Robert Byrd

Mr. BYRD

Mr. BYRD. Mr. President, ``Hats off! Hats off! The flag is passing by. Hats off! The flag is passing by.'' Those are the powerful words of Henry Holcomb Bennett in his stirring poem, ``The Flag Goes By.'' I recite those words because today, this day, is June 14, Flag Day. Yes, Flag Day. There by the President's desk, that flag. This day is Flag Day, the day that Americans pause to celebrate and show our respect for our great national emblem, the American flag. This, unfortunately, is not a Federal holiday but, in my opinion, is one of the most important days of the year. This is a day filled with so much meaning, so much symbolism, so much history. It was on June 14, 1777, that the Continental Congress adopted the Flag Act that established the official flag of the United States of America. The 13 Colonies assembled in the Continental Congress took this action because they understood the need for a symbol of our national unity. During the early days of the American Revolution, the Colonial Armies were fighting under the banners of their individual Colonies or, in some cases, of their local militia units. The banner of New England, for example, was the Liberty Tree. Do you remember the Liberty Tree? It showed a green pine tree on a field of white, with the words ``An Appeal To Heaven.'' Oh, the Liberty Tree, which showed a green pine tree on a field of white, with the words ``An Appeal To Heaven.'' The Minutemen from Culpepper County, VA waved a flag with a coiled rattlesnake which carried the motto ``Liberty or Death'' and the warning ``Don't Tread on Me.'' The flag of militia units in Charleston, SC proclaimed ``Liberty'' in white letters on a field of blue. This diversity of flags seemed to reflect a lack of unity among the Colonies. Feeling the need to establish a symbol of national unity, on June 14, 1777, 229 years ago today, the Congress resolved: That the flag of the thirteen United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation. Mr. President, I have always been impressed with the wisdom and the foresight of the Founders of our country, and here again, we can see their brilliance. The simplicity of that chosen pattern, alternating stripes and crisp new stars, white stars on a field of blue, allowed our flag to evolve along with the ever-changing map of America. The flag they chose has become the most visible symbol of our Nation. The flag they chose has become our most beloved and respected national icon. That flag symbolizes our Nation's strength, our Nation's honor, our Nation's ideals, and our national purpose. It recognizes our glorious past while it celebrates a more glorious future. Legends abound regarding who actually created the first American flag. The American Naval hero John Paul Jones and Francis Hopkinson, a signer of the Declaration of Independence, have both been cited as possible creators, as has John Hulbert of Long Island, NY. Tradition, of course, generally attributes the first flag to Betsy Ross. I like to believe in that version of the story, because it appeals to my sense of the American spirit and to my belief that each and every citizen has a responsibility to our Nation. It is a story of the powerful father of our country visiting a humble needle woman in her house and asking her to undertake the monumental task of making the first American flag. Whoever created the first flag, within a few months of its unveiling, the flag was under fire for the first time in the battles of Bennington and Brandywine. A few months later, on November 1, 1777, our national banner went to sea for the first time when Captain John Paul Jones set sail in his sloop, the ``Ranger,'' from Portsmouth, NH, for France. When the French fleet saluted his ship off the coast of that country on February 14, 1778, it marked the first time that foreign vessels had acknowledged the American flag. With the winning of independence in 1783, the American flag was recognized as the banner of the United States of America throughout the world. Twenty years later that flag was under fire again, this time in the War of 1812. On the night of September 13, 1814, British ships on their way to Baltimore, not far from here, bombarded Fort McHenry, which blocked their entry. When morning came--yes, when morning came, the star spangled banner was still waving, revealing to Francis Scott Key that the enemy had failed to penetrate the American lines of defense. Impressed by this awesome, awesome, glorious sight, Francis Scott Key was inspired to write the immortal lyrics that Congress later adopted as our National Anthem. How we all love to recall the stirring words from the second stanza. 'Tis the Star-Spangled Banner: O long may it wave O'er the land of the free and the home of the brave. In 1824 came that eventful day in Salem, MA, when a group of women presented a beautiful 12- by 24-foot flag to Sea Captain William Driver, who was about to embark upon a global voyage. After the flag was hoisted from the ship's masthead, Captain Driver looked at the flag waving so heroically in the wind, and he exclaimed, ``Old, Glory! Old Glory!'' Ever since that time, the name has been used to symbolize our love and our respect for our national emblem. There it is, Old Glory. In our dangerous and uncertain world, Old Glory has always been there. It was there before you were born, before I was born--yes. It was there, always there, guiding us, inspiring us, giving us hope as well as direction. President Woodrow Wilson--I was born during his administration-- President Woodrow Wilson once remarked, ``Though silent, it speaks to us.'' How right he was. Its mere presence stirs emotions. Look at it there by the President's desk. Its mere presence--there it stands--its mere presence stirs emotions. The flag embodies our ideals of freedom, justice, and brotherhood, values that are deeply rooted in the best of our political and spiritual emotions and traditions. The flag means home, the safety and security of home, and tells us that freedom still lives in this land we love. The flag symbolizes our values and ideals as well as our power, our economic and military might. The flag rallies the courage of American men and women and children. Our flag has been a guide and an inspiration to our Armed Forces. It has inspired our men and women to deeds of valor and sacrifice. Who can think of the American flag without thinking of the marines heroically planting that flag on top of Iwo Jima during World War II or American astronauts planting it on the moon or those New York City firefighters hoisting the American flag in the rubble of the Trade Towers on September 11, 2001? Flag Day was first officially observed in 1877 to celebrate the 100th anniversary of the selection of the American flag. For the next 70 years, people and movements across the country promoted efforts to establish a national Flag Day. In one of those attempts, Congressman Joseph Goulden of New York, in 1914, introduced legislation to make June 14 a national holiday, to celebrate Flag Day. In testimony to the House Judiciary Committee, Congressman Goulden explained: We would honor ourselves by making it a holiday. I think the love and devotion we all have for the flag and what it represents will tend to make us better citizens. And so it was on August 3, 1949, that Congress approved a joint resolution that designated June 14 as Flag Day, in commemoration of the adoption of the flag of the United States by the Continental Congress. How glad I am that Congress took this action. The American flag sums up all the best of our Nation, all that is good and decent in America. Throughout our history, it has transcended our differences. It has affirmed our common bond as a people and our solemn unity as a Nation. Unfortunately and tragically, some people will always try to use this national icon to stir disunity. This is a shame and a sham because, above everything else, our flag is representative of our national unity: One nation, under God, indivisible, with liberty and justice for all. ``Indivisible, with liberty and justice for all,'' those words, of course, come from the Pledge of Allegiance to the Flag, our oath to generations past and future that we stand together as one great Nation. Think of how often throughout the course of the history of our country, our Nation, citizens have risen, hands over their hearts, and uttered those words together, knowing that their destinies were interwoven. We are bound together like the threads that form the fabric of that flag. We should put our energies to strengthening that bond, not unraveling it. That pledge to our flag was originally written in 1892 by Francis Bellamy and was first used at the dedication of the World Fair in Chicago. The pledge initially read: I pledge allegiance to my flag and the Republic for which it stands, one nation indivisible--with liberty and justice for all. The original wording was altered slightly in 1923 and 1924. In 1954-- and I was there in the House of Representatives when Congress added the phrase ``under God'' to the pledge, which President Eisenhower explained: In this way we are reaffirming the transcendence of religious faith in America's heritage and future; in this way we shall constantly strengthen those spiritual weapons which forever will be our country's most powerful resource in peace and in war. That was Dwight Eisenhower. As a result, the Pledge of Allegiance to the Flag now reads: I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. So on this birthday of Old Glory, Flag Day, 2006, I join with my colleagues and my fellow citizens in urging that we protect the American flag as a force to unite us, not as a tool to divide us. As Henry Holcomb Bennett says in his poem, ``more than a flag is passing by.'' Hats off! Along the street there comes A blare of bugles, a ruffle of drums, A flash of color beneath the sky: Hats off! The flag is passing by! Blue and crimson and white it shines, Over the steel-tipped, ordered lines. Hats off! The colors before us fly; But more than the flag is passing by. Sea-fights and land-fights, grim and great, Fought to make and to save the State: Weary marches and sinking ships; Cheers of victory on dying lips; Days of plenty and years of peace; March of a strong land's swift increase; Equal justice, right and law, Stately honor and reverend awe; Sign of a nation, great and strong To ward her people from foreign wrong: Pride and glory and honor, all Live in the colors to stand or fall. Hats off! Along the street there comes A blare of bugles, a ruffle of drums; And loyal hearts are beating high: Hats off! The flag is passing by! Happy birthday, Old Glory. Long may you wave. ``O'er the land of the free, and the home of the brave.''

