22916 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 SENATE—Saturday, December 18, 2010

The Senate met at 9 a.m. and was four rollcall votes beginning at 10:30 morning business, with Senators per- called to order by the Honorable CHRIS- this morning or thereabouts. The first mitted to speak for a period of up to 10 TOPHER A. COONS, a Senator from the vote will be on cloture with respect to minutes each. State of Delaware. the DREAM Act. If cloture is not in- The Senator from Alabama. voked on the DREAM Act, the Senate f PRAYER will proceed to a cloture vote with re- ORDER OF PROCEDURE The Chaplain, Dr. Barry C. Black, of- spect to the don’t ask, don’t tell repeal. fered the following prayer. Following the cloture votes, the Sen- Mr. SESSIONS. Mr. President, under Let us pray. ate will proceed to vote on two con- the previous discussion we had, I had We wait patiently for You, eternal firmations: Albert Diaz, of North Caro- been authorized to use 15 of our 45 min- God, for You have been our help in ages lina, to be a U.S. circuit judge, and utes, and I would ask unanimous con- past and our hope for years to come. Ellen Hollander from Maryland to be a sent that I be allowed to speak for 15 You listen to the voice of our interces- U.S. district judge. minutes. sion and permit us to feel Your pres- I note the absence of a quorum. The ACTING PRESIDENT pro tem- ence just when we need You most. The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- Cultivate in our lawmakers a great pore. The clerk will call the roll. dered. trust in You. Turn them away from The bill clerk proceeded to call the Mr. SESSIONS. I assume this will be false solutions as they seek Your wis- roll. counted against our time. dom and obey Your commands. Lord, Mr. REID. Mr. President, I ask unan- f imous consent that the order for the make them Your instruments of wis- THE DREAM ACT dom, justice, courage, and moderation quorum call be rescinded. The ACTING PRESIDENT pro tem- so that Your will may be done on Mr. SESSIONS. Mr. President, essen- pore. Without objection, it is so or- Earth. Give them a passion to accom- tial to America’s greatness, I truly be- dered. plish Your purposes. lieve, is our respect for the rule of law. We pray in Your sacred Name. Amen. f The American people understand this. For years, they have asked Congress ORDER OF PROCEDURE f and the President to secure the borders Mr. REID. Could the Chair advise me PLEDGE OF ALLEGIANCE and to enforce our immigration laws, how long was taken in this last quorum but for years Congress has refused to The Honorable CHRISTOPHER A. COONS call. do that. Indeed, as part of this legisla- led the Pledge of Allegiance as follows: The ACTING PRESIDENT pro tem- tive session, there has been no serious I pledge allegiance to the Flag of the pore. Seven minutes. movement to do anything that would United States of America, and to the Repub- Mr. REID. I ask unanimous consent improve the grievous situation of ille- lic for which it stands, one nation under God, that the time for debate continue to be indivisible, with liberty and justice for all. gality at our borders. So what we have 45 minutes on each side, with the time is contrary to that today, when we will f to begin as outlined in the previous be dealing with the DREAM Act. Lead- order, but the time that I took speak- APPOINTMENT OF ACTING ers in Washington have not only toler- ing to whom I had to speak not count PRESIDENT PRO TEMPORE ated lawlessness but, in fact, our poli- against the 90 minutes. cies have encouraged it. Americans liv- The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- ing near the border are the ones who clerk will read a communication to the pore. Without objection, it is so or- often pay the steepest price. Illegal Senate from the President pro tempore dered. drugs, guns, people pour into States (Mr. INOUYE). f such as Arizona and Texas every day. The bill clerk read as follows: LEGISLATIVE SESSION Phoenix has turned into the kidnap- U.S. SENATE, ping capital of the world. Ranchers in PRESIDENT PRO TEMPORE, Mr. REID. Mr. President, I ask unan- the southern part of the State are Washington, DC, December 18, 2010. imous consent to resume legislative forced to accept chaos as a part of their To the Senate: session. Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- daily lives. Smugglers, traffickers of the Standing Rules of the Senate, I hereby pore. Without objection, it is so or- stream across their properties, homes appoint the Honorable CHRISTOPHER A. dered. are broken into, livestock killed, fami- COONS, a Senator from the State of Dela- lies placed in danger. Our government ware, to perform the duties of the Chair. f has failed in its duty to protect these DANIEL K. INOUYE, ORDER OF PROCEDURE citizens in the peaceful possession of President pro tempore. Mr. REID. Mr. President, I ask unan- their property. Mr. COONS thereupon assumed the imous consent that prior to any of the Consider the fate of Robert Krentz, chair as Acting President pro tempore. succeeding votes, there be 2 minutes of the son of one of Arizona’s oldest f debate, equally divided and controlled ranching families working land that had been in the family 100 years. His RECOGNITION OF THE MAJORITY in the usual form; further, that after home had been robbed, their livestock LEADER the first vote, the succeeding votes be limited to 10 minutes. slaughtered. On the night of March 27, The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- he went to mend a fence and check his pore. The majority leader is recog- pore. Without objection, it is so or- water line. He reached his brother on nized. dered. the radio to say he was helping some- f f one he believed to be illegally entering the country—helping them—and that SCHEDULE MORNING BUSINESS was the last time anyone heard from Mr. REID. Mr. President, Senators The ACTING PRESIDENT pro tem- Mr. Krentz. He was found several hours should expect a series of up to three or pore. The Senate is now in a period of later, shot dead.

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22917 The death of Robert Krentz is sadly school or serve in the military. It is sistency of our legal system—a system just one of the many tragedies that certainly not limited to children. It that is so important to our prosperity could have been avoided if the Federal would apply to people here illegally and liberty? Government had done its job. Instead, who are as old as 30. Because the bill The message from the public has when Arizona tried to support the Fed- has no cap or sunset, they will remain never been in doubt. Before we consider eral immigration authorities, they eligible at any future time. regular status for anyone living here il- were sued by Attorney General Holder, Mr. President, I know my good legally, we first must secure the bor- and the Department of Justice said friend, Senator DURBIN, who is such an der. My friend, BEN NELSON from Ne- stay out. able advocate, challenged me last braska, has spoken on this for a half They were sued for trying to protect night, or my staff, saying we were in- dozen years. When he speaks, he has a themselves because the Federal Gov- correct in saying that the Secretary of sign behind him that says ‘‘border se- ernment would not. Yet here we are in HHS would have the ability to waive curity first.’’ That is what Senator the final days of a lameduck—some say some of the requirements in the bill. MCCAIN has said. He has been a cham- dead duck—Congress considering a bill Just for my staff’s sake, I want to read pion of immigration reform. He says he that would create a major problem to this part of the bill. He said it wasn’t has come to understand with clarity the effective enforcement of immigra- in there. My staff explained to his staff that we must have security first. tion laws. People are not happy with why they thought it was in there. The That is what the American people us, Mr. President. waiver section states: have told us, I am convinced. If we do I had a little recognition and recalled The Secretary of Homeland Security may not do those actions first, if we pass in the shower this morning a little waive the ground of deportability under this amnesty, we will signal to the event with Oliver Cromwell with the paragraph 1 of section 237(a) for humani- world that we are not serious about the long Parliament in England. He said: tarian purposes or family unity. enforcement of our laws or our borders. It is high time for me to put an end to your Maybe we can disagree how that It will say that you can make plans to sitting in this place. You have grown intoler- might all be played out, but I think bring in your brother, sister, cousin, ably odious to the whole nation. In the name that is clearly a waiver provision in nephew, and friends into this country of God, go. the bill. illegally as a teenager, and there will I don’t think we are odious around The amnesty provision—and this is be no principled reason in the future here, but I think the American people an amnesty bill, because it provides for the next Congress then sitting to are not happy with us. I think it is every possible benefit, including citi- not pass another DREAM Act. It will time for us to quit trying to move po- zenship, to those who are in the coun- only be a matter of time before that litical bills in a way that is not appro- try illegally, and I think that is a fair next group that is here illegally will priate, not through the regular process. definition of amnesty. The amnesty make the same heartfelt pleas we hear The American people are pleading provisions are so broad that they are today. with Congress to enforce our laws. But open to those who have had multiple It is time to end the lawlessness, not this bill is a law that, at its funda- criminal convictions of up to two mis- surrender to it. It is time to end the mental core, is a reward for illegal ac- demeanors—just not three—and many lawlessness that is occurring. This is a tivity. It is the third time we have criminal cases that are felonies are decisive vote. I urge my colleagues to tried to schedule a vote on it, and dur- pled down to misdemeanors, including oppose this reckless bill and commit ing this lameduck session it is the fifth certain sex offenses, drunk driving, and ourselves, as a nation, to creating an version of this legislation that has drug offenses. immigration system that is just and been introduced in the past 2 months. But the bill goes further, offering a lawful and that befits a nation as great Not one of these bills has gone through safe harbor to those with pending ap- as ours. committee. Not one of them is subject plications, even if they pose some risk Mr. President, I ask unanimous con- to amendment. to the country. In other words, if you sent that the time remaining that I The House passed a bill after 1 hour have filed and sought protection under have not used that has been allocated of debate, having announced it being the act, this can stay any action to the Republicans be divided as fol- brought up 1 day before. In fact, the against you in any deportation pro- lows, and not necessarily in this order: version we are now considering is the ceedings. Senator MCCAIN, 10 minutes; Senator same one that was rammed through I think it is particularly dangerous CHAMBLISS, 5; Senator INHOFE, 10; Sen- the House. because the safe harbor would apply to ator KYL, 5. The majority leader has filled the those even from terror-prone regions in The ACTING PRESIDENT pro tem- tree. So, once again, the legislation the Middle East. In fact, the DREAM pore. Without objection, it is so or- cannot be amended. Act altogether ignores the lessons of dered. For 2 years, Democratic leaders have 9/11, going so for as to open up eligi- Mr. SESSIONS. Mr. President, we ignored the public. They have rammed bility to those who previously de- have it within our power to fix the bro- through a lot of unpopular legislation, frauded immigration authorities, pro- ken immigration system. Last year, and sometimes—and too often—the vided false documentation, as did many approximately 600,000 people were ar- process has been skirted, and it has not of the 9/11 hijackers on their visa appli- rested entering our country illegally. been healthy for the Republic, which is cations. That is lower than it has been, but a one reason people have not been happy Some have suggested this should not determined leadership from the Presi- with it. be a debate about policy but instead dent, from the Congress, can, within a So we are at it again, in these last about compassion. But good policy, matter of 1 or 2 years, end this prob- hours, attempting to force through leg- faithfully followed, is compassion. I lem, and then we can begin to wrestle islation that is not acceptable to the ask my friends who support the legisla- with the difficult question of those who people. tion, what is compassionate about ig- have been in our country for some Proponents of the DREAM Act are noring the public wishes and forcing time. sincere, and they insist this is a lim- people to live with a lawless border and I thank the Chair and yield the floor. ited bill for young children of illegal a lawless immigration system that The ACTING PRESIDENT pro tem- immigrants who graduate from high must be reformed and Congress refuses pore. The Senator from Michigan is school, get a college degree, and join to reform? I ask them, is it compas- recognized. the military. But the facts of the legis- sionate to put illegal aliens in front of f lation are different. The DREAM Act the line, ahead of those who have pa- would grant legislation to millions of tiently waited and played by the rules? ORDER OF PROCEDURE illegal aliens, regardless of whether Is it compassionate to act in a way Mr. LEVIN. How much time has been they go to or finish college or high that undermines the integrity and con- used by Senator SESSIONS?

