John Warner

Mr. WARNER

Mr. WARNER. Mr. President, the concern I personally have had--and I think shared by some of our colleagues--is almost less from a fiscal standpoint and more from the fact that when you put a unit together and you bring into that, say, Regular Army unit a guardsman and reservist-- the Senator well understands that young people exchange with each other their own pay and background and one thing and another--and suddenly, you have two sergeants, equally competent to operate that tank or artillery piece or Humvee, whatever the case may be, and one is getting this bump up in pay from, again, the Federal Government as opposed to the State and the other is not, it causes a friction. This is the main concern I have. I just wonder to what extent my colleague has thought through that issue.

Mr. WARNER. Mr. President, reserving the right to object, could we first discuss this amendment a minute?

Mr. WARNER. Mr. President, I wonder if we could----

Mr. WARNER. Mr. President, I say to the Senator, I appreciate your sentiments. Thank you very much. And further I sayeth not, except I want to add, we have had a good day on this bill. We have adopted several amendments. We have laid down others that will be completed on Monday and Tuesday. Again, I thank all colleagues for their cooperation, particularly the leadership.

Mr. WARNER. No objection, Mr. President.

Mr. WARNER. But to be on top of that pole and to get down in safety from the Buzz Bomb--that was a trip. I yield the floor.

Mr. WARNER. At this point in time I would like to leave it in the status it is in, assuring you that you have my personal assurance, because of my personal respect for you and the contents of this amendment and its importance, that it will be treated with eminent fairness. No procedural mechanisms will be utilized in any way to deprive the Senator of an opportunity for his debate to be heard and considered. I thank my friend. I would only conclude: One of the great values in making a trip with a fellow Senator--no matter how long you have served with them and visited with them, there are some things about their life which are fascinating. I hope someday you tell the story about how you were in the Army over there, and both you and I were communicators, and at times in our careers we used to climb up the poles to get the wires that transmitted the signals and orders to those at the front. While you were on top of the pole, a Buzz Bomb--I wonder if even a few realize that weapon was employed by Hitler in the final months of the war, which is a very lethal and dangerous weapon. But that is for another day. The Chamber should hear that story.

Mr. WARNER. Fine. I think you do refer to that. But to make it clear, you might wish to broaden it. Mr. President, at this time--unless there is further debate from my distinguished colleague?

Mr. WARNER. Mr. President, there are rare moments in the life of the Senate. I have enjoyed our colloquy. The Senator has raised one of the most important issues that will be considered on this bill. Despite all the billions and billions of dollars, some $420 billion involved in this bill, this is a matter of principle of the greatest concern to every single Member. Therefore, I am going to ask that this amendment be laid aside so the Senator and I can resume this debate on Monday and let each one of our colleagues have the benefit of our thoughts and have the opportunity to do some careful study of the different proposals, the one you have submitted and the one I have submitted. May I suggest, however, with regard to yours, there may be one technical thing you might wish to reflect on, and that is the use of the word ``killed.'' You limit it to the people who have been killed overseas. There are some who lost their lives overseas other than in situations that would be characterized as ``killed.'' I would broaden that definition, if I were you, to include those who for other reasons might have lost their lives but who deserve, no less, the recognition which my distinguished colleague from New Jersey wishes to accord them.