Mr. BYRD. Mr. President, I thank the very distinguished--yes, very distinguished Senator from the great State of Virginia.

Mr. BYRD

Mr. BYRD. Will the Senator yield, whoever has the floor?

Mr. BYRD. I simply thank the very distinguished Senator from Virginia for his response to the request and his willingness to withhold his unanimous consent request for the time being. I thank him.

Mr. BYRD. Reserving the right to object.

Mr. BYRD. I am only reserving the right to object. I hope we would have just a little while to talk about this. I am very much opposed to this. But I read the tea leaves very well. If the Senator would just desist for the time being, please?

Mr. BYRD. I thank the Senator.

Mr. BYRD. Mr. President, the Senate will vote today to commend the U.S. Armed Forces for their efforts in Iraq. I will support this amendment, as I have supported other amendments and resolutions to commend our military personnel serving overseas for their service and commitment. I oppose the policy that sent our troops to Iraq, but I stand by our servicemen and servicewomen 100 percent. However, I am concerned that the amendment may have unintended consequences. Previous statements that boast of substantial victories in Iraq have been proven wrong at the cost of American lives. Declaring victory because of the elimination of Abu Musab al-Zarqawi could be a costly mistake. I agree with the President's comment on June 9, 2006, in which he said, ``I don't want the American people to think that a war is won with the death of one person.'' Our troops are still facing daily attacks in Iraq. I thank them for their service, and I am particularly proud of the efforts of the West Virginia National Guard in Iraq, Afghanistan, and many other locations around the world. Instead of seeking a lofty sounding but largely meaningless resolution from the Congress, the President should instead be working to send Congress a plan to start bringing our troops home with the honor and the thanks they have earned from this grateful Nation.

Mr. BYRD. Reserving the right to object.

Mr. BYRD. I wonder if my friend from Massachusetts, who was engaged when that request was made, has anything in response?