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22918 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 The ACTING PRESIDENT pro tem- petrated. Let’s move to end it today. that is, without this legislation, they pore. The Senator has used 14 minutes. Again, let me say thank you to all of are going to be forced to implement a Mr. LEVIN. Mr. President, I ask you. I look forward to being with all of change in policy not when they can unanimous consent that now the Sen- you next year. certify that they are ready, as provided ator from Oregon be recognized for 3 I yield the floor. for in this legislation, but when a court minutes, and then I be recognized for 6 The ACTING PRESIDENT pro tem- orders a change. The only method of minutes. pore. The Senator from Michigan is repeal that places the timing of repeal The ACTING PRESIDENT pro tem- recognized. and the control of implementation in pore. Without objection—— Mr. LEVIN. Mr. President, I thank the hands of our military leaders is the Mr. INHOFE. Mr. President, reserv- the Senator from Oregon for his power- enactment of this bill. ing the right to object, can the Senator ful statement and powerful presence. There are a lot of reasons the repeal amend that to include me for 10 min- We look forward to 110 percent of that of don’t ask, don’t tell can and will, utes following his remarks? power being back with us in the days hopefully, happen, but we know it can Mr. LEVIN. I so amend my request. ahead. happen without harming our military’s The ACTING PRESIDENT pro tem- Mr. WYDEN. I thank the Senator. effectiveness. Those are the reasons we pore. Without objection, it is so or- Mr. LEVIN. The Armed Services can do this safely, but there are other dered. Committee held two excellent hearings reasons why we must end this discrimi- The Senator from Oregon is recog- to consider the final report of the natory policy. In Admiral Mullen’s nized. working group that reviewed the issues memorable words, it is a policy which f associated with the repeal of don’t ask, ‘‘forces young men and women to lie don’t tell. That report concluded that about who they are in order to defend HEALTH CARE allowing gay and lesbian troops to their fellow citizens.’’ We should end Mr. WYDEN. Mr. President, Sen- serve in the U.S. Armed Forces, with- this policy because it is the right thing ators, let me thank all of you for your out being forced to conceal their sexual to do. many kindnesses over the last 48 hours. orientation, would present a low risk Some have argued that this is social When news about your prostate is rico- to the military’s effectiveness, even engineering or that this is partisan, cheting around the blogosphere, all the during a time of war, and that 70 per- even though this change is supported calls, notes, and even offers to object cent of the surveyed members believe by the overwhelming majority of the on my behalf have meant a lot. I only the impact on their units would be American people. They are grossly mis- want to say that I just hope this en- positive, mixed, or of no consequence. taken. courages everybody to go out and get As one servicemember told the work- Mr. President, how much time do I those physicals. What this is all about ing group: have remaining? is prevention. We can agree that when All I care about is can you carry a gun, can The ACTING PRESIDENT pro tem- it comes to health care that we all you walk the post. pore. One minute. ought to focus on prevention. In combat, the troops have told us Mr. LEVIN. Mr. President, I am not f that what matters is doing the job. here for partisan reasons; I am here be- We also learned during the course of cause men and women wearing the uni- DON’T ASK, DON’T TELL our hearings that while predictions of form of the United States who are gay Mr. WYDEN. Mr. President, briefly, problems after repeal were higher in and lesbian have died for this country it was so important for me to be here combat units than among troops, this because gay and lesbian men and today because don’t ask, don’t tell is commission found that the difference women wear the uniform of this coun- wrong. I don’t care who you love. If you disappeared among those who had ac- try and have their lives on the line love this country enough to risk your tual experience serving on the front right now in Afghanistan, Iraq, and life for it, you should not have to hide lines with gay colleagues; that is, expe- other places for this country. One of who you are. You ought to be able to rience is a powerful antidote to nega- those is a captain by the name of Jona- serve. tive stereotypes about gay service than Hopkins. He finished fourth in his The history of our wonderful Nation members. class at West Point, commanded two is spotted with wrongs, but this insti- We learned that when our close al- companies—one in combat—and earned tution is at its best when it corrects lies, Great Britain and Canada, were three Bronze Stars, including one for those. That is the opportunity we will preparing to allow open service by gay valor in combat. Yet that decorated have today. and lesbian troops, there were concerns combat leader had to leave the Army Don’t ask, don’t tell has resulted in about problems there. Those concerns because of don’t ask, don’t tell. I am the discharge of over 14,000 patriotic totally disappeared after they changed here because of SSgt Eric Alva, the and talented service members who were their policy to allow service, but those first ground unit casualty of the war in otherwise qualified to serve their coun- concerns—that level of concern in our Iraq. The first casualty in the war in try. allies’ armies was higher than the cur- Iraq was a gay soldier. The mine took A 2005 Government Accountability rent level of concern in our troops. off his right leg, and that mine that Office report says nearly 10 percent of Both those countries and other allies, took off his right leg didn’t give a darn those discharged under don’t ask, don’t such as Israel, made the transition whether he was gay or straight. We tell have been linguists trained in crit- with far less disruption than expected, shouldn’t either. ical languages such as Arabic, Farsi, and their militaries serve alongside We cannot let these patriots down. and Chinese. ours in Afghanistan with no sign that Their suffering should end. It will end As a member of the Senate Intel- open service diminishes their or our ef- with the passage of this bill. I urge its ligence Committee, let me tell you fectiveness. passage today. It is the right thing to that turning away Arabic, Farsi, and Secretary Gates has assured every- do. Chinese speakers is bad for national se- body he is not going to certify that the I yield the floor. curity. It makes it harder for us to win military is ready for repeal until he is The ACTING PRESIDENT pro tem- the war on terror. Don’t just take my satisfied with the advice of the service pore. The Senator from Oklahoma. word for it. The fact is, the military chiefs that we have mitigated, if not Mr. INHOFE. Mr. President, it is my now understands how important it is to eliminated, to the extent possible, understanding that I have 10 minutes, make this change. risks to combat readiness, to unit co- and I would like to ask the Chair to let Today, the Senate has the oppor- hesion and effectiveness. We learned me know when I have 1 minute remain- tunity to be on the right side of his- that Secretary Gates, Admiral Mullen, ing. tory. Don’t ask, don’t tell is a wrong and other senior military leaders are The ACTING PRESIDENT pro tem- that should never have been per- concerned that unless we pass this law; pore. The Chair will so notify.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22919 Mr. INHOFE. First of all, Mr. Presi- ommendation of someone who is al- with no legs, none. We’ve got Marines at dent, we have a couple of votes today ready in the service. Walter Reed with no limbs. on things we should have been address- So when you look at this report, ev- This is the statement of General ing for a long period of time in order to eryone in the working group—and the Amos. Let me repeat. He said: get to the bottom of them, and one is working group is made up of a large When your life hangs on the line, you don’t the DREAM Act. number of people—says they didn’t tab- want anything distracting . . . Mistakes and I think the Senator from Alabama ulate the results, but when pressed, inattention or distractions cost Marines’ did a thorough job of talking about the they said their sense on the don’t ask, lives. problems. I would only say this about don’t tell policy is that the majority of So we are talking about marines’ the DREAM Act. I have been privileged views expressed were against repeal of lives in this case, and that is the sig- over the past 20 years to probably give the current policy. nificance. more speeches at naturalization cere- I think, if you really want to know, I could go on. We have been talking monies than anybody else I know. You there are four very courageous chiefs of about this now for a long period of look at these people who did it the the services who have been willing to time as to some of the very serious legal way—they came in and learned stand up and be counted. problems. the language, and I have to say, Mr. General Casey is the Chief of Staff of I have a letter I read some time ago President, they probably know more the Army. After a long statement at a from 41 retired chaplains who sent a about the history of this country than hearing we had on the 3rd of this letter to President Obama and Sec- many of us in this Chamber. They do it month, he said: retary Gates stating that normalizing the right way. They study, and they As such, I believe that implementation of homosexual behavior in the Armed are proud. When I see something like the repeal of don’t ask, don’t tell in the near Forces will pose a significant threat to this, which I believe is done purely for term will, one, add another level of stress to chaplains’ and servicemembers’ reli- political reasons, I just can’t imagine an already stretched force; two, be more dif- gious liberty. The letter warned that slapping these people in the face—the ficult in combat arms units; and, three, be reversing the policy will negatively im- more difficult for the Army than the report pact religious freedom and could even people who did it in the legal way—and suggests. saying it is all right to open the door. affect military readiness and troop lev- So enough on that. I think that was At the same December 3 hearing—so els because the military would be covered by the Senator from Alabama. this is current stuff—General Schwartz marginalizing deeply held religious be- I do wish to speak about don’t ask, of the Air Force said: liefs. don’t tell. I thought back in 1993, dur- Nonetheless, my best military judgment I know we are very short on time— ing the Clinton administration, that does not agree with the study assessment votes are going to be coming up—but I this probably wouldn’t work. I was that the short-term risk to the military ef- have to respond to something the dis- fectiveness is low. . . . I remain concerned shocked when I found out how well it with the outlook for low short-term risk of tinguished chairman of the Armed has worked for this long period of time; repeal to military effectiveness in Afghani- Services Committee said. He was say- that is, the don’t ask, don’t tell policy. stan. ing we will not implement this until we We have a saying in Oklahoma: If it He goes on to talk about the imple- find out and make a determination, ain’t broke, don’t fix it. This isn’t mentation. and he was speaking of himself, Admi- ral Mullen, the Chairman of the Joint broke. It is working very well. I therefore recommend deferring certifi- This is something else I never be- cation and full implementation until 2012, Chiefs of Staff, the Secretary of De- lieved would work, but I was a product while initiating training and education ef- fense, and the President; that they are of the draft—I was drafted into the forts soon after you take any decision to re- not going to implement this until they U.S. Army. Yet today we have an all- peal. have studied this and determined it is volunteer force. Our recruitment and So there is General Schwartz of the not going to have the risks and all retention today in all services is over U.S. Air Force agreeing with General that. 100 percent. I look at this, and I wonder Casey that this should not be imple- But wait a minute, let’s look at what what effect this is going to have on mented. they have already said. They have al- that. I think we have some pretty good Then in that same hearing, General ready made up their minds. President indications on what that effect would Amos said: Obama said this year: I will work with be. While the study concludes that . . . repeal Congress and our military to finally re- First of all, the study that was sup- can be implemented now, provided it is done peal the law that denies gay Americans posed to take place was supposed to in [a] manner that minimizes the burden on the right to serve the country they have the input of the members of the leaders in deployed areas, the survey data as love because of who they are. Secretary services. The ones I have talked to felt it relates to the Marine Corps’ combat arms Gates said: I fully support the Presi- that it was already over. In fact, it forces does not support that assertion. dent’s decision. The question before us was. We go out and ask them for their He goes on to talk about the element is not whether the military prepares to input as to the repeal of don’t ask, of risk, which is a term we use in the make this change but how we best pre- don’t tell, how it would affect our mili- military when you change something, pare for it. And Secretary Gates also tary and their operations, and then we and whether that risk will be low, me- said he strongly preferred congres- turn around and go ahead and pass it. dium, or high. The risk in this case sional action as opposed to court ac- We did that on May 27. So I think they ranges from medium to high in the es- tion. Admiral Mullen had already made didn’t respond, as they normally would timates of these individuals who really up his mind. These are his words: Mr. to a survey, because the decision was know what they are talking about. Chairman, speaking for myself, it is already made. I also have a quote from General the right thing to do. That is why, When I look at this and I see things Amos of just 2 days ago. This was actu- when people stand up and say they are written into this—well, first of all, like ally on December 14, as opposed to the not going to do this until such time as 23 percent, even on this survey, said 3rd. He said: these three people certify that it is the they would leave or think about leav- When your life hangs on the line, you don’t right thing to do, they have already ing sooner than they had planned. That want anything distracting . . . Mistakes and done it. That is what is behind this. I is 23 percent. Twenty-seven percent of inattention or distractions cost Marines’ don’t want anyone out there to think the military members surveyed said lives. So the Marines came back and said, this is an open process. they would not be willing to rec- ‘‘Look, anything that’s going to break or po- The last thing I would say is that I tentially break that focus and cause any ommend military service to a family kind of distraction may have an effect on co- will be spending New Year’s Eve in Af- member or close friend. Our studies hesion.’’ I don’t want to permit that oppor- ghanistan with the troops, and I know have shown us that 50 percent of those tunity to happen. . . . If you go up to Be- what they are going to say. They are who join the service do so at the rec- thesda Hospital . . . Marines are up there going to say the same thing they said

