Evan Bayh

Mr. BAYH

Mr. BAYH. I yield back my time.

Mr. BAYH. Mr. President, I thank our colleague, Senator Kennedy, for his steadfast support of this amendment. I thank our colleague, Senator Stevens, both for his courtesy at this moment and also because while we may have a substantive disagreement about this amendment, I know his heart is in the right place. This amendment ensures that our troops in Iraq and Afghanistan will have the equipment they need to accomplish their mission while keeping them out of harm's way. In deciding how to vote, I ask my colleagues to consider three things. First, the lesson of Katrina and regrettably the lesson of Iraq is that our Nation, when lives are at stake, must always plan for the worst, even as we hope for the best. Unfortunately, this has not happened in Iraq. On the contrary, our Armed Forces have consistently underestimated the need for armored vehicles in that theater of war. Nine times they have underestimated the need. They are no longer entitled to the benefit of the doubt. Regrettably, Walter Reed Army Hospital and other military hospitals are filled with the consequences of these errors. Let us not make that mistake again. I ask my colleagues to recall the image of that brave soldier who stood up in a conversation with our Secretary of Defense, complaining about what he referred to as ``hillbilly'' armor, talking about our brave troops having to search through garbage dumps for the ability to defend themselves from hostile attack. We owe them better than that. Better than that is exactly what this amendment will provide. I ask for Senators' favorable consideration.

Mr. BAYH

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. BAYH

Mr. BAYH. I thank the Chair. Mr. President, I come to the Chamber today to discuss amendments to promote our success in Iraq as quickly as possible, consistent with accomplishing our mission there, to hold those in charge for implementing our strategy in Iraq accountable for its success, and to do right by those bearing the burden of that conflict on our behalf, our brave military personnel and their loving families. These amendments are designed to increase the number of armored vehicles for our troops in the field and to promote and to protect their families financially at home but, even more important, to provide a clear picture of what we are doing in Iraq and a way to measure our progress there so that we can bring our troops home with their mission accomplished. Last week, Generals Casey and Abizaid came to Congress to inform us that the administration had finally heeded bipartisan calls from this body to develop a plan for success, a plan that goes way beyond merely asking the American people to stay the course. During their testimony before the Armed Services Committee and in private briefings for Senators, the generals talked about the plan and how it was developed jointly with Iraqi leadership. Essentially, if the plan is to be successful, it will lead to a reduction of American forces starting next year. In a discussion with Senator McCain, General Casey had the following to say: Senator McCain: Are you planning on troop withdrawals for next year? General Casey: I just said that, Senator. Yes. This is a bipartisan goal that we all support. Creating a stable Iraq and bringing American men and women home safely as soon as possible consistent with success is something that we all embrace. The generals also said that they had developed specific guidelines to allow them to measure the success of this plan. I am pleased that a plan has been developed and measurements created to gauge its success, although belatedly so. But I also know that having a plan is not nearly enough. It is the effective implementation of a strategy that will determine our ultimate success and establishing benchmarks that allow us to determine the progress that is being made. Regrettably, we have had far more of the development of a strategy and far less of the accountability for implementing the strategy so far in the Iraqi conflict. The time for changing that has come. Successful execution of any plan includes two things that have been lacking so far--accountability and candor. My amendment brings both of these elements into the administration's war effort. The amendment requires the Pentagon and the CIA to report to Congress and to the American people once a month on the progress they are making with regard to their own strategy and how it is faring on the measurements they have outlined to determine our success. It is their strategy, their benchmarks. If they are not being met, the administration should explain to the American people why. If no adequate explanation exists, those responsible must be held accountable. That is the way you run any business or any State, and that is the least we can expect when waging war. These benchmarks are crucial to gauging our progress and are vital to achieving our success. They were included in an unclassified document provided to the Congress this last week, the title of which is ``Transitional Readiness Assessment.'' It provides seven different measurements to determine how we are doing in Iraq: first, overall readiness; second, the number of Iraqi personnel; third, their command and control capability; fourth, the level and effectiveness of their training; fifth, the sustainment and logistics of those Iraqi units; sixth, the level of their equipment; and seventh, the quality of their leadership. It is vitally important that we share our progress or lack thereof in meeting these objectives with the American people. The American people are paying for this conflict with their money and their blood. They deserve to know how we are doing. One of the challenges of any military effort is to build and maintain public support. To date, the administration has provided rosy assessments that conflict so clearly with the reports from Iraq and the images on television. It is no surprise that the public's patience is growing thin. The American people can withstand adversity. What they won't stand for--and rightfully so--is being kept in the dark or being misled. That is why it is so critical that we provide the American people with an accurate assessment of our current situation, to plan for our success and let our people know and let them evaluate the progress we are achieving toward making that success. I hope this amendment can be a bipartisan one. It seeks to achieve the twin goals of accountability and candor that I have heard embraced by our colleagues from both sides of the aisle. In addition to this amendment, I have also introduced an amendment to provide our troops fighting in Iraq with the equipment they need in the field and the support their families deserve at home. The Army has chronically underestimated--nine consecutive times, in fact--the need for up-armored vehicles in the Iraqi theater. Nine consecutive times they have gotten it wrong. They no longer deserve the benefit of the doubt. Regrettably, Walter Reed Hospital and our other military hospitals in this Nation are filled with too many of the young men and women who have paid the consequence for these errors. We must do everything humanly possible to make sure no further errors take place. My armor amendment will provide enough funding to rebuild the Army stocks of up-armored HMMWVs as well as the armored vehicles used for cargo and troop transportation. With it, the military's depleted stock of armored vehicles will be made whole, ensuring that all of our troops have the protection they need while serving in both Iraq and Afghanistan--no more pleas to end hillbilly armor. One of the lessons learned in Iraq, along with the tragic Hurricane Katrina, is that when lives are at stake, it is incumbent upon us to err on the side of doing more rather than less. Let us get it right this time. For the families of our loved ones serving in harm's way, we must ensure that no one faces financial hardship because of their service overseas. Yet there is a growing body of evidence suggesting that the financial rights of service men and women are being abused or ignored. That must stop. Guard members who are called to active duty often face what I call a patriot penalty--a pay cut representing the difference between their civilian and Active-Duty pay. As a result, many families struggle to meet their mortgage payments or pay their heating bills. My amendment would eliminate this patriot penalty and ensure that no one takes a pay cut for serving their country. Some families struggling with bills have even faced eviction or foreclosure despite laws already on the books designed to protect them. Financial institutions say they are not aware of these special protections, but ignorance is no excuse. My amendment would enable the regulators who oversee our financial institutions to put a stop to this odious practice. Financial institutions must learn the law, and they must follow it. My amendment will force the administration to educate our troops about their rights and punish those who wrongfully take away our troops' homes. When we send troops into battle, we are asking them and their families to be willing to make the ultimate sacrifice. They are giving us everything. Giving them a realistic plan for success, along with the equipment they will need in the field to accomplish that success and the support their families deserve at home, is the least we can do for them. We owe it to them to do it right. That is what these amendments, when taken together, will accomplish. I thank the Chair and my colleagues for their patience. I call up the amendments numbered 1993, 1940, 1998, and 1933.

