Floor Statements

Mr. President, I rise today to introduce this morning a bill on which my distinguished colleagues from Minnesota and Maine and I have collaborated. That is the Older Americans Prescription Drug Tax Relief Act. I will speak a minute or two on it, then should the Senator from Minnesota desire to speak to this, I will yield to the Senator and then resume the balance of my statement.

By way of introduction, all Members of this body have heard the tragic stories about older Americans who must choose between paying for their groceries and paying for their medicines. Many older Americans are forced into this choice because, unbelievably, the Medicare program still lacks an outpatient prescription drug benefit. America's seniors deserve much better.

Our President, the House of Representatives, and every single Member of this Senate, all 100 Members, share the common goal of enacting a comprehensive Medicare prescription drug benefit. Over the years, we worked diligently to achieve those goals but have yet not reached what I would consider, and I think others would consider, success. We have all worked in support of this vitally important goal, but, again, success has alluded us. Unfortunately, we have not been able to reach a consensus.

I hope this bill might be a new initiative that would merit the attention of my colleagues, and that it might provide a basis for that consensus. As we here in the Nation's Capital debate how best to add a Medicare prescription drug benefit and continue to debate the specifics of such benefits such as premiums, co-pays, deductibles, formularies, and whether to run the program through the existing Medicare system or through a public-private partnership, our seniors continue to suffer. Medicare beneficiaries have waited far too long for Congress to provide some sort of relief for their prescription drug costs.

I remain committed, as are my distinguished colleagues from Minnesota and Maine, to working with our colleagues on creating a comprehensive prescription drug benefit in the Medicare program. I believe we must act now, however, to provide some relief at this point in time. We cannot defer this decision any longer. The Warner-Dayton-Collins proposal will provide real relief to Medicare beneficiaries. The legislation is simple and can be described in three points.

I thank my distinguished colleague for responding. I wish to emphasize a very important point the Senator from Minnesota made.

This may not be the final resolution of this complex set of issues. But given the desperate circumstances of so many who have to make the choice between food and drugs, I think it is a very carefully crafted interim step that could be enacted into law and later quickly superseded should that hoped-for event occur in the future of a more comprehensive piece of legislation.

I think the emphasis on that is very important.

I would say, all of us here in the Senate benefit greatly by professional staff. On my staff, Chris Yianilos really worked diligently to bring this legislation into being and he collaborated with a distinguished member of your staff, Mr. Bob Hall. I also thank Priscilla Hanley, who worked with Senator Collins on the legislation.

The first is that the Warner-Dayton-Collins bill provides Medicare beneficiaries with a refundable--I repeat--a refundable tax credit of 50 cents on every dollar of out-of-pocket prescription drug costs. Whether you actually pay income taxes or not, you are eligible to get the benefit of this tax credit.

The benefit is capped at $500 for the expenses of an individual senior. Married seniors would be eligible for a credit up to $1,000. The cap is based on a recent study by the Kaiser Family Foundation that estimates that the average senior's out-of-pocket prescription drug costs is almost $1,000. Thus the proposal will cover 50 percent of the out-of-pocket drug costs for the average senior.

To take advantage of this refundable tax credit, Medicare beneficiaries will not have to worry about whether their drug is covered under some formulary. In addition, there are no premiums, no deductibles. Medicare beneficiaries will simply take their prescriptions, get them filled, and then apply for their refundable tax credit.

Second, in recognition that a generous but necessary refundable tax credit such as this can be costly, we have imposed a responsible income phase-out on older Americans who can benefit from this tax credit. The phase-out level begins for individuals who earn $75,000 per year. Married Medicare beneficiaries begin to phase-out of the benefit at $150,000 a year. This cost containment mechanism will affect less than 10 percent of all Medicare beneficiaries but allows us to responsibly provide a refundable tax credit that will cover about 50 percent of the average Medicare beneficiary's out-of-pocket drug costs.

Again 90 percent of all Medicare beneficiaries will not be affected by the phase-out. In other words, they are beneath the phase-out caps. Only those individuals who are blessed with a larger income among America's seniors, who can afford in large measure to pay for their prescription drugs, will be phased-out.

Third, the legislation will sunset once a comprehensive Medicare prescription drug benefit is signed into law. Again, as my colleague from Minnesota mentioned, and others, this is an interim proposal. Therefore, it can be superseded by a more comprehensive bill.

We wholeheartedly agree this legislation is not a substitute for a comprehensive prescription drug Medicare benefit, and we will continue to work with the President and our colleagues from both sides of the aisle in the Senate who support a more comprehensive piece of legislation. But as I stated earlier, America's seniors cannot wait any longer for relief, and this proposal provides a real benefit to America's seniors.

I am pleased to be joined by Senator Dayton and Senator Collins in introducing the Older Americans Prescription Drug Tax Relief Act. I urge my colleagues to give this matter consideration and, hopefully, it can be enacted into law.

Let us do something. Let us open the door and talk to the Cuban people.

Travel and other policies that deal with Cuba will continue to be a top priority for those of us in the newly formed Senate Cuba Working Group. The working group members have expressed their support for changes in our policies toward Cuba, and we will continue to be a part of the dialogue. I do encourage all of my colleagues to join us in that effort.

