Evan Bayh

Mr. BAYH

Mr. BAYH. Mr. President, today I pay tribute to an extraordinary class of students from Hamilton Southeastern High School in Fishers. These outstanding young Hoosiers competed against 50 other schools from across the Nation and won honorable mention as one of the top ten finalists in the We the People: The Citizen and the Constitution national finals in Washington, D.C. The motivation displayed by these students will no doubt lead them along the path to becoming some of our country's future leaders. It is my honor to enter the names of Ryan Arnold, Natasha Arora, Kelsey Buckingham, Ricardo Doriott, Eddie Gillham, Worthe Holt III, Carolyn Homer, Kyle Lymberopoulos, Ashley Martin, Michael Matern, Allison Nimtz, Alex Orlowski, Laura Peregrim, Jennifer Wardell, Brian White and Marissa Wills in the official Record of the Senate for their remarkable understanding of the fundamental ideals and values of American government. I also want to take a moment to salute Jill Baisinger, these students' teacher, for her clear commitment to encouraging the curiosity and development of our Hoosier youth and furthering their understanding of American Government.

Mr. BAYH

Mr. BAYH. Mr. President, I also rise today with a heavy heart and deep sense of gratitude to honor the life of a brave young man from Evansville. Darren DeBlanc, 20 years old, died on April 29 when a roadside bomb exploded during his patrol in Baghdad. With his entire life before him, Darren risked everything to fight for the values Americans hold close to our hearts, in a land halfway around the world. A 2003 graduate of Reitz High School, Darren was only 2 weeks away from returning home to Evansville when this tragedy occurred. In March, he had been decorated for his bravery in Iraq with a Purple Heart, after surviving an earlier bomb attack. Darren had a carefully laid plan for his life: he intended to finish his 3-year commitment to the Army, then take classes in law enforcement in the hopes of boosting his application to join the Evansville police force with his brother. Friends and family recount that he was an outgoing, driven, and personable young man with a promising future ahead of him. His mother Judy Woolard told a local television station, ``I know if he is looking down on us, he is very proud with the way his life ended because if he was to go, this was the way, trying to help other people.'' I stand here today to express Indiana's gratitude for Darren's sacrifices and for those made by his family on behalf of our country. Darren was killed while serving his country in Operation Iraqi Freedom. He was assigned to the 10th Mountain Division, based out of Fort Drum, New York. This brave young soldier leaves behind his father Michael DeBlanc, Sr., his mother Judy Woolard, and his older brother Michael DeBlanc, Jr. Today, I join Darren'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 Darren, a memory that will burn brightly during these continuing days of conflict and grief. Darren was known for his dedication to his family and his love of country. Today and always, Darren 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 Darren'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 Darren's actions will live on far longer than any record of these words. It is my sad duty to enter the name of Darren DeBlanc in the official record of the 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 Darren'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 Darren.

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 Westfield. Robert Murray, 21 years old, died on April 29 when a bomb exploded beside his vehicle during a reconnaissance mission in Tal Afar. With his entire life before him, Robert risked everything to fight for the values Americans hold close to our hearts, in a land halfway around the world. After graduating from Westfield High School in 2002, Robert attended Indiana State University where he studied aviation management. He was a licensed pilot and a musician who decided to join the Army because of family history and a sense of patriotism and duty after the tragic events of 9/11. Friends and colleagues remember him as a determined and well-liked individual with a good sense of humor. His mother Katrina Murray released a statement praising her son's heroism, saying, ``From an early age, Robert wanted to enter the military. This was the path he chose, and I want to honor his choice by remembering him as a hero who served his country proudly and made the ultimate sacrifice. He will be missed by our entire family and his many friends. He brought so much joy and laughter.'' I stand here today to express the same sentiments of pride in this young Hoosier and gratitude for his sacrifices and for those made by the Murray family on behalf of our country. Robert was killed while serving his country in Operation Iraqi Freedom. He was assigned to the 2nd Squadron, 3rd Armored Cavalry Regiment, based in Fort Carson, CO. This brave young soldier leaves behind his father Robert W. Murray Sr. his mother Katrina and his two sisters. Today, I join Robert'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 Robert, a memory that will burn brightly during these continuing days of conflict and grief. Robert was known for his dedication to his family and his love of country. Today and always, Robert 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 Robert'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 Robert's actions will live on far longer than any record of these words. It is my sad duty to enter the name of Robert W. Murray, Jr. in the official record of the 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 Robert'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 Robert.

Mr. BAYH

Mr. BAYH. Did my colleague have a question?