Mr. BYRD

Mr. BYRD. Mr. President, I want to thank the very able Senator who has just spoken for his service to the Nation and to this body. I thank the very able chairman of the Senate Appropriations Committee, Senator Thad Cochran, for all of his meticulous--meticulous--work on this bill. The President asked the Congress to approve $92.2 billion of emergency spending and $2.3 billion to combat pandemic flu. When the committee opened its hearings on the supplemental on March 7, I stated my belief that it is our duty--our duty--to scrutinize the President's request, not only for what is in it, but also for what is not in it. The conference report that is before us includes $65.7 billion for the Department of Defense to fund the wars--and there are two of them going on--two wars: the war in Iraq, to which I was opposed, and I feel I was right, and in Afghanistan, which I supported; I support that war, and I supported that war from the beginning in Afghanistan--an amount said to be sufficient to prosecute those wars and supply our troops. Upon passage of this legislation, the total amount appropriated for the war in Iraq, including the cost of reconstruction, will be $318 billion--$318 billion. That is $318 for every minute that has passed-- every minute--$318 for every minute since Jesus Christ, praise the Lord, was born. That is a lot of money. Mr. President, $318 for every minute that has passed since Jesus Christ was born 2,000 years ago. That is a staggering figure. And what is even more unbelievable is that the monthly cost of this war in Iraq, which I have opposed from the beginning, has been steadily escalating from $5 billion per month in 2004 to more than $8 billion per month now. The American people--hey, those people who are out there in the prairies, in the Rocky Mountains, in the lands between Washington, DC, and the Rocky Mountains--they are all asking: How on Earth has the monthly cost of the war in Iraq grown so much in just 2 years? The Bush administration announced that major combat operations ended in May of 2001. Remember that? The banner that we saw on the ship? Let me repeat. The Bush administration announced that major combat operations ended in May of 2003. But the costs of the war continue to spiral. How can that be? Why? Why? This administration does not want to answer these questions. Instead, the administration continues to request funds for these wars--two wars, Afghanistan and Iraq. The administration continues to request funds for the wars through ad hoc emergency supplemental appropriations bills. Regrettably, the Congress continues to duck for cover. Since the President took us to war in Iraq in 2003, the Congress has approved eight different emergency supplemental appropriations measures to fund the wars--eight. None of those measures received the full scrutiny that is required of such massive expenditures. You know it. I know it. We know it. Everybody should know it. The President refuses to include the full costs of these wars in his regular budget request. Instead, he sends the Congress emergency requests with little or no detailed justification. According to the Congressional Budget Office, this President has requested $515 billion of emergency spending--yes, you heard me, $515 billion of emergency spending that does not appear in the budget. This conference report includes language that I authored, urging the President to put the full costs of the wars in his annual budget. This is the fifth time the Congress has approved such a provision. My amendment was approved 94 to 0. It is time for the President to get the message. The administration's failure to budget for the wars means that neither the White House nor the Congress is making the tough decisions about how to make the most of public funds to pay for the ongoing wars. Tales of waste abound. Our troops deserve better treatment, as do you, the American people out there. I am pleased that the conference agreement includes $35.6 million for improved mine safety and health programs. Since January of this year there have been 19 coal mining deaths in the State of West Virginia, and another 14 mining deaths in the States of Kentucky, Alabama, Maryland, and Utah. This conference report will ensure that an adequate number of safety inspectors will be provided for our Nation's mines and will expedite the introduction of critical safety equipment into the mines. These are critical dollars which will begin to fill the gaps, the unacceptable gaps at the Federal Mine Safety Agency. There are too few inspectors, there is too much out-of-date safety technology, there are too many unprepared rescue teams, and the litany of problems at the Federal Mine Safety Agency goes on while the lives of our Nation's coal miners continue to be at risk. In the past 5 years at the Mine Safety Agency, safety has taken a back seat. At least 217 coal safety inspector jobs have been eliminated--wiped out. The political leadership at MSHA puts protecting miners' lives on the back burner. We have a moral obligation to make our coal mines safer. This funding will jump-start the job of protecting our coal miners' lives and providing some peace of mind to the coal miners' families. I know how those families feel. I grew up in a coal miner's home. My wife's father was a coal miner. You are looking at somebody who speaks the coal miner's language. I do. Coal mine safety should not take a back seat to coal production. Protecting the lives of our coal miners has to be job No. 1 in the mines. I cannot find the words to adequately express my heartfelt appreciation for the support of Chairman Thad Cochran of Mississippi and the other Senate conferees, particularly Senator Specter and Senator Harkin, for their cooperation. With this funding and with the recent approval of the mine safety authorization bill, Congress will have given clear, unmistakable direction to the administration. The safety of our coal mines and the brave miners who work in them must be paramount, uppermost. I will say that once more. The safety of our coal mines and the brave miners, men and women, who work in the coal mines must be paramount. With regard to funding required to recover from the gulf coast hurricanes, the chairman of our Senate Appropriations Committee took the bull by the horns. Under Senator Thad Cochran's leadership, the Senate added $9.2 billion to the President's budget request to aid the victims of the hurricanes. In addition, the Senate added funds to meet pressing emergency needs for drought relief, port security, the security of U.S. borders, and much needed medical care for the Nation's veterans. Sadly, the President, our President, threw down the gauntlet and threatened--yes, threatened--to veto the bill. The White House insisted that $14 billion of what it called low-priority items be dropped from the bill. As a result, the Republican leadership of the House and Senate sat down with White House staff and agreed to drop from the bill emergency disaster drought relief for our farmers, funding for critical veterans' medical services, and funding for increased security at the U.S. ports. Over $9 billion of critical funding for the victims of the hurricanes--over $9 billion--has been eliminated, including housing assistance, education assistance, and transportation funds. Where are our priorities? Instead, this administration has put its highest priority not on disaster needs but on massive tax cuts to the tune of $254 billion for 2006, tax cuts--yes, hear me, tax cuts at a time when the Nation is at war and spending on that war is on the order of $8 billion per month. That is like spending $8 for every minute since Jesus Christ was born-- $8 for every 60 seconds since our Lord Jesus Christ was born. The administration continues to have a huge credibility gap when it comes to homeland security. There is a continuing drumbeat that another terrorist attack is likely. Yet once again the administration is trying to secure the homeland on the cheap. The White House insisted that the conferees strip away $648 million for port security and $600 million for the Coast Guard from the bill. Take it out. The administration's speechwriters and the administration's policywriters seem to be living in different worlds. How serious is the administration about port security when the administration decides to allow Dubai Ports World to operate six major U.S. ports before the President, the Vice President, the Secretary of Defense, and the Secretary of Homeland Security were made aware of the decision? Who is in charge? Who is in charge? What a fiasco. How serious are we about port security when Customs inspects only 5 percent of the 11 million containers that come into the country each year? How serious are we