S7030 CONGRESSIONAL RECORD — SENATE June 18, 2004 He pledged that Iraq would serve as just by Americans or by an occupying NATIONAL DEFENSE AUTHORIZA- an example of peace and of freedom— force, will make a huge difference on TION ACT FOR FISCAL YEAR 2005 for Iraq, yes, but even more, or equally the world stage. It is for the Iraqi peo- The PRESIDENT pro tempore. Under important, I should say, as an example ple, it is by the Iraqi people, and it is the previous order, the Senate will re- for the entire region. up to the Iraqi people at this point. sume consideration of S. 2400, which The Iraqi people look forward to No nation wants to rely on another the clerk will report. holding democratic elections and to for its security. The President of Iraq The legislative clerk read as follows: governing themselves, he told us. But expressed that. The Iraqi people want A bill (S. 2400) to authorize appropriations he was quick to say the Iraqi people to stand on their own strength. But for fiscal year 2005 for military activities for must have that security in order to re- they need help through this transition the Department of Defense, for military con- build their lives. period. He also made it clear that to struction, and for defense activities of the Department of Energy, to prescribe per- It was interesting. When we asked rely upon a coalition while they are re- him about the coalition and how broad sonnel strengths for such fiscal year for the building their police and their army is Armed Services, so forth and for other pur- a coalition, what he said is what the not a surrender of their sovereignty in poses. Iraqi people need is not just a broad co- any way. Indeed, it is in Iraq’s vital na- Pending: alition, but he needs—the Iraqi people tional security interests to accept the Bond modified amendment No. 3384, to in- need—an effective coalition. It is that coalition’s help, he stated. clude certain former nuclear weapons pro- effectiveness that ultimately is most Having now met with Iraq’s two most gram workers in the Special Exposure Co- important to him as the new President senior leaders over the last 12 days, I hort under the Energy Employees Occupa- of that country. He needs people who am confident these two leaders and tional Illness compensation Program and to provide for the disposal of certain excess De- can get the job done for him. this new government is a strong one. The President was quick to express partment of Defense stocks for funds for that They have the vision, they have the purpose. his thanks on behalf of the Iraqi people fortitude, they clearly have the cour- Brownback amendment No. 3235, to in- and asked us to extend that thanks, age, but they also have the resolve to crease the penalties for violations by tele- that appreciation of the sacrifices lead the Iraqi people on this path to- vision and radio broadcasters of the prohibi- Americans have made so the Iraqi peo- ward freedom and democracy. tions against transmission of obscene, inde- ple could live in a free country, that cent, and profane language. Indeed, Iraq’s new leaders have the they would have that opportunity to Burns amendment No. 3457 (to amendment confidence of our friends in the region. No. 3235), to provide for additional factors in live freely and to pursue democracy. He Senator DASCHLE, Senator MCCONNELL, indecency penalties issued by the Federal made it clear the full pursuit of democ- Senator BIDEN, and I all met with King Communications Commission. racy will take time. The first step is Abdullah of Jordan this week in the Mr. REID. Mr. President, on behalf of the election 6 months from now. It may Capitol. His Majesty expressed his con- the two managers, I am reporting be a series of elections before full- fidence in and support of the new Iraqi today that we will have two amend- blown democracy, as we generally con- government, as well. That is, again, a ments by the Senator from Illinois ceive of democracy, will take hold. that will be offered, two amendments In these difficult times, the President perspective from a very important, very significant leader in that part of by the Senator from New Jersey will be of Iraq stated Iraq would need the full offered, an amendment by the Senator support of the United States of Amer- the world. It is important to praise President from Rhode Island will be offered, and ica, both politically, financially, and I will offer an amendment. That is the Bush and his team for their vision, for militarily, as they go through this schedule for today’s session. transition and over the coming their resolve, and their efforts to get Of course, as the majority indicated, months. the United Nations and the inter- there will not be any votes. If the man- He recognized that without a secure national community behind this gov- agers require votes, and these are not and stable environment the U.S. coali- ernment. That has been a successful accepted, these votes will be stacked tion provided, a democratic Iraq sim- endeavor. for Monday night in addition to amend- ply would not succeed. We are all concerned about the re- ments offered Monday that were an- President al-Yawr recognized the cent terrorist activity in Iraq. As I nounced at an earlier time. huge task confronting the new Iraqi have mentioned in the Senate in the The PRESIDENT pro tempore. The government, but he was determined. He last couple of days, an increase in ter- Senator from Illinois. expressed that determination in every rorist activity is anticipated. It is ex- AMENDMENT NO. 3196 sentence, in every thought he shared pected by the Iraqi leaders and by our Mr. DURBIN. I call up amendment with us. He stated he was encouraged civilian and military leaders because No. 3196. by the widespread support of the Iraqi the terrorist groups—whether it is the The PRESIDENT pro tempore. The people for the new interim government. Zarqawi network, whether it is the pending amendment will be set aside. He clearly draws his strength from former regime loyalists, or whether it The clerk will report the amendment. the aspirations to transform Iraq into is the insurgents—will increase activ- The legislative clerk read as follows: a thriving democracy. President al- ity to derail this transition of sov- The Senator from Illinois [Mr. DURBIN], for Yawr made clear that what is called ereignty to the new government. They himself, Ms. MIKULSKI, Ms. LANDRIEU, Mrs. TAL, transitional administrative law, are not going to be successful. Yet we MURRAY, Mr. DAYTON, Mr. CORZINE, and Mr. BIDEN, proposes an amendment numbered the law of the land during this interim will see that increased terrorist activ- 3196. period, would govern their actions in ity. Indeed, we see the increased activ- Mr. DURBIN. Mr. President, I ask the coming months, and the rights of ity when we open the news each morn- unanimous consent that the reading of all would be protected under this tran- ing. the amendment be dispensed with. sitional administrative law. His imme- The terrorists want to disrupt this The PRESIDING OFFICER. Without diate focus is to build those profes- handoff. They are simply not going to objection, it is so ordered. sional security forces to establish an be successful. They do not want to see The amendment is as follows: independent judiciary that can uphold the Iraqi people breathe that fresh air (Purpose: To ensure that a Federal employee that rule of law. of freedom. They will not be successful. who takes leave without pay in order to As Iraqis rebuild their capacity to Indeed, we will win. perform service as a member of the uni- maintain security and govern them- I yield the floor. formed services or member of the National selves, the President said the world Guard shall continue to receive pay in an amount which, when taken together with would see an Iraqi face on the war f against terrorism in Iraq. Having met the pay and allowances such individual is receiving for such service, will be no less the Prime Minister in Baghdad a week RESERVATION OF LEADER TIME than the basic pay such individual would and a half ago, and now the President then be receiving if no interruption in em- of Iraq here in the Nation’s Capital, the The PRESIDENT pro tempore. Under ployment had occurred) impact of having that Iraqi face, tell- the previous order the remainder of the At the appropriate place, insert the fol- ing the Iraqi story, having it not told leadership time is reserved. lowing:

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.003 S18PT1 June 18, 2004 CONGRESSIONAL RECORD — SENATE S7031 SEC. ll. NONREDUCTION IN PAY WHILE FED- ‘‘(1) the terms ‘employee’, ‘Federal Govern- that when an employee of a company is ERAL EMPLOYEE IS PERFORMING ment’, and ‘uniformed services’ have the activated in a Guard or Reserve capac- ACTIVE SERVICE IN THE UNI- same respective meanings as given them in ity that the company makes up the dif- FORMED SERVICES OR NATIONAL section 4303 of title 38; GUARD. ference in their paycheck; continues ‘‘(2) the term ‘employing agency’, as used (a) SHORT TITLE.—This section may be their health insurance; of course, cited as the ‘‘Reservists Pay Security Act of with respect to an employee entitled to any payments under this section, means the promises them a job when they return. 2004’’. We salute all these great employers. (b) IN GENERAL.—Subchapter IV of chapter agency or other entity of the Government 55 of title 5, United States Code, is amended (including an agency referred to in section This amendment addresses an em- by adding at the end the following: 2302(a)(2)(C)(ii)) with respect to which such ployer that has turned out to be a employee has reemployment rights under deadbeat when it comes to Guard and ‘‘§ 5538. Nonreduction in pay while serving in chapter 43 of title 38; and the uniformed services or National Guard Reserve. That employer happens to be ‘‘(3) the term ‘basic pay’ includes any the Federal Government. Yes, that is ‘‘(a) An employee who is absent from a po- amount payable under section 5304.’’. sition of employment with the Federal Gov- (c) CLERICAL AMENDMENT.—The table of right, the United States Federal Gov- ernment in order to perform active duty in sections for chapter 55 of title 5, United ernment is an employer which does not the uniformed services pursuant to a call or States Code, is amended by inserting after offer Guard and Reserve activated em- order to active duty under a provision of law the item relating to section 5537 the fol- ployees the same benefits being offered referred to in section 101(a)(13)(B) of title 10 lowing: by State governments, local govern- shall be entitled, while serving on active ‘‘5538. Nonreduction in pay while serving in ments, and private companies. duty, to receive, for each pay period de- the uniformed services or Na- One might ask, How many Federal scribed in subsection (b), an amount equal to tional Guard.’’. the amount by which— employees are in the Guard and Re- (d) EFFECTIVE DATE.— ‘‘(1) the amount of basic pay which would serve? Today, there are about 1.2 mil- (1) IN GENERAL.—The amendments made by otherwise have been payable to such em- lion members in the National Guard this section shall apply with respect to pay ployee for such pay period if such employee’s and Reserve. Of that number, 10 per- periods (as described in section 5538(b) of civilian employment with the Government title 5, United States Code, as amended by cent, 120,000, are Federal employees. had not been interrupted by that service, ex- this section) beginning on or after the date More than 43,000 Federal employees ceeds (if at all) of enactment of this Act. have been activated since 9/11. That is ‘‘(2) the amount of pay and allowances (2) CONDITIONAL RETROACTIVE APPLICA- more than one-third of those Federal which (as determined under subsection (d))— TION.— ‘‘(A) is payable to such employee for that employees who are members of the (A) IN GENERAL.—The amendments made service; and Guard and Reserve have actually been by this section shall apply with respect to ‘‘(B) is allocable to such pay period. activated. ‘‘(b)(1) Amounts under this section shall be pay periods (as described in section 5538(b) of Currently, more than 15,000 Federal payable with respect to each pay period title 5, United States Code, as amended by employees remain activated with this section) beginning on or after October (which would otherwise apply if the employ- Guard and Reserve. They are dedicated. ee’s civilian employment had not been inter- 11, 2002 through the date of enactment of this Act, subject to the availability of appropria- They are loyal. They are serving their rupted)— country. They have chosen not only to ‘‘(A) during which such employee is enti- tions. tled to reemployment rights under chapter (B) AUTHORIZATION OF APPROPRIATIONS.