Mr. BAYH. Mr. President, I ask unanimous consent to call the amendments up en bloc.

Mr. BAYH. By all means.

Mr. BAYH. Mr. President, I would be pleased to work with my colleagues to clarify the substance of the amendments and to work on the issues regarding any of them. I have been advised to call up my amendment No. 1933, which is an appropriations amendment.

Mr. BAYH. Mr. President, I send an amendment to the desk.

Mr. BAYH. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with to give us an opportunity to discuss the substance of the amendment and time consideration.

Mr. BAYH. Mr. President, I would be delighted to discuss this matter with the Senator. The heart of my concern is that there has been a consistent pattern of underestimating our need, and the depletion of the stockpile means if they yet again underestimated the need, it would not be available for quick deployment in the theater, which would leave our troops short again. That is the basis of my concern. We would be delighted to discuss it with the Senator.

Mr. BAYH. I say to my friend and colleague, I look forward to conferring with him. It is neither his intentions nor his actions which I question; both his intentions and actions have been quite commendable. It is the advice of the Army which has consistently proven to be wrong, which we are relying on, that I question. That is the nature of the discussion I look forward to having.

Mr. BAYH. I suggest the absence of a quorum.

Mr. BAYH

Mr. BAYH. Mr. President, let me begin by thanking our colleague, Senator Kennedy from Massachusetts. He is busy and has a lot on his agenda. He has graciously agreed to let me speak before giving his remarks. I thank him for his courtesy. I also commend Senator Harkin, our colleague from Iowa, and Minority Leader Harry Reid for putting this pressing issue squarely on the national agenda. The issue of avian flu is one of the critically important issues of our time. Second only to the potential for the existence of weapons of mass destruction in the hands of suicidal terrorists, this issue has the potential to be catastrophic to the national security interests of this country. I cannot imagine a more timely issue or one more appropriate to be brought up on this legislation than something that will protect the American people who are currently dreadfully exposed to the possibility of a global pandemic. We need a new sense of urgency in addressing this issue. People have died because of avian influenza: 115 people have contracted it in Asia; 59 of those people have died. Leading experts say it is only a matter of time before this deadly disease becomes more efficient in moving from person to person. We should not await that dreadful day, but act proactively to protect the national security interests and the health interests of the people of the United States of America. Previous influenza epidemics have been catastrophic, killing not hundreds of thousands, but millions of human beings. We cannot afford to wait for that kind of event to occur. We are currently woefully unprepared. The estimates are that we have in our stockpiles only enough vaccine to cover about 1 percent of the American people. There are about 2.3 million doses of Tamiflu and 2 million doses of experimental pandemic flu vaccine in our stockpile. And another antiviral may have been compromised by the Chinese use on their poultry population, thereby imperiling its efficacy. We are way behind the curve in preparing for a potential outbreak or pandemic of this severity and potential magnitude. Other developed nations are way ahead of us in terms of compiling their stockpiles and preparing their public health agencies for a rapid response to this grave health threat. The final point I wish to make is I think more than anything else, the lesson of Hurricane Katrina has taught us this: When it is a matter of life and death for the American people, we better prepare for the worst, even as we hope for the best because then one of two things will happen: If the worst occurs, you are prepared to protect the life, the security, and the safety of those who place their confidence in us. That is the very least they should expect from their Government. And if the worst did not happen, then we will be pleasantly surprised. When it comes to dealing with avian influenza, let us not have a repeat of the mistakes of Hurricane Katrina. Let us be prepared so we may protect our citizens or so we may be pleasantly surprised. That is what Government is all about. That is why I am pleased to be a cosponsor of the Harkin amendment. I thank our leader Harry Reid and, once again, Senator Kennedy for a lifetime of leadership on these issues and for his courtesy to me today. Mr. President, I yield the floor.

