[Congressional Record (Bound Edition), Volume 150 (2004), Part 13]
[Senate]
[Pages 18059-18061]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   GUARD AND RESERVIST BILL OF RIGHTS

  Mr. DASCHLE. Mr. President, this year marks the 60th anniversary of 
the GI bill of rights.
  That law, debated and passed in the same week Allied Forces invaded 
Europe, not only demonstrated America's enormous gratitude to the men 
and women who fought for its freedom, it creates the foundations of the 
extraordinary prosperity that followed the end of the war.
  The bill encapsulated all that was best in America. Those who 
defended the American dream were offered a share of the American dream.
  Harry Colmery, a Republican from Pennsylvania who served as the 
National Commander of the American Legion at the time, wrote that ``it 
[was] the duty, the responsibility, and the desire of our grateful 
people to see to it that those who served actively in the armed 
services . . . not only should not be penalized as a result of their 
war service, but also that upon their return, they should be aided in 
reaching the position which they might normally have expected had the 
war not interrupted their careers.''
  Our military has changed a great deal in the past 60 years.
  Increasingly, our national security is defended by members of our 
National Guard and Reserve forces--men and women who volunteer to put 
aside their jobs, and leave their families and communities any time our 
Nation is threatened.
  Forty percent of the troops fighting in Iraq are members of the 
National Guard or Reserve. One-hundred-sixty have given their lives.
  Just as Congress thanked the men who liberated Europe and Asia and 
preserved democracy 60 years ago, the time has now come for Congress to 
repay our debt to the reservists fighting the war on terror around the 
world and struggling to bring peace and security to the people of Iraq.
  The time has come for America to show a commitment to them that 
matches their dedication and service to us.
  Many of the current benefits, policies, and support systems for 
reservists have been in place for decades and their value has eroded 
over time.

[[Page 18060]]