I encourage all of my colleagues to take a look at this bill that has been introduced today. I know there are people looking at it. I expect a lot more cosponsors on it. This is the most reasonable provision dealing with Cuba that has been presented during the 6 years I have been here. We have tried some bigger bites at the apple. They have not worked. So we are moving back to the travel restrictions, a bill that is very limited. It allows one to travel and to have those things that are necessary for travel. For instance, the right to take baggage to Cuba cannot be cut off. That is another way the law can be subverted. So it is a very straightforward travel policy that will get Americans into Cuba to talk to Cubans to promote the ideas we believe in. I ask my colleagues to join me in this effort.

Mr. President, I rise today to introduce this morning a bill on which my distinguished colleagues from Minnesota and Maine and I have collaborated. That is the Older Americans Prescription Drug Tax Relief Act. I will speak a minute or two on it, then should the Senator from Minnesota desire to speak to this, I will yield to the Senator and then resume the balance of my statement.

By way of introduction, all Members of this body have heard the tragic stories about older Americans who must choose between paying for their groceries and paying for their medicines. Many older Americans are forced into this choice because, unbelievably, the Medicare program still lacks an outpatient prescription drug benefit. America's seniors deserve much better.

Our President, the House of Representatives, and every single Member of this Senate, all 100 Members, share the common goal of enacting a comprehensive Medicare prescription drug benefit. Over the years, we worked diligently to achieve those goals but have yet not reached what I would consider, and I think others would consider, success. We have all worked in support of this vitally important goal, but, again, success has alluded us. Unfortunately, we have not been able to reach a consensus.

I hope this bill might be a new initiative that would merit the attention of my colleagues, and that it might provide a basis for that consensus. As we here in the Nation's Capital debate how best to add a Medicare prescription drug benefit and continue to debate the specifics of such benefits such as premiums, co-pays, deductibles, formularies, and whether to run the program through the existing Medicare system or through a public-private partnership, our seniors continue to suffer. Medicare beneficiaries have waited far too long for Congress to provide some sort of relief for their prescription drug costs.

I remain committed, as are my distinguished colleagues from Minnesota and Maine, to working with our colleagues on creating a comprehensive prescription drug benefit in the Medicare program. I believe we must act now, however, to provide some relief at this point in time. We cannot defer this decision any longer. The Warner-Dayton-Collins proposal will provide real relief to Medicare beneficiaries. The legislation is simple and can be described in three points.

I thank my distinguished colleague for responding. I wish to emphasize a very important point the Senator from Minnesota made.

This may not be the final resolution of this complex set of issues. But given the desperate circumstances of so many who have to make the choice between food and drugs, I think it is a very carefully crafted interim step that could be enacted into law and later quickly superseded should that hoped-for event occur in the future of a more comprehensive piece of legislation.

I think the emphasis on that is very important.

I would say, all of us here in the Senate benefit greatly by professional staff. On my staff, Chris Yianilos really worked diligently to bring this legislation into being and he collaborated with a distinguished member of your staff, Mr. Bob Hall. I also thank Priscilla Hanley, who worked with Senator Collins on the legislation.

The first is that the Warner-Dayton-Collins bill provides Medicare beneficiaries with a refundable--I repeat--a refundable tax credit of 50 cents on every dollar of out-of-pocket prescription drug costs. Whether you actually pay income taxes or not, you are eligible to get the benefit of this tax credit.

The benefit is capped at $500 for the expenses of an individual senior. Married seniors would be eligible for a credit up to $1,000. The cap is based on a recent study by the Kaiser Family Foundation that estimates that the average senior's out-of-pocket prescription drug costs is almost $1,000. Thus the proposal will cover 50 percent of the out-of-pocket drug costs for the average senior.

To take advantage of this refundable tax credit, Medicare beneficiaries will not have to worry about whether their drug is covered under some formulary. In addition, there are no premiums, no deductibles. Medicare beneficiaries will simply take their prescriptions, get them filled, and then apply for their refundable tax credit.

Second, in recognition that a generous but necessary refundable tax credit such as this can be costly, we have imposed a responsible income phase-out on older Americans who can benefit from this tax credit. The phase-out level begins for individuals who earn $75,000 per year. Married Medicare beneficiaries begin to phase-out of the benefit at $150,000 a year. This cost containment mechanism will affect less than 10 percent of all Medicare beneficiaries but allows us to responsibly provide a refundable tax credit that will cover about 50 percent of the average Medicare beneficiary's out-of-pocket drug costs.

Again 90 percent of all Medicare beneficiaries will not be affected by the phase-out. In other words, they are beneath the phase-out caps. Only those individuals who are blessed with a larger income among America's seniors, who can afford in large measure to pay for their prescription drugs, will be phased-out.

Third, the legislation will sunset once a comprehensive Medicare prescription drug benefit is signed into law. Again, as my colleague from Minnesota mentioned, and others, this is an interim proposal. Therefore, it can be superseded by a more comprehensive bill.