about port security when the Coast Guard inspects only one-third of foreign ports that trade with the United States? Yet at the insistence of the White House--hear me now--at the insistence of the White House $648 million for port security is eliminated--gone, gone with the wind. With regard to border security, the administration continues to be a day late and a dollar short. They opposed my efforts--this little boy from the hills of West Virginia--yes. The administration continues to be a day late and a dollar short. They opposed my efforts last year to add funds for border security. How about that--your security, border security. Fortunately, Chairman Gregg, the great Senator from New Hampshire--I like him. No, he is not a Democrat. What difference does that make? I like him. Fortunately, Chairman Gregg and our House counterparts agreed--yes, that old boy from the mountains--agreed with me, and we now have 1,500 more Border Patrol agents. We now have 1,500 more Border Patrol agents and 581 more immigration investigators and agents, and 1,950 more detention beds. On May 18, 3 weeks after the Senate adopted the comprehensive Gregg- Byrd border security amendment, the White House sent up its own border security package. Rather than following our lead--Senator Gregg and Senator Byrd--the White House insisted on reducing the package for the Department of Homeland Security by $728 million--that isn't chicken feed--and narrowing the focus to just the Southwest border. While some may view border security through a microscope, Chairman Judd Gregg and I share the view that when the border is tightened in one place, the threat will move elsewhere. We should anticipate that inevitable dynamic so that our border enforcement agencies will have the tools to effectively do their jobs when they need those tools, not 2 or 3 years from now. Yet the President requested no funds--no funds, none--for the Coast Guard and no funds--none--for the northern border. Just few days ago, 17 alleged terrorists were apprehended in Toronto, Canada. This ought to have served as a wake-up call to all of us that the threat to this country is not only on our Southwest border but on all of our borders. Regrettably, the President had his way in conference. While I appreciate that we have another $1.2 billion for border security, I worry that the funds are not based on a sound plan for border security. In conference, Chairman Thad Cochran offered an amendment to establish a limit on discretionary spending for fiscal year 2007. He did so to expedite the consideration of the appropriations measure through the Senate in the absence of a final budget resolution. Chairman Thad Cochran and I share the goal of debating in the Senate and sending to the President 12 individual, fiscally responsible appropriations bills. I support setting clear, enforceable limits on the spending contained in the appropriations bills. The issue is: At what level should we cap spending? Chairman Thad Cochran presented to the conference a deeming resolution that would limit spending to $872.8 billion, the level proposed by the President. Once again, the President's budget represents an irresponsible plan that trades America's long-term future for short-term political gain. If the Congress approves the President's request for Defense and Homeland Security, the President's budget will fall $14 billion short of what is needed for domestic programs, just to keep pace with inflation. The President proposes the largest cut to education funding in the 26-year history of the Education Department, $2.1 billion or a 4 percent reduction. This is a nonsensical squandering of the future of our children. How are we going to compete in the global marketplace unless our young people have the tools they need? Although we have thousands of veterans returning from Iraq and Afghanistan, the President wants to collect $795 million in new or increased fees charged to whom? To our veterans to pay for whose health care? Their health care. He also proposes $800 million of additional fees for the health care of military retirees. What a way to say thank you to our dedicated troops. The President proposes a level of funding for Amtrak that will force it into bankruptcy. The logic behind that decision totally escapes me. With gas prices soaring, why would we want to eliminate a major provider of public transportation? At a time when we are facing record energy prices, our President is also proposing a $1.4 billion cut in funds for Low-Income Home Energy Assistance. What a farce. Despite the fact that the White House continues to raise the specter of another terrorist attack, the President proposes to cut first responder grants by 25 percent. The President proposes to cut fire grants by 55 percent. These are just more examples of budgeting in a closet. This week the FBI announced that in 2005 this country had the largest increase in violent crime in 15 years. And yet the President proposes to cut grants for State and local law enforcement by over $1.2 billion. So may I say that while our President talks a good game on investing in alternative energy supplies, his budget includes only half of the funds necessary to implement the Energy Policy Act of 2005. To complicate matters even more, the President has proposed that the Appropriations Committees approve $7.4 billion of new user fees and changes in mandatory law, most of which are not even under the jurisdiction of the committees. For example, the President wants us to approve a $1.2 billion increase in the ticket tax charged airline passengers. At a time when the airlines are already facing financial difficulties, this is folly, pure folly. If there is one lesson that we should have learned from Hurricane Katrina, it is that there are consequences to starving Federal agencies. FEMA, which performed marvelously after the Northridge earthquake, the Midwest floods, and the 9/11 attacks, FEMA was no longer up to the task when Hurricane Katrina hit. After 5 years of starving domestic agencies, I wonder which other agencies will be the next FEMA. Will it be the Coast Guard? Will it be the Food and Drug Administration's ability to approve safe drugs or the ability of the Food Safety and Inspection Service to protect food supplies? I offered an amendment in conference to modify the amendment offered by Chairman Cochran to increase discretionary spending for fiscal year 2007. One of the amendments was adopted on a bipartisan vote of 15-13 to increase spending by $7 billion. Sadly, the White House and the House majority leader objected to the inclusion of the deeming resolution as modified by my bipartisan amendment. The conference report that is before the Senate, therefore, limits total discretionary spending to the President's stingy--too stingy--$872.8 billion request. At this funding level, the Senate will have little choice but to starve Federal agencies of the resources they need to responsibly meet the needs of the American people. That means relegating people's needs to the bottom of the barrel. The White House got what it wanted in this conference report. Less money for the victims of the hurricane, less money for drought relief, less money for key border security programs, no money for port security, and a ``cheap Charlie'' limit on other domestic spending. The President has just made a surprise visit to Baghdad. Let me say that again. Today, a little while ago, the President made a surprise visit to Baghdad. That is all right. Supporting our troops is very important. However, I have to ask, when will the President be visiting American ports to determine if they are safe? When will the President visit American farms that have been devastated by drought? When will the President meet with our Governors, our mayors, our police chiefs to understand why violent crime is on the rise? When will the President visit our Nation's hospitals to learn why health care in this country is unaffordable? When will the President visit our Nation's campuses to learn why the cost of a college education has grown 57 percent during his administration, while the level of Pell grants has been frozen for 5 years? When will he start to look and listen to the voices of American citizens who want a leader for their future here at home? We now have appropriated $318 billion for the war in Iraq while America's needs go begging. I wonder if the President will ever ask himself about the consequences of that choice. While I have serious reservations about what has been dropped from the conference report, the conference report that is before the Senate provides essential resources for our troops and help for hurricane relief. Therefore, I will support the adoption of the conference report. I yield the floor.

