John Warner

Mr. WARNER

Mr. WARNER. Mr. President, I thank our distinguished colleague. I would like to say a few additional words, but I will defer to our distinguished colleague from Michigan if he would like to speak.

Mr. WARNER. Mr. President, I have gone through the report in support of this amendment issued by the Department of Defense. I find the history very interesting. There are four academies because the Coast Guard is very much included. Until the enactment of the Career Compensation Act of 1949, disability retirement was a prerequisite of commissioned officer services. The most significant reform of the provisions of this legislation was the inclusion of enlisted personnel within the group eligible for benefits. Prior to 1949, cadets and midshipmen, as well as the enlisted personnel in the Armed Forces, were denied disability benefits. It is amazing to think back about how that could have been possible. There is no record of cadet disability being seriously considered until the review of pay and benefits that led to the Career Compensation Act of 1949. At that time, however, it is clear that Congress established a policy that exists today. During the hearings on H.R. 5007, which became the act of 1949, the following colloquy occurred before the Senate Armed Services Committee. Senator Baldwin asked: On page 63, in the provisions of the law as written here, with reference to retirement for disability, does service at the Coast Guard Academy, Annapolis, and West Point--is that included in the period of service? Admiral Fechteler. Now---- The Chairman. Suppose a man is disabled while he is at the Naval Academy or the Coast Guard Academy or at West Point; suppose he breaks his leg in such a fashion that he cannot walk well any more, and you gentlemen decide that he is unfit? What happens to him if he is in one of the three academices? Admiral Fechteler. He is just discharged. The Chairman. Does he get any severance pay? Admiral Fechteler. No, Sir. The Chairman. He is just out of luck? Admiral Fechteler. That is right. The Chairman. Through no fault of his own, while actively engaged in the curriculum prescribed for these men? Admiral Fechteler. He still gets nothing. Senator Baldwin. I would hat to see a good back for the Navy going around an Army end for a touchdown, break his leg and come to such an end. Senator Chapman. That is the present law? Admiral Fechteler. That would continue under this. The Chairman. That is an interesting observation, nevertheless. For some reason, they went ahead and exempted these young men, the midshipmen in the ROTC. And now, many years later, the Senator from Texas very wisely has corrected our predecessors, I say to Senator Levin, who allowed this to slip these many years. I think it is an interesting chapter in history. Mr. President, on behalf of the leadership, I ask unanimous consent that at 5:30 today the Senate proceed to a vote in relation to the Hutchison amendment with no amendments in order to the amendment prior to the vote; I further ask unanimous consent that the time until 5:30 be equally divided in the usual form.

Mr. WARNER. Mr. President, I yield the floor.

Mr. WARNER. Mr. President, I see no Senator at this time seeking recognition. I suggest the absence of a quorum.

Mr. WARNER. Mr. President, I move to reconsider the vote, and I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. WARNER

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

Mr. WARNER

Mr. WARNER. Mr. President, I turn to calendar 512, S. Res. 331, National Safety Month.

Mr. WARNER

Mr. WARNER. I now ask for its second reading, and in order to place the bill on the calendar under the provisions of rule XIV, I object to my own request.

Mr. WARNER. Mr. President, under rule XIV, I understand that H.R. 4275 is at the desk, and I ask for its first reading.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that the Special Committee on Aging be authorized to meet Monday, May 17, 2004 from 2 p.m-5 p.m., in Dirksen 628 for the purpose of conducting a hearing.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that a member of Senator McCain's staff, Mr. Frederick Latrash, be granted the privileges of the floor during consideration of S. 2400.

Mr. WARNER. Mr. President, I ask unanimous consent that Tranche Montague, from my staff, be granted the privileges of the floor during consideration of S. 2400.

Mr. WARNER. Mr. President, on behalf of Senator Kennedy, I ask unanimous consent that Chris Alexander be granted floor privileges during the consideration of S. 2400.