We wholeheartedly agree this legislation is not a substitute for a comprehensive prescription drug Medicare benefit, and we will continue to work with the President and our colleagues from both sides of the aisle in the Senate who support a more comprehensive piece of legislation. But as I stated earlier, America's seniors cannot wait any longer for relief, and this proposal provides a real benefit to America's seniors.

I am pleased to be joined by Senator Dayton and Senator Collins in introducing the Older Americans Prescription Drug Tax Relief Act. I urge my colleagues to give this matter consideration and, hopefully, it can be enacted into law.

Let us do something. Let us open the door and talk to the Cuban people.

Travel and other policies that deal with Cuba will continue to be a top priority for those of us in the newly formed Senate Cuba Working Group. The working group members have expressed their support for changes in our policies toward Cuba, and we will continue to be a part of the dialogue. I do encourage all of my colleagues to join us in that effort.

I encourage all of my colleagues to take a look at this bill that has been introduced today. I know there are people looking at it. I expect a lot more cosponsors on it. This is the most reasonable provision dealing with Cuba that has been presented during the 6 years I have been here. We have tried some bigger bites at the apple. They have not worked. So we are moving back to the travel restrictions, a bill that is very limited. It allows one to travel and to have those things that are necessary for travel. For instance, the right to take baggage to Cuba cannot be cut off. That is another way the law can be subverted. So it is a very straightforward travel policy that will get Americans into Cuba to talk to Cubans to promote the ideas we believe in. I ask my colleagues to join me in this effort.

Mr. President, I rise today to honor a friend and an outstanding citizen of the Commonwealth of Virginia, James A. Wilding, on the occasion of his retirement from the Metropolitan Washington Airports Authority. In the 25 years I have had the opportunity to serve in this body many Senators have come and gone. The faces of industry and its leaders have changed as well. In changing times Jim Wilding has been constant--always a trusted advisor to me and others for the more than 40 years he has served the Nation's capital airports.

In his role at the Authority, Jim is responsible for the management of two of our most important airports in the country--Washington Dulles International Airport and Ronald Reagan Washington National Airport. He has managed them through rapid growth, the transition away from Federal operation, and now into the new post 9/11 security paradigm. His vision is the result of strong knowledge, experience, and dedication to his craft.

Mr. Wilding began his career with the Federal Aviation Administration soon after graduating from the Catholic University of America in 1959 with a graduate degree in civil engineering. At the FAA, he participated in the original planning and development of Washington Dulles International Airport. I remember when that airport was being built--many scoffed at the idea. They questioned the need for a facility of that magnitude and objected to the seemingly rural location. Today we applaud the foresight that went into Dulles. Our transportation system relies on the balance between Dulles and Reagan. Jim Wilding has been an integral part of this visionary leadership.

Following the opening of Dulles in 1962, Mr. Wilding held progressively responsible positions in all phases of engineering for the two federally owned airports, eventually becoming the organization's chief engineer. He served as chief engineer until becoming the airports' deputy director in 1975, and then its director 4 years later.

Mr. Wilding served as the director of the FAA's Metropolitan Washington Airports organization from December 1979. In June 1987, the airports were transferred to the newly created Airports Authority, where he assumed his current position as president.

During his tenure as president and CEO of the Airports Authority, the Metropolitan Washington Airports Authority passenger activity at National and Dulles Airports nearly doubled to 31 million passengers in 2002. With this growth, he has overseen and managed a massive capital development program at both airports totaling well over $3 billion dollars. Under his leadership, Reagan National Airport was modernized with a new terminal building in 1997 which brought major improvements to airport traffic management and Metro system connections. At Dulles, he directed the expansion and construction of new concourses, the building of the airport's first parking garages, and is now managing a $3.2 billion capital improvement project. In addition, the Smithsonian will open its new Air and Space Museum later this year located at Dulles Airport.

Mr. Wilding's career is highlighted with many accolades, which, along with his outstanding performance, have earned him a national and international reputation as an aviation industry expert.

I wish to extend my sincerest congratulations to Mr. James A. Wilding on the occasion of his retirement. I am honored to recognize his many accomplishments to our region, applaud his service to our entire Nation's aviation transportation system, and to call him a friend.

Mr. President, for the Committee on Armed Services I report favorably the following nomination lists which were printed in the Record on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. President, I inquire of the distinguished leader, on our side, we are quite anxious to act on the nomination of MG Steven Blum to become the National Guard Commander. All 50 States are involved. The Armed Services Committee unanimously voted him out yesterday.

I thank the assistant leader. He represents so many guardsmen who are now fighting valiantly. I thank the Senator.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, this resolution reads in part in the whereas clauses that Saddam Hussein has failed to comply with United Nations Security Council resolutions, and we enumerate a series of resolutions that the military action now underway against Iraq is lawful and fully authorized by the Congress in section 38 of Public Law 107-243, which passed the Senate on October 10, 2002, by a vote of 77 to 23 and which passed the House of Representatives on that same day by a vote of 296 to 33.

