Congressional Record—Senate S10007
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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 Alaska 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 ‘‘Tundra 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 veterans. 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 Japan 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 Kiska in with absolutely no prior warning, no ward eligibility for retirement pay that the Aleutian Chain. Enemy submarines 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 Washington. 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 United States, 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.