bill, will only mass destruction to maintain that op- modify its behavior. If it does not, add fuel to this fire. It is true that the pression, is over. Syria can join the list of rogue states Syrian Government can do more to Syria has not assisted us in our his- who failed because they challenged the work with the United States in com- toric mission in Iraq. Joining the Secu- order of the civilized world. bating terrorism in the region, and the rity Council in unanimous approval of The American public has read reports administration has made some very Resolution 1441, the Syrians were quick in the press about Syria’s cooperation clear requests of the Syrian Govern- to denounce the threat and use of force with us in identifying, in the months ment. But if Syria does not respond to to achieve the goals of the resolution. after September 11, members of Al- Since the beginning of Operation Iraqi our requests, most, if not all, of the Qaida. I have read no where, nor have I Freedom, our officials—from the Presi- sanctions contemplated by the Syrian heard any analyst argue, that such co- dent, to the Secretary of State, to the Accountability Act can already be im- operation was because Syria was dedi- Secretary of Defense—have publicly posed by the administration. This cated to our defense, or to our global criticized Syria for its lack of coopera- means that a bill that is widely per- tion. Syria’s border has remained open war on terrorism. Since then, the ceived as a crackdown against Syria to fleeing Ba’athist officials, and to American public has heard many mem- has little substantive effect. Indeed, international terrorists anxious to die bers of the current administration ex- Patrick Clawson of CSIS testified to fighting against Coalition forces. Our press disappointment with Syria’s be- our committee last week, ‘‘Some might officials believe that Syria holds up to havior, and they have seen many re- say that the act is largely symbolic, $3 billion of Saddam’s ill-gotten loot, ports of Syria’s lack of cooperation. but do not underestimate the impor- funds that the Governing Council could And one thing is clear in a democracy, tance of symbols.’’ And that concerns use for reconstruction, funds that Mr. President: Our foreign policy must me, because the symbol of the United would lessen the obligations we have have the support of the public. States as cracking down on an Arab undertaken in this body this week. I will always respect the President’s nation ultimately harms our interests Syria invaded Lebanon more than a foreign policy prerogative, and I have in many very important parts of the quarter-century ago, and maintains ap- defended the executive’s prerogative world. proximately 15,000 troops there to this under Republican and Democratic ad- So in reality I would describe this day. Throughout this period, Syria has ministrations. I have supported ‘‘quiet bill as a ‘‘lose-lose’’ for the United backed the Shi’ite terrorist organiza- diplomacy’’ for small results. But a di- States: We’re getting little additional tion, Hezbollah, an organization that plomacy that produces invisible results muscles against Syria while further an- has been tied to terrorism around the is not quiet, it is silent. Today, I be- tagonizing the Arab world. I urge my world. Twenty years ago, a Hezbollah lieve the members of the President’s colleagues to vote ‘‘no’’ on this bill. suicide bomber killed almost 300 U.S. administration agree with me. Mr. BYRD. Mr. President, Syria has Marines as they slept in their barracks For the reasons I have stated here, long been considered by the United in Beirut. Hezbollah continues to at- this bill will pass overwhelmingly, as it States to be a rogue state. Syria con- tack across borders, shelling Israel as did in the House of Representatives. We tinues to associate with terrorist late as last week. Nothing Hezbollah may consider this the Senate’s con- groups, including those that have car- does is without Syrian sanction. The tribution today to the war on global ried out ruthless attacks that set back Middle East will not see peace, and the terrorism. the cause of peace in the Middle East, United States should not consider Mr. CHAFEE. Mr. President, today leading it to be placed on the State De- itself secure as long as Hezbollah, with the Senate is voting on H.R. 1828, the partment’s list of state sponsors of ter- its Syrian backers, exists. Syria Accountability Act. I would like rorism. Syria has occupied Lebanon So it is time to go to the source and to explain to my colleagues why I will continuously since 1976, in violation of sanction Syria. This bill outlines a se- be voting against this legislation. U.N. Security Council Resolution 520. ries of goals and commensurate diplo- As chairman of the Foreign Relations The United States is justified in matic and economic sanctions to apply Committee’s Near East Subcommittee, seeking to apply political and eco- to the Syrian regime. It maintains I have come to appreciate the great im- nomic pressure on Syria to change its flexibility of policy choice for the ad- portance of U.S. leadership in working foreign policy. However, I will vote ministration, but it is clear in stating to restart the Middle East peace proc- against the Syria Accountability Act. the Congress’s intent, in resolve and ess. In recent visits to the region—the Of the 22 pages of this bill, only six policy, to further isolate the decrepit West Bank, Jordan, Iraq, Turkey and pages relate to sanctions that the dictatorship in Damascus. Afghanistan—I heard a uniform chorus United States may apply to Syria. The I do not know if this bill will moti- in these Arab and Muslim nations that other pages contain 51 clauses of find- vate Damascus to cross the fence and active United States involvement was ings, senses of Congress, and state- join the anti-terror coalition of civ- urgently needed to halt the continuing ments of policy. These nonbinding pro- ilized nations. I suspect that to believe violence between Israel and the Pal- visions build a case against Syria, and so would be pollyannaish. But I do be- estinians. I regret that this adminis- I fear that those provisions could later lieve that the way we act today will de- tration has not actively responded to be used to build a case for a military clare to the Damascus dictatorship these pleas for peace. intervention against Syria. that there are costs to being on the I have also learned that our disin- In many cases, the non-binding wrong side of the fence in the war on terest in becoming involved in Middle clauses in the bill appear to gloss over terror. East peace has contributed to the the complex situation with respect to

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.078 S11PT1 S14416 CONGRESSIONAL RECORD — SENATE November 11, 2003 Syria. For example, on page 11, the bill The legislative clerk called the roll. hook. Despite the support the Syria speaks of ‘‘hostile actions’’ by Syria Mr. MCCONNELL. I announce that Accountability Act just had, there are against U.S.-led forces in Iraq. Yet, the the Senator from Colorado (Mr. CAMP- waivers that concern me. Syria’s evidence is inconclusive as to the role BELL) and the Senator from Nebraska record is not one that we can look at of the Government of Syria in the at- (Mr. HAGEL) are necessarily absent. with any assurances that they are tacks that have been carried out Mr. REID. I announce that the Sen- going to do what they have to. against our troops in Iraq. Such insinu- ator from Florida (Mr. GRAHAM), the The administration claimed that al- ations could be used to build the case Senator from Hawaii (Mr. INOUYE), the Assad’s regime’s support for the global for a preemptive military intervention Senator from Massachusetts (Mr. war on terrorism is so valuable that he against Syria, which, unfortunately, is KERRY), the Senator from Connecticut should not be pressed on other issues, a very real possibility because of the (Mr. LIEBERMAN), and the Senator from including the failure of the Syrians to dangerous doctrine of preemption Nebraska (Mr. NELSON) are necessarily secure the Iraqi border, thereby per- hatched by the administration. absent. mitting the constant infiltration of I further announce that, if present Other language in the nonbinding foreign terrorists pouring into Iraq. and voting, the Senator from Massa- clauses may simply be ill-considered. Apparently, the Syrians must have chusetts (Mr. KERRY) and the Senator For example, on page 7, the bill quotes shared intelligence about al-Qaida, and from Nebraska (Mr. NELSON) would an unclassified CIA report that says FBI and CIA officials have reportedly each vote ‘‘yea.’’ that it is ‘‘highly probable’’ that Syria met in Syria with Syrian intelligence The PRESIDING OFFICER. Are there officers to discuss terrorism. The Syr- is working on biological weapons. In any other Senators in the Chamber de- the very next clause, however, the bill ians have also helped to capture a top siring to vote? al-Qaida figure, a Syrian-born German quotes an Under Secretary of State as The result was announced—yeas 89, saying that Syria ‘‘is pursuing’’ the de- citizen who is part of the Hamburg cell nays 4, as follows: that planned the September 11 attack. velopment of biological weapons. It is [Rollcall Vote No. 445 Leg.] exactly this kind of shading of intel- So while Syria might be sharing in- YEAS—89 formation on al-Qaida, at the same ligence probabilities becoming cer- Akaka Dodd McCain time it is deliberately thwarting the tainties for which Congress has criti- Alexander Dole McConnell Palestinian-Israeli peace process. cized the administration and its intel- Allard Domenici Mikulski Syria harbors leaders who order, Allen Dorgan Miller ligence agencies for creating the plan, and finance terror attacks hysteria that led to war in Iraq. Could Baucus Durbin Murkowski Bayh Edwards Murray against Israeli citizens. Operatives of Congress be so willing to make the Bennett Ensign Nelson (FL) the Islamic Jihad, Hamas, the Popular Biden Feingold same mistake with respect to Syria? Nickles Front for the Liberation of Palestine, The United States should use eco- Bingaman Feinstein Pryor Bond Fitzgerald Reed and the al Aqsa Martyrs Brigades, nomic and diplomatic leverage to pres- Boxer Frist Reid which I might add is a terrorist group sure Syria to change its support for Breaux Graham (SC) Roberts affiliated with Yasser Arafat’s political Brownback Grassley terrorism and alter its foreign policy. Rockefeller Bunning Gregg party FATAH, are regularly receiving Santorum The sponsors of this legislation have Burns Harkin training in Syrian camps. made improvements to several non- Cantwell Hatch Sarbanes So what is perplexing is why this ad- binding provisions in this bill, and they Carper Hollings Schumer Sessions ministration has refused to force the have worked to address some of my Chambliss Hutchison Clinton Inhofe Shelby Syrians to stop training Palestinian more serious concerns. While I appre- Cochran Johnson Smith extremists even as it promotes a reso- ciate their cooperation, I still cannot Coleman Kennedy Snowe lution of the Palestinian-Israeli con- support this legislation. The findings, Collins Kohl Specter Conrad Kyl Stabenow flict. statements of policy, and sense of Con- Cornyn Landrieu Stevens No Palestinian roadmap to peace, no gress provisions in the Syria Account- Corzine Lautenberg Sununu negotiations will be successful between ability Act could be used to build a Craig Leahy Talent Palestinians and Israelis as long as case against Syria that could too eas- Crapo Levin Thomas Daschle Lincoln Voinovich Syria continues to occupy Lebanon and ily be hyped to imply congressional Dayton Lott Warner to train and churn out suicide bombers. support for preemptive military action DeWine Lugar Wyden I am worried that the administration against that rogue state. I will vote NAYS—4 has made a cynical tradeoff, focusing against this bill because of that dan- Byrd Enzi on supposed Syrian support for the gerous course that it may portend. Chafee Jeffords hunt for al-Qaida while ignoring the Mr. LUGAR. Mr. President, how NOT VOTING—7 Syrian’s deliberate obstruction of the much time remains? peace process. Campbell Inouye Nelson (NE) Last month, when the Islamic Jihad The PRESIDING OFFICER. There re- Graham (FL) Kerry mains 1 minute 54 seconds. Hagel Lieberman successfully blew up an Arab-owned Mr. LUGAR. Mr. President, I note no The bill (H.R. 1828) was passed, as fol- seaside restaurant in Haifa, killing 19 more Senators on our side of the aisle lows: Israelis, including 5 Palestinian wish to speak. Therefore, I yield the re- Mr. FRIST. I move to reconsider the Israelis, Israel responded by striking maining time. vote and I move to lay that motion on one of the Palestinian training camps, The PRESIDING OFFICER. All time the table. choosing a time when it was empty to is yielded back. The motion to lay on the table was avoid collateral damage. The Bush ad- The question is on the engrossment agreed to. ministration responded with a bland of the amendment and third reading of The PRESIDING OFFICER. The Sen- statement urging both Israel and Syria the bill. ator from New Jersey. to avoid actions that heighten tensions The amendment was ordered to be Mr. LAUTENBERG. Mr. President, I or could lead to hostilities. engrossed and the bill to be read a am proud of my colleagues throughout Despite President Bush’s call for Da- third time. the Senate for the overwhelming sup- mascus to expel terrorist organizations The bill was read a third time. port just given on the Syria Account- from Syria and close down its camps, The PRESIDING OFFICER. The bill ability Act. I believe this bill sends an the Syrians have directly refused. They having been read the third time, the unambiguous signal to the administra- have made a mockery of President question is, Shall the bill pass? tion and to the Syrian regime that the Bush’s famous claim that you are ‘‘ei- Mr. LUGAR. Mr. President, I ask for Congress considers Syrian support for ther with us or against us in the war on the yeas and nays. terrorism, its occupation of Lebanon, terrorism.’’ The PRESIDING OFFICER. Is there a and its pursuit of dangerous weapons We in the Senate have just passed the sufficient second? all significant threats to the United Syria Accountability Act, but Syria There appears to be a sufficient sec- States and to global security. will not be held accountable until the ond. The yeas and nays are ordered. I am particularly concerned that this administration decides to end its trade- The clerk will call the roll. administration has let Syria off the offs in the global war on terrorism,

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.104 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14417 prioritizing the fight against some Mr. President, reclaiming the floor, Gregg Lott Sarbanes Harkin Lugar Schumer forms of terror over others. thus, we have Members who would like Hatch McCain Sessions The message we want to send has to this rollcall vote. Having said that, I Hollings McConnell Shelby be clear and direct. We will not tol- move that the Senate proceed to the Hutchison Mikulski Smith erate any support for terrorism, espe- consideration of the conference report Inhofe Murkowski Snowe Jeffords Murray Specter cially among those who purport to be to accompany H.R. 1588, the National Johnson Nelson (FL) Stabenow our friends. Defense Authorization Act, and I ask Kennedy Nickles Stevens Everyone has seen the Syrian action for the yeas and nays on the motion. Kohl Pryor Sununu in Lebanon and we know how treach- The PRESIDING OFFICER (Mr. Landrieu Reed Talent erous that is. They occupy the country Lautenberg Reid Thomas CHAFEE). Is there a sufficient second? Leahy Roberts Voinovich and pretend they want to make peace, Mr. REID. Mr. President, if I could Levin Rockefeller Warner but they do not want to. They have not ask a question. Lincoln Santorum Wyden indicated by their actions that they The PRESIDING OFFICER. There NAYS—1 want to. appears to be a sufficient second. Byrd I yield the floor. The yeas and nays were ordered. NOT VOTING—12 f The PRESIDING OFFICER. The Sen- Bayh Graham (FL) Kyl NATIONAL DEFENSE AUTHORIZA- ator from Nevada. Boxer Hagel Lieberman TION ACT FOR FISCAL YEAR Mr. REID. Mr. President, could we Campbell Inouye Miller 2004—CONFERENCE REPORT—MO- keep this vote open for a little extra Edwards Kerry Nelson (NE) TION TO PROCEED time, maybe an extra 20 minutes? We The motion was agreed to. Mr. FRIST. Mr. President, it is my need 30 minutes because we have a Sen- f ator who is 30 minutes away. I know it hope that we can go next to the De- NATIONAL DEFENSE AUTHORIZA- fense authorization conference report. is unusual to have a vote that long, but maybe this one time. TION ACT FOR FISCAL YEAR We have some Senators who may want 2004—CONFERENCE REPORT to make closing remarks, and then we The PRESIDING OFFICER. The mo- would like to adopt this important con- tion is not debatable. It would require The PRESIDING OFFICER. The ference report during today’s session. I a unanimous consent. clerk will report the conference report. think it is fitting that the Senate act Mr. REID. I withdraw any request I The assistant legislative clerk read on this measure today, on Veterans have. as follows: Day. The PRESIDING OFFICER. The The Committee of Conference on the dis- Having said that, I ask my Demo- question is on agreeing to the motion agreeing votes of the two Houses on the cratic colleagues if they are prepared to proceed to the consideration of the amendment of the Senate to the bill (H.R. to allow for a 3-hour debate limitation conference report to accompany H.R. 1588), to authorize appropriations for fiscal 1588. The yeas and nays have been or- year 2004 for military activities of the De- prior to a vote on adoption of the De- partment of Defense, for military construc- fense conference report. dered. The clerk will call the roll. tion, and for defense activities of the Depart- The PRESIDING OFFICER. The Sen- The assistant legislative clerk called ment of Energy, to prescribe personnel ator from Nevada. the roll. strengths for such fiscal year for the Armed Mr. REID. Mr. President, we have no Mr. McCONNELL. I announce that Forces, and for other purposes, having met, problem going to the conference report the Senator from Colorado (Mr. CAMP- have agreed that the House recede from its today. We do not need a vote on the BELL), the Senator from Nebraska (Mr. disagreement to the amendment of the Sen- ate and agree to the same with an amend- motion to proceed. We would go to HAGEL), and the Senator from Arizona ment, and the Senate agree to the same, that. We have our Congressional Medal (Mr. KYL) are necessarily absent. signed by a majority of conferees on the part of Honor winner, Senator INOUYE, who Mr. REID. I announce that the Sen- of both Houses. asked to be present when we vote on ator from Indiana (Mr. BAYH), the Sen- The Senate proceeded to consider the this conference report, and I think we ator from California (Mrs. BOXER), the conference report. should do that. He is somebody we all Senator from North Carolina (Mr. ED- (The conference report is printed in look upon as a hero, and he is doing WARDS), the Senator from Florida (Mr. the RECORD of November 6, 2003) veterans ceremonies in his State. We GRAHAM), the Senator from Hawaii The PRESIDING OFFICER. The Sen- have no problem debating the bill (Mr. INOUYE), the Senator from Massa- ator from Virginia. today. chusetts (Mr. KERRY), the Senator from Mr. WARNER. As chairman of the Mr. WARNER. Mr. President, will the Connecticut (Mr. LIEBERMAN), the Sen- Committee on Armed Services of the Senator yield? ator from Georgia (Mr. MILLER), and Senator STEVENS told me he would be Senate, together with my distinguished the Senator from Nebraska (Mr. NEL- back here at about 6:30. colleague from Michigan, the ranking SON) are necessarily absent. Mr. REID. We would be happy to member, we are proud to bring a con- I further announce that, if present have 4 hours of debate today, equally ference report on national defense au- and voting, the Senator from Massa- divided, and a vote on it early in the thorization for fiscal year 2004 for final chusetts (Mr. KERRY) and the Senator morning, but we would rather not vote passage. from Nebraska (Mr. NELSON) would on the matter today. I would be happy It is fitting that we consider this im- each vote ‘‘yea.’’ to offer a consent request that we portant legislation on Veterans Day, a The PRESIDING OFFICER. Are there would complete our debate on it today, day when our Nation pauses to honor any other Senators in the Chamber de- and vote on it, with maybe 5 minutes those who serve in the Armed Forces, siring to vote? equally divided, early in the morning, their families, and those who have gone The result was announced—yeas 87, at whatever time the leader chooses. before them, proudly defending our Na- nays 1, as follows: Mr. FRIST. Mr. President, we have a tion’s freedom. number of Senators who believe strong- [Rollcall Vote No. 446 Leg.] I was deeply moved earlier today by ly that we ought to go ahead and bring YEAS—87 the number of Senators on both sides this bill up, that we should debate it, Akaka Carper DeWine of the aisle who spoke out with a sense and that on Veterans Day we should Alexander Chafee Dodd of reverence and respect on this Vet- Allard Chambliss Dole have that opportunity to vote on that Allen Clinton Domenici erans Day, November 11, 2003. bill, if at all possible. Therefore, I will Baucus Cochran Dorgan This bill provides much needed bene- not agree to put the vote off until to- Bennett Coleman Durbin fits to those now serving, and their Biden Collins Ensign morrow. We will be bringing it to the Bingaman Conrad Enzi families, in the Armed Forces, as well floor, and I think then we will have dis- Bond Cornyn Feingold as addressing longstanding needs of cussion, debate today, on this Veterans Breaux Corzine Feinstein military retirees and veterans. This Day. We will see how it goes, and we Brownback Craig Fitzgerald has been an unusually interesting and Bunning Crapo Frist may or may not be voting later to- Burns Daschle Graham (SC) somewhat lengthy conference. In my 25 night. Cantwell Dayton Grassley years, I think Senator LEVIN and I

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.057 S11PT1 S14418 CONGRESSIONAL RECORD — SENATE November 11, 2003 would indicate that it was quite a chal- This staff worked long hours and on the sacrifices of World War I—the lenge, but I commend the distinguished helped Members reach the agreements enormity of the casualties this Nation chairman of the House Armed Services that are contained in the conference suffered in that war. I am always espe- Committee, Mr. HUNTER, his colleague, report before us. It is always a chal- cially proud of my father, a young doc- the ranking member, the gentleman lenge to the staff when it comes to con- tor who served in that conflict in from Missouri, Mr. SKELTON, and above ference. They are always ready to step France, in the trenches, and cared for all my own partner of these 25 years, up and accept that challenge and help the wounded. Senator LEVIN. us produce this conference report. We are blessed to have this new gen- We had many challenging issues to I believe it is a strongly bipartisan eration of great Americans, so com- resolve. Among them, of course, the bill that serves the best interests of the mitted to American traditions, values, base closure issues commonly referred men and women of our armed services and ideals, carrying on the traditions to as BRAC; another category of provi- and of our Nation today. I urge its of those who preceded them, with equal sions with regard to trade commonly swift passage to my colleagues. dedication, with equal valor. Without a referred to as Buy America, and the As we stand here today beginning doubt, the U.S. military is the most ca- concurrent receipt issue which was pio- this conference report debate, hundreds pable military force in the world today. neered in the Senate both last year and of thousands of soldiers, sailors, air- We don’t say that boastfully; we say it again this year. men, and marines, active and reserve, factually. It is a model of excellence We did resolve these issues. I say guard, and countless civilians who have and the standard by which others are ‘‘we,’’ because, again, it was a partner- worked for many years in the Depart- measured. The provisions in this con- ship of the four of us working together ment of Defense and who support the ference report sustain and improve on for these several months. I am proud troops—they collectively are serving that excellence. that we achieved our goals of con- bravely around the world, from the Throughout its history, America has cluding a conference which sent a Persian Gulf region in Afghanistan, to never gone forward from our shores, in strong message of support to our men Europe, North Korea, and on down as harm’s way, to try to take the land, and women in uniform and their fami- far as Australia, New Zealand, and that the possessions from others. There lies, wherever they are in the world part of the world. All Americans are have been instances where we have had today. justifiably proud of what the U.S. to occupy for a period. But by and An undertaking of this magnitude is Armed Forces and their coalition part- large, we have always gone, and most ultimately a bipartisan effort. I am ners have accomplished in Iraq, Af- certainly in two of these conflicts proud in my many years on the com- ghanistan, and in the global war on today, the two principal ones—Iraq and mittee, together with Senator LEVIN Afghanistan—we are there solely in the we have carried on the tradition of our terrorism. It is far from over. But cause of freedom. predecessors, Senators Nunn and Tower never let it be said those in uniform We must send a strong message of and Goldwater and Stennis and Jack- and their civilian counterparts have support to these men and women in son. These were men of enormous dis- not done their duty. We are ever mindful the defense of uniform serving on the distant posts tinction. We are proud to have that our homeland begins on the distant throughout the world, indeed the bat- reputation as a committee. It prevails tlefields. They are bravely protecting to this day and I hope on into the fu- battlefields. To the extent that we can our Nation here at home. By passing ture. contain the threats on those battle- I especially thank those who worked fields or those areas which are not bat- this important legislation today, we with me, all the members of the com- tlefields but are potential battlefields, send that message. This conference re- mittee, not only my distinguished the less likely that we would experi- port contains much deserved pay and ranking member but the chairmen of ence a problem here at home—as we benefits for military personnel and the subcommittees and their ranking reverently refer to 9/11 in our history. families, much needed increases in members. They all put in tireless ef- As we begin this debate, we must family housing and quality of life forts to make this bill possible. It is pause and remember that military suc- projects on military installations, as probably one of the largest, if not the cess is not achieved without sacrifice. well as prudent investments in the largest money bill passed by the Sen- Thankfully, Operation Iraqi Freedom equipment and technology our military ate, in terms of authorization. I readily and Enduring Freedom were remark- needs to successfully counter future salute and thank them for their many ably swift in terms of days, weeks, and threats. We must always be looking, hours of work to make it possible. months. But no matter how well con- not 1 year, not 2, but decades in the fu- No committees succeed without a ducted those operations were, and are ture, to try as best we can to ascertain dedicated professional staff. I think the continuing, military victory does not what is the threat to freedom here at staff of the Armed Services Committee come without sacrifice and loss. We ex- home, to freedom abroad, and to fash- is envied throughout the Senate, again, tend our heartfelt sympathies to the ion those weapons to enable the Armed for its bipartisanship, for its long hours families and loved ones of those who Forces of the United States, together and, in many instances, for its original have lost their lives in these operations with coalition forces with which we thinking which Members accept and in- and in other military operations to have fought in World War I and World corporate into their legislative cre- make America and the world safe. War II and on the battlefields of Korea ations. I also pause to say we think foremost and in the battlefields today, to give I especially want to recognize the ef- about those who have given their lives, those weapons to those brave persons forts of the staff director of the Armed but many have given their limbs. They to use them in the cause of freedom. Services Committee, Mrs. Judy Ansley, have bodies which have been wounded. The conference report also makes and the Democratic staff director, Those wounds, in some instances, are significant improvements in the bene- Richard DeBobes, veterans of many carried for the rest of their lives. So let fits for disabled veterans, as well as an years on the staff of Armed Services. us keep in mind those who suffer the important new benefit for members of Mrs. Ansley was my staff director when scars of war and those families which the Reserve component who play such I was ranking member of the Intel- lovingly nourish and care for them and an important role in our national secu- ligence Committee. She is an extraor- will in the years to come. rity. dinarily accomplished woman who We mourn the loss of all of our sol- When I use the word ‘‘Reserve,’’ I in- proudly but humbly holds the title of diers and resolve to forever remember clude the reservists equally as the Na- the first woman in the history of the their service. In this month of Thanks- tional Guard. Sometimes it is a con- Senate to be the chief of staff of the giving it is especially appropriate that fusing term for those who are listening. Armed Services Committee. They have we give thanks to those who serve and By no means do I exclude either the led a great staff of their subordinates, have served their Nation with distinc- Guard or Reserve. It is a total force. all of whom deserve—I wouldn’t say tion throughout its history. I remember so well when I was privi- equal credit, but nearly equal credit to I wear the poppy in my lapel today. leged to serve in the Pentagon as Navy the staff director and the Democratic It is now distributed all across America Secretary when Melvin Laird, the Sec- staff director. for veterans organizations. It reflects retary of Defense at that time, coined

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.063 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14419 the idea of having a ‘‘total force’’ and combat-related disabilities—so-called fleet with new aircraft through a lease to discontinue the draft. It was a cal- Purple Heart Plus. It was really con- of no more than 20 KC–767 aircraft and culated risk, but we did it. It succeeded ceived right in this very Chamber by a a multi-year procurement of an addi- largely because there are many men number of individuals, including Sen- tional 80 aircraft. Extensive analysis and women of the Armed Forces today ator LEVIN, Senator HARRY REID of Ne- by the General Accounting Office and who are proud to say, ‘‘We are volun- vada, Senator MCCAIN, and a number of the Congressional Budget Office indi- teers’’, or ‘‘all volunteers.’’ Fortu- other veterans who recognized that cated the multi-year lease pilot pro- nately, the National Guard and the Re- this was needed and that it was time. gram proposed by the Air Force would serve have established themselves as a That was a start. We called it a beach- be significantly more expensive than a strong and equal partner in this total head. I am very pleased we have been traditional procurement. After a hear- force concept. able to expand on that beachhead in ing before the Committee in September This conference report endorses the this conference report by extending the 2003, the Department was asked to ex- President’s budget request for defense special compensation for combat-re- amine alternatives where a fewer num- in fiscal year 2004. And I wish to com- lated disabilities to military retirees ber of aircraft were leased, with the mend the President and the Secretary with disabling conditions due to com- rest of the 100 aircraft purchased under of Defense and all of those who pre- bat or combat-related operations, and a multi-year procurement program. pared this budget that came to the by phasing in full concurrent receipt This examination confirmed that the Congress. It is largely incorporated in over 10 years for those retirees with fewer aircraft leased and the more air- the conference report before us today. disabilities rated at 50 percent or craft purchased, the greater the sav- That report continues the momentum greater. This is a major step forward. ings. These findings have resulted in a of recent years in making real in- I remember the day when there were conference agreement that will give creases in defense spending to sustain three Senators standing right there in the Armed Forces the modern equip- readiness, enhance the quality of life of the well—Senator REID of Nevada, my ment they need, but will save the our military personnel and their fami- distinguished ranking member, Sen- American taxpayer over $4.0 billion lies, modernize and transform the U.S. ator LEVIN, and myself—and at that over original proposals. This is a win Armed Forces to meet current and fu- time the Senate bill had a concurrent for the Air Force and a win for the ture threats, and take care of our retir- receipt provision in it; the House bill American people. ees and veterans. did not. By voice vote, we passed that The civilian personnel system of the The conference report before us pro- amendment and put it in this bill. By Department of Defense has been in vides $401.3 billion for defense, includ- virtue of that action—not just the need of reform for some time. The Sec- ing $74.2 billion for procurement, $63.4 three of us; I happened to be here at retary of Defense had the vision to de- billion for research and development, that moment, but many others who termine that this had to be revised sub- and $114.4 billion for current readiness. had worked this issue—that was the be- sequent to the just earth-shaking, dra- This is in addition to the $65.5 billion ginning, that was the engine that fi- matic event of 9/11. He made a very for the Department of Defense con- nally drew this train out of the barn strong personal effort to achieve it, tained in the supplemental we just and down the tracks to where we are and I think this bill reflects upon his passed to sustain our forces in Iraq and today. I think it is a successful great credit and tenaciousness and Afghanistan and elsewhere in the world achievement. And many in this Cham- those of his colleagues. during fiscal year 2004. This conference ber made it possible. The Senate had We have included provisions in the report will authorize the Department’s that provision in its bill. conference report that will provide ex- portion of the supplemental. With respect to the controversial pansive new civilian personnel authori- I once again commend the very brave ‘‘Buy America’’ provisions, I believe ties for the Department of Defense. I and courageous and determined Presi- the conferees reached a balanced com- am pleased we were able to provide the dent of the United States in going to promise that shows our support for a Secretary of Defense with the in- the American people and saying these strong U.S. industrial base without un- creased flexibility necessary to allow funds are necessary not only to protect dermining our important defense co- the DOD to respond to the new threats our freedom but the freedom of peoples operation and defense trade relation- of the new century and the demands of throughout the world wherever we can ships with our allies. the war on terrorism. While providing work with our coalition partners in The conference agreement also re- the new authorities, the conferees were achieving those goals. moves several unnecessary barriers to sensitive to the concerns and the rights There are many provisions of this re- defense trade which are contained in of the vital civilian employees of the port that are important and of which I current law. The ‘‘Buy America’’ provi- Department of Defense. I have spoken am very proud. I want to highlight just sions have the full support of all rel- on this floor many times, and rarely if a few. evant agencies and the administration. ever have I omitted direct reference, First and foremost is the 4.1 percent The final version went through many because they are teammates—full pay raise for the men and women in iterations. teammates and partners—to the men uniform, and the extension of special I commend the Director of the Office and women who serve in uniform. imminent danger pay, family separa- of Management and Budget who, work- The establishment of a national secu- tion allowances, and other benefits for ing with the Chief of Staff of the White rity personnel system which is author- those in harm’s way. We are asking a House, put this bill together in final ized in this conference report gives the lot of our men and women in uniform form at the request of myself and oth- Secretary of Defense the flexibility he and their families in these challenging ers. With the President’s goals clearly needs to manage the current civilian times, and they have never failed to re- in mind, this revision was incorporated workforce and to transform—and I un- spond. Their pay raise and extension of in this conference report. derline the word ‘‘transform’’; it is es- combat benefits contained in this con- My colleagues and the distinguished sential. The Secretary of Defense has ference report signal our strong sup- chairman of the House Armed Services been unfailing in his efforts to look port to those troops and their families. Committee did a great deal of work on into the future and to transform the For years, we here in Congress have this provision. He was tenacious in his Department of Defense to meet those been grappling with how to resolve the desire to see that this bill contained changing threats that are on the rise problem with concurrent receipts—an provisions important to the preserva- and needs to do so to manage his work- inequity that many use in our com- tion of our industrial base, and those force for the future while providing ap- pensation system for disabled military goals were achieved at the same time propriate protections and appeals proc- retirees. By law, military retirees are in a manner that is consistent with our esses for the employees. prohibited from collecting both their goals as a nation of free trade. I recognize the very hard work of my hard-earned military pay and their dis- A part of this conference report of colleague, Senator COLLINS, my long- ability pay. Last year, we were able to which I am particularly proud is the time friend in the House, Congressman establish a new form of special com- provision which authorizes a program TOM DAVIS, and indeed Senator LEVIN, pensation for military retirees with to begin replacing our aerial tanker who, together with Senator COLLINS in

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.066 S11PT1 S14420 CONGRESSIONAL RECORD — SENATE November 11, 2003 the Governmental Affairs Committee, then yield to Senator JEFFORDS for his Reserve component has been activated, crafted a piece of legislation which was comments. TRICARE coverage that extends 6 largely drawn as a model to follow in Mr. WARNER. I readily accede to the months after release from active duty, this instance. We did not measure up to request of my full partner in working and extended TRICARE benefits on a all the goals in the Collins-Levin bill, on these matters for these 25 years. We cost-share basis for members of the Re- but, in fact, we in large measure will do that and that will accommodate serve components and their families achieved a number of the goals of that colleagues who are waiting to speak, if who do not have access to other health piece of legislation. you do not mind that the chairman was insurance coverage. Balancing the readiness needs of the rather lengthy in his remarks. It was The citizen soldiers of our Guard and Armed Forces with the critical need to important that be done. Reserve willingly place themselves in protect the environment is always a Mr. LEVIN. I may actually be harm’s way for their country. This is challenge and a risk. We have included lengthier than the chairman. the least we can do to recognize their provisions in the conference report to First, I thank the chairman for his courage and their patriotism. make modifications to both the Endan- brevity. I would then be happy before I These two provisions address the fun- gered Species Act and the Marine complete my remarks to yield to other damental needs of the men and women Mammal Protection Act which ensure Senators who may be waiting. Since I whom we now call upon and we called realistic training opportunities for our will be here all the time, I can com- upon in the past to serve our country military without unnecessarily endan- plete my remarks. in uniform. They have something else gering environmentally sensitive I am pleased to join the chairman of in common, as well. Both of these pro- areas. the Armed Services Committee, and visions were included in the conference There are many other important my dear friend, Senator WARNER, in report despite the veto threat from the items in the conference report that de- urging the adoption of this conference administration. On July 8th, the Sec- serve mention, from enhanced access to report. The conference on this bill took retary of Defense wrote to the con- TRICARE for certain Reserve compo- 147 days to conclude, making it the ferees to state that providing these nent members, and I particularly longest conference on a defense author- vital benefits to our veterans and to thank the distinguished Senator from ization bill in the history of our com- our Guard and Reserve would ‘‘drain South Carolina, who is a leader on this mittee. The agreement would not have resources from important programs issue. We needed increased spending for been possible without the strength and benefiting our military.’’ The Sec- our special operation forces to con- the perseverance of Senator WARNER. retary’s letter stated if the President is tinue investment in important home- This is a historic bill for another rea- presented with a bill ‘‘authorizing con- land defense initiatives. son as well. This conference report in- current receipt of military retirement The bottom line is this conference re- cludes two key Senate provisions that pay and veterans disability compensa- port is an extremely important piece of serve the fundamental needs of the tion benefits or expands TRICARE, legislation that provides the resources men and women upon whom we now then I would join other senior advisers to continue the global war on ter- call and upon whom we have called in to the President in recommending that rorism while safeguarding Americans the past to fight our Nation’s wars. he veto the bill.’’ here at home. It sustains the current These two provisions are the concur- As a matter of fact, as many will re- readiness of the Armed Forces and pro- rent receipt provision added by the member, the administration held up vides resources to prepare them for the amendment of Senator HARRY REID on the enactment of last year’s Defense future. the Senate floor and the TRICARE pro- authorization bill for several months This conference report sends a clear vision added by the amendment of Sen- and nearly stymied the bill because of signal to our citizens throughout the ator DASCHLE on the Senate floor. Sen- the administration’s opposition to con- world, to nations all over, that the ator WARNER’s strong support was in- current receipt proposals similar to the United States is committed to a strong strumental to the success on both of language included in this year’s bill. national defense and to the freedom so these issues. They simply could not The conference report before the Sen- richly deserved by nations throughout have been achieved without the sup- ate today contains both of these Sen- the world. More importantly, it sends a port of our chairman. ate provisions. This year, as last year, clear signal to our men and women in On concurrent receipt, the conference Senate conferees stood up for what uniform, from the newest private to report would phase in full concurrent they believed in despite the opposition the most senior flag and general offi- receipt of military retiree pay and vet- of the administration. This year, as cer, that they have the support of the erans disability compensation for all last year, we stood with America’s dis- Congress and of the American people. retirees with disability ratings of 50 abled veterans, we stood with Amer- I urge my colleagues to support this percent or greater. Currently, military ica’s Guard and Reserve. Unlike last conference report legislation that up- retirees who receive VA disability com- year, the House conferees agreed to go holds the President’s fundamental na- pensation have their military retired along with us. It was the right deci- tional security priorities and makes pay offset by the amount of their VA sion. I do not believe the President the right investments in future capa- disability compensation. The con- would have vetoed our conference re- bilities. It is imperative we send our ference report would also expand the port over these issues last year and I President, our fellow citizens, and the combat-related special compensation am confident he will not do so this world a message of resolve from the we enacted last year to reimburse all year. Congress—a national defense author- veterans for combat-related disabilities Again, I pay my respects to the ization conference report that provides for any retired pay forfeited because of chairman of our committee, because authority to our Nation’s leaders and the prohibition on concurrent receipt. even though, as always, he is generous our Armed Forces to protect our Na- I continue to believe it is unfair to in giving credit to others for provisions tion and our vital interests around the require our disabled military retirees in the bill, including his reference to world. It takes care of the troops, their to forfeit earned retired pay in order to Senator REID which he accurately families, and our veterans, who have receive VA compensation for their made, without his leadership these pro- all served so well in the defense of free- service-connected disabilities. Accord- visions simply would not be in this dom. ing to the Congressional Budget Office, conference report. All of our veterans I yield the floor. the conference provision on concurrent and all the men and women in our mili- The PRESIDING OFFICER (Mrs. receipt will benefit approximately tary are and should be in his debt for DOLE). The Senator from Michigan. 225,000 disabled retirees. his leadership in this and so many Mr. LEVIN. Madam President, I ask On TRICARE, the conference report other ways. the chairman if it might be all right, would provide enhanced access to This bill contains a number of other and Members of his side, as well as health care for members of the Guard important provisions for our men and other Members on this side, if I give and Reserve and their families, includ- women in uniform. These include pro- my remarks—they are fairly lengthy— ing TRICARE coverage that begins visions that would increase military and if I proceed for 5 or 10 minutes and upon notification that a member of the pay by 3.7 percent across the board,

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.069 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14421 with targeted pay raises for midcareer I am, however, quite displeased that our Nation’s natural environment. personnel, raising the average increase the administration insisted on asking Many species, including the bald eagle, to 4.1 percent. for language in this bill exempting the the symbol of the United States, sim- It extends increased imminent dan- Department of Defense from provisions ply might not be in existence today ger pay and family separation allow- of the Endangered Species Act and the other than for the ESA. Each year, ances, authorizing a high tempo allow- Marine Mammal Protection Act. since 1999 the annual list of endangered ance of up to $1,000 per month for ac- First of all, the Defense authoriza- plant and animal species has exceeded tive and Reserve personnel who experi- tion bill is not the proper place to have 1,200. ence unusually high tempo. It doubles this debate. Discussions about these The grizzly bear, eastern cougar, big- the death benefit to $12,000. It author- landmark environmental laws ought to horn sheep, whooping crane, American izes survival benefit plan annuities for take place in the broader context in crocodile, and five species of sea turtle surviving spouses of Guard and Reserve our environmental protection legisla- are some of the more recognizable personnel who die during inactive duty tion. However we made a good effort at mammals, birds, and reptiles that are training. crafting compromise legislation in the endangered but have been protected It removes skill requirement limita- Senate bill. I was quite distressed that and need protection. tions for reenlistment bonuses for the House conferees refused to go along The ESA protects these animals and members who reenlist in Afghanistan, with this reasonable approach. their habitats, and the hundreds of Iraq, or Kuwait. It authorizes full re- In the 1950s, I was a gunnery officer other animal and plant species that are placement for household goods lost or on the USS McNair, a destroyer that threatened or endangered across the 50 damaged during military moves. It ex- participated in operations off the coast States. This past May, the Senate pands commissary use privileges for of Lebanon and had participated in ac- stood up for the ESA—the Endangered Guard and Reserve members and their tions to train our men in the service. Species Act—and changed the provision families. It provides supplemental im- I retired from the Naval Reserves as of the DOD authorization bill. We did pact aid to assist schools with large a captain. I am a veteran, and I am that. We did our job. A majority of the numbers of children of military fami- also an environmentalist. The two are Senate adopted an amendment to keep lies. not mutually exclusive. a balance between the needs of the De- I am pleased the bill would increase I understand firsthand that to be ef- partment of the Interior to protect spe- authorized active duty end strength for fective in the field, our soldiers, ma- cies under the ESA and the Depart- the Army. rines, pilots, and sailors must have the ment of Defense’s need to give our men Madam President, I now ask unani- best possible training. I also under- and women in uniform the best and mous consent that I be able to yield to stand that our country has an invalu- most realistic training possible. The amendment required the Sec- our good friend from Vermont, and able natural environment that we must retary of the Interior to make a writ- then I would offer others the oppor- protect as best we can. ten determination that the manage- tunity to follow him if they wish. I can As part of the 2004 Department of De- ment activities identified in the complete my statement at a later time. fense authorization bill, the Depart- INPRM would effectively conserve the The PRESIDING OFFICER. Without ment of Defense submitted the Range species within the lands covered by the objection, it is so ordered. Readiness Preservation Initiative. plan, and the plan assured that ade- The Senator from Vermont. The RPPI created broad statutory Mr. JEFFORDS. Madam President, I exemptions for ‘‘training activities’’ of quate funding would be provided for the management activities. thank the Senator from Virginia, Mr. the DOD from five environment and re- The day after that vote, the Senate WARNER, and the Senator from Michi- source laws: the Clean Air Act; the overwhelmingly passed S. 1050, only to Comprehensive Environmental Re- gan, Mr. LEVIN, for the good work they have its will overturned in this con- sponse, Compensation, and Liability have done in crafting this important ference report. Supporters of the ESA Act; the Resource Conservation and piece of legislation. exemption in this conference report Recovery Act; the Endangered Species Mr. WARNER. Madam President, will will argue that the Pentagon’s hands the Senator indulge the manager for a Act; and the Marine Mammal Protec- are tied when military training comes moment to make an inquiry? tion Act. into contact with critical habitats of All of these laws, with the exception Mr. JEFFORDS. Please do. endangered species. Mr. WARNER. To accommodate of the Marine Mammal Protection Act, This is not the case. As I stated ear- other Senators, I ask the Senator fall under the jurisdiction of the Envi- lier, exemptions exist under current about how much time he wishes to ronment and Public Works Committee, law. In this conference report, the ex- speak. of which I am the ranking member. emption of DOD from the critical habi- Mr. JEFFORDS. I say 5 or 6 minutes. The EPW Committee held hearings tat designations of the ESA will not Mr. WARNER. Ten minutes. on this proposal, in this Congress and allow for case-by-case decisions and Mr. JEFFORDS. Fine. in the 107th Congress, and found that will make it give the Pentagon a waiv- Mr. WARNER. We may have dif- the provisions of this proposal were un- er from endangered species protections, ferences of views, but it is important. necessary because the DOD had author- even when more conservation-friendly Mr. JEFFORDS. I thank the chair- ity for seeking exemptions from these options may exist. man and also Mr. LEVIN, the Senator laws for national security reasons The ESA provision in this conference from Michigan, for the good work they under existing law. report provides no assurance that the have done. I appreciate the hard work In particular, section 7–J of the ESA INRMP will provide conservation bene- that goes into these issues which I will allows the law’s requirements to be fits to species. be discussing. waived, at the request of the Secretary There is no definition about the kind This bill provides important support of Defense, for national security con- of benefit that needs to be included in for the men and women of our Armed cerns. the plan or a requirement that the ben- Forces who are subject to hostile at- To date, no Secretary of Defense has efit be in some way equal to a critical tack while attempting to bring sta- ever needed to utilize this provision of habitat designation. bility and democracy to the people of the ESA. Despite this, the DOD author- Critical habitat designations are in- Iraq. ization bill reported by the Armed tended to protect habitat, address habi- While I was strongly opposed to the Services Committee contained a provi- tat threats and pave the way for future invasion of Iraq, I believe that this De- sion amending the ESA to provide that recovery of the species. None of those fense authorization bill is very nec- an Integrated Natural Resources Man- requirements are contained in the word essary. If I had my way I would have agement Plan prepared by the Depart- benefit. I can only hope that is how the changed some of its provisions, but on ment of Defense could take the place of Secretary of the Interior will define balance the Senate negotiators have a critical habitat designation on DOD benefit in the written determinations done a very admirable job of crafting lands. required under this new language. an acceptable compromise on most of The Endangered Species Act has dra- In addition, this conference report the defense issues. matically protected the diversity of weakens the protections for marine