— work for our Federal Government but 43 of title 38 with respect to the position There are authorized to be appropriated also to volunteer for the Guard and Re- from which such employee is absent (as re- $100,000,000 for purposes of subparagraph (A). serve. But they do it at a price. ferred to in subsection (a)); and Mr. DURBIN. This amendment is While these individuals receive pay ‘‘(B) for which such employee does not oth- being offered by myself, Senators MI- for the time they are on active duty, erwise receive basic pay (including by taking KULSKI, LANDRIEU, SARBANES, CORZINE, the salary gap many times between any annual, military, or other paid leave) to MURRAY, DAYTON, and BIDEN. This is an military pay and their Government pay which such employee is entitled by virtue of amendment that will be a familiar and allowances can be considerable. such employee’s civilian employment with amendment to many Members of the A Department of Defense survey of the Government. ‘‘(2) For purposes of this section, the period Senate. It is an amendment I offered 35,000 reservists, including Federal em- during which an employee is entitled to re- before on an appropriations bill and ployees, found that 41 percent of all re- employment rights under chapter 43 of title was adopted with an overwhelming servists suffer lost income during mo- 38— vote in the Senate. Unfortunately, it bilization and deployment. Of the 41 ‘‘(A) shall be determined disregarding the was stripped out of the bill in con- percent reporting a loss, approximately provisions of section 4312(d) of title 38; and ference. 70 percent said their annual income ‘‘(B) shall include any period of time speci- This amendment to the Defense au- was reduced by almost $4,000. Approxi- fied in section 4312(e) of title 38 within which thorization bill addresses the financial an employee may report or apply for employ- mately 7 percent, however, reported an ment or reemployment following completion burden facing many of the men and annual loss ranging from $37,000 to of service on active duty to which called or women who serve in the military Re- $50,000. ordered as described in subsection (a). serve and National Guard and are So imagine this scenario: Someone ‘‘(c) Any amount payable under this sec- forced to take unpaid leave from their works for the Department of Transpor- tion to an employee shall be paid— Federal jobs when called to active tation of the United States of America. ‘‘(1) by such employee’s employing agency; duty. I offered this amendment to the They have signed up for the Army Re- ‘‘(2) from the appropriation or fund which fiscal year 2004 supplemental. It passed serves. They have a job that pays would be used to pay the employee if such employee were in a pay status; and by a margin of 96 to 3 before it was re- $60,000 a year, being a Federal em- ‘‘(3) to the extent practicable, at the same moved in conference. The vote recog- ployee. Now they have been activated time and in the same manner as would basic nized the reality that since the end of and they are being paid $30,000 a year. pay if such employee’s civilian employment the cold war, employment of our Re- What about that salary gap? had not been interrupted. serve forces has shifted profoundly, A lot of State governments and local ‘‘(d) The Office of Personnel Management from being primarily an expansion governments and private companies shall, in consultation with Secretary of De- force to augment active forces during a say: We will make up the difference. fense, prescribe any regulations necessary to major war to the situation today, We will stand with you. You are serv- carry out the preceding provisions of this section. where the Department of Defense ad- ing your country. You are risking your ‘‘(e)(1) The head of each agency referred to mits that no significant operation can life. We will stand by you—but not the in section 2302(a)(2)(C)(ii) shall, in consulta- be undertaken by the United States of Federal Government. Many companies, tion with the Office, prescribe procedures to America without Guard and Reserve State and local governments—compa- ensure that the rights under this section components. nies such as Ford, IBM, Verizon, apply to the employees of such agency. Think of how often we, as individ- Safeway; and the State of California, ‘‘(2) The Administrator of the Federal uals, both elected and unelected, have Los Angeles County, Austin, TX—rec- Aviation Administration shall, in consulta- tion with the Office, prescribe procedures to come forward to congratulate employ- ognize the burden and voluntarily pay ensure that the rights under this section ers who stand behind their employees the difference between Active-Duty apply to the employees of that agency. when activated. We salute them. We military salary and civilian salary for ‘‘(f) For purposes of this section— say it is a great show of citizenship reservists. Typically, these employers

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.027 S18PT1 S7032 CONGRESSIONAL RECORD — SENATE June 18, 2004 cover their reservists anywhere from 90 hope they will come home soon, but Mr. DURBIN. Yes, I would be happy days on, with possible extensions of up there is no end in sight. Many of my to discuss it. In fact, I did not know the to 18 months. activated Guard and Reserve units Senator wanted to, but I am anxious In my State of Illinois, Boeing Aero- have been extended. They are over to. space, State Farm Insurance, Sears, there for extended periods of time, The PRESIDENT pro tempore. The Roebuck & Company, the State of Illi- causing great hardship, really assault- Senator from Virginia. nois, the city of Chicago, and many ing the morale of many of these units. Mr. WARNER. Mr. President, the other Illinois companies and local gov- Yet they continue to serve, and they concern I personally have had—and I ernments and institutions, cover the continue to risk their lives. Some have think shared by some of our col- pay differential for Reserve and Guard been mobilized for more than a year. leagues—is almost less from a fiscal members. The State of Alaska has Many have had their tours involun- standpoint and more from the fact that passed legislation, which Governor tarily extended. Some are subject to when you put a unit together and you Murkowski signed into law, that allows stop-loss orders. bring into that, say, Regular Army the government to make up the dif- Given the increased commitment of unit a guardsman and reservist—the ference in pay and continue some or all Reserve components—the longer tours, Senator well understands that young health benefits for State employees particularly in Iraq and Afghanistan— people exchange with each other their called to active duty in the Reserves and concerns over recruiting and reten- own pay and background and one thing and National Guard. The authority tion, this legislation is timely and a and another—and suddenly, you have would be discretionary, triggered by an vote of support for each and every Fed- two sergeants, equally competent to order of the Governor. The bill’s effec- eral employee who is also a citizen sol- operate that tank or artillery piece or tive date is retroactive to September dier. We have to provide our reservist Humvee, whatever the case may be, 11, 2001. employees with financial support so and one is getting this bump up in pay In addition to Illinois and Alaska, they can leave their civilian lives to from, again, the Federal Government similar legislation has been enacted in serve our country without the added as opposed to the State and the other at least 21 other States, including the burden of worry about whether their is not, it causes a friction. This is the Commonwealth of Virginia. I know the loved ones back home can make a main concern I have. I just wonder to Senator, who is chairman of this com- monthly mortgage payment or provide what extent my colleague has thought mittee, is particularly proud that his new shoes for the kids. They are doing through that issue. State stands behind State employees so much for us, we can do no less for Mr. DURBIN. Mr. President, I thank who have been activated for the Guard them. the chairman of the committee, and and Reserves and makes up the dif- Let me also say, this is an authoriza- also for his leadership on this bill. ference in salary. tion, and it is an authorization with a Retired MG Bob McIntosh of the Re- But what an embarrassment it is for retroactive date back to October 11, serve Officers Association has testified us to stand on the floor of the Senate 2002, when the Senate initially enacted on this same issue. He said he does not and say the Federal Government does my reservist pay security bill. The believe that people in the military sit not do the same thing. That is right: amendment provides for the authoriza- around comparing pay stubs. But if The Government of the United States tion of $100 million to cover retroactive they did, I am afraid the Senator’s ar- does not offer the same benefits offered payments from October 11, 2002, gument would lead us to conclude that by Illinois, Alaska, Virginia, and many through the date of enactment. Of we have to stop State and local govern- other States across the Nation. These course, this $100 million is subject to ments from providing additional pay States have gone above and beyond the appropriation. because that, too, is a differential requirements of law in many cir- Prospectively, the funds come from being provided out of the largess and cumstances. They stand behind these discretionary funds for each agency, so charity—charity is not the right word; people. In fact, when you look at the that as Federal employees in each it is really a payment that is made be- private sector, hundreds of companies agency are activated into Guard and cause of a sense of obligation to the provide full salary differential for at Reserve units, serving and risking family involved. But it is a payment least 90 days when the Guard and Re- their lives overseas, the agencies will that is made. serves are activated. understand they are going to stand by In my State of Illinois and your The Federal Government is the Na- these employees while these employees State of Virginia and in the State of tion’s largest employer. We, in Wash- are standing by our country. Alaska, you have the decision that, ington, are the first to stand up and sa- I believe this is a reasonable amend- when your State employee is activated, lute our troops, as we should. But in- ment. I think it is one that the Senate the State is going to send them the pay stead of just saluting, why don’t we has embraced with an overwhelming bi- differential. So you will have two ser- give these troops a helping hand? For partisan rollcall vote of 96 to 3. It be- geants: one in Virginia who might be goodness’ sake, these Federal employ- longs in this authorization bill so we receiving this pay differential, and one ees—activated time and time again, can say to Federal employees: We re- from the Federal Government who does causing great hardship to their fam- spect you no less than all of the others not. ily—deserve the same consideration as who are serving in the Guard and Re- So in my way of thinking, we should those employees of State and local gov- serves. We believe you should be given be encouraging all of these employers ernments and private companies. a helping hand to keep your family to- to stand by their people. We are more My amendment will help alleviate gether as you volunteer to serve this dependent on the Guard and Reserves some of the financial burdens faced by country. now than ever in our history. We want these Federal employees who have been Mr. President, at this point I would to have good recruitment, good reten- mobilized. Federal employees, without ask that this amendment be set aside tion. I think if we have more employers hesitation, take time off their jobs, and I be given an opportunity to call standing behind those men and women, away from their families, to serve our up another amendment which I have it is going to help us keep and attract Nation. pending at the desk. the very best. On October 11, 2002, I voted against The PRESIDENT pro tempore. With- Mr. WARNER. Well, I see that argu- the resolution to give the President au- out objection, it is so ordered. ment very clearly. Of course, you know thority to go forward with this war. Mr. DURBIN. Mr. President, I call up the Army proudly has this motto: ‘‘We That decision was a tough one. The de- amendment No. 3225. are one,’’ which means every soldier cision was made by this Congress to go Mr. WARNER. Mr. President, I won- can do a variety of things, and whether forward anyway. der if we could—— you are a guard or reservist, you are What has happened since? We have The PRESIDENT pro tempore. Is respected now just as much as that ca- found a war that we hoped would be there objection? reer person. short in duration has become much Mr. WARNER. Mr. President, reserv- Do you have that list of 22 States? I longer. We now have some 135,000 to ing the right to object, could we first think we have it over here on our side. 140,000 troops in the field in Iraq. We discuss this amendment a minute? I would like to look at that.

