October 1, 2009 CONGRESSIONAL RECORD — SENATE S10007 Lastly, if we are trying to make health benefits and then abruptly reversed to make. I ask unanimous consent that care more affordable, how do you leave out that position with immediate effect. I have 5 minutes to conclude these re- tort reform? After all, litigation and the re- As Lieutenant Colonel McNorton ex- marks, if that is acceptable. sulting practice of defensive medicine add plained in a story carried by the Asso- The ACTING PRESIDENT pro tem- tens of billions to the cost of health care. In Mississippi we passed comprehensive tort re- ciated Press, section 8147 applies to pore. Without objection, it is so or- form in 2004, partially to stop lawsuit abuse military benefits, including health ben- dered. in the area of medical liability. It worked. efits, but it does not make members of Ms. MURKOWSKI. Madam President, Medical liability insurance costs are down 42 the Territorial Guard eligible for re- I also wish to recognize my friend and percent, and doctors have received an aver- tirement pay. colleague, Senator MCCAIN, who was age rebate of 20 percent of their annual paid I must emphasize, at this point, that there at the end to help us with this premium. The number of medical liability no Territorial guardsman issue. lawsuits against Mississippi doctors fell al- claimed a military pension solely be- The people of Alaska thank our col- most 90 percent one year after tort reform cause of his service in the Territorial went into effect. Doctors have quit leaving leagues, Senator INOUYE, Senator the state and limiting their practices to Guard. The Alaska Territorial Guard MCCAIN, and so many others for the avoid lawsuit abuse. was created in 1942 and disbanded in consideration that was given these With all the issues concerning a govern- 1947. Many members of the ‘‘ Alaska Territorial guardsmen. Last ment-run health care system, I wanted to Army,’’ as some called it, continued to Friday, we were disappointed to learn warn you of the state tax increases Mis- serve in the Alaska National Guard and that some in the administration might sissippi will shoulder on top of the federal other units of the military. That serv- not share our enthusiasm for putting tax increases in the pending bills as well as ice, combined with service in the Terri- this matter to bed and restoring the re- my concern for the increased costs our sen- torial Guard, forms the basis for the ior citizens will face as Medicare Advantage tirement benefits for the 26 elderly is cut. Congress must slow down and work in claim. Alaska Native . a bipartisan manner. Everybody agrees that I have come to learn that when you The statement of administration po- health reform is needed, but it should be use the term ‘‘Cruella’’ on the Senate sition on the Defense appropriations done thoughtfully. I hope you’ll keep this floor, people sit up and take notice. My bill contains two sentences that read important information in mind when pro- remarks were telegraphed across the as follows: posals that shift costs to states—or to our blogosphere and national media out- The administration objects to a new Gen- senior citizens—are considered. lets. The response that came from eral Provision that would count as ‘‘active Sincerely, across the country to the plight of the duty’’ service the time the Alaska Terri- HALEY BARBOUR, torial Guard members served during World Governor. 26 elderly Alaskans was truly heart- warming. Across the ideological spec- War II. This provision would establish a The ACTING PRESIDENT pro tem- trum, the response from the American precedent of treating service performed by a pore. The Senator from Alaska. people was outrage over this situation. State employee as active duty for purposes of the computation of retired pay. f The high level of national interest in The notion that restoring these bene- ALASKA TERRITORIAL GUARD the plight of these Alaska Territorial Guard members was not lost on the fits establishes a precedent of treating Ms. MURKOWSKI. Madam President, senior leaders of the Army. The Sec- service performed by a State employee on January 22 of this year, I came to retary of the Army rose to the occa- as active-duty service defies logic and the floor to inform our colleagues in sion. He reached into his emergency it defies history. Not only is it incon- the Senate about a decision by the De- and extraordinary expense fund—the sistent with the letter of Congress’s partment of Defense that service in the triple E fund—to continue the pay- finding in section 8147 of the 2001 De- Alaska Territorial Guard during World ments to those elders for 60 days, in fense Appropriations Act that the serv- War II would not be regarded as Active- the hope that Congress would have an ice was indeed Federal service, it is in- Duty service for purposes of military opportunity to address the issue by consistent with the facts, and I believe retirement. That decision reversed the then. it is inconsistent with the law. position that had previously been My