Mr. BYRD

Mr. BYRD. Yes, I do.

Mr. BYRD

Mr. BYRD. Madam President, along with millions of Americans, I am acutely sensitive to the values of saving and hard work. Like citizens all across our country, many West Virginians devote their lives to acquiring and nurturing a family business or farm in order to pass it on to a son or daughter. These forward-looking Americans ought not to have to worry about their heirs losing the family heritage because of the demands of the tax code. While I oppose full repeal of the estate tax, I had hoped to support a compromise measure that would exempt small businesses and farms. In order to debate the estate tax repeal, and work on an amendment exempting small businesses and farms, I had hoped to vote for cloture on the motion to proceed. However, if cloture on the motion to proceed to the estate tax bill had been invoked, a compromise would not have been possible. The majority leadership indicated an intent to immediately file cloture on the underlying bill, and then to limit votes on amendments. The Senate would have then been forced to accept legislation that could have cost the U.S. Treasury up to $1 trillion over 15 years. If a realistic estate tax repeal is ever to be enacted, the Senate must be allowed to fully debate and amend the estate tax repeal. Such a sweeping tax repeal should not be forced down the throat of the Senate without a thorough debate and the offering of reasonable amendments. Until such time as an understanding is reached to fairly debate the matter--including the offering of amendments--I must oppose taking up the bill.