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.007 S18PT1 June 18, 2004 CONGRESSIONAL RECORD — SENATE S7033 Mr. DURBIN. I would be happy to (iv) a persistent or significant disability or nois, and others. It had already been show you. incapacity; or banned by the U.S. military, the nation Mr. WARNER. Do most of those (v) a congenital anomaly, birth defect, or of Canada, banned for use in athletics States do both their National Guard as other effect regarding pregnancy, including on the professional level, and by the premature labor or low birth weight; or well as their Reserves or do they just (B) requires medical or surgical interven- NCAA, but it has been banned now by do their Guard? tion to prevent 1 of the outcomes described the FDA. Mr. DURBIN. I say to the Senator, I in clauses (i) through (v) in subparagraph A list of adverse events related to di- am not certain as I stand here. I do not (A). etary supplements released by the want to mislead him, so I will check (3) The term ‘‘stimulant’’ means a dietary Navy includes health events such as into that. But I think they do cover the ingredient that has a stimulant effect on the death, rapid heart rate, shortness of Guard, and I will find out specifically cardiovascular system or the central nervous breath, severe chest pain, and becom- whether they cover the Reserves as system of a human by any means, includ- ing increasingly delusional. These are well. ing— members of the Armed Forces who are (A) speeding metabolism; Mr. WARNER. Fine. (B) increasing heart rate; going to base exchanges and buying di- Mr. President, I am going to ask that (C) constricting blood vessels; or etary supplements which are dan- a quorum call be put in while I have an (D) causing the body to release adrenaline. gerous. They look at what is printed on opportunity to take some of the facts Mr. DURBIN. Mr. President, I offer the bottle. They think they are safe. which the Senator delivered in his very this amendment to the bill because of a They buy them with sometimes disas- comprehensive opening statement and serious health danger which exists in trous results. check them out. America and one that has been dem- Unfortunately, most of the time ad- As I am doing that, would you prefer onstrated clearly on military bases. verse events such as those I described to go on to your other amendment? Military personnel are under unusual are not even known to the Food and Mr. DURBIN. Yes. pressure to be physically fit. The con- Drug Administration or to the public Mr. WARNER. Fine. ditions under which they work and because the companies that make the The PRESIDING OFFICER (Mr. train are often harsh and demanding, products don’t report these bad results. CHAFEE). Without objection, the pend- making physical strength and endur- If you walk into a drugstore today, ing amendment is set aside so the Sen- ance essential. The pressure makes die- anyplace in America, and you go to the ator may offer another amendment. tary supplements particularly attrac- prescription counter with your pre- AMENDMENT NO. 3225 tive to members of our armed services, scription from the doctor and you get Mr. DURBIN. Mr. President, I call up especially products marketed for the pills, here is what you know about amendment No. 3225. weight loss and performance enhance- the pills you are holding. They have The PRESIDING OFFICER. The ment. been clinically tested for safety so that clerk will report. A 1999 study by the U.S. Army Re- you can be reasonably sure that if you The legislative clerk read as follows: search Institute for Environmental ingest them you will not die, and that The Senator from Illinois [Mr. DURBIN] Medicine found that 85 percent of the they are likely to achieve the result proposes an amendment numbered 3225. more than 2,200 male soldiers surveyed they are supposed to achieve. Mr. DURBIN. Mr. President, I ask reported using dietary supplements. A Secondly, if something goes wrong unanimous consent that reading of the military study conducted by the De- with one of those pills, if you take it amendment be dispensed with. partment of the Navy found that over- and get sick and notify the company, The PRESIDING OFFICER. Without all 73 percent of personnel reported a they are bound by law to notify the objection, it is so ordered. history of supplement use, with the Food and Drug Administration. If The amendment is as follows: numbers as high as 89 percent among something happens, the Food and Drug (Purpose: To require certain dietary supple- marines. When broken down by supple- Administration says: We may have to ment manufacturers to report certain seri- ment category, the survey by the De- remove this from the market to make ous adverse events) partment of the Navy showed that 26 sure it is still safe. That is the law that On page 147, after line 21, insert the fol- percent of marines took supplements applies to prescription drugs. lowing: containing stimulants. Now go to the over-the-counter drugs SEC. 717. REPORTING OF SERIOUS ADVERSE Most dietary supplements are safe where you don’t need a prescription. HEALTH EXPERIENCES. and provide health benefits to those Have they been tested? The component (a) IN GENERAL.—The Secretary of Defense may not permit a dietary supplement con- who take them. This morning I took parts of virtually all over-the-counter taining a stimulant to be sold on a military my vitamins. I don’t know if it will drugs have gone through the same test- installation unless the manufacturer of such make me live longer. I hope it will. I ing to make sure they are safe and ef- dietary supplement submits any report of a don’t think it did me any harm. Mil- fective. serious adverse health experience associated lions of Americans take vitamins and Now move over to the section of the with such dietary supplement to the Sec- minerals every morning believing it is drugstore that has the vitamins, min- retary of Health and Human Services, who good for them. They are probably erals, and dietary supplements. None of shall make such reports available to the Sur- right. Medical science proves that. those rules apply. There has been no geon Generals of the Armed Forces. Within the category of dietary sup- testing of that dietary supplement (b) EFFECT OF SECTION.—Notwithstanding section 201(ff)(2) of the Federal Food, Drug, plements, however, are not just vita- which says it is going to give you en- and Cosmetic Act (21 U.S.C. 321(ff)(2)) and mins and minerals but other combina- ergy or help you lose weight, no testing paragraph (3) of subsection (c), this section tions of chemicals, some naturally oc- whatsoever. does not apply to a dietary supplement con- curring, which are not as benign as the Let me take that back. The testing is taining caffeine that is intended to be con- vitamins and minerals we take in the taking place as you buy it. You are the sumed in liquid form. morning. There are some supplements, test case, as the consumer. You are in- (c) DEFINITIONS.—In this section— specifically those containing stimu- gesting this compound to see what hap- (1) The term ‘‘dietary supplement’’ has the pens. But safety testing of the dietary same meaning given the term in section lants, which are often marketed for en- 201(ff) of the Federal Food, Drug, and Cos- ergy promotion, performance enhance- supplement is not required. What hap- metic Act (21 U.S.C. 321(ff)). ment, and weight loss. We know they pens if they are dangerous, like (2) The term ‘‘serious adverse health expe- can cause harm. ephedra? What if they cause people to rience’’ means an adverse event that is asso- Between 1997 and 2001, 30 Active-Duty have a stroke, heart attack, high blood ciated with the use of a dietary supplement personnel in America’s Armed Forces pressure, or death? Does the company in a human, without regard to whether the died after taking dietary supplements that makes the dietary supplement event is known to be causally related to the containing ephedra. That was a supple- have any obligation to notify the Gov- dietary supplement, that— ment marketed across the United ernment that the product is dangerous? (A) results in— (i) death; States with names such as Metabolife Absolutely not, no requirement what- (ii) a life-threatening condition; for weight loss and energy. Eventually soever. That adverse event reporting (iii) inpatient hospitalization or prolonga- that substance was banned by the Fed- for prescription drugs does not apply to tion of hospitalization; eral Government, by my State of Illi- dietary supplements.

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.009 S18PT1 S7034 CONGRESSIONAL RECORD — SENATE June 18, 2004 My amendment would require manu- The standard we are establishing is to the arrival of deceased military per- facturers of dietary supplements that the same standard. They should live by sonnel from overseas. I include access sell supplements containing stimulants the same standard. We lost 30 Amer- by the families as well. on military installations to turn over ican soldiers to these dietary supple- On the eve of the Iraq invasion, the to the FDA serious adverse event re- ments, which were lethal. At this point Department of Defense issued the fol- ports relating to their products. These in time, as a minimum, we should re- lowing bizarre directive: would include adverse events such as quire these companies to report to the death, life-threatening condition, hos- FDA, when their products are killing There will be no arrival ceremonies for, or pitalization, persistent disability or in- people. If they will not report, they media coverage of, deceased military per- capacity, or birth defects. We made a should not be allowed to sell their sonnel returning to or departing from Ramstein (Germany) Airbase or Dover (Dela- specific exemption in this amendment product on military bases. The mili- ware) base. for supplement beverages containing tary banned ephedra when they found caffeine, such as tea and sports drinks. out it was killing our soldiers. With this order, the administration The Office of the Inspector General We should not test-market dietary effectively blocked images of flag- at the Department of Health and supplements on our soldiers. That is draped coffins from appearing in the Human Services estimated in 2001 that what my amendment will do. I hope media coverage of this war. It is very less than 1 percent of all adverse events the Senate will adopt it and that we hard to understand that decision. I and associated with dietary supplements will show concern for the military and my colleague from New Jersey, Sen- are reported to the FDA. The Institute their families and protect them as we ator CORZINE, went to Arlington Ceme- of Medicine issued a report last month should protect every American con- tery this week to honor the funeral and recommending that adverse event re- sumer. burial of one of four New Jersey porting become mandatory for dietary At this point, I ask unanimous con- guardsmen who were killed last week. I supplement manufacturers. sent that my amendment be set aside. was struck by the ceremony. I have They asserted that: I ask for the yeas and nays on my seen such ceremonies before, but in Ar- While spontaneous adverse event reports amendment. lington it has a special significance. have recognized limitations, they have con- Mr. WARNER. Mr. President, reserv- Thousands of our comrades in arms siderable strength as potential warning sig- ing the right to object, regarding the from different wars are at rest there. nals of problems requiring attention, making second amendment we are currently But in the formal ceremony, it was monitoring by the FDA worthwhile. on, I would like to reserve the right to particularly noteworthy that the flag The Institute of Medicine rec- have an amendment in the second de- was handled by the honor guard in such ommended that Congress amend the gree. I want to make that clear. We a way that every fold, every edge was 1994 supplement law, DSHEA, and re- will lay this aside, and one of our col- perfectly handled by this obviously quire manufacturers of supplements to leagues, who is as active in this field as well-trained honor guard. When the report to the FDA in a timely manner the Senator is, wishes to address a cer- final recipient among the guard was any serious adverse event associated tain aspect of this amendment. handed the flag, folded in triangular with their products. For the time being, this amendment form, he took it, almost reverently, The men and women in uniform serv- will be laid aside until, hopefully, some and carried it over to the mother of ing this country face enough danger in time Monday when our colleague will this young man who was killed. What a the field. They should not have to have time. touching moment. worry about the so-called health prod- Mr. REID. Senator DURBIN was only ucts being sold on military bases with Even though there were no direct asking for the yeas and nays. photographs, it is permanently etched the approval of the Federal Govern- The PRESIDING OFFICER. Is there a in the minds of those who viewed this ment that may, in fact, be dangerous sufficient second? There is a sufficient ceremony. The symbolism of the Amer- to their health. This is the minimum second. ican flag covering the coffins of those we should require of companies selling The yeas and nays were ordered. dietary supplements on military bases, Mr. WARNER. Mr. President, regard- killed doing their duty has been tele- that they be forced to notify the FDA ing the first amendment, during the vised as never before, and journalists if the product they are selling to our course of the colloquy with the Senator are embedded in tanks with combat soldiers, sailors, airmen, marines, and from New Jersey, if he would like to units. But by the order of the Pen- members of the Coast Guard are, in speak with me, I have some thoughts tagon, the solemn homecoming of the fact, dangerous and cause serious ad- on that. dead—a time-honored tradition—was verse health events such as death and Mr. DURBIN. I thank the Senator. forbidden to be photographed or to ap- stroke. I yield the floor. pear on a television screen. Perhaps— In closing, let me tell you what the The PRESIDING OFFICER. The Sen- just perhaps—the American people dietary supplement industry is doing ator from New Jersey is recognized. might believe that the reports on the deaths of our soldiers are somehow ex- to lobby against this amendment. This AMENDMENT NO. 3291 aggerated, and this time-honored re- is an outrage. This multibillion-dollar Mr. LAUTENBERG. Mr. President, I spect for giving one’s life in battle for industry that sells dietary supplement call up amendment No. 3291. products all across America without The PRESIDING OFFICER. Without his country—an honor by having a flag testing them to make sure they are objection, the pending amendment is draped over that coffin—was going to safe and without reporting to the Fed- laid aside. be ended. In seeing these coffins, the eral Government when they become le- The clerk will report. American public would make it impos- thal and kill people opposes my amend- The assistant legislative clerk read sible not to share the sorrow of the ment which would require that they as follows: families who received them. You didn’t have to know who was in that coffin, or notify the FDA when people face The Senator from New Jersey [Mr. LAU- the family, to know there was another stroke and adverse events, death and TENBERG] proposes an amendment numbered serious health consequences. 3291. American hero being returned to his This is what they are saying on their Mr. LAUTENBERG. Mr. President, I country. e-mail to their customers: The Durbin ask unanimous consent that further Seeing the returning coffins prompt- bill will hold dietary supplements to a reading of the amendment be dispensed ed a national sense of shared pain and higher level of scrutiny than prescrip- with. sacrifice and despair. But during this tion drugs, over-the-counter drugs, and The PRESIDING OFFICER. Without war, the administration has chosen to food additives. They are wrong. Supple- objection, it is so ordered. fence itself in and ban cameras not ments face none of the up-front scru- Mr. LAUTENBERG. Mr. President, I only from the central military morgue tiny that prescription drugs, over-the- rise to offer a fairly straightforward at Dover Air Force Base but also make counter drugs and food additives face, amendment to this bill. The amend- it difficult for the press to access the nor are they required to report adverse ment will change the flawed policy Walter Reed Army Medical Center here events as prescription drugs are. that currently prevents media access in Washington.