Mr. BAYH

Mr. BAYH. Mr. President, I rise today to commend the hard work and selflessness of the members of the Indiana National Guard for their efforts to rebuild the gulf coast in the wake of Hurricane Katrina. Helping others in need is a longstanding Hoosier value, and there is no question that the people of Mississippi and Louisiana needed help from all States following such a terrible natural disaster. Our Indiana Guard members, and those from many other States, answered that call for help, and deserve to be recognized for their work. The Crescent City is a far cry from our Hoosier State, but the men and women of the Indiana National Guard have made New Orleans their home away from home as they work to restore the city to its pre-Katrina greatness. Throughout Louisiana and Mississippi, hundreds of our Guard members are helping in all aspects of the recovery efforts, by clearing neighborhoods, helping evacuees and restoring order to the chaos left by Katrina. Work like this is part of what makes America great. Over the past month, we have witnessed countless acts of tremendous heroism and heartwarming generosity performed by complete strangers working to help others weather this storm. Americans from across the country came together to give money, food, clothes, and shelter to people they will likely never meet. Indiana's reaction to this terrible tragedy has made me proud to be a Hoosier. Our Guard members left behind families and loved ones--many of whom they have been separated from during long tours of duty overseas-- to come to the aid of other families and help them rebuild their lives. In a true example of Hoosier hospitality, hundreds of Indiana families have opened their homes to evacuees in need of shelter. Many Hoosiers have donated to nonprofits like the Red Cross, and members from local police and fire stations have traveled south to offer their help. Whether defending our freedom overseas or rebuilding in the face of natural disasters at home, the members of the Indiana National Guard represent the best of Indiana and America. They sacrifice time with loved ones and travel thousands of miles to shoulder some of the heaviest loads in the cleanup efforts. Most importantly, their work gives people hope that life can return to normal and that the towns devastated by Katrina can be rebuilt. For leading the way and reminding us of our ability to recover from such storms, the Indiana National Guard, and all volunteers working in the gulf today, deserve our thanks.

Mr. BAYH

Mr. BAYH. Mr. President, I rise today with a heavy heart to honor the life of a great man, Jon Krahulik, who died this week after a courageous struggle with cancer. He was a good friend, devoted family man, and faithful public servant. I will miss him dearly, and I know that sentiment is shared by countless others across Indiana. I had the honor of appointing Jon to the Indiana Supreme Court more than 15 years ago. While on the court, he served Indiana with distinction, garnering the admiration of all those whom he encountered. During his time on the bench, he authored nearly 120 opinions, shaping the laws of our State and influencing policymakers across the country. Whether it was teaching law, serving as a trial lawyer, working to reform State government or recommending changes to Indiana's criminal justice system, Jon brought to bear his remarkable talents and his belief in the potential of humanity. He always sought justice while forging collective solutions. His record of service to the legal profession was matched only by his service and dedication to the community. Jon went to law school in Indianapolis and stayed on to practice law for nearly two decades at Bingham Summers Welsh & Spilman. He resigned from the Indiana Supreme Court to become president at Chemed Corp., in Cincinnati. A true family man who possessed a deep love for the law, Jon later returned to Indianapolis to start a law firm with his two sons. His personal accomplishments are as impressive as his professional ones. A man of incredible physical strength, Jon ran in several marathons and competed in an Iron Man Triathlon in Hawaii. Indiana lost a great man when cancer took Jon away from us. It is my sad honor to enter the name of Jon Krahulik in the Record of the United States Senate for his service to Indiana and for his profound contributions to the field of law.

Mr. BAYH

Mr. BAYH. Madam President, I ask unanimous consent to speak for up to 10 minutes.