Mr. BYRD

Mr. BYRD. Mr President, today I voted to invoke cloture on the motion to proceed to debate the constitutional amendment to ban same-sex marriage. Let me be clear: I have always strongly opposed same-sex marriage. I believe that there is much confusion about the role of the Federal Government and the institution of marriage, and that the public should have the benefit of a debate on the matter. It is my belief that the State of ``marriage'' can exist only between a man and a woman. The Bible tells us that marriage must be defined this way, and that the marriage vow between a husband and wife, meaning between a man and a woman, is sacred. I believe it. I have lived it. My darling wife Erma and I were married for nearly 69 years. I also believe that any substantive debate on this issue must examine not only the marriage relationship between a man and a woman but also the constitutional relationship between States and the Federal Government. It is the role of the Federal Government to preserve each State's prerogative to make laws concerning marriage and the family, since this is an area of the law traditionally left to the States. This is the essence of federalism. The job of the Congress is to preserve and protect the legislative authority of each State, so that, for example, unions legal in another State cannot be foisted onto the God- fearing people of West Virginia. Largely because I believe so strongly in protecting West Virginia's ability to legislate in this area, I have been, and continue to be, an ardent advocate of the Defense of Marriage Act, DOMA. This law, which was passed by a bipartisan majority of the U.S. Congress and became law in September 1996, makes it clear that no State, including West Virginia, is required to give legal effect to any same-sex marriage approved by another State. DOMA also defines marriage for Federal purposes as being ``a legal union between one man and one woman as husband and wife,'' and a spouse as being only ``a person of the opposite sex who is a husband or a wife.'' I strongly endorse the principles codified by DOMA. Not surprisingly, in 2000, West Virginia enacted its own law against same-sex marriage, similar to DOMA. Thus, title 48 of the West Virginia Code now precludes the State of West Virginia from giving legal effect to unions of same- sex couples from other jurisdictions. As a consequence, both State and Federal law now prevent same-sex marriage in West Virginia. With these laws on the books, I do not believe it is necessary to amend the U.S. Constitution to address this issue. States such as West Virginia already have the power to ban gay marriages. State marriage laws should not be undermined by the Federal Government. Thus, our goal should not be to lessen the power of the several States to define marriage, but to preserve that right by expressly validating the role that they have played in this arena for more than 200 years. Mr. President, throughout the annals of human experience, the relationship of a man and woman joined in holy matrimony has been a keystone to the stability, strength, and health of human society. I believe in that sacred union to the core of my being.

Mr. BYRD

Mr. BYRD. Mr. President, among the beautiful, rolling-green hills of northern West Virginia is a little town with a big history. I am speaking of the town of West Union, the county seat of Doddridge County. Once a center for railroading and other forms of transportation, as well as oil drilling, coal mining, and and other forms of businesses and manufacturing, West Union was an important and thriving commercial center in the late nineteenth century. Unfortunately, like too many small towns in West Virginia and across the country, West Union has fallen into some hard times. Nevertheless, West Union retains its rich and colorful history. Indeed, the entire downtown district of West Union has been placed on the National Register of Historic Places. The downtown section contains buildings that feature a wealth of architectural styles, with four of them having been listed on the National Register. These historic buildings include the Doddridge County Court House with its Romanesque architecture, and the Silas Smith Opera House which was built at the turn of the last century and now serves as the county library. For a small town in the hills of West Virginia, the town of West Union has been the home of a number of prominent American citizens. General Bantz Craddock, who rose to be the Commander of U.S. Southern Command and is responsible for military operations in the Caribbean, Central America, and South America, was raised in West Union. For many years, West Union was the home to Clyde Ware, a novelist who has been actively involved in television and film production. In fact, Mr. Ware wrote and directed many episodes of what was one of my favorite television series, ``Gunsmoke.'' The town's most famous historic resident was the legendary Ephriam Bee. Mr. Bee was a pioneer, a blacksmith, the U.S. Postmaster for West Union, and the owner of a highly popular inn and restaurant, appropriately referred to as the ``Bee-Hive.'' At the age of 60, Mr. Bee served as captain of the Doddridge militia which protected the area from Confederate forces, thieves, and outlaws. In 1863, Mr. Bee was elected to the West Virginia State Legislature, defeating Joseph H. Diss Debar, the person who later designed the State seal of West Virginia, which is still in use today, without change. Another contest that Mr. Bee won was being named the Ugliest Man in the State of West Virginia. For that victory, he was awarded a beautiful pocket knife, a proud possession which he was forced to relinquish a few years later when the State found a man whom it deemed to be even uglier. In 1845, Mr. Bee originated the Ancient and Honorable Order of E. Clampus Vitus, ECV, of which he became Grand Lama. ECV was originally formed as a secret order for playing practical jokes, but as it spread across the country, it took on different purposes and missions. Today, ECV has become an important historic preservation society, with more than 100,000 members. Mr. Bee also operated an important station on the underground railroad. He hid his guests in a nearby cave until it was filled, then, it appears, he used ECV to create a diversion so that the escaped slaves could be sent on their way to freedom. What became the town of West Union was originally settled in 1807. It was incorporated on July 20, 1881, which means the town of West Union will be celebrating its 125th anniversary this summer. The town will be using this milestone anniversary in an effort to promote and celebrate the town's history and as a jump start toward the economic revitalization of the town. The festivities are planned for July 22, and they promise to be a time of fun, entertainment, and education as the town wants to share its unique and colorful history with the world. The town of West Union has adopted as a slogan, ``We love our history--that's why we're still making it!'' With its history--and its energetic, creative residents, I am confident that the town of West Union will be making history for a long time into the future. I wish them the best on their 125th anniversary.

Mr. BYRD

Mr. BYRD. Mr. President, for how long am I to be recognized?