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.012 S18PT1 June 18, 2004 CONGRESSIONAL RECORD — SENATE S7035 I visited Walter Reed this week with of the war in Iraq. My amendment will this would be an opportunity to send a Senator CORZINE after we left Arling- bring an end to this shroud of secrecy strong message of his deep bereave- ton Cemetery. We felt it was appro- cloaking the hard, difficult truth about ment for the losses and the resolve priate to visit with those who were the war and the sacrifices of our sol- that he had to challenge those who wounded and being treated at Walter diers. brought this about and bring to ac- Reed from the same contingent, from Our soldiers are fighting for democ- countability those who perpetrated the Guard company that was attacked racy, fighting for a free press in Iraq. that crime. We suggested he go down, so ferociously. We talked to the sol- Yet our Government is censoring the and sure enough he did go. diers who were there with their fami- press here. It is not right and is out of I was privileged he asked if I would lies. When you see the pain and suf- line with American values. come down with him. It was a day I fering of those people, you realize how My amendment is supported by lead- will never forget. It was a cold and brave and courageous they had been. ing media associations, including the rainy day. Because of the number of I talked to one man, who is now American Society of Newspaper Edi- caskets, it was on the outside largely. sightless, looking blankly into space. tors, and in my view, we should em- I recall the schedule, as all Presi- His wife was sitting there with him. He brace a free press in this country and dential schedules are detailed, and I thanked us for visiting. He said he not fear it. There are heroes who have had a little copy in my pocket. would never again see his 20-month-old made the ultimate sacrifice in this war He went down to speak to some of daughter. But that would not prevent for our country. Let’s not censor the the families. It was just magnificent him from holding her in his arms. He honor they earn when they return to the way this President stood in that was anxious to get back home to do our shores. cold rain and spoke to them. He turned that. He wanted to return to his fa- I urge my colleagues to support my to me and he said: You know, we therly status. He talked of his faith amendment. I yield the floor. should stay and speak to every single and loyalty to his country. That is a The PRESIDING OFFICER. The Sen- family member. He did that. We found message that ought to go out across ator from Virginia. the time to go down very orderly and America. Why should the press be de- Mr. WARNER. Mr. President, I al- speak to every single family member. prived from an orderly visit, pre- ways enjoy debating my good friend The commanding officer of Camp arranged, to talk to a young man like from New Jersey. I have fond memories Lejeune was MG Al Gray. Gray is an that, to see the incredible spirit that of a recent trip we took to the 60th an- extraordinary man. He came up accompanied this man’s faith. niversary of D-day when he told me through the ranks in the Marine Corps As a result of the current policy at some of his own personal experiences to become a general. He knew the the Pentagon, the over 830 service men as a young soldier in the closing mo- name—I don’t recall he even used any and women who died in Iraq passed ments of World War II, serving with notes—of everyone there, and he stood through a politically imposed void hid- our forces in Germany. He is a modest side by side with the President. I was ing the truth. Even during the Afghani- man and does not talk about it much, just a few feet to one side going stan war, flag-draped coffins were but he is one of the few remaining vet- through and talked to the President. If filmed, and during the Kosovo conflict, erans of World War II in the Senate. a wife or a loved one wanted to hug the President Bill Clinton was on the I wonder if the Senator might go President, the President hugged them. tarmac to receive U.S. dead. back to that reference in his statement It was remarkable. It was one of the In 1983, one of the most revered peo- about the Beirut bombing. Mr. Presi- most extraordinary moments in my ple in American history, President dent, would the Senator from New Jer- long career of working with the men Reagan, personally and publicly re- sey repeat that because it invoked a and women of the Armed Forces and a ceived the bodies of 241 marines who memory I have? Did he not talk about series of Presidents over the many were killed by terrorists in Beirut, how President Reagan went down—I years. Lebanon. wonder if he will, once again, recite I am glad the Senator from New Jer- I believe the current Pentagon direc- that very important chapter of history. sey brought that up because that at- tive is an attempt to manipulate public Mr. LAUTENBERG. Yes. I did say tack, in a sense, caught this Nation by opinion or make this war pass some- President Reagan made a point of wel- surprise. We were ill-equipped. I don’t thing that is called the ‘‘Dover test,’’ coming the bodies back to this coun- know that the Senator from New Jer- as the Pentagon itself has coined it. The Dover test dictates that the Pen- try, 241 of those marines who died in sey would have any reason to remem- tagon should suppress images of coffins Beirut, and I pointed to the fact that ber this, but the guards around the bar- returning from overseas in order to this President, to whom we just said racks could not even have live ammo in prevent the American people from see- goodbye and who was revered by so their weapons to try and deter an at- ing the real sacrifices that are being many in this country, felt in his heart tack. We were relying on host country made. that it was something he should do. It security and the like. But that is an in- The current policy has nothing to do is so contrary to what is happening cident which I commend the Senator with the privacy of the deceased or now. It does not make sense to me. again for bringing up, but we could not, their families, as the administration Mr. WARNER. Mr. President, if my in my judgment, replicate that today claims. Rather, this policy has every- dear friend will indulge me my own because of the regrettable constancy of thing to do with keeping the country recollection, when that tragic incident bringing back our beloved lost ones in from facing the realities of war, shield- happened in Beirut, Senator Tower was the present conflicts, be they Afghani- ing Americans from the high price our the leader of the Republican side of our stan or Iraq. young service people are paying. committee, and I was sort of one of the AMENDMENT NO. 3458 TO AMENDMENT NO. 3291 My amendment is straightforward. It junior members. I remember he came Mr. WARNER. Mr. President, it is for simply instructs the Department of De- into my office and said: We are leaving that reason that I send to the desk a fense to work out a protocol so that for Beirut in 2 hours. If you have time second-degree amendment and ask for the media can respectfully cover the to pack a bag, pack it; otherwise, just its immediate consideration. return to the United States of these he- bring a toothbrush. The PRESIDING OFFICER. The roes who died serving their country. We went over there and saw the trag- clerk will report. The amendment specifically states edy that had befallen our marines. I The assistant legislative clerk read that the new protocol must preserve will never forget it. When we came as follows: the dignity of the occasion and protect back on the plane, we talked a little The Senator from Virginia [Mr. WARNER] the privacy of the families. I agree bit, and President Reagan did receive proposes an amendment numbered 3458 to with that statement. The amendment the benefit of our trip. He was deeply amendment No. 3291. requires the Pentagon to report to Con- moved by that incident. Mr. WARNER. Mr. President, I ask gress on the new protocol within 60 I cannot recall exactly the days unanimous consent that the reading of days of enactment of this bill. thereafter when we were working with the amendment be dispensed with. The American people deserve to bringing the remains home, but I let it The PRESIDING OFFICER. Without know and see the truth about the cost be known to the President that maybe objection, it is so ordered.

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.014 S18PT1 S7036 CONGRESSIONAL RECORD — SENATE June 18, 2004 The amendment is as follows: sure both of us, in the course of our Mr. LAUTENBERG. I thank my col- (Purpose: To propose a substitute expressing long public careers, have attended league and friend from Virginia. We the sense of Congress on media coverage of many funerals with those loved ones. have shared many experiences. One of the return to the United States of the re- This substitute is carefully thought them is reaching a particular age when mains of deceased members of the Armed through and I hope the Senator will memories go back a long, long time. Forces from overseas) take a look at it. I would like to read The recall that the Senator from Vir- Strike the matter proposed to be inserted, it. ginia just delivered to us about Presi- and insert the following: The Department of Defense, since 1991, has dent Reagan’s sensitivity and the part SEC. 364. MEDIA COVERAGE OF THE RETURN TO relied on a policy of no media coverage of that my friend was able to play, view- THE UNITED STATES OF THE RE- the transfers of the remains of members to MAINS OF DECEASED MEMBERS OF ing all of that and trying to expedite THE ARMED FORCES FROM OVER- Ramstein Air Force Base, Germany, nor at things, it is a wonderful recall as to SEAS. Dover Air Force Base, Delaware, and the what happened with a very sensitive (a) FINDINGS.—Congress makes the fol- Port Mortuary Facility at Dover Air Force President. lowing findings: Base, nor at interim stops en route to the point of final destination in the transfer of I traveled to Beirut—and that was (1) The Department of Defense, since my freshman year in 1983—and I was 1991, has relied on a policy of no media cov- the remains. erage of the transfers of the remains of mem- Now, that final point is basically there between the killing of the 241 and bers Ramstein Air Force Base, Germany, nor where the families of the deceased are the killing of 8 more that the Senator at Dover Air Force Base, Delaware, and the located. Continuing: recalls a few weeks later. It was a dis- Port Mortuary Facility at Dover Air Force astrous scene and left an impression The principal focus and purpose of the pol- Base, nor at interim stops en route to the icy is to protect the wishes and the privacy that one can never forget of these point of final destination in the transfer of of families of deceased members of the young people in their sleep taken from the remains. Armed Forces during their time of great loss us. I never recall hearing one family (2) The principal focus and purpose of the saying too much exposure resulted policy is to protect the wishes and the pri- and grief and to give families and friends of vacy of families of deceased members of the the dead the privilege to decide whether to from that. I did not hear anybody ever Armed Forces during their time of great loss allow media coverage at the member’s duty say to the public, my son, in an uniden- and grief and to give families and friends of or home station— tified casket, should not be honored in the dead the privilege to decide whether to That refers to the final destination of a generic way with his comrades who allow media coverage at the member’s duty the transfer of the remains— also are fallen in pursuit of an Amer- or home station, at the interment site, or at at the interment site, or at or in connection ican objective. or in connection with funeral and memorial with funeral or memorial services. As the Senator was recalling his services. views and offering this amendment, I (3) In a 1991 legal challenge to the De- Those could be elsewhere selected by partment of Defense policy, as applied dur- the family. looked at some information we have, a ing Operation Desert Storm, the policy was In a 1991 legal challenge to the Department New York Times/CBS poll from Sep- upheld by the United States District Court of Defense policy, as applied during Oper- tember 2003 that found 62 percent of for the District of Columbia, and on appeal, ation Desert Storm, the policy was upheld by Americans said the public should be al- by the United States Court of Appeals for the United States District Court for the Dis- lowed to see pictures of the military the District of Columbia in the case of JB trict of Columbia, and on appeal, by the Honor Guard receiving the coffins of Pictures, Inc. v. Department of Defense and United States Court of Appeals for the Dis- these soldiers killed in Iraq as they re- trict of Columbia in the case of JB Pictures, Donald B. Rice, Secretary of the Air Force turn to the United States. There were on the basis that denying the media the Inc. v. Department of Defense and Donald B. right to view the return of remains at Dover Rice, Secretary of the Air Force [86 Fed. 3rd 27 percent who said no. Air Force Base does not violate the first 236, 1996] on the basis that denying the media In response to our good friend’s con- amendment guarantees of freedom of speech the right to view the return of remains at cerns about whether families might be and of the press. Dover Air Force Base does not violate the inconvenienced if they are called to (4) The United States Court of Appeals first amendment guarantees of freedom of Dover, DE, or perhaps embarrassed for the District of Columbia in that case speech and of the press. somehow or another, they do not have cited the following two key Government in- The United States Court of Appeals for the to go. That is not what my amendment terests that are served by the Department of District of Columbia in that case cited the says. It says that media should not be Defense policy: following two key Government interests that (A) Reducing the hardship on the fami- are served by the Department of Defense pol- prohibited from going there and taking lies and friends of the war dead, who may icy: a picture and saying here is a picture feel obligated to travel great distances to at- Reducing the hardship on the families and of unknown heroes. tend arrival ceremonies at Dover Air Force friends of the war dead, who may feel obli- We walked in Normandy together Base if such ceremonies were held. gated to travel great distances to attend ar- just a week ago, and I saw lots of (B) Protecting the privacy of families rival ceremonies at Dover Air Force Base if crosses and Stars of David. I looked at and friends of the dead, who may not want such ceremonies were held. some of the stones and saw a lot of media coverage of the unloading of caskets Protecting the privacy of families and them had a New Jersey home when friends of the dead, who may not want media at Dover Air Force Base. they left, but I looked at one stone and (5) The Court also noted, in that case, coverage of the unloading of caskets at that the bereaved may be upset at the public Dover Air Force Base. it just gave me such a shock because it display of the caskets of their loved ones and Especially when their loved one may said on this stone, here lies a valued that the policy gives the family the right to be among them. comrade known but to God. grant or deny access to the media at memo- The unknown soldier of a family who The Court also noted, in that case, that the rial or funeral services at the home base and bereaved may be upset at the public displays lost a brother, a son, a father will that the policy is consistent in its concern of the caskets of their loved ones and that never know what happened to them, for families. the policy gives the family the right to grant but they were respected in that piece of (b) SENSE OF CONGRESS.—It is the sense turf with their colleagues who had fall- of Congress that the Department of Defense or deny access to the media at memorial or policy regarding no media coverage of the funeral services at the home base and that en. transfer of the remains of deceased members the policy is consistent in its concern for I get very emotional when I think of the Armed Forces appropriately protects families. about the days that I enlisted in the It is the sense of Congress that the Depart- the privacy of the members’ families and Army. I was 18. My father was on his ment of Defense policy regarding no media friends of and is consistent with United deathbed, 42 years old. My mother was coverage of the transfer of the remains of de- States constitutional guarantees of freedom ceased members of the Armed Forces appro- about to become a 36-year-old widow, of speech and freedom of the press. priately protects the privacy of the mem- and what it meant to me to join with Mr. WARNER. I share in many ways bers’ families and friends and is consistent all of my other comrades to try to do the objectives of my good friend and with United States constitutional guaran- something. The promise I had from the colleague from New Jersey. As I said, I tees of freedom of speech and freedom of the Army was they would give me until my respect his own service in the military press— father’s death so I would know that I where both he and I have been along As determined by the Federal courts. would be home with my mother. with the loved ones of those who have I would like the Senator’s views on I went, and although I did not serve given their lives in situations, and I am that approach. in active combat, lots of people I know