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.072 S11PT1 S14422 CONGRESSIONAL RECORD — SENATE November 11, 2003 mammals. The conference report pro- And to the individual, they were con- lieve at this time if we go from side to vides a weaker definition of ‘‘harass- sistent in their urging that the Endan- side, would that be agreeable to the ment’’ of marine mammals that is the gered Species Act be changed in such a Senator from Illinois? Could I inquire trigger for needing a Marine Mammal way to permit—and this is the key— of the Senator from Texas the amount Protection Act authorization from the only this amendment to apply to Gov- of time he desires to speak. National Oceanic and Atmospheric Ad- ernment-owned land on military res- Mr. CORNYN. If I may have 10 min- ministration and the Fish and Wildlife ervations. I remember that. But does utes. Service. This weaker provision is ex- he recall the committee having taken Mr. ALLARD. Madam President, I tended beyond military readiness to ‘‘a action? would like to have an opportunity to scientific research activity conducted I think if you look back through speak. by or on behalf of the Federal Govern- your words, I listened very carefully. Mr. WARNER. Then I ask unanimous ment.’’ These activities do not have to Mr. JEFFORDS. Madam President, I consent that the Senator from Texas be necessary for military readiness. will get back to the Senator from Vir- have 10 minutes and the Senator from Also, the requirement under the ginia on that and provide him the in- Illinois have 10 minutes, and that is to MMPA that any takings of marine formation. I can’t articulate it specifi- be followed by the Senator from Colo- mammals be limited to ‘‘small num- cally right now, but I will get back to rado for 10 minutes. bers’’ of marine mammals, or limited him with that information. Mr. ALLARD. I appreciate that. to a ‘‘specified geographical region’’ Mr. WARNER. I thank my friend. The PRESIDING OFFICER. Without where similar impacts are to be ex- Mr. LEVIN. Madam President, if the objection, it is so ordered. pected has been removed. Another chairman will yield on that point. The Senator from Texas. weakening of protections for species. The PRESIDING OFFICER. The Sen- Mr. LEVIN. If the Senator will yield, My reasons for concern over the de- ator from Michigan. Senator AKAKA has been here as well. gree of DOD sensitivity to environ- Mr. LEVIN. My recollection is that Perhaps after the Senator from Colo- mental dangers has been heightened by on the Senate floor we did add a sig- rado, then the Senator from Hawaii my recent work on behalf of Marines nificant protection, a criteria before would be recognized for 15 minutes. and their families from Camp Lejeune, the Endangered Species Act would be Mr. WARNER. Absolutely. North Carolina. ignored. That was under the Lauten- Mr. LEVIN. If we could add that. Thousands of retired and ex-Marines berg amendment that we would require The PRESIDING OFFICER. Without and their families were exposed to there be a conservation benefit pro- objection, it is so ordered. highly contaminated drinking water vided as well as adequate funding pro- The Senator from Texas. over 20 years ago for long periods. It is vided if the Department of Defense was Mr. CORNYN. Madam President, I ex- now coming to light that this contami- going to proceed. tend my thanks and appreciation to nation caused many birth defects and The Senator from Vermont’s recol- the Senator from Michigan for yielding childhood cancers. The extent of this lection relative to the committee per- and allowing me to say a few words tragedy could have been significantly haps refers to what we did on the Sen- during his comments. Particularly I lessened if the DOD had been more sen- ate floor, which he also referred to in express my appreciation to the chair- sitive to environmental concerns. his remarks, where we did add impor- man of the Armed Services Committee, Therefore, I think it is a mistake to tant protection that was missing when the distinguished Senator from Vir- allow the Department of Defense to the bill came to the floor, but a very ginia. The manner in which we have regulate its own environmental activi- close vote on the floor added that pro- seen them navigate the traffic jam ties. tection. here on the floor this afternoon on this When an endangered species becomes Mr. JEFFORDS. That is correct. important legislation is indicative of extinct, it is lost forever. That is a That protection was added. the cooperative and collaborative ef- very serious and eternal consequence of Mr. LEVIN. I am not sure if that is fort that both the ranking member and poor, shortsighted environmental pol- what the Senator was referring to. the chairman have demonstrated icy. National security is more tightly Mr. WARNER. I listened to the rank- throughout this lengthy process of rec- tied to environmental security than ing member, the Senator from onciling not only coming up with a bill many in the Pentagon would acknowl- Vermont. The ranking member said but reconciling the differences between edge. We cannot afford to try out a bad that the committee decided thus and the House and Senate on this impor- policy when the consequences are ir- so. I don’t recall an action having been tant legislation. revocable. taken by the committee on which I am I rise to say a few words about the I am opposed to changing the present privileged to serve with my distin- Defense authorization conference re- requirement that DOD be concerned guished colleague. port that is before the body today. On with both our national security and Mr. JEFFORDS. I will get back to Veterans Day in 1954, President Eisen- our environmental health. Because of you on that. hower called upon all Americans to not my deep concern over these provisions, Mr. LEVIN. Again, if the Senator only remember the sacrifices of those I must vote against this legislation. will yield, I think actually in the com- who fought so valiantly but to rededi- I yield the floor. mittee we were unable to do what the cate themselves to the task of pro- The PRESIDING OFFICER. The Sen- Senator from Vermont had actually moting an enduring peace. ator from Virginia. urged us to do and which I totally Today, almost 50 years later, we re- Mr. WARNER. Madam President, I agree with. I thank him for his com- call the dedication of all our veterans listened carefully to my colleague. I ments, which I share. as we honor them on Veterans Day have the privilege of having served on I reach a different conclusion on how 2003. We take this time to honor them the Environment and Public Works I will vote on the whole bill because of because they gave so much to all of us Committee for many years. The Sen- the other provisions in it, but I happen and to say a prayer for the men and ator referred to action taken by the to agree with him in terms of his anal- women laboring overseas even now to committee when this issue was before ysis on the Endangered Species Act and spread the light of freedom to a land it. Could he be more specific? I don’t on the Marine Mammal Protection Act that was previously cloaked in dark- recall. He said the committee took cer- and the damage that I believe we have ness. tain actions. I am having difficulty re- needlessly done to those statutes when We must always remember the old calling that the committee took an ac- we could have done some things which adage which is still true that freedom tion. would have protected both the environ- is not free but was bought and paid for We had a hearing. I remember con- ment and the training of our forces. by the sacrifices of generations that sulting with my colleague about the es- But in any event, I think that prob- have gone before us and, indeed, even sential need to have the Vice Chiefs of ably is what the Senator from Vermont the present one. Staff of all the three military depart- is referring to, although I am not sure. I can’t help but think about my own ments which came before the Environ- Mr. WARNER. Madam President, he father when I think about the sac- ment and Public Works Committee. has offered to clarify the record. I be- rifices of generations that have gone

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.033 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14423 before, because he was a member of Guard, are all doing a tremendous job done. But the difference our Armed that greatest generation who at a fighting the war on terror. So I am es- Forces have made in such a short time young age flew in the Army Air Corps pecially glad to see that this bill pro- is undeniable. in a B–17 over Nazi Germany. On his vides for an average pay raise of 4.1 Less than a year ago, the idea that 13th mission, he was shot down and percent, provides enhanced access to the Iraqi people could ever live in free- captured by the enemy and imprisoned TRICARE for members of the Reserves, dom was nothing but a dream. Now the for 4 months in a German prison camp. and authorizes increased hostile fire vision of a free, prosperous, and peace- Later, when General Patton and his pay and family separation allowances ful Iraq is in sight. The day of thanks- troops came through and liberated him to continue. giving is not here yet, but it is coming. and his colleagues, my dad would re- When someone leaves their home to Thanks to the leadership of President turn to this country, to Corpus Christi, fight for the cause of freedom abroad, Bush and the professionalism and pa- Texas, where he met my mother and we know it affects not just that sol- triotism of our Armed Forces, and the where they married and raised a family dier, or that sailor, or that marine, or sacrifices of their families, it is coming and really became, as I said a moment that airman; it affects their entire soon. ago, what we have come to know as the community, it affects their friends, and One out of every 10 active-duty mili- greatest generation. We owe, indeed, it affects their families. So we must tary personnel calls Texas home. I am everything we have to the contribu- not think only of the service of the honored to represent them, along with tions and the preservation of our free- brave men and women who fight on the the senior Senator from Texas, Mrs. doms that they made. It is they and battlefield, but the sacrifices their HUTCHISON. I am proud—and I know we others like them who, since that time, families make at home. Of course we are both proud—of the work that has have fought in the cause of freedom must remember, above all, those whose been done on this Defense authoriza- that we honor today. loved ones will not be coming back, tion bill to serve their needs while en- I think it is altogether fitting that who paid the ultimate price so others hancing our national security. I wish we consider this bill on Veterans Day may live free. our brave men and women in uniform because it accomplishes great things I especially acknowledge the hard godspeed and look forward to the day for all of the members of our Armed work Chairman WARNER and the senior when these young men and women can Forces, both active and retired, as well Senator from Arizona did on the Boe- stand beside veterans of past wars as as their families. I have been amazed ing tanker lease. I believe they were living examples of selflessness and at how the senior Senator from Vir- able to achieve an excellent com- courage for the cause of freedom. ginia, Chairman WARNER, has navi- promise, one that will save the tax- Madam President, I yield the floor. gated this important legislation payers more than $4 billion. It is crit- Mr. WARNER. Madam President, I through the difficult conference com- ical that, while we allocate needed compliment the Senator from the Lone mittee process. I know it was not easy. funds to ensure our Nation’s defense, Star State, Texas, who rightfully can It has been my pleasure to work with we also spend the money in a careful take pride in his services on the Armed and learn from him during the course and fiscally responsible manner. I be- Services Committee. He was most elo- of my service on the Armed Services lieve they have accomplished that, and quent on behalf of the men and women Committee. we will accomplish that by approving of the Armed Forces, and indeed I ap- This legislation authorizes more than the bill today. preciate his comments. I thank the $400 billion in budget authority for de- Finally, I thank the conferees, and Senator. fense programs in fiscal year 2004. I particularly the leadership, the chair- I believe we are under an order to strongly believe it is our duty to en- man and ranking member, and others proceed to the Senator from Illinois. sure that the U.S. military has the re- who have worked so hard, for including The PRESIDING OFFICER. Under sources they need, whether it be the the bulk of the Military Citizenship the previous order, the Senator from Il- equipment, the facilities, or the train- Act, a bill I introduced, which will ex- linois is recognized. ing to do the job we have asked them pedite the naturalization process for Mr. WARNER. Madam President, to do, and to win the war on terror. nearly 37,000 men and women serving in first, may I say to the Senator that he In short, we must do whatever is re- our Armed Forces who are not U.S. has been working with me on a rather quired to maintain our military’s sta- citizens. It will reduce waiting times, serious problem in the military regard- tus as the greatest fighting force on waive normal fees, and require the Sec- ing a helicopter. I commend him on the face of the planet, even as we retary of Defense to enact a policy that taking those initiatives. transform the nature of that force to facilitates the opportunity for a mem- Mr. DURBIN. Madam President, I ex- face the challenges of the future. ber of the armed services to finalize press my gratitude to the chairman for I am proud of the work that has been naturalization, including the granting those remarks and also for his service accomplished here in terms of pro- of high priority for emergency leave to the Senate and the country. As viding an expanded entitlement to con- and transportation on military air- chairman of the committee, with his current receipt to include thousands of craft. I believe there is no better way able ranking member, Senator LEVIN of more veterans. I believe it is indeed a for us to honor the heroism and sac- Michigan, they have produced an ex- major step in the right direction. Our rifice of those who risk their lives for traordinary bill at an extraordinary veterans have more than earned this; our fundamental national values than time. they deserve it. I am glad this bill will to offer them a full opportunity to To think we are now appropriating expand the special compensation for enjoy the blessings of American citi- record amounts for our military de- the combat-related disabilities pro- zenship. fense is appropriate as America faces gram to include all veterans whose dis- In 1944, Winston Churchill spoke in an act of war in Iraq and Afghanistan abling condition was due to combat or the Royal Albert Hall to the veterans and literally commitments around the combat-related operations. of another war, and he reminded them world. I know this bill is controversial I strongly believe we are honor-bound of the great and just cause they served. in some respects. It includes in it a to keep our commitment to our men He said: provision which I urged in the earlier and women in uniform and that our debate on another bill. That is an in- We are joined together in this union of ac- crease in the combat pay and family support of them will not end when they tion which has been forced upon us by our leave active duty and go into retire- common hatred of tyranny. Shedding our separation allowance for those cur- ment. No veteran should ever be left blood side by side, struggling for the same rently in harm’s way, those involved in behind. I will continue to work in this ideals, until the triumph of the great causes fighting and waging these wars. body to make sure that Texas veterans, which we serve shall be made manifest. . . . I think that is the right thing to do. indeed all veterans, receive the bene- Then, indeed, there will be a day of thanks- This committee was doing the right fits they so richly deserve. giving, one in which all the world will share. thing by including it so our men and Our men and women in uniform, Coming up to the current time in women in uniform at least have some whether they be active duty or reserv- Iraq, of course, we know the fight is peace of mind that they know while ists, or members of the National ongoing and there is still much to be they are facing imminent danger, while

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.074 S11PT1 S14424 CONGRESSIONAL RECORD — SENATE November 11, 2003 they are separated from their families, 106th unit was activated to be sent provision was stripped out of the bill. we are going to try to give them addi- overseas, it was represented they were Many of the same Senators who have tional assistance. fully operational and ready to fight. In come to the floor talking about their I join the Senator from Vermont in fact, only 3 of the 14 helicopters had devotion to our veterans were not his earlier remarks. There are ele- the necessary equipment to defend there when we needed them to keep ments about this bill that trouble me. against shoulder-fired missiles. this provision in our conference on the I understand by his remarks that they When this was discovered, efforts $87 billion appropriations. were elements urged by the House con- were made to equip the other heli- I say to my colleagues on the floor, I ferees, not the Senate conferees. I hon- copters as they were being sent over- am going to offer this Reservist Pay estly agree with him. There is no rea- seas, with some success but not com- Security Act of 2003 again and again. son why we should ever have to sac- plete. In fact, once they arrived in Ku- To all my colleagues who stand proud- rifice our environment or the treasures wait in position to go into Iraq, further ly behind the men and women in uni- of nature to protect America. In those efforts were made by their com- form, let their votes reflect it. Let rare situations where national security manding officer, Colonel Palumbo, and their votes reflect that we will treat demands it, there is a law that allows others to make certain they had the our Federal employees as State and for it. But this bill, unfortunately, goes appropriate equipment. local government already treat their a step too far, allowing the Department During that period of time when own. That is only fair. of Defense, I am afraid, to have a waiv- equipment was being secured for these As America becomes more dependent er from environmental requirements helicopters, they were flying dangerous on the Guard and Reserve, it is only that is not necessary and, frankly, missions. It troubles me. First, they right and just that we stand behind not could endanger the environmental se- should not have been activated fully only the men and women in uniform, curity in the name of national secu- operational when they were not. It but their families so that their income rity. We could have done better. I hope should have been discovered at an early is sustained while they are serving our we address this issue in the future. point. Second, it troubles me that they country and risking their lives. There are two specific areas I would were flying on dangerous missions Madam President, I yield the floor. like to address that are touched by this without the necessary protective The PRESIDING OFFICER. Under bill, but not directly. They relate to equipment. the previous order, the Senator from the men and women who are currently I understand the requirement of war Colorado is recognized. fighting for this country and risk their sometimes makes those risks nec- Mr. ALLARD. Madam President, I lives even as we meet. It is appropriate essary, but considering what we know understand the Senator from Delaware on Veterans Day that we would be de- now about the shoulder-filed missiles has a comment. He is trying to catch a bating this bill. Our hearts go out to and the ordnance ammunition on the train this evening and wants to take 1 not only the men and women in uni- ground in Iraq, I think extra pre- or 2 minutes to comment. I ask unani- form, but to all their families who cautions should have been taken to mous consent that we let him speak, if worry and pray and hope the day will equip all of these helicopters before it is OK with the chairman. soon come when their loved ones re- they were put in harm’s way. Mr. WARNER. Madam President, I turn home. I trust that will be the standard to certainly want to accommodate our I worry about what is becoming of follow in terms of helicopters and that colleague from Delaware. He has been a the profile of America’s military be- literally all Guard and Reserve units stalwart on defense. He was a naval cause it is changing. This bill acknowl- will receive the necessary equipment, aviator when I was privileged to be edges it, but we have to continue to ac- the same equipment as Regular Army, Secretary of the Navy. I am happy to knowledge it. More and more we are before they are called into action. accommodate him, I say to my Senator dependent on the Guard and Reserve to That will be my standard and one I from Michigan. perform important military functions would like to hold this Department of Mr. LEVIN. I think we all appreciate of our Government. Defense to, in cooperation with this that accommodation. I ask that accom- Currently, about one out of every committee. modation be made without taking time five fighting persons in Iraq is a mem- The last point I wish to make is this: away from the Senator from Colorado. ber of a Guard or Reserve unit. With Several weeks ago this Senate consid- The PRESIDING OFFICER. Without the callup that is anticipated in just a ered an amendment I offered to the $87 objection, it is so ordered. few months, that percentage will billion emergency supplemental bill Mr. WARNER. Madam President, I change dramatically. Over 40 percent of asking the Federal employees who are inquire of my colleague from Delaware, the people on the ground in Iraq fight- activated in the Guard and Reserve be how much time does he desire? ing for America will be members of held harmless in terms of their salary Mr. CARPER. Two minutes. Guard and Reserve units. That is a dra- and income while they serve; that we Mr. WARNER. Take up to 5 minutes. matic departure from where we were at least provide for them as much The PRESIDING OFFICER. The Sen- just a few years ago in the Persian Gulf money from the Federal agencies they ator from Delaware. war when the Guard and Reserve are leaving as they would have made if Mr. CARPER. Madam President, I played an important, but limited, role. they had stayed home. thank the chairman, and I thank Sen- Now the Guard and Reserve play a This is not a radical idea. Dozens of ator LEVIN and my other colleagues much larger role. Senator WARNER of States, local units of government, and who graciously have given me a few Virginia alluded earlier to the concern private companies do this already moments. I have, about the equipment and treat- across America, but we don’t do it for We have been reminded during the ment of the Guard and Reserve who are Federal employees, despite the fact course of the Afghanistan war and the activated, particularly in light of the that of the over 1.2 million Guard and conflict in Iraq of the need for our abil- tragic incident just a few days ago Reserve people in America today, 10 ity to deliver large numbers of per- when an Army Chinook helicopter was percent work for the Federal Govern- sonnel, equipment, and weaponry to shot down, killing 16 of our soldiers. In- ment. Of those who are currently acti- the front. We deliver a lot of those cluded among them was the pilot Brian vated, 23,000 are Federal employees items by sealift, and we deliver a good Slavenas of Genoa, IL, who will be bur- called away from their jobs and away deal of it by air. Some 30 percent of the ied tomorrow. from their families and homes to serve equipment going into Iraq comes I looked into this and was concerned overseas. through Dover Air Force Base. The air- that the appropriate equipment had By a vote of 96 to 3, we accepted this craft that fly a lot of that equipment not been committed to this Guard heli- provision saying that, yes, the Federal are C–5As and C–5Bs. copter unit, a unit which comes from Government would treat our activated Several of us on the floor this both my State of Illinois and the Guard and Reserve employees the same evening have facilities that either have neighboring State of Iowa. as State and local governments already C–5s already operating out of them or What I learned after an extensive in- do. Then the bill went to conference. will. There is a provision that has been vestigation is that, in fact, when the Sadly, on a partisan rollcall vote that agreed to in this conference report

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.081 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14425 which I think is worth touching on be- Mr. LEVIN. If Senator ALLARD would tion which will do much to ensure our cause I think it is of critical impor- yield for 15 additional seconds. men and women in uniform are well tance. The issue is how do we best pro- Mr. ALLARD. I would be glad to equipped, well trained, and well pro- vide for cost-effective airlift in the 21st yield for 15 seconds. vided for. century. Mr. LEVIN. I commend the Senator The conference report before us au- We have created an air bridge be- from Delaware. His leadership on this thorizes $401 billion for the Department tween this country and other fronts, issue is what really led to the result of Defense and Department of Energy including Iraq and Afghanistan. The which was achieved, which he so accu- nuclear weapons programs. It also au- air bridge includes C–5As and B’s, it in- rately described. We have taken a log- thorizes multiyear incremental pro- cludes C–17s, and it includes C–130s in ical step. The House approach to it was curement funding for the Air Force’s the theater. C–5As were built in the surely the lift that was needed, but the planned acquisition of 100 tanker air- 1970s. C–5Bs were built in the 1980s, and Senator from Delaware added a great craft, which I will discuss in greater the C–17s are literally being built deal to it and brought to our attention detail momentarily. today. The C–130s, some are old and repeatedly this issue. I am glad the re- The first priority of this bill is to ad- some actually quite new. The C–5As sult is as satisfactory as it is. dress many of the quality-of-life issues that were built in the 1970s are believed The PRESIDING OFFICER. The Sen- facing our troops today. It includes an to have a useful life on their wings and ator from Colorado. average 4.1 percent pay increase and their fuselages for probably another 40 Mr. ALLARD. Madam President, I provides higher targeted raises for years. The same is true of the C–5Bs thank the Chair and note in a public midcareer service members. The agree- which are somewhat newer than the C– way that it is an honor and privilege to ment also expands the benefits pro- 5As. serve with the Chair on the Armed vided for disabled military retirees. The House of Representatives had Services Committee. I think it is en- Veterans who are more than 50 percent language that said that before we re- tirely appropriate that the Chair is disabled or receive their disability dur- tire indiscriminately, prematurely, C– having an opportunity to preside in the ing combat operations will now be able 5As, we should allow a process to go Senate at the time when we have this to currently receive retirement pay forward which was agreed to in the ear- important legislation affecting the and disability compensation. lier Defense authorization bills. In armed services personnel. The Chair is On top of this, the bill authorizes cer- those earlier Defense authorization a hard worker on the Armed Services tain special imminent danger and sepa- bills, we said we wanted the Air Force Committee. ration pay through next year. I support to install avionics modernization pack- I rise to discuss the conference report these benefits and believe they will ages in three C–5s, along with for fiscal year 2004, the Department of greatly assist those who are coura- reengining three C–5s, the hydraulic Defense authorization bill. Before I dis- geously serving our country. systems, new landing gear systems, cuss those provisions that I think de- Now I will turn to provisions in this new engines in one C–5A and two C–5Bs, serve this body’s attention, I believe it bill relating to our country’s military and before we retire prematurely any is important to note how difficult this service academies. Since last January, more C–5As we should first go through particular conference was. I have been heavily involved in ad- that process on those three planes and In fact, it is only because of the pa- dressing the allegations of sexual as- flight test them in order to find out if tience and perseverance exhibited by sault at the U.S. Air Force Academy. those changes to the aircraft actually the distinguished senior Senator from This fine institution, which has pro- raise the aircraft readiness perform- Virginia that we even have an author- duced thousands of outstanding Air ance of C–5As and C–5Bs. ization bill. Senator WARNER has Force officers, has been seemingly be- I thank the chairman and Senator worked tirelessly over the last 4 sieged by a culture of indifference. LEVIN for agreeing to the House lan- months to come up with a compromise Over the last 10 years, dozens of fe- guage, so that now we will go forward. bill that this body could approve. He male cadets have been sexually as- The Air Force will have the oppor- acted with integrity and poise despite saulted but only a few have reported tunity to install both the avionics the difficulties. I commend him for his the crime and even fewer have received modernization package and the efforts and thank him for his commit- the kind of support and assistance reengining package in one C–5A and ment to the Armed Services Com- needed to overcome such a traumatic two C–5Bs. The Air Force will have a mittee and to our men and women in experience. chance to fully test those packages be- uniform. In fact, some victims said they were fore we retire any additional C–5As. I believe it is appropriate for this punished for reporting a sexual assault There is report language in the Sen- body to consider this important legis- and many feared they would be pun- ate version of this bill that also says lation today. The soldiers, sailors, air- ished if they did report the crime. we need to update our estimate for men, and marines who have kept this Nearly 65 female cadets came to my of- what we need for airlift going forward country free and preserved the peace fice and met with me and my staff. I in this 21st century. I think when we are owed a debt of gratitude by all oth- cannot express enough my admiration take that language and put it with the ers who have the privilege of living in for their willingness to tell their sto- provision that says we are not going to America. ries and for their determination to prematurely retire any C–5As beyond We in America are blessed with free- change the climate at the academy. the initial 14 that have been earmarked doms unattainable in any other coun- I have also been very pleased by the for early retirement, that gives us a tries, rights inconceivable elsewhere, Air Force’s response to these allega- very good package and one that I think and liberties guaranteed by our way of tions. Immediately after I notified the enables us to better determine how do life. Our grandfathers fought in World Air Force, Secretary Roche and Gen- we cost-effectively provide airlift in War I hoping their sons would never eral Jumper ordered a comprehensive the 21st century. have to. Our fathers again fought in investigation. This investigation dis- Again, I express my thanks to the World War II, Korea, and Vietnam covered a systemic lack of coordina- committee and to our friends in the keeping the same hope alive. We have tion of activities and information, in- House for agreeing to this compromise. recently fought in Iraq, Somalia, adequate command involvement, con- I think it is a good position for us, for Kosovo, Afghanistan, and now again in siderable cadet reluctance to report the Air Force. I think it is a very good Iraq. We hope that as we battle the war sexual assaults, and failed gender cli- position for us who are interested in against terrorism, we can see the end mate surveys. trying to find out how do we provide of war as we know it and never have to The investigation led to the Air cost-effective airlift in the 21st cen- send our sons and daughters into Force’s agenda for change, new leader- tury. harm’s way again. ship at the academy, and a renewed Again, I thank my friend from Colo- Until that time, though, the least we emphasis on sexual assault prevention rado, Senator ALLARD, for yielding and can do to respect their service is honor and response. Earlier in the year, Con- the chairman and ranking member for them on Veterans Day. The least the gress also created an independent panel allowing me to speak these words. Senate can do is approve this legisla- to look into these allegations. That

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.083 S11PT1 S14426 CONGRESSIONAL RECORD — SENATE November 11, 2003 panel, headed by former Congress- conference report authorizes $9.1 bil- Mr. LEVIN. And perhaps Senator woman Tillie Fowler, found that Air lion for ballistic missile defense re- NELSON. Force headquarters needed to better search, development, and procurement. Mr. WARNER. I suggest our leader- oversee the activities of the academy, Specifically, the report authorized an ship, together with the managers of the that the board of visitors needed to be additional $100 million for ground- bill, consider that, following Senator more involved, and that the Depart- based mid-course system and $90 mil- COLLINS, then we could go into a period ment of Defense inspector general’s of- lion for the PAC–3 Patriot terminal of morning business and give Mr. BYRD fice should fully investigate the role missile defense system. the time he is seeking, and then Sen- former academy and Air Force head- With regard to improving the Depart- ators could come over as in morning quarters officials played in creating ment of Defense intelligence gathering business, speak on behalf of the bill, the climate that permitted these as- capability, the conference report re- and ask their statements be printed in saults. quires the Secretary of Defense to es- the colloquy prior to the unanimous Both the Air Force’s investigation tablish an intelligence, surveillance, consent request. and the Fowler Commission rec- and reconnaissance council to develop Mr. LEVIN. We are going to check ommended a number of important leg- a roadmap to fully integrate the ISR with Senator NELSON at this point to islative changes. I am pleased many of efforts of the military services. The re- see what his intention is. We believe these changes have been incorporated port also prohibits the National Im- Senator BILL NELSON wants to come to- in the legislation before us. For exam- agery and Mapping Agency from spend- night. Whether it is morning business ple, each service Secretary must now ing more than 10 percent of its com- or the bill, that should not be con- prescribe a policy on sexual assault mercial space imagery budget on other sequential although perhaps for some that promotes awareness of the crime, important but unrelated projects. reason it might be. I want to finish my informs cadets of procedures for report- Lastly, the conference report in- remarks also. Senator PRYOR we want ing, and describes procedures for dis- cludes a number of provisions that will to accommodate in the morning, as we ciplinary action. Perhaps more impor- greatly improve our ability to deter a have spoken about. Perhaps we can tantly, each service is now required to possible nuclear attack. One provision work all this out as Senator AKAKA has conduct an annual assessment on the repeals the ban on research and devel- the floor. Mr. WARNER. I have been notified effectiveness of the school’s sexual as- opment on low-yield nuclear weapons. Senator SESSIONS is on the way to sault program. Another requires the Secretary of En- These assessments will help academy ergy to achieve and maintain the abil- bring his important contribution to this bill. and headquarters leaders, as well as ity to conduct an underground nuclear At this time I ask those Senators the Board of Visitors of each academy, test within 18 months. Finally, the re- anxious to work with this tentative in their effort to measure whether port authorizes $21 million for advance agreement to so advise the managers. these programs are working. concept initiatives, of which $15 mil- The PRESIDING OFFICER (Mr. AL- The bill also includes a requirement lion is directed toward continuing a EXANDER). The Senator from Hawaii is for an Air Force study on the perma- study on the robust nuclear earth pene- recognized. nent professors and gives the Air force trator. Mr. AKAKA. Mr. President, I fully the authority to appoint a dean from I again wish to commend Senator support our men and women who have an expanded pool of candidates. WARNER, his staff director Judy served and are currently serving in our I would like to take a moment to Ansley, and the rest of his staff for Armed Forces. As the ranking member thank the chairman, Senator WARNER, their outstanding work on this con- of the Senate Armed Services Sub- for his assistance in addressing these ference report. I understand that this committee on Readiness and Manage- problems. From the beginning, Senator was one of the most difficult con- ment Support, I have worked with my WARNER worked with me to encourage ferences in which Senator WARNER has colleagues to ensure that our military the Air Force to appropriately respond ever had to participate. I was particu- members are provided with appropriate to these allegations. His interest and larly impressed by the way he ad- resources and equipment to success- dedication to fixing this problem were dressed the Air Force’s proposed lease fully accomplish their mission. I wish instrumental and invaluable. I have of 100 tanker aircraft. Like many other to state my appreciation for being a deeply appreciated his counsel and his Members, I was greatly troubled by the member of this committee, and to willingness to devote the Committee’s budget implications of this lease. Sen- thank the Senator from Virginia for time to this issue. ator WARNER’S compromise agreement his leadership. I commend the Senator As chairman of the subcommittee on will get the Air Force the tankers it from Michigan for his guidance and strategic forces with oversight over na- needs while saving the American tax- leadership as well, and I also wish to tional security space, strategic weap- payer nearly $4.0 billion. I supported thank my subcommittee chairman, the ons, ballistic missiles, and nuclear the compromise and see it as another Senator from Nevada, Mr. ENSIGN, for weapons, I would like to take some example of Senator WARNER’S deter- working with me on readiness issues. time to discuss some important provi- mination to do what is best for our I also commend the committee mem- sions in this conference report relating men and women in uniform. bers of both sides of the aisle, and also to these issues. Before I do so, though, I yield the floor. subcommittee members, for a job well let me first thank Senator BILL NEL- Mr. WARNER. I thank our distin- done. SON, the ranking member for the stra- guished and very valued colleague of I am delighted to work with the Sen- tegic forces subcommittee, for working the committee, Senator ALLARD, for ator from Maine, Ms. COLLINS, chair of so closely with me throughout the his remarks and his work on this bill. the Governmental Affairs Committee, year. While we did not agree on every Mr. ALLARD. I thank the Chairman. as we deal with some of these issues. provision, his assistance and contribu- It has been a delight working with him. I rise today, however, to express my tion helped make this a better bill. Mr. WARNER. Mr. President, the dis- disappointment with the outcome of Let me now address several specific tinguished ranking member and I are the conference report on several issues. provisions. trying to work out accommodations for I am particularly concerned with the With regard to enhancing U.S. na- a number of Senators. The Senator DOD civilian personnel system. We tional security space capabilities, the from Hawaii will speak next, followed worked on this issue very hard in the conference report establishes a policy by the Senator from Maine. Senate Committee on Governmental that states that the Nation will have Mr. LEVIN. Senator BYRD is here and Affairs and came up with a bipartisan an assured space launch capability, has been waiting. I want to see if we approach that the committee endorsed promotes the development of an effec- can figure out how to accommodate with a 10-to-1 vote. Our approach would tive space cadre, and authorizes addi- also Senator DAYTON, I believe, to- have provided DOD important new tional funds for space control initia- night. flexibility to manage its workforce, tives. Mr. WARNER. Let me suggest the but it would have done so in a manner With regard to protecting our coun- following. I will not ask for unanimous that preserved important safeguards try from a ballistic missile attack, the consent. for DOD employees.

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.086 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14427 This balanced approach was sup- that has done so much for our national that units do not have the funds to pay ported by a substantial majority of the security for so long. for, which puts readiness in jeopardy Senate conferees. Unfortunately, we I am also disappointed by the out- and is a disservice to the men and understand that there was stiff opposi- come of the conference on environ- women that serve. I am pleased that tion from the House conferees and the mental issues. In the past, our com- this bill represents a slight improve- administration, which insisted that the mittee has worked on a bipartisan ment from the large reductions taken Secretary of Defense be given unilat- basis to ensure that DOD behaves in an in the Senate bill, but remain con- eral authority to decide what protec- environmentally responsible manner, cerned about the almost $1 billion the tions, if any, would be available to Fed- without being unduly hampered by en- conference report takes out of working eral employees. We were able to win vironmental requirements when it con- capital fund accounts. some significant concessions. The con- ducts essential military activities. I was also disappointed by the $150 ference report includes Senate provi- This year, the administration worked million reduction in base operating sions that would preserve the right of with the majority in both Houses to support taken from the Air Force; individual employees to appeal adverse force through a series of provisions ex- these funds are critical to the upkeep personnel actions to the Merit Systems empting the Department from basic en- and maintenance of Air Force bases. Protection Board and the courts; direct vironmental laws. Without them, basic repairs will be DOD to maintain current funding lev- In particular, this conference report foregone and service members’ quality els for civilian pay; provide specific would amend the Endangered Species of work and life will suffer. This is not guidance on the implementation of a Act to exempt defense lands from crit- the right message to send to our air pay-banding system; and require DOD ical habitat designations without es- men and women as they continue to to work with the Office of Personnel tablishing appropriate environmental make huge sacrifices for our Nation. I am pleased by the military con- Management on the implementation of safeguards, as the Senate bill would struction provisions that we were able the new system. have done. It would authorize DOD to With these protections built in, I conduct activities that have a signifi- to include in the conference report. In would like to be in a position to sup- cant potential to harm large numbers support of our defense infrastructure as port the civilian personnel provision. of marine mammals without even ap- well as the quality of life for our serv- Unfortunately, I cannot, because of the plying for a permit and having the ap- ice men and women, this year’s bill in- cludes $9.7 billion for military con- outcome on the issue of collective bar- propriate regulatory agencies review struction in the U.S. and overseas, $5.7 gaining. the proposed activities. It would ex- Unlike the Homeland Security Act, empt Fort Huachuca in Arizona from billion will fund mission-critical this conference report would not au- the requirement for cumulative impact projects which support important ac- thorize the Secretary of Defense to analyses under the Endangered Species tivities such as training, deployment, waive Chapter 71 of title 5, which gov- Act. And it includes language, which is and ongoing operations. An additional $1 billion will fund family housing erns collective bargaining. These provi- not in either bill and not in the juris- projects which will directly impact the sions remain in full force and effect for diction of our Committee, that would quality of life for our servicemen and DOD. However, the conference report direct the Army Corps of Engineers to women and their families. does authorize the Secretary of Defense issue new rules making it easier for Although this year’s bill funds many to establish ‘‘a labor relations system private citizens to avoid their obliga- essential construction projects world- for the Department of Defense to ad- tion to preserve wetlands. wide, it also makes significant cuts to The military service chiefs have tes- dress the unique role that the Depart- numerous overseas projects requested tified before our committee that our ment’s civilian workforce plays in sup- by the Department, specifically in Ger- armed forces are more ready today porting the Department’s national se- many and Korea. Final decisions have curity mission.’’ than they have ever been before. That not yet been made regarding our over- In general, the new labor relations is because the military services have seas presence, and the reductions in system established by the Department gone the extra mile to find construc- this bill potentially send the wrong must be consistent with Chapter 71, tive ways to comply with applicable message to our U.S. forces fighting since Chapter 71 remains in effect. In a laws and regulations with a minimum overseas. We ensure that we continue few areas, however, the conference re- impact on training and readiness. It to support our men and women over- port would specifically override Chap- takes hard work with regulators and seas to accomplish their missions and ter 71. For example, the conference re- impacted communities on a case-by- that we offer them the quality of life port states that the new labor relations case basis to achieve these solutions, they deserve. system ‘‘shall provide for independent but the payoff comes in the credibility Again, I strongly support the men third party review of decisions, includ- the department has earned as a good and women who serve in our Armed ing defining what decisions are review- neighbor and a faithful custodian of Forces. I also support the 750,000 Fed- able by the third party, what third the public lands. eral employees who play a crucial role party would conduct the review, and I am concerned that the exemptions in ensuring that our Armed Forces the standard or standards for review.’’ included in this bill could begin to un- have the equipment, training, and re- By giving the Secretary of Defense dermine the trust and cooperation on sources they need to accomplish their the authority to decide who reviews environmental issues that we have mission. I believe it is imperative that disputes, the issues to be reviewed, and worked so hard to build between the DOD work closely with communities the standard of review, this bill ap- military and civilian communities over surrounding military installations and pears to hand one party the final say the years. training ranges to achieve a positive on all labor and management issues. Finally, this bill includes deep cuts working relationship based on mutual This language is inconsistent with the to essential military operations and trust, understanding, and respect. For concept of good faith bargaining be- maintenance accounts that I believe these reasons, I am greatly dis- tween equals. are misguided. During the committee’s appointed with the outcome of the Na- At the same time the administration markup and floor consideration, I tional Defense Authorization Act for has asked us to establish a new Na- voiced my concern that the proposed fiscal year 2004. tional Security Personnel System, it reductions in the military services’ I yield the floor. continues to pursue an aggressive working capital funds were so drastic The PRESIDING OFFICER. The Sen- outsourcing agenda and to strongly re- that they may harm military readi- ator from Michigan. sist cost of living increases for Federal ness. Mr. LEVIN. Before Senator COLLINS civilian employees. I am deeply con- The working capital funds are a com- is recognized, I thank Senator AKAKA cerned that the administration’s agen- plicated but crucial financial tool the for his statement and, more impor- da of taking away employee’s rights, military services use to ensure ade- tantly, for his service on the com- giving away their jobs, and cutting quate supplies of spare parts, both now mittee as ranking member of the Read- their pay could have a real demor- and in the future. Deep cuts to those iness and Management Support Sub- alizing effect on the DOD workforce accounts cause fluctuations in prices committee. That subcommittee has