Mr. BYRD. I thank the Chair. Mr. President, I yield to my distinguished friend from Montana so that he may speak for not to exceed 10 minutes, and that I then be recognized in my own right.

Mr. BYRD. Mr. President, I thank my dear friend, Senator Baucus, for his kind remarks.

Mr. BYRD

Mr. BYRD. Mr. President, I thank the distinguished Senator from Montana, Mr. Baucus, for that lovely thought to which he refers by the great poet Longfellow, in his alluding to our former fellow colleague, Lloyd Bentsen. I thank the Senator from Montana for speaking as he has about our late former colleague, Lloyd Bentsen. Lloyd and I served in the House together, too. We had a great admiration for him there. I said, ``There is a young man going places''--and he went. He went places. I join with my colleague, Senator Baucus, today in his message as words of reverence for Lloyd Bentsen, and for B.A., Lloyd's lovely wife. I suppose she is in Texas today.

Mr. BYRD. I want to associate myself, again, may I say, with my colleague in every word he has chosen to speak about Lloyd Bentsen. Mr. President, for how much time am I recognized?

Mr. BYRD. Mr. President, I thank the Chair.

Mr. BYRD

Mr. BYRD. Mr. President, I speak today in memory of our fallen heroes. Next Monday, the last Monday in May, the Nation honors the men and women who have given their lives in battle. In the aftermath of the Civil War, the practice of decorating the graves of those who died in battle was already an established custom in many places, especially in the South, but it was a tribute to the healing of the Nation that both sides were able to put aside their past differences to mourn the fallen together after that terrible conflict. Although many communities lay claim to being the birthplace of Memorial Day, since World War I, when the holiday changed from honoring just those who died fighting in the Civil War to honoring those who were lost in battle in any war--those Americans--Memorial Day belongs to us all. Mr. President, death knows no divisions or political views. Death knows no distinctions between uniforms or battlegrounds. The Nation knew that all too well after the Civil War. Death unites the fallen-- death unites the fallen--in God's care. And death heaps grief and loss in equal measure on all those left to mourn. It is a lesson that some strident few today need to be reminded of, as they use military burials as a place of protest. No matter what views one may hold about the current conflict in Iraq and Afghanistan, or indeed of any conflicts anywhere, there is no place for intrusions during these solemn rites, no cause worth offering further pain to the families of the fallen. The men and women in our military who don the uniform of the United States are not, as someone has so inelegantly put it, ``the deciders.'' They must, instead, put aside their personal views and focus on working seamlessly with the other members of their unit, so that the unit survives. Every death is accompanied by stories of heroism, from the one who sacrificed his all to keep his fellow soldiers safe, to the heroes who brought the fallen home. No protests can change, and none should mar, those acts of bravery or those honored dead. Memorial Day is a day to put aside our own schedules and to spend some time remembering those who have risked all and lost all in service to the Nation. It is a day to recall and revere their bravery, their duty, their strength, and their humanity. It is a day of tribute to them, and to their families, to whom the Nation owes so much. The poet Joyce Kilmer, himself a sergeant with the ``Fighting 69th'' Division, who lost his own life in 1918 during World War I, wrote a poem called ``Memorial Day.'' The bugle echoes shrill and sweet, But not of war it sings to-day. The road is rhythmic with the feet Of men-at-arms who come to pray. The roses blossom white and red On tombs where weary soldiers lie; Flags wave above the honored dead And martial music cleaves the sky. Above their wreath-strewn graves we kneel, They kept the faith and fought the fight. Through flying lead and crimson steel They plunged for Freedom and the Right. May we, their grateful children, learn Their strength, who lie beneath this sod, Who went through fire and death to earn At last the accolade of [Almighty] God. In shining rank on rank arrayed They march, the legions of the Lord; He is their Captain unafraid, The Prince of Peace . . . Who brought a sword. Mr. President, all too often these days, Memorial Day is just another 3-day weekend, an opportunity to work on the yard a little bit, an opportunity to go shopping, or to host a backyard barbecue. Fewer and fewer Americans honor the men and women in uniform and their fallen compatriots. Fewer, still, visit military cemeteries or actually decorate graves in the old-fashioned way. But for those who went to Arlington National Cemetery on Thursday, May 25, I say you may have witnessed the beautiful scene known as ``Flags-In.'' Just prior to each Memorial Day weekend, every available soldier from the 3rd U.S. Infantry Division, the Old Guard, honors their fallen brethren by placing a small American flag before each of the more than 220,000 gravestones and 7,300 niches at the cemetery's columbarium. An additional 13,500 flags are set in place at the Soldier's and Airman's Home National Cemetery, also in Washington, DC. Flags are placed at the graves of each of the four individuals at the Tomb of the Unknowns by the tomb sentinels. Then, in order to ensure that each flag remains in place and standing proudly, the Old Guard patrols the cemetery throughout the weekend, watching over their fallen comrades. It is a stirring sight to see that, truly, none of these great sacrifices are forgotten, and to witness how seriously these young soldiers take their duty. There will be speeches on Memorial Day--formerly referred to as Decoration Day. And I have made many of those speeches in my long years on Memorial Day. And on this coming Memorial Day, there will again be speeches, and wreaths will be laid. A moment of silence will be observed. For these few moments, our Nation both mourns and celebrates. Privately, we mourn the loss of so many young men and women, fathers and mothers, sons and daughters, friends and relatives. Our hearts and our prayers go out to all the families who have lost a loved one in the Nation's service, and especially to those families who have borne their tragedies so recently and whose tears are still so close to the surface. The Senate's thoughts and prayers are also with those whose family members have been wounded and who fight now for their lives. As a nation, we celebrate and we honor the patriotism and the heroism that have kept us free, kept us united, and kept us strong for these past two and a third centuries. It is on the shoulders of these brave legions of the fallen and their comrades in uniform, past and present, that our Nation is carried to greatness. Technological and scientific progress is a source of pride and strength, economic prosperity a boon, and our Constitution--thank God-- a blessing. But none of these gifts is sustainable without the will and the resolve to defend them, to the death if necessary. Those we honor on Memorial Day have gone that extra mile. They have worn the uniform with pride, and they have won and kept our freedom with their effort and their sacrifice. They have fought together around the globe, in the dark, in the mud, in the dust, on holidays, anniversaries, and weekends. Some have missed the births of their children. Some have missed growing old with their loved ones. They will enjoy no more 3-day weekends, no family vacations, no backyard barbecues. But in our moment of silence, as the flags snap in front of the rows upon rows of marble markers, let us think on all that they have given for us, and be humbled. Edgar Guest, a prolific poet of the first half of the last century, wrote many favorite poems of mine. His work was published in the newspapers, for he worked for the Detroit Free Press. His poem, Memorial Day, suggests a fitting tribute to all those we honor on Memorial Day. Let me read a few lines. The finest tribute we can pay unto our hero dead today, is not a rose wreath, white and red, in memory of the blood they shed; it is to stand beside each mound, each couch of consecrated ground, and pledge ourselves as warriors true unto the work they died to do. Into god's valleys where they lie at rest, beneath the open sky, triumphant now o'er every foe, as living tributes let us go. No wreath of rose or immortelles or spoken word or tolling bells will do to-day, unless we give our pledge that liberty shall live. Our hearts must be the roses red we place above our hero dead; today beside their graves we must renew allegiance to their trust; must bare our heads and humbly say we hold the flag as dear as they, and stand, as once they stood, to die to keep the stars and stripes on high. The finest tribute we can pay unto our hero dead today is not of speech or roses red, but living, throbbing hearts instead, that shall renew the pledge they sealed with death upon the battlefield: that freedom's flag shall bear no stain and free men wear no tyrant's chain. Mr. President, I have another statement which I must give. I see the distinguished Senator from Kentucky, Mr. McConnell, on the floor. I will yield to him if he wishes. I thank the distinguished Senator for his characteristic courtesy.