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.017 S18PT1 June 18, 2004 CONGRESSIONAL RECORD — SENATE S7037 died. We were attacked by German Mr. President, at this time—unless The amendment is as follows: bombs constantly. Those days meant there is further debate from my distin- (Purpose: To limit the obligation and ex- so much. Then there were the opportu- guished colleague? penditure of funds for the Ground-based nities that were given to us: a college Mr. LAUTENBERG. I wonder if the Midcourse Defense program pending the education, an opportunity to serve our Senator from Virginia would confirm submission of a report on operational test country even more forthrightly. at this point that we will vote on this and evaluation) So when I look at veterans and visit amendment whether it carries the sec- On page 33, after line 25, insert the fol- the hospital, I see a fellow who has one ond degree or it does not? lowing: limb remaining, a prosthetic on his Mr. WARNER. At this point in time I SEC. 224. LIMITATION ON OBLIGATION AND EX- PENDITURE OF FUNDS FOR arm, prosthetics on his legs, learning would like to leave it in the status it is GROUND-BASED MIDCOURSE DE- to walk that way, I say, by God, what in, assuring you that you have my per- FENSE PROGRAM PENDING SUBMIS- a price we paid. How dare we not honor sonal assurance, because of my per- SION OF OPERATIONAL TEST RE- them in the most obvious ways. sonal respect for you and the contents PORT. I hope I can have a talk with my Of the amount authorized to be appro- of this amendment and its importance, priated for fiscal year 2005 by section 201(4) friend and colleague from Virginia— that it will be treated with eminent for research, development, test, and evalua- not to cover this issue with anything fairness. No procedural mechanisms tion, Defense-wide, and available for the Mis- but a determination to say if someone will be utilized in any way to deprive sile Defense Agency for Ground-based Mid- has died for their country and we take the Senator of an opportunity for his course interceptors, and long-lead items for that flag and put it on that casket, debate to be heard and considered. such interceptors, $550,500,000 may not be ob- they have received the honor of their I thank my friend. I would only con- ligated or expended until the occurrence of country, every one of the 280 million clude: One of the great values in mak- each of the following: citizens we have here. When that flag is ing a trip with a fellow Senator—no (1) The Director of Operational Test and placed there it says your country loves Evaluation has approved, in writing, the ade- matter how long you have served with quacy of the plans (including the projected you and they are terribly saddened by them and visited with them, there are level of funding) for operational test and what happened to you. I believe that some things about their life which are evaluation to be conducted in connection practice should be made obvious to the fascinating. I hope someday you tell with the Ground-based Midcourse Defense public. It is not the display of the cof- the story about how you were in the program in accordance with section 2399(b)(1) fin I am looking for; it is a display of Army over there, and both you and I of title 10, United States Code. our honoring this individual. It is the were communicators, and at times in (2) Initial operational test and evaluation way to do that. our careers we used to climb up the of the program is completed in accordance with section 2399(a)(1) of such title. I hope the good Senator’s second-de- poles to get the wires that transmitted gree amendment can stand alone. Let (3) The Director of Operational Test and the signals and orders to those at the Evaluation has submitted to the Secretary this first amendment be considered. It front. While you were on top of the of Defense and the congressional defense is just to say we are not going to hide pole, a Buzz Bomb—I wonder if even a committees a report stating whether the test anything. The public is going to know few realize that weapon was employed and evaluation performed were adequate and that in that box lies a young man or a by Hitler in the final months of the whether the results of the test and evalua- young woman who gave his or her life war, which is a very lethal and dan- tion confirm that the Ground-based Mid- in pursuit of the country’s interests. gerous weapon. But that is for another course Defense system is effective and suit- able for combat, in accordance with section Mr. WARNER. Mr. President, there day. The Chamber should hear that are rare moments in the life of the Sen- 2399(b)(3) of such title. story. ate. I have enjoyed our colloquy. The (4) The congressional defense committees Mr. LAUTENBERG. In those days the have received the report under paragraph (3). Senator has raised one of the most im- Germans would knock down the wires portant issues that will be considered Mr. REID. I ask unanimous consent and I would put them up, they would the Senator from Minnesota be recog- on this bill. Despite all the billions and knock them down, I would put them billions of dollars, some $420 billion in- nized and be able to speak as in morn- up, but somehow we survived. ing business for 5 minutes, and the volved in this bill, this is a matter of Mr. WARNER. But to be on top of principle of the greatest concern to Senator from Rhode Island then regain that pole and to get down in safety the floor to discuss his amendment. every single Member. Therefore, I am from the Buzz Bomb—that was a trip. going to ask that this amendment be Mr. WARNER. No objection, Mr. I yield the floor. President. laid aside so the Senator and I can re- Mr. LAUTENBERG. I yield the floor. sume this debate on Monday and let Mr. REED. Thank you. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without each one of our colleagues have the ator from Rhode Island. objection, it is so ordered. benefit of our thoughts and have the AMENDMENT NO. 3353 UNSHACKLE SENIORS ACT opportunity to do some careful study Mr. REED. I call up amendment No. of the different proposals, the one you Mr. DAYTON. I thank the Senator 3353. from Rhode Island for making that ar- have submitted and the one I have sub- The PRESIDING OFFICER. Without rangement. I thank the Senator from mitted. objection the pending amendment is Rhode Island for giving me that oppor- May I suggest, however, with regard laid aside. The clerk will report. to yours, there may be one technical Mr. REID. Mr. President, I am won- tunity and also the distinguished thing you might wish to reflect on, and dering if my friend from Rhode Island chairman of the Armed Services Com- that is the use of the word ‘‘killed.’’ would yield? He would get the floor as mittee for allowing this as well. I will be introducing my Unshackle You limit it to the people who have soon as Senator DAYTON takes a Seniors Act, which will allow seniors been killed overseas. There are some minute to introduce a bill as in morn- and others who are on Medicare to pur- who lost their lives overseas other than ing business. Will the Senator allow us chase their Medicare discount cards as in situations that would be character- to do that? We promised him some they choose and to cancel their partici- ized as ‘‘killed.’’ I would broaden that time yesterday. definition, if I were you, to include Mr. REED. I have no objections. I un- pation with full refunds and other re- those who for other reasons might have derstand Senator SESSIONS also—— turns whenever the cards are changed lost their lives but who deserve, no Mr. REID. But you already have your in their coverage or their discounts. less, the recognition which my distin- amendment pending here. Has it been As you know, last year Congress guished colleague from New Jersey reported? passed a prescription drug coverage wishes to accord them. Mr. REED. It is being reported right plan that was far different from the Mr. LAUTENBERG. Toward the end now. Senate-passed version which I sup- of my amendment I use the term The PRESIDING OFFICER. The ported. I voted against the final con- ‘‘died.’’ That is an appropriate correc- clerk will report. ference report after voting for the Sen- tion. I would certainly accept that. The assistant legislative clerk read ate bill. I did so for several reasons, but Mr. WARNER. Fine. I think you do as follows: one was the excessive delay until the refer to that. But to make it clear, you The Senator from Rhode Island [Mr. REED], actual program would begin, which ne- might wish to broaden it. proposes an amendment numbered 3353. cessitated these drug discount cards

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.019 S18PT1 S7038 CONGRESSIONAL RECORD — SENATE June 18, 2004 being made available until the program bottom line of the Department of De- premature to go ahead now and ramp begins in January of 2006, which is over fense. It is unwise. We are talking up production of these missiles. 2 years after the bill’s passage. Until about an extremely premature acquisi- If it turns out there is a systematic then, seniors are going to be able to tion of missiles before we have ‘‘proved flaw in the missiles, and they have sign up for only one, just one drug dis- out’’ the system. been acquired and deployed, if they count card and only one for that entire I was struck yesterday when Senator have not been worked on in the silo, year, even though the care plan pro- ALLARD submitted a letter from Thom- they will have to be removed from the viders can change the coverage and the as Christie, Director of the Office of Di- silo and transported. It is very expen- amount of the discount they are choos- rector, Operational Test and Evalua- sive. ing. tion at the Pentagon. Dr. Christie said: I beg the obvious question. If we have What kind of deal is that, where sen- The Ground-based Midcourse Defense not tested the system adequately, if we iors are stuck with one card for the en- (GMD) element is currently at a maturity are planning for years now to have a tire year, but the plan can be changed level that requires continued developmental 20-interceptor structure of our mis- at the discretion of the provider, yet testing with oversight assistance from oper- siles, why are we rushing ahead now seniors can’t change theirs accord- ational test personnel. Conducting realistic and buying additional missiles? My ingly? My bill would unshackle seniors operational testing in the near-term for the amendment says, at least before we get GMD element would be premature and not to this point of buying the additional from that restriction and would allow beneficial to the program. them to purchase as many drug dis- missiles, we should be in the area of count cards as they choose and also We have the chief testing official in planning and carrying out realistic grant them a full refund whenever the the Department of Defense saying this operational testing. card providers change the coverage or system is so immature that we cannot Yesterday, again, we had a very good the discount, thereby unshackling sen- even do operational tests. Yet in this debate. We were able to make some iors from this ridiculous restriction proposal, the administration is asking progress. But I point out again, the that works to the benefit of providers to go ahead and buy additional inter- amendment proposed by Senator WAR- rather than the patients. ceptors that have not yet been ade- NER, and adopted to change my lan- Mr. President, I yield the floor. quately proven and adequately tested. guage, moves the responsibility from The PRESIDING OFFICER. The Sen- Once again, it is a misuse of very the Office of Director of Operational ator from Rhode Island. scarce resources. Test and Evaluation of the Pentagon to AMENDMENT NO. 3353 I have no qualm today with acquiring the Secretary of Defense. It takes away Mr. REED. Mr. President, I under- the 20 interceptors initially planned for that objective independent voice, stand my amendment has been re- the system. But to go beyond that is a which is the traditional way in which ported and we are on the amendment mistake in terms of using scarce re- we evaluate any weapon system, not now. Let me endeavor to explain the sources for, basically, unproven inter- just the missile defense system. amendment and do it as quickly as pos- ceptors. I hope by the time we get around to sible. It is useful to review the situation of making these acquisitions, acquiring The amendment I support today this midcourse ground system and interceptors 21 through 30 and 21 would provide a condition on the acqui- where we are in terms of the system. through 40, that we would not have the sition of interceptors 21 through 30 of First, as I mentioned yesterday, one of specialized testing regime under the the national missile defense. The con- the key elements is a DSP satellite Secretary of Defense, and that we dition would be that the operational system that will monitor the initial would be back in a situation where we testing would be completed—or initi- launch of a missile. That is from a cold are doing operational testing the way ated, at least—prior to the acquisition war legacy system. It is reliable; it is it was designed and carried out. of these missiles. limited. You simply identify the lift-off That is the essence of my amend- In a sense, it embraces two issues. of the aggression missile. ment. It would not in any way inhibit The first issue is the unwise acquisi- The second part of the system is the the deployment of the system. It would tion of another 10 missiles beyond the Aegis ships which have been pressed not in any way try to shrink the num- 20 that already have been designed for into service. They were originally de- ber below 20, which has been the plan this initial rudimentary deployment of signed simply to track and to defend for years. It would not decrease fund- the national missile defense system. against cruise missiles and aircraft. ing for missile defense. If this oper- That issue is one. The second issue, Now they have been given this extra ational testing regime was in place, again, is the issue of making sure we task of trying to monitor the target as then these 21 through 30 interceptors have realistic operational testing. it rises out of the North Korean penin- could be acquired. It is really designed Yesterday we engaged in a very vig- sula headed toward—we hope never but to first highlight and underscore the orous debate. I believe the debate was at least hypothetically—the United fact that we are rushing ahead, not just productive. My legislation, as amended States. in terms of deployment but in actually by that of Chairman WARNER, would re- A third element is the Cobra Dane building out this system way beyond quire realistic testing. In fact, it set a radar, another system of 1970 vintage, what has been proven by testing; and, date of October 1, 2005, to complete designed not for missile defense but for second, also, to emphasize the need for such testing. But I do believe it is im- looking at Russian missiles and their a thorough testing not beyond, frank- portant to once again look at this issue missile rangers. It is not even capable, ly, what was required in yesterday’s of testing, particularly in the context most people concede, of tracking effec- amendment. of the acquisition of these additional tively a missile bound for Hawaii. It Although I think yesterday’s amend- missile systems. has been upgraded but still it is not the ment was a good step forward, oper- Initially, when the administration X-band radar, the big powerful radar ational realistic testing by October 1 of talked about the rudimentary deploy- originally designed for the system. 2005 is a very laudable goal. I hope we ment of a national missile defense sys- Then there is the interceptors ele- can follow through and carry it out. tem, they conceived of a system with ment which is the subject of this Ultimately, we want to get the whole 20 interceptors. Suddenly, this year, amendment. Originally, as I indicated, system back into the situation of prac- they have moved forward and added an the plan was to have 20. Now the ad- tically every other major defense pro- additional 10 interceptors, interceptors ministration is talking about 40. The gram; that is, before deploying the sys- 21 through 30. More than that, they re- interceptors have not been tested to- tem, build the system, go to produc- quested an additional long lead time gether with the new ‘‘kill’’ vehicle. In tion, and that you have actually done funding for interceptors 31 through 40. fact, the new kill vehicle, the warhead operational testing, independent oper- That is an unwise use of very scarce that sits on top, has not even been ational testing, supervised, conducted, resources at a time when we are trying flight tested. As a result, we are rush- monitored by Dr. Christie and his col- to expand the size of the Army, when ing into this deployment. In fact, the leagues in the Defense Department Of- we are trying to do so many things whole system has not been tested. So fice of Director of Operational Testing that are putting huge pressure on the bits and pieces have been tested. It is and Evaluation.