The whereas clauses, which will be printed in the Record, are numerous but very important, each and every one of them. I shall not go through them all, but they are:

Resolved by the Senate, with the House of Representatives

concurring, that Congress express its outrage at the flagrant

violations by the Government of Iraq of the customary

international law and the Geneva Convention relative to the

treatment of prisoners of war dated August 12, 1949, and

entered into force October 21, 1950;

Further resolved, with the Senate supporting, in the

strongest terms, the President's warning to Iraq that the

United States will hold the Government of Iraq, its

officials, and military personnel involved accountable for

any and all such violations;

Further, expects Iraq to comply with the requirements of

the international law of war and the explicit provisions of

the Convention Relative to the Treatment of Prisoners of War

which afford prisoners of war the proper and humane treatment

they are entitled.

And lastly:

Expects that Iraq will afford prisoners of war access to

representatives of the International Committee of the Red

Cross, as required by the Convention Relative to the

Treatment of Prisoners of War.

Throughout today, the Senate has had a series of briefings from senior representatives from the Departments of Defense and State and over 50 Senators attended a briefing given by the Secretary of Defense, Mr. Rumsfeld, accompanied by the Chairman of the Joint Chiefs, Richard Myers.

So far as we know, to date, none of the requirements of international law have yet been met by--I say the Government of Iraq, as the resolution does--Saddam Hussein's regime.

Prisoners of war have always been a subject that is very important to the Congress of the United States. Just down this hallway in the historic Rotunda, capped by the dome which is seen throughout the Nation's Capitol, and which is viewed throughout the world as a symbol of liberty--beneath the Capitol dome hangs that flag. It has been there ever since I was privileged to join this institution, and this is my 25th year, a quarter of a century. It is there because of the constant feeling of the Congress for the unaccounted-for prisoners of war and our compassion for the families and the loved ones they leave behind. I just want all America to know how important POWs are to this institution.

The distinguished majority leader, Mr. Frist, the distinguished Democratic leader, Mr. Daschle, Mr. Santorum, Mr. Stevens, Mr. Inouye, Mr. McCain, myself, and others working very carefully--Senator Lugar joined us--put together, in very simple language, the expressions of this body of our concern for those unaccounted for in this war.

Today, I think our hearts were somewhat lifted, generally speaking, by the reports we received about the progress of the war to date. We watched, with the embedded journalists, as they are referred to, who risked their own lives and safety--a number having been lost

of recent days--to get the pictures, real time, so the world could see the statue of Saddam Hussein being dragged down to Earth, an act made possible by brave men and women of the coalition of forces fighting at this very moment in Iraq.

It was a historic moment today. For those of us who have had the opportunity to share in history, it brought back memories of the Berlin Wall. It brought back the memories of the American School, stories of when the Bastille fell and the prisoners were released.

A picture is worth a thousand words. Indeed, this was worth tens upon tens of thousands of words as the world witnessed.

Our President from the very first characterized this conflict as a war of liberation, a war where the coalition of the willing nations, primarily the United States, Great Britain, Poland, Australia--others that have contributed forces--a coalition of the willing to liberate the people of Iraq. We looked into the faces of many of those people today and shared with the world their joy--today in Baghdad; a day or two ago, Basra and elsewhere.

We were reminded just a few minutes ago by the Secretary of Defense and the Chairman of the Joint Chiefs that it is not over. Much could remain to be done. Our forces are committed. Our forces are in place. The sacrifices could once again result from the commitment of these brave young men and women of the Armed Forces of the United States. We are witnessing true liberation of an oppressed people, as our President, George Bush, said it would be.

It is important to remember that this moment could not have arrived without the bravery and professionalism and sacrifices of our young men and women in uniform. Those of us who have had the privilege of wearing that uniform in years past--and in a very modest way I have had that opportunity, together with many Members of this Chamber--I do not think we can recall a contemporary chapter in our lifetimes where we have seen a greater degree of professionalism, commitment, and bravery than by these troops. There were troops on the ground, troops in the air, sailors at sea--the precision with which the airmen have dropped their ordnance, often taking risks to protect as best we can in war the innocent people of this Nation of Iraq.

From the very onset we have made it clear we are not waging this conflict against those people. It is for those people and for their liberation. We must also acknowledge the exceptional professionalism, military professionalism of those who drew up this plan. There was none quite like it in the annals of military history. It had bold features, which historians will study for years to come. But Secretary Rumsfeld and General Tommy Franks, the CENTCOM commander, and others put it together. There were periods when some--not this Senator but some-- questioned whether it was properly drawn up. But now I think without a doubt in the minds of any reasonable people, that plan is working well. It will continue to work well. It will fulfill the goals for which this conflict, by necessity of the failure of diplomacy, was initiated.

It is also important to remain cautious and vigilant. We were reminded of that again in the past hour by the Secretary and the General. Much remains to be done to stabilize a precarious security situation and restore order so that humanitarian and reconstruction efforts, which are really now underway, can grow in intensity and embrace, I hope, the contributions of many nations, not just the coalition of the willing but others who are willing to help these people.

Regrettably, more lives may be lost before we can be sure that freedom has been secured and the Saddam Hussein regime has no vestige of control for now and forevermore, so we can pursue, in relative security, fulfilling the goals for which we set out--to free these people and enable them to establish their own government, hopefully through a voting process, and elect their own representatives as quickly as possible.