Mr. BAYH. Madam President, I am.

Mr. BAYH. Madam President, what is the pending business?

Mr. BAYH. Madam President, I have an amendment at the desk, No. 568, and I ask for its immediate consideration.

Mr. BAYH. Madam President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. BAYH. Madam President, I thank my colleague from Oklahoma for his courtesy. The highway bill we are currently debating is important, vitally important to building a strong economy for our Nation. It will create jobs today and raise productivity tomorrow, strengthening the American people in the global economic competition we face and, in so doing, offer better prosperity and security for our children. This is only a small part of a bigger picture. It is only the beginning of what must be done if we are to ensure American prosperity and national security and a future for our children of which we can be proud. The American people need a debate--a debate that starts today--about how to create that prosperity in a global economy, about what we must do and to what we must commit ourselves, and also about what we have a right to expect from others. It is a debate that will take time--time today, time this week, time repeatedly this year and for the foreseeable future. It is a debate that will define our generation and affect the American people for generations to come. It is a struggle from which our current leaders have all too often been missing, incoherent, naive, and shortsighted, and that must change. As my colleagues know, I feel so strongly about this subject that I recently placed a hold--the first time I have done such a thing--on the prospective nomination of Ron Portman to be our next trade negotiator. I want to emphasize this action is not personal on my behalf. I met with Mr. Portman. He is a fine man. I have every reason to believe he is eminently qualified for the position for which he has been nominated. But our obligation in this Senate is not merely to confirm him in his new job but, in addition, to confirm that American workers and businesses can labor in a system where, through hard work, ingenuity, and sacrifice, they have a fair chance in the global ``economyplace'' to succeed. That, too often, is not the case, and the indifference and the inaction that has led to this must change. Our amendment enjoys broad bipartisan support. I am proud to say Senators Collins, Graham, and others support this undertaking. They know it is essential. We have bicameral support. Representatives English, Davis, and many others support this amendment. They too know that something must be done. Our approach enjoys support by both business and labor--the National Manufacturers Association, and many representatives of organized labor--because they have waited too long for justice, and the time for justice has arrived. We have the broad support we enjoy because of a building consensus in our country. Even in a divided society, even in this divided institution, action is needed and can no longer be delayed or denied. What is that consensus, Madam President? It is the American people must devote themselves to succeeding in a global competition, that we must provide for those who are adversely affected by that global competition, and that American workers and businesses have a right to expect that our competitors in this competition will play by the same set of rules as do we. America must commit itself, we must commit ourselves--it is our obligation--to doing those things that are necessary to succeed in the global marketplace. Nothing else will do. We cannot wall up our country. We cannot shut out those with whom we would compete. We saw the consequences of that in Eastern Europe under communism. So when the walls come down, as they invariably do, they could produce nothing that the rest of the world could consume. It reminds me, in some ways, of the siren song of protectionism of the Greek king who once sought to turn back the tide and stood on the beach commanding it not to come in, only to drown in the process. We must not follow that path. But to avoid following that path, we must have a strategy for success in the global marketplace that involves a robust commitment to research and development in the new goods, the new services, the new technologies of the future that will command good wages in the global marketplace, particularly in the area of energy independence. We have an opportunity, as a society, to create hundreds of thousands of good-paying jobs, to address our imbalance of payments, to strengthen our finances, our economy, our environment, and our Nation's security in the process. That commitment has been missing for too long. It is penny-wise and pound-foolish when we cut back on our investment in research and development. It demonstrates a lack of national will when we do not commit ourselves to increased energy independence. That must change. What also must change is an increased commitment to an education for every American child, particularly the less-fortunate third, so they can be economically relevant in the global marketplace of today and tomorrow with the skills and the talents and the abilities to be globally competitive. For too many of our less fortunate children, that still is simply not the case. So we have to redouble our efforts in K-12 education, and we need to open up the doors of access to college opportunity for every American child who is willing to work hard, play right, and do right themselves to get there. The growing gap between the haves and have nots in America today increasingly is defined by those who have a college education and those who do not. Over the last 20 years, those who dropped out of high school or got a high school diploma that did not mean very much because the grades were the result of social promotion rather than actual achievement have seen their standards of living decline precipitously. Those in our country who received a college degree have seen their standards of living increase marginally. Those who have gotten an advanced degree have seen a dramatic increase in their prosperity and standard of living. So if we want to be globally competitive, we need to invest in the talents and the skills of our children and ensure that every child can have a college opportunity. That is a debate for another day. More needs to be done. More must be done if we are going to win the battle of global economic competition. We also must do our part by committing ourselves to a course of fiscal sanity. The current budget imbalances simply are not sustainable, and they exacerbate the trade imbalance and the borrowing we must undertake from abroad. When it comes to our own budget deficits and imbalance, we only have ourselves to blame. We have to summon the national will to restore our finances, to ensure that we have a strong financial, fiscal situation in this country, to ensure that our children will inherit from us something better than our unpaid bills that have to be paid with interest to foreign countries and increasingly foreign banks. That is not right. We need to correct that situation. We need to redouble our efforts to increase our national savings through incentives for Americans to save more in the private sector so that we will increasingly be able to finance our demands at home. We need to look through the prism of innovation in all that we do to ensure that we can be more rapid, more nimble, in terms of bringing new goods and services to market, and when we do that we need to ensure there is