VerDate jul 14 2003 04:18 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.022 S18PT1 June 18, 2004 CONGRESSIONAL RECORD — SENATE S7039 One other point I make, in the dis- ing according to the standard proce- in 2005, consistent with the Secretary’s cussion yesterday, there was some dures that are in place in the Depart- criteria for realistic testing. Yet the mention of how this system was going ment of Defense. Reed amendment before us would pro- to protect us from threats around the With that, I yield the floor. hibit the Department from using funds world, including threats from Iran. The PRESIDING OFFICER (Mrs. for additional interceptors in 2005, This system is exclusively designed to DOLE). The Senator from Alabama. until the approach to testing rejected protect from a missile launch from Mr. SESSIONS. Madam President, I by the Senate yesterday is not only North Korea. It will provide no protec- rise in opposition to the Reed amend- adopted but completed. So the Senate tion from a missile launch from any ment, but I would note that Senator has spoken on this issue. other point on the globe, as far as I can REED has certainly done a lot of work Further, the amendment we are con- tell. It is not a comprehensive system on this issue. Yesterday, Senator WAR- sidering, if adopted, would do serious defending the United States. It is a NER proposed a second-degree amend- harm to the Nation’s ability to defend limited system focused on North ment that incorporated a number of itself from long-range missile threats. Korea. the concerns the Senator had about While we have no defense today against One can fairly ask, if North Korea is missile defense. This amendment today long-range ballistic missile attack, we such a dangerous threat that requires would cover much of the same ground are on track to field a missile defense this very hasty emergency deployment that was considered in the amendment test bed that will provide an early, lim- of a missile system, why are we with- offered by Senator REED yesterday. ited capability to defend against long- drawing troops from North Korea, That amendment was adopted by the range missiles later this year. ground forces that could complement Senate and modified, as I noted, by Our goal is to have five missiles in our diplomacy? We are we not taking Senator WARNER. place in September that have the capa- aggressive diplomatic steps to try and The amendment today uses the same bility of knocking down attacking mis- disarm North Korea when they have approach to testing as the amendment siles whether they come from any place made it clear they have nuclear mate- yesterday, but it has the additional on the globe, protecting the entire rial. They very well may have fash- disadvantage of imposing a very sig- United States by placing them in this ioned multiple nuclear weapons in the nificant cost to the Missile Defense geographically perfect spot in Alaska last year while we have been trying to Program and to our ability to defend that allows us to protect the whole country. negotiate but doing so unsuccessfully. the Nation from long-range missile at- I think most people need to remem- Again, this raises the whole question tack. It would prohibit expenditure of ber that. People made fun of this. They of how do you deal with these threats fiscal year 2005 funds for ground-based said it could not be done, a system like through this very expensive, very lim- interceptors until initial operational this would not work. But it is going to ited missile defense system or through test and evaluation is completed. And be deployed in September. What this other means complementing the devel- that has a technical and important amendment would do is stop the assem- opment of the system. I argue, of legal definition. bly of additional missiles that are now course, that we have to be much more I remind my colleagues, the Warner second-degree amendment, adopted ongoing, block the assembly line that aggressive diplomatically with the really needs to continue for at least a North Korean situation; that we have yesterday, requires the Secretary of Defense to establish criteria for real- year, maybe two. I think that is the to do it from a position of strength. biggest problem we have with it. istic testing of ballistic missile defense That position is not enhanced when we The kind of testing and evaluation systems and to conduct a test con- take out troops. and development we are doing today, I also suggest if we did that, we sistent with those criteria in 2005. The through a spiral development type con- would have the time to develop this Senate approved this approach, rather cept, is to move forward, to get this than the Reed approach, which would system properly, to declare it de- system up. As Senator REED’s chart ployed—not now, but when we have had require operational tests and evalua- showed, we have ships at sea. We have a test of the entire system, of all the tion of each configuration of the BMD early radar warning systems. We have elements, so that we know this system system. communications systems. will work and it will work effectively. Indeed, the Senator’s amendment We have to have command systems An interesting final point I make is today is much more demanding because as well as the missile and its technical that in the discussion yesterday about unlike the one yesterday, it would re- capability to hit an incoming missile. operational testing, there was an ex- strict the ability to acquire additional The tests so far have proven that the ample given about the Patriot system, missile defense interceptors until such existing capabilities of the guidance which is the PAC–3 system. That is a testing is completed. systems that we have enable an Amer- complicated missile system, hit-to-kill During the debate yesterday, we ican antiballistic missile to knock technology, the same basic technology noted that the Department of Defense down an incoming missile with re- that will be employed in this national Director of Operational Test and Eval- markable certainty. It is a remarkable missile defense system. uation believes that operational test scientific achievement. Someone said We talk about this midcourse sys- and evaluation for ground-based mid- recently, it is equivalent almost to tem. It did extremely well in all its de- course missile defense elements—the putting a man on the Moon. velopmental tests, and then it had kind of testing the Senator is pro- It has been done. We are there. We do operational tests. They had four con- posing—is premature and not helpful to not need to slow this down. But there secutive operational test failures; that that effort. We note the need for flexi- is no doubt in my mind that as we go is the PAC–3. bility to incorporate developmental forward additional tests will be con- Now, certainly we do not want a situ- goals into missile defense testing so ducted, that additional scientific and ation where the first operational test is that the missile defense system can technological advancements will be the acquisition of an incoming missile continue to evolve and improve over brought on line. We will continue to from a hostile power, and we don’t time. These developmental goals are improve this system as we go forward know if we are going to have the PAC– precluded, by law, from operational with it. 3 record of four failures in a row or we test and evaluation. We have had a lot of debate on na- are going to do much better. I think We noted that the Warner amend- tional missile defense. I know people that, essentially, is where we are ment provides the flexibility to include have different ideas about how it ought today. developmental goals and avoids the to be developed. We have put some real So my amendment, in summary, cost delay involved in significant re- faith in General Kadish and his team at which will be disposed of next week, planning of the test program. All these National Missile Defense. I think they would condition the acquisition of arguments are relative to the amend- have proven worthy of the faith we interceptors 21 through 30—the new re- ment before us today as well. have put in them. We gave them flexi- quirement that sprung up this year, So I note again that the Warner bility. We did not try to micromanage after years of looking at 20—it would amendment, adopted by the Senate what they were going to do. We chal- condition it on having operational test- yesterday, requires a test be conducted lenged them to produce a system that

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.025 S18PT1 S7040 CONGRESSIONAL RECORD — SENATE June 18, 2004 could be deployed this year. We gave that some things work better than we (B) by redesignating paragraph (11) as them the ability to develop and move thought. But until we get the system paragraph (12); and forward in a way they thought best. If in the ground, I don’t think we can do (C) by inserting after paragraph (10) the they believed changes needed to be im- the kind of realistic testing that we following new paragraph (11): need, testing the command center, the ‘‘(11) INAPPLICABILITY TO VETERANS WITH plemented differently from what they DISABILITIES RATED AS 100 PERCENT AFTER CAL- thought when they first started, we advanced radar, the communications ENDAR YEAR 2004.—This subsection shall not gave them flexibility to do that. They systems, and all of that. I am com- apply to a qualified retiree described by are coming forward in a great way. mitted to this spiral development sys- paragraph (1)(B) after calendar year 2004.’’. I am proud of what General Kadish tem in which we don’t straitjacket our- Mr. REID. Mr. President, it seems has accomplished and what Admiral selves but continue to develop as we that every year at this time I come to Ellis has stated and his confidence in test. I think your amendment would the floor to offer an amendment on be- this system. I believe we have been limit the development and go back to half of America’s disabled veterans. It very fortunate to have top-flight peo- the more traditional firm testing, step is something that I have become accus- ple in charge of this program. If not, by step. I respect your view on it, but tomed to and something that the vet- we would not be nearly as far along as I think we should go the other way. erans expect of me. we are. I do not think we ought to con- I suggest the absence of a quorum. The amendment I offer today, and The PRESIDING OFFICER. The strict them with this amendment. have for many years, deals with con- I respect the Senator’s goals. I know clerk will call the roll. The legislative clerk proceeded to current receipt, a subject first brought he has studied it carefully. He believes call the roll. to my attention many years ago by a this would help. But at this point I Mr. REID. Madam President, I ask disabled veteran. This is also called the think it would do more harm than unanimous consent that the order for veterans tax. good, and I oppose the amendment. the quorum call be rescinded. A disabled veteran told me in Nevada Mr. REED. Madam President, will The PRESIDING OFFICER. Without many years ago that he wasn’t allowed the Senator yield for a question? objection, it is so ordered. to receive both his retirement pay and Mr. SESSIONS. I am delighted to AMENDMENT NO. 3297, AS MODIFIED disability compensation at the same yield. Mr. REID. Madam President, I ask time. I thought he misunderstood what Mr. REED. I want to understand and unanimous consent that the pending the law was all about. His retirement make sure that I am accurate. In ref- amendment be laid aside and that we pay was being offset dollar for dollar erence to the system being deployed now call up amendment No. 3297, as by the amount of disability compensa- this September in Alaska, my under- modified, which is at the desk. tion he received. He said it was a re- standing, which I stated, is that it The PRESIDING OFFICER. Without striction found in U.S. law. I assumed would only provide coverage for essen- objection, it is so ordered. he was wrong because it seemed so un- tially the North Korean threat. And The clerk will report. fair. then I heard you say the system—it The legislative clerk read as follows: He was right. It was a law that had might be in the future—but the system The Senator from Nevada [Mr. REID] pro- been in effect for more than 100 years. would cover all threats. My sense is poses an amendment numbered 3297, as modi- The law was on the books and hundreds that this system that will be deployed fied. of thousands of disabled veterans were would cover North Korea. Mr. REID. Mr. President, I ask unan- having their retirement pay wiped out. Mr. SESSIONS. I believe it would imous consent that further reading of No other disabled Federal retiree was cover at least a good bit of the United the amendment be dispensed with. being subjected to this tax; only those States against a Middle Eastern threat, The PRESIDING OFFICER. Without who retired from the U.S. military. and it could be effective against other objection, it is so ordered. So with the help of my colleagues, es- threats. But, obviously, the main The amendment is as follows: pecially Senators WARNER and LEVIN, threat at this point—the ultimate goal (Purpose: To repeal the phase-in of concur- and at a later time Senator MCCAIN, we is to provide a system that can protect rent payment of retired pay and veterans’ have been chipping away at this unfair disability compensation for veterans with us from all threats. a service-connected disability rated as 100 restriction for a number of years. With Mr. REED. I understand, as the sys- percent) their help, we have made some tem is eventually designed to be. But, At the end of subtitle D of title VI, add the progress, I think considerable progress. if you will indulge me, I also under- following: At first, it was a tiny bit, and it be- stand that other radars have to be put SEC. 642. REPEAL OF PHASE-IN OF CONCURRENT came bigger and bigger, until last year in place