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.088 S11PT1 S14428 CONGRESSIONAL RECORD — SENATE November 11, 2003 some of the most difficult issues which almost impossible to remove poor per- employees. The Department of Defense we have had to deal with this year; a formers. Clearly, reforms are needed. has repeatedly claimed it has no desire number dealt with in ways I did not Earlier this year, the Department of to waive the collective bargaining particularly agree with, either. As the Defense delivered to Congress a far- rights of its employees. Indeed, the bill Senator from Hawaii indicated, he had reaching proposal to restructure the before the Senate specifically states concern on a number of them, as well. Department’s civilian personnel sys- the Department does not have the au- Without his service on that sub- tem. Unfortunately, the Department’s thority to waive the chapter of title 5 committee, we would have had many proposal went too far and it did not in- that governs labor-management rela- more problems than we ended up hav- clude important safeguards to protect tions. Thus, I fully expect the labor re- ing. We are very appreciative and good employees. lations system developed by the De- grateful for the service he provided. To strike a better balance, I worked partment will abide by the principles The PRESIDING OFFICER. The Sen- hard with several of my colleagues, in- enumerated in chapter 71, such as the ator from Maine. cluding Senator LEVIN and Senator duty to bargain in good faith—a duty Ms. COLLINS. Mr. President, I ask VOINOVICH, to craft an alternative that that applies to both labor and manage- unanimous consent that after I have would give the Department of Defense ment, incidentally—and the prohibi- concluded my remarks and the senior the authority it needed to create a tion against unfair labor practices. Senator from West Virginia has con- more responsive system while pro- Furthermore, the Department’s abil- cluded his remarks that the Senator viding vital protections for the civil ity to change employee management from Georgia, Senator CHAMBLISS, be servants who work for the Department. relations sunsets in 6 years, providing recognized for 8 minutes. The stakes in this debate were very an additional check, another safeguard, The PRESIDING OFFICER. Without high because the Department employs on the Department as it develops its objection, it is so ordered. some 735,000 civilian employees. That is labor relations system. We put in spe- Ms. COLLINS. Mr. President, let me approximately a quarter of the entire cific language to require collaboration begin my remarks this evening by com- workforce. So we needed to get this with the representatives of employees mending the chairman and the ranking right. We needed to come up with a to make sure this is a collaborative, member of the Senate Armed Services system that was more flexible but that rather than a confrontational, process. Committee. Both Senator WARNER and was also fair to the civilian employees In addition, the final bill does not in- Senator LEVIN care deeply about of the Department. clude the unilateral waiver authority strengthening our national defense and Title 5 of the United States Code sets sought by the Secretary which would about supporting the men and women forth the rights and the duties of Fed- have enabled the Department to waive who wear the uniform. It has been a eral workers and defines their relation- the process for developing the system great pleasure to work with both of my ship with management. It is a series of in the interests of national security. colleagues. I particularly appreciate laws committed to the jurisdiction of This actually was originally proposed their work on what was an extremely the Governmental Affairs Committee by the Department and was a com- challenging conference with the House which I am privileged to chair. I take pletely unilateral waiver that would of Representatives. our responsibility for these laws very have allowed the Secretary to waive Personally, I have very mixed feel- seriously. In fact, I would have much virtually all personnel laws and regula- ings about this conference agreement, preferred for this matter to be ad- tions. I am pleased we have not in- but on balance I believe it deserves our dressed through the normal committee cluded that authority. I do not think it support. For example, it provides process. Indeed, the Governmental Af- is necessary, and it is contrary to the much-needed support for naval ship- fairs Committee, as Senator AKAKA spirit of developing a modern personnel building, it provides a pay raise and mentioned in his remarks, approved a system in a collaborative way with the improved health care benefits for our carefully drafted bill by a vote of 10 to employees of the Department. men and women in uniform, it provides 1. This was a bipartisan bill that Sen- The Governmental Affairs Com- real progress in providing concurrent ator LEVIN helped to craft, along with mittee will keep a very close eye on receipt to our disabled veterans. It has Senator VOINOVICH and myself. It had the Department of Defense as it devel- many provisions that are absolutely es- the cosponsorship of several members ops the regulations to implement the sential, particularly in this time of of the committee including Senator new national security personnel sys- war. AKAKA, Senator SUNUNU, and several tem to ensure a collaborative process On the other hand, I am dis- others. that will lead to a modern, effective, appointed, for example, with the envi- Unfortunately, the House acted to in- and fair personnel system. Senators ronmental provisions that have been clude this issue as part of the Defense LEVIN, VOINOVICH, SUNUNU, STEVENS, included in this conference report. I Department authorization bill and thus AKAKA, LIEBERMAN, and CHAMBLISS, felt the Senate version of the DOD au- that prompted the resolution of this and I will work together with our col- thorization struck a far better balance important matter in conference. leagues who care about this issue on than the provisions in the House bill, This conference agreement, while by both committees to ensure that the De- or even the compromises that are in- no means perfect, is a reasonable com- partment creates a system that is con- cluded in this conference report. I be- promise to the challenge of modern- sistent with the merit system prin- lieve it is a false choice to say we have izing an outdated system while pro- ciples afforded to other Federal em- to sacrifice environmental protection tecting employees’ rights. It is not as I ployees. in order to allow our troops to get the would have drafted it. It does not rep- The Office of Personnel Management training they need. I much preferred resent fully the compromise so care- will also play a crucial role in the de- the Senate version in this regard. fully crafted in a bipartisan manner by velopment of the system. And I trust What I most want to comment on to- the Governmental Affairs Committee, that the Department will make every night are the Civil Service provisions the committee of jurisdiction. But we effort to use the expertise of Director that have been included in this legisla- have included several important safe- Kay Coles James and her staff. tion. The primary goal of our Federal guards in this conference report. Finally, I thank Senator LEVIN, who personnel system should be the recruit- For example, employees subject to has worked so hard on this issue. As ment and retention of the highest qual- adverse personnel actions will have an the ranking member of the Senate ity workforce to serve the citizens of independent appeals process and an Armed Services Committee, and as the the United States. Unfortunately, the independent third party will resolve senior member on the Governmental current antiquated system does not al- collective bargaining disputes. These Affairs Committee, he, more than any ways achieve that goal. It has become are two essential reforms that were not other Member in this body, has unique too cumbersome for agencies to hire included in the Department’s original experience and expertise which he good employees, particularly those proposal. brought to bear on this issue. with specialized skills or expertise. It Another very important provision in I also pay tribute to the chairman of has become too difficult to reward out- this bill has to do with the collective the committee, Senator WARNER, who standing workers, and it has become bargaining rights of the Department’s was very gracious in deferring to my

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.090 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14429 strong interest in this area. He did as an omnibus. An omnibus is a legisla- duct our duties in the writing of appro- allow and encourage me to take the tive creation without a mother or a fa- priations bills. We are here to work lead in what were difficult negotiations ther. It is more like a Frankenstein with, but also to act as a check on the with the administration and the House creature—a being patched together occupant of the White House, and to re- on this issue. from old legislative body parts that flect the people’s will. We are not per- In the end, the product is not the one don’t quite fit. forming that watchdog function when I would have preferred, but it does rep- And just as Dr. Frankenstein was we invite the White House behind resent a reasonable approach and one quite surprised by the results of his closed doors. that I hope will be successful in cre- creation, so may we be startled by the I stood in this Senate and decried the ating a modern, fair, and efficient per- results of ours. Hastily drafted legisla- omnibus bills during the last adminis- sonnel system for the Department of tion, as Senators in this body well tration. I do so again today. I deplore Defense. know, often has strange and unin- this process. Through this process we, The PRESIDING OFFICER. The Sen- tended consequences. This omnibus in effect, circumvent the supreme law ator from Michigan. would include at least three and as of the land. We circumvent the Con- Mr. LEVIN. Mr. President, I wonder many as seven bills. It would be at stitution. Just as I expressed to the if Senator BYRD will yield for just one least a $130 billion ‘‘Frankenstein’’ of a Senate during the Clinton administra- moment. bill, and no one knows what other ap- tion, by producing omnibus appropria- Mr. BYRD. Yes, I am glad to yield. pendages would be attached to it as the tions bills, we blur and we blend the The PRESIDING OFFICER. The Sen- Republican leaders rush to close out very clear lines of the separation of ator from Michigan. this session of Congress. powers set out in our national charter. Mr. LEVIN. Mr. President, I thank Under the cloak of a continuing reso- Instead we cook up an unsavory soup Senator COLLINS. In her usual modest lution, the House has already passed which will be force-fed to the American way, she has given much too much just such a $190 billion omnibus bill people in order to avoid a completely credit to others for something on that would fund 9 of the 15 Depart- avoidable Government shutdown. which she deserves the lion’s share of ments. Between fiscal year 1986 and fiscal the credit, which is an outcome which In accordance with the Constitution, year 2003, 25 appropriations bills were is not what either she or I would have revenue bills must originate in the incorporated into omnibus appropria- preferred but is far closer to that out- House of Representatives and, by cus- tions legislation without having first come than would have been the case tom, most appropriations bills likewise been considered by the Senate. For ex- but for the persistence and—I will add originate in the House, but under the ample, the Labor-HHS-Education and the word here—courage of one of our guarantees of the Constitution, as Foreign Operations bills were included colleagues; that is, Senator SUSAN COL- those guarantees flowed from the Great in omnibus legislation four times each LINS of Maine. Compromise of July 16, 1787, the Senate without having ever been considered by The rights are protected here that has the right to amend those revenue the Senate. The people are certainly are essential to employees that will and appropriations bills, as in all other entitled to a full debate when it comes lead to greater collaboration between bills. to deciding how to spend their tax dol- employees and the Defense Department The House can open the door to legis- lars. After all, it is their money, isn’t because of her tenacity. I salute her for lation on an appropriations bill, but if it. We heard that cry over and over it and commend her for it. the Senate is denied the opportunity to again during the tax cut debate. May I It was a pleasure to work with her, consider amendments, or is severely observe that it is the people’s money in on a bipartisan basis, in the Govern- limited in the number of amendments an appropriations bill as well. mental Affairs Committee on the bill which it may consider, Senators are Some may believe that we have had to which she has referred. Her outline thereby denied the opportunity to offer so many omnibus bills in the last dec- of what was accomplished is indeed an amendments of their own and the po- ade that defaulting to an omnibus bill accurate outline. I will have more to tential for the achievement of truly has become an inevitable part of the say about that later. But in the mean- good legislation in the final result, is, legislative process. I stand here today time, I express my gratitude to her. I accordingly, lessened. The people’s to tell the Senate that this is not the think all of us, those of us who were right to representation in the Senate case. In the 71 2 even unaware of the outcome in any would be denied and the likelihood of ⁄ years that I chaired the detail, will someday understand the legislative errors in the final product is Appropriations Committee, from 1989 to 1994 and in 2001 and 2002, I never re- contribution Senator COLLINS has made increased. to the personnel relations in this Gov- I believe creating an omnibus bill sorted to an omnibus bill to complete ernment, particularly in the Defense would be a grave mistake. The Framers the 13 bills. What it takes to avoid the Department. saw the Senate as a powerful check omnibus is the will and the drive to The PRESIDING OFFICER. The Sen- against an overreaching executive. If stand up for the rights of all Senators ator from West Virginia. free and unlimited debate is bridled to debate important legislation and to Mr. BYRD. Mr. President, I begin by and the right of Senators to offer complete all 13 appropriations bills. thanking the distinguished Senator amendments is hindered or denied, is I commend Senator TED STEVENS for from Virginia, Mr. WARNER, and the not the Senate’s power to check the ex- his valiant efforts to move the appro- equally distinguished Senator from ecutive accordingly diminished? priations bills forward this year. I Michigan, Mr. LEVIN, for their cour- Sadly, the House and Senate have re- know that he would prefer that the tesies and accommodations to me on sorted to omnibus bills many times in Senate debate the remaining bills as this occasion and on innumerable, in- recent years. In January of this year, freestanding bills. The situation that numerable previous occasions as well. Congress produced a monstrous 11-bill Chairman STEVENS finds himself in is We are now in the sixth week of fis- omnibus. For fiscal years 1996, 2000, and not of his making. cal year 2004 and the Congress has only 2001, we produced omnibus bills that I must ask our leaders, why are we presented the President with 4 of the 13 contained five bills each year. In fiscal not considering appropriations bills the appropriations bills. The third con- year 1997, we had a six-bill omnibus, rest of this week? Why was the Senate tinuing resolution under which most of and in fiscal year 1999, we had an eight- in recess the week of October 6? Why the Government is operating expires on bill omnibus. Every one of these mas- was the Senate in recess for the entire November 21. Regrettably, the Senate sive bills, written in the compressed month of August? Why is the Senate has yet to approve 3 of the 13 bills. The environment of a threatened Govern- taking 3 days this week to debate judi- House and Senate Republican leaders ment shutdown, resulted in the White cial nominations? have expressed their intent to move to House being at the table, writing our I am pleased that the Senate leaders what has become known as an omnibus appropriations bills with us. have allowed the Senate to debate the appropriations bill. Which party commands the White Transportation-Treasury bill, Foreign I hope that the Senate does not once House at a given time should really Operations and Agriculture bills. How- again fall prey to this monster known make no difference as to how we con- ever, I remain concerned that there

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.093 S11PT1 S14430 CONGRESSIONAL RECORD — SENATE November 11, 2003 will be an effort to fold all of the re- home to roost. I fear that the Senate Reserve as well as our Active Force to maining conference reports into an om- will soon be asked to sweep the bad make sure that military families have nibus bill along with a polyglot of un- news into a single, omnibus bill and the kind of quality of life we want known authorization bills and the ship it down to the White House. them to have and that they expected to White House will dictate the contents I call on our leaders to reject the have when they signed up for military of the bill. easy allure of the Frankenstein omni- service. I am concerned that once again the bus. We should debate each of the re- As chairman of the Subcommittee on leadership will dictate to the Appro- maining bills and send the President Personnel of the Committee on Armed priations Committee that we include all 13 bills for his consideration, for his Services, I am proud of the significant legislative matter in the omnibus bill signature or for his veto. The Senate is actions that we and our House col- that were not considered in the appro- the upper house of a separate branch of leagues have taken in this legislation priations bills when the bills were be- government, with institutional safe- to help ease the burden for the brave fore the House or Senate. There are al- guards that protect the people’s lib- soldiers, sailors, airmen and Marines ready rumors swirling that the FAA erties. We should not fall prey to the who serve our Nation. conference report, the Water Resources omnibus. We should not allow enact- Specifically, the conference report Development bill, the Internet Tax ment of massive, monstrous, omnibus authorizes an average 4.15 percent pay Moratorium bill, and the healthy for- appropriations bills to turn Senators raise for service members and a higher, ests bill will be dropped into the omni- into legislative automatons. targeted pay raise up to 6.25 percent for bus. In 1999, the Senate reinstituted The Senate should rise up and re- mid-career personnel. rule XVI, concerning legislating on an claim its full constitutional powers by The conference report reduces service appropriations bill. In 2000, the Senate insisting that we will work whatever members’ out-of-pocket housing ex- reinstituted rule XXVIII in order to amount of time it takes, for whatever penses and it authorizes payment of avoid the insertion of new matter in number of days of the week it takes, to special pay for positions of unusual re- conference reports. I hope our leaders take up and pass all appropriations sponsibility and of a critical nature for will not allow these critical rules, bills. We should never again revert to our Reserve component, in order to en- which protect Members’ rights to de- using an omnibus appropriations bill, sure that Reserve and Guard personnel bate, to be abused. which will likely come before this Sen- serving in command positions are rec- In the past, before rule XVI and rule ate in the form of an unamendable con- ognized for their important contribu- XXVIII were reinstituted, omnibus ference report. We should insist on a tions. bills were used to enact scores of such full debate on all of the remaining ap- The report authorizes continued pay- measures, such as Medicare givebacks propriations bills and send the Presi- legislation, a tax extenders law, Com- ment of special pay and bonuses for dent 13 regular appropriations bills. both Active Duty and Reserve per- munity Renewal Tax Relief, Immigra- I yield the floor. sonnel. Payment of increased rates of tion Reform legislation, and debt col- The PRESIDING OFFICER. Under the family separation allowance and lection legislation. We should not trav- the previous order, the Senator from special pay for duty involving hostile el this dark and pot-hole-riven road Georgia is recognized. again. Mr. CHAMBLISS. Mr. President, I fire and imminent danger at the higher I am also concerned that the Senate rise in strong support of the conference monthly rates designated earlier this has been passing bills with promises of report on the fiscal year 2004 National year are continued. spending on critical programs that will Defense Authorization Act. I believe The conference report also provides prove to be pure fantasy. The Senate this legislation does a tremendous enhanced access to TRICARE for mem- approved $1.3 billion for veterans med- amount of good for the men and women bers of the Reserve components and ical care on the Iraq supplemental and in our Nation’s military and their fam- their families, and in a meaningful ges- in conference, what happened? It dis- ilies, for America’s veterans, and for ture of support for the invaluable con- appeared, just like that. Houdini was our country’s efforts in Iraq and Af- tribution of our selected Reserve, it there. The Senate, by a vote of 63–31, ghanistan. provides full commissary access for Na- approved $1 billion to implement elec- I say a special thanks and congratu- tional Guard and Reserve personnel. tion reform legislation that the Presi- lations to the Chairman from Virginia, I want to particularly thank these dent signed last October 2002 but he un- Mr. WARNER, as well as the Ranking Members of the Senate—Senators derfunded in his budget. However, the Member, Senator LEVIN of Michigan, LANDRIEU, GRAHAM, ALLEN, ALEX- Transportation-Treasury conferees for their bipartisan spirit in the prepa- ANDER, and others—who have worked have not been given any additional al- ration of the original bill that came very closely with this Member of the location to fund this increase. The Sen- out of committee and passed on the Senate, to ensure that the equalization ate approved a $289 million increase for floor of the Senate, as well as the prep- of the Guard and Reserve with the ac- global AIDS, but the conference has aration of the conference report, which tive force continues to move in the been given an allocation that will force we will soon conclude. Senator WARNER right direction. As we ask our military them to reduce the Senate Foreign Op- and Senator LEVIN showed strong lead- men and women and their families to erations bill by $1.2 billion. The Labor- ership throughout the process. do more and more, it is only right that HHS-Education conferees are being I also wish to point out one par- we continue doing all we can for them. told that they have to cut the Senate ticular thing that we in the Personnel This important legislation continues to bill by $765 million. I hope the Senate Subcommittee tried to address. It is ensure that we have the best trained, will not fall back on an across-the- pretty obvious, as we look back at the best prepared, and best equipped troops board cut on all programs to pay for current conflict in Iraq and the recent in the world. these requirements. The bills are al- conflicts that have taken place around I am very pleased that this con- ready lean. Across-the-board cuts will the world, that we are calling more and ference report includes an agreement hurt veterans programs, homeland se- more upon our Guard and Reserve to on concurrent receipt, which I believe curity programs, transportation pro- serve on a regular basis. It is incum- is long overdue and is directed at the grams and education programs. bent upon us that we do more to equal- most deserving disabled military retir- Last Spring, this Senate approved a ize the status of the Guard and Reserve ees. The conference report would ex- budget resolution that put tax cuts and the Active Force. tend concurrent receipt for all disabled first. We knew at that time that the As the Senator from Tennessee, Mr. veterans rated 50 percent and higher budget resolution would explode our ALEXANDER, knows, he and I have con- phased in over the next 10 years. It deficits by placing tax cuts for the ducted a number of hearings around would also make special compensation wealthy at the front of the line and the country relative to the treatment for combat-related disabilities avail- funding for critical veterans programs, of children of military families, includ- able to every disabled military re- education programs and homeland se- ing the Guard and Reserve. We want to tiree—Active and Reserve—whose dis- curity programs were at the bottom of make sure that we are providing all the ability was incurred as a result of com- the pile. Now that decision is coming support necessary for our Guard and bat or combat preparation causes.

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.096 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14431 In my 8 years in the House, prior to poning these decisions until the Gen- amount of good for our Nation and, coming to the Senate this year, Con- eral Accounting Office conducts a thor- most importantly, for the brave men gressman MIKE BILIRAKIS of Florida, ough review of the Navy’s plans for and women who are serving our Nation was the champion of concurrent re- tactical air integration to ensure that overseas and at home. I urge my col- ceipt. I commend him for his hard work it is done wisely and in a way that en- leagues to support the conference re- on the House side and his diligent ef- sures the Navy’s missions can be met port and again, I commend Senator forts in ensuring that concurrent re- long term. NAS Atlanta Reserve fight WARNER and Senator LEVIN for their ceipt is finally coming to be a realiza- squadrons stand ready with great pro- strong leadership. tion. We have had the support of the fessionalism for a speedy deployment I yield the floor. chairman, and the ranking member, as to critical missions around the world. Mr. WARNER. Mr. President, I thank well as Senator REID, who has been ac- This provision ensures NAS Atlanta the distinguished Senator from Geor- tive on this issue. It is something that will continue contributing to the gia, first, for his work throughout the is long overdue, and it is time we gave Navy’s crucial missions and war fight- year on this bill. I listened very care- our veterans the just reward they de- ing ability. fully. He reflects a lot of hard work in his comments. I thank him for his serv- serve. This legislation also authorizes the American veterans have made great lease of up to 20 aerial refueling air- ice on this committee. We are basically rotating. The distin- sacrifices so that we may live in a safe craft by the Air Force and extends au- guished ranking member has yielded and secure America. Military retirees thority for the Air Force to purchase his slot at this time to the distin- who incurred disabilities because of up to 80 tanker aircraft through a guished Senator from Alabama. But multi-year procurement effort. This their long and faithful service should after that, I ask unanimous consent agreement will allow the Air Force to no longer have to incur the offset of that the Senator from Michigan be rec- begin recapitalizing their tanker fleet their retired pay. I view this provision ognized for such time as he desires to in a fiscally responsible manner and as a historic step in the right direction complete his comments on this bill. to help this important class of vet- save taxpayers approximately $4 bil- The PRESIDING OFFICER. Without erans. lion over the original Department of objection, it is so ordered. Last year, at the conclusion of the Defense proposal. Mr. WARNER. Mr. President, before fiscal year 2003 authorization bill, the This particular provision, Mr. Presi- the Senator starts, we urge any other distinguished chairman said that what dent, has not been without con- Senators to kindly contact the man- we did then with respect to concurrent troversy. I commend my colleague, agers because in consultation with the receipt was a step in the right direc- Senator JOHN MCCAIN, for pointing out leadership, we are proceeding to con- tion and that we would do more. To his to the committee several important clude this debate. credit, and the credit of the ranking discrepancies in the process leading up Mr. LEVIN. While the chairman is on member, we are now following through to this tanker provision. The chairman that point, Mr. President, I understand with that commitment and moving in and the ranking member held several there will be two more Senators in ad- the right direction. This is a huge step hearings on this subject and, for the dition to me on this side tonight who and we will continue to look after our right reasons, we were able to restruc- will have remarks on the bill. nation’s disabled veterans in the fu- ture this lease arrangement so that not Mr. WARNER. I thank my colleague. ture. only will our men and women in the I know of an additional Senator, the The conference report includes a pro- military benefit from the provision in Senator from North Carolina, who I be- vision that will enhance the process for the conference report, but the taxpayer lieve will be coming over very shortly. achieving posthumous citizenship for will benefit as well. That will be three Senators we know of deceased, non-citizen service members The Defense Authorization Act in- desiring to make remarks. I thank my that was sponsored by myself and Sen- cludes several other military programs colleague. ator ZELL MILLER, my colleague from that greatly benefit Georgia, as well as The PRESIDING OFFICER (Mr. Georgia. This legislation was inspired the country as a whole. For instance, it TALENT). The Senator from Alabama. by the dramatic story of Diego Rincon includes: Funds to authorize the Air Mr. SESSIONS. Mr. President, it has of Conyers, Georgia, a non-citizen Force to begin re-engining J–STARS been a great honor and a thrill for me member of our Armed Forces who was aircraft. It includes $3.5 billion for 22 to serve on the Senate Armed Services killed by a suicide bomber in Iraq. This FA–22 aircraft, the next tactical fight- Committee under the leadership of Senator WARNER and Senator LEVIN. provision will instruct the Government er jet for the U.S. Air Force; $336 mil- They are the great professionals in this to take steps immediately to facilitate lion for five C–130 aircraft, as part of a Senate. At the beginning of our Con- and expedite the process of naturaliza- multi-year buy arrangement; $931 mil- ference there were very difficult and tion following an immigrant soldier’s lion to convert two Trident ballistic challenging issues that looked as if missile submarines into guided missile death. Diego Rincon is a true American they could not be settled, and reason- submarines, one of which will be sta- hero and this legislation ensures that able minds could not reach an accord. he will be honored as one. tioned at Kings Bay Naval Base in But, as Senator WARNER and Senator Included in the conference report is Georgia; $2.1 billion for 11 C–17 aircraft, LEVIN continued to pursue the issues authorizing language to delay the de- under, again, our continuing multi- and worked hard on them, realizing commissioning of Navy and Marine year contract, which, for the first time that we had a goal and a responsibility Corps Reserve aviation squadrons like in the history of the United States Air to pass this FY04 Defense Authoriza- those at the Naval Air Station Atlanta. Force, we have operated in a business- tion Bill, the conferees managed to This provision, which was also included like manner from a procurement stand- reach agreements which I believe are in the final version of the fiscal year point; $19.7 million to accelerate the C– sound. 2004 Defense Appropriations Act, pro- 5 aircraft avionics modernization pro- The bill before us today is a good longs the life of aviation squadrons at grams; and an important provision step forward for America, for the NAS Atlanta by preventing the Navy aimed at ensuring that Army or Air strength of this country’s defense, and from decommissioning squadrons until National Guard personnel may effec- for the men and women in uniform. the General Accounting Office com- tively command Active Duty personnel Today is Veterans Day. Some said we pletes a review of the Navy’s plan for when they are entrusted with com- should not be here, but I think it is tactical aviation integration. This mand of a unit composed of both active quite appropriate that while our sol- measure restricts funds to be used to duty and Guard personnel. This provi- diers are in the field today, not taking decommission aviation squadrons until sion will directly benefit the command a holiday in Baghdad, or in Tikrit or February 1, 2004. relationships and operations of the Mosul or in Basra or across the border Senator MILLER and I have worked 116th Air Control Wing at Robins Air in Afghanistan, we in the United hard all year to delay the decommis- Force Base that flies and operates J– States Senate have work to do with re- sioning of the aviation squadron at STARS aircraft. gard to our Defense bill. It is quite ap- NAS Atlanta and I am particularly Mr. President, I believe this con- propriate we are here today and mov- pleased we were successful in post- ference report does a tremendous ing forward, providing for a 4.1 percent

VerDate jul 14 2003 02:02 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.099 S11PT1 S14432 CONGRESSIONAL RECORD — SENATE November 11, 2003 pay raise, and higher pay raises for cer- managed approximately $25 billion in transformational. We need to adjust to tain specialities and for mid-grade per- procurement and $15 billion in research it and make sure we are fully prepared sonnel. and development (RDT&E). We took to handle the next phase of emerging We continue today to see good things our tasks very seriously. These are technologies, the next phase of emerg- in our military which is fast approach- very large sums of money, in two very ing training opportunities, and the ing a transformed military. All of us important accounts. We worked hard next phase of initiative our men and are watching very closely those on each issue. Airland responsibilities women in uniform bring to the battle- changes and the recruiting and reten- extend to all the transformational field. tion figures of our forces, but to date issues in the military, large and small. There are a lot of things in the bill the numbers look good in both cat- Most notable is the Army’s Future which we all are proud of tonight. The egories. Combat Systems (FCS). The Army’s concurrent receipt progress we have I met earlier today with a United goal is to create a new, more versatile, been trying to make is a big step in States Army Lieutenant Colonel from capabilities based system that can op- this legislation, and there are a num- the 173rd Airborne Brigade at Walter erate in the future across a wide vari- ber of other benefits for our military Reed who was injured last month in ety of mission areas. Even though the men and women that are important. Iraq and is now recuperating from his Army will be reporting in three dif- As a result of my visits earlier today combat wounds. He told me when his ferent lines in the future, the work and last month to Walter Reed, we dis- battalion were taking the highest cas- continues and must continue to its in- covered a problem impacting families ualties, they also had the highest reen- evitable conclusion. when a soldier is facing imminent listment rate. He said his soldiers, his Time is short, relatively speaking, death. The military tries often to re- young men, are warriors and he made for the transformation to be accom- tire that person because they can re- that statement with the greatest pas- plished. Rogue states and more capable ceive better benefits. It is awfully sion. He was so very, very proud of adversaries loom on the horizon. We grim, unpleasant, and wrong to bring a them. You could sense it and see it in need to constantly ask ourselves: Is family into that situation. In this bill his eyes. our military, the one which exists we fixed that process with a modifying I express my appreciation to Senator today, perfectly configured to meet provision. Some of the things being WARNER and Senator LEVIN for the this threat or can we continue to forced upon our military families in an great work they have done. I thank transform it and make it better able to imminent death situation are no longer Judy Ansley, our committee staff di- meet the threat in the future? required. Our doctors and our soldiers rector; Bruce Hock and Tom Mac- Secretary Rumsfeld is a man who be- no longer have to call families to dis- Kenzie, who helped me so much on the lieves in asking tough questions about cuss imminent death retirement meas- Airland Subcommittee I chair. All in the future and taking the action today ures; rather, they can concentrate on all, we have had a good year and made that will transform our military for the necessary lifesaving measures great progress. We have such talented the future. People have different ideas which are so important. professional, decent, honest men and as to precisely how to achieve that We also have better benefits in this women who lead and our part of our goal. But, I believe this Congress and bill for our soldiers who are killed in armed services staff. this Secretary of Defense, and I believe combat. I want to make a particular note of this President of the United States, are Within the Airland Subcommittee ju- appreciation for Archie Galloway on committed to making sure we succeed. risdiction, I would just mention a few my staff. Archie is a retired Lieutenant I was at a NATO conference in Eu- things that I think are quite signifi- Colonel, a Ranger. He served in the rope not too long ago. The French cant as we go forward. We have $705 101st Airborne Division. He has been a rapporteur who was reporting on the million for the joint direct attack mu- constant adviser, friend, and counselor war in Iraq for the conference shared nition for the Navy and Air Force. This on these issues. He really helps me to some thoughts with us. He said the is the famous JDAM. These were the do what is best for America as we thing they learned most, and it was bombs I mentioned earlier that can hit moved forward on these issues. most clear during the war in Iraq, is within 30 feet of a target using a global I am also very proud of our Guard that a well-trained, disciplined, tech- positioning satellite (GPS) guidance and Reserve units and the men and nologically advanced military will de- system. We need plenty of these muni- women who serve in them. I served 13 feat a much larger military not so ad- tions. JDAMS are the bread and butter years in the Army Reserve. Alabama vanced. That fact is absolutely clear. of our Naval and Air Force bombers has a tremendous National Guard and We used 500,000 troops in the first today. I believe this bill has gone a Army reserve presence and capability. Gulf War, Operation Desert Storm, just long way toward ensuring that we have These soldiers are serving with distinc- to remove Saddam Hussein from Ku- adequate supplies to meet the chal- tion. I believe the reserves will soon wait. In Operation Iraqi Freedom lenges in the future. have 40 percent of the personnel in (OIF), we defeated the entire Iraqi Frankly, if we err however, we ought Iraqi theater. Army with less than 250,000 troops. We to err on the side of having far too I visited Iraq last August and visited now have about 130,000 troops in Iraq. many JDAMS. We should not have any- two of the three Alabama National We have coalition support from the thing less than absolutely what we Guard MP units assigned around Bagh- British and numerous other countries, need at any given time to defend the dad. Almost half of the men and women but our personnel now are at about just interests of the United States. in our Alabama MP units are full-time 130,000. We moved forward on the FA 22. This professional police officers, sheriff’s In Afghanistan, we were able to bring new aircraft is so important. There was deputies, and State troopers in their down the Taliban Government together a challenge earlier this year however. public life back home in Alabama. with coalition forces. That cruel gov- We challenged the contractor. The Sub- They are superbly qualified for the job ernment was harboring and supporting committee was not happy with the and the challenges ahead of them. They al-Qaida and was also providing the progress the contractor had been mak- are taking risks every day working training grounds for them to attack ing. We had program hearings and DOD with the local Iraqi police trying to the United States. We defeated Taliban testimony. We heard from witnesses identify, prosecute, and arrest people and al-Quaida forces with, I recall, no and then we proposed reductions to the who are committing terrorist acts. more than 4,000 troops US forces on the program. In the end, we ended up re- They are trying to knock down crime ground, using high-tech air support, ducing the FA 22 program by $160 mil- throughout the country of Iraq and special forces, and employing special lion. We already believe, from the time they are doing a superb job. operations of all kinds. We all know those hearings took place in the early I would like to briefly mention the the story of the soldier on horseback part of the year, that the contractor is job our Airland Subcommittee accom- talking to a B–52 at 35,000 feet calling making good progress in dealing with plished during this year and during the in 2,000-pound bombs to within 30 feet the problems and issues that were pre- conference. Of the $401 billion provided of any spot he needed to hit. That is a viously plaguing the program and slow- by this bill, the Airland Subcommittee new kind of warfare. That is truly ing it down. We believe they are going

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.101 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14433 to continue to make good progress. I need even better equipment. We need Mr. WARNER. On this side, the Sen- hope so. If not, we will be challenging even better training. If we maintain ator from North Carolina will soon be them again next year. that momentum, if we maintain our in the Chamber to take up a position in We also dealt with the Boeing tanker commitment to research and develop- the queue. lease. That was a matter Senator ment and to the utilization of new The PRESIDING OFFICER. The Sen- MCCAIN raised early this year. He chal- technologies where ever possible and ator from New Jersey is recognized. lenged the way the Department of De- we apply these capabilities and that de- Mr. LAUTENBERG. Mr. President, I fense and the Air Force were planning sire to the modern battlefield our sol- thank my colleague from Michigan for to fund 100 new Boeing 767 aircraft. He diers will remain the best military permitting me to say a few words at believed that the way that was being force the world has ever known. this point. handled was not good for the tax- I am so proud of our men and women I rise to speak on language in the De- payers. So we went through a long in uniform. When I meet them in the fense authorization conference report process of debate, IG and GAO evalua- hospital, or talk to them after they re- that was added by conferees. It waters tions of the funding process. In the end, turn home, or when I meet with them down two of our environmental laws the committee concluded that the pro- in Iraq or Afghanistan or Kosovo, or significantly. There are two sections of gram, as proposed by the administra- aboard a ship at sea or at a base here this conference report to which I stren- tion, was not the best way to fund in the United States, I find that they uously object. One ignores the will of these aircraft. are so highly motivated and committed the Senate with regard to protecting We therefore came up with a program to serving this country. They believe endangered species and the other rep- to lease 20 767’s and go forward to pur- so deeply in the causes of our country. resents the greatest single rollback of chase the remaining 80. This change in They are committed incredibly to help- marine mammal protection in the last procurement and leasing will save, we ing the Iraqi’s achieve a better life. 30 years. Last May, the Senate passed an believe, $4 billion dollars. I salute Sen- They are not just there to fight wars. amendment which I developed with ator MCCAIN for his leadership on this They deeply want the Iraqi’s to do bet- Senator JEFFORDS to protect endan- effort, and I also appreciate the great ter, to have a government that is free. gered species on Department of Defense work of both Senator WARNER and Sen- Would that not be a good thing? Not lands. Before my amendment, the Sen- ator LEVIN in reaching this new plan just for us, and not just for the Iraqi ate bill effectively exempted the De- that I believe will work to the benefit people, but for the whole world. partment of Defense from complying of the Air Force and the taxpayers. Wouldn’t it be wonderful not to have with the Endangered Species Act, but Another of the subcommittee issues any Saddam Hussein’s in the world? my amendment instituted a reasonable addressed the fleet of HUMVEES found Wouldn’t it be wonderful not to have two-step approach to protect endan- throughout the force structure. One of 300,000 people in mass graves that we the things I learned in August while gered species without impeding mili- are now uncovering in Iraq—the people tary readiness or ability. That amend- visiting units in Iraq is that many of Saddam Hussein slaughtered as a re- ment was passed by the Senate. We the Humvees utilized for moving our sult of one of the most brutal regimes need these protections and we know soldiers around the battlefield are the the world has ever known? He is gone they work. light skinned, unarmed, and vulnerable now and we have an opportunity to There are only 2 species that have Humvee models which are quite suscep- step forward and create a government been on the endangered species list tible to small arms fire. This bill pro- that allows the Iraqi people an oppor- that have gone extinct after being put vides additional monies for the up-ar- tunity to progress and succeed in the on that list while over 600 species not mored version, as they call it, Humvee. future. That is what we hope will hap- on the list have gone extinct during Just this morning I was at the Walter pen. It is indeed a difficult time. No- that time. Look at the comparison: Reed Army medical center meeting body knows what the future will bring, Two which failed to survive because with PFC Chris Busby a military po- but I believe we will be successful be- they were on the list, and 600 which liceman from Alabama. He had severe cause I am putting my confidence in failed to survive because they were not injuries to his lower leg and one of his the men and women who are serving protected. arms. He said he was in his Humvee, our country around the world tonight. The American people have spoken on had his arm and his leg out the door, I yield the floor. this issue. We ought to listen to them. and a mortar round exploded nearby. It The PRESIDING OFFICER. The Sen- A Zogby poll earlier this year learned injured his arm and leg. He told me, ator from Michigan. that 85 percent of registered voters be- without my asking: If I had not been in Mr. LEVIN. Mr. President, I thank lieve the Defense Department should an up-armored Humvee, I may not be Senator SESSIONS for his service on our follow the same environmental laws as here today. Grenades, mines, and all of committee. He is one of the members everyone else. Unfortunately, most of those are less effective against an up- of our committee who works extremely the Senate language was stricken by armored Humvee. We need more of hard. I have traveled with him. I did the conferees. What remains will not, them, particularly in an environment not travel with him the last time he in my opinion, provide adequate pro- such as Iraq. made reference to, but I know how tection for threatened and endangered We also provided funds for friend-or- committed he is to the men and women species. But what is worse, new lan- foe equipment to try to avoid friendly in our service. That is shown every day guage is contained in this report that fire problems. We also provided $60 mil- here, but it was also shown to me very could have disastrous consequences for lion for the EA6B aircraft outer wing dramatically on the trip we were able populations of whales and other marine panels. I discovered after talking with to take together, and we thank him. I mammals off our coasts. senior Navy officials that we are hav- know, more importantly, the men and Ironically, in the State of New Jer- ing problems with these aircraft from women in the Armed Forces thank him sey, which has a lot of coastline for the stress. These funds will do a lot to fix for that commitment. size of the State, we have a marine the operational deficiencies of those The Senator from New Jersey is in mammal stranding facility. People vol- planes. the Chamber. I am wondering if he untarily go out into the water, get a We also provided $70 million for 7 might like to go next. Approximately dolphin, or they will get even a whale UH60 Blackhawk helicopters. There are how long does he plan on speaking? occasionally. They will bring it to many more proposals and line items in Mr. LAUTENBERG. I would say prob- shore and figure out a way to nurse it this bill that I think will help make ably less than 10 minutes, but if I am back to health and get it back in the this a stronger and more vigorous na- allowed 10, that is fine. sea. We treasure those, as every one of tion and will make our military the Mr. LEVIN. If that would be all right us should, because they are part of the best. What we need simply is this: We with the chairman, I understand Sen- ecology. Where they go ultimately, I need the best trained military in the ator DAYTON is on his way and he think it is fair to say, the human race world. We need to give them the best would also like 10 or 15 minutes. Then goes. equipment that exists in the world. We I would try to make my remarks with A rider was attached by the conferees have both of those at this moment. We an additional 10 minutes. that would allow marine mammals to