Mr. BAYH. Madam President, I do not speak often on the floor of the Senate. Frankly, it has been my observation that we have too many speeches and not enough action in this town. But some events are so profound that they demand our reflection. The tragedy along the Gulf Coast is such a time. This Sunday will be the fourth anniversary of the terrorist attacks on September 11, attacks that opened our eyes to the dangerous world we live in, made real the existence of evil, and shook our national complacency forever. Last week we witnessed a tragedy of equal proportions, not a terrorist attack, but an act of nature made more tragic by the violation of the bedrock American value of community and the fundamental promise implicit between our Government and our people. Our Government failed at one of the most basic functions it has, providing for the physical safety of our citizens, and in so doing raised questions about who we are as a people, what makes us special, and whether our leaders understand. I am not going to dwell on the horror of the past week which we as a Nation witnessed and which the people of the Gulf Coast experienced. Among the horrors, we also witnessed countless episodes of tremendous heroism and heartwarming generosity, and we saw Americans rise up to play the role the Government should have played by getting money, food, water, clothes, even opening their homes to complete strangers. That is the best of America. There will be a time for hearings and for factfindings, for commissions. Those investigations must be independent, so we can get to the bottom of what happened and why. And those responsible must be held accountable for their mistakes, not promoted or awarded medals. Today, however, I want to talk about something deeper: The breaking of a promise between our basic institutions of Government and the American people who have created those institutions. The fact is that scores, maybe hundreds or thousands of lives were lost, not simply because people didn't leave or because the levees were not strengthened, but because after the storm our institutions of Government failed them, and that is not right. Many of us never thought we would live to see the day when tens of thousands of our fellow citizens would be left for nearly a week to fend for themselves without food, without water, and stranded on rooftops. This is a moment where we have to step back and revisit the idea of what America is all about. People came here because of that idea. They came because of the promise that everyone has an opportunity to aspire to something greater, and if you work hard and play by the rules, our Government will stand up for you if you happen to fall down on your luck. What happened last week in New Orleans and along the Gulf Coast broke faith with that idea in a profound way. I believe the truth about America today is that our institutions, and particularly this administration, have broken their fundamental promise to the people they were elected to serve. It is unfortunate but perhaps not surprising from leaders ideologically hostile to the institutions they lead. The answer to the challenges we confront today cannot be big government, but it can also not be no government. And above all it cannot be incompetent government. But that is what they have given us. What we are seeing in New Orleans is the result of a series of misjudgments and misdirected priorities that have all produced an increasingly tragic result, a people unprotected by their own Government, a government that no longer embodies our most basic and most precious of values. From soldiers without armor to protect them in battle, to children with no health care to protect them against disease, to corporate employees with no pensions to provide for them in their elder years, this administration has sown the seeds of indifference and division for too long and now we are all reaping the whirlwind. Americans have always prized individuality. It is a part of our national DNA. But America is a community that draws strength from the sum of our people and has always known that the total of that sum is worth far more than its individual parts. We can only do so much alone. To maximize our freedom, to make the most of our liberties, sometimes we must act together. It is what separates us from the law of the jungle. It is what makes us special and different from other countries, too. As a civil rights leader once said, we may have arrived on these shores in different ships, but we are all in the same boat now. Last week we were not all in the same boat. There were too many left adrift, too many of our boats were left behind. This is not the America we have known for more than 200 years. It is not the America we should aspire to be. Our Government broke a promise. It did not keep faith with our values. It is time for us to renew that commitment, to make a new promise to the people who went through the horror of last week, and to say to each and every American across our great land, we are going to work with you to rebuild your city, to give you the tools and the resources you need to get back on your feet, that together we are all in the same boat and that everyone--everyone--has a place. It will help you and it will strengthen all of us. We must provide funding to school districts that accept displaced children. We must provide medical assistance for displaced victims without forcing them to wade through endless redtape. We must rebuild and strengthen the levee system in New Orleans as quickly as humanly possible, which should have been done years ago, so that its people never again will face the calamity of last week. If Holland can do it, the little nation of Holland, then so, too, can we. But to accomplish all of this and so much more that remains to be done, it will take leadership, leadership unlike that which has controlled Washington for these last several years. The times demand leaders who understand that the true test of leadership is not how we accentuate the differences among us but instead how we reconcile them, how we forge principled consensus, how we find common ground. We need leaders who appeal to us to think about something other than narrow self-interest but instead focus upon the greater, the better good. The answer to our challenges can be found all around us on this floor. It is written in the motto of the Great Seal of the U.S. Senate. E Pluribus Unum: Out of Many, One. It is written on the motto of the great seal of the United States Senate, ``E Pluribus Unum,'' Out of Many, One. United, there are no challenges we cannot meet; divided, we will be surrounded by dangers, our potential as a nation unfulfilled. So this Sunday, September 11, let us say a prayer for the victims in New York and for those on the Gulf Coast and, most of all, let us say a prayer and ask for a blessing on this great country that we might have the unity and the wisdom and the selflessness to fulfill the full meaning of our creed: ``One nation under God, with liberty and justice for all.'' Thank you, Madam President. I yield the floor. Madam President, I suggest the absence of a quorum.