robust protection for our intellectual property rights abroad. All too often, that is not the case. We cannot allow a situation to develop where, when we do our part through research and development, through education, through fiscal sanity, through increasing our own domestic savings, through becoming more competitive and innovative, the fruits of that labor of that American genius are stolen by those abroad through violating our intellectual property rights. That cannot be allowed to continue further. In addition to having a positive strategy for economic success in a global marketplace, we also have a moral responsibility to those who may be dislocated through no fault of their own as a result of that global economic competition. We must reach out to those Americans who are displaced and ensure that they have an opportunity to get back on the ladder of success, that every American has the prospect of being upwardly mobile in the global marketplace and that we do not just say to them, well, if they grew up 30 or 40 years ago and did not get the education they need, if they happen to be employed in the wrong industry that is suffering dislocations, that is too bad for them; they are in the scrap heap of history; they are on the wrong side of history; tough luck. That is social Darwinism, and we cannot take that path either. For those of us who will benefit from the fruits of the global marketplace, consumers and industries that are globally competitive and enjoy comparative advantage, we have to take some of that success, some of those benefits, and put it into training, retraining, job placement, pension and health care portability, so that every American has a chance to be upwardly mobile and successful in the global marketplace. There is also a growing consensus that even when we have done our part, even when we have adopted a strategy to be successful, even when we have defined our comparative advantage, when we provided for those who will be dislocated through no fault of their own, even when we have done all of that, others must do their part, too. We cannot stand idly by and watch the ingenuity, hard work, and sacrifice of the American people undone by the premeditated cheating--and that is what it is--of other countries because of their own narrow self-interests. American workers and businesses too often are getting the shaft today, and that is not right. It is not right when those of us in the Senate stand idly by. It is not right when those in the administration turn a blind eye to this. That must change. We must enforce the rules of open global competition, and that is what our amendment will do. That is our obligation to our fellow citizens and our children. The cheating--and as I have said, that is what it is--comes in many forms, such as the theft of intellectual property. I am told that more than 80 percent of the business software in China today is pirated. Barriers to U.S. exports, some in the form of tariffs, some not tariff barriers, such as our beef exports to Japan today--more on that in a moment--through currency manipulation, which we voted on in this Senate not long ago, giving a built-in 25- to 30-percent advantage to countries that do that--in this case, China--not because our workers are not as smart, not because they do not work as hard, not because the products are not as competitive, are simply because of financial engineering. Tens of thousands of Americans, when they get up in the morning, before they get dressed and go to work, start off with that kind of disadvantage through no fault of their own. How can we possibly look them in the face and tell them they are getting an even shake in the global marketplace? How can we possibly call that free trade? It is not. We know it is not. And it has to change. Illegal subsidies is another form of cheating. Free rent, free power, loans never intended to be repaid--that is not free trade. It is the opposite of free trade. It is economic engineering by other countries to the detriment of American workers and businesses, and that has to stop. It is well known. In its recent report to the Congress, the congressionally mandated and bipartisan U.S.-China Economic and Security Review Commission stated: There was a general consensus in the testimony that China remains in violation of its WTO obligations in a number of important areas. In a hearing before the Ways and Means Committee 2 weeks ago, a representative of the U.S. Chamber of Commerce highlighted a number of concerns: . . . China's post-WTO accession use of industrial policy-- Not free trade, industrial policy-- including the use of targeted lending, subsidies, mandated technology standards rather than voluntary, industry-led international standards, discriminatory procurement policies, and potentially, antitrust policy--to structure the development of strategic sectors is of mounting concern. Industrial policy, not free trade. That is what we seek to change, a global competitive marketplace where the laws of comparative advantage will rule, where citizens of every country will have a right to work hard, think smart, be nimble, bring goods and services to the marketplace, and let the best man and woman win. Too often that is not the case today. It is the case on the part of our workers but not on the part of their competitors, and that is what has to stop. That is what this amendment will do. Our Government is well aware of this but too often chooses to turn a blind eye. The time for the Senate turning a blind eye has to stop. I think about the case of Batesville Tool and Die in Indiana and the fact that their competitor, in this case from China, sells their product in the United States of America for one-half of a penny above the cost of the raw materials, leaving nothing for labor, nothing for transportation, nothing for marketing. There has to be an illegal subsidy there. It is the laws of physics and the laws of economics. Currently there is nothing in our law that allows us to do anything about it. If the laws of economics are going to make sense, our law better insist that we have a right to end this kind of industrial policy and cheating. That is what our amendment will change. I think about the National Association of Manufacturers, an organization that embraces free trade, and a pair of pliers they held up when we announced our amendment a few months ago, a pair of pliers sold at the cost of raw materials--the same thing, leaving nothing for anything else. Obviously an illegal subsidy violating the rules of the WTO is in place there, and that has to change. I think about a foundry I visited in northeast Indiana where they stopped production so that I could address the workers several months ago. A foundry is a dirty business. These guys had soot on their faces and grime on their clothes, and they gathered around to hear me speak. I looked at them, and I in good conscience could no longer look them in the face, knowing the kind of burdens they labor under, the unlevel playing field, the kind of cheating that takes place, knowing they are willing to work hard for a living, and that too often that can be undone by those who are not willing to do the same or are willing to cheat to have their way. That is what has to stop, and that is what this amendment will change. The time has come to take a stand. Our prosperity is at stake. The global marketplace, the global trading system, cannot work. When our global competitors have a comparative advantage, we buy their goods, but then when we have