beyond Cobra Dane, beyond RECEIPT OF RETIRED PAY AND VET- we took a major step forward. We had the Aegis systems that they have not ERANS’ DISABILITY COMPENSATION been looking for full concurrent re- FOR VETERANS WITH SERVICE-CON- yet put in place. There are other ele- NECTED DISABILITIES RATED AS 100 ceipt, but last year we ended up with a ments that have to be in place for a PERCENT. compromise agreement that ends the more comprehensive system. Section 1414 of title 10, United States Code, restriction on current receipt for com- The other point on which I raise a is amended— bat-disabled retirees and those retirees question is the simple fact reflected in (1) in subsection (a)(1)— who have a service-connected dis- (A) by inserting after the first sentence the Mr. Christie’s letter. This isn’t a ques- following new sentence: ‘‘During the period ability rated at least 50 percent. tion of logic as much as technology. He beginning on January 1, 2004, and ending on Had we had this law changed 20, 30, or seems to be saying the system is so December 31, 2004, payment of retired pay to 40 years ago, many more people would premature or has a lack of maturity such a qualified retiree described in sub- have been able to apply for it. Sadly, such that you can’t do operational section (c)(1)(B) is subject to subsection each day of every year more than 1,000 testing. I must say, I find it difficult, (c).’’; and World War II veterans die. Even though then, to say we can’t do operational (B) in the last sentence, by inserting we have almost 30,000 people still eligi- testing but we are going to put it in op- ‘‘(other than a qualified retiree covered by ble for these benefits, many who should the preceding sentence)’’ after ‘‘such a quali- eration. That is the situation we face fied retiree’’; and have received them are now gone. So in September. But that is more of a (2) in subsection (c)— our step last year was an important comment than a question. (A) in paragraph (1)— step forward, but it was far from per- I thank the Senator for his kindness. (i) in subparagraph (A), by inserting fect. Mr. SESSIONS. I know the Senator ‘‘(other than a retiree described by subpara- Many tens of thousands of disabled has studied this carefully, and I respect graph (B))’’ after ‘‘the retiree’’; veterans are still not covered under him for that. We have made a commit- (ii) by redesignating subparagraphs (B) last year’s agreement, and even those ment to go forward and deploy. We through (F) as subparagraphs (C) through who are covered have to wait a full 10 have done a good deal of testing to (G), respectively; and years before their offset in retirement (iii) by inserting after subparagraph (A) date. We are going to need to test the the following new subparagraph (B): pay is completely eliminated. That is a whole system. The Senator is right. We ‘‘(B) For a month for which the retiree re- long time to wait, particularly for the may find that some difficulties exist ceives veterans’ disability compensation for severely disabled and especially for that need to be dealt with. We may find a disability rated as 100 percent, $750.’’; veterans of the Korean conflict and

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.029 S18PT1 June 18, 2004 CONGRESSIONAL RECORD — SENATE S7041 World War II because the average age This is a matter that will be voted defense issue and still show the ac- of those individuals is 83 for a World on. If the committee decides not to ac- countability we needed. We had that War II veteran and over 70 for a Korean cept it, we will vote on this issue. I feel vote and the Warner amendment was war veteran. confident that it will be very difficult adopted as a second-degree amendment My amendment that I offer today for people to return home and look a on the Reed amendment. We resolved does a simple thing. It eliminates the 100-percent disabled veteran in the face that issue. But here again we are talk- 10-year phase-in period for the most se- and say: We couldn’t afford to pay you ing about the same issue. verely disabled; that is, those who are now. Wait a while. I certainly don’t quarrel with the rated 100-percent disabled. As I indi- I cannot ask for the yeas and nays, need to conduct operational realistic cated, there are about 30,000 of those but I will at the appropriate time. I testing. We recognized that yesterday. 100-percent disabled veterans. Their av- suggest the absence of a quorum. Everyone supports that, so much so erage age is 59 years old, which takes The PRESIDING OFFICER. The that this body voted, as I said, strong- into consideration the conflicts in clerk will call the roll. ly. They didn’t just vote for it, they Vietnam, the Persian Gulf war, and The legislative clerk proceeded to strongly voted in favor of the Warner many other battles we have fought call the roll. amendment yesterday, which requires over the years. Mr. REID. Madam President, I ask such a test to be conducted next year Most of these thousands of veterans unanimous consent that the order for so we can get that behind us and move are disabled from their military serv- the quorum call be dispensed with. on. We address it in terms of realistic ice, and they cannot work anymore. The PRESIDING OFFICER. Without testing instead of operational testing, Rarely do we find someone 100-percent objection, it is so ordered. which would be much more restrictive. disabled who can work, but there are AMENDMENT NO. 3196 But this amendment would cause se- some. Typically, these cases include Mr. REID. Madam President, I ask rious harm to the effort to defend our conditions that run the whole spec- that my amendment be set aside and Nation from missile attack. It is a trum. Some are medical concerns. we return to amendment No. 3196. delay in our moving forward. In fact, it Some are as a result of actual injuries The PRESIDING OFFICER. Without would disrupt the production lines to a received. Remember, these are service- objection, it is so ordered. point where it may even put the total Mr. REID. Madam President, there is connected disabilities. There are some program in severe jeopardy. By fencing no further debate on this amendment. with chronic illnesses who have been these funds, the amendment would pre- I, therefore, ask that we vitiate the diagnosed during active duty and the vent obligation or expenditure of fiscal yeas and nays. The amendment has disease progression prevented a second year 2005 funds for the next ground- been reported. This is the Durbin career. based midcourse missile interceptors amendment that has been debated this Madam President, 100 percent is the until completion of initial operational morning. highest disability rating given by the test and evaluation. The PRESIDING OFFICER. The Department of Veterans Affairs, and it I know some Senators have main- question is on agreeing to amendment is always associated with decreased life tained this is not a cut to the program. expectancy. So a 10-year phase-in for No. 3196. The amendment (No. 3196) was agreed To plan, conduct, and assess a formal these veterans to receive full disability to. operational test—just one test—would and retirement payment will not be re- Mr. REID. I move to reconsider the take the Missile Defense Agency and alized by many of them. Many will sim- vote, and I move to lay that motion on the Director of Operational Test and ply not live long enough to reap the the table. Evaluation a year or more. benefits of full concurrent receipt. The motion to lay on the table was The fact is, the fiscal year 2005 funds Let me give an example about the agreed to. requested could not be executed in fis- harsh financial impact caused by this Mr. REID. I suggest the absence of a cal year 2005. That is the problem. In long phase-in period. One disabled vet- quorum. effect, this is a deep cut to a very im- eran from Nevada who served 24 years The PRESIDING OFFICER. The portant effort. in the Air Force wrote to me recently. clerk will call the roll. This reduction would cause serious She is 100-percent disabled. Under last The legislative clerk proceeded to disruption in the effort to acquire addi- year’s 10-year implementation scheme, call the roll. tional interceptors. The contractors she still forfeits $1,571 of earned retired Mr. ALLARD. Madam President, I making the interceptors would have to pay every month. Since retiring from ask unanimous consent the order for interrupt their efforts. Subcontractors the Air Force in 1991, she has forfeited the quorum call be rescinded. would be lost. Key personnel would be $275,000 of retired pay. If we keep the The PRESIDING OFFICER. Without lost. Valuable manufacturing experi- 10-year phase-in period as is, she will objection, it is so ordered. ence and processes would also be lost. forfeit an additional $80,000. For a per- AMENDMENT NO. 3353 Requalifying, then, these subcontrac- son unable to work because of a serv- Mr. ALLARD. I rise in strong opposi- tors and retraining workers and re- ice-connected disability, every dollar tion to Reed amendment No. 3353, learning the manufacturing process counts and this offset becomes puni- which fences the funds for ground- takes time and money. The projections tive. based midcourse interceptors pending are it would delay the program up to This amendment that is now before completion of initial operational test 21⁄2 years and cost taxpayers more than the Senate pays the most severely dis- and evaluation. $250 million extra. abled now at a fraction of the cost of In effect we have already had that de- Ironically, the loss of expertise and last year’s concurrent receipt bill. We bate, and I find it perplexing that here experienced personnel, and the effort to do not create a new benefit. We simply we are, having that same issue intro- retrain and requalify, inevitably in- want to pay those most severely dis- duced again in the form of another volves increased technical risk, exactly abled now, instead of waiting until Reed amendment on the floor of the the opposite result which I know Sen- they are dead and, therefore, not able Senate. I think we adequately ad- ator REED hopes to achieve. to receive it. dressed it yesterday when we had a Let me make several key points. This is a compromise. I want every Reed amendment at that particular First of all, the GMD effort is threat disabled American veteran not to have time where he put in some require- driven. North Korean ballistic missiles to give up any part of their pay. This is ments for operational testing, and we already pose a serious threat to the a compromise. We are not expanding second-degreed that with the Warner United States. The justification for the the law in the sense that we are going amendment where we talked about additional 10 interceptor missiles is to to include people rated differently than modifying that in a way so that we defend the country. It is clear for all 50 percent, but we are going to allow maintain flexibility with the Secretary those who want to look at the evi- these people, the 100-percent disabled, of the Department of Defense, yet had dence. Delay will leave us critically to get their money now. I think they some accountability. short of assets to defend ourselves. deserve this. I think it is so unfair we There was a policy set forward where Second, the Commander of U.S. Stra- do not do it. we could move forward with the missile tegic Command has expressed concern

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.033 S18PT1 S7042 CONGRESSIONAL RECORD — SENATE June 18, 2004 with efforts to reduce the number of Tuesday. I have heard the possibility our experts in the area of taking care GMD interceptors. He supports the that we could have maybe six or seven of our military, it would not have been early exploitation of the operational amendments on Tuesday. If we are for- done. capabilities inherent in the BMD test tunate, we will be able to finish the bill I am so grateful for the help of Sen- bed and believes the GMD element pro- sometime late that night. ator LEVIN and Senator WARNER. The vides him with a useful military capa- Mr. WARNER. I again appreciate the veterans around the country know bility and enhances deterrence. Senator’s assistance. We, frankly, have that. They know I was the guy out Third, the Director of Operational no more amendments on our side that yelling and screaming. But they know Test and Evaluation, the Department’s I know of. Possibly one. I appreciate the two individuals who made sure we chief tester, as I like to refer to him, the cooperation which the other side got something done every year—the wrote in a letter to me that oper- has given to this matter. first year I introduced this, it was not ational testing for a GMD element is I suggest the absence of a quorum. a shutout. The first year we got a little premature and would not be helpful to The PRESIDING OFFICER (Mr. bit. The second year we got more. We the program. I have introduced that SUNUNU). The clerk will call the roll. have continued to the point where we letter into the RECORD in previous de- The legislative clerk proceeded to now are at 50 percent. Those people bates. This is in direct contradiction to call the roll. who are 100-percent disabled will start the direction of this amendment. Mr. WARNER. Mr. President, I ask receiving their money the minute the The Director, Mr. Christie, has testi- unanimous consent that the order for President signs this most important fied that he supports the BMD test pro- the quorum call be rescinded. bill. gram and how it is being conducted, The PRESIDING OFFICER. Without I appreciate the comments of the that the testing of the ground-based objection, it is so ordered. gentleman from Virginia, because cer- midcourse element is appropriate, and AMENDMENT NO. 3297 tainly he is that. But, also, I want to that he provides operational assess- Mr. WARNER. Mr. President, I see pat him on the back because he cer- ments on a continuing basis. the distinguished Democratic whip on tainly deserves it. Fourth, this