Mr. BAYH

Mr. BAYH. Mr. President, I rise today with a heavy heart and deep sense of gratitude to honor the life of a brave soldier who attended high school in Indianapolis and whose family resides in Martinsville. Jeremy Doyle, 24 years old, died on August 18 when his vehicle was struck by a roadside bomb in Samarra, Iraq. With so much of his life left before him, Jeremy risked everything to fight for the values Americans hold close to our hearts, in a land halfway around the world. Although he did not call Martinsville home, Jeremy's impact on the town was demonstrated by the hundreds of families who lined the town's streets for 3\1/2\ miles as his funeral procession wound through downtown. At the funeral, family members remembered Jeremy as a jokester and a soldier who deeply loved his family and the U.S. military. A commander of an armored humvee, Jeremy was on his second tour of duty in Iraq having returned to Iraq after being slightly wounded last spring while he tried to deactivate an explosive. His uncle told the crowd gathered at Jeremy's funeral service: [Jeremy] will forever be my hero. I stand here today to express the same feelings of pride and gratitude for this young man's sacrifices and those made by his family on behalf of our country. Jeremy was killed while serving his country in Operation Iraqi Freedom. He was assigned to the 3rd Infantry Division, stationed at Fort Wayne, GA. This brave young soldier leaves behind his wife, Leah McGinnis Doyle. Today, I join Jeremy's family and friends in mourning his death. While we struggle to bear our sorrow over this loss, we can also take pride in the example he set, bravely fighting to make the world a safer place. It is his courage and strength of character that people will remember when they think of Jeremy, a memory that will burn brightly during these continuing days of conflict and grief. Jeremy was known for his dedication to his family and his love of country. Today and always, Jeremy will be remembered by family members, friends and fellow Hoosiers as a true American hero, and we honor the sacrifice he made while dutifully serving his country. As I search for words to do justice in honoring Jeremy's sacrifice, I am reminded of President Lincoln's remarks as he addressed the families of the fallen soldiers in Gettysburg: We cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note nor long remember what we say here, but it can never forget what they did here. This statement is just as true today as it was nearly 150 years ago, as I am certain that the impact of Jeremy's actions will live on far longer than any record of these words. It is my sad duty to enter the name of Jeremy Doyle in the official record of the U.S. Senate for his service to this country and for his profound commitment to freedom, democracy and peace. When I think about this just cause in which we are engaged, and the unfortunate pain that comes with the loss of our heroes, I hope that families like Jeremy's can find comfort in the words of the prophet Isaiah who said: He will swallow up death in victory; and the Lord God will wipe away tears from off all faces. May God grant strength and peace to those who mourn, and may God be with all of you, as I know He is with Jeremy. Army Sergeant Michael Schafer Mr. President, with a heavy heart and deep sense of gratitude I wish to honor the life of a brave soldier from Crown Point. Michael Schafer, 25 years old, died on July 25 from enemy gunfire on a quick reaction force mission in Oruzgan, Afghanistan. With so much of his life left before him, Michael risked everything to fight for the values Americans hold close to our hearts, in a land halfway around the world. A generous and humorous man, Michael enlisted in the military following high school and re-enlisted 2 years ago. In joining the military, Michael continued a family tradition, as his father, Mark, served in the Navy. He was among the paratroopers who jumped into northern Iraq in March 2003 at the start of the war. Upon the completion of his time in the Army, Michael dreamed of becoming a police officer. A true believer in the cause of freedom, Michael often told his family that he loved what he was doing. His family recounted to a local newspaper their pride in Michael and his habit of putting others before himself. I stand here today to express the same feelings of pride and gratitude for this young Hoosier's sacrifices and those made by his family on behalf of our country. Michael was killed while serving his country in Operation Enduring Freedom. He was assigned to the 2nd Battalion, 503rd Infantry Regiment, Vicenza, Italy. This brave young soldier leaves behind his wife, Danielle, and their adopted son. Today, I join Michael's family and friends in mourning his death. While we struggle to bear our sorrow over this loss, we can also take pride in the example he set, bravely fighting to make the world a safer place. It is his courage and strength of character that people will remember when they think of Michael, a memory that will burn brightly during these continuing days of conflict and grief. Michael was known for his dedication to his family and his love of country. Today and always, Michael will be remembered by family members, friends and fellow Hoosiers as a true American hero and we honor the sacrifice he made while dutifully serving his country. As I search for words to do justice in honoring Michael's sacrifice, I am reminded of President Lincoln's remarks as he addressed the families of the fallen soldiers in Gettysburg: We cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note nor long remember what we say here, but it can never forget what they did here. This statement is just as true today as it was nearly 150 years ago, as I am certain that the impact of Michael's actions will live on far longer than any record of these words. It is my sad duty to enter the name of Michael Schafer in the official record of the United States Senate for his service to this country and for his profound commitment to freedom, democracy and peace. When I think about this just cause in which we are engaged, and the unfortunate pain that comes with the loss of our heroes, I hope that families like Michael's can find comfort in the words of the prophet Isaiah who said, ``He will swallow up death in victory; and the Lord God will wipe away tears from off all faces.'' May God grant strength and peace to those who mourn, and may God be with all of you, as I know He is with Michael.

Mr. BAYH

Mr. BAYH. Mr. President, today I wish to recognize the centennial celebration of Indianapolis Life. I am honored to have the opportunity to offer my sincere congratulations on the company's 100 years of service and I want to express my gratitude and admiration for its many contributions to the State of Indiana. It is companies such as Indianapolis Life Insurance that make me proud to be a Hoosier. I had the honor of serving briefly on the board of directors of Indianapolis Life, giving me the chance to see the workings of this company first-hand. Not only does Indianapolis Life provide high- quality insurance to hundreds of thousands of customers, but it is also a pillar of community support in Indianapolis, through its corporate philanthropy and the volunteer activities of its staff. The financial success of the company has created economic growth across the country and has been an important part of the State economy for a century now. On behalf of the State of Indiana, I thank all the employees, staff and directors who have made Indianapolis Life into the company it is today.