colleague, Senator BEGICH, and I When our Lieutenant Governor—re- taken by the Army that this service promptly introduced legislation to cor- tired LTG Craig Campbell—heard this, did count toward military retirement. rect that situation, but the legislation he remarked: As a consequence, 26 elderly Alas- was not considered before the 60 days The administration doesn’t understand kans, descendants of the aboriginal of temporary payments ran out. The what the territorial guard is. This was an people who originally inhabited Alas- Alaska Legislature stepped up to fill initiative of the Federal Government. They ka, 26 Native people, predominantly the gap, and they enacted legislation provided a federal service. Eskimo, were about to see a substan- to continue the payments from State General Campbell recently retired as tial reduction in their military pen- funds until February of 2010 in order to, Adjutant General of the Alaska Na- sions, this all happening in the dead of again, give Congress the time to fix the tional Guard, and he is absolutely cor- an Alaska winter when we were paying problem. rect on this. extraordinarily high fuel prices. With the support of our colleagues— The Alaska Territorial Guard was At that time when I came to the and I especially appreciate the leader- created back in 1942 to protect Alaska floor, I wondered out loud what kind of ship and support from Senator LEVIN, from invasion by the Japanese. The no- government, what kind of ‘‘Cruella’’ my colleague and friend Senator tion that had an interest in would cut the pensions of 26 elderly INOUYE, and Senator COCHRAN—lan- Alaska was far from speculative, as we people who stood up to defend Alaska guage to clarify that service in the know. The Japanese bombed Dutch and our Nation during World War II Alaska Territorial Guard counts to- Harbor and landed in Attu and in with absolutely no prior warning, no ward eligibility for retirement pay that the Aleutian Chain. Enemy advanced notice? The answer was our was included in that 2010 Defense au- lurked in the Bering Sea. government, on advice of the lawyers. thorization bill—— The ATG was organized by U.S. Army In the Defense Appropriations Act for The ACTING PRESIDENT pro tem- MAJ Marvin Marston under the leader- fiscal year 2001, Congress recognized pore. The Senator’s time has expired. ship of a territorial Governor who re- service in the Alaska Territorial Guard Ms. MURKOWSKI. Madam President, ported to . These were as Active-Duty service. Section 8147 re- it was my understanding that I was to Uncle Sam’s men. All who served were quired the Secretary of Defense to have 15 minutes under this time agree- volunteers. They were not State em- issue discharge certificates to each ment; is that correct? ployees. It was organized in the name member of the Alaska Territorial The ACTING PRESIDENT pro tem- of the President of the , Guard under honorable conditions if pore. The Chair is aware of no such and it was armed by the U.S. Army. the Secretary determined the nature agreement, and the time for the Repub- The operations of the units were in- and duration of the service of the indi- lican side has expired. spected by the U.S. Army, and the unit vidual so warrants. The military first Ms. MURKOWSKI. Madam President, was disbanded in 1947 by order of the concluded that included retirement I do have additional comments I wish U.S. Army. The unit was well known

VerDate Nov 24 2008 00:35 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.010 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10008 CONGRESSIONAL RECORD — SENATE October 1, 2009 for its skill in protecting Alaska. These Mr. BEGICH. Madam President, I ask the contributions of Alaskan Natives gentlemen were Native hunters and unanimous consent to speak as in during World War II were recognized. fishermen, but they knew the land bet- morning business for up to 7 minutes. Then in January of this year, abrupt- ter than any soldier that the army The ACTING PRESIDENT pro tem- ly and without warning, the Defense might have sent up from the lower 48. pore. Is there objection? Finance and Accounting Service They kept watch over 5,000 miles of Hearing no objection, it is so ordered. stopped issuing pensions to these 26 coastline for enemy vessels and sub- Mr. BEGICH. Madam President, I rise guardsmen. This was based on the find- marines, shooting down Japanese bal- today to seek the continued support of ing that their service was not Federal loon bombs, protecting the Lend-Lease my colleagues for recognition of a and, therefore, the payments were not Route between Alaska and and group of patriotic heroes who defended legal. Thankfully, former Army Sec- recovering downed airmen. These were our Nation and Alaska from our en- retary Pete Geren issued temporary the core missions of the territorial emies in World War II. payments to ease the economic hard- guard. In 1935, famed Army GEN Billy ship experienced by these heroes while It is very disappointing that 62 years Mitchell told Congress: we worked on a