a comparative advantage, when American workers can produce something quicker, smarter, and cheaper than anybody else, they still do not get to sell their products abroad. They are still defeated at home because of cheating. It just will not work, and that is what this amendment will help to change. Our national sovereignty is at stake, our very sovereignty as a nation. I do not know how many of my colleagues or the American people noticed several weeks ago that the President of the United States got on the phone and he called his colleague, the Prime Minister of Japan, and he said: You have been keeping our beef exports out of your country for too long. We are pretty good at producing beef in the United States, and you are using the excuse--and it is an excuse now--of the mad cow scare a couple of years ago as an informal trading barrier to keep our products out. You know what, we buy a lot from you. You ought to bring this nontariff barrier down. It is only the right thing to do. So they had this exchange, and then shortly thereafter, whether by accident or not, the Prime Minister happened to say, well, maybe the time has come for Japan to start diversifying its financial holdings out of dollar-denominated assets, and for the next several hours the value of our currency, the value of our money, began to go into a free fall until some bureaucrat down in the bowels of the Finance Ministry came out and said the Prime Minister did not really know what he was talking about, it is not true. Well, that is one thing. But a couple of weeks before that, there was a rumor going through Seoul, the same kind of thing--maybe the South Koreans would start diversifying out of dollar-denominated assets. That started a run on our currency, too. It is not a sign of strength, it is not a sign of independence, it is not a sign of security when something as fundamental as the value of our money can be undermined by a slip of the tongue or a premeditated statement or a rumor sweeping a foreign capital. That is not the sign of a great nation; it is the sign of dependency, of weakness. It is something that can no longer be allowed to continue if we are going to have the kind of security for our children that we want them to have and that they deserve. Make no mistake, our Nation's security is at stake. A strong military and the current financial imbalances we are running cannot be sustained indefinitely. There was a book several years ago by Paul Kennedy called ``The Rise and Fall of Great Powers.'' It pointed out that the undoing of great nations had all too often been the result of their economic and financial weakness. The percentage of GDP we are currently spending on national security and military expenditures substantially outstrips that of our economic competitors, freeing them to invest a substantially greater percentage of their wealth in productive assets. As the only global superpower and the principal leader in the war against terror, we cannot afford to cut back on our investment in national security. At the very least, we can insist that those who benefit from our efforts in the fight against terror, who benefit from our efforts to provide for global security, play by the same set of economic rules so that we do not undercut the very prosperity that allows us to fight the war on terror and provide for global economic security. The two have to go hand in hand. For the last several years there has been a decoupling that cannot go on indefinitely. If we do not correct this situation, we not only undermine our prosperity and our financial strength, we undermine our very sovereignty and our Nation's security. The debate about leveling the field and enforcing the rules on global trade is very much, in the long run, a debate about national security as well. Finally, let me sum up by saying two things. First, I know a lot of people want to talk about China. We had a debate on that and a vote with regard to currency manipulation a couple of weeks ago. Our relationship with China is one of the most important relationships over the next 50 to 100 years. They are a great nation with a great culture and a bright future. Our relationship with them will be at times complex and difficult. It is only going to work if the relationship is mutually beneficial in a number of ways, and in the economic arena as well. The nation of China has its challenges and we want to see them successfully meet those challenges. But we have challenges, too, and they must be committed, equally committed to seeing us meet our challenges if this relationship is going to work as it must. It is simply not right that to ease the absorption of surplus workers in agriculture in China, we are asked artificially to throw out of work and put out of business American workers and businesses in our heartland. That is fundamentally not just. Stability and growth in China are important, and we should help them in that regard but not at the cost of our own. It is time that we insisted we achieve both. Let me conclude by saying I am optimistic about our future. With the right kind of leadership there is little that the American people cannot accomplish. But as the old saying goes: If you don't know where you are going, well, any road will lead you there. We must have a strategy for success and prosperity. If we do, I am convinced we can get the job done because we have done it before. If I had been addressing this Senate 100 years ago, more than half of our workers would have been employed in agriculture--more than half. Today it is about 3 or 4 percent. As we made the transition from an agricultural economy to a manufacturing-based economy, the United States of America did not dry up and blow away. There were difficulties but we met the challenge. We reinvented our economy and increased our prosperity and our standing in the world as a result. If I had been addressing this Senate 50 years ago, more than 30 percent of the American workers would have been employed in manufacturing. Today it is about 12 percent. Again, as the global economy began to change, as our domestic economy began to change, we did not dry up and blow away. There were difficulties. There were challenges. But we have been growing the service sector of the economy and the innovative and other parts of the economy. So as we fight to save every kind of manufacturing job where we can be competitive in advanced manufacturing and other sections of the manufacturing sector, we have grown other parts of the American economy as well. We can continue to do that but only if we are willing to stand up for American interests and competitiveness and not allow the genius of our people to be stolen and undermined by the premeditated cheating and self-interest of other nations to which we turn a blind eye, or don't have the stomach to stand up to. That has to stop and that is what our amendment will do. It will enable the American people to preserve our prosperity--when we are right, when we are competitive, when we have an advantage--and will enable us to go on and grow parts of our economy and grow good jobs at good wages where we have that advantage and allow our consumers to buy products from countries where they have the advantage. It will do right by our children. It will do justice to our workers. It will strengthen our national security, our sovereignty, our finances, and our prosperity. It is the right thing to do, and that is why I propose this amendment and that is why I ask for my colleagues' support. I yield the floor.