Mr. WARNER

Mr. WARNER. Mr. President, as if in morning business, I would like to turn to the Executive Calendar. I ask unanimous consent that the Senate immediately proceed to executive session to consider the following nominations on today's calendar: Calendar No. 692, the nomination of MG David H. Petraeus. I further ask unanimous consent that the nomination be confirmed, the motion to reconsider be laid upon the table, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

Mr. WARNER

Mr. WARNER. Mr. President, for the benefit of all Members, I have known this fine officer for many years. He served a tour in Iraq with great distinction and returned. I think he then offered his services to go back over to help with the rebuilding of various sections of the Iraqi Army and offered other services to try to build up that nation's ability to defend itself internally as well as in many external affairs.

Mr. WARNER

Mr. WARNER. Mr. President, I ask consent that the Health, Education, Labor, and Pensions Committee, be discharged from further action on S. Con. Res. 103 and the Senate now proceed to its consideration.

Mr. WARNER. I ask unanimous consent that the concurrent resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and any statements relating to the resolution be printed in the Record.

Mr. WARNER. I ask unanimous consent that the Senator from Virginia be made a cosponsor of that resolution.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:45 a.m., Tuesday, May 18; I further ask that following the prayer and the pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and the Senate then begin a period of morning business for up to 60 minutes, with the first 30 minutes under the control of the majority leader or his designee and the second 30 minutes under the control of the Democratic leader or his designee; provided that following morning business, the Senate begin consideration of H.R. 3104, providing medals for our service men and women as provided under the previous order.

Mr. WARNER. I ask consent the Senate recess from 12:30 to 2:15 for the party luncheons.

Mr. WARNER

Mr. WARNER. If there is no further business to come before the Senate, I now ask unanimous consent the Senate stand in adjournment under the previous order.

Mr. WARNER

Mr. WARNER. Mr. President, tomorrow, following morning business, the Senate will begin consideration of the service medals legislation. Under the previous order, there will be a short period of debate prior to a vote on passage. If all time is used, that vote will occur at approximately 11:15 a.m. The vote on the service medals bill will be the first vote of the day. The Senate will then resume consideration of the Department of Defense authorization bill. We are prepared to consider amendments and I encourage Senators to notify us of their intent to offer amendments so we can begin to schedule for their consideration. It is the leader's intention to complete action on this bill by the end of the week. Following the party luncheons, the Senate is scheduled to proceed to a cloture vote on the nomination of Marcia Cooke to be a district judge for the Southern District of Florida. Discussions on the state of judicial nominations are ongoing, and it is possible we may not require this cloture vote.

Mr. WARNER

Mr. WARNER. Mr. President, at 2 o'clock today, the Department of Defense delivered to S-407 material relating to the issue of mistreatment by Americans in uniform and perhaps others under contract against the prisoners in a prison in Iraq. Several hundred of these photos have been shown to a large group of Senators. The Department of Defense prepared a document as guidance for Senators as to how hopefully they will handle their knowledge of these photos as they relate their responsibilities to their constituents and others in giving their views. I ask unanimous consent to print in the Record a letter Senator Levin and I, in our capacity as chairman and ranking member of the Armed Services Committee, wrote to the Department of Defense with regard to the transmission of these documents.

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

Mr. WARNER. Mr. President, I would like to read the material that was provided to Senators. It is entitled ``White Paper For Persons Who Have Viewed The Detainee Abuse Photos.'' The Privacy Act prohibits the disclosure of ``any record which is contained in a system of records'' to ``any person or to another agency,'' except with ``prior written consent of the individual to whom the record pertains.'' 5 U.S.C. Section 552a(b). The statute applies only to records about U.S. citizens or permanent resident aliens (``U.S. nationals''). The Iraqi detainee abuse photos and videos . . . --we saw some video-- were collected by and are maintained in the files of the military criminal investigative organization in the [Department of Defense]. The photos are subject to the Privacy Act to the extent they disclose the identities of U.S. nationals. Any release of the photos to persons outside the [Department of Defense] (with very limited exceptions concerning releases to Congress and certain Executive Branch officials) would risk liability under the Privacy Act. That liability in this sentence is to the Department of Defense. I ask unanimous consent to print in the Record the pertinent sections of the Privacy Act. (b) Conditions of Disclosure.--No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be-- (9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;