more permanent solu- after the Alaska Territorial Guard was I believe that in the future, whoever holds tion. disbanded the value of their service to Alaska will hold the world. I think it is the To its credit, the Alaska legislature our Nation and to our success in World most important strategic place in the world. stepped up where the Federal govern- War II has been drawn into question. General Mitchell was right. Less ment fell short. The State is paying When I came to the floor on January than a decade later, Alaska became the their pensions until Congress can pro- 22 of this year, I gave the Defense De- first American soil occupied by a for- vide a permanent legislative solution partment the benefit of the doubt. I be- eign enemy since the Revolutionary or until February 2010, whichever lieve, as did General Campbell and his War. To counter Japanese aggression comes first. I cannot imagine another staff judge advocate, that the 2000 leg- against the during situation where Congress would stand islation entitled members of the ATG World War II, a group of Alaskan Na- by and let veterans’ entitlements be re- to all the military benefits merited by tives voluntarily formed the Alaska voked and their sacrifices go unrecog- their service. The military at one time Territorial Guard. These brave men en- nized. held that position, but then on January gaged in direct combat, as described by Luckily, my Senate colleagues also 22, they didn’t. I called upon the De- my colleague from Alaska, Senator recognized this injustice. I thank my partment of Defense to work with me, MURKOWSKI, with the enemy in pro- colleague, Senator MURKOWSKI, who in- to work with Senator BEGICH, to make tecting all of Alaska. They shot down troduced S. 342, a bill to provide for the things right. The Alaska congressional Japanese air balloons, conducted scout- treatment of service as a member of delegation wrote to the President to ing patrols, carried out rescue missions the Alaska Territorial Guard during enlist his personal support for this ef- of downed airmen, and built military World War II as active service for pur- fort. airstrips and rescue shelters. poses of retired pay to restore pen- Nine years now have passed since They played a key role in logistics sions. I am a proud cosponsor of this Congress determined that service in support for the U.S. military stationed legislation. the Alaska Territorial Guard during in Alaska by delivering food, ammuni- Working together with the leader of World War II was Federal service. Nine tion, and other equipment to the the Armed Services Committee, Sen- years have passed since the Secretary forces. Their actions were vital to suc- ator LEVIN, and the ranking member, of Defense ordered that these brave cessful U.S. military efforts, pre- Senator MCCAIN, we were able to se- members of the tundra army who re- venting our enemies from securing a cure similar legislation to restore main alive are entitled to discharge strategic location during the war. those pensions in an amendment to the certificates from the U.S. Army; 9 As you can see by these photos sur- National Defense Authorization Act for years since they were granted full Fed- rounding me, the Alaska Territorial the year 2010, supported unanimously eral veterans benefits. I would suggest Guard was a unique group. They were by the Senate. Most recently, the Sen- it is 9 years too late for the Defense mostly subsistence hunters and fisher- ate Appropriations Committee in- Department to reopen the question of men—the main breadwinners in their cluded the same provision in the De- whether service in the ATG was Fed- families—living in some of the most re- fense Appropriations Act for fiscal year eral service. The Congress has an- mote villages in the entire country. 2010. swered this question with finality. Receiving no pay or recognition for However, I was extremely dis- I mentioned that many Americans their service, the territorial guard mis- appointed to learn in the statement of have registered their opinions on the sion was driven by a single value: pa- administration policy for fiscal year Internet over the administration’s po- triotism. 2010 Defense Appropriations bill that sition on territorial guard retirement Many of these members continued the national administration has voiced benefits. Many think it is cruel to con- their service for years in the U.S. mili- objection to the provision that would tinue to deny these benefits. And many tary after the Alaska Territorial Guard count Alaska Territorial Guard service believe the administration’s position was disbanded in 1947. Unfortunately, as active-duty time for retirement pur- denigrates the service of the Alaska the contributions of the Alaska Terri- poses. I remind my colleagues that the Territorial Guard. Some have sug- torial Guard during World War II went Alaska Territorial Guard members gested the men who served deserve an unrecognized for half a century. In were not State employees. They were apology. But one perceptive individual 2000, Congress