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22920 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 before: We were under the impression our servicemembers are complete pro- rights in America, please let it be said last January that we were going to fessionals. They will comply with the that you are doing it in a fashion that have input in this. We haven’t had repeal, and they will not allow open those who have a different view cannot input. service to negatively affect the jobs offer one amendment. We are doing So I think if you want to pursue this, they do. this in a way that the Senate, those of we should have the time to go ahead Finally, if the Senate does not act to us who want to maybe speak for the and do it the right way, not try to do give the Department of Defense and the Marine Corps and have some amend- it at the last minute, before—well, one President the authority to end this pol- ments and ideas that may make this day before my 51st wedding anniver- icy, then we are leaving the issue in less distracting, have zero ability to sary. the hands of the courts. Secretary offer an amendment on a policy change With that, I yield the floor. Gates has said it makes far more sense that the Commandants of the Marine The ACTING PRESIDENT pro tem- to bring certainty to don’t ask, don’t Corps, the Air Force, and the Army say pore. The Senator from Arizona. tell through legislation rather than is problematic. Mr. MCCAIN. Mr. President, I ask through lawsuits. To those who are pushing this proc- unanimous consent there be 5 minutes Let me end with the words of a Ma- ess, it is not appreciated. It is not ap- additional time on each side, an addi- rine captain who wrote a courageous preciated by your fellow Senators, and tional 5 minutes be allowed for Senator opinion piece this week that was in the I don’t think it is going to be appre- GRAHAM on this side. Washington Post. He said: ciated by the men and women who are The ACTING PRESIDENT pro tem- It is time for ‘‘don’t ask, don’t tell’’ to join going to have to live under this kind of pore. Without objection, it is so or- our other mistakes in the dog-eared chapters change. dered. of history textbooks. We all bleed red, we all Does that matter? Apparently not. Mr. MCCAIN. I thank the Chair and love our country, we are all Marines. In the That says a lot about the Senate. That end, that is all that matters. my colleagues and the Senator from Il- says a lot about modern politics. linois. I yield the floor. To the DREAM Act, I have been in- The ACTING PRESIDENT pro tem- Mr. GRAHAM. Mr. President, I think volved in comprehensive immigration pore. The Senator from Colorado. Senator MCCAIN asked I be recognized reform for many years. Senator DURBIN Mr. UDALL of Colorado. Mr. Presi- for 5 minutes. If that is correct, I and I have talked about how to make dent, I start by noting it has been a would like to proceed. the DREAM Act part of comprehensive IEBER The ACTING PRESIDENT pro tem- pleasure to work with Senator L - immigration reform. To those who MAN OLLINS pore. The Senator is correct. , Senator C , Chairman have come to my office, you are always Mr. GRAHAM. Mr. President, it is a LEVIN, Senator GILLIBRAND, and others welcome to come, but you are wasting week before Christmas. I don’t know in the effort to repeal this outmoded your time. We are not going to pass the where we will be next week. All I can law. DREAM Act or any other legalization say is, the Senate is taking up some I have spoken many times about the program until we secure our borders. It very important matters—the don’t ask, repeal of don’t ask, don’t tell and how will never be done stand-alone. It has don’t tell repeal. The Marine Corps it improves our national security, but I to be part of comprehensive immigra- Commandant said he believes changing would like to make a few additional tion reform. short points today before we take this this policy this way would cause dis- There is a war raging in Mexico that important vote at 10:30. traction among the Marine Corps to is compromising our national security. First, repealing this law is not about the point that he is worried about in- I would argue that the best thing for scoring political points or catering to a creased casualties. Let’s hope he is the Senate to do, the House to do, the special interest group. Rather, it is wrong. But you have to ask yourself, is administration to do, is work together about doing the right thing for our na- he crazy to say that and is he the kind to secure our borders before we do any- tional security, especially during a of man who would make such a chilling thing else. time of two wars. Instead of turning statement without having thought away qualified interpreters, mechanics, about it? To those who are bringing up this bill infantrymen, and others, we need every My advice to my colleagues is that today, I know why you are doing it. able-bodied man and woman who is the Marine Corps Commandant is a se- You are not doing it to advance the willing to fight for their country. rious man who is telling this body and issue. You are doing it to advance your An exhaustive study by the Pentagon this Nation that repeal, as being envi- situation politically. It is not appre- recently revealed what numerous re- sioned today, could compromise focus ciated. You are making it harder. You ports have shown, that don’t ask, don’t on the battlefield, and we are in two care more about politics in the last 2 tell can be repealed without harmful wars. weeks than you care about governing effects. In fact, what it shows is our na- The review from the military is posi- the country. This will not help Amer- tional security will be enhanced by this tive in one area, negative in the other. ica do the things America does. It is repeal. That is one of the reasons our The Army, the Air Force, particularly not appreciated. Defense Secretary, Robert Gates, and the Marine Corps have cautioned us I yield the floor. the Chairman of the Joint Chiefs of not to do this now this way. Other peo- The ACTING PRESIDENT pro tem- Staff, Admiral Mullen, have strongly ple have said now is the time. I can pore. The Senator from Virginia. urged us to repeal the law this year, only tell you that those in close com- Mr. LIEBERMAN. Mr. President, if I before we adjourn this week. bat units have the most concern about may, I would say that of the time we Second, the United States lags— repealing this policy. have, this side will yield 5 minutes to sadly lags—behind the world’s other Some will say this is a civil rights the Senator from Virginia, and I thank top militaries which allow open service issue of our time, the day has come, we him for coming over to speak. by gays and lesbians. Our troops fight need to move forward as a nation. The Mr. WEBB. Mr. President, I rise in next to servicemembers from many of Marine Corps does not have that view. support of the notion that we need to these countries every single day. There They have a different view, that this is make adjustments to this policy, this is no evidence showing that our mili- about effectiveness on the battlefield don’t ask, don’t tell policy. I say that tary operations in Afghanistan or Iraq at a time of war, not about civil rights. after many years of thought and con- are negatively affected by allowing gay It is up to the Members of the body sideration and also in light of the anal- servicemembers to serve openly along- to determine who is right and who is ysis that has been provided by the De- side U.S. servicemembers. wrong; to be cautious or to boldly go partment of Defense to the Armed Third, the vast majority of Ameri- forward. But to those Senators who Services Committee, on which I sit. cans support repealing this harmful will take the floor today and announce I would say to my friend from South law. As the Pentagon study showed, this as a major advancement of civil Carolina, I take the points he has made

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22921 about the concerns in small-unit cohe- (See exhibit 1.) cation until we were satisfied, after having sion and that has gone into the for- Mr. WEBB. He responded to me this consulted with each of the Service Chiefs and mula I have used myself in order to morning. I ask his full letter be printed Combatant Commanders, that risks to com- come to this conclusion. in the RECORD. bat readiness, unit cohesion, and effective- ness had, in fact, been mitigated, if not We need, first of all, to understand The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- eliminated, to the extent possible for all what this is and what it is not. The Services, commands, and units. question is not whether there should be dered. Sincerely, gays and lesbians in the military. They (See exhibit 2.) ROBERT M. GATES. Mr. WEBB. He said: are already there. According to Gen- The ACTING PRESIDENT pro tem- This legislation would indeed permit a cer- eral Hamm, who conducted this exten- pore. The Senator from Georgia. sive study, approximately the same tification approach as you suggest. . . . The specific concerns you raise will be foremost Mr. CHAMBLISS. Mr. President, I be- percentage of the military is gay and in my mind as we develop an implementa- lieve under the previous order I have 5 lesbian as in our general population. tion plan. minutes of Senator MCCAIN’s time. I The question is not about whether any- Without this, I would say, I would would like to take a minute to speak one should be able to engage in inap- not be voting to repeal this. I have on this issue of repeal of don’t ask, propriate conduct as a result of this spent my entire life in and around the don’t tell. I wish to start by talking policy, because we will not allow that military, including 5 years in the Pen- about the process. and we will be very vigorous in our tagon. With this understanding and Here we are, once again, at the end of oversight of the Department of Defense with the notion that we need to be put- the year, 1 week before Christmas, to make sure that does not occur. ting a policy into place that allows an dealing with a very sensitive, a very The question is whether this policy, open way of living among people who emotional issue that is of critical im- as it was enacted, works today in a way have different points of view, I am portance to our men and women in the that, on the one hand, can protect going to support this legislation. military, as well as every other Amer- small-unit cohesion or to sort that out EXHIBIT 1 ican, but most significantly those men and, on the other, allow people to live U.S. SENATE, and women who are willing to put their honest lives. Washington, DC, December 17, 2010. lives in harm’s way to protect America Here is what we have. We have a Sec- Hon. ROBERT GATES, and protect Americans—and they do retary of Defense, who served in the Secretary of Defense, The Pentagon, Wash- such a good job of that. What we have Air Force and who implemented a pol- ington, DC. seen is the House took up a bill, passed icy of nondiscrimination when he head- My purpose in writing is to reconfirm my a bill, it comes to the Senate, direct to ed the CIA, coming forward strongly understanding that the certification require- the floor, no opportunity for amend- and saying he believes the alteration of ments contained in the Don’t Ask, Don’t Tell Repeal Act of 2010 contemplate a sequenced ments, limited opportunity for de- this policy will work. I would remind implementation of its provisions for dif- bate—which we will have today—and my colleagues, he began as Secretary ferent units in the military, as reasonably then we are going to vote. of Defense in the Bush administration. determined by the service chiefs and unified I see the assistant majority leader is We have a Chairman of the Joint combatant commanders in coordination with here. I wish to say that as we move Chiefs, who has an extensive career in the Secretary of Defense and the Chairman into next year, get ready—get ready— surface warfare, starting with small de- of the Joint Chiefs of Staff. because this game can be played by stroyers up to commanding fleets, say- This was my understanding of the response both sides. There will be a number of ing he believes the policy should I received from General Cartwright when I raised the issue during his testimony Decem- bills that are passed in the House next change and that it can work. ber 3, 2010. Specifically, I asked if the process year that the majority is not going to We have a Vice Chairman of the could be considered service-by-service, com- want to vote on. But they better be- Joint Chiefs, a marine, saying he be- bat arm-by-combat arm, or unit-by-unit. He lieve those bills are going to be coming lieves this policy should change and it agreed that this was a correct interpreta- to the floor of the Senate in the same can work. tion. way this bill is coming, and we are Most interestingly, we have General Knowing of your many current commit- going to insist on that. Hamm, who