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.118 S11PT1 S14434 CONGRESSIONAL RECORD — SENATE November 11, 2003 be casually harassed, injured, and harm them. I say that because that is a few words of modification in the con- killed by activities ranging from sonar the human relationship. It is the ference. exercises to the testing of underwater human experience. Mr. LEVIN. The chairman is correct explosives. Ironically, it comes just as I saw a picture of one of my grand- on that. I concur with our chairman. the committees with jurisdiction and daughters swimming with a dolphin. I This problem is not the one we have expertise over marine mammals have thought I probably wouldn’t like to be run into recently as much as it is a begun their work on reauthorizing the there seeing her do it, but she had a problem of a very great difference be- Marine Mammal Protection Act. smile on her face. I think even the dol- tween the Senate provision, which the Once again, the conferees chose to phin had a smile on its face. But we Senator from New Jersey helped to au- add language that was not authorized care about these issues. It is a pity to thor, and that of the House. His amend- by either House. We are seeing this on stand here pleading for a reinstitution ment was a very important amendment a too regular basis—language that is of provisions that were in the bills be- and put us on the right track. But we debated, discussed, and voted upon goes fore they got to the conference com- ran dead on to the House provisions. In one way. It goes into conference. The mittee, that either have been elimi- this case it was the House provisions conference committee, then composed nated or have been added without the versus the Senate provisions, rather of Members almost principally, almost approval of either body. than additional provisions in con- exclusively of the majority party, de- It is disappointing to see these provi- ference which were the problem. cides they do not want to listen to sions have been included in the con- Mr. LAUTENBERG. I thank the man- what was sent over from the Senate or ference report. For decades, DOD has ager and ranking member of the com- what was sent over from the House. If managed to find common ground with mittee. But I say to my friend from they disagree with it, they change it its training and its environmental Virginia, sometimes it is just a few and the administration contributes to goals. These riders do not honor our words here and there that make all the that. It is outrageous. military; they do not honor the will of difference in the way things come out. I have been part of this body for the American people; and they do not I know there is a consciousness be- nearly 20 years and this is not how the honor the living creatures with whom tween the two distinguished leaders on Congress used to make law. We cannot we share our planet. the Armed Services Committee that look backward. We are where we are, I yield the floor. the environment could have been and but it is not a good turn of events. The PRESIDING OFFICER. The Sen- should have been protected as we That is what has happened. The con- ator from Michigan. planned it and as we discussed it. But ferees add their own language. It ex- Mr. LEVIN. Mr. President, I wonder we are where we are. I hope there will tends exemptions to the Marine Mam- if we could establish order for Senators be a time in the not too distant future mal Protection Act in the House lan- to speak. when we will be able to realize we have guage to apply not only to military ac- The PRESIDING OFFICER. That done some damage and change that. tivities but to all Government-funded would be helpful to the Chair. Mr. REID. Mr. President, first, I want research—a change that could be easily Mr. LEVIN. We have been going back to express my appreciation to not only exploited by industry groups. and forth. Senator REID is ready to pro- the managers but also to Senator DOLE Under this act, there will now be no ceed for a couple of minutes. I wonder and Senator DAYTON for allowing me to limit to the numbers of marine mam- whether Senator DOLE might allow speak out of order. mals the Department of Defense could him, for 2 minutes, given his respon- There is so much rhetoric about the kill or harm and no limit to the range sibilities, to go first. Then we would go acrimony between the Republicans and of coastal habitat its activities could to Senator DOLE, then back to Senator Democrats in the Senate. Whatever is impact. DAYTON. Would that be all right with written, it is exaggerated. There is so I am very much aware the leadership all the Senators? much that happens in this body based on the Armed Services Committee, Mr. WARNER. I think we see the dis- on the work of the Senators. There is under the chairman from the State of tinguished leader wishing to comment. no better example of that than the Virginia and the ranking member, our Before we close out on that UC—— Senator from Virginia and the Senator friend from Michigan, also has these Mr. LEVIN. Mr. President, if I could from Michigan. They have worked to- same concerns. In particular, Virginia have 30 seconds before we file that. Let gether for many years on this most im- is a coastal State. They worry about me thank Senator LAUTENBERG for his portant committee. They do it in a bi- what happens on their coasts. They comments and assure him one of the partisan fashion. They have done, I worry about the sea life that is there, reasons this conference lasted I think really do believe, an exemplary job of as well as the condition of the habitat. longer than any conference in history, bringing this bill to the Senate. Virginia has some fairly strict require- 147 days, was because of those two en- This conference was long, grueling, ments to make sure there is not a lot vironmental provisions which, until and hard. But there are a lot of con- of damage done to the sea environ- the end, many of us fought very hard ferences which we have been unable to ment. against. complete. This one has been completed, The rider that was developed would The House prevailed. There would even though it deals with the most im- essentially give the Pentagon a cat- not have been a conference report, ba- portant aspect of our country—its na- egorical exemption to the provisions of sically, if we had just refused to give in tional security. the Marine Mammal Protection Act. on this. Ultimately we did not have the I want the RECORD to be spread with The Department of Defense receives votes on this side to carry on in that the fact that so much goes on in this 38 percent of all permits under the Ma- particular course of action. But I as- body as a result of the goodwill of lead- rine Mammal Protection Act. Well sure the Senator from New Jersey I, as ers, but the two members on this com- over one-third of these permits will one Senator, agreed with his com- mittee are exemplary. You can’t find now be exempt from efforts made to ments. The provisions that were in the better leaders. They are Members who limit the harm done to marine mam- House bill, however, ultimately pre- have set aside their personal pref- mals. I am very disappointed these pro- vailed. That is what happens with some erences on many occasions for the good visions have been included in the con- of these conferences. We basically win of the country—I shouldn’t say on ference report. some and lose some, and as far as I am ‘‘many’’ but on most occasions—for the I can tell you a few other people who concerned we lost on this one, and so good of the country. They come from are disappointed. They are my grand- did the world. different approaches on what should be children and my children. They love Mr. WARNER. Mr. President, I will in a bill, but when it all boils down, the sea, and they love what lives in the simply add to my colleague’s accurate they do what is best for the country. sea. I have a child who lives in Florida, description that there was some men- I have told both of these Senators a daughter with two kids. They know tion you didn’t particularly like the that I feel good for my grandchildren what the marine mammal life is about. way it was written in conference. In as a result of the fact that every night They are very conscious of the fact fact, it was not. It was provisions these men are responsible for what that people should not hurt them, adopted by the House. There were just takes place in the Senate dealing with

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.103 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14435 the U.S. military. I say that without and twenty-five thousand retired dis- tion will provide much needed improve- equivocation, and without hesitation. abled veterans are going to now be able ments in housing, especially for our There are a lot of good things in this to receive their disability benefit as bases back in North Carolina. bill. But the thing I want to talk well as their retirement compensation TRICARE is also expanded for Re- about—and others can talk about other because of his leadership. There are serve components under this legisla- aspects they think are important—is others, obviously, who participated. tion, something that is so desperately concurrent receipt. We started on this There always are. The Senator from needed at a time when we are relying journey a number of years ago. It was Nevada is very generous in sharing so heavily upon our Reserve Forces. a lonely journey. I worked hard to that credit. This means our reservists and their focus attention on this issue. Attention Surely our chairman, Senator WAR- families will get the health care and has been focused not by me but by vet- NER, deserves a great deal of credit, as medical attention they need. erans throughout America. Because of others here deserve credit, along with This legislation remembers our vet- them, we are at the point where we are Senator REID. I know Senator WARNER erans who deserve so much for their now. will agree with me. As he just pointed committed service to our country. It is The negotiations on this issue alone out, Senator REID has truly been a unfair for disabled veterans to pay for in this bill were grueling. I had con- leader in this effort. It would not have their own disability compensation. tacts with both managers of this bill happened without his leadership. There Legislation enacted last year restored over the months. It was difficult to ar- are 225,000 veterans and their families benefits to retirees with disabilities rive at a point where we now are; that out there tonight who will receive this who were awarded the Purple Heart or is, people who are 50-percent disabled benefit which they have earned and de- were severely disabled by combat-re- will be able to draw both their retire- serve who otherwise would not have re- lated activities. It was a good begin- ment pension and their disability bene- ceived it. ning. fits. That is tremendous. Of course, I am sure the President will sign this The legislation before us now goes that is something we all wanted to ac- bill, even though at one time it was further by allowing special compensa- complish. But it costs a lot of money, suggested that the Secretary of De- tion to be extended to all military re- and we are going to do more in the fu- fense would recommend a veto. I can’t tirees whose disabling condition was ture. believe that will now, in fact, happen. I due to combat or combat-related oper- ations. I want the two managers of this bill thank the Senator for his leadership. Additionally, concurrent receipt will to know how much I personally appre- Mr. WARNER. Mr. President, if I be phased in over the next 10 years for ciate the work they have done on this may simply add, if the Senator will in- those retirees with noncombat-related particular aspect of the bill. But I dulge me, because this is a very impor- disabilities of 50 percent or greater. speak for veterans communities all tant point about the work that was And the fight is not over. Our next step over America, saying this is a tremen- done on concurrent receipt. In the final is to work to find a solution that meets dous bit of work to be able to arrive at analysis, the administration came to the goal of full concurrent receipt for this point; to think that we would be fully support it and worked with us. all military retired who are eligible for here talking about a 50-percent dis- I also salute Senator MCCAIN who disability benefits. ability and receiving all of their bene- was tireless in his efforts on this very As a member of the Senate Armed fits. A few years ago, it would not have legislation through the many years I Services Committee, I will continue to been possible but we are there. have worked on it with him and others. keep this a priority. My admiration to the two managers I yield the floor. I am also pleased to see the of this bill goes even further. It didn’t The PRESIDING OFFICER. The Sen- multiyear procurement for the F–18 go unnoticed last night as I was spend- ator from North Carolina is recognized. Super Hornets in this bill. This is the ing a lot of time on the floor that to Mrs. DOLE. Mr. President, I have first step toward basing this new mis- my right was my friend from Michigan great respect for Chairman WARNER sion in North Carolina. Soon it will who was with me for the last several and Ranking Member LEVIN for their bring over 1,000 new jobs to eastern hours of my little odyssey. He and I exemplary work on this conference re- North Carolina where they are des- were here alone. I appreciated that port which will go so far toward im- perately needed. very much. proving our Nation’s defenses and giv- The legislation also authorizes $11 For the two managers, good work for ing our men and women in the Armed billion for the defense science and tech- America. Forces the resources they need. It is a nology program, including $797.6 mil- Mr. WARNER. Mr. President, I appre- great privilege to serve with these two lion for the critical, high-payoff ciate the expressions of the distin- outstanding leaders on the Committee science and technology programs. guished assistant minority leader. But on Armed Services. Many of these transformational tech- he is so accurate about the veterans For the thousands of North Caro- nologies will be coming from new inno- groups. They are all experienced lobby- linians serving overseas, this bill is vative businesses in North Carolina as ists. Somehow I don’t look upon them most important for them and for their well as from our exemplary university exactly as lobbyists. They are by and families. One of the most fundamental system. large all veterans. They very conscien- duties of the Federal Government is to It also increases by more than 30 per- tiously reflect what is felt by Ameri- provide for the common defense. As I cent the funding for special operations cans in their hearts with regard to vet- have said so often, if our young men to include over $61 million for weapons erans. They translate that feeling into and women are being called into systems, psychological operations ca- legislation. harm’s way, they must have the best pabilities, and enhanced intelligence. This was a long, long trail across equipment, the very best training, and And we all know how much we have re- rough terrain over many years. But I the highest morale. With this bill, we lied on our brave and daring special must say to my good friend from Ne- are giving them just that. forces literally on the front lines in the vada that had it not been for his stead- This legislation provides a 3.7-per- war on terror. fast and always unheralded leadership cent pay raise to all of our uniformed The committee worked long and hard we would not be here tonight with this service personnel, and it continues the on the various ‘‘buy American’’ provi- provision in this bill. I thank the Sen- family separation allowance that helps sions, particularly the Berry amend- ator. provide much needed dollars for ment, which I am so pleased remains Mr. LEVIN. Mr. President, if I could spouses and children when their loved strong. At a time when we are all con- ask Senator DOLE to yield for just 1 ad- ones are deployed. cerned about manufacturing jobs, I am ditional minute, I want to thank the There is a provision to continue spe- glad we are going to take a good hard Senator from Nevada for his leadership cial pay for duty in hostile fire or im- look at our industrial base to make in this area, and for his kind remarks. minent danger. I am also pleased that sure that we give our troops the best But let it be very clear. The Senator the housing needs of our military per- equipment for years to come. from Nevada has led the fight on this sonnel and their families are so strong- At Seymour-Johnson and Pope Air concurrent receipt issue. Two-hundred ly supported in this bill. The legisla- Force Bases, at Cherry Point Marine

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.122 S11PT1 S14436 CONGRESSIONAL RECORD — SENATE November 11, 2003 Corps Air Station, and Fort Bragg and CARL LEVIN. They have also led mem- icit for the Federal budget for the same Camp Lejeune, I was deeply moved by bers on the Armed Services Com- fiscal year 2004 which we have just the dedication, the commitment, the mittee, on which I am proud to serve, begun is estimated to exceed $500 bil- patriotism of the members of our to pass legislation, first in the Senate lion. That happens to be approximately Armed Forces and their families. They with overwhelming bipartisan support the expenditure for our national de- make me proud and thankful to be an and now in the conference with the fense. It is not right to single out de- American. I am honored to have had House, with President Bush’s civilian fense spending as the cause of that def- the opportunity to work on this legis- defense leadership and with our Na- icit. It is right, in fact, to single out lation and give something back to our tion’s military command, Chairman everything as the cause of that deficit. men and women in uniform. Richard Myers and the members of the Regarding our spending and our tax This is a good bill. It goes a long way Joint Chiefs of Staff who serve this policies, which the Concord Coalition, toward strengthening our military, country with such great distinction. a coalition of business men and women protecting our military families, and As George Washington said in 1793, in and previous leaders of this Nation, re- caring for our veterans. I applaud the his fifth annual address to Congress: cently called the most reckless fiscal committee for its work and urge my ‘‘If we desire to avoid insult, we must policy in this Nation’s history—4 years colleagues to support this legislation. be able to repel it. If we desire to se- ago, in fiscal year 2000, the total Fed- I yield the floor. cure peace, it must be known that we eral revenues coming from the personal The PRESIDING OFFICER. The Sen- are at all times ready for war.’’ income tax, the corporate tax, the ex- ator from Minnesota is recognized. The succeeding 210 years have proven cise tax, the estate tax, and the capital Mr. DAYTON. Mr. President, I rise President George Washington’s wisdom gains tax equalled, for the first time in today to join with my colleagues in and the imperative that we follow that 40 years in our Nation’s history, the ex- support of this conference report, the advice. With this legislation, we have penditures other than Social Security national defense authorization bill for continued that bipartisan commitment and part of Medicare which we call the fiscal year 2004. At the outset, I express and upheld that most sacred trust, the on-budget expenditures, which include my appreciation and my utmost re- protection and safety of our fellow citi- all of our expenditures for national de- spect for the two outstanding leaders zens across this great Nation and, so fense, military operations, intel- of the Senate Armed Services Com- much as humanly possible, throughout ligence, and other ongoing activities. mittee, Chairman JOHN WARNER from this world. For this fiscal year just completed, Virginia and Ranking Member CARL The final bill before the Senate au- 2003, those revenues amount to only LEVIN from Michigan. thorizes $401.3 billion in budget author- two-thirds of those expenditures. And When I was preparing to join the Sen- ity for fiscal year 2004 with additional next year, if projections hold, revenues ate 3 years ago, I asked two of my dis- funding authorized for the acquisition will be even less than two-thirds of tinguished Minnesota predecessors, of 100 tanker aircraft. The Defense ap- those expected expenditures. former Senator and Vice President propriations measure, which this body I regret we live in a world where this Walter Mondale, former Senator David has passed, which will come back in much money must be spent on our na- Durenberger, and my long-time friend conference reports that we will pass tional defense. I would rather we could and then-colleague-to-be, the late Sen- again with overwhelming bipartisan spend the money on special education ator Paul Wellstone, for their advice on support, will obligate most of that for all of our children, who are now committees to seek assignment. All funding, which does not count the $67 still being left behind, and that it could three enthusiastically recommended billion in the recent supplemental ap- be spent on student aid for our young the Senate Armed Services Committee propriation for ongoing military oper- adults, who are going tens of thousands for two primary reasons: First, it is of ations in Iraq and Afghanistan, which of dollars into debt just to complete paramount importance with responsi- means that, in total, in fiscal year 2004 their undergraduate and postgraduate bility to assure this Nation’s over- we will spend over $500 billion for our education. whelming military superiority now and national defense and military oper- I wish the money could go to buy pre- forevermore; Second, the unparalleled ations. scription drug coverage for our senior opportunity to serve under, work with, Some of my constituents would say citizens and other Medicare recipients and learn from the two incomparable that is too much. Some would say it is that would be as good as what the committee leaders, Chairman WARNER too little. It is unquestionably a great Members of Congress receive. I wish we and former chairman, now ranking deal of money. As a great former Sen- could provide health care to the 44 mil- member, LEVIN. The advice of my fel- ator and colleague and member of the lion Americans who receive no health low Minnesotans was prescient in both Senate Armed Services Committee, coverage at all. I wish we could rebuild respects. Max Cleland, would say, $500 billion our highways and improve our mass For all the attention that is given to does not go as far as it used to. transit systems, add to our bridges, and this body’s partisan differences and dis- But freedom is not free. Today, on advance our infrastructure. cord, what are usually overlooked, Veterans Day, as we honor the brave There is so much else we can do for though fortunately much more preva- men and women who have sacrificed the betterment of our citizens, but, un- lent, are the bipartisan profes- their lives, their bodies—as Senator fortunately, there can be none of these sionalism, mutual respect, and shared Cleland did—we are reminded once homeland improvements without im- commitment to do what is best for again that freedom is priceless and proved homeland defense. We cannot America, for all of America. That ethic ever more expensive. achieve national prosperity for all of is what predominates in the Senate But the results in Iraq and Afghani- our citizens if we do not first and al- Armed Services Committee. It begins stan should assure our Nation that the ways achieve national security for all with the personal conduct and profes- money we have spent has been well of our citizens. sional relationship of these two ex- worth it and well spent. It has saved As I said, the experience of the last 3 traordinary public servants and na- American lives in those theaters and it years should assure all Americans that tional leaders, JOHN WARNER and CARL has saved the lives of other people in those national defense dollars are being LEVIN. the world. It has protected the world well spent and that we are well served, At any time in our Nation’s history, from some of the most evil forces well protected as a result. but especially during the unprece- imaginable and from that most awful In Afghanistan, the United States dented circumstances of the last 3 of possible occurrences, a nuclear ca- military accomplished, in 10 weeks, years, since the September 11, 2001, at- tastrophe. what the old Soviet Union could not tack, the two wars that followed and My fellow citizens should recognize accomplish in 10 years: the routing of are still ongoing in Afghanistan and that we are not, all of us, together, the Taliban and the restoration of the Iraq, our Senate and our Nation are ex- paying that price. We are borrowing it beginning of a new government, a gov- ceedingly fortunate in the leadership of and passing most of the costs of its re- ernment of the people of Afghanistan. these two outstanding men, Chairman payment to our children and our grand- In Iraq, it took only 3 weeks for the JOHN WARNER and Ranking Member children. The projected fiscal year def- United States forces on the border to

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.125 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14437 occupying Baghdad, the nation’s cap- to reenlist, to stay a part of keeping Even those disagreements that some- ital. The difficulties that have oc- this Nation as strong as it must be. times preoccupy us, that capture the curred since then have not been the re- They are taking awfully good care of headlines, that seem to be the descrip- sult of failed military strategy or its us. It is imperative that we take as tion of this great body, are, in fact, as execution but, rather, the failure of se- good care of them as we possibly can. our distinguished Democratic leader, curing the peace to catch up with win- The same measure of standard should TOM DASCHLE, has reminded us regu- ning the war. apply to our veterans who have served larly, the noise of democracy. Our Armed Forces, our fellow Ameri- us formerly who are now moving on in It is because we can all stand in this cans—our sons, our daughters, our years. body and express our views and agree brothers, our sisters, wives, husbands, I note, as others have, with great ap- or disagree, hopefully, respectfully, mothers, and fathers—in the words of preciation, the outstanding efforts of with one another. Regardless, that we the motto of the U.S. Army’s Second the Senate Democratic assistant lead- can do so, and go home to our families, Division, which I visited in April with er, HARRY REID of Nevada, who has to return the next day to offer our best Senate Majority Leader FRIST, and championed the concurrent receipts for judgments and ideas, again without others of my colleagues—are ‘‘second all of our veterans who have suffered fear of incarceration or execution or to none.’’ The U.S. military is second disabilities, who reach the age where obliteration—that is what is priceless to none. It is the best, the bravest, the they also are eligible for Social Secu- about this Nation. That is what this most accomplished, intelligent, and pa- rity and other retirement benefits. bill is intended to preserve. triotic armed forces anywhere in the Why they should be penalized, unlike I believe that the committee, and the world, anywhere in the history of the anyone else in the private sector or the conference committee, the men and world. public sector, is beyond me—those peo- women serving in our Armed Forces, I am especially proud, as a Minneso- ple who have served and who have paid the civilian leadership of this country tan, of our State’s and other States’ re- the price with their own physical infir- under President Bush and his civilian servists and National Guard men and mities, wounds, sometimes maimings. defense leadership, the Joint Chiefs of women, who are now—many of them— Today I was at the Korean War Me- Staff, and the command of the military on active duty serving in their second morial with a group of Minnesotans, of this country, for whom I have felt some of whom could not walk and were or even third tour of duty in recent the greatest respect and regard—I in wheelchairs—amputees because of years. They deserve our gratitude, and, think our fellow Americans can sleep the wounds they suffered fighting for more than that, they deserve our ongo- well tonight with the knowledge that this Nation’s freedom and the security ing support. they are being well protected. It is very important, as others have of the world in Korea over half a cen- Mr. President, I yield the floor. noted, that this authorization provides tury ago. Why they should be penalized The PRESIDING OFFICER. The Sen- for a significant pay increase for our now in their older years for that serv- ator from Virginia. ice, for what they earned, and what Mr. WARNER. Mr. President, I ex- Active Forces. It establishes, for the they paid for with the price of their press my appreciation to the distin- first time, the coverage on health care own bodies, is somewhere where we guished Senator from Minnesota for his to some of the members of the Reserve still, as a nation, have fallen short in work on our committee throughout the and National Guard, those who do not our responsibility to them. year. He volunteered to travel to Iraq presently have the opportunity to ob- To phase it in, with all due respect to with our CODEL, and he is ready to tain that health coverage through all of us who made this effort—but pick up the burdens at any time he is their private employers, to be covered against the fervent opposition, which I requested. I thank him also for the re- not just when they are on active duty— do not understand, of the administra- spectful way in which he referred to which they increasingly are—but year- tion, to immediately correcting this our former colleague whose seat he round. injustice—to phase it in over 10 years, proudly holds today. I viewed, on Sunday night, the ABC to me is unconscionable—indefensible The PRESIDING OFFICER. Who televised report that said of the reserv- and unconscionable. seeks recognition? The Senator from ists and the National Guard men and We have put tax relief for the Michigan is recognized. women presently serving in Iraq, only wealthiest people of this Nation in Mr. LEVIN. Mr. President, let me 54 percent indicated they would reen- place and made it retroactive. We have join Senator WARNER in thanking Sen- list, which is understandable, given the tax relief coming in and out and in and ator DAYTON, first for the very overly severe circumstances they are experi- out and back again within the same 10 generous comments he made at the be- encing there, as the chairman and years we are talking about phasing in ginning of his remarks. They are obvi- ranking member and others of us, in- this deserved benefit—earned benefit— ously very warm and very much appre- cluding myself, experienced briefly last for our injured veterans of America. ciated. The references he made to the July in that country. That is another critical task that I former colleagues of ours are particu- I would expect that with the oppor- know this body, which passed it over- larly important personally to both tunity to return to home and families, whelmingly last year—and the efforts Senator WARNER and to me, and we are that percentage would increase, but it of the chairman and ranking member very grateful for them. underscores how imperative it is we of this committee, if they had been Senator DAYTON has brought to our create incentives for these courageous able to prevail, would have been ap- committee and to this body a very men and women, and for their families, plied fairly and immediately to all of great passion, not just for Minnesota— and for their employers. They undergo our disabled veterans. But it is a task although Lord knows that passion is the sacrifices that they must to be in that all of us must undertake again there for issues that affect Minnesota, the Ready Reserve and to step in, in next year. including his Guard and Reserve that these times of national emergency. We There are important measures in this are so close to his heart—but also the need to provide health coverage for legislation that benefit the State of defense issues that affect every citizen them and for their families. Minnesota, as other States. What is of this Nation. Perhaps typical of him I salute the chairman and the rank- most important is that this is a meas- was the way in which he identified, ing member and Senator GRAHAM of ure that benefits our entire country. with a number of other colleagues, a South Carolina, who also spearheaded I would say again that the bipartisan problem for the service men and this measure in this Senate, who has spirit of the committee, of the Senate, women who are coming back on leave assured me this is the first step toward with regard to national defense, both from Iraq and who are dropped off at securing, hopefully next year, complete before but particularly during most of Baltimore Airport and have no way to coverage under the Federal health care the 3 years I have been in the Senate, get to their homes. Senator DAYTON system for all of our reservists and Na- which has included the post-9/11/2001 joined a few others in this body to tional Guard men and women because era, has been probably my proudest make sure in that supplemental appro- it is the right thing to do, it is the hu- participation in the Senate because we priation we would get them home, not mane thing to do, and it is the best are first and foremost, all of us, Ameri- just to our shores but to their own per- thing we can do to offer them a reason cans. sonal homes.

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.128 S11PT1 S14438 CONGRESSIONAL RECORD — SENATE November 11, 2003 That is the kind of personal approach ing Air Force tanker fleet and the ur- be important tools in helping to reduce he takes toward issues, a combination gency of the requirement to replace the proliferation risk from nuclear, of great passion and tenacity and those aircraft. In my view, the Air chemical, and biological materials in forthrightness and directness and guts Force was deficient in the case they the former Soviet Union. and courage, taking on a lot of tough tried to make that there is an immi- We give the President the authority issues, but also a very personal ap- nent risk to the fleet, but the Air which the President requested to con- proach. We are very glad he is on the Force did show a long-term require- tinue the destruction of chemical Armed Services Committee and grate- ment for tankers that will ultimately weapons in Russia. It fully funds CTR ful for the contribution he makes to require the fielding of replacement air- programs. But at the request of the ad- our committee. craft. ministration, with full support of Sen- If the chairman has no other matter, At the same time, the Government ator LUGAR, who really was a leader in I thought what I would do is very brief- Accounting Office, the Congressional this, and the full support of our chair- ly continue with a few comments. I Budget Office, and the Congressional man and our committee, we have now began a rather lengthy statement I was Research Service all raised serious for the first time, using the authorities going to make about the Defense au- questions about whether the lease pro- in the agreement, allowed the Presi- thorization bill, and I have a few addi- posal presented by the Air Force was in dent to use these cooperative threat re- tional comments. the best interest of the taxpayers. Ac- duction funds from the Department of Where I left off a couple hours ago cording to these independent analyses, Energy Materials Protection and Con- was making reference to the fact we in- the tanker lease proposal was likely to trol Program to meet emerging threats creased the Active Duty end strength cost the taxpayers as much as $5 bil- in other parts of the world. It is no of the Army in this bill by 2,400. That lion more than a traditional purchase longer limited now to the former So- is a small number, given the demands of the same aircraft on the same sched- viet Union. we are placing on our troops, but at ule. Again, Senator WARNER’s total sup- least it gets us on the right road. Sen- After considering these issues, Sen- port of this change was instrumental in ator JACK REED worked hard for this ator WARNER put forward an alter- making it happen. increase. Senator WARNER and I in con- native approach under which the Air Mr. WARNER. Mr. President, if the ference did the best we could, given the Force would lease 20 tanker aircraft Senator will yield, it certainly was his circumstances we faced and the limits and purchase the remaining 80 aircraft leadership on those issues, the CTR, we had to deal with. But Senator REED contemplated in the original lease the expansion. Truly, I joined you, and was determined we would do what it is agreement. I supported this creative felt strongly about them. We were clear to all of us we must do and con- approach. It would reduce the acquisi- steadfast when the four of us finally sider more of, which is to take a look tion cost for aircraft by more than $4 got into the conference and settled at the huge demand we are placing on billion dollars, while allowing the Air those points. our troops, take a look at the sus- Force to acquire the full 100 aircraft Mr. LEVIN. I thank the chairman. tained callups of our National Guard that they say they need. Finally, I am pleased that the con- and Reserve components since the In order to help the Air Force with ference report includes a Senate provi- Vietnam war. its funding problems, we agreed to au- sion authorizing the expansion of the We now are watching them more and thorize incremental funding of the 80 Cooperative Threat Reduction program more deployed for extended periods and aircraft purchase, so that the Air Force of the Department of Defense and the repeated deployments of the same can budget for aircraft construction nonproliferation programs at the De- Guard and Reserve units. We have to costs in the year the costs are in- partment of Energy outside the Former address this issue. There are many curred, rather than obtaining full Soviet Union. These programs have ways to do it, but one of them is to budget authority at the time the order proven to be important tools in helping take a look at increasing the end is placed. Incremental funding is not reduce proliferation risk from nuclear, strength of our Active-Duty people. We generally a good idea, but it is a sig- chemical and biological materials of decided we would start this year with nificant improvement over the lease the Former Soviet Union. This con- the Army where the greatest crunch approach originally proposed by the ference agreement also provides the has been felt. That 2,400 personnel in- Air Force in this case. President with the authority he re- crease authorized by this bill again is a I want to specifically point out the quested to continue destruction of relatively small increase given the de- very creative role of Senator WARNER chemical weapons in Russia, and fully mands on our troops, but it is an im- in coming up with a solution which I funds the CTR programs. portant statement of where this com- was proud to support. This is his cre- As we have all come to appreciate, mittee is. ative solution to a real problem. We however, the risk that nuclear, chem- We are also pleased the conference have a need for new aircraft. The prob- ical and biological materials and report includes a proposal which Sen- lem is the resources were not there for knowledge will proliferate is not lim- ator KENNEDY and others were very in- them. The right way to do this is pur- ited to Russia and the other States of strumental in proposing which would chase, not lease. We did the best we the former Soviet Union. For the first serve to expedite the naturalization of could to make it clear at the same time, using the authorities provided in lawful permanent residents serving in time we acquire these aircraft, we want this agreement, the President will be the military, and their families. These to do it with minimum damage to the able to use CTR funds, and funds from are men and women in uniform who usual procurement rules which require the Department of Energy, DOE, Mate- willingly put their lives at risk to pre- a purchase rather than a lease of equip- rials Protection and Control program, serve our freedoms. They deserve noth- ment of this kind. to meet emerging threats in other ing less than full participation in those I was also pleased the conference re- areas of the world. freedoms as citizens. port includes a Senate provision au- I had previously expressed my grati- The expedited and naturalization of thorizing the expansion of the coopera- tude to Senator COLLINS for her ex- lawful permanent residents who do tive threat reduction program of the traordinary leadership in this effort. serve in the military, and also for their Department of Defense and the non- Her assessment on the floor is one I families, has been championed by Sen- proliferation programs at the Depart- join. ator KENNEDY and a number of other ment of Energy, outside of the former The House bill contained a provision, colleagues of ours. That provision is in Soviet Union. That was the change we based on an administration proposal, our bill. were able to make. This is the basi- that would fundamentally alter the This conference report also addresses cally flowering of the Nunn-Lugar pro- Federal Civil Service System by au- the Air Force proposal to lease, rather gram. Senator LUGAR, of course, who is thorizing the Secretary of Defense to than buy, 100 new tanker aircraft. The still in this body, is the one who has waive certain provisions of law gov- Senate Armed Services Committee promoted and prodded and pressed us erning employee performance, pay and spent many hours trying to gauge the to do this. He has been absolutely right allowances, labor relations, hiring and severity of the problems with the exist- on this program. They have proven to firing, training, pay administration,

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.131 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14439 oversight and appeals. The House pro- The Homeland Security Act author- Section 7114 states that a labor orga- vision included few legislated proce- ize the Secretary of Homeland Security nization which has been accorded ex- dures and processes for the new civilian to waive any and all of the provisions clusive recognition as the exclusive personnel system, other than the re- of Chapter 71 of Title 5, which governs representative of the employees in the quirement that the new system be labor-management relations for Fed- unit represents and requires an agency ‘‘flexible’’ and ‘‘contemporary’’. eral employees. This waiver authority to bargain in good faith with such a The Federal Civil Service System gives the Secretary of Homeland Secu- labor organization. The unique labor was established more than a century rity complete authority to establish relations system established by the ago to replace a patronage system that any new labor relations system he may Secretary must preserve this right. was characterized by favoritism, and choose, with virtually no statutory Section 7116 provides that it shall be abuse. While reform and streamlining limitation. The House bill would have an unfair labor practice for an agency of that system is a reasonable objec- provided the same authority to the to interfere with, restrain or coerce tive, it is equally important that we do Secretary of Defense. employees or to refuse to consult or ne- not allow those abuses to resurface. This conference report does not in- gotiate in good faith with a labor orga- The House bill would not only have clude any authority to waive the re- nization. Nothing in the conference re- provided the greatest shift of power to quirements of Chapter 71. On the con- port gives the Secretary of Defense any the executive branch in memory, it trary, as the Chairman of the House authority to waive or modify this re- would also have put us at risk to some Government Reform Committee point- quirement. of the abuses of the past. ed out on the House floor last week, Section 7118 authorizes the General Senator COLLINS and I worked to- this bill specifically lists the provi- Counsel of the FLRA to investigate al- gether closely to fashion a bipartisan sions of Chapter 71 as being non- legations that any person has engaged bill in the Governmental Affairs Com- waivable. The bill before us states, and in unfair labor practice. Nothing in the mittee that would provide the Depart- I quote, ‘‘Any system established conference report gives the Secretary ment of Defense the new personnel [under this provision] shall . . . not of Defense any authority to waive or flexibility that it needs, while pre- waive, modify, or otherwise affect’’ modify this requirement applicable to serving important protections for indi- Chapter 71. This means that the De- an independent federal agency. partment of Defense, unlike the De- vidual employees. Our bill was ap- Unfortunately, the conference report partment of Homeland Security, re- proved by the Governmental Affairs does provide for exceptions to the ap- mains subject to the collective bar- Committee in early June and became plicability of Chapter 71. In this regard, gaining requirements of Chapter 71. the conference report specifically pro- the basis for our negotiations in con- The conference report also states vides that the labor relations system ference with the House. that, notwithstanding the provision The bipartisan approach that Sen- established by the Secretary ‘‘shall preserving the full force and effect of ator COLLINS and I took on this issue provide for independent third party re- Chapter 71, the Secretary ‘‘may estab- met with opposition from the adminis- view of decisions, including defining lish and from time to time adjust a tration at every turn. At times, it ap- what decisions are reviewable by the labor relations system for the Depart- peared that some of our opponents ment of Defense to address the unique third party, what third party would were less interested in enacting sound role that the Department’s civilian conduct the review, and the standard human capital provisions than they workforce plays in supporting the De- or standards for that review.’’ It also were in providing as much power as partment’s national security mission.’’ states that national level collective possible to the Secretary of Defense. These two provisions must be read bargaining shall ‘‘be subject to review Nonetheless, we were able to build together and both must be given mean- by an independent third party only to some important protections into the ing. The first provision states that the extent provided’’ under this proc- legislation that is included in this con- Chapter 71 may not be waived or modi- ess. This language appears to preclude ference report. These include provi- fied. The second provision states that the appeal of such issues to the Federal sions from the Collins-Levin bill that the Secretary may establish a unique Service Impasses Panel under section would: preserve the right of individual labor relations system. For both provi- 7119 of Title 5. employees to appeal adverse personnel sions to have meaning, the unique While I was disappointed by the deci- actions to the Merit Systems Protec- labor relations system established by sion to include language limiting the tion Board and, if necessary, the the Secretary must be consistent with review of collective bargaining deci- courts; ensure that the new personnel the requirements of Chapter 71. For ex- sions, the preservation of other rights system cannot be used as a basis for re- ample: Section 7102 of Chapter 71 states under Chapter 71 makes this provision ducing the amount of money allocated that each employee shall have the far preferable to the personnel provi- to civilian pay accounts; provides spe- right to form, join, or assist any labor sions in the House bill or the Homeland cific guidance and direction on the im- organization to engage in collective Security Act. Senator COLLINS’ com- plementation of a pay-for-performance bargaining with respect to the condi- mitment to this issue has ensured that system; ensure that the Office of Per- tions of employment through rep- Department of Defense employees will sonnel Management will play a central resentatives chosen by employees. The have far greater protection under the role in developing a new personnel sys- unique labor relations system estab- National Security Personnel System tem for the Department of Defense; and lished by the Secretary must preserve than they would otherwise have en- provide for the orderly phase-in of the this right. joyed. I commend her for her steadfast new personnel system. Section 7105 states that the Federal determination to make this provision The outcome on collective bar- Labor Relations Authority FLRA shall as balanced and as fair as possible. gaining issues was more of a mixed determine the appropriateness of units Several of the environmental provi- bag. I believe that the right of employ- for labor organizations representation sions in the bill go far beyond what is ees to participate in labor organiza- and supervise or conduct elections needed to address the legitimate needs tions of their choosing, and to engage within such units. Nothing in the con- of the Department of Defense. in collective bargaining through such ference report gives the Secretary of The first of these would exempt de- organizations, is a fundamental one in Defense any authority to waive or fense lands from critical habitat des- our society. This view does not appear modify this requirement imposed on an ignations without establishing a suit- to be shared by the White House or the independent Federal agency. able alternative environmental safe- Department of Defense. Section 7111 requires an agency to ac- guard. Both the House bill and the Sen- Nonetheless, the collective bar- cord exclusive recognition to a labor ate bill recognized DOD’s interest in gaining provisions that Senator COL- organization if the organization has greater flexibility for military training LINS and I were able to negotiate on been selected as the representative by by allowing the use of an ‘‘Integrated this bill are substantially better from a majority of the employees in a bar- Natural Resources Management Plan,’’ our perspective than comparable provi- gaining unit. The unique labor rela- INRMP, adopted by DOD to protect en- sions included in the House bill and the tions system established by the Sec- dangered species in lieu of a critical Homeland Security Act. retary must preserve this right. habitat designation, which would be far

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.050 S11PT1 S14440 CONGRESSIONAL RECORD — SENATE November 11, 2003 more restrictive. However, the Senate marks a major shift in American pol- This is an area where many of us bill included a threshold test—used by icy, is inconsistent with our long- have been deeply troubled by the direc- the past two administrations—before standing commitment under the Nu- tion of this administration because it an INRMP could be approved as a sub- clear Nonproliferation Treaty, and un- would seem at the same time we are stitute for a critical habitat designa- dermines our argument to other coun- trying to dissuade other countries from tion. The House bill contained a much tries around the world that they should going forward with nuclear weapons de- less careful approach. not develop or test nuclear weapons. velopment, when we strongly oppose In the course of the conference, we With this legislation and related ac- North Korea’s pulling out of the nu- offered a long series of possible com- tions over the past 2 years, the Bush clear nonproliferation treaty and when promises on the threshold test. We sug- Administration appears to be moving we are spending over $1 billion to pre- gested that DOD at least show that the to change the traditional thinking vent the spread of nuclear weapons ma- INRMP provided a ‘‘reasonable ben- about nuclear weapons, to make nu- terial and technology, the actions we efit’’ for endangered species, or ‘‘appro- clear weapons more usable, and to see are taking here send the wrong mes- priate protection’’ for endangered spe- them as just another capability. Or, as sage, which is continuing to go down a cies—flexible tests that would have a recent article in the New York Times road of considering new and doing re- given the administration broad discre- Magazine suggests, to make the un- search on new nuclear weapons and tion to balance military readiness con- thinkable—thinkable. modernization of nuclear weapons. cerns against environmental protection Current U.S. law bans research and We put something of a lid on it by concerns. development of new nuclear weapons specific language which the chairman We were met with a complete stone that could lead to their production. introduced on the floor, which I very wall. We were told that while the Pen- The specific weapons covered by the much supported and which requires tagon would of course be ‘‘reasonable’’ ban are so called low-yield nuclear that before we move to a development and take ‘‘appropriate’’ steps, these weapons which have a nuclear explo- stage in any new weapon, that there be words could not be put into statute. sive yield of 5 kilotons or less. Five a specific authorization by the Con- Any adjective, we were told, would sub- kilotons is roughly a third the size of gress that does give at least some pro- tection, some certainty that we will ject the Department of Defense to the nuclear bomb that was used at Hir- not move to the development stage of a ‘‘litigation risk.’’ Of course, the only oshima, which immediately killed an new modernized nuclear weapon with- standard that raises no litigation risk estimated 140,000 people and left many out thorough consideration of the Con- is a standard that imposes no obliga- more injured. The Bush administration asked that this ban be repealed. This gress. That, at least, is some con- tion. That appears to be the course straint on that development. that is administration has chosen when conference agreement would do so. There is some satisfaction that the Finally, again, I thank our chairman it comes to environmental issues. conference agreement includes lan- for bringing this bill to the floor. It has Similarly, on the Marine Mammal guage adopted on the Senate floor, taken tenacity and patience and all the Protection Act, I believe that the Navy which would require specific congres- other wonderful qualities he has to has some legitimate concerns about sional authorization before the admin- make it possible. He has a wonderful the application of the current statute, istration may engineer, test, produce way of being inclusive and open in a but I was concerned that the language or deploy a low-yield nuclear weapon. way that is appreciated by everybody. in the House bill went too far in trying However, this requirement is a poor It has been noted on the floor many to address those concerns. As I read substitute for current law, which im- times in the last few hours. that language, the Navy would not poses a complete ban on the develop- I also thank our ranking minority even be required to seek a permit under ment of such weapons. members, as well as the other members the Marine Mammal Protection Act This conference report would also au- of our committee who chair the sub- unless its activities would disturb ma- thorize the Bush administration re- committees, for all the support they rine mammals populations to such a quest to continue work on a Robust have given to this bill throughout the significant extent that there are repro- Nuclear Earth Penetrator, RNEP. As year. It took a long, long time for this ductive or survival implications for the with low-yield nuclear weapons, the bill to come to the floor and, finally, species. If for some reason this weren’t Administration would be authorized to for us to come up with a conference re- enough, and a permit wasn’t granted, proceed with research, but would be re- port. We have a truly talented group of the provision would allow the complete quired to obtain specific authorization members on our committee. exemption of activities that would to engineer, test, produce or deploy the Of course, as the ranking member, I have an even greater adverse impact on RNEP. The RNEP program would mod- focus on the other ranking members of marine mammals. ify one of two existing low yield nu- the subcommittees, but I know I speak I offered to work with the Navy to clear weapons to create a nuclear for Senator WARNER in thanking all of try to reach agreement on more bal- weapon that will penetrate rock. Both the members of our committee. He has anced language that would still address weapons being looked at for possible already thanked all the members of the the Navy’s concerns. The Navy ini- modification are high yield nuclear committee for their work this year. tially encouraged such discussions, but weapons with yields that are approxi- I thank our staff for their hard work, the Department of Defense soon began mately 30 and 70 times the explosive including Judy Ansley, Rick DeBobes, to reject any change to the House lan- power of the Hiroshima bomb. Chuck Alsup, Ken Barbee, Mike Berger, guage. As was the case with the Endan- At a time when the United States is June Borawski, Leah Brewer, Jennifer gered Species Act, the Administration trying to dissuade other countries from Cave, David Cherington, Chris Cowart, rejected every proposal that could have going forward with nuclear weapons de- Dan Cox, Madelyn Creedon, Mitch garnered broad bipartisan support in velopment, when we strongly oppose Crosswait, Marie Fab Dickinson, Brie favor of an approach that would impose North Korea’s pulling out of the Nu- Eisen, Evelyn Farkas, Richard Field- virtually no obligation at all on the clear Nonproliferation Treaty, and house, Andy Florell, Brian Green, Department of Defense to be environ- when we are spending over a billion Creighton Greene, Bill Greenwalt, mentally responsible. I am concerned dollars to prevent the spread of nuclear Carolyn Hanna, Jeremy Hekhuis, that this approach could result in real weapons material and technology, Bridget Higgins, Bruce Hock, Gary and unnecessary harm to marine mam- these actions would send a terrible Howard, Andrew Kent, Jennifer Key, mals and a serious backlash against message. We are telling others not to Greg Kiley, Maren Leed, Gary Leeling, the Navy—which could undermine crit- go down the road to nuclear weapons. Peter Levine, Patty Lewis, Tom Mac- ical readiness activities in the long But instead of being a leader in the ef- Kenzie, Sara Mareno, Ann run. fort to prevent the proliferation of nu- Mittermeyer, Lucian Niemeyer, Cindy Finally, I am disappointed by the clear weapons, we are recklessly driv- Pearson, Paula Philbin, Lynn Rusten, outcome of the conference on nuclear ing down that same road. In short, the Arun Seraphin, Joe Sixeas, Christy weapons issues. In my view, this con- United States is following a policy that Still, Scott Stucky, Mary Louise Wag- ference report takes the United States we do not—and should not—tolerate in ner, Dick Walsh, Nicholas West, and in a dangerous new direction that others. Kelley Wilson.