Mr. BAYH

Mr. BAYH. Mr. President, I rise today with a heavy heart and deep sense of gratitude to honor the life of a brave soldier from Portage. Adam Harting, 21 years old, died on July 25 in Samarra when an improvised explosive device detonated near his Bradley Fighting Vehicle. With so much of his life left before him, Adam risked everything to fight for the values Americans hold close to our hearts, in a land halfway around the world. Only 19 years old when he arrived in Kuwait to begin his service in Operation Iraqi Freedom, Adam was featured in Time Magazine in 2003 as one of the youngest soldiers stationed overseas. A graduate of Portage High School, Adam had always dreamed of joining the military and was active in the ROTC program throughout his high school years. Adam and his twin brother, Alex, both promised their father when they were young that they would enter the military, and both lived up to that promise, with Adam serving in the Army and Alex in the Air Force. Their father, Jim Harting, recounted his pride in Adam's service and character to a local newspaper, saying, ``He was a hero. He was my hero.'' I stand here today to express the same feelings of pride and gratitude for this young Hoosier's sacrifices and those made by his family on behalf of our country. Adam was killed while serving his country in Operation Iraqi Freedom. He was a member of the 3rd Battalion, 69th Armor Regiment, 1st Brigade Combat Team, 42nd Infantry Division, Fort Stewart, GA. This brave young soldier leaves behind his father and step-mother, Jim and Brenda Harting; his mother, Katherine Brown; and his seven siblings, Alex, 21, Mark, 20, Josh, 15, Jimmy, 14, Tiffany, 22, Tabitha, 20, and Hanna, 8. Today, I join Adam's family and friends in mourning his death. While we struggle to bear our sorrow over this loss, we can also take pride in the example he set, bravely fighting to make the world a safer place. It is his courage and strength of character that people will remember when they think of Adam, a memory that will burn brightly during these continuing days of conflict and grief. Adam was known for his dedication to his family and his love of country. Today and always, Adam will be remembered by family members, friends and fellow Hoosiers as a true American hero, and we honor the sacrifice he made while dutifully serving his country. ' As I search for words to do justice in honoring Adam's sacrifice, I am reminded of President Lincoln's remarks as he addressed the families of the fallen soldiers in Gettysburg: ``We cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note nor long remember what we say here, but it can never forget what they did here.'' This statement is just as true today as it was nearly 150 years ago, as I am certain that the impact of Adam's actions will live on far longer than any record of these words. It is my sad duty to enter the name of SPC Adam James Harting in the official record of the United States Senate for his service to this country and for his profound commitment to freedom, democracy and peace. When I think about this just cause in which we are engaged, and the unfortunate pain that comes with the loss of our heroes, I hope that families like Adam's can find comfort in the words of the prophet Isaiah who said, ``He will swallow up death in victory; and the Lord God will wipe away tears from off all faces. May God grant strength and peace to those who mourn, and may God be with all of you, as I know He is with Adam.

Mr. BAYH

Mr. BAYH. Mr. President, great concern has been raised by this Senator, and others, in recent weeks regarding efforts by the China National Offshore Oil Corporation, known as CNOOC, to acquire the prominent U.S. oil company, Unocal, based in California. The Unocal Board has endorsed a takeover bid by Chevron, also a California company, which its shareholders will vote on in the coming days. This Senate needs to be aware, however, that CNOOC, which is essentially an arm of the Chinese government, may well be planning to raise its bid to acquire Unocal, and what greatly disturbs this Senator are reports in the press that they are waiting for Congress to adjourn for August before making a renewed bid--a move that directly challenges the Congress and the authority granted to it by the Constitution to regulate foreign commerce. Moreover, this renewed bid heightens my concerns about the heavily subsidized nature of CNOOC's financing. When foreign firms compete for assets in the U.S., it is essential that they do so on a level playing field with U.S. companies. Government subsidies tilt this playing field, and in doing so distort competition. This harms U.S. workers, companies and investors. Congress recently approved an amendment to the Energy Policy Act that requires the Administration to study these issues and report to Congress and the President. This amendment reflects Congress' strong reservations about the PRC's role in financing the acquisition of U.S. energy assets, and about CNOOC bid for Unocal in particular. CNOOC's decision to increase its bid would heighten my concerns about CNOOC's efforts. If anything, it reinforces my belief that subsidies of this sort raise serious economic policy concerns and leave U.S. firms at an unfair competitive disadvantage. You can be sure that I will not be alone amongst my colleagues, in the Senate and in the House, who will be paying attention to what happens in the coming days, and if need be, will be prepared to act when Congress returns in September.

Mr. BAYH

Mr. BAYH. Mr. President, today I wish to pay tribute to the life of a distinguished civil servant and friend, Stephen ``Bob'' Stiglich, who passed away early this morning. Bob's love for our State kept him involved in public service up until his death, working to help Hoosiers from all walks of life. I know that he will be greatly missed. Bob was a good and decent man who dedicated his life to public service. From his time in law enforcement to his successes in business to his involvement in Democratic politics, his long career was filled with acts of conscientious service on behalf of friends, family members, and Hoosiers across Northwest Indiana. The contributions he made to the region touched countless lives and his presence and humor will be sorely missed. Bob began his career as an East Chicago police officer, and he never stopped serving the people of Northwest Indiana. It is a rare man who can make such an impact on so many people over the course of one life. Hoosiers will miss Bob as a friend, a community leader, and colleague. It is my sad duty to enter the name of Stephen ``Bob'' Stiglich in the official record of the United States Senate for his service to the State of Indiana. My thoughts and prayers are with his family.