conducted this study, a ments, I would very much appreciate a short, Second, let me just say we are in the former enlisted Army soldier, an infan- written confirmation or clarification on this matter as soon as possible. middle of two military conflicts, where try officer whose religious beliefs cause Sincerely, men and women are getting shot at, in- him great concerns about the notion of JIM WEBB, jured, killed, doing heroic acts, and homosexuality, at the same time say- U.S. Senator. providing for freedom in a part of the ing this policy should change and it world that is of critical importance to can be changed. EXHIBIT 2 all Americans and, at the same time, That is what we are seeing. The ques- SECRETARY OF DEFENSE, making sure, as they fight that battle tion, and I think Senator GRAHAM laid in Iraq and Afghanistan, those individ- Washington, DC, December 17, 2010. it out very well, is whether a change in uals who would seek to do harm to this policy will create difficulties in Hon. JIM WEBB, U.S. Senate, America and Americans are not al- small-unit cohesion. That depends, as I Washington, DC. lowed to do so. mentioned during these hearings, on DEAR SENATOR WEBB: Thank you for your We have a policy in place called don’t how this policy is implemented. I wrote letter of December 17, 2010, regarding the ask, don’t tell that has been in place a letter yesterday to Secretary Gates, certification requirements contained in the for 18 years now and it has worked. Ad- wanting to reaffirm my understanding Don’t Ask, Don’t Tell Repeal Act of 2010. miral Mullen, in his testimony before that this repeal would contemplate a In response to your question, it is my un- derstanding that this legislation would in- the Senate Armed Services Committee, sequenced implementation for the pro- deed permit a certification approach as you said that as a commander he had to visions for different units in the mili- suggest. We have not determined the specific terminate individuals who decided to tary as reasonably determined by the methodology that would be used should this let it be known they were a member of service chiefs, the combatant com- legislation pass, but I can assure you that the gay or lesbian community, and he manders, in coordination with the Sec- the specific concerns that you raise will be did. retary of Defense and Chairman of the foremost in my mind as we an implementa- I said in an additional question to Joint Chiefs. tion plan. Further, the Chairman of the him when he responded to that: Did I ask unanimous consent it be print- Joint Chiefs of Staff and I remain committed you have a morale issue when you had to working closely with the Service Chiefs ed in the RECORD. and the Combatant Commanders in devel- to terminate those people? He said: No; The ACTING PRESIDENT pro tem- oping this process. morale remained high. pore. Without objection, it is so or- As Admiral Mullen and I have stated pre- Morale today, in every branch of our dered. viously, neither he nor I would sign a certifi- service, is probably as high as it has

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22922 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 ever been in the last several decades. If that happens, we are going to have promised in the Declaration of Inde- Recruiting and retention are at all- 250,000 soldiers and marines that need pendence and, of course, with a lot of time highs. But what does this survey to be replaced in short order. When I pain and turmoil we have done that that was sent out on this issue to mili- asked Secretary Gates about it, he with regard to race in our country, cer- tary personnel and military families said: Well, that is not going to happen. tainly true with regard to women. show? First of all, it does not address Well, if it does happen, we are going to We have created an ethic. It is the the issue of: Do you support repeal of have serious consequences. promise of America, but in some sense don’t ask, don’t tell? They did not ask I do hope common sense will prevail it is what we also call the American the question. The survey assumes the here and that we will not get cloture, dream, that in this country you are repeal and talks about implementa- and we can move on to something that judged not by who you are but how you tion. What is interesting about the sur- is extremely important to the men and perform. In this country, no matter vey is that the individuals who con- women of America at this time in our where you were born or how you were ducted it, in addition to sending out calendar year. born, the fact is you are able to go—if pieces of paper, also had personal inter- I yield the floor. you play by the rules and you work views, they had online, back-and-forth The ACTING PRESIDENT pro tem- hard, you should be able to go as far as chats with individual members of the pore. The Senator from Connecticut. your talents will take you, not any military, and a majority of the individ- Mr. LIEBERMAN. Mr. President, I characteristic that one might associate uals who wear the uniform of the thank the Chair. I would yield myself with you, any adjective that one might United States who had personal inter- up to 8 minutes of the time on our side. put before the noun ‘‘American’’ action with the individuals who did the The ACTING PRESIDENT pro tem- whether it is White American, Black survey were opposed to the repeal of pore. Without objection, it is so or- American, Christian, Jewish American, don’t ask, don’t tell. dered. gay or straight American, Latino, or The survey does show that nearly 60 Mr. LIEBERMAN. Mr. President, I European American, that you should percent of the respondents from the want to thank Chairman LEVIN, Sen- be entitled to go as far as your talents Marine Corps and the Army combat ator UDALL of Colorado, and Senator and your commitment to our country arms said they believe repeal would WEBB for their informed and inform- will take you. cause a negative impact on their unit’s ative remarks in support of the motion In our generation, it seems to me effectiveness. Among marine combat to concur with the House in regard to that the movement to realize the arms, the percentage was 67 percent. repealing the policy that has come to promise of the Declaration has been And we think this is a good idea? We be known as don’t ask, don’t tell. one of the places that has been most at think it is a good idea when 67 percent I think that in considering this mat- the forefront and realized most signifi- of those marines who are in foxholes ter today we have an opportunity not cantly is in regard to gay and lesbian and are dodging bullets around corners just to right a wrong, not just to honor Americans, to promise that, in our in Afghanistan as we speak today, who the service of a group of American pa- say that this is going to have an im- time, we will guarantee, as a matter of triots who happen to be gay and les- pact on them, we think it is a good law, that no one will be denied equal bian, not just to make our military idea to repeal this policy? opportunity based on their sexual ori- And, by the way, this has nothing to more effective, but to advance the val- entation. They will be judged by the do with the valiant service that gays ues that the Founders of our country way they live and the way they per- and lesbians have provided to the articulated in our original American form their jobs. That is why the exist- United States of America. That is a documents. ing don’t ask, don’t tell policy is, in given. We all agree with that. But what I want to talk very briefly about my opinion, inconsistent with basic the Marine Corps and what the Army, that, because it is important to set American values. as well as what the Air Force Chief what we are doing here in the context It is not only bad for the military, it said is this is not the time to repeal of history. From the beginning, Amer- is inconsistent with our values. I want this. In the middle of a military con- ica has been a different Nation. We did to say it is particularly bad for the flict is not the time to repeal a policy not define ourselves based on our bor- military, because in our society, the that is working, that has the potential ders. Our Founders defined America American military is, in my opinion, for affecting morale, it has the poten- based on our values, and none stated the one institution that still com- tial for affecting unit cohesiveness, and more powerfully than those words in mands the respect and trust of the it also, most significantly in my mind, the opening paragraph of the Declara- American people, because it lives by according to both General Casey and tion of Independence that: There are American values. It fights for Amer- General Amos, does have the potential self-evident truths. This is a political ican values. It is committed to a larger for increasing the risk of harm and statement, a constitutional statement, cause and not divided by any division, death to our men and women who are but also a religious statement. including party. serving in combat today. There are self-evident truths, and one So to force this policy as the don’t If for no other reason, we ought not of them is that all of us are created ask, don’t tell does on our military is to repeal this today. Should it be done equal and endowed by our Creator with to force them to be less than they want at some point in time? Maybe so. But those unalienable rights to life, liberty, to be, and less than they can be. Admi- in the middle of a military conflict is and the pursuit of happiness. In the ral Mullen, the No. 1 uniformed mili- not the time to do it. So as we think second paragraph, our Founders say, in tary officer in our country today, said about this, and we think about the men the Declaration, that they are forming very powerfully: and women who are serving, and the this new government, America, in We— fact that, as Senator INHOFE alluded to order to secure those rights to life and The military— earlier—I will not repeat all of those liberty. The sad fact is, at the moment are an institution that values integrity, and numbers—but the fact is that if the they adopted the Declaration of Inde- then asks other people to join us, work with percentages in response to the survey pendence, these rights were not en- us, fight with us, die with us, and lie about turn out to be true, then we are going joyed for a lot of Americans, including, who they are the whole time they are in the to have about 30 percent of marine of course, the slaves, most of all, but military. combat forces who are going to get out women had no legal rights to speak of. That, Admiral Mullin says, is what early and not reenlist, and we are One way I think I like to look at does not make any sense to me. I going to have to replace them. We have American history is as a journey to re- agree. The fact is this is not just a the- got about 25 percent of those combat alize, generation after generation, in a ory we are talking about. The fact is troops in the Army who are not going more perfect way, to make ours a more that under the don’t ask, don’t tell pol- to reenlist and who would like to get perfect Union, the rights given in the icy, more than 14,000 members of our out early. Declaration of Independence, the rights military have been discharged since

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22923 1993, not because they performed their this change in policy. But among those Let me begin with don’t ask, don’t military responsibilities inadequately, marines who have served in marine tell. Seventeen years ago, Senator not because they violated the very de- units with gay and lesbian marines, 84 BOXER introduced an amendment. I manding code of personal conduct in percent say no problem. Why? Because spoke to that amendment. We lost by a the military, but simply because of we do not care, when we are out in vote of 33 to 63. Only one-third of the their sexual orientation. combat, what somebody’s race or gen- Senate voted to repeal don’t ask, don’t I think if you view this as an issue, der or ethnicity or religion or sexual tell in what was a benign amendment, that can be controversial in the realm orientation is; all we care is whether essentially a consent resolution, but it of rhetoric or theory. But if you face they have got our back and they are a lost. It lost despite the testimony of le- those 14,000—and I have talked to a lot good member of the unit. gions of military. of them—yesterday, an Air Force My friends have said that this sim- The time has gone by, 17 long years. major, commanding more than 200 ply—if, and I hope when this measure Many of us believe the policy is uncon- members of the Air Force—all sorts of passes, and don’t ask, don’t tell is re- stitutional. We believe it does more commendations, tossed out simply be- pealed, it authorizes the repeal, but it harm than good. And 17 years later, I cause someone did not like him, found does not finish it. It starts a delibera- am only more certain that is the case. out he was gay, and he was pushed out. tive process in which, without time The criteria for serving in the U.S. A student at one of the academies, at limit, the Secretary of Defense, the Armed Forces should be courage, com- the top of his class, same thing. Be- President, the Chairman of the Joint petence, and a willingness to serve. No cause of his sexual orientation, tossed Chiefs of Staff, have to decide that it is one should be turned away because of out. You know we spend, by one esti- time for the repeal to occur. It is a who they are—not because of their mate, more than half a billion dollars very reasonable process. And it saves race, their sex, or their sexual orienta- training those 14,000 members of the the military, as Secretary Gates has tion. Since 1993, however, don’t ask, American military that we discharged said over and over again, from facing don’t tell has required gay and lesbian solely because of their sexual orienta- an order from a court that forces the Americans to make a choice. You can tion. What a waste. These people sim- military to do this immediately. serve the country you love, but only if ply want to serve their country. Bottom line, and I will speak person- you lie about who you are. I know you, Mr. President, have ally here, I was privileged about 10 This has forced honorable American probably had the same experience I years ago—incidentally, thinking of soldiers to conceal