As we have an uplifting of hearts and minds over the signs of what could be the beginning of the end of this conflict, we mourn for those we lost and renew our pledge to leave no one behind. There are still service men and women missing or captive, and we are make every effort to recover them. I particularly note CDR Scott Speicher, U.S. Navy. The Secretary just reaffirmed reports that we had heard a special team has been sent in to rescue this aviator who was among the very first who fell in the line of duty. Hopefully, he is alive and one day he can be repatriated to his family and the Navy which he loves so much.

The manner in which we have seen the Iraqi regime treat our people has been outrageous, unacceptable by any reasonable standard, by any interpretation of international law, by any understanding of common decency.

The resolution we consider today expresses the concerns of the Senate about this treatment and demands that they be treated humanely, as all civilized nations have agreed to do. To those who have witnessed the mistreatment or participated in the mistreatment of these brave men and women, we pledge that they will be held accountable.

The fact that there may be no longer a Government of Iraq is of no consequence. Those responsible for violating the rights of our service men and women will be held accountable. No matter where they are, we will eventually find them and hold them accountable.

It is noteworthy that we consider this resolution today not only because of the apparent increase in freedom for the people of Baghdad and the symbolic end of this oppressive regime but because President Bush has declared this day ``National Former POW Recognition Day.''

As we recall the service of those national heroes who gave so much in defense of our country, we also must think of our men and women still in captivity: We will not forget you. We will work for your fair treatment. We will tirelessly endeavor for your safe and speedy return. We will care for your families. We will leave no one behind.

Mr. President, I ask unanimous consent that relevant material be printed in the Record.

Mr. President, I suggest the absence of a quorum.

Yes, of course.

Mr. President, I seek recognition to honor two Virginia Marines: Staff Sgt. Donald C. May of Richmond and Sgt. Michael Vernon Lalush of Troutville, who were among the first of our servicemen killed in action in Operation Iraqi Freedom; and to express gratitude, on behalf of the Senate, for their service to our Nation. The American people, I am certain, join in expressing their prayers and compassion to the families they leave behind.

The media in Virginia have given the following important coverage:

Staff Sergeant Donald C. May, Jr. was so inspired by the military service given in past years by his father and mother that he followed in their footsteps and began to chart a course for himself with military training. He was fulfilling that dream when he was tragically killed on Tuesday when his tank went off a bridge into the Euphrates River.

He leaves behind: his mother, Brenda May; his wife, Deborah; son, Jack; stepdaughter, Mariah; and another son yet to be born.

He was a member of the U.S. Naval Sea Cadets from age 12 to 18 and was also a police explorer.

Upon graduation from Meadowbrook High School in 1990, he joined the United States Marine Corps, and served 4 years in the military police. He finished boot camp just in time to serve in the last few months of the first Gulf War in 1991, involving security over Iraqi prisoners.

After the first Gulf War, Staff Sergeant May left the Marines for 2 years, serving as a reservist, after which time he returned to active duty as a tank commander, just like his dad, who is now deceased.

During his second deployment to Iraq, Staff Sergeant May was in the 1st Tank Battalion, 1st Marine Division, based at Marine Corps Air- Ground Combat Center in Twentynine Palms, CA.

Sergeant Michael Lalush always seemed to have a knack for fixing things. He always worked with his hands on equipment, tinkering with lawnmowers and cars. As a teenager, he brought home to his own garage a pink 1965 Volkswagen Beetle, rebuilt it and in no time was driving it around the neighborhood.

Sergeant Lalush was challenged in the military and had a great longing to serve his country. After graduating from Lord Botetourt High School, he left for boot camp.

Tragically, Sgt. Lalush's short military career ended on Sunday when he was killed in a Huey helicopter crash while serving in a Marine Light Attack Helicopter Squadron in southern Iraq. He had been deployed from the Marine Corps Air Station at Camp Pendleton, CA.

Reportedly, in his final e-mail message that the family received last Wednesday, Sergeant Lalush said he

was finally discovering his dream in Iraq. He told his parents that he was finally using his skills to help people.

Sgt. Michael Lalush leaves behind his parents, David and Rebecca Lalush.

Mr. President, we have lost two exceptional sons of Virginia. Their courage and unwavering service to our great country will not be forgotten. As we think of their families in mourning, let us not forget that these fine young men gave the ultimate sacrifice so that every American could continue to live in freedom.

I join all who had the privilege to serve with our late colleague, Senator Patrick Moynihan. Of the 24 years I have been here, 22 were spent with him. While my heart has sadness, it is filled with joy for the recollections of a wonderful friendship and working relationship we had in the Senate.

We shared a deep and profound love for the U.S. Navy. He served from 1944 to 1947 and was a commissioned officer. I served from 1946 to 1947 as an enlisted man. Whenever we would meet, he would shout out, ``Attention on deck,'' and require me to salute him as an enlisted man properly salutes an officer. Then he would turn around and salute me, as I was once Secretary of the Navy, and he was consequently, at that point in time, outranked.