Mr. BAYH. That is correct.

Mr. BAYH

Mr. BAYH. With that understanding, I do not object.

Mr. BAYH. Mr. President, I thank my friend and colleague, the Senator from Michigan, for her generous words, but for her leadership as well on both of these important issues. She understands very well the Transportation bill will create jobs for our construction workers in the short run and will improve our productivity in the long run but that it is just part of a bigger piece of improving America's economic competitiveness, and a big part of that, in Michigan and Indiana and the other 48 States, is when workers want to work hard, be smart, play by the rules, do the right thing, they need to be rewarded for those efforts and not have their hard-working sacrifices unfairly taken from them by global competitors who do not play by the rules, who cheat, and are not willing to make the tough decisions our businesses and workers are asked to make. I thank her for her leadership and for her kind words and look forward to working with her on these and other issues.

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 Portage. Steven Sirko, 20 years old, died on April 17 while stationed in Maqdadiyah, Iraq. With his entire life before him, Steven risked everything to fight for the values Americans hold close to our hearts, in a land halfway around the world. Recently married to another army medic, Steven turned down a chance to stay stateside with the Army's Special Forces in order to be in Iraq near his wife. A football player in high school, Steven was remembered by friends and family as a tough, outgoing student. His father told a local newspaper, that his son was ``very strong, very outgoing, very respectful. After 9/11, like so many young men, he wanted to fight terrorism.'' His stepbrother, who also served in the Army, called Steven, ``the light of any crowd.'' Steven was killed while serving his country in Operation Iraqi Freedom. He served in the first battalion, 30th infantry regiment, third brigade, and third infantry division. This brave young soldier leaves behind his wife, Virginia; his father, Rick Sirko; his mother, Linda Lipford; his stepmother, Rose Sirko; three sisters; one brother; and two stepbrothers;. Today, I join Steven'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 Steven, a memory that will burn brightly during these continuing days of conflict and grief. Steven was known for his dedication to his family and his love of country. Today and always, Steven 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 Steven'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 Steven's actions will live on far longer than any record of these words. It is my sad duty to enter the name of Steven Sirko in the Congressional Record of the 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 Steven'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 Steven. Specialist Grant Croft