their true selves have. When you talk to any of the the DREAM Act, I am a grandchild of from their family, their friends, their 14,000, why are they lobbying, pleading four immigrants to America. Could fellow servicemembers, and their mili- with us to repeal don’t ask, don’t tell? they have ever dreamed that I would tary superiors. It has deprived the U.S. They want to go back and serve our end up a Senator—2,000 have had the military of talent and badly needed special skills. country. They want to put their lives opportunity—to be the first Jewish Let me discuss one person. SGT on the line for our security and our American to run on a national ticket? Lacye Presley served two tours of duty freedoms. Does it make any sense to I will never forget. Someone called in Iraq as an Army medic. The Army say no to them simply because of a pri- me up that day and said how thrilled awarded her a Bronze Star for her he- vate part of their person? they were, a member of another minor- roic action in keeping several criti- In the survey that was done as part ity group, and said: You know, Joe, cally wounded civilians alive after a of the Pentagon report, there are some here is what is significant. When a bar- car bomb exploded in their midst. An- remarkable numbers. One of them is rier falls for one group of Americans, other Army sergeant who worked with that of the gay and lesbian members of the doors of opportunity open wider for her around the same time said this our military surveyed, only 15 percent all Americans. about Sergeant Presley: said they would come out, that they I think we have that opportunity I would serve with Sergeant Presley any would reveal their sexual orientation. today to make our great country even day, no doubt about it. She’s one of the best One of them was quoted as saying, and greater, and our best-in-the-world mili- medics that I’ve ever seen in my 18 years of I paraphrase: That is private. That is tary even better. service. not part of my responsibility in the I yield the floor. Sergeant Presley was discharged military. None of us do that in the Mr. DURBIN. Mr. President, how after someone reported her sexual ori- military. much time remains on each side? entation to a senior commander. This And, incidentally, when, as I hope The ACTING PRESIDENT pro tem- is one for Sergeant Presley. and pray don’t ask, don’t tell is re- pore. There is 23 minutes remaining for Let me discuss some other affected pealed, gay and lesbian members of the the majority, just under 16 minutes to military personnel. Former PO2 Ste- military, just as straight members, the Republicans. phen Benjamin was an Arabic linguist will be held to the highest demands and Mr. DURBIN. I yield to the Senator for the Navy. He started his service in standards of the military code of con- from California, Mrs. FEINSTEIN, for 7 2003, graduated in the top ten percent duct. If they are involved in any inap- minutes. of his class from the Defense Language propriate behavior, they will be dis- Mrs. FEINSTEIN. Mr. President, let Institute, and spent 2 years translating ciplined. me thank Senator LIEBERMAN for his for the Navy. In 2007, he was prepared Mr. President, I ask unanimous con- authorship of and advocacy for repeal to deploy to Iraq but was turned away sent for 2 additional minutes of the of don’t ask, don’t tell. I wish to use and discharged because it was discov- time we have. my time to speak about pieces of legis- ered that he was gay. The ACTING PRESIDENT pro tem- lation. Army SGT Darren Manzella served pore. Without objection, it is so or- Don’t ask, don’t tell has been with us two tours of duty providing medical dered. now for 17 years. I just pulled a speech services in Iraq. He earned three pro- Mr. LIEBERMAN. The other signifi- I made on the floor 17 years ago. The motions over 6 years and was awarded cant number in the survey I thought DREAM Act has been with us for 10 the Combat Medical Bridge for leading was this: Well over two-thirds of the years. So neither of these are surprise over 100 patrols to treat the wounded members of our military surveyed, 120- bills. Both of these affect large num- and evacuate casualties. But after he some-odd thousand surveyed, said that bers of people in major ways. For confided in a supervisor about his sexu- they thought the military was ready many, they are their life. For those ality, he was threatened with dis- for this change. who love the military, who see no life charge, his sexuality was made public, I know there has been talk about the outside of the military, don’t ask, and he was later discharged under marines. There is a fascinating number don’t tell is their life. The same for don’t ask, don’t tell. about the marines. A significant num- students, the DREAM Act becomes PVT Randy Miller of Stockton, CA, ber of the marines are worried about their life. was a member of an elite Army

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22924 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 paratroop division with a long family about ‘‘illegal aliens.’’ When she asked people are left with a dead end. They history of military service. He spent 2 her father what it meant, he told her can’t use their educations to con- years training in preparation for de- that she should never ask about that tribute to their communities. They ployment and then served a tour of word again. Like most kids, she didn’t can’t serve the country they call home duty in Iraq beginning in the winter of know what it meant to be undocu- by volunteering for military service. In 2005. But when he returned to the mented. other words, they are dumbed down by United States to be treated for a knee Then, when she was ready to apply their status. They are relegated to the injury, someone reported that he was for college, her guidance counselor shadows by their status. And along gay and he was discharged from the asked for her social security number. comes the DREAM Act. That provides Army. This is when the meaning of ‘‘undocu- an opportunity for these young people Finally, there is LTC Victor mented’’ hit home. She graduated from to prove themselves. It provides the in- Fehrenbach, a 19-year veteran of the high school with honors and is cur- centive to prove themselves. Air Force. He has flown 88 combat mis- rently a sophomore at DeAnza College It would permit students to become sions in Iraq, Afghanistan, Kosovo, and in California. She is active in her stu- permanent residents if they came here the former Yugoslavia. He received dent government and is studying polit- as children, are long-term U.S. resi- nine Air Medals and five Commenda- ical science. dents, have good moral character, at- tion Medals. When our country was at- Ivan was brought to the United tend college, or enlist in the military tacked on September 11, 2001, he was States when he was just 10 months old. for 2 years. So already they have to hand-selected to fly patrols over Wash- His family settled in San Bernardino, prove themselves. The legislation re- ington, DC, as part of the initial alert CA, where Ivan excelled in school. He quires students to wait 10 years before crew. found out about his undocumented sta- becoming lawful permanent residents But Colonel Fehrenbach has been rec- tus in the 7th grade when he could not and undergo background and security ommended for honorable discharge be- accept an award he earned at a science checks and pay any back taxes. This is cause his sexual orientation was made fair because he didn’t have a Social Se- a multistep process. It is not a free public in 2008. curity number. pass. These are only five stories. There are Ivan is a Presidential scholar who Additionally, according to CBO, the at least 13,500 more. All of these men graduated within the top 1 percent of DREAM Act would actually increase and women volunteered to defend the high school graduates in San Federal revenues by $2.3 billion over country they love, only to be dis- Bernardino County. He is currently a the 10 years and increase net direct charged because of who they happen to senior at California State University spending by $912 million between 2011 love. and is a pre-med biology major. He and 2012. Now I wish to speak about the hopes to become a doctor in the Army In addition, the Congressional Budg- DREAM Act. I thank those who have someday and says that it would be an et Office and the Joint Committee on supported this, brought it forward— honor to provide care to the brave men Taxation indicate that enacting the Senator HATCH, Senator DURBIN, as and women risking their lives for this bill would reduce deficits by about $2.2 well as Senator LIEBERMAN and Sen- country. billion over 10 years. ator COLLINS on repealing don’t ask, Blanca came to the United States in DREAM is a winner. Repealing Don’t don’t tell. I have supported the 1989, when she was 6 years old. Her fam- ask, don’t tell is what we should do. I DREAM Act since it was first intro- ily left Mexico after a devastating hope there are ‘‘aye’’ votes sufficient duced. Each year the support has earthquake. Blanca’s family settled in to pass both of these today. grown. the San Francisco area, where she at- I thank the Chair and yield the floor. Each year approximately 65,000 un- tended elementary school and grad- The ACTING PRESIDENT pro tem- documented young people graduate uated from high school. Although Blan- pore. Who yields time? from America’s high schools. Most of ca knew that she was undocumented, The Senator from Arizona. these did not make a choice to come to her family never spoke about it. Mr. KYL. Could I be advised after I the United States. Many were brought Despite being undocumented, Blanca have spoken for 5 minutes. here by their parents, some at 6 was determined to get the best edu- Mr. President, the DREAM Act is an months old, 6 years, 12 years—whatever cation she could. She attended Contra attempt to cure a symptom of a prob- it is. Many of these young people grew Costa Community College and the Uni- lem. The symptom is that some chil- up in the United States. They have lit- versity of California Davis. She grad- dren have been brought here illegally tle or no memory or resources in the uated from college in 2008 and hopes to and they are suffering the con- country from which they came. They become a lawyer someday so that she sequences of being illegal aliens under are hard-working young people, dedi- can work to prevent sex trafficking. American law. The problem is illegal cated to their education or serving in Justino was brought to the United immigration, which causes all manner the Nation’s military. They have States 10 years ago by his mother, of other bad results or problems. There stayed out of trouble. Some are val- along with his two siblings, to escape are huge costs to society and any num- edictorians—I happen to know one— his abusive father. He attended school ber of personal tragedies as a result of and honor roll students. Some are com- and graduated within the top 5 percent illegal immigration, the DREAM Act munity leaders and have an unwaver- of his class. He attends Mount San An- problems being only one subset. ing commitment to serving the United tonio College and is a student leader, Just a few days ago, another Border States. actively engaged in community service Patrol agent was killed in the State of Mr. President, I would like to tell in the Latino community. Arizona, illustrating again another you about a few college students in Justino says that he has a strong kind of personal tragedy from illegal California, who would benefit from the love for his community and has been immigration. Unfortunately, treating DREAM Act. doing everything he can to improve it symptoms of the problem might make Ana was born in Mexico. She was just like his role models, Martin Lu- us feel better because we are doing brought to the United States when she ther King, Jr., and Gandhi. something for a particular group of was 7 years old. She says one of her Because of their undocumented sta- folks, but it can allow the underlying earliest memories is her mother wak- tus, these young people are ineligible problem to metastisize. Unfortunately, ing her up early in the morning to go to serve in the military. They face tre- that is what is happening at our bor- to school in the United States. She mendous obstacles to attending col- der. quickly learned English and excelled in lege. For many, English is actually In some respects, the problems are school. She didn’t find out that she was their first language, and they are just getting worse, not better. Our citizens undocumented until she was 13 years like every other American student. have a right to be safe and secure. old and overheard someone talking Now reaching adulthood, these young Right now that situation, at least in