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.053 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14441 We could not have come to this posi- so, when a service [member] dies, it’s a tear his family talk about the ‘‘Rocko’’ tion without our staff. If I can single in the fabric, a break in the whole, and all they so deeply loved and admired. At out Rick DeBobes’ work in particular, we can do is remember. the service, Marlin’s brother Derrick I know Judy will forgive me. This is his Today, I come again to the floor of said: first year as staff director on our side, the U.S. Senate to remember an Ohio My brother is a hero, my hero, our hero. He and Rick’s work has been nothing less serviceman who gave his life to protect is my inspiration. My brother’s legacy will than extraordinary. It is exactly what us, to protect our families, and to help live forever in our hearts. we have come to expect from him. liberate the Iraqi people. Army Private Without question, Marlin Rockhold I must also note Peter Levine, be- First Class Marlin Tyrone Rockhold, is a hero, and his legacy will live on cause of his continuous work. I prob- who proudly served with the 3rd Bat- through all who knew him and loved ably should not single out anybody talion, 7th Infantry Regiment of the him. other than Rick, but I think all the 3rd Mechanized Infantry Division, was In addition to his wife and daughter, members of the staff on this side will killed on May 8, 2003, by a sniper in left to cherish his memory are his also understand why I single out Peter, Baghdad. mother Mary, his father Gary, his step- in addition to Rick DeBobes, for the He was 23 years old. mother Joan, his grandmother Eileen, kind of work they have given this com- Marlin Rockhold—‘‘Rocko’’ to his his four brothers, Keith, Derrick, Greg- mittee this year. family and friends—was born in Ham- ory, and Anton, his two sisters, Brooke Mr. WARNER. Mr. President, I thank ilton, OH, on July 1, 1979. He attended and Kara, his in-laws Dorothy and my colleague. I take note that Peter school in Butler County and graduated Clarence and Demery and Patricia, and Levine is here and he has been referred from Hamilton High School in 1998, several aunts and uncles and nieces and to on our side as the damage control where he was a well-liked student and nephews. expert, and he is very effective in these member of the Hamilton Big Blue foot- I know they will miss Marlin deeply. areas. ball squad. As his grandmother, Eileen My thoughts and prayers are with I must inquire of my distinguished Henderson, described, ‘‘Marlin just them all. colleague, was the long hand of David about always had a smile. He was a I would like to close with something Lyles felt in this program, the former person you just had to like.’’ Marlin’s wife Davonna said. She said staff director of Senator LEVIN for Though a kidder growing up, Marlin this: these many years? I somehow see the also had a quiet, determined, serious I just want Marlin to be remembered—that fine hand of David Lyles. side. After graduation, he set out to re- he [won’t] be forgotten. I’ll never forget him. Mr. LEVIN. His influence continues. alize a dream—a dream he had since We, too, will never forget Marlin He is now my chief of staff on my per- childhood. Marlin Rockhold’s dream, Rockhold. We will always remember sonal staff. He takes, of course, a major was to join the military. From the him because, as President Reagan said interest in this area, as he always has. time he was a little boy, he wanted to at the conclusion of his remarks at Ar- I am sure Rick and Peter and all the become a soldier. He wanted to see the lington National Cemetery on that others would say having David on my world. He wanted to see a life outside Veterans Day 17 years ago: of Hamilton. He wanted to serve the personal staff is a big plus. We owe a debt we can never repay. All we Mr. WARNER. It is a big plus to us, country he so dearly loved. can do is remember [the soldiers who have also. I take this opportunity to thank And so, on March 4, 2002, Marlin died] and what they did and why they had to all of the staff members listed by my joined the Army and was sent to Boot be brave for us. All we can do is try to see good friend and colleague, Senator Camp at Fort Benning, GA. From that other young men and women never have there, he was stationed at Fort Stew- to join them. LEVIN. art, GA. On January 20, 2003, he was Mr. President, I want to reach across f sent to Kuwait and eventually went on the aisle, while nobody is looking, and TRIBUTE TO BILL MAULDIN shake hands with my colleague. We to serve in Iraq as part of Operation have worked together these 25 years Iraqi Freedom. Mr. DEWINE. Mr. President, today on and we are a pretty good team. It is a Mr. President, for as much as Marlin Veterans Day, we are reminded of the sheer joy to work with him. Rockhold loved the Army, he loved his sacrifices of all those who have served family even more. In fact, two days be- in our Armed Forces. We honor them, f fore he joined the service, on March 2, we remember them, and we thank MORNING BUSINESS 2002, he married the love of his life, them. Mr. WARNER. Mr. President, I ask DaVonna. Marlin was thrilled to begin Today I would like to talk about a unanimous consent that there be a pe- his family with her and her daughter, veteran who proudly served in World riod for morning business, with Sen- Therashia. He loved them both with War II, a veteran who died this past ators permitted to speak therein for up every ounce of his being. They meant year, and a veteran who has, I think, to 10 minutes each. the world to him. He devoted his life to great meaning for those who served in The PRESIDING OFFICER. Without them. World War II. He was a soldier who told objection, it is so ordered. While he was in Iraq, Marlin often the stories of World War II through The Senator from Ohio is recognized. wrote letters to his wife and his family. these drawings. That man, of course, is In one letter to his grandmother, he Bill Mauldin. He is remembered for de- f wrote that no one wants to fight a war, picting in his cartoons the average TRIBUTE TO ARMY PRIVATE but sometimes you do what you have World War II soldier, the person who FIRST CLASS MARLIN T. to do. was doing his job, just trying to sur- ROCKHOLD Through his service in the Army, vive, trying to get home; the average PFC Marlin Rockhold was doing what Mr. DEWINE. Mr. President, at a World War II soldier who won the war; wreath-laying ceremony at Arlington he believed in. He didn’t want to leave the average soldier to whom we all owe National Cemetery on this day—Vet- his family. He didn’t want to fight a so much. erans Day—nearly two decades ago in war. But Marlin Rockhold did what he While Bill Mauldin was depicting the 1985, President Ronald Reagan spoke felt he had to do. As Rev. Lonnie Na- soldier of that generation, in a sense he about the responsibility we, the living, pier said at Marlin’s memorial service: was depicting all those who serve and have in remembering those who have He was willing to join the fight for the who have ever served. died for us on the field of battle. At hopeless so that they might be free. Bill Mauldin passed away on January that ceremony, President Reagan said Marlin Rockhold was a good soldier. 22 of this year at the age of 81 following this: He was a good man. Marlin’s sister a courageous battle against Alz- heimer’s disease. There is a special sadness that accom- Brooke said he ‘‘always was deter- panies the death of a serviceman [or woman], mined to be happy. Now he’s with the World War II veterans felt and con- for we’re never quite good enough to them— Lord. He’s happy.’’ tinue to feel an attachment to Bill not really; we can’t be, because what they I attended Marlin’s funeral, and I am Mauldin because he really seemed to gave us is beyond our powers to repay. And grateful to have had the chance to hear understand what a typical GI was

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.142 S11PT1 S14442 CONGRESSIONAL RECORD — SENATE November 11, 2003 going through, and his drawings de- Nobel Prize winner Boris Pasternak. a tour with the 9th Marine Aircraft picted that. Bill Mauldin’s work as a Bill Mauldin has touched my genera- Wing during World War II. military and civilian cartoonist and tion with one of his most famous draw- Discharged as a Marine Sergeant, he writer brought a spirited, insightful, ings, a drawing I certainly remember returned to Rapid City, his wife, Grace, and human touch to the issues and peo- and I know anyone in my generation and a career in construction. To say ple whom he covered. He is perhaps remembers. It was a drawing from now that, in many ways, Ellsworth Air best known for two of the cartoon what has been 40 years ago of a statue Force Base is ‘‘The House That Ep characters he created, Willie and Joe, of Abraham Lincoln at the Lincoln Me- Built,’’ is no measure of hyperbole. Not whose adventures took them across morial with his face cupped in his only has he donated land and raised various battlefields of World War II. hand, weeping, following the assassina- money for the base, he actually con- Willie and Joe were both young en- tion of President John F. Kennedy. tributed to the construction of some of listees on the front lines of combat, I will not forget that image, and I am its buildings. During his time with very much like Mr. Mauldin himself, a sure there are many Members of the both Hacket Construction and Corner, 1940 callup to the Army from the Ari- Senate and across this country who Howe, & Lee Construction, he worked zona National Guard who spent a con- will not forget that, either. on a number of projects at what is now siderable amount of time in the North Bill Mauldin was a creative, artistic Ellsworth, including the construction African and European battle theaters. genius who could capture so much of the original Rapid City Air Force Willie and Joe were not the straight- about people and the human condition Base, which opened in 1942. edged soldiers we often find in official in the simplicity of his drawings. He Throughout his life, Ep has been a wartime publications or Hollywood could capture in those cartoons what tremendous supporter and friend of the films. Rather, these two cartoon heroes words alone could not. Bill Mauldin military. A longtime committee mem- lived the lives of men defined by the had the gift and he used it well. On ber of the South Dakota Employer difficult surroundings and tasks at Veterans Day this year, we should Support of the Guard and Reserve and hand during World War II—soldiers re- thank Bill Mauldin for that gift and for of the Rapid City Chamber of Com- solved to give their all in the few mat- his service to our Nation, for what he merce Military Affairs Committee, he ters they could control and resigned to did to represent in drawings the aver- has been particularly dedicated to hope for the best in those which they age GI in World War II—and in a sense strengthening relationships between ci- could not. the average GI throughout our long vilian and military communities. He I think the late historian Stephen history as a country—for what he did has received several awards for his Ambrose said it best in the introduc- to communicate to so many the way work in the military community, in- tion to a re-issue of Mauldin’s widely life was for our troops. cluding the Department of Defense read post-war cartoon compilation en- I would also like to take this oppor- ‘‘Lifetime Achievement Award’’ and titled ‘‘Up Front.’’ According to Am- tunity to send that same message of the South Dakota National Guard brose, Bill Mauldin’s cartoons ‘‘caught thanks on this Veterans Day to all of Major General Williamson Militia on and live on because in them every- our current and former service men Award. thing is accurate. . . . Willie and Joe’s and women. Whether on the islands of In addition to supporting the mili- boots and smelly socks, their baggy, the South Pacific, in the air over tary, he has been a tireless and dedi- dirty uniforms, their knives, rifles, am- France, or on land in France or in Ger- cated servant of his community. He has munition, mortars, web belts, can- many, on the beaches of Sicily, the served on the South Dakota Highway teens, beards, haversacks, helmets mountains in Korea, the jungles of Commission, the Rapid City Area Dis- (with crease marks or holes), the ra- Vietnam, the deserts of Kuwait, more aster Foundation, the YMCA Board of tions—this is how it was.’’ recently in the caves of Afghanistan or Directors and Board of Trustees, and Ambrose really got it right. the streets of Baghdad, our service men the American Legion. He has also been Mauldin’s unique ability to capture the and women have defended America and a dedicated member of First Pres- young soldier’s perspective on day-to- they defended our values with great byterian Church in Rapid City, the day life during the war in an inclusive valor. We must never forget that vet- Rapid City Chamber of Commerce, and and patriotic manner earned his work erans served for us, they served for our the local Elks Lodge. Not surprisingly, the distinction of regular publication children, for our grandchildren, and for Ep has received a number of awards for in numerous military newspapers, in- future generations not yet born. his work in the community as well, in- cluding Stars and Stripes and the 45th Today on this Veterans Day our serv- cluding being named ‘‘Mr. Rapid City’’ Division News. His work also won him ice men and women continue to serve for his lifelong service as a community the respect of fellow soldiers across the around the world. We pause again to- leader. globe, one of whom recently described night to thank our veterans, thank On Veterans Day, a bust of Ep will be Willie and Joe as ‘‘a secret weapon on those who have served in the past, and unveiled in Building 450 on Ellsworth our side.’’ to remember our service men and Air Force Base. It is only fitting that Willie and Joe were featured in women who are serving at this very this bust will occupy the building Mauldin’s first post-war compilation of hour tonight. where leaders of the South Dakota Na- cartoons and essays entitled ‘‘Back f tional Guard regularly meet. Ep’s bust Home.’’ The success ‘‘Back Home’’ had will look down on the proceedings and in bookstores across the country pro- CONGRATULATIONS TO EVERETT provide these leaders what he has pro- pelled Mauldin to even greater fame, ‘‘EP’’ HOWE vided so many South Dakotans over winning him the opportunity to pub- Mr. DASCHLE. Mr. President, this the years; a friendly countenance, lish several more works and even act in Veterans Day, members of the Rapid moral support, and a model for commu- a few motion pictures. City and Ellsworth Air Force Base nity leadership. I commend Ep for his In fact, Mauldin is so well respected communities will gather to honor lifetime of accomplishment, and offer that in 1945, at the age of 23, he re- Everett ‘‘Ep’’ Howe for his lifetime of my deepest gratitude for the work he ceived a Pulitzer Prize soon after Time dedicated service. Today I salute the has done and continues to do. magazine featured him on its cover. life and work of one of South Dakota’s f Following the conclusion of World War finest patriots. II, Mauldin began a career as a polit- For nearly 70 years, Ep has dedicated HONORING OUR ARMED FORCES ical cartoonist for several major U.S. himself to serving his community and Mr. HAGEL. Mr. President, I rise to newspapers, including the Chicago Sun- his country. He began his career in the express my sympathy over the loss of Times and then the St. Louis Post-Dis- public service, joining the Civilian James Wolf, a fellow Nebraskan and patch, stirring up high-profile issues Conservation Corps in 1921, and serving Specialist in the United States Army. along the way. He won a second Pul- as Park Ranger and U.S. Border Patrol Specialist Wolf was killed on November itzer Prize in 1959 for a cartoon he drew Officer before joining the military in 6, 2003, in Mosul, Iraq, when a bomb ex- depicting the Soviet Union’s harsh 1944. He proudly served in the U.S. Ma- ploded near the convoy he was trav- treatment of renowned writer and rine Corps from 1944 to 1948, including eling in. He was 21 years old.

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.145 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14443 Specialist Wolf was an engineer as- topher Swisher, a native of Lincoln, NE A member of the 501st Military Po- signed to the Headquarters and Head- and a member of 2nd Armored Cavalry lice Company, Staff Sergeant Petriken quarters Company of the 52nd Engineer Regiment. served his nation bravely. In times of Battalion of the 43rd Area Support Staff Sergeant Swisher’s mom once war, danger lurks at every turn and he Group, based in Fort Carson, CO. He said, ‘‘Chris was military from the day knew this to be true, especially in a was one of thousands of brave Amer- he was born. Knowing this keeps me war zone like Iraq. Staff Sergeant ican service men and women serving in going.’’ As a young boy, Christopher W. Petriken lost his life when a heavy Iraq who confront danger everyday. Swisher wore camouflage T-shirts and equipment transporter crossed the me- Their tremendous risks and sacrifices dreamed of joining the military. After dian and struck the Humvee he was in must never be taken for granted. graduating from Lincoln Northeast on May 26, 2003, in Samawa, Iraq. In October, Specialist Wolf spent 2 High School, he worked hard to over- Brett Petriken is a shining example weeks of leave with his family in his come his dyslexia and joined the Army. of a soldier who put his life on the line hometown of Scottsbluff, NE. While Chris Swisher came from a Nebraska to protect those he knew and loved and there, he visited his alma mater, family with a proud military back- even those he didn’t know and love. His Scottsbluff High School, and thanked ground. His older brother Terry served family should think of him and remem- students for writing to him in Iraq. bravely as a Marine in Operation ber what is most important to them, Specialist Wolf leaves behind parents, Desert Storm. The brothers played war his role in their lives. Americans Bob and Chris; brother, David; and sis- games as children, both dreaming of should think of him and remember that ters, Elli and Rachel. Our thoughts and the day they could wear the uniform of he died in the line of duty upholding prayers are with them all at this dif- the United States military. the ideals of freedom and liberty and Staff Sergeant Swisher was killed on ficult time. protecting the United States from the October 9, 2003 when his unit was am- In Iraq, Specialist Wolf assisted with new invisible foes that represent a tre- bushed while on patrol in Baghdad. He the construction of housing and mendous threat to our nation. As a na- schools for U.S. soldiers and Iraqi citi- was supposed to be home by then, originally scheduled to return on Sep- tion we are grateful to soldiers like zens. He will be remembered as a dedi- Brett Petriken and others like him cated soldier with an optimistic out- tember 29, but like many of our sol- diers serving in Iraq, his tour was ex- who make the ultimate sacrifice so look on life. that others can live free.∑ For his service, bravery, and sac- tended. His family was disappointed but Chris Swisher was doing what he SP NATHANIEL A. CALDWELL rifice, I ask my colleagues to join me ∑ loved to do. Mr. NELSON of Nebraska. Mr. Presi- and all Americans in honoring Spe- dent, I rise today to honor Army SP cialist Wolf. All Nebraskans grieve for the Swish- er family and we offer them our Nathaniel A. Caldwell of Omaha. Spe- f thoughts and prayers. The Swisher cialist Caldwell, a member of the 115th (At the request of Mr. DASCHLE, the family can take some comfort in the Military Police Company, Army Na- following statements were ordered to brave words Chris spoke to his mother tional Guard, was killed when his vehi- be printed in the RECORD.) before he left for duty in Iraq: ‘‘I’m cle rolled over while responding to a ci- SSG DANIEL BADER doing what I want to be doing because vilian call on May 21, 2003 in Baghdad, ∑ Mr. NELSON of Nebraska. Mr. Presi- I’m protecting my family, my home Iraq. dent, I rise today in honor of SSG Dan- and my country.’’∑ Specialist Caldwell joined the armed iel Bader, a member of the Air Defense PO3 DAVID J. MORENO services shortly after September 11 to Artillery Battery, 1st Squadron, 3rd ∑ Mr. NELSON of Nebraska. Mr. Presi- serve his county. His commitment to Armored Cavalry Regiment. dent, I rise today to honor PO3 David protecting America at home and SSG Daniel Bader lived in Colorado J. Moreno, a member of the 4th Marine abroad is inspiring to us all. Nebras- for most of his life, but he always loved Division Detachment, Naval Medical kans can look to Specialist Caldwell as Nebraska. As a child growing up in Center, San Diego. an example of an American inspired to York he watched his father put on his Petty Officer 3rd Class Moreno serve his Nation. He did so bravely. His Reserve uniform for weekend duty. dreamed of becoming a doctor. The sacrifice will forever remind the nation From his father’s example, Daniel California native lived briefly in of the danger that comes with the duty Bader learned that sacrifice is part of Gering, NE and attended the Univer- to protect our Nation’s interests and to life and serving your country is an hon- sity of Nebraska at Lincoln before join- preserve the flame of liberty for Ameri- orable way to live life. While in high ing the Navy. It was in the Navy that cans and for all the world’s people. school, Daniel Bader followed in his fa- he discovered his love for medicine. He I know I join all Nebraskans in offer- ther’s footsteps and joined the Guard earned his Emergency Medical Tech- ing our thoughts and prayers for his himself and after graduation he went nical License and served the men and family in Texas, Oklahoma, and else- on to active duty. He excelled in the women of our Armed Services honor- where.∑ Army, rising to staff sergeant in just 8 ably as a Navy medic. CPT TRAVIS A. FORD years. In addition to being a soldier Petty Officer 3rd Class Moreno died ∑ Mr. NELSON of Nebraska. Mr. Presi- and a patriot, Staff Sergeant Bader was from a non-hostile gunshot wound in dent, I rise today to honor CPT Travis also a loving husband and father. In Hamishiyah on July 17, 2003. David A. Ford of Ogallala, NE. Captain Ford these family roles he also served honor- Moreno died while serving his nation in always gave 100 percent in everything ably. Daniel Bader will forever serve as a job he truly enjoyed. His sacrifice, he did. He excelled in high school an example for all Americans of the along with the sacrifices made by his sports and brought his enthusiasm to kind of life in service one can live. brothers-in-arms in Iraq and elsewhere the Yell Squad at Husker football Staff Sergeant Bader was on his way during the global war on terrorism, games while he attended the Univer- home for 2 weeks’ leave when his heli- serves as a reminder to Nebraskans and sity of Nebraska at Lincoln. copter crashed in Fallujah on Novem- all Americans that freedom and liberty As a Marine, he was selfless. A mem- ber 2. He leaves behind his wife Tiffany do not come easy. The cost of freedom ber of the Light Attack Helicopter and a 14-month-old daughter Taryn and liberty is measured in sacrifice and Squadron 267, Marine Aircraft group 39, Makenzie. A devoted family man, Dan- David Moreno made the ultimate sac- 3rd Marine Aircraft Wing, he volun- iel Bader had asked to be buried next rifice to preserve these ideals for the teered to fly extra shifts so that young- to his grandfather at Rose Hill Ceme- rest of us. His sacrifice for freedom, er Marines could get some sleep in the tery in Palmer, NE. I know my fellow liberty and our Nation is remembered early days of the war. When his AH–1W Nebraskans and all Americans join me today as we send our thoughts and Super Cobra attack helicopter crashed in honoring and remembering Daniel prayers to his family in Nebraska and on April 4, 2003, during combat oper- Bader and the sacrifice he made for his elsewhere.∑ ations near Baghdad he became the family and our Nation.∑ SSG BRETT J. PETRIKEN first Nebraskan to give his life in Oper- SSG CHRISTOPHER W. SWISHER ∑ Mr. NELSON of Nebraska. Mr. Presi- ation Iraqi Freedom. ∑ Mr. NELSON of Nebraska. Mr. Presi- dent, I rise today to honor SSG Brett Captain Ford will be greatly missed dent, I rise today to honor SSG Chris- Petriken of Omaha, NE. and our thoughts and prayers are with

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.049 S11PT1 S14444 CONGRESSIONAL RECORD — SENATE November 11, 2003 his family and friends in Ogallala, but the military asked for skiers, trappers, combined into one umbrella relief or- Captain Ford will also be remembered and woodsmen to serve in the 10th Di- ganization in order to better provide for the shining example of patriotism, vision, many of those who responded to assistance. dedication and commitment that he set the call of duty were from our own The National Association of Broad- as a brave member of the Marines.∑ Green Mountain State. For a young casters and its 1,000 television station SP1 JAMES WOLF boy in Rutland, VT, these men were and 6,000 radio station members re- ∑ Mr. NELSON of Nebraska. Mr. Presi- my heroes. cently produced and disturbed Public dent, I rise today in honor of SP1 The 10th Mountain Division distin- Service Announcements that encour- James Wolf, a member of the Head- guished itself in fighting on the island age viewers and listeners to contribute quarters and Headquarters Company, of Kiska in Alaska and in the moun- to the Armed Forces Relief Trust. 52nd Engineer Battalion of the 43rd tains of Italy. Recently we have been Broadcasters have a long history of Area Support Group. reminded of the effectiveness of these involvement in this country’s national Specialist Wolf stopped in to visit soldiers on skis. At a time when mod- security. I commend them for dedi- the students at the Lincoln Heights El- ern weapons and sophisticated tech- cating airtime to this worthwhile ementary School in Scottsbluff, NE nology seemed to overshadow the 10th cause. when he was home on leave just a few Division’s skills, recent conflicts in Af- Last year, together, the four relief short weeks ago. He wanted to thank ghanistan and other parts of the world agencies distributed $109 million to all the students who had written let- have shown us that much of war boils military families in need. I am con- ters to him while he was in Iraq and he down to human fortitude and a single fident that by streamlining operations told them how the letters they had man against the elements. Modern war- into one entity and with help from written lifted his spirits and how he fare has not proven to be more effec- local broadcast stations to get the shared their letters with soldiers tive than the 10th Mountain Division word out, the Armed Forces Relief around him who did not receive any when it comes to fighting in these ex- Trust will be able to assist even more mail of their own. treme elements over rugged terrain. military families. He recently returned to Iraq where We are coming back to basics, and We are counting on our brave young he was performing valuable work re- hopefully military planners will never men and women in the field. They are building schools, homes, and providing doubt the necessity of divisions with relying on the Armed Forces Relief safe drinking water. Tragically, he was skills like the 10th as part of our na- Trust, and the trust is counting on killed on November 6, 2003 when an im- tional defense. local broadcast stations. Local radio provised explosive device detonated After the war, many of the veterans and television stations are performing near his truck convoy. of the 10th Mountain Division came an invaluable public service through His death was a blow to the home to leave their mark on the ski in- this program, and I salute them. Scottsbluff community where he was dustry. Vermont was no exception, and Since today is Veterans Day, I also remembered as a young man with a lot the ski industry has flourished here salute those who have already experi- of spunk and someone who wanted to due in part to the passion these indi- enced the hardships of war much like make a difference. He is the son of Bob viduals have for skiing. They are in- those currently stationed in Iraq and and Chris Wolf of Scottsbluff. His deed members of the Greatest Genera- Afghanistan. I believe the most impor- mother said of him, ‘‘He was very tion and their selfless contributions tant thing we can do for our veterans is proud of what he did. He talked about are evident throughout our State. say thank you for their service and making it a career, and he had such a I applaud the Ski Museum for ac- sacrifice to our country. sense of purpose. It was awesome just knowledging your individual sacrifices, f to hear him.’’ James’ sister Rachel, a your defense of our country and your NFL MILITARY AWARENESS 2003 graduate of Scottsbluff High, in- contributions to skiing. It is a privi- INITIATIVE formed the school of her brother’s lege for me to join the many others in death. Kirk Begley, principal at honoring each of you. You continue to Mr. ALEXANDER. Mr. President, on Scottsbluff High, said it was a ‘‘sad, be my heroes. this Veterans Day I recognize a mili- tary public awareness initiative that sad day when we had to let the staff f know.’’ Begley said James Wolf was Mr. K. S., Bud, Adams, the founder and THE ARMED FORCES RELIEF ‘‘just an all around great kid and was owner of our NFL Tennessee Titans, TRUST adamant about being a soldier.’’ played a strong role in instituting this Specialist First Class Wolf will be Mr. ALLARD. Mr. President, I rise past weekend. Mr. Adams, a U.S. Naval missed greatly by his family and today to recognize an important pro- Officer during World War II, and five friends and the entire Scottsbluff com- gram that significantly assists our men other National Football League owners munity. He will also be remembered as and women who are fighting abroad. who also served in the military during a soldier whose patriotism inspired his The war on terrorism is being fought that same time, urged NFL Commis- community. I would like to express my on may fronts and around the world. sioner Paul Tagliabue to launch this deepest sympathy for the Wolf family Today, there are more than 140,000 campaign to help the hundreds of and I know all Nebraskans join me in troops stationed in Iraq, Afghanistan, American families of our brave mili- remembering and honoring James’ con- and many more around the world. tary servicemen and women who have tributions to Scottsbluff and his sac- Many of these troops served in Af- died for our country in the line of duty rifice on behalf of his country.∑ ghanistan only to be almost imme- in Afghanistan and Iraq. Mr. Adams diately redeployed to fight in Iraq. and his fellow NFL owners urged NFL f These extended deployments have been headquarters to initiate an awareness TRIBUTE TO THE 10TH MOUNTAIN trying for those left behind, But they campaign at NFL stadiums and on NFL DIVISION have stepped up and met the challenge. game telecasts starting Veterans Day Mr. JEFFORDS. Mr. President, I rise They have answered the Nation’s call Weekend, November 9–11, to help bring today to pay tribute to the 250 out- with enthusiasm and dedication. attention to the difficult financial sit- standing Vermonters who served in the In Colorado, the large deployment uation that our military dependents 10th Mountain Division during World from Ft. Carson has shown just how face in the days and weeks imme- War II. I want to commend the difficult it can be for many military diately after a serviceman’s or wom- Vermont Ski Museum for recognizing families when our troops must be sent an’s death in the Middle East. the significant contributions of these abroad. While the military is dedicated The other five NFL owners who exceptional men by inducting them to taking care of its own, the current served during World War II are Tom into the Ski Hall of Fame. situation abroad means needs of the Benson, New Orleans Saints; Wel- As a fellow veteran who grew up in family will only continue to escalate. lington Mara, New York Giants; Art the era of World War II, I remember To address this, the four relief agen- Modell, Baltimore Ravens; Alex President Roosevelt’s call for volun- cies representing the Army, Navy, Ma- Spanos, San Diego Chargers; and Ralph teers. It came as no surprise that when rine Corps, and Air Force recently Wilson, Buffalo Bills.

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.045 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14445 As Commissioner Tagliabue said in the fishery management process that What we need instead, is fisheries man- announcing this new program: ‘‘Our has subverted a system of rational agement developed with measure and clubs recognize that the men and management and forced these unneces- reason. We need a system where the women of our Armed Forces are tre- sary changes on our fishing industry. views of stakeholders are valued. mendous NFL fans. This program is That problem is excessive litigation. In 1976, Congress passed the Fishery one small way to repay that support to Amendment 13, like many other reg- Conservation and Management Act. families who lose a loved one in defense ulations driven by excessive litigation, One of the strongest aspects of this act of our country in the Middle East. Our will permanently harm Maine’s fisher- was the creation of regional fishery NFL owners, coaches and players speak men and related businesses. Histori- management councils. These councils with one voice when it comes to this cally, numerous coastal communities rely on the participation of those who project.’’ in Maine have taken part in and bene- know the most about our Nation’s fish- The campaign cornerstone is a new fitted from the groundfish fishery. Un- eries. Unfortunately, some advocacy national TV and radio announcement fortunately, regulatory changes will groups have chosen to bypass the coun- produced by NFL Films that aired on force many of Maine’s smaller ground- cil system by proceeding straight to every NFL game telecast this past Vet- fish boats out of the industry. Small court. In fact, one of these groups has erans Day weekend. It is narrated by fishing communities like Stonington, already threatened to sue the National Vietnam veteran and former Pitts- Rockland, and Port Clyde which used Marine Fisheries Service if they do not burgh Steelers running back Rocky to be home to many groundfish vessels, get what they want out of Amendment Bleier. The message encourages NFL are already suffering due to restricted 13. This is truly discouraging, consid- fans to support the Intrepid Founda- access to fish stocks. The changes to ering these regulations have yet to be tion’s Fallen Heroes Fund, which pro- these coastal communities clearly published. Excessive litigation should vides an immediate $10,000 grant to stem from regulations born of exces- not continue to diminish the military families who have paid the ul- sive litigation. participatory nature of fisheries man- timate price with the loss of a member Further, these burdensome regula- agement by removing decision-making in Iraq or Afghanistan. The following is tions will hurt boats of all sizes. Many authority away from those most quali- the text for the television message nar- small boats will not survive due to se- fied to manage our Nation’s fisheries. rated by Bleier: vere cuts in fishing time combined The Amendment 13 process is a clear The National Football League family is with the long distances that must be example of why fisheries management committed to supporting the courageous traveled in order to access fish stocks. belongs in the hands of fisheries man- men and women serving in the U.S. Armed In addition, Maine’s larger vessels are agers. The courts handed our regional Forces in the Mideast. leaving our States, moving to southern managers a set of impossible goals and But the fight for freedom is not without New England ports, in an effort to sur- an impossible time frame in which to loss. vive this latest round of regulations. And the NFL urges you to join us and the achieve these goals. Nothing but the Intrepid Fallen Heroes Fund in supporting The damaging effect of such an exodus impossible can result from this situa- the military families of those heroes who on Maine’s fishing infrastructure, tion, despite the efforts of regional have sacrificed their lives in the service of which is at a critical minimum, will be managers to create a reasonable man- our country. irreparable. As Amendment 13 is put agement plan. This entire process only Please visit www.nfl.com/heroesfund and into place, revenues will continue to demonstrates the weaknesses of regula- help support those families in need. move south, and Maine’s working wa- tion driven by excessive litigation, and This program—and the $100,000 con- terfront will vanish, to be replaced by the need to take management decisions tribution that the NFL made to kickoff coastal development. out of the courts and place them back the initiative—is the latest in the The drastic sacrifices demanded of in the council system. That will re- NFL’s continuing support of our U.S. our fishermen might be worthwhile if quire changes in the law. military personnel. That tremendous New England groundfish were truly at NFL support dates back at least to risk. However, fish stocks are rebound- f World War II when 638 NFL players ing at a tremendous rate. For example, served in the military, including 19 Georges Bank haddock biomass figures LOCAL LAW ENFORCEMENT ACT who were killed in action. The NFL has have gone from less than 20,000 metric OF 2003 worked with the USO for decades in tons in 1994 to roughly 100,000 metric sending NFL players overseas to Viet- tons in 2002. Overall, groundfish bio- Mr. SMITH. Mr. President, I rise nam, Korea and more recently Iraq to mass figures have tripled since 1994. today to speak about the need for hate let our courageous troops know that This fishery is a success story. Unfor- crimes legislation. On May 1, 2003, Sen- they are not forgotten. tunately, litigants refuse to agree. ator KENNEDY and I introduced the I hope you will join me in applauding They have stolen management author- Local Law Enforcement Enhancement Mr. Adams and the NFL for their latest ity away from the regional councils Act, a bill that would add new cat- ‘‘Families Helping Families’’ public and given this power to the courts, egories to current hate crimes law, awareness program and thank them for which are particularly ill-suited to sending a signal that violence of any their support of our brave men and make biological decisions. kind is unacceptable in our society. women in uniform. Excessive litigation also diverts pre- I would like to describe one such f cious resources from the main mission crime today. In September 1997, a gay of the National Marine Fisheries Serv- man in Williamstown, NJ, was beaten FISHERIES MANAGEMENT ice: fisheries management. Each year enough to receive a black eye, at least Ms. COLLINS. Mr. President, I rise the Service spends time and money de- two broken toes, and bruises all over today to draw attention to a looming fending itself in the courts. In fact, his body. Later that day, his house was crisis for New England’s this year the Senate is considering ap- egged and a brick thrown through a groundfishermen. Last week, the New propriating $5 million to the National window. Local kids, who allegedly England Fishery Management Council Marine Fisheries Service exclusively committed the assault, screamed ‘‘you voted to adopt a set of new regulations, for the purpose of fighting litigation. got what you deserve, you faggot,’’ at known as Amendment 13. This package This money could be better spent con- the time of the incident. of regulations will permanently alter ducting research, if our management I believe that Government’s first the character of New England’s ground- system was not engulfed in litigation. duty is to defend its citizens, to defend fish fishery, and will particularly harm We all suffer when a management them against the harms that come out the fishermen in my home State of system is under siege from excessive of hate. The Local Law Enforcement Maine. This sweeping change in fish- litigation. As in the case of Amend- Enhancement Act is a symbol that can eries management is largely unneeded; ment 13, management plans are devel- become substance. I believe that by in fact, most stocks of fish in the oped under an aura of crisis where passing this legislation and changing groundfish complex are rapidly rebuild- managers must meet court-appointed current law, we can change hearts and ing. There is a much larger problem in goals before court-appointed deadlines. minds as well.

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.114 S11PT1 S14446 CONGRESSIONAL RECORD — SENATE November 11, 2003 CONGRATULATING LTC MICHAEL impact of important issues. Lieutenant Willie.’’ From that foundation, Com- E. HOGAN ON HIS RETIREMENT Colonel Hogan’s dedication to accom- mander McCool developed into a top- Mr. INHOFE. Mr. President, I would plishing the Army’s legislative liaison notch Naval Officer and served our like to congratulate one of Oklahoma’s mission has been extraordinary. He is country in an exemplary manner. On finest soldiers, LTC Michael E. Hogan, truly an outstanding officer who dis- this Veterans Day, I humbly thank who is retiring after a distinguished ca- plays superb professional leadership Commander McCool, and his family, reer of over 20 years of exceptionally skills and is totally dedicated to mis- for his selfless service and sacrifice for meritorious conduct in the United sion accomplishment in the highest our country. States Army. Lieutenant Colonel traditions of military service. I am At this time, I ask unanimous con- Hogan was commissioned as a Second proud to call him a constituent, and sent that the October 30, 2003, Wash- Lieutenant, Field Artillery, after grad- wish him well in his future endeavors. ington Post article regarding Com- mander Willie McCool be printed in the uating from the United States Military f RECORD. Academy. His first assignment was as a TRIBUTE TO COMMANDER WILLIE Fire Support Team Chief, HHB, 2d Bat- There being no objection, the mate- MCCOOL talion, 6th Infantry Division, Fort Ord, rial was ordered to be printed in the CA. Demonstrating keen expertise and Mr. MCCAIN. Mr. President, I rise to RECORD, as follows: artillery skills, he moved through var- pay my respects to my fellow veterans. [From the Washington Post, Nov. 2, 2003] ious positions in the unit, including It is only through the leadership, dedi- THE PERFECT PLACE TO HONOR A HERO Firing Battery Fire Direction Officer, cation, and sacrifice of our men and (By William Gildea) Executive Officer, and Battalion Fire women in uniform that we are able to Sports doesn’t have enough heroes, but Direction Officer. After developing and enjoy the freedoms that we value so Willie McCool is a hero. The captain of the 1982 cross-country team at the Naval Acad- mastering the required skills as an Ar- much as Americans. We cheer our vet- erans at homecomings and parades, and emy, he was known for smiling in the midst tilleryman through an assignment in of a grueling race as the effort showed on the Camp Casey, Korea, Lieutenant Colo- we grieve for them when they do not faces of the other runners. No matter the dif- nel Hogan was moved to Fort Sill, OK, come home. At critical times in U.S. ficult, he always was happy. That really was where he assumed a role on the faculty history, as we are facing now, we un- how he showed the way in whatever he did. of the Field Artillery School. fortunately find ourselves grieving As his coach, Al Cantello, said yesterday In 1989, Lieutenant Colonel Hogan more for our military service members, morning, ‘‘Everyone should meet a Willie served as the Battery Commander for than celebrating and honoring their McCool in his lifetime.’’ service. Veterans Day gives us a chance Cantello was driving out to the Academy Bravo Battery, 2d Battalion, with cross-country course to join relatives, 105mm Howitzers, for almost 2 years. to honor and thank all of these heroes. former teammates and other friends of Because of his expertise in artillery On this Veterans Day, I would like to McCool. They gathered on the crest of the systems, he was moved to a position as share the story of one such hero who hill at 8 a.m. to honor the man they loved. a test officer with the U.S. Army Oper- touched many American lives—Com- McCool said from space on Jan. 30: ‘‘From ational Test and Evaluation Center. mander Willie McCool. Commander our orbital vantage point, we observe an After further refining his skills in ar- McCool was killed earlier this year as earth without borders, full of peace, beauty tillery systems while performing as a he was piloting the Columbia Space and magnificence. And we pray that human- ity as a whole can imagine a borderless test team chief, Lieutenant Colonel Shuttle towards home. Recently, Com- world as we see it and strive to live as one in Hogan was moved to a position as an mander McCool’s family, Naval Acad- peace.’’ executive officer with the 6th FA Bat- emy classmates, and former cross- He was the pilot of the space shuttle Co- talion, Fort Sill, OK. In 1997, while in country and track teammates partici- lumbia, which broke up as it reentered the the position on the Corps Artillery pated in a ceremony at the location earth’s atmosphere Feb. 1. Staff, Lieutenant Colonel Hogan was where a memorial will be placed in his ‘‘Isn’t this a great cross-country morning— crisp, perfect for running?’’ Mark Patterson, deployed to Haiti where he served 6 honor. The essence of what that memo- the 1983 team captain, said in welcoming the months as the Joint Task Force Chief rial will stand for was captured per- people who assembled quietly on the hill. of Staff. Upon his return to Fort Sill, fectly in a recent Washington Post ar- There, they plan to have a memorial built in he was installed as the executive offi- ticle by William Gildea, dated October McCool’s honor. It will not be something cer for the 212th Field Artillery Bri- 30, 2003. grandiose, they said, because that would not gade. After serving in this position for On October 2, 1982, as captain of the be representative of such a modest person as approximately 1 year, Lieutenant Colo- Naval Academy’s men’s cross country McCool; it would be simple, but it would be squad, McCool led the midshipmen to a big enough for passing runners to notice, nel Hogan was sent to the Pentagon as maybe to be inspired by, something to a representative of the regimental staff victory over Georgetown and Syracuse prompt a thought. of the Field Artillery Center, with duty Universities, while setting a personal The son of a Navy aviator, William C. in the Office of the Chief of Legislative record for the 5-mile race of 24:27. On McCool finished second of 1,083 in the class of Liaison. February 1, 2003, Commander McCool 1983. He went on for two master’s degrees, Lieutenant Colonel Hogan directly and the members of his crew perished one from Maryland. During that time, he applied special talents and expertise as when Columbia came apart over Texas, often returned to the rolling course where he a Hardware Congressional Liaison Offi- only 15 minutes from landing. had worked out twice a day during cross- country and track seasons. McCool was one cer in the Office of the Secretary of the The location of the planned memo- of many who thought of that five-mile route Army, Legislative Liaison Programs rial for Commander McCool will be 15 as a special place. And he was one of those Division from March 2000 through Feb- minutes from the finish line on the day who remained grateful to the man who put ruary 2004. Lieutenant Colonel Hogan he set his best time. The spot was cho- him on the course where he developed some maintained a constant liaison with sen to commemorate Commander of his leadership skills. Before inviting his professional staff members of the Sen- McCool’s life and acknowledge his con- coach to the Columbia launch, McCool sent a ate and House Armed Services Com- tributions to the country, the Navy, portrait of himself to Cantello with the in- mittees on critical issues relating to and the Naval Academy’s cross-country scription: ‘‘Your coaching laid a foundation of discipline, drive and passion that has car- army procurement programs such as program, as well as to recognize the ried me across the many milestones of my the Crusader Field Artillery System, positive impact that being a Navy run- life. With boundless appreciation, Willie.’’ Stryker, and the Army’s top priority, ner had on his life. For the most part, the five-mile course fol- the Future Combat System. Before inviting his cross-country lows the perimeter of the Academy’s golf Throughout these assignments, Lieu- coach Al Cantello to the Space Shuttle course, across the Severn from the campus. tenant Colonel Hogan has provided out- Columbia launch, Commander McCool Jimmy Carter ran it as a midshipman. So standing leadership, advice, and sound sent a portrait of himself to Cantello have numerous Olympians, tens of thousands professional judgment on significant with the following inscription: ‘‘Your of college runners, countless others. But after Saturday, when McCool’s widow, Lani, issues that affected both the Army and coaching laid a foundation of dis- and his mother, Audrey, were presented flow- Congress. His actions and counsel were cipline, drive and passion that has car- ers at the simple ceremony, the course invaluable to Army leaders and Mem- ried me across the many milestones of seemed even more special. It felt like hal- bers of Congress as they considered the my life. With boundless appreciation, lowed ground.