Mr. BAYH

Mr. BAYH. Mr. President, I rise today to recognize the great achievements of Charles W. Phillips, director of the Indiana Department of Financial Institutions. After 16 years serving the citizens of our State, Charlie Phillips is entering into a well-deserved retirement. Over the years, he has contributed to the safety and soundness of Indiana's banking industry, and I am honored to have the opportunity to thank him for his leadership and commitment to the people of Indiana. Charlie Phillips began his distinguished career in 1950 as an examiner with the Federal Deposit Insurance Corporation, FDIC, where he dedicated himself to banking and bank supervision. In 1958, Charlie Phillips moved to New Albany to work as president of Floyd County Bank. As a leader in his community for more than 25 years, he helped acquire land to establish the Indiana University Southeast campus in New Albany. For this achievement, Charlie Phillips was recognized with the Chancellor's Medallion for Distinguished Service. In 1989, after a brief retirement, Charlie agreed to become the director of the Department of Financial Institution for Indiana. I am proud to have been able to appoint him to that post. During his tenure as director, he served three other Governors besides myself. As director, Charlie Phillips was responsible for promoting the modernization of the Indiana Financial Institutions Act, which addressed corporate governance, interstate branching, and payday lending reform. His commitment to encouraging employees to pursue continued professional development is among one of his greatest accomplishments. As a result, one of his legacies will be a well- trained staff, important to the health of Indiana's banking system and economy. The people of Indiana have benefited from Charlie's hard work and dedication. I am proud to have appointed him to a position that made use of his many talents and to be able to honor him today. I wish him all the best in his retirement.

Mr. BAYH

Mr. BAYH. Mr. President, I rise today with a heavy heart and deep sense of gratitude to honor the life of a brave young man from Crown Point. Nick Idalski 23 years old, died on June 21 during combat operations west of Baghdad near Ramadi. With his entire life before him, Nick risked everything to fight for the values Americans hold close to our hearts, in a land halfway around the world. A 2001 graduate from Crown Point High School, Nick was killed in combat just 1 month before he was scheduled to return home. He had been in the Army for less than 2 years, first being sent to South Korea for a short time before his deployment to Iraq. His family recounted to a local newspaper Nick's passion for being a soldier and helping other people, saying that he died doing something he truly loved. They shared their memories of how selfless, jolly, and determined Nick was, and their pride in him when he decided to join the Army. I stand here today to express the same feelings of pride and gratitude for this young Hoosier's sacrifices and those made by his family on behalf of our country. Nick was killed while serving his country in Operation Iraqi Freedom. He was a member of the Army's 2nd Infantry Division, and had been stationed in Ramadi since August. This brave young soldier leaves behind his mother and stepfather, Kim and Richard Greenberg; his father, Tony Idalski; his two brothers, Steve and Nathan Idalski; his stepbrother, Kevin Greenberg; two stepsisters; and his longtime girlfriend, Lisa Wheeler. Today, I join Nick's family and friends in mourning his death. While we struggle to bear our sorrow over this loss, we can also take pride in the example he set, bravely fighting to make the world a safer place. It is his courage and strength of character that people will remember when they think of Nick, a memory that will burn brightly during these continuing days of conflict and grief. Nick was known for his dedication to his family and his love of country. Today and always, Nick will be remembered by family members, friends and fellow Hoosiers as a true American hero and we honor the sacrifice he made while dutifully serving his country. As I search for words to do justice in honoring Nick's sacrifice, I am reminded of President Lincoln's remarks as he addressed the families of the fallen soldiers in Gettysburg: We cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note nor long remember what we say here, but it can never forget what they did here. This statement is just as true today as it was nearly 150 years ago, as I am certain that the impact of Nick's actions will live on far longer than any record of these words. It is my sad duty to enter the name of Nick Idalski in the official Record of the U.S. Senate for his service to this country and for his profound commitment to freedom, democracy and peace. When I think about this just cause in which we are engaged, and the unfortunate pain that comes with the loss of our heroes, I hope that families like Nick's can find comfort in the words of the prophet Isaiah who said, ``He will swallow up death in victory; and the Lord God will wipe away tears from off all faces.'' May God grant strength and peace to those who mourn, and may God be with all of you, as I know He is with Nick.