Mr. BYRD

Mr. BYRD. Mr. President, Monday next is Memorial Day. Monday next, being May 29, my memory goes back to May 29, 1937. It was a Saturday. I was working in the meat shop as a meat cutter at the Koppers Store in Stotesbury, Raleigh County, WV. It was a coal mining community. I started working there in the gas station for Koppers Store for $50 a month. I walked 4 miles to work and 4 miles back home, unless I might catch a bread truck or a milk truck. But on that Saturday, May 29, 1937, at 5 o'clock p.m., my two senior meat cutters at the Koppers Store in Stotesbury, WV, and I closed up the meat department and went home. I put on my best suit--actually, my only suit--and where did I go? I headed off to Sophia, 4 miles away, to the house of the local hard-shell Baptist preacher U.G. Nichols. And there I met with my high school sweetheart, Erma Ora James. May God bless her sweet memory. She was the beautiful daughter of a coal miner. This was a coal miner who helped to teach me to play the old fiddle tunes long ago: ``Sally Goodin,'' ``Mississippi Sawyer,'' ``Arkansas Traveler,'' and ``She'll Be Comin Round the Mountain,'' and so on. At 6 o'clock that evening, Preacher Nichols pronounced Erma--God bless her sweet name--and me ``husband and wife.'' That union, I am very proud to say, endured for 68 years, 9 months, and 24 days. So on May 29, 3 days from now, Erma and I would have celebrated our 69th wedding anniversary. That is something to brag about. Dizzy Dean said it was all right to brag, if you have done it, and Erma and I did it. Erma didn't quite go all the way. But on May 29, Erma and I would have celebrated our 69th wedding anniversary. That is something not heard about very often these days, a 69th wedding anniversary. The Scriptures tell us that ``whoso findeth a wife findeth a good thing and obtaineth favour of the Lord.'' Well, on that blessed day in 1937--a long time ago--I certainly found a good thing. In looking back on the life that Erma and I shared, I can say, in accordance with the scriptural passage, that I must have been favored by the Lord. ``The joys of marriage are the heaven on earth,'' wrote the English dramatist, John Ford, five centuries ago. How right John Ford was. When I think of Erma, I still think of the beautiful line from a song that I used to hear and play, I believe, when I played the fiddle: ``She came like an angel from the sky.'' For almost 69 years, this angel from the sky not only tolerated me, but she was the guiding light for me. She was my teacher. She taught me how to drive an automobile. She was my banker, my accountant. Very early in our marriage, as a matter of fact, on Sunday, the day after the Saturday evening on which Erma and I made our vows, I turned to her and said: ``Here is my wallet.'' I think I had saved up probably $300. I said: ``You keep it. When I need a dollar, I'll come to you and ask for it.'' That is the way it was, and that is the way it has been throughout our 69 years. What a job she did from the meager paychecks, and they were meager. Can you imagine. I started at $50 a month, and by the time I married, I had advanced. I was getting $70 a month when I married that sweetheart. She bought from this meager paycheck the things that we needed, our groceries. She paid the bills. She saved some money for a rainy day, and she gave me a monthly allowance. Erma was my greatest critic, and she was my greatest supporter. When I left the West Virginia Legislature to come to Congress, the other body, the House of Representatives, and this body, which also makes up the Congress, I was carrying 22 credit hours at Marshall College, now Marshall University, but she, Erma, managed our little grocery store. She took care of our two daughters, and she kept the home fires burning. When I was attending law school while serving in the U.S. Congress, she would drive from our home at that time in Arlington, VA. She would meet me on Capitol Hill here, around 5:30 p.m., and she would give me my supper. She brought it to me in a paper bag. I would eat my supper while Erma drove me in our car to American University Law School for my classes at 6 p.m. Then she would return later that evening, 8 o'clock or 9 o'clock, to pick me up and take me to our home in Arlington. I also said, quite truly, that Erma had put three kids through school: our two daughters and me. Erma was the mother of two most wonderful children, my daughters Mona Carole and Marjorie Ellen. Marjorie Ellen was here yesterday with me as we had lunch with some friends in recognition--one might call it celebration, but I call it in recognition--of our 69th wedding anniversary. These two daughters have grown up to become outstanding women and mothers themselves. Marjorie was here with me and with her husband, John Moore. Like me, those daughters owe so much to the marvelous and wonderful woman they called ``mother.'' Through the years, Erma was my constant companion. She was there with me, by my side, on the campaign trails. She was with me in 1958 when, as a Congressman, I made a tour of the economically depressed areas of the State and other parts of the country. She was with me in April 1969, in Mexico City, Mexico, when I served as a delegate to the Mexico-United States Interparliamentary Conference. She was with me on all my trips to Europe and Asia. She was always there. Erma was always there with me at my side. She is with me today, I know. For nearly 69 years, that woman, the greatest woman I ever met--I have met queens and great women of the world--was with me. She was always with me. She is with me now, I know. For nearly 69 years, she was my comfort in times of sorrow. She was stoic and brave. She never flinched in times of trouble. We have lived and loved together through many changing years; we have shared each other's gladness and wept each other's tears; I have known ne're a sorrow that was long unsoothed by Erma; for thy smiles can make a summer where darkness else would be. I quoted from the lines of Charles Jeffries, ``We Have Lived and Loved Together.'' This quiet, self-contained coal miner's daughter confronted demonstrators and protesters in front of our home in Arlington. She spent many evenings alone when I had to stay late at the Capitol attending the Nation's business. She always was most comfortable with the unassuming, down-to-earth West Virginia folks, back in the hills of West Virginia, like those back in the hills of Kentucky from which my friend, Senator Mitch McConnell, comes. She met with kings and shahs, princes and princesses, Governors and Senators, Presidents. She entertained the high and the mighty, the powerful and the wealthy of this Nation in a foreign land because it was important to her husband who served as the majority leader of this Senate and various other Senatorial offices. She did it all with an innate, inherent graciousness, incredible patience, and a soft, warm smile. She was a remarkable lady of great wisdom, but most of all, great gentleness, yet she could be tough when she saw injustice or unfairness. I was always so proud of her. In fact, the entire State of West Virginia took pride in Erma. That is why she was named West Virginia Daughter of the Year in 1990. Oh, could we call back the vanished years. And she was named West Virginia Mother of the Year a few years later. Marriage is a sacred institution. It is more than the result of repeating a few vows. Marriage is an oath, an oath before God. I have admired the ancient Romans so much, as did Montesquieu, because they would not break an oath. They would go to their death rather than break an oath. The ancient Romans. So marriage is an oath before God, a sacred and noble contract between a man and a woman. Read it in the Bible. It is a glorious commitment, a commitment of love, of caring, and of sacrifice. It is a commitment that Erma and I honored and enjoyed for almost 69 years, through the bad times as well as the good, down the rough roads as well as the smooth ones. Our life's journey was not always smooth and easy traveling. In fact, it was as bumpy at some times and as curvy as a West Virginia mountain road. But over the years, Erma and I learned that the challenge of a marriage is the ability to overcome imperfections, not just to ignore them. We always remembered our devotion to each other, despite our shortcomings and despite the difficulties we encountered along life's way. And when Erma and I married on that blessed Saturday evening nearly 69 years ago, we were so proud and we were so poor that I could not even take a day off from work. We did not have the money for a honeymoon, so after the wedding we went to a square dance, where I played the fiddle and she danced. On Monday morning, where was I? I was back at work in the grocery store in that coal-mining camp of Stotesbury. I was back at the meat counter in a coal-mining camp of Stotesbury. Although our fortunes did change, allowing us the opportunity to celebrate our anniversary in more special ways over the years, my Erma, my Erma never changed. She never changed. From being the wife of a meatcutter at the Koppers store in Stotesbury, WV, to being the wife of the majority leader of the U.S. Senate, Erma never stopped being herself. Her enduring patience and her steadfast support were the stabilizing constants in our marriage. Could I have made this journey without her? Could I have accomplished as much as I have accomplished--whatever that may have been--without her? I think not. The more important point is that I did it with Erma, and I would not have had it any other way. She was God's greatest gift to me. I don't know what I ever did to deserve her, but somewhere along the line, I must have done something that was especially good. The good Lord, the King, the Lord of Hosts, smiled down on me at 6 o'clock in the evening on May 29, 1937. So may I close with these few words that come from a poem, ``An Old Sweetheart of Mine,'' by James Whitcomb Riley. Is this her presence here with me, Or but a vain creation of a lover's memory? A fair, illusive vision that would vanish into air, Dared I even touch the silence with the whisper of a prayer? Nay, let me then believe in all the blended false and truth-- The semblance of the old love and the substance of the new, The then of changeless sunny days--the now of shower and shine, But love forever smiling--as that old sweetheart of mine. Mr. President, I simply say that I give thanks to Almighty God for a long and good marriage and the richness which that hallowed institution has given to my life because of one very extraordinary woman. May God bless her and hold her to his bosom in Heaven until I come to be with her--this extraordinary woman, the daughter of a coal miner, Erma James Byrd. Mr. President, these are a few lines which were the favorite lines of Erma. The author's name is Isla Pascal Richardson. The lines are these: If I should ever leave you, Whom I love To go along the silent way, Grieve not, Nor speak of me with tears. But laugh and talk of me As if I were there beside you. For I will come--I'll come! Would I not find a way? Were tears and grief not be barriers? And when you hear a song or see a bird I loved, Please do not let your thoughts of me be sad. For I am loving you just as I always have . . . You were so good to me. There are so many things I wanted still to do-- So many things to say to you . . . Remember, that I did not fear death. It was just leaving you that was so hard to face. We cannot see beyond this life But this you know . . . I loved you so Never doubt that I am with you still! Mr. President: Love does not die with the body And nothing in heaven or on earth Can keep apart those who love one another. Mr. President, I yield the floor.

Mr. BYRD

Mr. BYRD. Mr. President, I appreciate from my heart the kind words of my dear friend, Senator Mitch McConnell, from our neighboring State of Kentucky. I am not sure that I was meant to have all these blessings, but I am sure of one thing: Erma was the perfect woman, the greatest woman I have ever met. And today I have no doubt that she is in Heaven. I also have no doubt that I can meet her. Let me thank again my friend, Mitch McConnell. How lovely were his words. How nice of him. I thank the Senator very much.

Mr. BYRD

Mr. BYRD. Mr. President, I shant leave this floor until I have said thank you to my noble friend, the able Senator from Michigan, the chairman of the committee on which I serve, the committee which authorizes the expenditures we must make if we are to keep our Nation strong, the Armed Services Committee. I thank him. He has been and is an inspiration to me. His dedication, his thoughtfulness, his courtliness--I thank him for all. Mr. President, I yield the floor and suggest the absence of a quorum.