That was the type of individual he was. He filled this Chamber with spirit, with joy, with erudition, and he spoke with eloquence. We shall miss our dear friend.

I recall specifically serving with him on the Committee on Environment and Public Works, of which he was chairman for a while. He had a great vision for the Nation's Capital. Some of the edifices we enjoy today would not have been had it not been for this great statesman. The landmarks would not be there had it not been for him. I am talking about the completion of the Federal Triangle. The capstone, of course, is the magnificent building today bearing the name of our President Ronald Reagan.

He was a driving force behind the completion of that series of Government buildings started in the 1930s, under the vision of Herbert Hoover and Andrew Mellon. They were great

friends. They wanted to complete that magnificent series of buildings, but the Depression came along and the construction stopped. Pat Moynihan stepped up and finished.

Many do not know that in Union Station, which today is a mecca for transportation, a transportation hub--we have rail, the bus, and we have the subway. Pat Moynihan was the one who saved that magnificent structure for all to enjoy for years to come.

I suppose the capstone was the Judiciary Building. I remember full well how he came before the committee and expressed the importance for the third branch of Government to have its administrative offices and other parts of that branch of the Government encased in a building befitting the dignity that should be accorded our third branch of Government. That building marks his genius.

In improving transportation, he was key in TEA-21, the landmark legislation that provided so much return to the States for their transportation needs, again, as chairman of Environment and Public Works.

He had a strong commitment to addressing poverty in rural America and was a strong supporter of the Appalachian Regional Commission which touched the States of West Virginia, Virginia, and others.

We are grateful to him. He understood the people as few did. I say goodbye to this dear friend. I salute him. I will always have joy in my heart for having served with this man who, in my humble judgment, had the wit, the wisdom, and the vision of a Winston Churchill.

Mr. President, there has been much discussion here in the Senate and in the press about retired military officers who have been appearing in the media throughout the coverage of the diplomatic efforts and the actual military operations to end the global threat posed by Saddam Hussein and his weapons of mass destruction.

My own opinion is that most of these retired officers have, in a very fair, constructive, helpful way, interpreted the complexity of modern military operations, the highly technical range of military equipment, and have conveyed their positive observations of the courage and professionalism of our men and women in uniform--from the generals to the privates.

In most presentations, these retired officers have shown professional responsibility and prudent restraint in giving their views and interpretations. But a few have added personal criticisms over the planning and execution of Operation Iraqi Freedom.

Professionals in the military have devoted their careers to protecting our Constitutional freedoms. Among the most cherished of these is freedom of speech. But that freedom has its legal, as well as ethical, restraints, and requires the exercise of good judgment, common sense, and taking into accounts the likely impact of their criticisms on servicemen and their families.

By and large, the retired officers have, through their careers of dedidated service, earned the admiration of the general public. Consequently, a special trust is accorded them by the families, the parents, the grandparents of those serving in uniform. Quite often, the families take to heart what they say, even more so than the views of others.

If retired officers have professional views and judgments at variance with the active duty chain of command, they are, like all Americans, free to speak their mind. But how to do it--publicly or privately?

They have ample opportunity to convey their views to their former colleagues--today's military commanders--through private channels, and I know many do so through a variety of forums and through personal communications. Before making critical public statements during the course of military operations, I hope they carefully consider the consequences of such statements and recall how they, and their families, felt about unexpected public criticism when they were in the ``trenches of conflict.''

The tradition followed by Presidents, especially in times of conflict, is a worthy precedent. A sitting President customarily receives the views of past Commanders in Chief by way of private communication rather than through the media.

Mr. President, I expressed these points to members of the media after a Capitol Hill meeting Tuesday evening with Secretary Rumsfeld and General Meyers, and I ask unanimous consent that the excerpted text of my remarks at that news conference, and those of the general, be printed in the Record.

Mr. President, I would like to submit to the Chair a unanimous consent request.

Mr. President, pending at the desk is S. Con. Res. 31 relating to the subject of prisoners of war. I commend the Senator from Pennsylvania, Mr. Santorum, for his work on this resolution, approaching me and others about the need for this resolution days ago. By inadvertence, and I accept responsibility for that, he was omitted from the list of cosponsors.

At this time, I ask unanimous consent that the Senator from Pennsylvania, Mr. Santorum, be added as a cosponsor to S. Con. Res. 31, which is at the desk. I thank the Chair.

Mr. President, I ask that the distinguished Presiding Officer, the Senator from Ohio, be added as a cosponsor.

For the benefit of the Senate, it is being discussed now as to when this resolution might be brought up. It is bipartisan. Senator Lieberman is one of the original cosponsors, together with the distinguished majority leader, Senator Frist, Senator Stevens, Senator Inouye, myself, and now the others.

So those Senators having an interest should so notify the Presiding Officer.

I yield the floor.

Mr. President, I rise in strong support for this piece of legislation. I compliment my long-time friend, the Senator from Montana, for his work. We have enjoyed many projects together over the quarter of a century, and our distinguished Senator Grassley has taken a strong hand, as always, on matters regarding revenue and also the Armed Forces of the United States.