Mr. WARNER. I share in many ways the objectives of my good friend and colleague from New Jersey. As I said, I respect his own service in the military where both he and I have been along with the loved ones of those who have given their lives in situations, and I am sure both of us, in the course of our long public careers, have attended many funerals with those loved ones. This substitute is carefully thought through and I hope the Senator will take a look at it. I would like to read it. The Department of Defense, since 1991, has relied on a policy of no media coverage of the transfers of the remains of members to Ramstein Air Force Base, Germany, nor at Dover Air Force Base, Delaware, and the Port Mortuary Facility at Dover Air Force Base, nor at interim stops en route to the point of final destination in the transfer of the remains. Now, that final point is basically where the families of the deceased are located. Continuing: The principal focus and purpose of the policy is to protect the wishes and the privacy of families of deceased members of the Armed Forces during their time of great loss and grief and to give families and friends of the dead the privilege to decide whether to allow media coverage at the member's duty or home station-- That refers to the final destination of the transfer of the remains-- at the interment site, or at or in connection with funeral or memorial services. Those could be elsewhere selected by the family. In a 1991 legal challenge to the Department of Defense policy, as applied during Operation Desert Storm, the policy was upheld by the United States District Court for the District of Columbia, and on appeal, by the United States Court of Appeals for the District of Columbia in the case of JB Pictures, Inc. v. Department of Defense and Donald B. Rice, Secretary of the Air Force [86 Fed. 3rd 236, 1996] on the basis that denying the media the right to view the return of remains at Dover Air Force Base does not violate the first amendment guarantees of freedom of speech and of the press. The United States Court of Appeals for the District of Columbia in that case cited the following two key Government interests that are served by the Department of Defense policy: Reducing the hardship on the families and friends of the war dead, who may feel obligated to travel great distances to attend arrival ceremonies at Dover Air Force Base if such ceremonies were held. Protecting the privacy of families and friends of the dead, who may not want media coverage of the unloading of caskets at Dover Air Force Base. Especially when their loved one may be among them. The Court also noted, in that case, that the bereaved may be upset at the public displays of the caskets of their loved ones and that the policy gives the family the right to grant or deny access to the media at memorial or funeral services at the home base and that the policy is consistent in its concern for families. It is the sense of Congress that the Department of Defense policy regarding no media coverage of the transfer of the remains of deceased members of the Armed Forces appropriately protects the privacy of the members' families and friends and is consistent with United States constitutional guarantees of freedom of speech and freedom of the press-- As determined by the Federal courts. I would like the Senator's views on that approach.

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

Mr. WARNER. Mr. President, may I add, in the many years I have worked with the distinguished leader from Nevada, this is an issue which he has singlehandedly, in so many instances, taken the role to care for veterans, particularly those who carry the wounds of war or the wounds that have been incurred in the course of their service to the country. I say to the Senator, this is a further chapter in that long and distinguished history of your personal intervention on their behalf, and I commend you, sir.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that the bill now be laid aside and the Senate proceed to a period of morning business, with Senators permitted to speak for up to 10 minutes each.

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

Mr. WARNER

Mr. WARNER. That is correct. These are the amendments that have been forthcoming on the other side of the aisle. I am prepared to assist my colleagues on this side if they have matters, but we are really working toward what the majority leader, in consultation with the distinguished Democratic leader, indicates. We are going to conclude this bill on Tuesday.

Mr. WARNER. Then we might mention also the schedule for Monday?

Mr. WARNER. Mr. President, the distinguished Senator from Nevada went over that with me, and that strikes me as a very good day. If a Republican Senator desires an amendment, we will work him or her into the queue as the case may be.

Mr. WARNER. Before the Senator from New York speaks, I wonder if I might get the attention of the distinguished whip? If we can have assurance, as the managers depart the floor, to do some other work, that this will be the final action on this bill tonight?

Mr. WARNER. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. WARNER. It is largely due to the tremendous cooperation on both sides. So we have the assurance that this will be the completion of the work tonight?

Mr. WARNER. Mr. President. I thank the Senator from Connecticut. I am prepared to accept this amendment based on the understanding he has reached with the distinguished Chairman of the Commerce Committee. As Senator Dodd indicated, the Commerce Committee plans to hold a hearing on the FIRE Act on July 8, with a markup expected shortly thereafter. I look forward to working with Senators McCain, Dodd, and DeWine to ensure that this important legislation to help our Nation's fire departments is enacted into law this year.

Mr. WARNER. I thank the distinguished leader.

Mr. WARNER. I now send a package of amendments to the desk and ask they be considered en bloc.

Mr. WARNER. If it is agreeable to my colleagues, I ask unanimous consent that amendment be laid aside.

Mr. WARNER. Mr. President, I want to say at this time, we started today's very productive session of amendments with Senator Bond, who has remained on the floor now I would say about 9 hours, to obtain what you have right now. Well done, sir.