[Congressional Record (Bound Edition), Volume 150 (2004), Part 1]
[Senate]
[Pages 488-489]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       HONORING OUR ARMED FORCES


                 National Guardsman Kenneth Hendrickson

  Mr. DASCHLE. Mr. President, over the weekend, east of Fallujah, Iraq, 
a roadside bomb exploded, taking the life of SSG Kenneth Hendrickson, a 
member of the National Guard 957th Multi-Role Bridge Company.
  SSG Hendrickson is from Bismarck, ND, where he lived with his wife 
and son and near his mother Adeline. His father, Lyle Hendrickson, is 
now a Pennington County commissioner in South Dakota.
  Staff Sergeant Hendrickson was only 4 weeks away from returning home. 
Shortly before the attack that would take his life, his parents were 
told not to send anymore letters or care packages because he would be 
heading home before any other mail could reach him in Iraq.
  Staff Sergeant Hendrickson served his country with courage. Every 
American owes him and the entire Hendrickson family a debt of thanks 
for his service, as well as his sacrifice. His death reminds us that 
nearly 150,000 of our sons and daughters still face danger in Iraq and 
Afghanistan, and that fathers, mothers, husbands, wives, and children 
still wait anxiously for their loved ones' safe return.
  It reminds us, too, that more than 500 American soldiers have been 
lost since the Iraqi war began and about 3,000 have been wounded.
  The families of South Dakota have borne a particularly heavy toll 
during this war. South Dakota has a higher proportion of its citizens 
serving the Guard in Iraq than any other State in the country right 
now.
  There is nothing we can do to fully repay the men and women for their 
service. But in thanks for their commitment to our protection, we must 
commit ourselves to their protection as well. Our first responsibility 
is to give them every tool and technological advantage available to 
help them do their jobs and return home safely.
  Regrettably, we have received numerous reports that the Defense 
Department is not doing all it can with regard to protecting our 
troops. From the very first deployments, we were told members of the 
South Dakota Guard and Army Reserve were not equipped with the most 
effective body armor that should be standard issue. Soldiers from other 
States have suffered similar supply shortcomings.
  We attempted to address this issue in the supplemental appropriations 
and the regular 2004 Defense appropriations bill with an extra $420 
million specifically to ensure that every soldier facing fire had the 
best body armor money can buy.
  The DOD promised us the problem would be solved by the beginning of 
December. As it became clear they would miss this deadline, we were 
then told it would be solved this January. However, today, 10 months 
after the start of the conflict in Iraq, we continue to hear reports 
that Guard and Reserve personnel, as well as others, lack top-of-the-
line body armor and other vital equipment.
  In a few days, another 800 South Dakota Guard soldiers will be sent 
to Iraq to begin a year-long deployment. They have volunteered to face 
danger on our behalf. We owe them and the families they leave behind 
every effort to protect them from harm. Our obligation to stand by 
Guard members and Reservists cannot and should not end once they return 
home.
  Increasingly, Guard members are facing the same bullets as full-time 
soldiers. We owe them the same commitment to their health and well-
being. That means giving them access to the same health care that full-
time soldiers currently enjoy.
  Recent studies indicate now one-fifth of National Guard and Reserve 
members lack health care when they come home. Last year, thanks in part 
to a bipartisan coalition of Senators, we established a 1-year program 
to provide a significant number of our Reservists

[[Page 489]]

and their families access to TRICARE, the military health care system, 
when they are not on duty. Today, that same bipartisan coalition will 
introduce legislation to make that coverage permanent.
  Our bill would improve the readiness of our force and enhance the 
ability of the military to recruit and retain a new generation of 
soldiers. This legislation is important because these troops are 
performing a greater share of the fighting than at any other time in 
decades.
  By May, 40 percent of the more than 100,000 U.S. troops in Iraq will 
be Guard members or Reservists. Yet as we depend more heavily on their 
service, we are receiving troubling signs of discontent and 
instability.
  A recent internal survey showed the rate of those Reservists who 
decide not to reenlist could double in just a few years. Just last 
week, LTG James R. Helmly, head of the Army Reserves, said:

       This is the first extended-duration war our Nation has 
     fought with an all-volunteer force. We must be sensitive to 
     that, and we must apply proactive, preventive measures to 
     prevent a recruiting-retention crisis.

  Unless this recruiting/retention crisis is addressed, those losses 
could severely undermine unit readiness and erode America's national 
security.
  Over the weekend, America lost another hero in Iraq with the death of 
SGT Kenneth Hendrickson. His death serves to remind us of the service 
and sacrifice of our men and women in uniform and what they do for 
their country. Their commitment to us is beyond question. It is time we 
demonstrated real commitment to them and their families as well.
  Our Guard and Reserve members have not failed us. We must not fail 
them. We must support our troops, not really with words but with 
action.
  Mr. REID. Mr. President, will the Senator yield for a question?
  Mr. DASCHLE. I will be happy to yield for a question.


                          Judicial Nominations

  Mr. REID. I see on the announcement of the schedule for this 
afternoon that there is an agreement that we will vote on another 
Federal judge. It is my understanding this will be the 170th judge we 
have approved in the Senate, and with President Bush having given an 
interim appointment for 1 year to Judge Pickering, the numbers are now 
170 approved by the Senate during the term of President Bush and only 4 
who have not gotten approval.
  Does the Senator agree that those are the numbers?
  Mr. DASCHLE. Mr. President, the Senator from Nevada, the distinguish 
assistant Democratic leader, is right. That record exceeds the record 
of any predecessor in this period of time. Obviously, the Bush 
administration has 1 year left before the end of its term. So there is 
little doubt that they will probably continue to set records with 
regard to the confirmation of judges.
  I might add, this is a time when the Democrats were, at least for a 
period of time, actually in the majority. They have had good 
cooperation. The four who have not been confirmed have not been 
confirmed for good reason. Again, we will address the issue of greater 
numbers and more cooperation this afternoon, as the Senator suggests, 
with the confirmation of yet another judge.
  Mr. REID. If the Senator will yield for one final question, for those 
out there who are saying we are turning down President Bush's judicial 
nominations, the facts are that we have approved 170 who are now or 
shortly will be sitting as judges in the Federal system--they have been 
approved by the Senate--and we have turned down 4. The number then is 
170 approved, 4 turned down. Those are pretty good numbers; does the 
Senator agree?
  Mr. DASCHLE. The Senator is correct. That would be a pretty 
remarkable record if this were the sports world, the business world, or 
the academic world. I was just reminded that 100 of the 170 who were 
confirmed were confirmed under a Democratic-controlled Senate. So I 
think we can look back with great satisfaction.
  I know there are some who argue we have not been tough enough, we 
have not been aggressive enough. But I think, as we have said on many 
occasions, where we agree with the President, we will support him. 
Where we disagree, we have no recourse but to continue to raise these 
reservations and objections, especially with regard to lifetime 
appointments to the Federal bench. I thank the Senator from Nevada for 
raising the issue.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Graham of South Carolina). The clerk will 
call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. COLEMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________