If I had named this bill, I would have called it the Armed Forces Family Tax Fairness Act of 2003 because as I have studied this legislation and made some contribution to the text of it, I have always had in mind the families of the men and women of the Armed Forces and others who serve in the cause of freedom for our citizenry the world over, who take enormous risks and, frankly, accept the hardships which for those who would lead sort of a normal life are hard to understand.

Traveling about the world, most recently with Senators Levin and Rockefeller and my colleague from Kansas, covering that area in Pakistan and Qatar, Kuwait, we saw firsthand the brave men and women not only in uniform but the agency staff and others who hopefully will benefit from this legislation.

I compliment my two colleagues on their timely action in extending these tax benefits to military and Foreign Service personnel and to the families of the Space Shuttle Columbia astronauts.

At this historic moment in history, with Operation Iraqi Freedom in progress, it is fitting we take every opportunity to express appreciation we have for our men and women in uniform. Certainly one way to do that is to place a priority on legislation enhancing the compensation of Active-Duty, Reserve, and National Guard personnel, and their families.

In the Armed Services Committee, we also are engaged in such an effort and we do it annually. I assure my colleagues that in connection with the fiscal year 2004 Defense Authorization Act, we do our utmost to make sure every aspect of pay and benefits is closely examined.

With respect to the legislation before the Senate, I am particularly pleased to support the provision of capital gains relief to military homeowners in connection with the sale of their residence. This relief, which recognizes realities of military service, is long overdue.

Senator McCain introduced legislation last year, S. 1678, and I was happy to be a cosponsor and sought to achieve this purpose with him and others. I also view as particularly timely and well justified the provisions that are above-the-line tax deductions to Reserve and National Guard personnel who incur out-of-pocket expenses as a result of training operations and those benefiting the families of the Space Shuttle Columbia heroes.

It is fitting as hundreds of thousands of our military personnel--and many are engaged not only in the battle in Iraq but Afghanistan, which our group recently visited, and other trouble spots of the world--that the Senate recognize their contributions to freedom and the sacrifices they and their families make.

There are roughly 290 million citizens in this country. There are on active duty today about 1.5 to 1.6 million individuals. The normal standing force of the active forces of the United States runs about 1.2 to 1.3 million. Now with the augmentation of so many being called in the Reserve and the Guard to active duty, that is somewhat larger. However, that group represents only one half of 1 percent, roughly, of the population of 290 million citizens in this country.

We should always be mindful that so many are on active duty, particularly those engaged in armed combat, those who are on the television screens 24 hours a day now, assuming these courageous roles they are taking in combined forces, trying to free the Iraqi people of the bondage of these many years and to remove the weapons of mass destruction which threaten the very Members who occupy this Chamber from time to time. If those mass weapons spread throughout the world through the net of terrorism, small quantities of biological and other types of weapons of mass destruction could reach our shores and, indeed, inflict enormous harm against our people.

This is a very small group, less than \1/2\ percent, who take these risks to preserve the freedoms and give us a greater sense of security here at home.

I hope this bill receives 100 votes. I thank those who made it possible.

I thank my distinguished colleague and longtime friend. This is a very important step that the Chamber is about to undertake with this vote. I anticipate it will be a vote of resounding support for this initiative and this resolution. It sends a signal far beyond the shores of our Nation.

I also wish to say a word about the distinguished chairman of the Foreign Relations Committee. We have served in this Chamber together, for me a quarter of a century, for 25 years. I have known committee chairmen on both sides of the aisle and we take great pride, the entire Senate, in this magnificently trained individual. He has trained almost all his life to take on these responsibilities.

He is too modest to talk about it, but we often reminisce about our somewhat modest participation in the U.S. Navy many years ago when he was the foreign policy adviser to one of the more distinguished chiefs of naval operations in contemporary naval history. At a very young age he began to assume the mantle of responsibilities of foreign affairs. We are fortunate to have him at the helm, together with his distinguished colleague, the Senator from Delaware, Mr. Biden, who likewise has spent much of his life in the field of foreign affairs. These two fine leaders bring to this Chamber this important piece of legislation which has my strong support.

But, as it relates to this coalition, our thoughts and our hearts and our minds go out to the families who have lost their soldier, sailor, airman, marine in this conflict, and those who have suffered the brunt of battle and now bear the scars of conflict.

We owe a great debt to these men and women who so proudly wear the uniform of our country, and who are willing to take the risks. I mentioned earlier today, if you look at the 290 million citizens privileged to live in this great Nation, the United States of America, less than one-half of 1 percent are currently wearing the uniform and assuming the risks as their forebears did, over the 200-plus years of this great Republic. Indeed, we owe them a tremendous, great, gratitude.

This unified support is one that our President, a distinguished Commander in Chief throughout this conflict, has worked so hard to put together. This resolution recognizes in many ways the efforts of our President and the Secretary of State, to some extent the Secretary of Defense, and others to put it together.