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22925 my home State, does not pertain. So Seven, the bill forbids the Secretary deals with about 65,000 people a year the first point I make is that we have of Homeland Security from removing who are here through no fault of their to secure the border and stop illegal any alien who has a pending applica- own and have no other country of their immigration. When we do, there will tion for conditional nonimmigrant sta- own but want to make a contribution not be more problems for people associ- tus regardless of age or criminal sta- to our country—as scholars, as tax- ated with education that would be tus. In other words, it provides a safe payers, as part of our military—the solved by the DREAM Act or other haven for illegal immigrants, some of people who have worked hard, who problems associated with illegal immi- whom we would not want to allow to have played by the rules and they want gration. We will have excluded or we stay in the United States and should be to do nothing other than make a con- will have limited the nature of the subject to removal. tribution to the United States of Amer- problem to simply those who are here Eighth, the DREAM Act as written ica, much as my grandparents and my now and then, obviously, we can deal provides that applicants who are cur- mother wanted to make when they with that problem. That is the first rently ineligible under current law for came here as immigrants. point. status of a green card could neverthe- So I think on this Christmas Eve it Second, this bill is brought to us less be eligible under this act. The rea- would be more than appropriate for the with no hearings or markup in a com- son is because some of the grounds of Senate to join the House and do the mittee. It is the sixth version of a waiver that exist in this act do not right thing and pass the DREAM Act. DREAM Act. I worked with Senator exist under current law, but they could Mr. President, I yield the floor. DURBIN on another version of the be waived for DREAM Act aliens— The ACTING PRESIDENT pro tem- DREAM Act in connection with the things such as document fraud, alien pore. The Senator from New York. comprehensive immigration law. There absconders, and marriage fraud. Mrs. GILLIBRAND. Mr. President, I are problems with this bill. Those prob- Nine, the act does not actually re- rise in support of the two very impor- lems need to be dealt with. But the bill quire that an illegal alien finish any tant votes we are having today on the comes before us under a condition in type of degree other than a high school DREAM Act and the repeal of don’t which there can be no amendments. GPD. To receive green card status, the ask, don’t tell. There needs to be amendments. bill requires only that the alien com- The DREAM Act is a moral impera- In the remaining 3 minutes or so I plete 2 years at an institution of higher tive. These are young people who have have, let me simply identify 10 par- education. There is not a requirement come to this country through no fault ticular problems we need to deal with that they ever receive a degree of any of their own, who want nothing but to and can only be dealt with by getting kind. The requirement is that they achieve the American dream—either together and working it out by having needn’t receive a degree of any kind. through education or through military amendments, which we can’t do in the This is important. service—but they want to be part of For those who want to go into the short time we have. this community and be able to give military, there is the requirement for 2 The bill would immediately put an back to this community. years of service in the uniformed serv- estimated 1 to 2 million illegal immi- In a country that was founded on im- ices. When you enlist in the service grants on a path to citizenship, a num- migrants, where the richness of our today, you are enlisting for a commit- ber which will only grow because there heritage and culture and the breath of ment of 4 years. our economy is due to our immigrants, is neither a cap nor sunset in the legis- Finally, removal, if it can be dem- we want to make sure every one of lation. These people would then have onstrated as resulting in a hardship ei- these young people can become Amer- access to a variety of other Federal ther to the applicant or to a spouse, ican citizens. programs, Federal welfare programs, the requirements for education can be With regard to don’t ask, don’t tell, I student loans, Federal work study pro- waived altogether. So a sympathetic cannot think of a policy that greater grams, and the like. Secretary of Homeland Security could undermines the integrity of our entire Third, the entire time such individ- obviously create a situation in which Armed Services and who we are as a uals are in conditional status, they are there is essentially just a waiver for Nation. This is a policy that is corro- not required to attend college or join people to come into the United States. the military. That is a common For these reasons, I urge colleagues sive. We are saying to men and women misperception. Only when such individ- to vote against cloture on the DREAM who want nothing but to serve this uals seek to get lawful permanent resi- Act. country, to give their lives for this dent status do they then have to pro- The ACTING PRESIDENT pro tem- country: No, you cannot because of ceed to complete the requirements for pore. Who yields time? who you love. I cannot think of some- education or military. Mr. DURBIN. Mr. President, I yield thing more egregious, more under- Fourth, the education and military to three of my colleagues at this point mining of our command structure and requirements can be waived altogether, before, I believe, Senator MCCAIN of our goodwill, and the entire fabric of including for criminal activity—in speaks. I yield Senator BENNET 2 min- the military lives of the men and other words, people who have a serious utes, Senator GILLIBRAND for 2 min- women who serve. criminal background. utes, and Senator SCHUMER for 2 min- Mr. President, I urge my colleagues Five, chain migration, which is some- utes. to look at this as an urgent priority for thing we dealt with in the legislation The ACTING PRESIDENT pro tem- national security. When we are talking in 2009, would result from this legisla- pore. The Senator from Colorado. about worrying about having two wars tion because once the citizenship is ob- Mr. BENNET. Mr. President, I rise and terrorism at every front, we need tained, the individuals would have the today in strong support of the DREAM to know all of our best and brightest— right to legally petition for a green Act. I have a lot of sympathy for the how many are not serving today be- card for their family members. That arguments the Senator from Arizona cause of this policy; how many will re- means the numbers could easily triple has made about what is going on in Ar- turn to the military when this policy is from the 2 million plus estimated right izona, what is going on in the Rocky removed. All I know is, since this pol- now. Mountain West, where I come from, icy has been in place, we have lost Sixth, the bill has no age limit for which reminds me of the need we have 13,000 personnel, more than 10 percent aliens in removal status. This is sup- in this country and in this Congress to of our foreign language speakers, and posed to be for children, but there is no finally face up to the facts and pass more than 800 in mission-critical areas age limit for people who are in removal comprehensive immigration reform. who cannot be easily replaced. proceedings and simply file an applica- But that is not what we are talking If you care about national security, if tion for status under the DREAM Act about today. you care about our military readiness, to stay their removal. That has to be What we are talking about today is then you will repeal this corrosive pol- fixed. the DREAM Act, a narrow bill that icy.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22926 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 The ACTING PRESIDENT pro tem- 31,000 lives in Mexico since 2006. The try of their birth, often a place foreign pore. The Senator from New York. murderers carrying out these crimes and completely unknown to them. I Mr. SCHUMER. Mr. President, today are as violent and dangerous as any in truly sympathize with the plight of we vote on two very important issues the world. these men and women. in the great, long, and often difficult Two weeks ago, the Mexican military But I also feel for the men and march that America has made toward arrested a 14-year-old U.S. citizen who women of Arizona who live along an equality. has been working as a hit man for the unsecure border and have been prom- That is one of the greatnesses of this Cartel of the South Pacific. This child ised for decades that the Federal Gov- country, that we inexorably move to assassin came to the attention of the ernment will do its job and stop the il- equality. Sometimes it is painful. public after YouTube videos surfaced of legal migration and drug trafficking Sometimes it is difficult. Sometimes him decapitating kidnapping victims. that run through their towns, neigh- we take two steps forward and one step When questioned by Mexican authori- borhoods, and backyards. back. But as the great scholar de ties, he is quoted as saying, ‘‘When we I pity the farmers in my State who Tocqueville wrote, when he visited don’t find the rivals, we kill innocent are unable to harvest their crops be- America in the 1830s: The thing that people, maybe a construction worker cause they cannot navigate the bur- separates America from all the other or a taxi driver.’’ Truly disturbing be- dens of the H–2A agriculture guest countries of the world is equality al- havior. worker program. Most of all, however, ways prevails. This week there was another tragic I sympathize with the families who live We are dealing with equality on two murder on the U.S. side of the border in constant fear in their homes and scores today, in two areas. One is in that took the life of Border Patrol neighborhoods, especially those who the military. One of the great things Agent Brian Terry. Our thoughts and have been victimized by criminal ele- about our military, No. 1, is they de- prayers go out to his family and his fel- ments crossing the border illegally. fend us and risk their lives for our free- low Border Patrol agents. Agent Terry Consequently, I cannot in good faith dom. But the second is, it has always was killed outside of Rio Rico, AZ, dur- put the priorities of these students, as been an integrating, positive force in ing a shootout with a Mexican ‘‘rip- tragic as their situation is, ahead of America. Any policy that says you can- crew’’ that was attempting to rip off a my constituents and the American peo- not serve even though you want to be rival drug gang. These incidents are be- ple are who are demanding that the an American, you are an American, is coming all too common and are a by- Federal Government fulfill its con- wrong; bad for our military service and product of the lack of resources and stitutional duty to secure our borders. bad for the country. personnel along our border. Once we fulfill this commitment, we Second, we speak of the DREAM Act. Incidents like these are why the resi- can then address the other issues sur- Inevitably, from the time the first set- dents of southern Arizona tell me that rounding and plaguing our broken im- tlers came to New York, the English they feel that they live in a lawless, migration system. On a practical note, I also believe began to displace the Dutch, and the forgotten region of the country where that any casual, impartial observer Dutch were upset. But what does they live in constant fear in their own will recognize that our inability to se- America do? We reach out to new- homes. They are begging for our help. cure the border has made immigration comers and say: Become Americans It is time—in fact, the time is long reform politically unattainable as the and contribute to the American dream overdue—for the Federal Government American public insists we stop the and work hard. to fulfill its responsibility to secure flow of illegal entries before consid- There are always people who have our international borders and ensure ering any changes to our immigration reasons to say no. They always fail. the safety and well-being of the fami- policies. In 1986, we passed what was They may not fail this morning, but lies and citizens living within those truly an amnesty and we failed to se- they will fail because the drive for borders. cure our borders either before or after equality is a great American drive. It All of that being said, I still believe that bill’s passage. Consequently, we is part of the American dream, and on that the overwhelming majority of now have an estimated 12 to 20 million men and women trying to enter our both these issues we will prevail. people living in our country illegally, I yield the floor. country illegally are looking for noth- and the American people have said Mr. MCCAIN. Mr. President, over the ing more than the opportunity to im- ‘‘enough is enough.’’ They are telling last 3 years, I have spent a lot of time prove their lives and the lives of their us to ‘‘secure our borders first.’’ traveling around the State of Arizona families. Fixing our immigration sys- We have already made steps in the and meeting with my constituents. tem, with reforms like the DREAM Act right direction. In fact, we have shown Many of these trips took me to the and the implementation of a workable our ability to work in a bipartisan southern part of my State where I sat and labor-market-driven guest worker fashion to secure the border during this down with ranchers, farmers, small program would benefit our Nation’s Congress. Most recently, in August, the business owners, local officials, and law economy and our society. Such reform Senate unanimously passed legislation enforcement officers in the border re- would also provide immigrants des- to deploy $600 million in personnel and gion and discussed the issues that were perate to come to the United States to new assets to the southwest border. We important to them and their neighbors. look for work a safe alternative to ille- must continue this important work to- Everywhere I went people told me of gal human smugglers or ‘‘coyotes’’ gether. their fear and concern over the lack of that have cost so many people their While it is true that there are more security along Arizona’s border with lives and dignity. According to the U.S. assets and resources at the border now Mexico. Border Patrol, 253 people died attempt- than ever before, we need a complete Due to the drug war in Mexico, the ing to cross the Arizona border be- and comprehensive plan that incor- situation along the southern border tween September 2009 and October 2010. porates the ideas of the State and local has proven to be a very serious and real With respect to the DREAM Act, I law enforcement, elected officials, and threat to the people living in the re- have great sympathy for the students the border Governors. In the coming gion. The violence that continues to who would benefit from passage of this months, I will begin a deliberative and plague our southern neighbor by well- legislation. I have met personally with comprehensive process of discovering armed, well-financed, and very deter- many of the students advocating for what is truly needed to secure our bor- mined drug cartels poses a threat to the bill, and many of their stories are ders and give the Governors of our our national security. Despite the in- heart-wrenching. Through no fault of Southern States the peace of mind and creased efforts of President Calderon to their own, they are now caught in legal assurance they need to certify that stamp out these bloodthirsty and vi- limbo that leaves them unable to ob- their borders are secure. cious drug cartels, violence has in- tain employment in the United States These elected officials are on the creased dramatically, claiming over and unequipped to return to the coun- front line and know best what assets,