amendment offers no the floor. He has a pending amend- The PRESIDING OFFICER. The Sen- real benefit to the GMD test program. ment. We are prepared to accept it on ator from Virginia. It is characteristic of a spiral develop- this side. Mr. WARNER. Mr. President, I say to ment program such as the ballistic The PRESIDING OFFICER. The Sen- the Senator, I appreciate your senti- missile defense development effort to ator from Nevada. ments. Thank you very much. And fur- incorporate both developmental goals Mr. REID. Mr. President, it is amend- ther I sayeth not, except I want to add, and operational goals and testing. The ment No. 3297. we have had a good day on this bill. We GMD testing already incorporates The PRESIDING OFFICER. The have adopted several amendments. We operational goals in each of its tests question is on agreeing to the amend- have laid down others that will be com- and, as I noted, the Director of OT&E ment, as modified. pleted on Monday and Tuesday. Again, already provides operational assess- The amendment (No. 3297) was agreed I thank all colleagues for their co- ments based on this testing. to. operation, particularly the leadership. I believe this amendment provides no Mr. REID. I move to reconsider the Mr. BIDEN. Mr. President, in a few benefit, absolutely no benefit to the vote. months, the administration will an- GMD effort and, in fact, will do signifi- Mr. WARNER. I move to lay that mo- nounce that a national missile defense cant harm to our national defense. tion on the table. has been fielded in Alaska. Nobody in I urge my colleagues to oppose this The motion to lay on the table was this body will be fooled by that an- Reed amendment. agreed to. nouncement. We know smoke and mir- I yield the floor. The PRESIDING OFFICER. The Sen- rors when we see them, and that is Mr. WARNER. Mr. President, I thank ator from Virginia. what the so-called ‘‘rudimentary’’ mis- our colleague. That leaves the Reed Mr. WARNER. Mr. President, may I sile defense will be. amendment for further discussion on add, in the many years I have worked The Bush campaign will say that he Monday. Am I correct on that? with the distinguished leader from Ne- kept his promise to defend America Mr. ALLARD. That should do it, yes. vada, this is an issue which he has sin- against an attack by intercontinental Mr. WARNER. Thank you. glehandedly, in so many instances, ballistic missiles, but they won’t admit Speaking with the distinguished taken the role to care for veterans, that it doesn’t work. And they won’t Democratic whip, I believe we are clos- particularly those who carry the mention the price, both in dollars and ing in on the final matters on this bill. wounds of war or the wounds that have in the diversion of high-level attention One end I am going to try to tie down, been incurred in the course of their from the truly pressing threats to our then it would be my intention, subject service to the country. national security. to leadership concurrence, to close out I say to the Senator, this is a further For those reasons, it is absolutely today’s activities on the bill and go chapter in that long and distinguished vital that we approve the amendment into a period for morning business; is history of your personal intervention offered by Senator REED of Rhode Is- that correct? on their behalf, and I commend you, land. No complex weapons system Mr. REID. Madam President, that is sir. should be deployed with as little evi- true. We already have people lined up The PRESIDING OFFICER. The Sen- dence as we have today that the sys- for Monday for amendments. We have ator from Nevada. tem could ever succeed in wartime. It Senators DAYTON, BYRD, BINGAMAN, Mr. REID. Mr. President, the Senator is astounding that the President’s de- LEVIN, and we have a number of people was off the floor when I gave my state- sire to field a system by this October on Tuesday. We are about to finish this ment. Senator SESSIONS was covering takes precedence over the need to en- piece of legislation. the floor. But I was quite effusive in sure that the system will work. The ad- Mr. WARNER. If I may say, Madam my praise of the chairman and the ministration’s pursuit of missile de- President, I feel we are mutually ranking member. These years we have fense has been anything but smooth. reaching the goal established by Sen- worked on this issue have been tough First, it put on hold the program in- ator REID and the majority leader and years. There have been monetary con- herited from President Clinton. Then it the distinguished Democratic leader. I cerns on what we have to do for the decided on a defense remarkably simi- think we are getting excellent coopera- military. lar to that one, but with a requirement tion from all Senators, and we will be Had it not been for the breaking of that a so-called ‘‘Alaska test bed’’ be able to conclude this matter. new ground by the chairman and rank- made operational by October 2004. Mr. REID. We have a couple of ing member—this law has been in ef- After a test failed in December 2002, votes—maybe as many as three votes— fect for more than 100 years—even the administration actually reduced on Monday, if necessary, but we will though I was the person who was advo- the number of intercept tests to be have to see what happens on Tuesday. cating this, but for the understanding conducted before deployment, in order There could even be more than that on of the two people we hold out as being not to delay the deployment date. It

VerDate jul 14 2003 03:02 Jun 19, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.037 S18PT1 June 18, 2004 CONGRESSIONAL RECORD — SENATE S7043 has not conducted a single intercept credit where credit is due: they are gram, that was apparently still at an test since then, let alone one using the downright literary. I do wonder, experimental stage. intended booster, the actual kill vehi- though, whether they ever got beyond But the administration refused to cle, the planned radar, the space-based Chapter 1. If they had read Chapter 11 build on President Clinton’s work. It infrared satellite that would be vital to of Don Quixote, they would have dis- delayed any engagement with North the success of this system, or anything covered that his helmet was demol- Korea throughout 2001, insulting South approaching a realistic test geometry ished in its first encounter with an Korea’s President and undercutting our or target set. enemy. That is why Don Quixote ended own Secretary of State in the process. Very little, if any, of this will be ac- up putting a barber’s washbowl on his There were persistent rumors that complished before the administration head. administration officials viewed missile claims its schedule-driven success. There is a clear lesson here, and it is defense, rather than negotiations, as General Kadish has already said that a lesson that Cervantes understood the real answer to any North Korean the next test might be delayed until fully 400 years ago. Testing is not a threat. The North Korean threat was, the fall. one-time exercise. After you make in turn, a widely cited justification for Mr. Thomas Christie, Director of the your corrections to the system, you pursuing a national missile defense and Pentagon’s Office of Operational Test have to test again. and the reason for withdrawing from the ABM Treaty. and Evaluation, wrote in his most re- testing is so as not to field a system So here we are in 2004, and what do cent annual report: that will fail. we have? The North Korean missile threat is still uncertain, since there Delays in production and testing of the The administration will say that it is two booster designs have put tremendous employing ‘‘spiral development,’’ under have been no further flight tests of pressure on the test schedule immediately which weapons are deployed in an ini- long-range North Korean missiles. But prior to fielding. At this point, it is not clear tial configuration that is then im- if North Korea ever does field an ICBM, what mission capability will be dem- proved through regular upgrades. That there is a much better chance now that onstrated prior to initial defensive oper- concept assumes, however, that the ini- it will carry a nuclear weapon. Four ations. tial configuration is at least workable. years ago, we guessed that North Korea In February, the General Accounting In missile defense, it is not clear that had one or two nuclear weapons; now Office wrote: we have even made it to the barber’s we reportedly think they have at least No component of the system to be fielded washbowl. eight, with perhaps more on the way. by September 2004 has been flight-tested in To declare that a system protects the Has this administration’s policy its deployed configuration. Significant un- American people when none of its real made us safer? It doesn’t look that way certainties surround the capability to be to me. What has happened, however, is fielded by September. components has been tested realisti- cally is really to deceive the American that the stakes in missile defense have Two months ago before the Senate people. The decision to decrease near- gotten higher. If faulty missile defense Armed Services Committee, Mr. term testing in order to maintain a de- were to let a North Korean missile Christie agreed with Senator REED’s ployment date weeks before the next through with a high explosive warhead, statement that: election demonstrates neither realism or even a chemical weapons warhead, At this time, we cannot be sure that the nor wisdom. that would be one thing. But if a mis- actual system would work against a real sile gets through with a nuclear weap- North Korean missile threat. The administration’s fixation on mis- sile defense has also blinded it to the on, then say goodbye to Honolulu or The Union of Concerned Scientists opportunity costs of its pursuit of that Seattle or San Diego. has noted that, given the limited capa- goal. As Richard Clarke later reported, That gets back to the matter of real- bilities of the Cobra Dane radar in the administration was so focused on istic testing. it is one thing to have Alaska and the SPY–1 radar on a ship missile defense and the ABM Treaty in ‘‘spiral development’’ of a new bomb, in the Pacific Ocean, this system would 2001 that it paid too little attention to or even a new airplane. The loss of life leave Hawaii essentially undefended. In the growing threat of al Qaeda ter- in the ‘‘learning by doing’’ phase will fairness, there is a precedent for the rorism. be tragic, but limited. It is quite another thing to tell the administration’s approach. It is a very It also put on hold, throughout 2001, American people to put their trust in a old and famous precedent. You can find our important nonproliferation pro- ‘‘rudimentary’’ missile defense that it in Chapter 1 of Don Quixote by grams in the former Soviet Union, could well permit the destruction of Miguel de Cervantes. which help to keep Russian weapons, whole American cities. The Reed Don Quixote checks out his old hel- materials, and technology out of the amendment won’t stop missile defense. met, which he has been restoring: hands of rogue states or terrorists. In order to see if it was strong and fit to In the wake of September 11, when All it does is redress the balance, a lit- stand a cut, he drew his sword and gave it a the administration was given a choice tle, between feckless deployment and couple of slashes, the first of which undid in of spending $1.3 billion on missile de- desperately needed testing. an instant what had taken him a week to do. Whether we like our missile defense fense or on countering terrorism, it The ease with which he had knocked it to program or not, we should all vote in still opted to spend the funds on mis- pieces disconcerted him somewhat, and to favor of testing it. If we need a missile sile defense. The difficult situation in guard against that danger he set to work defense, then we need one that does again, fixing bars of iron on the inside until which we find ourselves today regard- more than raise a ‘‘Mission Accom- he was satisfied with its strength . . . ing North Korea may be yet another plished’’ banner in Alaska. It is time to So far, so good. This is what we do result of the administration’s missile stop acting like Don Quixote and start whenever an interceptor fails to hit its defense fixation. The administration inherited a heeding the wisdom of Cervantes. target in a flight test. My guess is that I urge my colleagues to vote for the mixed, but hopeful, situation from this is what the Missile Defense Agen- Reed amendment. cy did after the December 2002 test. President Clinton: North Korea’s spent But note what Don Quixote does nuclear reactor fuel, except for enough f next: to make one or two nuclear weapons, MORNING BUSINESS . . . and then, not caring to try any more which had been illegally reprocessed in Mr. WARNER. Mr. President, I ask experiments with it, he passed it and adopted the 1980s, was being safely canned and unanimous consent that the bill now be it as a helmet of the most perfect construc- stored under U.S. and IAEA observa- laid aside and the Senate proceed to a tion. tion. American access to a suspect un- period of morning business, with Sen- Does that sound familiar? The Mis- derground site had created an inspec- ators permitted to speak for up to 10 sile Defense Agency did about the same tion precedent that might be enlarged minutes each. thing: they decided to do fewer inter- upon in other agreements. Negotia- The PRESIDING OFFICER. Is there cept tests, rather than more, and to tions were proceeding on a deal to end objection? defer nearly all of those tests until well North Korea’s long-range missile sales. Without objection, it is so ordered. after this missile defense ‘‘helmet’’ is And while North Korea was engaged in Mr. WARNER. Mr. President, I sug- fielded. So let’s give the Pentagon an illegal uranium enrichment pro- gest the absence of a quorum.

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