The coalition is currently engaged in very hard and dangerous work, to eliminate the weapons of mass destruction from the hands of a proven despot, and to give a measure of freedom and democracy to the long- suffering people of Iraq. Some 47 nations have publicly declared support. I do not doubt there are others in the silence of their councils that are likewise very sympathetic and are constructively engaged in this effort. Each member of the coalition that we cite here today has demonstrated they will face the threat and take the risk as relates to their individual contributions. Certainly, the forces of Great Britain, again under the courageous leadership of Prime Minister Tony Blair, together with the Australians, Danish commandos, the Czech and Slovak units, and countless others are providing the forces necessary to bring about the goals I have just mentioned.

Every contribution, no matter how large or small, has its value. Not only its value, but it is part of the overall matrix to enable the accomplishment of these goals. Even though small in

proportion, that small participation is essential to the overall success.

I hope this coalition will grow in numbers in due course, because the importance is vital to a better understanding, not only here at home but across the world, as to the noble goals this coalition has undertaken.

I thank my colleagues who are managing this bill. I yield the floor.

I suggest the absence of a quorum.

Mr. President for the Committee on Armed Services. I report favorably the following nomination lists where were printed in the Records on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Thursday, March 27, 2003, at 10 a.m., in open and possibly closed session to receive testimony on the future of The North Atlantic Treaty Organization, (NATO).

Witnesses

Honorable Marc I. Grossman, Under Secretary of State for Political Affairs; Honorable Douglas J. Feith, Under Secretary of Defense for Policy.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation, Subcommittee on Science, Technology, and Space, be authorized to meet on Thursday, March 27, 2003, at 9:30 a.m., in SR-253, for a hearing on Cloning: A Risk to Women?

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, March 27 at 9:30 a.m. to receive testimony regarding to receive testimony on various electricity proposals including, but not limited to, S. 475, the Electric Transmission and Reliability Enhancement Act of 2003.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, March 27, 2003 at 2:30 p.m. to hold a hearing on NATO Enlargement: Qualifications and Contributions.

Witnesses

Panel 1: Ms. Heather A. Conley, Deputy Assistant Secretary of State European & Eurasian Affairs, Department of State, Washington, DC; Ms. Janet L. Bogue, Deputy Assistant Secretary of State European & Eurasian Affairs, Department of State, Washington, DC; Mr. Ian Brzezinski, Deputy Assistant Secretary European & NATO Affairs, Department of Defense, Washington, DC; and Mr. Robert A. Bradtke, Deputy Assistant Secretary European & Eurasian Affairs, Department of State, Washington,

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet for a hearing on AIDS Crisis in Africa: Health Care Transmission during the session of the Senate on Thursday, March 27, 2003, at 10:00 a.m. in SD- 430.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, March 27, 2003, at 9:30 a.m. in Dirksen Room 226.

I. Nominations: Priscilla Richmond Owen to be U.S. Circuit Judge for the Fifth Circuit; Mary Ellen Coster Williams to be Judge for the Court of Federal Claims; Victor J. Wolski to be Judge for the Court of Federal Claims; Ricardo H. Hinojosa to be U.S. Sentencing Commissioner; Michael E. Horowitz to be U.S. Sentencing Commissioner; McGregor Scott to be U.S. Attorney for the Eastern District of California.

II. Bills: S. 274 Class Action Fairness Act of 2003.

II. Committee Business: Discussion of Rule IV.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a hearing on ``Judicial Nominations'' on Thursday, March 27, 2003, at 2:00 p.m. in Dirksen Room 226.

Panel I: The Honorable Paul Sarbanes, United States Senator [D-MD]; The Honorable Barbara Mikulski, United States Senator [D-MD]; The Honorable Jeff Bingaman, United States Senator [D-NM]; The Honorable John Breaux, United States Senator [D-LA]; The Honorable Mary Landrieu, United States Senator [D-LA]; The Honorable Kay Bailey Hutchison, United States Senator [R-TX]; The Honorable John Cornyn, United States Senator [R-TX]; The Honorable Blanche Lincoln, United States Senator [D-AR]; The Honorable

Mark Pryor, United States Senator [D-AR]; The Honorable George Allen, United States Senator [R-VA]; The Honorable Billy Tauzin, United States Representative [R-LA-3rd District].

Panel II: Edward C. Prado to be United States Circuit Judge for the Fifth Circuit.

Panel III: Richard D. Bennett to be United States District Judge for the District of Maryland; Dee D. Drell to be United States District Judge for the Western District of Louisiana; J. Leon Holmes to be United States District Court Judge for the Eastern District of Arkansas; Susan G. Braden to be Judge for the Court of Federal Claims; Charles F. Lettow to be Judge for the Court of Federal Claims.

Mr. President, I ask unanimous consent that the Subcommittee on Personnel of the Committee on Armed Services be authorized to meet during the session of the Senate on Thursday, March 27, 2003, at 2:30 p.m., in open session to receive testimony on compensation for disabled military retirees, in review of the Defense authorization request for fiscal year 2004.

Mr. President, I ask unanimous consent that the Subcommittee on Strategic Forces of the Committee on Armed Services be authorized to meet during the session of the Senate on Thursday, March 27, 2003, at 2:30 p.m., in closed session to receive testimony on intelligence support to warfighters, in review of the Defense authorization request for fiscal year 2004.