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22927 personnel, and technology are needed. stay true to the principles upon which icy must be changed once measures are Once the border State Governors cer- our great Nation was founded. We ask in place to mitigate any negative im- tify their State border has been se- our troops to protect freedom around pact of a repeal. This includes training, cured and the Federal Government can the globe. It is time to protect their education, and additional steps to en- demonstrate such to the American peo- basic freedoms and equal rights here at sure a smooth transition to imple- ple—only then should we and can we home. menting a repeal. begin working on comprehensive immi- Throughout our history, the Senate The issue of implementation was one gration reform. has shown its ability to reflect and il- concern shared by all the service chiefs I look forward to working with my luminate the Nation’s deepest ideals who testified before the Senate Armed colleagues in a bipartisan matter to ad- and the Nation’s conscience. It is my Services Committee on December 3, dress all of these issues that are impor- hope that the Senate will rise to this and I am pleased it is adequately ad- tant to the American people and the occasion by breaking through the par- dressed in this bill. Another concern people of Arizona. tisan din to proceed to a debate and shared by all service chiefs was the Mr. LEAHY. Mr. President, while vote on repealing this discriminatory view that they would prefer that Con- partisan rancor seems to have seized and counterproductive policy. gress legislate a repeal rather than the Senate on so many issues this year, Mr. COONS. Mr. President, I rise to leave it to the courts. They shared a on at least one count, I am encouraged voice my strong support for this legis- concern that a court order would com- and hopeful. There may yet be suffi- lation which I am proud to co-sponsor pel military leaders to implement a re- cient bipartisan agreement to repeal and which effectively repeals don’t ask, peal without the time and flexibility the discriminatory don’t ask, don’t tell don’t tell. required. policy before this Congress ends. I com- Today, we are at a historic cross- As the recent Department of Defense mend those Senators who have pledged roads. Our choice is to continue a pol- report demonstrated, 70 percent of our to support the repeal, and I renew my icy that conflicts with our founding troops believe a repeal of don’t ask, own commitment to this worthy effort. principles of freedom and liberty for don’t tell will have little impact on It is well past time to put an end to all, or to open the doors of the military military readiness or unit cohesion. this discriminatory and harmful pol- to all Americans courageous enough to Sixty-nine percent believe they have icy. serve. served with someone who is gay or les- Today, in the U.S. Senate, the stage Don’t ask, don’t tell is discrimina- bian, and of that group, 92 percent re- is being set for one of the major civil tion, plain and simple. Any American sponded that serving with someone rights victories of our lifetimes. Years prepared to die for their country who is gay or lesbian had little impact from now, I hope that historians will should be afforded the respect and ad- on their unit. have good cause to remember this day miration they deserve. Brave men and These report findings demonstrate a as a day when the two parties over- women in uniform are willing to fight basic truth that we can deny no longer. came superficial differences to advance for our freedom every day, and it is our Gay Americans have chosen to proudly the pursuit of equal rights for all responsibility as Senators as Ameri- serve their country, and the current Americans. After much effort, and just cans first to fight for theirs. don’t ask, don’t tell policy forces them as much study and discussion, the Sen- President Truman had the vision and to lie about who they are or face dis- ate finally will proceed to an up-or- leadership to racially integrate the charge. In fact, we have discharged down vote on repealing this counter- military at a time when he faced even nearly 14,000 brave servicemembers productive policy. stronger opposition from political and since the law was implemented in 1993, For those who still harbor concerns military leaders than we face today. simply because their sexual orientation that enacting this repeal would some- We should act today in that tradition. was disclosed. Those discharged include how harm readiness, one simple fact is I have met with many courageous high-decorated combat veterans, na- the clearest answer: Gay and lesbian members of the military some of whom tional security experts, and badly need- Americans already serve honorably in also happened to be gay or lesbian and ed military linguists when our nation the U.S. Armed Forces and have always listened to congressional testimony on is engaged overseas in two wars. These done so. There is no doubt that they this issue. I share the view of our mili- are losses we can ill afford. have served in the military since the tary leaders that the most pressing earliest days of the Republic. The only question is not whether to repeal don’t Sexual orientation is not a choice reason they could do so then, and ask, don’t tell, but rather, how to im- but discrimination is. Homosexuals in now—even under today’s discrimina- plement a repeal. This is why I am the military today face the double bur- tory policy—is because they display pleased the bill before us today leaves den of risking their lives for their the same conduct and professionalism this issue in the hands of military lead- country while being force to lie about that we expect from all of our men and ers, who are granted the time needed to who they are or face discharge. Today, women in uniform. They are no dif- certify adequate preparation for a re- I am pleased to join my colleagues in ferent than anyone else, and they peal reflecting the best interests of our ending this burden once and for all and should be treated no differently. troops. repealing don’t ask, don’t tell. Ending this policy will also bring to Under the legislation, a repeal of I wish to voice my strong and un- an end years of forced, discriminatory don’t ask, don’t tell would be enacted equivocal support for this bill which ef- and corrosive secrecy. Giving these 60 days after the President, Secretary fectively ends the seventeen year pol- troops the right to serve openly, allow- of Defense, and Chairman of the Joint icy of treating homosexuals as inher- ing them to be honest about who they Chiefs certify they have done three ently unqualified for military service. are, will not cause disciplined service things. First, that they have consid- It is time we join the majority of our members to suddenly become dis- ered the Pentagon working group re- allies in allowing those already serving tracted on the battlefield. It is pan- port on the impact of a repeal. Second, in our military to do so free from dis- dering to suggest that they would be. that the Department of Defense has crimination, with integrity and honor. This is not only my view. The Chair- readied the necessary regulations for Mr. DURBIN. Mr. President, over the man of the Joint Chiefs, Admiral implementation. Third, that the man- past few months, we have heard a vari- Mullen, has said time and again that ner of implementation is consistent ety of justifications for why now is not this is the right thing to do and that it with the standards of military readi- the time to repeal don’t ask, don’t tell. will not harm our military readiness. ness, effectiveness, unit cohesion, and Opponents of repeal have said that Every member of our armed services recruiting and retention. we should wait for our military leaders should be judged solely on his or her This legislation does not stipulate a to call for change. Well, in the past contribution to the mission. Repealing timeline for this process, but provides year, the Secretary of Defense and the don’t ask, don’t tell will ensure that we a congressional mandate that the pol- Chairman of the Joint Chiefs of Staff—

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22928 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 the two highest-ranking military lead- the current policy, and the harm it fantry, was stop-lossed to be sent back for ers in America—have told us now is the causes. another tour of duty. He had a new wife and time for Congress to act. The plaintiffs are Air Force veterans a young son; he had fulfilled his initial com- We have been told that we should Michael Almy and Anthony Loverde, mitment and wanted to leave the Army to continue his career as a civilian. But our wait for the results of the Pentagon and Navy veteran Jason Knight. Let country’s needs were too great—he was told study on the effects of ending don’t me tell you about these brave men. he had to keep fighting. ask, don’t tell and recommendations MAJ Michael Almy is the son of a Why, in such a time, would we dis- for implementing its repeal. We now West Point graduate and served 13 charge decorated servicemembers who have the results of that study. It con- years in the Air Force. want to serve our Nation? cludes that the risks associated with Major Almy deployed to the Middle The third member in this latest court overturning don’t ask, don’t tell are East several times in the late 1990s, challenge is PO2 Jason Knight. low, with thorough preparation. The helping to enforce the no-fly zones in Petty Officer Knight enlisted in the repeal bill before us provides for just Iraq. He deployed again in 2002 and 2004 Navy in April 2001 and served 5 years. such preparation. to support the invasion of Iraq and its He spent the first 3 of those years as a A survey included in the Pentagon aftermath. member of the elite Navy Ceremonial study shows that a substantial major- Near the end of his 2004 deployment, Guard at Arlington National Cemetery. ity of servicemembers—about 70 per- Major Almy was named the Field He participated in more than 1,500 mili- cent—predict little to no negative ef- Grade Officer of the Year. It was also tary funerals. fects from allowing gay men and les- during this deployment that a member In 2004, Petty Officer Knight realized bians to openly in our military. of his unit found e-mails Major Almy he was gay. He ended his marriage and Rather than listen to our top mili- sent to another man and the discharge informed his commander. tary leaders and rank and file service- process started. He was discharged in April 2005, but members, opponents of repeal now Major Almy’s superiors and subordi- because of an error in the paperwork, want to move the goal posts. After nates provided glowing character ref- he remained eligible for recall. months of exhaustive study and debate, erences during the discharge. Sure enough, Petty Officer Knight they now say they want a survey that This is what one subordinate said— was recalled in 2006, and deployed to asks different questions and to hear Major Almy: Kuwait. During that deployment, he from different leaders. one of the most respected leaders in the served as an openly gay man and re- They say the 103-question survey, 95 squadron thanks to his no nonsense approach ceived high praise from those with forums, and 140 focus groups included to mission accomplishment. whom he served. in the Pentagon study were not suffi- He added: In 2007, responding to a statement by cient to gauge the affects of repeal. I can say without any reservation that GEN Peter Pace, then-Chairman of the Enough with the stalling and block- Major Almy was the best supervisor I have Joint Chiefs of Staff, that he viewed ing. ever had . . . It would be an absolute travesty homosexuality as immoral, Jason The days of don’t ask, don’t tell are to lose such an outstanding officer and supe- Knight wrote a letter to the editor of numbered. This discriminatory policy, rior leader. Stars and Stripes. which is harmful to our Nation’s prin- Even while his discharge was pend- In his letter, Petty Officer Knight ciples and or national defense, will end. ing, Major Almy’s wing commander wrote: The only question is whether Congress recommended his promotion to lieuten- I spent four years in the Navy, buried fall- will act and give military leaders the ant colonel—ahead of his peers. en servicemembers as part of the Ceremonial time they seek to make an orderly None of this was enough to save Guard, served as a Hebrew Linguist in Navy transition, or continue to delay and Major Almy’s career. Despite his exem- Intelligence, and received awards for exem- risk that the federal courts will de- plary record, he was discharged for plary service. However, because I was gay, the Navy discharged me and recouped my mand a more abrupt change. being gay. The second plaintiff, SSG Anthony $13,000 sign-on bonus. Nine months later, the Congress or the courts. That is the Navy recalled me to active duty. Did I accept choice. Loverde, is also a highly decorated vet- despite everything that happened? Of course Secretary Gates warned us as much eran of Operation Iraqi Freedom. He I did, and I would do it again. Because I love at the release of the Pentagon study. had the difficult and job of a C–130 the Navy and I love my country. And despite He said: loadmaster. [General] Pace’s opinion, my shipmates sup- Now that we have completed this review, I During his deployment in 2007, port me. strongly urge the Senate to pass this legisla- Loverde found that he could no longer For writing those words, Jason tion and send it to the president for signa- pretend to be someone he was not. Knight was discharged for a second ture before the end of this year. I believe this Upon returning home, he sent his su- time under don’t ask, don’t tell. is a matter of some urgency because, as we pervisor an email saying he would like The men and women discharged have seen in the past year, the federal courts to continue to serve, but he could not under don’t ask, don’t tell are not ask- are increasingly becoming involved in this do so if it also meant continuing to ing to be treated as a special class. issue. conceal his sexual orientation. That Just the opposite—they are asking to He continued: letter started his discharge. be treated like everyone else. Just a few weeks ago, one lower court rul- One month after his discharge, Ser- Some defenders of the status quo ing forced the department into an abrupt se- geant Loverde received the Air Medal claim that things are working fine ries of changes that were no doubt confusing for ‘‘superior ability in the presence of under don’t ask, don’t tell. How in the and distracting to men and women in the world can anyone say that after hear- ranks. It is only a matter of time before the perilous conditions.’’ federal courts are drawn once more into the But that is not the end of Sergeant ing these stories? fray, with the very real possibility that this Loverde’s story. At a time when our Nation is fight- change would be imposed immediately by ju- Shortly after his discharge, he went ing two wars, honorable men and dicial fiat—by far the most disruptive and to work for a defense contractor and women with proven records of out- damaging scenario I can imagine, and one of headed back to Iraq, this time as an standing service are being forced out of the most hazardous to military morale, read- openly gay man. As a defense con- our military, they are having their ca- iness and battlefield performance. tractor, he shared quarters with serv- reers destroyed, solely because they Just this week, another legal chal- icemembers—without incident. are gay. It is time for Congress to act lenge was filed in federal court by In a letter last year to the Wash- and give our military leaders the time three former servicemembers dis- ington Post, Sergeant Loverde wrote: they need to bring this flawed policy to charged under don’t ask, don’t tell. At the same time I was being discharged, a responsible end. Their stories illustrate once again my younger brother, who served a 15-month We know that some branches and the arbitrary and unjust the nature of tour in Iraq during 2004–05 with the Army in- some members of our armed services