Mr. BAYH

Mr. BAYH. Mr. President, with reference to the House, I say to our colleague from New Mexico with reference to the House, even a broken clock is right twice a day. So there is a first time for everything. It is rare that this body votes on a matter that will affect the life and limbs of soldiers fighting as we speak in a theater of war. Now is such a time. As my colleague, Senator Kennedy, mentioned, the Army has chronically underestimated the need for uparmored vehicles in the Iraqi theater. Nine consecutive times they have gotten it wrong. We now have a letter saying that finally they have gotten it right. Walter Reed Army Hospital and the other military hospitals of this Nation are filled with the young men and women who have paid the price for these errors. When will we err on the side of doing more rather than less to protect the troops? Now is that time. I conclude by saying this: Do my colleagues remember the young soldier who stood up when the Secretary of Defense visited Iraq and spoke about hillbilly armor? Do my colleagues remember him speaking about rummaging through the garbage to find metal to weld onto the side of the vehicles? Do my colleagues remember the round of applause he got from his fellow soldiers? The troops know what is going on. The press knows what is going on. Apparently the House of Representatives knows what is going on. It is time that the Senate took a stand as well to do something about this, to give the troops the protection they need. Rummaging through the garbage--that is an outrage. Here is our chance to bring it to a stop. I ask my colleagues for their support.

Mr. BAYH

Mr. BAYH. Mr. President, I ask unanimous consent to withdraw amendments Nos. 388 and 406.

Mr. BAYH. Mr. President, I call up amendment No. 520.

Mr. BAYH. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.

Mr. BAYH. Mr. President, I call up this amendment to address what has been a chronic and pressing need on the part of our military forces in both Iraq and Afghanistan. Mr. President, there is an old saying we are all familiar with: Fool me once, shame on you. Fool me twice, shame on me. Mr. President, fool me nine times, and it qualifies as an emergency that must be addressed, particularly when the lives and limbs of our military men and women are at stake. Specifically, I refer to the fact that the United States Army has now, on nine consecutive occasions, underestimated the need for uparmored humvees in the theater of Iraq. This has been a matter of some public attention in Newsweek Magazine and elsewhere. It is a chronic need we need to address now. The figure the Army indicates they currently need--and allegedly have met--would not have been met at all if, last year, we had not taken similar action to do what I am currently requesting. They would have had funding for thousands of fewer vehicles and not met the need that currently they suggest is imperative. The figure they are saying is sufficient today includes--think about this--a range of attrition of 226 vehicles throughout the combat in Iraq. They have only lost 226 uparmored humvees throughout the last 2 years in that theater. This is below the attrition rate of 10 to 15 percent, suggesting strongly that they are erring yet again--for the tenth time. I ask my colleagues, when it comes to something this important, with a track record of underestimating the need this clear, should we not err on the side of doing more, rather than less, when it comes to protecting the lives and safety of our military men and women? I note some of my colleagues, who I esteem greatly on the other side of the aisle, will suggest the generals are simply saying we don't have an additional need at this time. Mr. President, that is not what the troops are saying. Do you remember the one brave soldier who brought to the attention of the Secretary of Defense the fact that they were having to resort to what he called ``hillbilly armor'' for their protection? We should not allow this deplorable condition to continue. I remind my colleagues again, in spite of what the generals are currently saying in a letter circulating, they have been wrong nine consecutive times. The credibility on this issue is not that great. It is also suggested perhaps we should take our resources--and I understand they are scarce--and allocate them instead to have striker vehicles instead of uparmored humvees. Mr. President, I submit this is a false choice. When it comes to protecting our troops, we should do whatever it takes to get the job done and not leave some exposed to unnecessary harm while choosing instead to protect others. We can afford to do both. Mr. President, I conclude my comments by saying how much I respect Senator Cochran and Senator Stevens but the track record here is very clear. On nine consecutive occasions, the Army has underestimated the need. The need wouldn't be met today for the number of vehicles suggested in their letter if we had not acted last year. Let us err on the side of doing more rather than less. Let us take this action to protect our troops. It is the very least we can do when they are in harm's way on our behalf. Mr. President, on behalf of Senator Kennedy, myself, and others, I ask we take this action. I yield back the remainder of my time and ask for the yeas and nays.