Mr. BAYH

Mr. BAYH. Mr. President, I compliment my colleague from New Jersey for his eloquence and for his insight on the important role the filibuster has always played in building consensus in our society. It is unfortunate that we are here. It is unfortunate for this institution. It is unfortunate for the Members of this body. It is unfortunate for our country and for the political process that governs us all. Mr. President, let there be no illusions. There will be no winners here. All will lose. The victors, in their momentary triumph, will find that victory is ephemeral. The losers will nurture their resentments until the tables one day turn, as they inevitably will, and the recrimination cycle will begin anew. This sorry episode proves how divorced from the reality of most America Washington and the elites that too often govern here have become. At a time when Americans need action on health care, the economy, deficit, national security, and at a time when challenges form around us that threaten to shape the future, we are obsessing about the rules of the Senate and a small handful of judges. At times like this, I feel more like an ambassador to a foreign nation than a representative of my home. This episode feeds the cynicism and apathy that have plagued the American people for too long. It brings this institution and the process that has brought us here into disrepute and low esteem. No wonder so few of our citizens take the time to exercise even the most elementary act of citizenship--the act of going to the polls to vote. Very briefly, let me say what this is all about, but let me begin by saying what it is most definitely not about. This is not about the precedents and history of this body. It has been interesting to sit silently and observe colleagues on both sides of the aisle make appeals to precedent and history, and both do so with equal passion. History will not provide an answer to this situation that confronts us. It is not about whether nominees get an up-or-down vote. In fact, it is about the threshold for confirmation that nominees should be held to, a simple majority or something more. It is not about whether the chief executive will have his way the vast majority of the time. This President has seen 96 percent, or more, of his nominees confirmed by this Senate, which is a high percentage by any reckoning. This debate is not about whether or not there are ideological or partisan tests being applied to nominees. I would assume that the 200-some nominees sent to us by this President are, for the most part, members of his party, that most share his ideology, and yet more than 200 have been confirmed. There are no litmus tests here. Mr. President, this is really about the value we, as a people, place upon consensus in a diverse society. It is about the reason that the separation of powers and the balance of powers were created by the Founders of this Republic in the first place. And it is ultimately about whether we recall our own history and the understanding of human nature itself, the occasional passions and excesses and deals of the moment that lead us to places that threaten consensus and the very social fabric of this Republic. It is about the value we place upon restraint in such moments. Is it unreasonable to ask more than a simple majority be required for confirmation to lifetime appointments to the courts of appeal or the Supreme Court of the United States, who will render justice and interpret the most fundamental, basic framing documents of this Nation? Should something more than a bare majority be required for lifetime appointments to positions of this importance and magnitude? I believe it should. Should we be concerned about a lack of consensus on such appointees who will be called upon to rule upon some of the most profound decisions which inevitably touch upon the political process itself? I think my colleague, Senator Lautenberg, mentioned the decision in Gore v. Bush. And if a sizable minority of the American people come to conclude that individuals who are rendering these verdicts are unduly ideological or perhaps unduly partisan themselves, will this not undermine the respect for law and the political process itself and ultimately undermine our system of governance that brought us here? I fear it might. Essentially, aren't these concerns--respect for the rule of law, respect for the independence of the judiciary, the importance of building consensus, and the need in times of crisis to lay aside the passions of the moment and understand the importance of restraint on the part of the majority--aren't these concerns more fundamentally important to the welfare of this Republic than four or five individuals and the identities of those who will fill these vacancies? The answer to that must be, unequivocally, yes. There are deeper concerns than even these, Mr. President. The real concerns that I have with regard to this debate have to do with the coarsening of America's politics. In the 6\1/2\ years I have been honored to serve in this body, there have been just two moments of true unity, when partisanship and rancor and acrimony were placed aside. First was in the immediate aftermath of the first impeachment of a President since 1868 and the feeling that perhaps we had gone too far. The second was in the immediate aftermath of 9/11, when our country had literally been attacked and there was a palpable understanding that we were first not Republicans or Democrats, but first and foremost Americans. It is time for us to recapture that spirit once again. Today, all too often, we live in a time of constant campaigns and politicking, an atmosphere of win at any cost, an aura of ideological extremism, which makes principled compromise a vice, not a virtue. Today, all too often, it is the political equivalent of social Darwinism, the survival of the fittest, a world in which the strong do as they will and the weak suffer what they must. America deserves better than that. I would like to say to you, Mr. President, and to all my colleagues, that you, too, have suffered at our hands. Occasionally, we have gone too far. Occasionally, we have behaved in ways that are injudicious. I think particularly about the President's own brother, who was brought to the brink of personal bankruptcy because he was pursued in an investigation by the Congress, not because he had plundered his savings and loan, but because he happened to be the President's brother. Each of us is to blame, Mr. President. More importantly, each of us has a responsibility for taking us to the better place that the American people have a right to deserve. There is a need for unity in this land once again. We need to remember the words of a great civil rights leader who once said: We may have come to these shores on different ships, but we are all in the same boat now. We need to remember the truth that too many in public life don't want us to understand; that, in fact, we have more in common than we do that divides us. We are children of the same God, citizens of the same Nation, one country indivisible, with a common heritage forged in a common bond and a common destiny. It is about time we started behaving that way. We need to remember the words of Robert Kennedy, who was in my home State the day Martin Luther King was assassinated. Indianapolis was the only major city that escaped the violence of that day, most attributed by Kennedy's presence in our city. He went into Indianapolis in front of an audience that was mostly minority citizens. He went up on a truck bed and said: I am afraid I have some bad news. Martin Luther King was killed today. A gasp went up from the audience. He said: For those of you who are tempted to lash out in anger and violence, I can only say that I too had a relative who was killed. He too was killed by a white man. Kennedy went on to say that what America needs today in these desperate times is not more hatred, or more anger, or more divisiveness; what America needs today is more unity, more compassion, and more love for one another. That was true in 1968; it is true today. The time has come for the sons and daughters of Lincoln and the heirs of Jefferson and Jackson to no longer wage war upon each other, but instead to take up again our struggles against the ancient enemies of man--ignorance, poverty, and disease. That is what has brought us here. That is why we serve. Mr. President, we need to rediscover the deeper sense of patriotism that has always made this Nation such a great place, not as Democrats or Independents, not as residents of the South, or the East, or the West, not as liberals or conservatives, or those who have no ideological compass, but as one Nation, understanding the threats that face us, determined to lead our country forward to better times. So I will cast my vote against changing the rules of this Senate for all of the reasons I have mentioned in my brief remarks and those that have been mentioned by speakers before me. But more than that, I will cast my vote in the profound belief that this is a rare opportunity to put the acrimony aside, put us on a better path toward more reconciliation, more understanding and cooperation for the greater good. And if in so doing, I and those of similar mind can drain even a single drop of blood or venom from the blood that has coarsed through the body of this politic for too long, we will have done our duty to this Senate and to the Republic that sent us here, and that is reward enough for me. Mr. President, I yield the floor.