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.059 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14447 McCool was said to be an extraordinary fessor for the Department of Engineer- scarce. Indeed, there soon may be only test pilot. He did small things well, too. He ing at USMA; Research and Develop- two remaining independent Hollywood liked to make people happy. Capt. Clyde ment Coordinator, Office of the Project studies that produce scripted television Villemez, who was the naval officer rep- Manager, Abrams Tank Systems; Oper- programming. The others have either resentative for cross-country in the early ‘80s, remembered him tenderly escorting his ations and Training Officer, S–3, for disappeared or linked up with one of 8-year-old daughter onto the dance floor at a 2nd Squadron, 11th Armored Cavalry the major networks. wedding reception. Villemez retains a vivid Regiment; Operations Staff Officer and I think that having all programming image of the two. ‘‘She was dancing on top of Deputy Chief of Staff, Operations, produced by a few large media con- his feet,’’ he said. Plans and Training for the Army Staff; glomerates could pose some real risks Ronnie Harris, who ran the 5,000 meters for Research and Development Staff Offi- for creativity and diversity. That is Navy, missing the 1996 U.S. Olympic team by cer, Army Studies Group for the Office why I would like to commend my col- just 25 hundredths of a second, had the idea of the Chief of Staff, Army; Chief, league from Arizona, Commerce Com- for a memorial. He was serving in Florida when he heard of Columbia’s fate. He did Strategy Application Branch of the mittee Chairman JOHN MCCAIN, for his what many former Navy runners did as they Strategic Plans and Policy Direc- leadership in agreeing to cohost a dia- thought of their friend. ‘‘I went for a run,’’ torate, J–5, for the Joint Staff, and, logue with Chairman BILLY TAUZIN of he said. Project Manager, Abrams Tank Sys- the House Energy and Commerce Com- Now he was back on his favorite course, tems. mittee and representatives of studios, standing close to where the marker will go. General Caldwell is often sought networks, writers, and producers. ‘‘This is a very beautiful spot. It’s abso- after for his knowledge and insight I am confident that under the direc- lutely gorgeous,’’ Audrey McCool said. into the critical issues facing our coun- tion of Chairman MCCAIN, this dialogue It is not just any spot. It was chosen for a can produce positive discussion and reason. try today. He is a decorated soldier, The last radio communication from the Co- having received the following decora- concrete results, such as voluntary lumbia was received about 15 minutes before tions and badges: Distinguished Service guidelines to help ensure diversity, the scheduled completion of the mission. The Medal, with Oak Leaf Cluster, Silver competition, and opportunity in the crew of seven was 15 minutes from home. Star, Defense Superior Service Medal, market for television programming. I McCool’s friends measured back 15 minutes Legion of Merit, with 2 Oak Leaf Clus- look forward to participating. from the finish line of the cross-country ters, Bronze Star, Meritorious Service f course based on McCool’s fastest time, in a Medal, with Oak Leaf Cluster, Air meet with Georgetown and Syracuse on Oct. WTO RULING ON STEEL TARIFFS Medal, Army Commendation Medal, 2, 1982. As it happened, they came to an idyl- Mr. ALEXANDER. Mr. President, lic setting, at the top of a grassy hill, on a with Oak Leaf Cluster, Army Achieve- brief level stretch before a slope leading to a ment Medal, Ranger Tab, Joint Chiefs yesterday, the World Trade Organiza- narrow path through the trees. of Staff Identification Badge, and tion upheld its earlier ruling that the That’s where they will build the monu- Army Staff Identification Badge. steel tariffs imposed in March of last ment. On this Veterans Day, I celebrate and year are illegal and in violation of That’s when he was 15 minutes from home. applaud the distinguished career of global trade rules. As a result of this f LTG John S. Caldwell. A courageous ruling, the European Union threatened to impose trade sanctions on American TRIBUTE TO LTG GENERAL JOHN soldier, fearless leader, and patriot, imports sold in Europe, ranging from S. CALDWELL, JR. General Caldwell is much deserving of a relaxing and enjoyable retirement. footwear to fruits and vegetables. The Mr. SHELBY. Mr. President, I rise My best wishes go out to his wife, EU has said that it will impose duties today in honor of LTG John S. Judy, his family and friends in this of 13, 15, 30 percent on these imports as Caldwell, Jr., Military Deputy to the time of celebration. soon as December 6 or at the latest De- Assistant Secretary of the Army for f cember 15, if the steel tariffs continue Acquisition, Logistics and Technology to remain in place. The EU trade sanc- at the Pentagon. After 36 years of ex- MEDIA CONSOLIDATION AND DI- tions alone would amount to about $2.2 emplary commitment and dedicated MINISHING INDEPENDENT CON- billion. service to the United States Army, TENT Unfortunately though, the EU is not General Caldwell is retiring. Mr. WYDEN. Mr. President, in June alone. Japan has announced that it will General Caldwell’s career has been of this year, the Federal Communica- join the EU in retaliatory trade sanc- vast in the command and staff posi- tions Commission issued a decision re- tions against the U.S. China, Norway tions he has held. Beginning as a Pla- laxing a number of important rules and Switzerland have also notified the toon Leader at Fort Meade, MD, in 1967 that limit consolidation in the media WTO that they will possibly impose until his current assignment at the industry. In the months leading up to trade sanctions against the U.S. if the Pentagon, he has been a steady and that decision, and ever since, a bipar- steel tariffs are not removed. dedicated member of the United States tisan group of Senators has sought to There is plenty of evidence that if Armed Forces. sound the alarm about the dangers of the steel tariffs are allowed to continue A graduate of the United States Mili- unbridled media concentration. Those they will do more harm than good. On tary Academy, West Point, NY, Gen- efforts eventually led to Senate pas- September 19, the International Trade eral Caldwell’s career has been one of sage of a resolution to reverse the com- Commission released its report on the dedication, service, and sacrifice. Upon mission’s decision. But the battle con- effects of the steel tariffs on steel con- graduation, he was commissioned in tinues, and the outcome is uncertain, suming industries. Here is what they the Armor/Cavalry. He has commanded Most of the debate on this subject found. armored cavalry units from platoon has focused on the details of rules lim- One-half of the steel-consuming firms through battalion, had combat duty iting the national reach of broad- that were surveyed reported they had with the 11th Armored Cavalry Regi- casters and the local cross-ownership difficulty in obtaining steel in the ment in Vietnam, and served two tours of television, newspaper, and radio sta- qualities and quantities they needed. in the Federal Republic of Germany. tions. But I would like to call atten- Almost one-third of these firms relo- He has held a variety of other assign- tion to another important dimension of cated or shifted production to foreign ments including: Deputy Chief of Staff media concentration: the demise of plants or facilities after the implemen- for Research, Development and Acqui- independent producers, who are being tation of the tariff. sition, Headquarters, Army Materiel bought up or driven out of business by One-quarter reported that their cus- Command; Director, Army Digitization the big networks and big studios. tomers had shifted to purchasing fin- Office, Headquarters, Department of More and more, the television pro- ished parts or assemblies overseas as a the Army; Assistant Deputy for Sys- gramming delivered to the homes of result of the steel tariff. tem Management and International Co- American families is controlled by a Almost one-third of these firms also operation, Office of the Assistant Sec- handful of executives in a handful of reported their contracts they had in retary of the Army, Research, Develop- corporate boardrooms. Independent place to purchase steel were broken or ment and Acquisition; Assistant Pro- writers and producers are growing modified after the tariff was imposed

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.066 S11PT1 S14448 CONGRESSIONAL RECORD — SENATE November 11, 2003 and reported a loss in profits due to strong response by the United States mary money laundering concerns under these problems of approximately $190 government to insure that funds stolen the authority provided in Section 311. I million. from the Iraqi people are not used to also asked that U.S. financial institu- One-third of these firms reported help insurgents attack American forces tions be required to provide enhanced longer lead and delivery times. and destabilize Iraq. scrutiny of financial transactions from In addition, the report further high- Unfortunately, Syria and Lebanon Syria and Lebanon to ensure funds lighted the particular impact the steel have had a long history of being in- linked to international terrorists do tariff has had on auto-parts suppliers. volved in terrorism and money laun- not originate from or pass through fi- Tennessee is home to over 950 auto- dering. The Secretary of State has des- nancial institutions in those countries parts suppliers and they make up about ignated Syria as a state whose govern- on their way to the United States one-third of all our State’s manufac- ment repeatedly provided support for I also call on the President to de- turing jobs. acts of international terrorism and has velop an international strategy to stop Eighty-five percent of the auto-parts provided designated foreign terrorist the laundering of funds from Syria and suppliers surveyed said that their steel organizations, such as Hamas and Lebanon within the framework of the prices in the US were higher than glob- Hizballah, with sanctuary. The State Financial Action Task Force—FATF, al prices. Department in its March 2003 Inter- the European Union, the G–8, and other Thirty-one percent reported that cus- national Narcotics Control Strategy multilateral forums. tomers had shifted purchases to buying Report—INCSR—has classified Syria as I strongly believe that the United finished parts or assemblies overseas as a country to be monitored for potential States must take any and all necessary a result of the tariff. money laundering. measures to stop international ter- Seventy-four percent reported Lebanon remains one of the more so- rorist organizations—such as Hamas changes in contract prices for steel and phisticated and well-capitalized bank- and Hizballah—and former members of 55 percent reported that steel tariff was ing sectors in the Middle East. With its the Iraqi government who may be re- the only important factor in these tradition of bank secrecy, the exten- siding in Syria, Lebanon, and other changes in steel prices. sive use of foreign currency, the influx countries in the area from supporting Seventy-nine percent reported an in- of remittances from expatriated work- terrorist activities in Iraq and else- ability to pass on steel price increased ers, and a lack of financial account- where. to customers. ability and enforcement, Lebanon has If the United States is to lead the All of these burdens have meant developed a financial environment con- world in the fight against terror, we extra costs to steel consuming firms. ducive to laundering the financial pro- must effectively use our own laws to Extra costs that have affected steel- ceeds of international crimes such as cut off the flow of laundered funds from consuming jobs all across America. The narcotics, counterfeiting and smug- terrorist groups through the inter- steel tariff may have saved some steel- gling. The International Narcotics Con- national financial system. The meas- producing jobs but is has already de- trol Strategy Report—INCSR—has des- ured use of Section 311 authority stroyed a lot more steel-consuming ignated Lebanon as a jurisdiction of against Syria and Lebanon provides jobs. primary money laundering concern. the United States an opportunity to The American economy is beginning The Financial Crime Enforcement Net- demonstrate leadership in the fight to recover and I strongly believe that work—FinCEN—has conducted an anal- against international terrorism and this recovery is a direct result of the ysis of the Suspicious Activity Report- money laundering. We cannot afford to President’s jobs and economic growth ing System—SAR—related to Lebanon fail in this endeavor.∑ plan. The last thing we need now is any for the period of January 2002 through f new cost such as the steel tariff on a October 2003. The FinCEN analysis has major manufacturing sector that slows revealed 286 SARs that could be linked FUNDING FOR AIRPORT PROJECTS down economic growth. I fear that if to transactions associated with sus- Mr. WYDEN. Mr. President, main- the steel tariff remains that we will see picious or fraudulent wire transfer ac- taining and improving this country’s more plant closings during 2004 in Ten- tivities between Lebanon and other airports and aviation infrastructure is nessee and across America. countries. Many of these transactions crucial to economic growth and oppor- I believe the President has made an were structured in an attempt to avoid tunity at both the local and national honest good faith effort to save steel reporting requirements. Two of the re- levels. That is why it is so unfortunate jobs, but that it has backfired by de- ports indicate possible terrorist activi- that Congress has not yet been able to stroying automotive and other steel ties. pass the Federal Aviation Administra- consuming jobs. I hope that he decides The United States has the largest tion reauthorization legislation. that the best decision that can make and most accessible economic market- The fact is, this legislation need not for the American worker is to end the place in the world. Foreign financial have been controversial. But it was steel tariff. institutions and jurisdictions must made controversial, because conferees f have unfettered access to markets to went behind closed doors and made effectively work within the inter- changes that contravene the clearly ex- (At the request of Mr. DASCHLE, the national economic system. pressed will of both houses of Congress. following statement was ordered to In 2000, I introduced legislation that My point today is not to rehash the be printed in the RECORD.) became Section 311 of the USA PA- substantive arguments on the points MONEY LAUNDERING IN SYRIA AND LEBANON TRIOT Act which provides the federal under dispute. I simply want to stress ∑ Mr. KERRY. Mr. President, while I government with the authority to le- that in no event should this dispute be support the enactment of the Syria Ac- verage the power of United States fi- allowed to bring important airport and countability Act, I am disappointed nancial markets to force countries like aviation projects screeching to a halt. this legislation does not contain any Syria and Lebanon to reform and en- Instead, the responsible path is to rec- provisions to stop the scourge of force their counter-money laundering ognize that the controversial elements money laundering from Syria and Leb- and counter-terrorist financing laws. of the legislation may take some time anon. Section 311 provides the Secretary of to resolve. In the meantime, both sides Recently published reports state that the Treasury with measures that are should agree to a short-term extension $3 billion from Saddam Hussein’s Iraqi graduated, discretionary, and targeted, of FAA funding programs, so that no regime are currently being held in Syr- focusing on international transactions aviation project is held hostage to poli- ian-controlled banks in Syria and Leb- involving criminal proceeds, while al- tics. anon and that these funds may have lowing legitimate international com- Senator ROCKEFELLER has introduced been used to finance attacks on Amer- merce to continue unimpeded. a bill to provide for a 6-month exten- ican forces in Iraq. If these allegations Earlier this year, I sent a letter to sion of FAA funding programs, and I are proven correct, then the actions by President Bush asking him to direct am signing on as a cosponsor. I hope the government of Syria are intoler- the Secretary of the Treasury to iden- that our colleagues will join in sup- able and unacceptable and demand a tify both Syria and Lebanon as pri- porting this legislation, to ensure that

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.063 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14449 funding for local airports projects will tions Act for Defense and for the Re- Emergency Supplemental Appropriations not become a victim of political construction of Iraq and Afghanistan, Act for Defense and for the Reconstruction brinksmanship. Public Law 108–106; and, An act making of Iraq and Afghanistan (P.L. 108–116); and An act making further continuing appro- f further continuing appropriations for Fiscal Year 2004, Public Law 108–107. In priations for Fiscal Year 2004 (P.L. 108–107). BUDGET SCOREKEEPING REPORT addition the Congress has cleared for In addition the Congress has cleared for Mr. NICKLES. Mr. President, I here- the President’s signature the following the President’s signature the following acts: by submit to the Senate the budget acts: Interior Appropriations Act, 2004, Interior Appropriations Act, 2004 (H.R. scorekeeping report prepared by the H.R. 2691; an act to reauthorize certain 2691); Congressional Budget Office under Sec- school lunch and child nutrition pro- An act to reauthorize certain school lunch tion 308(b) and in aid of Section 311 of grams, H.R. 3232; and, Military Family and child nutrition programs (H.R. 3232); and the Congressional Budget Act of 1974, Tax Relief Act of 2003, H.R. 3365. Military Family Tax Relief Act of 2003 as amended. This report meets the re- I ask unanimous consent to print the (H.R. 3365). quirements for Senate scorekeeping of following related information in the The effects of these actions are detailed on Section 5 of S. Con. Res. 32, the First RECORD. Table 2. Concurrent Resolution on the Budget There being no objection, the mate- Sincerely, rial was ordered to be printed in the DOUGLAS HOLTZ-EAKIN, for 1986. Director. This report shows the effects of con- RECORD, as follows: Attachments. gressional action on the 2004 budget U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, through November 7, 2003. The esti- TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- mates of budget authority, outlays, Washington, DC, November 10, 2003. Hon. DON NICKLES, ING AND REVENUES FOR FISCAL YEAR 2004, AS OF and revenues are consistent with the Chairman, Committee on the Budget, NOVEMBER 7, 2003 technical and economic assumptions of U.S. Senate, Washington, DC. [In billions of dollars] the 2004 Concurrent Resolution on the DEAR MR. CHAIRMAN: The attached tables Budget, H. Con. Res. 95, as adjusted. show the effects of Congressional action on Current Budget Current level The estimates show that current the 2004 budget and are current through No- resolution level 1 over/under (-) level spending is below the budget reso- vember 7, 2003. This report is submitted resolution lution by $11.7 billion in budget author- under section 308(b) and in aid of section 311 of the Congressional Budget Act, as amend- ON-BUDGET ity and by $13.1 billion in outlays in ed. Budget Authority ...... 1,873.5 1,861.7 ¥11.7 2004. Current level for revenues is $62 Outlays ...... 1,897.0 1,883.9 ¥13.1 The estimates of budget authority, out- Revenues ...... 1,331.0 1,330.9 ¥0.1 million below the budget resolution in lays, and revenues are consistent with the 2004. technical and economic assumptions of H. OFF-BUDGET Con. Res. 95, the Concurrent Resolution on Social Security Outlays ...... 380.4 380.4 0 Since my last report, dated Novem- Social Security Revenues ... 557.8 557.8 0 ber 4, 2003, the Congress has cleared the Budget for Fiscal Year 2004, as adjusted. Since my last letter dated November 3, 1 Current level is the estimated effect on revenue and spending of all leg- and the President has signed the fol- 2003, the Congress has cleared and the Presi- islation that the Congress has enacted or sent to the President for his ap- lowing acts that changed budget au- proval. In addition, full-year funding estimates under current law are in- dent has signed the following acts which cluded for entitlement and mandatory programs requiring annual appropria- thority, outlays, or revenues for 2004: changed budget authority, outlays, and reve- tions even if the appropriations have not been made. Emergency Supplemental Appropria- nues for 2004: Source: Congressional Budget Office. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2004, AS OF NOVEMBER 7, 2003 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous sessions: Revenues ...... n.a. n.a. 1,466,370 Permanents and other spending legislation 1 ...... 1,081,649 1,054,550 n.a. Appropriation legislation ...... 0 345,754 n.a. Offsetting receipts ...... ¥366,436 ¥366,436 n.a. Total, enacted in previous sessions ...... 715,213 1,033,868 1,466,370

Enacted this session: Authorizing Legislation: American 5-Cent Coin Design Continuity Act of 2003 (P.L. 108–15) ...... ¥1 ¥1 0 Postal Civil Service Retirement System Funding Reform Act of 2003 (P.L. 108–18) ...... 2,746 2,746 0 Clean Diamond Trade Act (P.L. 108–19) ...... 0 0 * Prosecutorial Remedies and Other Tools to End Exploitation of Children Today Act (P.L. 108–21) ...... 0 0 * Unemployment Compensation Amendments of 2003 (P.L. 108–26) ...... 4,730 4,730 145 Jobs and Growth Tax Relief Reconciliation Act of 2003 (P.L. 108–27) ...... 13,312 13,312 ¥135,370 Veterans’ Memorial Preservation and Recognition Act of 2003 (P.L. 108–29) ...... 0 0 * Welfare Reform Extension Act of 2003 (P.L. 108–40) ...... 99 108 0 Burmese Freedom and Democracy Act (P.L. 108–61) ...... 0 0 ¥10 Smithsonian Facilities Authorization Act (P.L. 108–72) ...... 1 1 0 Family Farmer Bankruptcy Relief Act of 2003 (P.L. 108–73) ...... 0 0 * An act to amend Title XXI of the Social Security Act (P.L. 108–74) ...... 1,325 100 0 Chile Free Trade Agreement Implementation Act (P.L. 108–77) ...... 0 0 ¥5 Singapore Free Trade Agreement Implementation Act (P.L. 108–78) ...... 0 0 ¥55 First Continuing Resolution, 2004 (P.L. 108–84) ...... ¥2,222 1 ¥2 Surface Transportation Extension Act of 2003 (P.L. 108–88) ...... 6,405 0 0 An act to extend the Temporary Assistance for Needy Families block grant program (P.L. 108–89) ...... 15 ¥36 33 An act to amend chapter 84 of title 5 of the United States Code (P.L. 108–92) ...... 1 1 0 An act to amend the Immigration and Nationality Act (P.L. 108–99) ...... 0 0 2 The Check Clearing Act for the 21st Century (P.L. 108–100) ...... 0 0 * An act to amend Title 44 of the United States Code (P.L. 108–102) ...... 0 0 * Second Continuing Resolution, 2004 (P.L. 108–104) ...... 1 0 * Partial-Birth Abortion Act of 2003 (P.L. 108–105) ...... 0 0 * Third Continuing Resolution, 2004 (P.L. 108–107) ...... 0 0 ¥1 Total, authorizing legislation ...... 26,412 20,962 ¥135,263

Appropriations Acts: Emergency Wartime Supplemental Appropriations Act, 2003 (P.L. 108–11) ...... 215 27,349 0 Legislative Branch Appropriations (P.L. 108–83) ...... 3,539 3,066 0 Defense Appropriations (P.L. 108–87) ...... 368,694 251,486 0 Homeland Security Appropriations (P.L. 108–90) ...... 30,216 18,192 0 Emergency Supplemental Appropriations Act for Defense and Reconstruction of Iraq and Afghanistan (P.L. 108–106) ...... 3,555 1,133 0 Total, appropriation acts ...... 406,219 301,226 0

Passed Pending Signature: Interior Appropriations Act, 2004 (H.R. 2691) ...... 19,673 13,202 0 An act to reauthorize certain school lunch and child nutrition programs (H.R. 3232) ...... 7 7 0 An act to amend Title XXI of the Social Security Act (H.R. 3288) ...... 0 9 0 Military Family Tax Relief Act of 2003 (H.R. 3365) ...... ¥595 ¥595 ¥169

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.085 S11PT1 S14450 CONGRESSIONAL RECORD — SENATE November 11, 2003 TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2004, AS OF NOVEMBER 7, 2003— Continued [In millions of dollars]

Budget authority Outlays Revenues

Total, passed pending signature ...... 19,085 12,623 ¥169

Continuing Resolution Authority: Continuing Resolution, 2004 (P.L. 108–107) ...... 336,417 177,141 0 Entitlements and mandatories: Difference between enacted levels and budget resolution estimates for appropriated entitlements and other mandatory programs ...... 358,395 338,102 n.a. Total Current Level 1,2 ...... 1,861,741 1,883,922 1,330,938 Total Budget Resolution ...... 1,873,459 1,896,973 1,331,000 Current Level Over Budget Resolution ...... n.a. n.a. n.a. Current Level Under Budget Resolution ...... 11,718 13,051 62 1 Per section 502 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2004, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. As a result, the current level excludes the following items: outlays of $262 million from funds provided in the Emergency Supplemental Appropriations for Disaster Relief Act of 2003 (P.L. 108–69); outlays of $456 million from funds provided in the Legislative Branch Appropriations Act, 2004 (P.L. 108–83); budget authority of $400 million and outlays of $67 million provided in the Interior Appropriations Act, 2004 (H.R. 2691); and budget authority of $83,992 million and outlays of $35,970 million pro- vided in the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (P.L. 108–106). 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. Notes.—n.a. = not applicable; P.L. = Public Law; * = less than $500,000. Source: Congressional Budget Office.

FAREWELL TO IRV KUPCINET tinued his relationship with football by America is never going to forget Irv Mr. DURBIN. Mr. President, today officiating for the NFL. He broadcast Kupcinet. The real question we now the city of Chicago, IL, is marking the Chicago Bears football games on radio, face in Chicago is whether we can get passing of a legend. Just yesterday, with Jack Brickhouse, for 24 years. He up in the morning and face a day with- Chicago, and the rest of the Nation as appeared in two movies by Otto out Kup’s column. By standing fast to well, lost a giant—the famous Chicago Preminger, ‘‘Advise and Consent’’ and his memory, standing fast to his val- Sun Times columnist Irv Kupcinet who ‘‘Anatomy of a Murder.’’ ues, I think we will be able to weather died at age 91. But it was his power as a writer and this storm and still maintain a warm In the city of Chicago, there are few his integrity as a person that set Irv spot in our heart for the late Irv landmarks anyone thinks of, but one of Kupcinet apart. Kup did not dish the Kupcinet. the great landmarks was Irv Kupcinet. dirt that other celebrity columnists I yield the floor. He was a columnist not only known thrived on. Instead, he often took on I suggest the absence of a quorum. THE PRESIDING OFFICER. The across Chicago but across the Nation. subjects not typically covered by his A native Chicagoan, Kup, as he was counterparts; topics such as race rela- clerk will call the roll. The assistant legislative clerk pro- known to millions, said that even as a tions and veterans’ issues. He was also ceeded to call the roll. child he knew someday he would be in a tireless worker for charities—raising the newspaper business. But it wasn’t funds and lending his name to a host of f charitable causes. until a shoulder injury ended his first ADDITIONAL STATEMENTS National Football League season with In 1939, Kup married the love of his the Philadelphia Eagles in 1935 that he life, a feisty redheaded Northwestern University student named Esther turned to journalism, becoming a CONGRATULATING CHARLYE O. ‘‘Essee’’ Solomon. The couple had two sports writer for the now defunct Chi- FARRIS children, Jerry and Karyn, who was cago Times. ∑ Mrs. HUTCHISON. Mr. President, In 1948 that paper merged with a known as ‘‘Cookie.’’ Cookie was an as- piring actress and moved to Hollywood, Charlye O. Farris was licensed to prac- cross-town rival to create the Sun- tice law by the State of Texas on No- Times, the newspaper which Kup called where she died at the age of 22. Her murder was never solved, and Kup vember 12, 1953. home for the remaining 55 years of his She was the first African American grieved the loss of his daughter for the life. And as any reader of his columns woman licensed to practice law in rest of his life. His beloved Essee died can attest, right up until the end, Irv Texas. just two years ago in 2001. On July 7, 1954, when Charlye O. Kupcinet still wrote with passion and Today we woke up to a world without wit about the subjects on which he Irv Kupcinet, and we are all somewhat Farris became a special county judge built his career—famous people and his poorer by that loss. But a little part of in Wichita County, TX, she became the native Chicago. Kup will always be with us. And his ex- first African American to serve in the Over the years, Kup’s column was ample is one worth noting. South as a judge in any capacity since distributed to more than 100 news- If an aspiring columnist were to ask Reconstruction. papers around the world and its author my advise on reaching the highest lev- Charlye O. Farris is a native of Wich- showered with innumerable awards. In els of that profession, I would offer the ita Falls, TX, and a graduate of Booker 1982, he was elected to Chicago’s Jour- following advice: study the life of Irv T. Washington High School and Prairie nalism Hall of Fame. The city of Chi- Kupcinet. Try to capture his passion, View A&M College. She earned her cago renamed the Wabash Avenue his courage, his style. And never forget Bachelor of Laws degree from Howard bridge over the Chicago River in his those things that came across in every University in May, 1953, and has over- honor in 1986. column he wrote—a love of story, a come significant and numerous bar- In 1959, Kup became the host for the love of language, and a genuine love of riers in order to practice law. She is syndicated television show, ‘‘At Ran- people. the recipient of the Gertrude E. Rush dom,’’ where he interviewed personal- Thank you Kup. We will miss you. Award of the National Bar Association ities ranging from Nobel Prize winners I close by saying a few months ago, for her service and achievements as an and politicians to starlets and oddballs. Kup, who was then in a wheelchair, African American lawyer. Kupcinet estimated he interviewed asked me if I would join him at his leg- Charlye O. Farris received the Mar- about 6,500 guests on the show, which endary luncheon he had every Satur- garet Brent Women Lawyers of aired every Saturday night for 27 day at the Drake Hotel. I went to that Achievement Award from the Commis- years, including former Presidents luncheon. There were about 12 gathered sion on Women in the Profession of the Richard M. Nixon, Gerald Ford and there—friends of Kup for a lifetime. I American Bar Association, which rec- Jimmy Carter, and other newsmakers was the youngest at the table by at ognizes women who have excelled in such as Lenny Bruce, Senator Robert least 20 years. the legal profession and helped pave Kennedy, Yul Brynner and Malcolm X. I listened as they regaled me with the way for other women entering the The show won a Peabody Award for ex- stories of America and Chicago, of field. Her accomplishments as a cellence in broadcasting and more than sports, of horse racing, entertain- woman, African American, lawyer, and a dozen Emmys. ment—everything that had made Kup’s community leader have made her a His other accomplishments were life. It was a great lunch, and I will role model for countless Texans. Sen- enough to fill several careers. He con- never forget it. ator JOHN CORNYN and I congratulate

VerDate jul 14 2003 03:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.058 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14451 Charlye O. Farris on the occasion of in America, Who’s Who in American cent downpayments for FHA mortgage loans her 50th anniversary as a lawyer prac- Education, and Oxford Who’s Who. In for teachers and public safety officers to buy ticing in Texas.∑ addition to the hours he puts in as homes within the jurisdictions of their em- President of Dakota State University, ploying agencies; to the Committee on Bank- f ing, Housing, and Urban Affairs. Dr. Tunheim has spent his time on the DR. JERALD TUNHEIM RETIRES Madison Area Chamber of Commerce f FROM DAKOTA STATE UNIVER- Education Committee, Madison Area SITY SUBMISSION OF CONCURRENT AND Chamber of Commerce Board of Direc- SENATE RESOLUTIONS ∑ Mr. JOHNSON. Mr. President, I rise tors, Council of Presidents and Super- today to recognize and honor Dr. Jer- intendents of South Dakota System of The following concurrent resolutions ald Tunheim on the occasion of his re- Higher Education. Governor’s Task and Senate resolutions were read, and tirement as the president of Dakota Force on Vocational-Technical Edu- referred (or acted upon), as indicated: State University in Madison, SD. cation, and the National Association of By Mr. FRIST (for himself, Mr. After receiving both his Bachelor of Intercollegiate Athletes Council of DASCHLE, Mr. SPECTER, Mr. GRAHAM Science degree in Engineering Physics Presidents, among many others. of Florida, Mr. BINGAMAN, and Mr. DORGAN): and Master of Science in Physics from The lives of countless people have South Dakota State University in S. Res. 264. a resolution expressing the been enormously enhanced by Dr. sense of the Senate regarding Veterans Day Brookings, South Dakota, Dr. Tunheim Tunheim’s talent and leadership as 2003; considered and agreed to. briefly moved to Stillwater, OK, where President at Dakota State University. By Mrs. BOXER (for herself and Mrs. he received his Ph.D. in Physics from The State of South Dakota is a better FEINSTEIN): Oklahoma State University. He began place because of his commitment to S. Res. 265. A resolution recognizing and his South Dakota teaching career at and passion for higher education excel- honoring the firefighters and other public his alma mater in 1968 as an assistant lence and his achievements should servants who responded to the devastating professor of physics before becoming outbreak of wildfires in southern California serve as a model for other talented edu- in October 2003; considered and agreed to. professor and Head of the Physics De- cators throughout our state to emu- partment in 1980. late. f Dr. Tunheim has earned the respect I wish Dr. Jerald Tunheim the very ADDITIONAL COSPONSORS and admiration of all those who had best on his retirement.∑ the opportunity to work with him. His S. 59 f friendly demeanor and wealth of At the request of Mr. INOUYE, the knowledge helped him develop close REPORTS OF COMMITTEES name of the Senator from Louisiana friendships with various colleagues and The following reports of committees (Ms. LANDRIEU) was added as a cospon- students while establishing the legacy were submitted: sor of S. 59, a bill to amend title 10, of Dakota State University in South By Mr. LUGAR, from the Committee on United States Code, to permit former Dakota. Dr. Tunheim joined Dakota Foreign Relations, without amendment: members of the Armed Forces who State University three years after the S. 1824. A bill to amend the Foreign Assist- have a service-connected disability South Dakota legislature changed Da- ance Act of 1961 to reauthorize the Overseas rated as total to travel on military air- kota State University’s mission to Private Investment Corporation, and for craft in the same manner and to the focus on computer and information other purposes (Rept. No. 108–194). same extent as retired members of the systems technology as academic dis- By Mr. LUGAR, from the Committee on Armed Forces are entitled to travel on Foreign Relations, with an amendment: ciplines. In his term as President, there S. 950. A bill to allow travel between the such aircraft. has been a 236 percent increase in en- United States and Cuba. S. 198 rollment and the number of computer f At the request of Mr. SMITH, the majors has soared from 109 in 1985 to name of the Senator from Mississippi INTRODUCTION OF BILLS AND over 1,000 today. (Mr. LOTT) was added as a cosponsor of In his Letter from the President, Dr. JOINT RESOLUTIONS S. 198, a bill to amend the Internal Tunheim is proud to announce that, The following bills and joint resolu- Revenue Code of 1986 to allow an in- ‘‘with a proud heritage as its founda- tions were introduced, read the first come tax credit for the provision of tion, Dakota State has evolved to meet and second times by unanimous con- homeownership and community devel- the needs of today’s students with its sent, and referred as indicated: opment, and for other purposes. innovative approach to education and a By Mrs. BOXER: S. 337 faculty with diverse backgrounds and S. 1845. A bill to amend title 37, United At the request of Mr. NELSON of Flor- experiences. Dakota State offers its States Code, to provide financial assistance ida, the name of the Senator from Cali- students the best opportunities to to State and local governments that con- fornia (Mrs. BOXER) was added as a co- learn and grow to meet the demands of tinue to pay employees who serve on active sponsor of S. 337, a bill to amend the their future.’’ Over the years, Dr. duty in a reserve component of the uni- Federal Insecticide, Fungicide, and Tunheim has committed himself to formed services; to the Committee on Armed Services. Rodenticide Act and the Solid Waste helping Dakota State University stu- By Ms. SNOWE: Disposal Act to prohibit the use of ar- dents learn more about themselves and S. 1846. A bill to amend title 38, United senic-treated lumber as mulch, com- the world around them as he has States Code, to establish a presumption of post, or a soil amendment, and to pro- worked hard to help students find the service-connection for certain veterans with hibit the manufacture of arsenic-treat- best in themselves. Thousands of stu- hepatitis C, and for other purposes; to the ed wood for use as playground equip- dents over the years have benefited Committee on Veterans’ Affairs. ment for children, fences, walkways, or from Dr. Tunheim’s commitment to By Mr. CORZINE: decks or for other residential or occu- higher educational excellence. S. 1847. A bill to amend title 38, United States Code, to establish a comprehensive pational purposes, and for other pur- On the occasion of his retirement, I program for testing and treatment of vet- poses. congratulate Dr. Tunheim for his tire- erans for Hepatitis C virus; to the Com- S. 448 less dedication to Dakota State Uni- mittee on Veterans’ Affairs. versity and his commitment to quality By Mr. WYDEN (for himself and Mr. At the request of Mr. DODD, the education. Dr. Tunheim has been rec- SMITH): names of the Senator from Louisiana ognized many times over for his ex- S. 1848. A bill to amend the Bend Pine (Ms. LANDRIEU), the Senator from traordinary career including being Nursery Land Conveyance Act to direct the Maryland (Ms. MIKULSKI) and the Sen- named Teacher of the Year twice while Secretary of Agriculture to sell the, Bend ator from Hawaii (Mr. INOUYE) were at South Dakota State University. He Pine Nursery Administration Site in the added as cosponsors of S. 448, a bill to State of Oregon; to the Committee on En- leave no child behind. was also chosen as one of the ‘‘100 In- ergy and Natural Resources. fluential South Dakotans for 1994’’ is By Mr. SCHUMER: S. 473 listed in journals such as American S. 1849. A bill to amend section 203 of the At the request of Mr. FEINGOLD, the Men and Women of Science, Who’s Who National Housing Act to provide for 1 per- name of the Senator from New Jersey

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.069 S11PT1 S14452 CONGRESSIONAL RECORD — SENATE November 11, 2003 (Mr. CORZINE) was added as a cosponsor from Kentucky (Mr. MCCONNELL), the ALLEN) was added as a cosponsor of S. of S. 473, a bill to amend the Federal Senator from Maryland (Ms. MIKUL- 1828, a bill to eliminate the substantial Water Pollution Control Act to clarify SKI), the Senator from Alaska (Ms. backlog of DNA samples collected from the jurisdiction of the United States MURKOWSKI), the Senator from Wash- crime scenes and convicted offenders, over waters of the United States. ington (Mrs. MURRAY), the Senator to improve and expand the DNA testing S. 971 from Florida (Mr. NELSON), the Senator capacity of Federal, State, and local At the request of Mr. HARKIN, the from Nebraska (Mr. NELSON), the Sen- crime laboratories, to increase re- name of the Senator from Maryland ator from Oklahoma (Mr. NICKLES), the search and development of new DNA (Ms. MIKULSKI) was added as a cospon- Senator from Rhode Island (Mr. REED), testing technologies, to develop new sor of S. 971, a bill to amend title XIX the Senator from West Virginia (Mr. training programs regarding the collec- of the Social Security Act to provide ROCKEFELLER), the Senator from New tion and use of DNA evidence, and for individuals with disabilities and older York (Mr. SCHUMER), the Senator from other purposes. Americans with equal access to com- Maine (Ms. SNOWE), the Senator from S. RES. 253 Virginia (Mr. WARNER) and the Senator munity-based attendant services and At the request of Mr. NELSON of Flor- supports, and for other purposes. from Oregon (Mr. WYDEN) were added ida, the names of the Senator from In- as cosponsors of S. 1266, a bill to award S. 983 diana (Mr. BAYH), the Senator from a congressional gold medal to Dr. Doro- At the request of Mr. CHAFEE, the Delaware (Mr. BIDEN), the Senator thy Height, in recognition of her many name of the Senator from Pennsyl- from Delaware (Mr. CARPER), the Sen- contributions to the Nation. vania (Mr. SPECTER) was added as a co- ator from Illinois (Mr. DURBIN), the S. 1379 sponsor of S. 983, a bill to amend the Senator from North Carolina (Mr. ED- At the request of Mr. JOHNSON, the Public Health Service Act to authorize WARDS), the Senator from California name of the Senator from North Caro- the Director of the National Institute (Mrs. FEINSTEIN), the Senator from Ar- lina (Mrs. DOLE) was added as a cospon- of Environmental Health Sciences to kansas (Mrs. LINCOLN), the Senator sor of S. 1379, a bill to require the Sec- make grants for the development and from Arkansas (Mr. PRYOR), the Sen- retary of the Treasury to mint coins in operation of research centers regarding ator from New York (Mr. SCHUMER) and commemoration of veterans who be- environmental factors that may be re- the Senator from Michigan (Ms. came disabled for life while serving in STABENOW) were added as cosponsors of lated to the etiology of breast cancer. the Armed Forces of the United States. S. 1224 S. Res. 253, a resolution to recognize S. 1483 the evolution and importance of motor- At the request of Mr. CORZINE, the At the request of Mr. DODD, the sports. name of the Senator from Illinois (Mr. names of the Senator from Massachu- AMENDMENT NO. 2057 DURBIN) was added as a cosponsor of S. setts (Mr. KERRY) and the Senator from 1224, a bill to expand the powers of the Washington (Ms. CANTWELL) were At the request of Mr. LUGAR, the Attorney General to regulate the man- added as cosponsors of S. 1483, a bill to name of the Senator from Rhode Island ufacture, distribution, and sale of fire- amend the Head Start Act to reauthor- (Mr. CHAFEE) was added as a cosponsor arms and ammunition, and to expand ize that Act, and for other purposes. of amendment No. 2057 intended to be the jurisdiction of the Attorney Gen- S. 1545 proposed to S. 1585, an original bill eral to include firearm products and At the request of Mr. HATCH, the making appropriations for the Depart- nonpowder firearms. name of the Senator from Illinois (Mr. ments of Commerce, Justice, and S. 1266 FITZGERALD) was added as a cosponsor State, the Judiciary, and related agen- At the request of Mrs. CLINTON, the of S. 1545, a bill to amend the Illegal cies for the fiscal year ending Sep- names of the Senator from Hawaii (Mr. Immigration Reform and Immigrant tember 30, 2004, and for other purposes. AKAKA), the Senator from Tennessee Responsibility Act of 1996 to permit f (Mr. ALEXANDER), the Senator from States to determine State residency for STATEMENTS ON INTRODUCED Montana (Mr. BAUCUS), the Senator higher education purposes and to au- BILLS AND JOINT RESOLUTIONS from Indiana (Mr. BAYH), the Senator thorize the cancellation of removal and from Delaware (Mr. BIDEN), the Sen- adjustment of status of certain alien By Mrs. BOXER: ator from New Mexico (Mr. BINGAMAN), students who are long-term United S. 1845. A bill to amend title 37, the Senator from California (Mrs. States residents. United States Code, to provide finan- BOXER), the Senator from Louisiana S. 1653 cial assistance to State and local gov- (Mr. BREAUX), the Senator from West At the request of Mr. INOUYE, the ernments that continue to pay employ- Virginia (Mr. BYRD), the Senator from name of the Senator from New Jersey ees who serve on active duty in a re- Washington (Ms. CANTWELL), the Sen- (Mr. CORZINE) was added as a cosponsor serve component of the uniformed serv- ator from Delaware (Mr. CARPER), the of S. 1653, a bill to ensure that rec- ices; to the Committee on Armed Serv- Senator from Rhode Island (Mr. reational benefits are given the same ices. CHAFEE), the Senator from North Da- priority as hurricane and storm dam- Mrs. BOXER. Mr. President, today is kota (Mr. CONRAD), the Senator from age reduction benefits and environ- Veterans Day—a day to honor the serv- South Dakota (Mr. DASCHLE), the Sen- mental restoration benefits. ice of those brave men and women who ator from Connecticut (Mr. DODD), the S. 1709 have fought for and defended our coun- Senator from North Carolina (Mrs. At the request of Mr. CRAIG, the try. DOLE), the Senator from North Dakota names of the Senator from Massachu- This Veterans Day has special mean- (Mr. DORGAN), the Senator from Wis- setts (Mr. KERRY) and the Senator from ing as 130,000 Americans are serving in consin (Mr. FEINGOLD), the Senator Washington (Ms. CANTWELL) were Iraq, and many in this country have from California (Mrs. FEINSTEIN), the added as cosponsors of S. 1709, a bill to lost loved ones in Iraq in the past year. Senator from Florida (Mr. GRAHAM), amend the USA PATRIOT ACT to Americans can be proud of the sol- the Senator from South Carolina (Mr. place reasonable limitations on the use diers, sailors, airmen, and marines who GRAHAM), the Senator from Iowa (Mr. of surveillance and the issuance of are serving today. They are continuing HARKIN), the Senator from South Caro- search warrants, and for other pur- to show the courage, dignity, and brav- lina (Mr. HOLLINGS), the Senator from poses. ery with which our veterans, who we Texas (Mrs. HUTCHISON), the Senator S. 1744 honor today, have served in the past. from Hawaii (Mr. INOUYE), the Senator At the request of Mr. GRASSLEY, the That rich tradition includes those from Vermont (Mr. JEFFORDS), the Sen- name of the Senator from Minnesota Americans who serve in the Guard and ator from South Dakota (Mr. JOHNSON), (Mr. COLEMAN) was added as a cospon- Reserves. In the 12 years since the first the Senator from Massachusetts (Mr. sor of S. 1744, a bill to prevent abuse of war in Iraq, more than 525,000 members KENNEDY), the Senator from Vermont Government credit cards. of the Guard and Reserves have been (Mr. LEAHY), the Senator from Arkan- S. 1828 mobilized—more than twice the num- sas (Mrs. LINCOLN), the Senator from At the request of Mr. KYL, the name ber that were mobilized in the previous Mississippi (Mr. LOTT), the Senator of the Senator from Virginia (Mr. 36 years.