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

Mr. BAYH

Mr. BAYH. Mr. President, today I rise to pay tribute to the career of a distinguished civil servant and friend, Bob McKinney, who is retiring as chairman of First Indiana Corporation this week. His long career has been filled with acts of conscientious service on behalf of friends, family members, and Hoosiers. The contributions he made through his work in financial services and public service have touched the lives of many across the country. A resident of Indianapolis, Bob is a graduate of the U.S. Naval Academy at Annapolis, the Naval Justice School, and the Indiana University School of Law. He served his country in the Navy in the Pacific following his graduation and again during the Korean war. Bob's career has been long and illustrious. Throughout it, his commitment to the public good has been remarkable. Bob retires from his post as the chairman of First Indiana Corporation, a publicly traded bank holding company, which operates First Indiana Bank, the largest bank based in Indianapolis. Bob was previously chairman of the Somerset Group. He is also a founding partner of Bose McKinney & Evans LLP, one of the largest law firms in Indianapolis. These posts are impressive on their own, and yet Bob also devoted himself to a number of philanthropic and nonprofit organizations. Aside from his duties as the chairman of First Indiana Bank, he has served as the trustee or director of the Hudson Institute, the U.S. Academy Foundation, the Indiana University Foundation, the Sierra Club Foundation, the Indianapolis Economic Club, the Indiana Chamber of Commerce, the Chief Executives Organizations, Inc., the World Presidents' Organization, and the Indianapolis Committee on Foreign Relations. He is also a member of the Presidential Advisory Board for Cuba and a director of Lynx Capital Corporation, a minority investment fund. In honor of his service to the community, Bob was the recipient of a number of awards including the Indianapolis Archdiocese Spirit of Service Award. Bob's career shows his belief in the power of public policy to improve people's lives. I can personally attest to Bob's talent as a public servant, as I worked with him during my gubernatorial and senatorial campaigns. As Governor, I frequently called on Bob to serve the State of Indiana, and he was always responsive. As Senator, I was lucky enough to have the honor of appointing Bob to the Naval & Merchant Marine Academy Selection Committee. His involvement in national politics dates back to 1960, and since then he has chaired the Indiana campaigns of Presidential candidates Kennedy, Muskie, Carter, and Mondale. He served under President Carter as Chairman of the Federal Home Loan Bank Board, the Federal Home Loan Mortgage Corporation, the Federal Savings & Loan Insurance Corporation, and the Neighborhood Reinvestment Corporation. Bob is a man who walks with kings but has never lost the common touch. It is a rare man who can make such an impact on so many people over the course of a career. Bob McKinney is admired by those who know him professionally and personally for his great integrity, commitment to serving the community, his concern for those less fortunate than himself, his unswerving loyalty and dedication to his friends, family, and country. We will continue to recognize Bob as a loving friend and an incredible leader and colleague. As he retires from First Indiana, and leaves the corporation in his daughter's capable hands, he is merely moving on to the next great challenge, which--like all of his work--will undoubtedly make the world a better place. I am proud to honor Bob McKinney, a truly great man, and enter his name in the Congressional Record on the occasion of 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 Mount Vernon. Sergeant Lee, 26 years old, died on April 6 in a military helicopter crash near Ghazni city, 80 miles southwest of Kabul. With his entire life before him, Jimmy Shawn risked everything to fight for the values Americans hold close to our hearts, in a land halfway around the world. A 1997 graduate of Mount Vernon High School, Jimmy Shawn had served in the Marines for 8 years. Friends and family describe him as a man who grew up longing to serve God and country. Jimmy was a devout Christian who aspired to travel the world as a missionary. His half- sister, Destiny Dowden, recounted that Jimmy Shawn was ``the most honest, loving, giving and fun-loving person I ever met.'' His mother shared her pride in Jimmy Shawn's accomplishments, calling him ``our family's hero.'' Jimmy Shawn was killed while serving his country in Operation Enduring Freedom. This brave young soldier leaves behind his mother, Becky Blanchard and his half-sister, Destiny Dowden. Today, I join Jimmy Shawn'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 Jimmy Shawn, a memory that will burn brightly during these continuing days of conflict and grief. Jimmy Shawn was known for his deep faith, his dedication to his family and his love of country. Today and always, Jimmy Shawn 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 Jimmy Shawn'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 Jimmy Shawn's actions will live on far longer than any record of these words. It is my sad duty to enter the name of Sergeant James Shawn Lee 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 Jimmy Shawn'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 Jimmy Shawn.