finally acknowledged patriotic Alaska Natives answering the suggested, I doubt that President our Nation’s debt to these brave men call of duty from their country. Obama actually made this decision or by qualifying their time spent in the Allowing their service in the Alaska even knows about it. Alaska Territorial Guard as Federal Territorial Guard to count as Federal So once again, I ask that President service. service cannot set a precedent because Obama personally support us in our Congress also directed the Secretary there is no other group like them in quest to obtain justice for a few elderly of the Army to issue discharge certifi- this country. They served the United Alaska Natives who once served our cates to all those who served in the ter- States in a time of war by defending an Nation with patriotism, with pride, and ritorial guard. These discharge certifi- American territory from the enemy. with distinction. cates entitled ATG members to vet- They engaged in combat. And they did President Obama, show some heart, erans’ benefits and was interpreted by this because they felt the same sense of do the right thing, and support our ef- the Department of Defense to count as patriotism during World War II that forts to restore military retirement service in the Alaska Territorial Guard every active member of the Army and benefits for these 26 individuals. toward retirement credit. Twenty-six Air Force and every other military With that, Madam President, I yield former members of the Alaska Terri- branch did. the floor. torial Guard finally began receiving a These brave Alaskans are now in The ACTING PRESIDENT pro tem- well-earned pension from the govern- their 70s and 80s. Just this past Mon- pore. The Senator from Alaska. ment. At long last, the sacrifice and day, one of them—Nicholai E. Nicholai

VerDate Nov 24 2008 00:35 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.018 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10009 of Kwethluk—passed away before he agreement shortly, and I thank the with him. But it is very difficult for could see this issue resolved. I ask my chairman for his courtesy. members of the Armed Services Com- colleagues for their continued support We are discussing now two amend- mittee and Members of the Senate to to ensure that the now 25 Alaskan Na- ments, as I understand it, and both of work with him if we are not informed tives who defended this Nation receive them call for testimony before Con- by the uniformed commanders in the their earned pension by supporting the gress on meeting the United States ob- field. Admiral Mullen, the Chairman of provisions in the National Defense Au- jectives on Afghanistan and Pakistan. the Joint Chiefs of Staff, emphasized in thorization Act and Defense Appropria- Many of us have been very concerned testimony before the Senate Armed tions Act for fiscal year 2010. about the fact that we have not heard Services Committee, time is not on our I also join my colleague Senator from General McChrystal and General side. There are already somewhere be- MURKOWSKI in asking the administra- Petraeus on this issue of our strategic tween 62,000 and 68,000 American troops tion to reexamine their objection to re- policy in Afghanistan, and of course in the field in danger. Tragically, cas- storing the retirement payments and most importantly the disposition or ualties have gone up. We have a respon- honoring our World War II veterans. dispatch, I might say, of American sibility also. We have a responsibility Our time is running short to correct troops, and increasing American troops to hear from our commanders in the this injustice and restore these modest to Afghanistan to implement the strat- field. payments. The Federal Government egy that, according to Admiral Mullen, Let me point out, General turned its back on these men at the the Chairman of the Joint Chiefs of McChrystal was on ‘‘60 Minutes’’ talk- end of the war. I hope Congress and my Staff, was agreed upon last March. ing about what we needed to do in Af- colleagues in the Senate won’t let that I must say, without mentioning any ghanistan. General McChrystal gave a happen. classified information, the briefing speech in London just yesterday talk- I yield the remainder of my time. that I attended yesterday with General ing about what we needed to do. So it f Jones doesn’t seem to corroborate that is OK with the administration for Gen- statement by Admiral Mullen. But the eral McChrystal to go on ‘‘60 Minutes.’’ CONCLUSION OF MORNING point is we need to hear from the archi- It is OK for him to give a speech at the BUSINESS tects and the commanders. Institute for Strategic Studies in Lon- The ACTING PRESIDENT pro tem- If the President does not want to don. But the administration does not pore. Morning business is closed. talk to the commander in the field, want General McChrystal and General f General McChrystal very often—in Petreaus before the Senate Armed fact, it was reported in a ‘‘60 Minutes’’ Services Committee. How does that DEPARTMENT OF DEFENSE interview that he gave he said he had work? APPROPRIATIONS ACT, 2010 spoken to the President once in 70 I hope my colleagues will vote for my The ACTING PRESIDENT pro tem- days, although the President talks to amendment, which calls for the same, pore. Under the previous order, the labor leaders almost on a daily basis basically, testimony by the commander Senate will resume consideration of pushing his health care agenda—the of the United States Central Command, H.R. 3326, which the clerk will report. fact is we as Members of Congress, a commander of the United States Euro- The bill clerk read as follows: coequal branch of government, also pean Command, and Supreme Allied A bill (H.R. 3326) making appropriations have a responsibility in this decision- Commander—Europe, Commander of for the Department of Defense for fiscal year making process. the United States Forces—Afghani- ending September 30, 2010, and for other pur- I respect the President’s role as Com- stan, and of course we would like to poses. mander in Chief. I respect the Presi- hear from the United States Ambas- Pending: dent of the United States making a de- sador to Afghanistan, Ambassador McCain amendment No. 2575, to provide for cision. But I also cherish the role of Eikenberry. testimony before Congress on the additional the Senate and House of Representa- This is pretty clear. This is a very forces and resources required to meet United tives in being informed as to the views clear decision we have to make. We are States objectives with respect to Afghani- of our military commanders in whom asking that within a month and a half stan and Pakistan. we place the responsibility for the lives from now these individuals appear be- The ACTING PRESIDENT pro tem- of our young men and women who are fore the respective committees and tes- pore. The Senator from Michigan. in harm’s way. tify as to what they believe the best Mr. LEVIN. Madam President, I be- All we are seeking with this amend- strategy is to be employed in order to lieve that the McCain amendment is ment is a date certain, not imme- achieve victory. Why should not the the pending amendment. We will be of- diately—the date for this requirement Senate and the Congress and the people fering or suggesting that a unanimous of testimony by General McChrystal, of the United States hear, directly in consent agreement be entered into General Petreaus, General Stavridis testimony before the Congress, what where an amendment of mine could be and perhaps others if necessary—by they believe is the best way to ensure voted upon side by side with the November 15. That is a month and a victory in Afghanistan? amendment, with the vote on mine oc- half from now. Should not we hear a I understand the debate that is going curring first, under the traditions of month and a half from now, within a on within the White House and the de- the Senate. We are trying to see if we month and a half, as to what we are liberations that the President is under- can enter into a time agreement. considering? I hope the decision would taking as he considers the most heavy I believe our staff is working on a be made clear. responsibility that any President has, unanimous consent agreement that Admiral Mullen, Chairman of the and that is to send our young men and would allow for that to happen pending Joint Chiefs, in testimony said: women into harm’s way. I have some the offering and acceptance of that, The President has given us a clear mission: sympathy. But I would point out there hopefully. disrupt, dismantle and defeat al Qaida . . . are already close to 68,000 young Amer- I yield the floor. But the President, in March, said of icans there, and casualties are going The ACTING PRESIDENT pro tem- the situation—the President of the up. pore. The Senator from Arizona. United States said the situation there According to Admiral Mullen, ac- Mr. MCCAIN. Madam President, may was ‘‘increasingly perilous and that the cording to every expert, the situation I say through the Chair to my friend, future of this troubled nation is inex- is deteriorating in Afghanistan, so this the distinguished chairman, I under- tricably linked to the future of its should not and must not be a leisurely stand there will be side-by-side amend- neighbor Pakistan.’’ He also called it a exercise. Decisions have to be made ments. I would be glad to enter into a ‘‘war of necessity,’’ and declared and we—I speak for myself and I am time agreement that is agreeable to ‘‘America must no longer deny re- sure all of my colleagues—we want to the chairman, and not an extended sources to Afghanistan.’’ be part of that decisionmaking. We do length of time—it is not a complicated Obviously I agree with him. Time not want to make that decision be- issue—and then votes on both side-by- after time I have made my commit- cause that is the responsibility of the sides. I hope we could announce that ment of willingness and desire to work President of the United States, but it

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