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.072 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14453 When they are called up to active ian compensation of an employee described (b) CLERICAL AMENDMENT.—The table of duty, they leave their civilian jobs— in subsection (a), the Secretary concerned sections at the beginning of chapter 17 of and their civilian salaries—behind. shall reimburse the State or local govern- title 37, United States Code, is amended by ment for the civilian compensation paid by Most take a pay cut—and are glad to inserting after the item relating to section the State or local government for each pay 909 the following new item: do so to serve our country. But when period described in subsection (c), but not to that active duty service becomes an ex- ‘‘910. Assistance for State and local govern- exceed the difference (if any) between— ments that continue to pay em- tended tour of duty, the financial ‘‘(1) the amount of civilian compensation ployees who serve on active strain on the families left behind can that would otherwise have been payable to duty.’’. the employee for such pay period if the em- be enormous. (c) APPLICATION OF AMENDMENT.—Section ployee’s civilian employment with the State To close this pay gap, some State and 910 of title 37, United States Code, as added or local government had not been inter- local governments make up the dif- by subsection (a), shall apply with respect to rupted by the service on active duty; and pay periods (as described in subsection (b) of ferent between military and civilian ‘‘(2) the amount of military pay that is such section) beginning on or after the date pay for their employees who have been payable to the employee for the service on of the enactment of this Act. activated. Unfortunately, with strains active duty and is allocable to such pay pe- on State and local budgets across the riod. By Ms. SNOWE: country—as well as the increased de- ‘‘(c) PAY PERIODS.—Reimbursement shall S. 1846. A bill to amend title 38, mand for more police and firefighters be provided under this section with respect United States Code, to establish a pre- to help fight terrorism and enhance our to each pay period (which would otherwise apply if the employee’s civilian employment sumption of service-connection for cer- homeland security—such payments to had not been interrupted) that occurs— tain veterans with hepatitis C, and for our Guards and Reservists are a finan- ‘‘(1) while the employee serves on active the other purposes; to the Committee cially difficult option—or not an option duty for a period of more than 30 days; on Veterans’ Affairs. at all—for most State and local govern- ‘‘(2) while the employee is hospitalized for, Ms. SNOWE. Mr. President, I rise ments. or convalescing from, an illness or injury in- That is why I am today introducing curred in, or aggravated during, the perform- today to reintroduce legislation I first the Service to the Country Reimburse- ance of such active duty; or introduced in the 105th Congress to ad- ment Act. Under my bill, the Federal ‘‘(3) during the 14-day period beginning at dress a serious health concern for vet- the end of such active duty or the end of the erans—specifically, the health threat Government would reimburse State period referred to in paragraph (2). and local governments for the costs of posed by the Hepatitis C virus. ‘‘(d) EFFECT OF FAILURE TO RETURN TO EM- This legislation, the Veterans Hepa- paying the different between the civil- PLOYMENT.—(1) If an employee described in ian salary and the military pay of a subsection (a), with respect to whom reim- titis C Treatment bill, establishes a Guard or Reserves member who is acti- bursement is provided to a State or local presumption of service connection for vated for more than 30 days. government under this section, fails to re- veterans with hepatitis C, provided port or apply for employment or reemploy- that certain conditions are met. This This legislation will encourage State ment with the State or local government by and local governments to make those bill will enable veterans who con- the end of the period referred to in sub- tracted Hepatitis C in military service payments in order to keep the families section (c)(3), the employee shall refund to financially whole, ensuring that the the Secretary concerned the total amount of to receive treatment for this condition families of those who serve our country the reimbursement provided with respect to by the Department of Veterans Affairs. in the Guards and Reserves will not be the employee. Under this legislation, veterans who ‘‘(2) Subject to paragraph (3), an obligation received a transfusion of blood during a financially penalized because of the to refund moneys to the United States im- service being made to our country. period of service before December 31, posed under paragraph (1) is for all purposes 1992; veterans who were exposed to I encourage my colleagues to join me a debt owed to the United States. in this effort. And I ask unanimous ‘‘(3)(A) The Secretary concerned may blood during a period of service; vet- consent that the text of the bill be waive, in whole or in part, a refund required erans who underwent hemodialysis dur- printed in the RECORD. under paragraph (1) if the Secretary con- ing a period of service; veterans diag- There being no objection, the bill was cerned determines that recovery would be nosed with unexplained liver disease against equity and good conscience or would ordered to be printed in the RECORD, as during a period of service; or veterans be contrary to the best interests of the working in a health care occupation follows: United States. S. 1845 ‘‘(B) The Secretary concerned shall waive a during service, will be eligible for Be it enacted by the Senate and House of Rep- refund required under paragraph (1) if the treatment for Hepatitis C at VA facili- resentatives of the United States of America in Secretary concerned determines that the ties. Congress assembled, failure of the employee in question to report I have reviewed medical research or apply for employment or reemployment SECTION 1. SHORT TITLE. that suggests many veterans were ex- was due to an injury or disability of the em- This Act may be cited as the ‘‘Service to posed to Hepatitis C in service, and are ployee that is not the fault of the employee. Country Reimbursement Act of 2003’’. ‘‘(4) A discharge in bankruptcy under title now suffering from liver disease and SEC. 2. ASSISTANCE FOR STATE AND LOCAL GOV- 11 that is entered less than five years after other diseases caused by exposure to ERNMENTS THAT CONTINUE TO PAY the end of the period referred to in sub- this virus. I am troubled that many EMPLOYEES WHO SERVE ON ACTIVE section (c)(3) does not discharge the em- DUTY IN A RESERVE COMPONENT ‘‘Hepatitis C veterans’’ are not being OF THE UNIFORMED SERVICES. ployee from a debt arising under paragraph treated by the VA because they can’t (a) IN GENERAL.—Chapter 17 of title 37, (1). This paragraph applies to any case com- prove the virus was service connected, United States Code, is amended by adding at menced under title 11 after the date of the despite the fact that Hepatitis was not the end the following new section: enactment of this section. ‘‘(e) REGULATIONS.—The Secretaries con- isolated until 1989 and could not be ‘‘§ 910. Assistance for State and local govern- cerned shall prescribe regulations to carry tested for until 1990. ments that continue to pay employees who out this section. Hepatitis C is a hidden infection with serve on active duty ‘‘(f) DEFINITIONS.—In this section: few symptoms. However, most of those ‘‘(a) CONTINUATION OF CIVILIAN BASIC ‘‘(1) The term ‘civilian compensation’ infected with the virus will develop se- PAY.—It is the purpose of this section to en- means the wages or salary that an employee rious liver disease 10 to 30 years after courage States and local governments to of a State or local government normally re- continue to pay a portion of the civilian ceives from the employee’s employment by contracting the virus. For many of compensation of those employees who are the State or local government. those infected, Hepatitis C can lead to also members of a reserve component and are ‘‘(2) The term ‘local government’ means an liver failure, transplants, liver cancer absent from a position of employment with agency or political subdivision of a State. and death. the State or local government under a call or ‘‘(3) The term ‘military pay’ has the mean- And yet, most people who have Hepa- order to serve on active duty for a period of ing given the term ‘pay’ in section 101(21) of titis C don’t even know it—and so they more than 30 days so that the employees re- this title. don’t get treatment until it’s too late. ceive compensation in an amount that, when ‘‘(4) The term ‘State’ means each of the It has been estimated that up to 70 per- taken together with their military pay, is at several States of the United States, the Dis- least equal to their civilian compensation. trict of Columbia, the Commonwealth of cent of the approximately four million ‘‘(b) REIMBURSEMENT OFFERED.—At the re- Puerto Rico, Guam, the Virgin Islands, and Americans with Hepatitis C are un- quest of a State or local government that other territories or possessions of the United aware that they carry the virus. For continues to pay all or a portion of the civil- States.’’. those who know they’re infected, the

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.074 S11PT1 S14454 CONGRESSIONAL RECORD — SENATE November 11, 2003 prognosis is promising—some esti- atitis C virus]. Some of those veterans And yet, most veterans who have mates indicate that 50 percent may may have left the military with the Hepatitis C don’t even know it—and have the virus eradicated. [Hepatitis C virus], while others may often do not get treatment until it’s Vietnam veterans in particular are have developed it after their military too late. Despite recent advances in just now starting to learn that they service. In any event, we need to detect treating Hepatitis C, the VA still lacks have liver disease likely caused by and treat [Hepatitis C] if we are to a comprehensive, consistent, uniform Hepatitis C. Early detection and treat- head off very high rates of liver disease approach to testing and treating vet- ment may help head off serious liver and liver transplant in VA facilities erans for the virus. Only a fraction of disease for many of them. However, over the next decade.’’ the 3.5 million veterans enrolled na- many veterans with Hepatitis C will Some may argue that further epi- tionally with the VA Health Care Sys- not be treated by the VA because they demiologic data is needed to resolve tem have been tested to date. Part of must first establish a service connec- the issue of service connection. I agree the problem stems from a lack of quali- tion for their condition—a standard that we have our work cut out for us, fied, full-time medical personnel to ad- that is virtually impossible to meet. and further study should be done. How- minister and analyze the tests. Most of My colleagues may be interested to ever, there is already a substantial the 172 VA hospitals in this country know how veterans were likely exposed body of research which has firmly es- have only one doctor, working a half to this virus. Medical advances during tablished that veterans have a higher day a week, to conduct and analyze all the Vietnam War included rapid evacu- incidence of Hepatitis C when com- the tests. At this rate, it will take ation, improved transfusion and high pared to non-veterans. We should not years to test the entire enrolled popu- rates of U.S. casualty survival in an ask those who have already sacrificed lation—years that many of these vet- era prior to Hepatitis C screening of so much for this country to wait—per- erans may not have. the blood supply. Blood transfusion is haps for years—for the treatment they To address this growing problem, I one of the most common ways Hepa- deserve while further research is being am introducing the Veterans Com- titis C is transmitted. Medical trans- conducted. prehensive Hepatitis C Health Care mission of the virus through needles Today is Veteran’s Day and we will Act. This legislation will improve ac- and other medical equipment is also all take time to honor the sacrifices cess to Hepatitis C testing and treat- possible in combat. Medical care pro- that these brave men and women have ment for all veterans, ensure that the viders who served in combat, where made to defend the freedom of this VA spends all allocated Hepatitis C universal precautions and rubber glove country and ensure others could live in funds on testing and treatment, and use are often absent, were likely at in- peace. These veterans shouldn’t be sets new, national policies for Hepa- creased risk as well, and may have, in asked to fight another battle for the titis C care. Congressman Rodney turn, posed a risk to the service mem- benefits and respect that they have Frelinghuysen from New Jersey has in- bers they treated. earned. troduced companion legislation in the Researchers have discovered that I hope this legislation will be a con- House of Representatives. some blood sent from the U.S. was in- structive step in addressing the health The bill would improve testing and fected with the virus. Researchers and concerns of this Nation’s veterans, and treatment for veterans by requiring an- veterans organizations, including the I look forward to working with the nual screening tests for Vietnam-era Veterans Affairs Committee, the VA- Vietnam Veterans of America, believe veterans enrolled in the VA system, HUD appropriators, and veterans that many veterans were infected after and providing annual tests, upon re- groups to meet this emerging chal- being injured in combat and getting a quest, to other veterans enrolled in the lenge. transfusion or from working as a medic VA system. Further, it would require around combat injuries. By Mr. CORZINE: the VA to treat any enrolled veteran Yet, veterans cannot establish a serv- S. 1847. A bill to amend title 38, who tests positive for the Hepatitis C ice connection because frequently United States Code, to establish a com- virus, regardless of service-connected there were no symptoms when they prehensive program for testing and disability status or priority group cat- were originally infected while in Viet- treatment of veterans for Hepatitis C egorization. The VA would be required nam. In addition, while medical virus; to the Committee on Veterans’ to provide at least one dedicated health records may show a short bout of Hepa- Affairs. care professional—a doctor and a titis, Hepatitis C was not known at the Mr. CORZINE. Mr. President, I rise nurse—at each VA Hospital for testing time and there was not a test available today on Veterans Day to introduce and treatment of this disease. to detect the virus. the Veterans Comprehensive Hepatitis This bill would also increase the The Hepatitis C infected veteran is C Health Care Act. This bill would fun- amount of money dedicated to Hepa- essentially in a catch-22 situation: the damentally change the way the Depart- titis C testing and treatment, and VA will not provide treatment unless a ment of Veterans Affairs is addressing would make sure these funds are spent service connection has been estab- the growing Hepatitis C epidemic, and where they are needed most. Beginning lished, but the veterans cannot prove would create a national standard for in FY04, Hepatitis C funding would be that they contracted Hepatitis C in testing and treating veterans with the shifted to the Specific Purpose account combat because the science to detect virus. under the Veterans Health Administra- the virus didn’t exist. Without legisla- Hepatitis C is a disease of the liver tion, and would be dedicated solely for tive authority to treat these veterans, caused by contact with the Hepatitis C the purpose of paying for the costs as- thousands of veterans infected with virus. It is primarily spread by contact sociated with treating veterans with Hepatitis C while in the service will with infected blood. The CDC estimates the Hepatitis C virus. The bill would not receive VA health care testing or that 1.8 percent of the population is in- allocate these funds to the 22 Veterans treatment. fected with the Hepatitis C virus, and Integrated Service Networks (VISN) I believe that in the long run we will that number is much higher among based on each VISN’s Hepatitis C inci- actually save money by testing and veterans. Vietnam-era veterans are dence rate, or the number of veterans treating this infection early on. The al- considered to be at greater risk be- infected with the virus. ternative is much more costly treat- cause many were exposed to Hepatitis In addition, this bill will end the con- ment of end-state liver disease and the C-infected blood as a result of combat- fusing patchwork of policies governing associated complications, or other dis- related surgical care during the Viet- the care of veterans with Hepatitis C orders. nam War. In fact, data from the Vet- throughout the nation. This legislation Former Surgeon General C. Everett erans Administration suggests that as directs the VA to develop and imple- Koop, well respected both within and many as 18 percent of all veterans and ment a standardized, national Hepa- outside of the medical profession, has 64 percent of Vietnam veterans are in- titis C policy for its testing protocol, said: ‘‘In some studies of veterans en- fected with the Hepatitis C Virus treatment options and education and tering the Department of Veterans Af- (HCV). For many of those infected, notification efforts. The bill further di- fairs health facilities, half of the vet- Hepatitis C can lead to liver failure, rects the VA to develop an outreach erans have tested positive for [the Hep- transplants, liver cancer, and death. program to notify veterans who have

VerDate jul 14 2003 02:28 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.107 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14455 not been tested for the Hepatitis C ‘‘(c) STATUS OF CARE.—(1) Treatment shall the Hepatitis C virus of the need for such virus of the need for such testing and be provided under subsection (b) without re- testing and the availability of such testing the availability of such testing through gard to whether the Hepatitis C virus is de- from the Department of Veterans Affairs. the VA. And finally, this legislation termined to be service-connected and with- SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE. out regard to priority group categorization (a) ESTABLISHMENT.—The Secretary of Vet- would establish Hepatitis C Centers of of the veteran. No copayment may be Excellence in geographic areas with erans Affairs shall establish at least one, and charged for treatment under subsection (b), not more than three, additional Hepatitis C high incidence of Hepatitis C infection. and no third-party reimbursement may be centers of excellence or additional sites at As I’ve said, many veterans do not sought or accepted, under section 1729 of this which activities of Hepatitis C centers of ex- even realize that they may be infected title or any other provision of law, for test- cellence are carried out. Each such addi- with the Hepatitis C virus, and the VA ing or treatment under subsection (a) or (b). tional center or site shall be established at a is doing little to encourage them to get ‘‘(2) Paragraph (1) shall cease to be in ef- Department of Veterans Affairs medical cen- the critical testing they need. The VA fect upon the effective date of a determina- ter in one of the five geographic service tion by the Secretary or by Congress that currently lacks a comprehensive na- areas (known as a Veterans Integrated Serv- the occurrence of the Hepatitis C virus in ice Network) with the highest case rate of tional strategy for combating this specified veterans shall be presumed to be deadly disease. With the passage of the Hepatitis C in fiscal year 1999. service-connected. (b) FUNDING.—Funding for the centers or Veterans Comprehensive Hepatitis C ‘‘(d) STAFFING.—(1) The Secretary shall re- sites established under subsection (a) shall Health Care Act, veterans will finally quire that each Department medical center be provided from amounts available to the be provided with the access to testing employ at least one full-time gastro- Central Office of the Department of Veterans and treatment that they have more enterologist, hepatologist, or other qualified Affairs and shall be in addition to amounts than earned and deserve. Additionally, physician to provide tests and treatment for allocated for Hepatitis C pursuant to section the Hepatitis C virus under this section. 3. the Federal Government will actually ‘‘(2) The Secretary shall, to the extent save money in the long run by testing practicable, ensure that each Department By Mr. WYDEN (for himself and and treating this infection early on. medical center has at least one staff member Mr. SMITH): The alternative is much more costly assigned to work, in coordination with Hepa- treatment of end-stage liver disease titis C medical personnel, to coordinate S. 1848. A bill to amend the Bend and the associated complications, or treatment options for Hepatitis C patients Pine Nursery Land Conveyance Act to other disorders. and provide information and counseling for direct the Secretary of Agriculture to The VA has known about the problem those patients and their families. Such a sell the Bend Pine Nursery Administra- staff member should preferably be trained in tion Site in the State of Oregon; to the of Hepatitis C among veterans since psychology or psychiatry or be a social 1992, but they have not acted. We must Committee on Energy and Natural Re- worker. sources. address this critical issue for the brave ‘‘(3) In order to improve treatment pro- men and women who have placed their vided to veterans with the Hepatitis C virus, Mr. WYDEN. Mr. President, today I lives in danger to protect the United the Secretary shall provide increased train- am introducing a bill, with my friend States. I urge my colleagues to join me ing options to Department health care per- and colleague Senator SMITH of Oregon, in supporting this crucial legislation. sonnel.’’. to amend the Bend Pine Nursery Land There being no objection, the bill was (b) CLERICAL AMENDMENT.—The table of Conveyance Act, enacted three years sections at the beginning of such chapter is ago, authorizing the sale of the U.S. ordered to be printed in the RECORD, as amended by inserting after the item relating follows: Forest Service Bend Pine Nursery to to section 1720E the following new item: the community of Bend, OR, for use as S. 1847 ‘‘1720F. Hepatitis C testing and treatment.’’. Be it enacted by the Senate and House of Rep- a public park and recreation facility. SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS In the original bill, Senator SMITH, resentatives of the United States of America in OF THE DEPARTMENT OF VETERANS Congress assembled, AFFAIRS. Congressman WALDEN and I sought to SECTION 1. SHORT TITLE. (a) PROGRAM ACCOUNT.—Beginning with fis- achieve some very basic objectives. We This Act may be cited as the ‘‘Veterans cal year 2004, amounts appropriated for the wanted the community of Bend to take Comprehensive Hepatitis C Health Care Department of Veterans Affairs for Hepatitis title to a property which for many Act’’. C detection and treatment shall be provided, years had been a federally owned plan- SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH within the ‘‘Medical Care’’ account, through tation for growing pine seedlings, and CARE TESTING AND TREATMENT the ‘‘Specific Purpose’’ subaccount, rather which will now make a superb park and PROGRAM FOR VETERANS. than the ‘‘VERA’’ subaccount. ball field complex for the use of the (a) IN GENERAL.—Chapter 17 of title 38, (b) ALLOCATION OF FUNDS TO VISNS.—In al- United States Code, is amended by inserting locating funds appropriated for the Depart- community. At the same time, the bill after section 1720E the following new section: ment of Veterans Affairs for the ‘‘Medical authorized the sale of several other ‘‘§ 1720F. Hepatitis C testing and treatment Care’’ account to the Veterans Integrated properties in order to raise an account ‘‘(a) INITIAL TESTING.—(1) During the one- Service Networks, the Secretary of Veterans enabling the Forest Service to acquire year period beginning on the date of the en- Affairs shall allocate funds for detection and a new headquarters for the Deschutes actment of the Veterans Comprehensive Hep- treatment of the Hepatitis C virus based National Forest. atitis C Health Care Act, the Secretary shall upon incidence rates of that virus among In 1999, we drafted the original legis- veterans (rather than based upon the overall provide a blood test for the Hepatitis C virus lation in very close consultation with to— population of veterans) in each such net- work. the U.S. Forest Service based on the ‘‘(A) each veteran who served in the active assumption that in so doing, the agen- military, naval, or air service during the (c) LIMITATION ON USE OF FUNDS.—Amounts Vietnam era or who is considered to be ‘at appropriated for the Department of Veterans cy would have the necessary tools and risk,’ and is enrolled to receive care under Affairs for Hepatitis C detection and treat- direction to move swiftly to implement section 1710 of this title who requests the ment through the ‘‘Specific Purpose’’ sub- the legislation. The intent of the legis- test or is otherwise receiving a physical ex- account may not be used for any other pur- lation was to have the Forest Service amination or any care or treatment from the pose. sell the property to the Bend Parks Secretary; and SEC. 4. NATIONAL POLICY. District within a year of its enactment ‘‘(B) to any other veteran who requests the (a) STANDARDIZED NATIONWIDE POLICY.— at the estimated value of the property test. The Secretary of Veterans Affairs shall de- ‘‘(2) After the end of the period referred to velop and implement a standardized policy at that time, $3 million. in paragraph (1), the Secretary shall provide to be applied throughout the Department of Unfortunately, the goodwill built up a blood test for the Hepatitis C virus to any Veterans Affairs health care system with re- throughout the drafting process was veteran who requests the test. spect to the Hepatitis C virus. The policy squandered by the Forest Service. Two ‘‘(b) FOLLOWUP TESTING AND TREATMENT.— shall include the testing protocol for the years of delays in the implementation In the case of any veteran who tests positive Hepatitis C virus, treatment options, edu- of the original legislation resulted in for the Hepatitis C virus, the Secretary— cation and notification efforts, and estab- an appraised price of $5.8 million as op- ‘‘(1) shall provide such followup tests as lishment of a specific Hepatitis C diagnosis posed to the $3 million this property are considered medically appropriate; and code for measurement and treatment pur- ‘‘(2) shall provide appropriate treatment poses. was assumed to be worth when the for that veteran in accordance with the na- (b) OUTREACH.—The Secretary shall, on an original Bend Pine Nursery Land Con- tional protocol for the treatment of Hepa- annual basis, take appropriate actions to no- veyance was enacted in 2000. This delay titis C. tify veterans who have not been tested for has been inconsistent with the intent

VerDate jul 14 2003 02:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.106 S11PT1 S14456 CONGRESSIONAL RECORD — SENATE November 11, 2003 of the original legislation and runs en- SUBMITTED RESOLUTIONS (3) that all Americans shall be encouraged tirely contrary to the interest of Bend to join the Senate in honoring and paying taxpayers. tribute to veterans of the Armed Forces of The community has always been SENATE RESOLUTION 264—EX- the United States, both on Veterans Day and more than willing to pay fair value for PRESSING THE SENSE OF THE throughout the year. this property, and their goodwill and SENATE REGARDING VETERANS f DAY 2003 their tax dollars should not be wasted SENATE RESOLUTION 265—RECOG- any longer. Mr. FRIST (for himself, Mr. DASCHLE, NIZING AND HONORING THE The bill I introduce today resolves Mr. SPECTER, Mr. GRAHAM of Florida, FIREFIGHTERS AND OTHER PUB- the issues that stand in the way of im- Mr. BINGAMAN, and Mr. DORGAN) sub- LIC SERVANTS WHO RESPONDED plementation of this simple land sale mitted the following resolution; which TO THE DEVASTATING OUT- in a fair manner, directing the sale to was considered and agreed to: BREAK OF WILDFIRES IN SOUTH- move forward expeditiously for $3.5 Whereas tens of millions of Americans ERN CALIFORNIA IN OCTOBER million. That figure is arrived at by as- have served in the Armed Forces of the 2003 suming the $3 million value of the United States during the past century; property on the day the original Act Whereas hundreds of thousands of Ameri- Mrs. BOXER (for herself and Mrs. cans have given their lives while serving in FEINSTEIN) submitted the following res- was passed, allowing for inflation per the Armed Forces of the United States dur- the Forest Service’s calculations, and ing the past century; olution; which was considered and then deducting the value of acreage Whereas the contributions and sacrifices of agreed to: that the Forest Service has decided not the men and women who have served in the S. RES. 265 to sell and 15 acres the Forest Service Armed Forces of the United States have been Whereas in late October 2003, southern has the ability to transfer to the local vital in maintaining our freedoms and way of California experienced multiple simulta- school district at no cost. life; neous devastating wildfires that destroyed I look forward to the expeditious res- Whereas the more than 700,000 brave Amer- thousands of homes, took many lives, and icans who have sacrificed their lives while olution to this issue. burned hundreds of thousands of acres of serving in the Armed Forces of the United grasslands and forests, exceeding the devas- I ask unanimous consent that the States have ensured that the Nation, which text of the bill to be printed in the tation of any fires in the past century; is founded on the principles of freedom, jus- Whereas in the space of a few days, all of RECORD. tice, and democracy, shall endure; the resources of local firefighting companies There being no objection, the bill was Whereas Armistice Day was first pro- were called on to man fire lines, first on 1 ordered to be printed in the RECORD, as claimed by President Woodrow Wilson in 1919 front and then on many fronts; follows: to commemorate the November 11, 1918, ar- Whereas firefighters were thrown into ex- mistice between the Allies and the Central S. 1848 traordinarily dangerous situations because Powers that ended the fighting of World War of the fast-moving, fuel- and wind-driven Be it enacted by the Senate and House of Rep- I; fires; resentatives of the United States of America in Whereas on June 1, 1954, President Dwight Whereas firefighters exhibited resilience Congress assembled, D. Eisenhower signed into law the Act pro- and courage by continuing to stay on the SECTION 1. SALE OF BEND PINE NURSERY AD- claiming November 11 as Veterans Day (Pub- lines, often in back-to-back shifts, while MINISTRATIVE SITE. lic Law 83–380); knowing, in some instances, that their own The Bend Pine Nursery Land Conveyance Whereas on October 8, 1954, in anticipation families were in danger or that their per- Act (114 Stat. 2512) is amended— of the first nationwide observance of Vet- sonal homes had been lost; (1) in section 3— erans Day in 1954, President Dwight D. Ei- Whereas 1 firefighter, Steven Rucker, (A) in subsection (a)— senhower issued a presidential proclamation (i) by striking paragraph (1); regarding that Veterans Day which states made the ultimate sacrifice by giving his (ii) by redesignating paragraphs (2) that ‘‘[o]n that day let us solemnly remem- life; through (7) as subparagraphs (A) through (F), ber the sacrifices of all those who fought so Whereas the firefighters who were called respectively, and adjusting the margins ap- valiantly, on the seas, in the air, and on for- initially were later assisted by skilled and propriately; and eign shores, to preserve our heritage of free- courageous pilots, who flew water-drop (iii) by striking ‘‘(a) IN GENERAL.—The dom, and let us reconsecrate ourselves to the flights in the most challenging wind and Secretary may’’ and inserting the following: task of promoting an enduring peace so that smoke conditions, and by firefighters from ‘‘(a) IN GENERAL.—The Secretary— their efforts shall not have been in vain’’; throughout the State of California and ‘‘(1) shall offer to sell to the Bend Metro Whereas on November 10, 2003, President neighboring States; Park and Recreation District in Deschutes George W. Bush issued a presidential procla- Whereas additional emergency personnel, County, Oregon, for consideration in the mation regarding Veterans Day 2003 which including law enforcement and medical per- amount of $3,505,676, all right, title, and in- states that ‘‘[t]oday, our veterans inspire sonnel, have coordinated with local authori- terest of the United States in and to approxi- new generations of Americans as we work to ties and firefighters and have performed be- mately 170 acres of the parcel of land identi- defeat terrorism and advance peace. In re- yond the call of duty in the preservation and fied as Tract A, Bend Pine Nursery, as de- spect for and recognition of the contribu- protection of human lives; and picted on the site plan map entitled ‘Bend tions our service men and women have made Whereas members of the Armed Forces Pine Nursery Administrative Site, May 13, to the cause of peace and freedom around the have once again met their country’s call to 1999’; and world, the Congress has provided (5 U.S.C. duty, providing valuable firefighting assets ‘‘(2) may’’; 6103(a)) that November 11 of each year shall and assistance to the emergency response ef- (B) by striking subsection (e)(3); and be set aside as a legal public holiday to forts of California: Now, therefore, be it (C) by inserting after subsection (f) the fol- honor veterans’’; Resolved, That the Senate— lowing: Whereas in 2003 the Senate is in session on (1) recognizes and honors all of the fire- ‘‘(g) BEND PINE NURSERY ADMINISTRATIVE November 11 despite that date being a public fighters who responded to the devastating SITE.—The land conveyed to the Bend Metro holiday to honor veterans; and outbreak of wildfires in southern California Park and Recreation District under section Whereas it is proper that the Senate ob- in October 2003; 3(a)(1)— serve the day with appropriate tributes and (2) recognizes and honors all others, includ- ‘‘(1) shall be used only for recreation pur- commemorations even as it conducts the Na- ing emergency, law enforcement, and med- poses; and tion’s business: Now, therefore, be it ical personnel, pilots, and members of the ‘‘(2) may be developed for those purposes.’’. Resolved, That it is the sense of the Sen- Armed Forces, for their important contribu- (2) by redesignating section 6 as section 7; ate— tions to controlling the wildfires and keep- and (1) that the war dead of the Nation, and ing Californians safe; and (3) by inserting after section 5 the fol- veterans of the Armed Forces of the United (3) commends the firefighters and other lowing: States, alive or dead, are to be honored for personnel for dedicated service to the people ‘‘SEC. 6. CONVEYANCE TO BEND-LA PINE SCHOOL their contributions and sacrifices to preserve of California. DISTRICT. the Nation and the principles of freedom, ‘‘The Secretary, in accordance with section justice, and democracy that all Americans f 202 of the Education Land Grant Act (16 hold dear; and AMENDMENTS SUBMITTED AND U.S.C. 479a), shall convey to Administrative (2) that Veterans Day 2003 shall be com- PROPOSED School District No. 1, Deschutes County, Or- memorated with appropriate tributes to all egon, for no consideration, 15 acres of land veterans of the Armed Forces of the United SA 2148. Mr. LUGAR (for himself, Mrs. located in the northwest corner of the tract States for their contributions and sacrifices, BOXER, and Mr. SANTORUM) proposed an described in section 3(a)(1), to be used for and most especially to those who made the amendment to the bill H.R. 1828, to halt Syr- educational purposes.’’. ultimate sacrifice; and ian support for terrorism, end its occupation

VerDate jul 14 2003 02:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.105 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14457 of Lebanon, stop its development of weapons (A) in subparagraph (A)— ceived in fiscal year 2000, 2001, or 2002, which- of mass destruction, cease its illegal impor- (i) by striking ‘‘and developmental disabil- ever is greater’’; and tation of Iraqi oil and illegal shipments of ities’’ and inserting ‘‘, developmental dis- (2) in paragraph (4)(A)(ii), by inserting be- weapons and other military items to Iraq, abilities, and disabilities and health’’; and fore the period the following: ‘‘, the amount and by so doing hold Syria accountable for (ii) by striking ‘‘subsection (d)(2)’’ and in- received by the State for the previous year, the serious international security problems serting ‘‘subsection (c)(2)’’; or the amount of Federal appropriations re- it has caused in the Middle East, and for (B) in subparagraph (B), by striking ‘‘and’’ ceived in fiscal year 2000, 2001, or 2002, which- other purposes. at the end; ever is greater’’. SA 2149. Mr. FRIST (for Mr. BOND) sub- (C) in subparagraph (C), by striking the pe- (b) EFFECTIVE DATE.—The amendments mitted an amendment intended to be pro- riod and inserting a semicolon; and made by subsection (a) shall take effect on posed by Mr. FRIST to the bill S. 286, to re- (D) by adding at the end the following: October 1, 2003 and apply to allotments be- vise and extend the Birth Defects Prevention ‘‘(D) to conduct research on and to pro- ginning in fiscal year 2004. Act of 1998. mote the prevention of such defects and dis- SEC. 4. REPORT ON SURVEILLANCE ACTIVITIES. f abilities, and secondary health conditions Not later than 18 months after the date of among individuals with disabilities; and enactment of this Act, the Secretary of TEXT OF AMENDMENTS ‘‘(E) to support a National Spina Bifida Health and Human Services jointly with the SA 2148. Mr. LUGAR (for himself, Program to prevent and reduce suffering Secretary of Education shall submit to the from the Nation’s most common perma- Mrs. BOXER, and Mr. SANTORUM) pro- Committee on Health, Education, Labor, and nently disabling birth defect.’’; Pensions of the Senate and the Committee posed an amendment to the bill H.R. (2) by striking subsection (b); 1828, to halt Syrian support for ter- on Energy and Commerce and Committee on (3) in subsection (d)— Education and the Workforce of the House of rorism, end its occupation of Lebanon, (A) by striking paragraph (1) and inserting Representatives a report concerning surveil- stop its development of weapons of the following: lance activities under section 102 of the Chil- mass destruction, cease its illegal im- ‘‘(1) contains information regarding the in- dren’s Health Act of 2000 (Public Law 106- portation of Iraqi oil and illegal ship- cidence and prevalence of birth defects, de- 310), specifically including— ments of weapons and other military velopmental disabilities, and the health sta- (1) a description of the current grantees items to Iraq, and by so doing hold tus of individuals with disabilities and the under the National Autism and Pervasive extent to which these conditions have con- Developmental Disabilities Surveillance Pro- Syria accountable for the serious inter- tributed to the incidence and prevalence of national security problems it has gram and the Centers of Excellence in Au- infant mortality and affected quality of tism and Pervasive Developmental Disabil- caused in the Middle East, and for life;’’; ities the data collected, analyzed, and re- other purposes; as follows: (B) in paragraph (3), by inserting ‘‘, devel- ported under such grants, the sources of such On page 2, strike lines 8 through 15. opmental disabilities, and secondary health data, and whether such data was obtained On page 9, strike lines 21 through 24. conditions among individuals with disabil- with parental consent as required under the On page 15, line 1, strike ‘‘will be held re- ities’’ after ‘‘defects’’; Family Educational Rights and Privacy Act sponsible’’ and insert ‘‘should bear responsi- (C) in paragraph (4), by striking ‘‘and’’ at of 1974 (20 U.S.C. 1232g); bility’’. the end; (2) a description of current sources of data On page 15, beginning on line 6, strike (D) by redesignating paragraph (5) as para- for the surveillance of autism and develop- ‘‘shall impede Syria’s ability’’ and insert graph (7); and mental disabilities and the methods for ob- ‘‘will work to deny Syria the ability’’. (E) by inserting after paragraph (4) the fol- taining such data, including whether such On page 15, strike lines 18 through 20. lowing: data was obtained with parental or patient On page 16, line 17, insert after ‘‘citizen in ‘‘(5) contains information on the incidence consent for disclosure; Iraq’’ the following: ‘‘if the Government of and prevalence of individuals living with (3) an analysis of research on autism and Syria is found to be responsible’’. birth defects and disabilities or develop- developmental disabilities with respect to On page 18, strike lines 15 through 20 and mental disabilities, information on the the methods of collection and reporting, in- insert the following: health status of individuals with disabilities, cluding whether such research was obtained (b) WAIVER.—The President may waive the information on any health disparities experi- with parental or patient consent for disclo- application of subsection (a)(1), (a)(2), or enced by such individuals, and recommenda- sure; both if the President determines that it is in tions for improving the health and wellness (4) an analysis of the need to add education the national security interest of the United and quality of life of such individuals; records in the surveillance of autism and States to do so and submits to the appro- ‘‘(6) contains a summary of recommenda- other developmental disabilities, including priate congressional committees a report tions from all birth defects research con- the methodological and medical necessity containing the reasons for the determina- ferences sponsored by the Centers for Disease for such records and the rights of parents tion. Control and Prevention, including con- and patients in the use of education records On page 20, beginning on line 6, strike ferences related to spina bifida; and’’; (in accordance with the Family Educational ‘‘withdrawn all Syrian military, intel- (4) by redesignating subsections (c), (d), Rights and Privacy Act of 1974); ligence, and other security personnel from and (e) as subsections (b), (c), and (d), respec- (5) a description of the efforts taken by the Lebanon’’ and insert ‘‘ended its occupation tively; Centers for Disease Control and Prevention of Lebanon described in section 2(7) of this (5) by inserting after subsection (d) (as so to utilize education records in conducting Act’’. redesignated), the following: the surveillance program while obtaining pa- On page 21, beginning on line 15, strike ‘‘(e) ADVISORY COMMITTEE.—Notwith- rental or patient consent for such education standing any other provision of law, the ‘‘the attacks against the United States that records, including the outcomes of such ef- members of the advisory committee ap- occurred on September 11, 2001, and other’’. forts; pointed by the Director of the National Cen- On page 21, beginning on line 20, strike (6) a description of the challenges provided ter for Environmental Health that have ex- ‘‘given the recognition that Hizbullah is to obtaining education records (in the ab- pertise in birth defects, developmental dis- equally or more capable than al Qaeda’’ and abilities, and disabilities and health shall be sence of parental or patient consent) for the insert ‘‘and other terrorist organizations transferred to and shall advise the National purpose of obtaining additional surveillance supported by Syria’’. Center on Birth Defects and Developmental data for autism and other developmental dis- Disabilities effective on the date of enact- abilities; and SA 2149. Mr. FRIST (for Mr. BOND) ment of the Birth Defects and Develop- (7) a description of the manner in which submitted an amendment intended to mental Disabilities Prevention Act of 2003.’’; such challenges can be overcome, including be proposed by Mr. FRIST to the bill S. and efforts to educate parents, increase con- 286, to revise and extend the Birth De- (6) in subsection (f), by striking fidence in the privacy of the surveillance fects Prevention Act of 1998; as follows: ‘‘$30,000,000’’ and all that follows and insert- program, and increase the rate of parental or ing ‘‘such sums as may be necessary for each patient consent, and including specific quan- Strike all after the enacting clause and in- of fiscal years 2003 through 2007.’’. titative and qualitative justifications for sert the following: SEC. 3. TECHNICAL CORRECTIONS FOR STATE any recommendations for changes to exist- SECTION 1. SHORT TITLE. COUNCILS ON DEVELOPMENTAL ing statutory authority, including the Fam- This Act may be cited as the ‘‘Birth De- DISABILITIES. ily Educational Rights and Privacy Act of fects and Developmental Disabilities Preven- (a) IN GENERAL.—Section 122(a) of the De- 1974. tion Act of 2003’’. velopmental Disabilities Assistance and Bill f SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS of Rights Act of 2000 (42 U.S.C. 15022(a)) is AND DEVELOPMENTAL DISABIL- amended— NOTICES OF HEARINGS/MEETINGS ITIES. (1) in paragraph (3)(A)(ii), by inserting be- Section 317C of the Public Health Service fore the period the following: ‘‘, the amount (At the request of Mr. MCCONNELL, Act (42 U.S.C. 247b–4) is amended— received by the State for the previous year, the following statement was ordered to (1) in subsection (a)(2)— or the amount of Federal appropriations re- be printed in the RECORD.)