Mr. BAYH

Mr. BAYH. Mr. President, I ask unanimous consent to lay aside the pending 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.

Mr. BAYH. Mr. President, I rise to support a cause which is essential to the continued prosecution of our war on terrorism. It is essential to preserving our National Guard and Reserve as a vital force in defending our country, and it is essential to defending our moral obligation to those who defend our Nation. No one--particularly those citizens who have placed themselves in harm's way at our bidding--should be forced to choose between doing right by their loved ones and doing right by our country. The amendment I have submitted will prevent that moral tragedy from happening. What I refer to as the patriot penalty--the cut in income those who are called to active duty in our Guard and Reserve must suffer--has become a very serious problem. We now have about 180,000 Active-Duty Guard and Reserve personnel; 40 percent of the forces in Iraq have been called to active duty from the Guard and Reserve. The deployments are now lasting longer on average than any time since the Korean war. Since that conflict, it had been our practice to not summon the Guard and Reserve for active duty for more than 6 months. Today it is routine they are called to service in Afghanistan, Iraq, and elsewhere for longer than that period of time, making these deployments not reasonably anticipatable on behalf of these individuals and their families. Mr. President, 51 percent--more than half--of the guardsmen and reservists who are called to active duty suffer a loss of income, the patriot penalties. The average loss is $4,400 per citizen soldier--a material amount of money for the average American family. The General Accounting Office in a recent study indicates that there is growing financial strain on these families, even up to bankruptcy. It is morally unacceptable. It is unacceptable from a national security standpoint and from our obligation as fellow citizens that those we place in harm's way and ask to make the ultimate sacrifice physically should also be asked to make the ultimate sacrifice financially. That is what this amendment would stop. It is hard, not just for the soldiers and their families involved; it is also undermining the vitality of the Guard and Reserve and the essential role they play in service to defending our country. Fully five out of six of the Reserve branches did not meet their recruiting goals in the most recent period. General Helmly, the head of the Army Reserve, has described the Army Reserve as a broken force. At a time when we are relying upon our Reserve and our Guard men and women more than ever before, they are on the cusp of becoming, according to their commander, a broken force. We must not let that happen. Of the 78 percent of these individuals who are considering not reenlisting in the Guard and Reserve, fully 75 percent, three-quarters, cite the loss in income as a material factor in their decision to not reenlist. Many laudable firms in my State and, I am sure, in the State of Mississippi, the State of South Carolina, and elsewhere, are doing their part. About one-third of employers are seeking to make up this penalty, the patriot penalty, on their own; 23 States are helping. It is important we do our part as well. Our amendment would provide, after someone has been called to active service for more than 6 months--therefore a period of time more than was reasonably anticipatable--for up to $10,000 in lost income be made up for these individuals, meaning that more than 95 percent of those who suffer this penalty would be made whole. We provide incentives for the two-thirds of employers currently not contributing to making up these penalties, for them to do their part as well, making it a public-private partnership. The cost over the next 5 years is estimated to be about $535 million. Given the scope and the magnitude of the undertakings in Afghanistan, in Iraq, the costs we are incurring for so many other activities, including to try to train, equip and put into place Afghans and Iraqis to defend their countries, this is well within our budget. This is well within what we can afford as a country, to do right by those who are attempting to implement freedom abroad, to ensure that they can do right by their loved ones and their families at home. Objections, of course, are raised to anything in the Senate. The principal one is that it will lead to an inequality of pay to those on the battlefield, permanent Active-Duty personnel versus Reserve and Guard men and women who have been called to serve by their side. These are unequal circumstances. As I said, for those who are Active-Duty and have made that commitment to our country, they can plan for that circumstance. For those in the Guard and Reserve who have been called to service for a period of time that was not anticipatable because it is longer than any time in the last half century, they require and deserve somewhat different treatment. I simply say, we do not call upon our Active-Duty personnel to take a cut in pay when they enter combat. We should not ask our guardsmen and reservists to take a cut in pay when they do likewise. That is why the patriot penalties must be made up. In conclusion, we should find it within both our hearts and our wallets to do right by those who defend our country. It is important to the fight against terrorism. It is important to the preservation of the Guard and Reserve as a vital component of our Nation's security. It is important and essential that we fulfill our moral obligation to those we have called to duty so that they can do right by their loved ones, just as we are asking them to do right by their company. I respectfully ask for my colleagues' support of this urgent and worthwhile initiative. I yield the floor and suggest the absence of a quorum.