  Moreover, the experience of reservists in Kosovo, Afghanistan, and 
Iraq has demonstrated serious gaps in the benefits we offer them.
  Moreover, even as we place a heavier burden on reservists, commanders 
warn that lower recruitment numbers and higher rates of retirement pose 
a threat to the continued readiness of our Reserve forces.
  We cannot afford to close our eyes and hope this problem solves 
itself.
  We have only a handful of weeks before the 108th Congress adjourns.
  National security should sit alone at the top of our agenda, and 
there are few things more important than ensuring our Reserve forces 
have the tools they need to achieve the missions we assign them.
  Therefore, in the spirit of the GI bill, in gratitude for their valor 
and sacrifice, and in recognition of our growing reliance on a powerful 
and effective Reserve force, I am introducing the National Guard and 
Reserve bill of rights.
  This bill codifies a set of rights the men and women serving in our 
National Guard and Reserve have earned with their service to our 
Nation.
  First, every reservist has the right to straight answers about their 
deployments. In the last few years, the Department of Defense has often 
failed to communicate to citizen soldiers and their families when they 
can expect to be reunited.
  South Dakota's 740th Transportation Company, for example, was first 
told in February 2004 that their work in Iraq was over and that they 
would be heading home.
  In the final days before their departure, they received word that 
they would remain in Iraq until April, 1 year after they had first 
reached Iraq.
  As this date approached, their deployment was extended for an 
additional 90 days. These soldiers ultimately returned home in July, 
nearly 18 months after their activation date.
  This kind of situation undermines troop morale and places an unfair 
burden on their families, businesses, and communities that rely on 
Guard and Reserve troops. I believe we owe our soldiers honest answers.
  My bill would require the Pentagon to treat Active Duty and Reserve 
forces equally. If active duty forces are deployed abroad for 1 year, 
reservists would also be activated for 1 year.
  It would also require the Department of Defense to conduct a 
``lessons learned'' review of Reserve forces' deployments in Iraq and 
Afghanistan, so that the miscommunications and mistakes reservists have 
experienced recently will not be repeated in the future.
  Second, every reservist has the right to the best equipment the 
Nation has to offer. Reservists are serving on the front lines 
alongside full-time soldiers. They are facing the same bullets.
  They deserve state-of-the-art equipment. However, since the beginning 
of the Iraq war, we have heard disturbing reports from many Guard and 
Reserve families in South Dakota, and from national media, that 
reservists have experienced severe shortages of body armor, night-
vision goggles, rifles, and other critical equipment.
  I am calling on the GAO to conduct a study about equipment 
reconstitution in the Guard and Reserve following Operations Iraqi 
Freedom and Enduring Freedom to assess their equipment needs for future 
contingencies.
  Third, every reservist has the right to adequate, timely, and 
problem-free compensation.
  The GAO has issued two reports in the last several months that call 
attention to deep-rooted problems in the automated pay system for 
reservists.
  Their most recent report found that as many as 95 percent of 
reservists have experienced pay problems during their deployments in 
Iraq and Afghanistan.
  My bill will create a position within the Defense Department whose 
primary responsibility will be to implement the GAO's recommendations 
and fix the problems with the pay system once and for all.
  I also believe that reservists should be compensated for their 
increased commitment for the last few years. My bill will double the 
value of re-enlistment bonuses and extend them to career reservists who 
serve longer than 14 years.
  Fourth, every reservist has the right to quality, affordable health 
care.
  For 2 years, Senator Lindsey Graham and I have been working across 
the aisle to provide access for all reservists to the military's 
TRICARE health care system.
  This initiative is critical to maintaining readiness among Guard and 
Reserve units, and will serve as an important recruiting and retention 
tool as well.
  My bill would permanently provide all reservists with access to the 
military's TRICARE health care system, ensuring that Guard and Reserve 
personnel are fit to answer duty's call whenever it comes.
  Fifth, every reservist has the right to child care during his or her 
deployment. When members of the Guard and Reserve are deployed for 
duty, many leave behind families with small children.
  For many, Reserve duty makes child care become both more necessary 
and less affordable. No reservist should have to sacrifice care for his 
or her children in order to serve their country.
  That is why my bill, following on the good work of my colleague 
Senator Murray, would increase funding for child care for families with 
parents deployed away from home.
  Sixth, every reservist has the right to employment when he or she 
returns from active duty. We cannot ask reservists to fight for their 
country and then force them to fight for their job once they come home.
  Unfortunately, the number of complaints filed by reservists who 
experience problems with returning to their jobs after a deployment has 
risen by 50 percent since the war on terrorism began, and there may be 
hundreds or even thousands of other reservists who have had problems 
but have not filed complaints.
   My bill will strengthen the protections USERRA offers and ensure 
that reservists know their rights.
  Seventh, every reservist has the right to education benefits. The 
Montgomery GI bill, passed in 1984, set reservists' educational 
benefits at 47 percent of the benefits offered to Active Duty soldiers.
  Twenty years later, that proportion has fallen to only 27 percent. 
This erosion is even greater considering the high increases in the cost 
of higher education.
  My bill would raise reservists' education benefits to the level set 
by the Montgomery GI bill at the time of its passage, and would ensure 
that the value of these benefits rise at the same pace as the cost of 
higher education.
  Eighth, every reservist has the right to a fair retirement plan. As 
deployments grow longer, citizen soldiers are being prevented from 
contributing to their civilian retirement plans.
  Service to one's country should not come at the expense of a secure 
retirement.
  My colleague, Senator Corzine, has led the fight to improve the Guard 
and Reserve retirement plan, which has not changed in over 50 years.
  Like Senator Corzine's bill, my legislation would reduce reservist 
retirement age from 60 to 55, a proposal that is endorsed by several 
leading advocates for National Guard and Reserve personnel.
  This proposal is especially critical for States like South Dakota, 
where many reservists have jobs on farms or with other small businesses 
that have no civilian retirement plans.
  Finally, every reservist has the right to representation at the 
highest levels of the Department of Defense. Our military force--Active 
and Reserve--is undergoing a transformation to make it better suited to 
confront the security challenges of the 21st century. We must ensure 
that the needs and concerns of National Guard and Reserve personnel 
continue to be heard at the highest levels of the Defense Department 
during this transformation.
  My bill will create a new Deputy Undersecretary for Reserve Affairs 
who will participate in all decisions involving reservists and carry 
reservists' concerns to the most senior Pentagon leaders.

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  These nine rights should be guaranteed every member of our Reserve 
forces. Serving in the Guard or Reserves is no longer a one-weekend-a-
month commitment.
  Reservists are serving on the front lines, facing the same bullets as 
full-time soldiers. Battlefield commanders are relying on them to serve 
with courage and skill, and reservists are meeting the challenge.
  The sacrifices we ask of reservists are many. But as the authors of 
the GI bill realized 60 years ago, America owes a debt to the men and 
women who defend its freedom. We should not compound their sacrifices 
through neglect or indifference. The brave men and women of the Guard 
and Reserve have earned the benefits and improvements I am proposing.
  The time has come for the Government to recognize this new role and 
redouble our support for these courageous Americans.
  I ask my colleagues on both sides of the aisle to join with me in 
support of the National Guard and Reserve bill of rights, and to move 
swiftly to pass it into law.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia.

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