VerDate jul 14 2003 02:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.083 S11PT1 S14458 CONGRESSIONAL RECORD — SENATE November 11, 2003 COMMITTEE ON INDIAN AFFAIRS Wednesday there be 20 minutes equally about what has been happening in con- Mr. CAMPBELL. Mr. President, I an- divided for debate prior to a vote on ferences that we are here today. Demo- nounce that the Committee on Indian the adoption of the conference report crats believe that through prompt pas- Affairs will meet on Thursday, Novem- to accompany the Department of De- sage of the reconciled CARE and Chari- ber 13, 2003, at 10 a.m., in room 485 of fense authorization bill; provided fur- table Giving Acts, Congress will pro- the Russell Senate Office Building to ther that immediately following that vide the leadership to translate these conduct a business meeting to consider vote, the Senate proceed to a vote on concerns to action. S. 1529, the Indian Gaming Regulatory the adoption of the conference report Therefore, Mr. President, I ask con- Act amendments of 2003; S. 1721, the to accompany H.R. 2559, the Military sent that the leader would modify his American Indian Probate Reform Act Construction appropriations bill. request to provide for all the provisions of 2003; and S. Res. 248, a resolution ex- The PRESIDING OFFICER. Without of his request, except the portion on pressing the sense of the Senate con- objection, it is so ordered. going to conference. We stand ready cerning the Individual Indian Money f now to pass this bill and send it to the Account Trust Funds lawsuit. House, just as we have done on several UNANIMOUS CONSENT REQUEST— Those wishing additional information bills in the past week—for example, the H.R. 7 may contact the Indian Affairs Com- military tax bill. Just today we amend- mittee at 224–2251. Mr. FRIST. I ask unanimous consent ed and passed the Syrian Account- f the Senate proceed to the immediate ability Act. It is not unusual for the consideration of H.R. 7, the Charitable Senate to send a measure to the House PRIVILEGES OF THE FLOOR Giving bill. I further ask unanimous with an amendment, just as we are now Mr. AKAKA. Mr. President, I ask consent that all after the enacting suggesting with respect to H.R. 7. unanimous consent that Ms. Carol Ma- clause be stricken; that the Snowe The PRESIDING OFFICER. Does the donna, a legislative fellow at my per- amendment and the Grassley-Baucus majority leader modify his request? sonal office, be permitted the privilege amendment which are at the desk be Mr. FRIST. Mr. President, I object to of the floor during consideration of the agreed to en bloc; that the substitute the proposed modification. conference report on H.R. 1588, the De- amendment which is the text of S. 476, The PRESIDING OFFICER. Objec- fense authorization bill for fiscal year the Senate-passed version of the Chari- tion is heard with respect to the pro- 2004. table Giving bill as amended by the posed modification. The PRESIDING OFFICER. Without Snowe and Grassley and Baucus Mr. REID. I object to the leader’s re- objection, it is so ordered. amendments, be agreed to; that the bill quest. Mr. DAYTON. I ask unanimous con- as amended be read a third time and The PRESIDING OFFICER. Objec- sent that LTC Gregg Blanchard, a mili- passed; that the motion to reconsider tion is heard to the unanimous consent tary fellow in my office, be given floor be laid upon the table; further, that the request. privileges for the rest of this debate. Senate insist upon its amendments and f The PRESIDING OFFICER. Without request a conference with the House; VETERANS DAY 2003 objection, it is so ordered. and lastly, that the Chair be author- Mr. FRIST. Mr. President, I ask ized to appoint conferees with the ratio Mr. FRIST. Mr. President, I ask unanimous consent the order for the of 3 to 2; and that any statements re- unanimous consent that the Senate quorum call be rescinded. lating to the bill be printed in the proceed to the immediate consider- The PRESIDING OFFICER. Without RECORD. ation of S. Res. 264, a sense-of-the-Sen- objection, it is so ordered. The PRESIDING OFFICER. Is there ate resolution regarding Veterans Day, f objection? The Senator from Nevada. which was introduced earlier today. The PRESIDING OFFICER. The DEPARTMENTS OF VETERANS AF- Mr. REID. Reserving the right to ob- clerk will report the resolution by FAIRS AND HOUSING AND URBAN ject, Mr. President, we have heard a lot on our side about the CARE Act. Let title. DEVELOPMENT AND INDE- The legislative clerk read as follows: PENDENT AGENCIES APPROPRIA- me say we are strongly committed to TIONS ACT, 2004 it. We have worked with the majority A resolution (S. Res. 264) expressing the on a bipartisan basis to avoid the pol- sense of the Senate regarding Veterans Day Mr. FRIST. Mr. President, I now icy disagreements and pass a bill that 2003. move to proceed to Calendar No. 267, increases the resources desperately There being no objection, the Senate H.R. 2861, VA-HUD appropriations bill. needed by the charitable community. proceeded to consider the resolution. The PRESIDING OFFICER. The We strongly support the vital funding Mr. FRIST. Mr. President, November question is on agreeing to the motion. for the Social Services Block Grant. 11 was originally known as Armistice The motion was agreed to. The Senate bill restores the Social Day to celebrate the end of World War The PRESIDING OFFICER. The Services Block Grant to full funding of I. In 1938, Congress declared November clerk will report the bill by title. $2.8 billion. However, the House pro- 11 a national holiday in the hopes that The assistant legislative clerk read vides no such provision. the world would never ever again see a as follows: These grants are used to fund a range battle so fierce and so devastating as A bill (H.R. 2861) making appropria- of social services, with recipients rang- that First World War, but that was not tions for the Departments of Veterans ing from children in need of day care or to be. Affairs and Housing and Urban Devel- protective services, to elderly or dis- Only a few years later, World War II opment, and for sundry independent abled individuals in need of home-de- broke out in Europe. America would agencies, boards, commissions, cor- livered meals. lose 407,000 servicemen in battle. porations, and offices for the fiscal These funds today are urgently need- Henceforth, the movement began to year ending September 30, 2004, and for ed. We have heard from organizations recognizes our heroes in uniform. other purposes. across the country and across the po- In 1954, President Eisenhower pro- Mr. FRIST. I now ask unanimous litical spectrum that tell us how im- claimed November 11 Veterans Day. He consent that Senate resume consider- portant this money is, including: told the Nation at that time that it ation of the bill at 9:30 tomorrow morn- America needs a powerful mobilization was his ‘‘earnest hope that all vet- ing. of civic energies and a substantial in- erans, their organizations, and the en- The PRESIDING OFFICER. Without crease in resources, public and private, tire citizenry will join hands to ensure objection, it is so ordered. to confront widespread poverty and so- proper and widespread observance of f cial problems. We also need closer and this day.’’ more effective collaboration between Today, nearly 50 years later, we join ORDERS FOR WEDNESDAY, the Government and this country’s hands to pay tribute to that very spe- NOVEMBER 12, 2003 community organizations. cial group of people who have brought Mr. FRIST. Mr. President, I ask It is because of our strong commit- our country such honor, whose courage unanimous consent that at 2:15 p.m. on ment to this funding and our concern and whose sacrifice have secured our

VerDate jul 14 2003 02:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.084 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14459 liberty: the men and women of the will be used to support military oper- valiantly, on the seas, in the air, and on for- Armed Forces; people such as Senator ations and provide needed equipment eign shores, to preserve our heritage of free- DANIEL INOUYE, who fought so val- to our troops overseas. dom, and let us reconsecrate ourselves to the iantly in World War II and earned the We are also working to help our task of promoting an enduring peace so that their efforts shall not have been in vain’’; highest award that can be bestowed, fighting men and women by improving Whereas on November 10, 2003, President the Medal of Honor; Senator MCCAIN, veterans health care and the TRICARE George W. Bush issued a presidential procla- who served with singular courage and program for our armed services. The mation regarding Veterans Day 2003 which sacrifice in Vietnam; Senator STEVENS, recently enacted supplemental bill in- states that ‘‘[t]oday, our veterans inspire a World War II Air Force pilot, who creases TRICARE benefits to thou- new generations of Americans as we work to earned two distinguished Flying sands of members of the Guard and Re- defeat terrorism and advance peace. In re- Crosses, two Air Medals, and the Yuan serve. spect for and recognition of the contribu- Hai medal from the Republic of China. In these and other concrete ways, we tions our service men and women have made to the cause of peace and freedom around the JOHN WARNER, CHUCK HAGEL, and FRITZ are working hard to support those world, the Congress has provided (5 U.S.C. HOLLINGS are also Members of this dis- whose serve us so ably. In doing so, we 6103(a)) that November 11 of each year shall tinguished body who served in battle not only recognize their contribution, be set aside as a legal public holiday to with honor and with courage. we recognize the great purpose of our honor veterans’’; It is because of them and over 46 mil- Nation. Whereas in 2003 the Senate is in session on lion veterans since our Nation’s found- In the midst of the Revolution, the November 11 despite that date being a public ing that we are today free—free to de- great essayist Thomas Paine told his holiday to honor veterans; and bate in these Halls of Congress, free to fellow Americans: Whereas it is proper that the Senate ob- serve the day with appropriate tributes and raise our families with the values that These are the times that try men’s souls. commemorations even as it conducts the Na- we choose. It is because of the sac- The summer soldier and the sunshine patriot tion’s business: Now, therefore, be it rifices of these special Americans that will, in this crisis, shrink from the service of Resolved, That it is the sense of the Sen- their country, but he that stands it now de- we have the freedom to live as fully ate— serves the love and thanks of man and and as completely as our imaginations (1) that the war dead of the Nation, and woman. will allow, to realize those blessings of veterans of the Armed Forces of the United liberty. Today we express our love and States, alive or dead, are to be honored for The last 2 years have put these bless- thanks to the men and women who their contributions and sacrifices to preserve ings in stark relief. On September 11, have stood to defend our freedoms in the Nation and the principles of freedom, when our enemies struck, and the bil- battles past, and to all of the soldiers justice, and democracy that all Americans lows of smoke were rising out of the today in the field, I thank you. Amer- hold dear; World Trade Center and the Pentagon ica thanks you. (2) that Veterans Day 2003 shall be com- Mr. FRIST. Mr. President, I ask memorated with appropriate tributes to all here in Washington, DC, and in that veterans of the Armed Forces of the United pulverized plane on a Pennsylvania unanimous consent that the resolution States for their contributions and sacrifices, field, we saw that determined face of be agreed to, the preamble be agreed and most especially to those who made the evil. to, the motion to reconsider be laid ultimate sacrifice; and But as clear as the blue sky above— upon the table, and that any state- (3) that all Americans shall be encouraged and who will ever forget that bright, ments relating to this matter be print- to join the Senate in honoring and paying stark, blue sky on that morning?—we ed in the RECORD. tribute to veterans of the Armed Forces of saw the blessings of liberty. We re- The PRESIDING OFFICER. Without the United States, both on Veterans Day and learned that freedom indeed is precious objection, it is so ordered. throughout the year. and that freedom must be defended. The resolution (S. Res. 264) was f Since that day a new generation of agreed to. men and women have heard the call- The preamble was agreed to. BIRTH DEFECTS AND DEVELOP- ing—so young yet so brave. They are The resolution, with its preamble, MENTAL DISABILITIES PREVEN- taking the battle to the enemy. The reads as follows: TION ACT OF 2003 men and women in the Armed Forces S. RES. 264 Mr. FRIST. Mr. President, I ask are proving every day that America is Whereas tens of millions of Americans unanimous consent that the Senate a courageous and a compassionate na- have served in the Armed Forces of the proceed to the immediate consider- tion, and that our cause is just. United States during the past century; ation of calendar item No. 369, S. 286. We are blessed to have such heroes Whereas hundreds of thousands of Ameri- The PRESIDING OFFICER. The among us. Today we honor them as cans have given their lives while serving in clerk will report the bill by title. the Armed Forces of the United States dur- well. We are working with the Presi- The legislative clerk read as follows: dent to improve our veterans’ quality ing the past century; A bill (S. 286) to revise and extend the of life by securing the benefits afforded Whereas the contributions and sacrifices of the men and women who have served in the Birth Defects Prevention Act of 1998. to them for their service. Access to Armed Forces of the United States have been There being no objection, the Senate quality care is critical to our veterans. vital in maintaining our freedoms and way of Veterans hospitals have been the focal proceeded to consider the bill which life; had been reported from the Committee point of veterans’ health care delivery. Whereas the more than 700,000 brave Amer- We are also working to improve the icans who have sacrificed their lives while on Health, Education, Labor, and Pen- hospital system to allow disabled vet- serving in the Armed Forces of the United sions, with an amendment to strike all erans to collect, over 10 years, the por- States have ensured that the Nation, which after the enacting clause and inserting tions of their pensions that they do not is founded on the principles of freedom, jus- in lieu thereof the following: receive under current law. Veterans tice, and democracy, shall endure; [Strike the part shown in black brackets Whereas Armistice Day was first pro- and insert the part shown in italic.] with combat-related injuries and those claimed by President Woodrow Wilson in 1919 S. 286 who are considered 50-percent disabled to commemorate the November 11, 1918, ar- would qualify for these benefits. It is mistice between the Allies and the Central Be it enacted by the Senate and House of Rep- our intent to have this legislation en- Powers that ended the fighting of World War resentatives of the United States of America in acted this year. I; Congress assembled, For our future veterans, we have ex- Whereas on June 1, 1954, President Dwight øSECTION 1. SHORT TITLE. panded funding to support our troops. D. Eisenhower signed into law the Act pro- øThis Act may be cited as the ‘‘Birth De- In the 2004 emergency Iraq-Afghanistan claiming November 11 as Veterans Day (Pub- fects and Developmental Disabilities Preven- supplemental appropriations bill, mili- lic Law 83–380); tion Act of 2003’’. tary personnel salaries and benefits Whereas on October 8, 1954, in anticipation øSEC. 2. NATIONAL CENTER ON BIRTH DEFECTS of the first nationwide observance of Vet- AND DEVELOPMENTAL DISABIL- were increased to $17.8 billion for erans Day in 1954, President Dwight D. Ei- ITIES. Guard and Reserve troops activated for senhower issued a presidential proclamation øSection 317C of the Public Health Service duty. regarding that Veterans Day which states Act (42 U.S.C. 247b–4) is amended— In addition, much of the funding in that ‘‘[o]n that day let us solemnly remem- ø(1) in subsection (a)(2)— this supplemental appropriations bill ber the sacrifices of all those who fought so ø(A) in subparagraph (A)—

VerDate jul 14 2003 02:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\CR\FM\G11NO6.150 S11PT1 S14460 CONGRESSIONAL RECORD — SENATE November 11, 2003 ø(i) by striking ‘‘and developmental dis- øSEC. 3. TECHNICAL CORRECTIONS FOR STATE advisory committee appointed by the Director of abilities’’ and inserting ‘‘, developmental COUNCILS ON DEVELOPMENTAL the National Center for Environmental Health disabilities, and disabilities and health’’; and DISABILITIES. that have expertise in birth defects, develop- ø(ii) by striking ‘‘subsection (d)(2)’’ and in- øSection 122(a) of the Developmental Dis- mental disabilities, and disabilities and health serting ‘‘subsection (c)(2)’’; abilities Assistance and Bill of Rights Act of shall be transferred to and shall advise the Na- ø(B) in subparagraph (B), by striking 2000 (42 U.S.C. 15022(a)) is amended— tional Center on Birth Defects and Develop- ‘‘and’’ at the end; ø(1) in paragraph (3)(A)(ii), by inserting be- mental Disabilities effective on the date of en- ø(C) in subparagraph (C), by striking the fore the period the following: ‘‘, the amount actment of the Birth Defects and Developmental period and inserting a semicolon; and received by the State for the previous year, Disabilities Prevention Act of 2003.’’; and ø(D) by adding at the end the following: or the amount of Federal appropriations re- (6) in subsection (f), by striking ‘‘$30,000,000’’ ø‘‘(D) to conduct research on and to pro- ceived in fiscal year 2000, 2001, or 2002, which- and all that follows and inserting ‘‘such sums as mote the prevention of such defects and dis- ever is greater’’; and may be necessary for each of fiscal years 2003 abilities, and secondary health conditions ø(2) in paragraph (4)(A)(ii), by inserting be- through 2007.’’. among individuals with disabilities; and fore the period the following: ‘‘, the amount SEC. 3. TECHNICAL CORRECTIONS FOR STATE ø‘‘(E) to support a National Spina Bifida received by the State for the previous year, COUNCILS ON DEVELOPMENTAL DIS- Program to prevent and reduce suffering or the amount of Federal appropriations re- ABILITIES. from the Nation’s most common perma- ceived in fiscal year 2000, 2001, or 2002, which- (a) IN GENERAL.—Section 122(a) of the Devel- nently disabling birth defect.’’; ever is greater’’.¿ opmental Disabilities Assistance and Bill of ø(2) by striking subsection (b); SECTION 1. SHORT TITLE. Rights Act of 2000 (42 U.S.C. 15022(a)) is amend- ø(3) in subsection (d)— This Act may be cited as the ‘‘Birth Defects ed— ø(A) by striking paragraph (1) and insert- and Developmental Disabilities Prevention Act (1) in paragraph (3)(A)(ii), by inserting before ing the following: of 2003’’. the period the following: ‘‘, the amount received ø ‘‘(1) contains information regarding the SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS by the State for the previous year, or the incidence and prevalence of birth defects, de- AND DEVELOPMENTAL DISABIL- amount of Federal appropriations received in velopmental disabilities, and the health sta- ITIES. fiscal year 2000, 2001, or 2002, whichever is tus of individuals with disabilities and the Section 317C of the Public Health Service Act greater’’; and extent to which these conditions have con- (42 U.S.C. 247b–4) is amended— (2) in paragraph (4)(A)(ii), by inserting before tributed to the incidence and prevalence of (1) in subsection (a)(2)— the period the following: ‘‘, the amount received infant mortality and affected quality of (A) in subparagraph (A)— by the State for the previous year, or the life;’’; (i) by striking ‘‘and developmental disabil- amount of Federal appropriations received in ø(B) in paragraph (3), by inserting ‘‘, devel- ities’’ and inserting ‘‘, developmental disabil- fiscal year 2000, 2001, or 2002, whichever is opmental disabilities, and secondary health ities, and disabilities and health’’; and greater’’. conditions among individuals with disabil- (ii) by striking ‘‘subsection (d)(2)’’ and insert- (b) EFFECTIVE DATE.—The amendments made ities’’ after ‘‘defects’’; ing ‘‘subsection (c)(2)’’; by subsection (a) shall take effect on October 1, ø(C) in paragraph (4), by striking ‘‘and’’ at (B) in subparagraph (B), by striking ‘‘and’’ at 2003 and apply to allotments beginning in fiscal the end; the end; year 2004. ø(D) by redesignating paragraph (5) as (C) in subparagraph (C), by striking the pe- SEC. 4. REPORT ON SURVEILLANCE ACTIVITIES. paragraph (7); and riod and inserting a semicolon; and Not later than 18 months after the date of en- ø(E) by inserting after paragraph (4) the (D) by adding at the end the following: actment of this Act, the Secretary of Health and following: ‘‘(D) to conduct research on and to promote Human Services jointly with the Secretary of ø‘‘(5) contains information on the inci- the prevention of such defects and disabilities, Education shall submit to the Committee on dence and prevalence of individuals living and secondary health conditions among individ- Health, Education, Labor, and Pensions of the with birth defects and disabilities or devel- uals with disabilities; and Senate and the Committee on Energy and Com- opmental disabilities, information on the ‘‘(E) to support a National Spina Bifida Pro- merce and Committee on Education and the health status of individuals with disabilities, gram to prevent and reduce suffering from the Workforce of the House of Representatives a re- information on any health disparities experi- Nation’s most common permanently disabling port concerning surveillance activities under enced by such individuals, and recommenda- birth defect.’’; section 102 of the Children’s Health Act of 2000 tions for improving the health and wellness (2) by striking subsection (b); (Public Law 106–310), specifically including— and quality of life of such individuals; (3) in subsection (d)— (1) a description of the current grantees under ø‘‘(6) contains a summary of recommenda- (A) by striking paragraph (1) and inserting the National Autism and Pervasive Develop- tions from all birth defects research con- the following: mental Disabilities Surveillance Program and ferences sponsored by the Centers for Disease ‘‘(1) contains information regarding the inci- the Centers of Excellence in Autism and Perva- Control and Prevention, including con- dence and prevalence of birth defects, develop- sive Developmental Disabilities the data col- ferences related to spina bifida; and’’; mental disabilities, and the health status of in- lected, analyzed, and reported under such ø(4) in subsection (e)— dividuals with disabilities and the extent to grants, the sources of such data, and whether ø(A) by inserting ‘‘, including section 444 of which these conditions have contributed to the such data was obtained with parental consent the General Education Provisions Act,’’ after incidence and prevalence of infant mortality as required under the Family Educational ‘‘privacy of information’’; and and affected quality of life;’’; Rights and Privacy Act of 1974 (20 U.S.C. ø(B) by inserting before the period the fol- (B) in paragraph (3), by inserting ‘‘, develop- 1232g); lowing: ‘‘, except that the Centers for Dis- mental disabilities, and secondary health condi- (2) a description of current sources of data for ease Control and Prevention shall have ac- tions among individuals with disabilities’’ after the surveillance of autism and developmental cess to information under section 444(b)(1)(F) ‘‘defects’’; disabilities and the methods for obtaining such of such Act solely for purposes of carrying (C) in paragraph (4), by striking ‘‘and’’ at the data, including whether such data was obtained out subsection (a)(2) of this section and shall end; with parental or patient consent for disclosure; otherwise comply with all other require- (D) by redesignating paragraph (5) as para- (3) an analysis of research on autism and de- ments of such section 444’’; graph (7); and velopmental disabilities with respect to the ø(5) by redesignating subsections (c), (d), (E) by inserting after paragraph (4) the fol- methods of collection and reporting, including and (e) as subsections (b), (c), and (d), respec- lowing: whether such research was obtained with paren- tively; ‘‘(5) contains information on the incidence tal or patient consent for disclosure; ø(6) by inserting after subsection (d) (as so and prevalence of individuals living with birth (4) an analysis of the need to add education redesignated), the following: defects and disabilities or developmental disabil- records in the surveillance of autism and other ø‘‘(e) ADVISORY COMMITTEE.—Notwith- ities, information on the health status of indi- developmental disabilities, including the meth- standing any other provision of law, the viduals with disabilities, information on any odological and medical necessity for such members of the advisory committee ap- health disparities experienced by such individ- records and the rights of parents and patients in pointed by the Director of the National Cen- uals, and recommendations for improving the the use of education records (in accordance with ter for Environmental Health that have ex- health and wellness and quality of life of such the Family Educational Rights and Privacy Act pertise in birth defects, developmental dis- individuals; of 1974); abilities, and disabilities and health shall be ‘‘(6) contains a summary of recommendations (5) a description of the efforts taken by the transferred to and shall advise the National from all birth defects research conferences spon- Centers for Disease Control and Prevention to Center on Birth Defects and Developmental sored by the Centers for Disease Control and utilize education records in conducting the sur- Disabilities effective on the date of enact- Prevention, including conferences related to veillance program while obtaining parental or ment of the Birth Defects and Develop- spina bifida; and’’; patient consent for such education records, in- mental Disabilities Prevention Act of 2003.’’; (4) by redesignating subsections (c), (d), and cluding the outcomes of such efforts; and (e) as subsections (b), (c), and (d), respectively; (6) a description of the challenges provided to ø(7) in subsection (f), by striking (5) by inserting after subsection (d) (as so re- obtaining education records (in the absence of ‘‘$30,000,000’’ and all that follows and insert- designated), the following: parental or patient consent) for the purpose of ing ‘‘such sums as may be necessary for each ‘‘(e) ADVISORY COMMITTEE.—Notwithstanding obtaining additional surveillance data for au- of fiscal years 2003 through 2007.’’. any other provision of law, the members of the tism and other developmental disabilities; and

VerDate jul 14 2003 02:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 0637 Sfmt 6333 E:\CR\FM\A11NO6.092 S11PT1 November 11, 2003 CONGRESSIONAL RECORD — SENATE S14461 (7) a description of the manner in which such enced by such individuals, and recommenda- with parental or patient consent for disclo- challenges can be overcome, including efforts to tions for improving the health and wellness sure; educate parents, increase confidence in the pri- and quality of life of such individuals; (4) an analysis of the need to add education vacy of the surveillance program, and increase ‘‘(6) contains a summary of recommenda- records in the surveillance of autism and the rate of parental or patient consent, and in- tions from all birth defects research con- other developmental disabilities, including cluding specific quantitative and qualitative ferences sponsored by the Centers for Disease the methodological and medical necessity justifications for any recommendations for Control and Prevention, including con- for such records and the rights of parents changes to existing statutory authority, includ- ferences related to spina bifida; and’’; and patients in the use of education records ing the Family Educational Rights and Privacy (4) by redesignating subsections (c), (d), (in accordance with the Family Educational Act of 1974. and (e) as subsections (b), (c), and (d), respec- Rights and Privacy Act of 1974); Mr. FRIST. Mr. President, I ask tively; (5) a description of the efforts taken by the unanimous consent that the amend- (5) by inserting after subsection (d) (as so Centers for Disease Control and Prevention redesignated), the following: to utilize education records in conducting ment which is at the desk be agreed to; ‘‘(e) ADVISORY COMMITTEE.—Notwith- the surveillance program while obtaining pa- the committee-reported substitute, as standing any other provision of law, the rental or patient consent for such education amended, be agreed to, that the bill, as members of the advisory committee ap- records, including the outcomes of such ef- amended, be read a third time and pointed by the Director of the National Cen- forts; passed, the motion to reconsider be ter for Environmental Health that have ex- (6) a description of the challenges provided laid upon the table en bloc; and that pertise in birth defects, developmental dis- to obtaining education records (in the ab- any statements relating to the bill be abilities, and disabilities and health shall be sence of parental or patient consent) for the transferred to and shall advise the National purpose of obtaining additional surveillance printed in the RECORD. The PRESIDING OFFICER. Without Center on Birth Defects and Developmental data for autism and other developmental dis- Disabilities effective on the date of enact- abilities; and objection, it is so ordered. ment of the Birth Defects and Develop- (7) a description of the manner in which The amendment (No. 2149) was agreed mental Disabilities Prevention Act of 2003.’’; such challenges can be overcome, including to, as follows: and efforts to educate parents, increase con- AMENDMENT NO. 2149 (6) in subsection (f), by striking fidence in the privacy of the surveillance (Purpose: In the nature of a substitute) ‘‘$30,000,000’’ and all that follows and insert- program, and increase the rate of parental or Strike all after the enacting clause and in- ing ‘‘such sums as may be necessary for each patient consent, and including specific quan- sert the following: of fiscal years 2003 through 2007.’’. titative and qualitative justifications for SECTION 1. SHORT TITLE. SEC. 3. TECHNICAL CORRECTIONS FOR STATE any recommendations for changes to exist- This Act may be cited as the ‘‘Birth De- COUNCILS ON DEVELOPMENTAL ing statutory authority, including the Fam- DISABILITIES. fects and Developmental Disabilities Preven- ily Educational Rights and Privacy Act of tion Act of 2003’’. (a) IN GENERAL.—Section 122(a) of the De- 1974. velopmental Disabilities Assistance and Bill SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS The committee amendment in the of Rights Act of 2000 (42 U.S.C. 15022(a)) is AND DEVELOPMENTAL DISABIL- nature of a substitute, as amended, was amended— ITIES. agreed to. Section 317C of the Public Health Service (1) in paragraph (3)(A)(ii), by inserting be- fore the period the following: ‘‘, the amount The bill was ordered to be engrossed Act (42 U.S.C. 247b–4) is amended— for a third reading and was read the (1) in subsection (a)(2)— received by the State for the previous year, (A) in subparagraph (A)— or the amount of Federal appropriations re- third time. (i) by striking ‘‘and developmental disabil- ceived in fiscal year 2000, 2001, or 2002, which- The bill (S. 286), as amended, was ities’’ and inserting ‘‘, developmental dis- ever is greater’’; and passed. abilities, and disabilities and health’’; and (2) in paragraph (4)(A)(ii), by inserting be- f (ii) by striking ‘‘subsection (d)(2)’’ and in- fore the period the following: ‘‘, the amount serting ‘‘subsection (c)(2)’’; received by the State for the previous year, HONORING FIREFIGHTERS AND (B) in subparagraph (B), by striking ‘‘and’’ or the amount of Federal appropriations re- OTHER PUBLIC SERVANTS at the end; ceived in fiscal year 2000, 2001, or 2002, which- Mr. FRIST. Mr. President, I ask (C) in subparagraph (C), by striking the pe- ever is greater’’. (b) EFFECTIVE DATE.—The amendments unanimous consent that the Senate riod and inserting a semicolon; and proceed to the immediate consider- (D) by adding at the end the following: made by subsection (a) shall take effect on ‘‘(D) to conduct research on and to pro- October 1, 2003 and apply to allotments be- ation of S. Res. 265, which was intro- mote the prevention of such defects and dis- ginning in fiscal year 2004. duced earlier today by Senator BOXER. abilities, and secondary health conditions SEC. 4. REPORT ON SURVEILLANCE ACTIVITIES. The PRESIDING OFFICER. The among individuals with disabilities; and Not later than 18 months after the date of clerk will report the resolution by ‘‘(E) to support a National Spina Bifida enactment of this Act, the Secretary of title. Program to prevent and reduce suffering Health and Human Services jointly with the The assistant legislative clerk read from the Nation’s most common perma- Secretary of Education shall submit to the as follows: nently disabling birth defect.’’; Committee on Health, Education, Labor, and A resolution (S. Res. 265) recognizing and (2) by striking subsection (b); Pensions of the Senate and the Committee honoring firefighters and other public serv- (3) in subsection (d)— on Energy and Commerce and Committee on ants who responded to the devastating out- (A) by striking paragraph (1) and inserting Education and the Workforce of the House of break of wildfires in Southern California in the following: Representatives a report concerning surveil- October 2003. ‘‘(1) contains information regarding the in- lance activities under section 102 of the Chil- cidence and prevalence of birth defects, de- dren’s Health Act of 2000 (Public Law 106- There being no objection, the Senate velopmental disabilities, and the health sta- 310), specifically including— proceeded to consider the resolution. tus of individuals with disabilities and the (1) a description of the current grantees Mr. FRIST. Mr. President, I further extent to which these conditions have con- under the National Autism and Pervasive ask unanimous consent that the reso- tributed to the incidence and prevalence of Developmental Disabilities Surveillance Pro- lution be agreed to, the preamble be infant mortality and affected quality of gram and the Centers of Excellence in Au- agreed to, the motion to reconsider be life;’’; tism and Pervasive Developmental Disabil- laid upon the table without any inter- (B) in paragraph (3), by inserting ‘‘, devel- ities the data collected, analyzed, and re- opmental disabilities, and secondary health ported under such grants, the sources of such vening action or debate, and that any conditions among individuals with disabil- data, and whether such data was obtained statements related to this matter be ities’’ after ‘‘defects’’; with parental consent as required under the printed in the RECORD. (C) in paragraph (4), by striking ‘‘and’’ at Family Educational Rights and Privacy Act The PRESIDING OFFICER. Without the end; of 1974 (20 U.S.C. 1232g); objection, it is so ordered. (D) by redesignating paragraph (5) as para- (2) a description of current sources of data The resolution (S. Res. 265) was graph (7); and for the surveillance of autism and develop- agreed to. (E) by inserting after paragraph (4) the fol- mental disabilities and the methods for ob- The preamble was agreed to. lowing: taining such data, including whether such The resolution, with its preamble, ‘‘(5) contains information on the incidence data was obtained with parental or patient and prevalence of individuals living with consent for disclosure; reads as follows: birth defects and disabilities or develop- (3) an analysis of research on autism and S. RES. 265 mental disabilities, information on the developmental disabilities with respect to Whereas in late October 2003, southern health status of individuals with disabilities, the methods of collection and reporting, in- California experienced multiple simulta- information on any health disparities experi- cluding whether such research was obtained neous devastating wildfires that destroyed

VerDate jul 14 2003 02:40 Nov 12, 2003 Jkt 029060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\CR\FM\A11NO6.092 S11PT1 S14462 CONGRESSIONAL RECORD — SENATE November 11, 2003 thousands of homes, took many lives, and charged from further consideration of PROGRAM burned hundreds of thousands of acres of H.R. 3054 and the Senate proceed to its grasslands and forests, exceeding the devas- Mr. FRIST. Tomorrow morning, the immediate consideration. Senate will begin consideration of the tation of any fires in the past century; The PRESIDING OFFICER. The Whereas in the space of a few days, all of VA–HUD appropriations bill. This will the resources of local firefighting companies clerk will report the bill by title. be the last of the appropriations bills were called on to man fire lines, first on 1 The legislative clerk read as follows: brought individually to the floor. We front and then on many fronts; A bill (H.R. 3054) to amend the Policemen expect to have amendments offered in Whereas firefighters were thrown into ex- and Firemen’s Retirement and Disability the morning and therefore rollcall traordinarily dangerous situations because Act to permit military service previously votes are anticipated tomorrow morn- of the fast-moving, fuel- and wind-driven performed by members and former members fires; of the Metropolitan Police Department of ing. It is my hope that we can finish Whereas firefighters exhibited resilience the District of Columbia, the Fire Depart- that bill during Wednesday’s session. and courage by continuing to stay on the ment of the District of Columbia, the United As previously announced, the Senate lines, often in back-to-back shifts, while States Park Police, and the United States will recess from 12:30 to 2:15 for the knowing, in some instances, that their own Secret Service to count as creditable service Democratic Party luncheon. Following families were in danger or that their per- for purposes of calculating retirement annu- that recess, there will be 20 minutes re- sonal homes had been lost; ities payable to such members upon payment maining for debate before the vote on Whereas 1 firefighter, Steven Rucker, of a contribution by such members, and for adoption of the Department of Defense made the ultimate sacrifice by giving his other purposes. life; authorization conference report. Imme- There being no objection, the Senate diately following that vote, the Senate Whereas the firefighters who were called proceeded to consider the bill. initially were later assisted by skilled and will vote on the adoption of the Mili- courageous pilots, who flew water-drop Mr. FRIST. I ask unanimous consent tary Construction appropriations con- flights in the most challenging wind and that the bill be read the third time and ference report. smoke conditions, and by firefighters from passed, the motion to reconsider be Tomorrow evening it is my intent to throughout the State of California and laid upon the table, and any state- focus the Senate’s attention on several neighboring States; ments be printed in the RECORD. judicial nominations. This debate will Whereas additional emergency personnel, The PRESIDING OFFICER. Without including law enforcement and medical per- go forward. I do encourage all Members objection, it is so ordered. to participate. This will be an oppor- sonnel, have coordinated with local authori- The bill (H.R. 3054) was read the third ties and firefighters and have performed be- tunity for all Members to express yond the call of duty in the preservation and time and passed. themselves with respect to these high- protection of human lives; and ly qualified nominees. I hope that if Whereas members of the Armed Forces f Senators have reservations on any of have once again met their country’s call to these judicial nominations they would duty, providing valuable firefighting assets ORDERS FOR WEDNESDAY, be present for this important debate. and assistance to the emergency response ef- NOVEMBER 12, 2003 forts of California: Now, therefore, be it I have stated repeatedly on the floor Resolved, That the Senate— Mr. FRIST. Mr. President, I ask that we need to give these nominations (1) recognizes and honors all of the fire- unanimous consent that when the Sen- a very straightforward up-or-down fighters who responded to the devastating ate completes its business today, it ad- vote. I will have more to say on the outbreak of wildfires in southern California journ until 9:30 a.m., Wednesday, No- plans for tomorrow night tomorrow but in October 2003; vember 12. I further ask that following I do want to announce that this impor- (2) recognizes and honors all others, includ- the prayer and pledge, the morning tant debate will begin tomorrow ing emergency, law enforcement, and med- hour be deemed expired, the Journal of evening. ical personnel, pilots, and members of the Armed Forces, for their important contribu- proceedings be approved to date, the f tions to controlling the wildfires and keep- time for the two leaders be reserved for ing Californians safe; and their use later in the day, and the Sen- (3) commends the firefighters and other ate then resume consideration of the ADJOURNMENT UNTIL 9:30 A.M. personnel for dedicated service to the people VA–HUD appropriations bill, as under TOMORROW of California. the previous order. Mr. FRIST. Mr. President, if there is f I further ask consent that the senior no further business to come before the Senator from West Virginia be recog- Senate, I ask unanimous consent that DISTRICT OF COLUMBIA MILITARY nized at noon for up to 30 minutes; pro- the Senate stand in adjournment under RETIREMENT EQUITY ACT OF 2003 vided further that the majority leader the previous order. Mr. FRIST. Mr. President, I ask be recognized at 6 p.m. Thereupon, the Senate, at 9:03 p.m., unanimous consent that the Com- The PRESIDING OFFICER. Without adjourned until Wednesday, November mittee on Governmental Affairs be dis- objection, it is so ordered. 12, 2003, at 9:30 a.m.

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HIGHLIGHTS Senate passed H.R. 1828, Syria Accountability and Lebanese Sovereignty Restoration Act. Senate Recognizing Southern California Firefighters: Chamber Action Senate agreed to S. Res. 265, recognizing and hon- Routine Proceedings, pages S14379–S14462 oring the firefighters and other public servants who Measures Introduced: Five bills and two resolu- responded to the devastating outbreak of wildfires in tions were introduced, as follows: S. 1845–1849, and southern California in October 2003. S. Res. 264–265. Page S14451 Pages S14456, S14461–62 Measures Reported: District of Columbia Military Retirement Eq- S. 1824, to amend the Foreign Assistance Act of uity Act: Committee on Governmental Affairs was 1961 to reauthorize the Overseas Private Investment discharged from further consideration of H.R. 3054, Corporation. (S. Rept. No. 108–194). to amend the Policemen and Firemen’s Retirement S. 950, to allow travel between the United States and Disability Act to permit military service pre- viously performed by members and former members and Cuba, with an amendment. Page S14451 of the Metropolitan Police Department of the Dis- Measures Passed: trict of Columbia, the Fire Department of the Dis- Syria Accountability and Lebanese Sovereignty trict of Columbia, the United States Park Police, and Restoration Act: By 89 yeas to 4 nays (Vote No. the United States Secret Service to count as cred- 445), Senate passed H.R. 1828, to halt Syrian sup- itable service for purposes of calculating retirement port for terrorism, end its occupation of Lebanon, annuities payable to such members upon payment of stop its development of weapons of mass destruction, a contribution by such members, and the bill was cease its illegal importation of Iraqi oil and illegal then passed, clearing the measure for the President. shipments of weapons and other military items to Page S14462 Iraq, and by so doing hold Syria accountable for the VA–HUD Appropriations Act: Senate agreed to serious international security problems it has caused the motion to proceed to consideration of H.R. in the Middle East, after agreeing to the following 2861, making appropriations for the Departments of amendment proposed thereto: Pages S14403–17 Veterans Affairs and Housing and Urban Develop- Lugar/Boxer/Santorum Amendment No. 2148, to ment, and for sundry independent agencies, boards, make technical and other corrections. Page S14407 commissions, corporations, and offices for the fiscal Veterans Day, 2003: Senate agreed to S. Res. year ending September 30, 2004, and then began 264, expressing the sense of the Senate regarding consideration of the bill. Page S14458 Veterans Day 2003. Pages S14458–59 A unanimous-consent agreement was reached pro- viding for further consideration of the bill at 9:30 Birth Defects and Developmental Disabilities a.m., on Wednesday, November 12, 2003. Prevention Act: Senate passed S. 286, to revise and Page S14462 extend the Birth Defects Prevention Act of 1998, after agreeing to the committee amendment in the National Defense Authorization Act—Con- nature of a substitute, and the following amendment ference Report: Senate began consideration of the conference report on H.R. 1588, to authorize appro- proposed thereto: Pages S14459–61 Frist (for Bond) Amendment No. 2149, in the na- priations for fiscal year 2004 for military activities of the Department of Defense, for military construc- ture of a substitute. Page S14461 tion, and for defense activities of the Department of D1262

VerDate jul 14 2003 04:22 Nov 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11NO3.REC D11NO3 November 11, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1263 Energy, and to prescribe personnel strengths for such Measures Returned to the Calendar (pursuant to fiscal year for the Armed Forces. Pages S14417–41 the motion to proceed to H.R. 2861 being Prior to this action, by 87 yeas to 1 nay (Vote agreed to): Page S14458 No. 446), Senate agreed to the motion to proceed to Additional Cosponsors: Pages S14451–52 consideration of the conference report. Page S14417 A unanimous-consent agreement was reached pro- Statements on Introduced Bills/Resolutions: viding for further consideration of the conference re- Pages S14452–56 port at 2:15 p.m., on Wednesday, November 12, Additional Statements: Pages S14450–51 2003, with 20 minutes of debate prior to a vote on Privilege of the Floor: Page S14458 adoption of the conference report. Page S14458 Military Construction Appropriations—Con- Record Votes: Two record votes were taken today. ference Report: A unanimous-consent agreement (Total—446) Pages S14416, S14417 was reached providing that following the vote on Adjournment: Senate met at 10:46 a.m., and ad- adoption of the conference report on H.R. 1588, Na- journed at 9:03 p.m., until 9:30 a.m., on Wednes- tional Defense Authorization Act (listed above), on day, November 12, 2003. (For Senate’s program, see Wednesday, November 12, 2003, Senate will then the remarks of the Majority Leader in today’s Record vote on adoption of the conference report on H.R. on page S14462.) 2559, making appropriations for military construc- tion, family housing, and base realignment and clo- sure for the Department of Defense for the fiscal year Committee Meetings ending September 30, 2004. Page S14458 No committee meetings were held. h House of Representatives Committee on Environment and Public Works: business Chamber Action meeting to consider S. 1072, to authorize funds for Fed- The House was not in session today. It will meet eral-aid highways, highway safety programs, and transit at 2 p.m. Wednesday, November 12 in pro forma programs, and the nomination of Rixio Enrique Medina, session. of Oklahoma, to be a Member of the Chemical Safety and Hazard Investigation Board, 9:30 a.m., SD–406. Committee on Governmental Affairs: to hold hearings to Committee Meetings examine the nomination of Scott J. Bloch, of Kansas, to No committee meetings were held. be Special Counsel, Office of Special Counsel; to be im- f mediately followed by a hearing on S. 1358, to amend chapter 23 of title 5, United States Code, to clarify the COMMITTEE MEETINGS FOR WEDNESDAY, disclosure of information protected from prohibited per- NOVEMBER 12, 2003 sonnel practices, require a statement in non-disclosure (Committee meetings are open unless otherwise indicated) policies, forms, and agreements that such policies, forms, and agreements conform with certain disclosure protec- Senate tions, provide certain authority for the Special Counsel, 2 Committee on Armed Services: to hold a closed briefing to p.m., SD–342. examine ongoing military operations and areas of key Committee on the Judiciary: to hold hearings to examine concern around the world, 4 p.m., SR–222. judicial and executive nominations, 10 a.m., SD–226. Committee on Banking, Housing, and Urban Affairs: Sub- House committee on Securities and Investment, to hold hearings to examine the Financial Accounting Standards Board and No committee meetings are scheduled. small business growth, 2 p.m., SD–538. Joint Meetings Committee on Commerce, Science, and Transportation: busi- ness meeting to consider pending Calendar business, time Conference: meeting of conferees on H.R. 2989, making to be announced, S–216, Capitol. appropriations for the Departments of Transportation and Full Committee, to hold hearings to examine state use Treasury, and independent agencies for the fiscal year of tobacco settlement funds, 9:30 a.m., SR–253. ending September 30, 2004, 5 p.m., HC–5, Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, November 12 2 p.m., Wednesday, November 12

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: The House will meet in pro ation of H.R. 2861, VA–HUD Appropriations Act. At forma session. 12 noon, Senator Byrd will be recognized. At 2:15 p.m., Senate will continue consideration of the conference re- port on H.R. 1588, National Defense Authorization Act, with 20 minutes of debate prior to a vote on adoption of the conference report; followed by a vote on the adop- tion of the conference report on H.R. 2559, Military Construction Appropriations Act. At 6 p.m., the Majority Leader will be recognized. (Senate will recess from 12:30 p.m. until 2:15 p.m. for the Democratic party conferences.)

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