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22929 are more skeptical than others of the tell,’’ the very people who sacrifice the most us in, of cloture votes on this, votes on ability of America’s military to adapt to defend our values are subject to such a various issues that are on the political to a repeal of don’t ask, don’t tell. law. We owe them far more. agenda of the other side—to somehow Lack of complete agreement is no One month before President Tru- think that beginning next January 5 reason to delay. man’s Executive Order, a Gallup poll we will all love one another and We have been here before. In 1948, showed that only one in four American kumbaya? I do not think so. I do not when President Harry Truman signed adults supported ending racial segrega- think so. Executive Order 9981 calling for an end tion in our military. Unfortunately, the majority is using to segregation in the armed forces, he Today, 75 percent of Americans say the lameduck session to push an agen- also created a military advisory com- that gay men and lesbians should be al- da, when the fact is lameduck sessions mittee and charged them with exam- lowed to serve openly. are supposed to be to finish up the ining military rules, procedures, and A majority of our servicemembers work of Congress so the new Congress practices that interfered with equi- and our top military leaders say it is can act on the issues of the day. table treatment of military personnel. time to end the discrimination against The American people have spoken in It was called the President’s Com- gay men and lesbians. what the President of the United mittee on Equality of Treatment and The time for change has come. The States described as a ‘‘shellacking.’’ Opportunities in Armed Forces, but it only question is whether we will act re- Everything we are doing is completely became better known as the Fahy Com- sponsibly and give our military leaders ignoring that message. Maybe it will mittee, after its chairman. the time they are seeking to make this require another election. In March of 1949, the three Service transition. Or will we continue to delay So, for example, I filed two amend- Secretaries testified before the Fahy and let the courts set the timetable? ments I believe are relevant to this Committee. The Secretaries of the Air America is ready to end don’t ask, bill, important to this major change. Force and Navy testified in support of don’t tell. Now it is our turn to take Those will not be in order. President Truman’s executive order. the next step forward and end a policy I have always and consistently stated But Secretary of the Army Kenneth that offends our national principles that I would listen to and fully con- Royall argued in favor of maintaining and harms our national security. sider the advice of our military and our the status quo, saying that the Army The ACTING PRESIDENT pro tem- military leadership. On December 3, was ‘‘not an instrument of social evo- pore. Who yields time? the Committee on Armed Services lution.’’ Mr. MCCAIN. Mr. President, how heard from the Chiefs of our four mili- As it turned out, Secretary Royall much time is remaining on both sides? tary services—the Chiefs of our four was wrong. The U.S. military—and the The ACTING PRESIDENT pro tem- military services. Army in particular—helped lead the pore. The Senator from Arizona has 10 General Amos said: way in creating the vibrant, integrated minutes. The Senator from Illinois has Based on what I know about the very society we know today. 10 minutes 30 seconds. tough fight in Afghanistan, the almost sin- America has the best trained, most Mr. MCCAIN. Well, Mr. President, I gular focus of our combat forces as they professional military in the history of would ask, is it true the parliamentary train up and deploy into theater, the nec- the world. I am confident that our situation as it exists right now is that essary tightly woven culture of those combat military can and will meet the chal- we will be voting on cloture on both forces that we are asking so much of at this time, and, finally, the direct feedback from lenges of ending discrimination based what is known as don’t ask, don’t tell the survey, my recommendation is that we on sexual orientation, just as they and the DREAM Act? should not implement repeal at this time. The ACTING PRESIDENT pro tem- helped lead the way in ending legalized Then he talks about: racial discrimination in the past. pore. The Senator is correct. There will Former Senator Edward Brooke be cloture votes on both of those House Mistakes and inattention or distractions cost Marines’ lives. served in this body for 12 years in the messages. 1960s and 1970s. He was the first Afri- Mr. MCCAIN. Meanwhile, on the Ex- Cost marines’ lives. can-American elected to the U.S. Sen- ecutive Calendar, we have the START [M]arines came back— ate since Reconstruction. treaty? After serving in combat— He remembers well the injustice of The ACTING PRESIDENT pro tem- and they said, ‘‘Look, anything that’s going serving in a segregated Army. He re- pore. That is correct. to break or potentially break that focus and cently wrote an impassioned plea for Mr. MCCAIN. And there are no cause any kind of distraction may have an ending don’t ask, don’t tell. It appeared amendments that are in order on either effect on cohesion.’’ I don’t want to permit in the Boston Globe. I quoted from it the DREAM Act or don’t ask, don’t that opportunity to happen. And I’ll tell you why. If you go up to Bethesda . . . Marines when I spoke on this topic a few days tell, no amendments are in order? are up there with no legs, none. We’ve got ago. I want to do so again, because The ACTING PRESIDENT pro tem- Marines at Walter Reed with no limbs. what he says bears repeating. pore. My understanding is there is no General Casey said: Senator Brooke wrote that don’t ask, place for an amendment on either I believe that the implementation of the don’t tell ‘‘shows disrespect both for measure at this time. repeal of Don’t Ask, Don’t Tell in the near the individuals it targets and for the Mr. MCCAIN. So here we are, about 6 term will, one, add another level of stress to values our military was created to de- weeks after an election that repudiated an already stretched force; two, be more dif- fend.’’ the agenda of the other side, and we ficult in our combat arms units; and, three, He wrote: are jamming, or trying to jam, major be more difficult for the Army than the re- Regardless of its target, prejudice is al- issues through the Senate of the port suggests. ways the same. It finds novel expressions and United States because they know they General Schwartz basically said the capitalizes on new fears. But prejudice is cannot get it done beginning next Jan- same thing. never new and never right. One thing binds uary 5. They cannot do it next January I have heard from thousands—thou- all prejudices together: irrational fear. Dec- 5. The American people have spoken, sands—of Active-Duty and retired mili- ades ago, black servicemembers were the ob- jects of this fear. Many thought that inte- and they are acting in direct repudi- tary personnel. I have heard from grating black and white soldiers would harm ation of the message of the American them, and they are saying: Senator the military and society. Today, we see that people. That is why they are jamming MCCAIN, it isn’t broke, and don’t fix it. segregation itself was the threat to our val- this through. So all of this talk about how it is a ues. My friends, there is a lot of talk civil rights issue and equality, the fact He went on to say: about compromise. There is a lot of is, the military has the highest recruit- We know that laws that elevate one class talk about working together. You ing and highest retention than at any of people over another run counter to Amer- think what this ‘‘bizarro’’ world that other time in its history. So I under- ica’s ideals. Yet due to ‘‘don’t ask, don’t the majority leader has been carrying stand the other side’s argument as to

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22930 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 their social, political agenda. But to make it clear to my colleagues, you said on the floor which are not accu- somehow allege that it has harmed our will not get many chances in the Sen- rate. First, when this bill is signed into military is not justified by the facts. ate in the course of your career to face law, the only people eligible to take I hope everybody recognizes this de- clear votes on the issue of justice. This advantage are those who have been in bate is not about the broader social morning, you will have two—not one the United States for 5 years. Anybody issues that are being discussed in our but two. who comes after 2005 cannot be eligible, society, but what is in the best interest The question is whether the Senate and those who are eligible have 1 year of our national security and our mili- will go on record as a Nation prepared to apply and to pay the $500 fee and tary during the time of war. to stop discrimination based on sexual then they have 5 years under the bill to Now, I am aware this vote will prob- orientation. It is a monumental ques- do one of two things: to serve in our ably pass today in a lameduck session, tion, a question of great moment, and U.S. military and risk their lives for and there will be high-fives all over the a question we should face squarely. America or to finish at least 2 years of liberal bastions of America. We will see There will be a vote, as well, on college. the talk shows tomorrow—a bunch of whether the Senate will stand by thou- What are the odds they are going to people talking about how great it is. sands of children in America who live do those things? I will tell my col- Most of them never have served in the in the shadows and dream of greatness. leagues. Today, about half the Hispanic military or maybe even not even They are children who have been raised youth in America don’t finish high known someone in the military. in this country. They stand in the school. Only 1 out of 20 enters college And, you know, we will repeal it; all classrooms and pledge allegiance to in this status. So the odds are against over America there will be gold stars our flag. They sing our Star Spangled them. But that isn’t the end of it. put up in windows in the rural towns Banner, our national anthem. They be- There is a long list of things they must and communities all over America that lieve in their heart of hearts this is do in order to qualify for the DREAM do not partake in the elite schools that home. This is the only country they Act, including background checks on bar military recruiters from campus, have ever known. All they are asking their moral character and criminal that do not partake in the salons of for is a chance to serve this Nation. records. If they have been convicted of Georgetown and the other liberal bas- That is what the DREAM Act is all a felony, they are ineligible; if they tions around the country. But there about. have been convicted of more than two Last night, Senator BOB MENENDEZ, will be additional sacrifice. I hear that misdemeanors, ineligible. who has been my great ally on this, from master sergeants. I hear that There have been things said on the and I stayed late to speak on the Sen- from junior officers. I hear that from floor by the Senator from Alabama and ate floor. I left and went upstairs, and leaders. others that the Secretary of Homeland there were many of these young people So I am confident that with this re- Security can waive this requirement. who were here in support of the peal our military—the best in the That is not true. It is not true. DREAM Act, who came by my office world—will salute and do the best they I ask unanimous consent to have and we spent a few minutes together. can to carry out the orders of the Com- printed in the RECORD a statement by Some of them have ridden on buses for mander in Chief. That is the nature— the Department of Homeland Security 28 hours from Austin, TX, to be here, to that is the nature—of our military, and which makes it eminently clear she has sit in this gallery, and to pray that 100 I could not be more proud of them in no power, no directive to have any Senators will consider the issue of jus- the performance that they have given power under the DREAM Act to waive tice and stand up for them. us in Iraq and Afghanistan, and before Some have come to the floor today any of these requirements which bar that other conflicts. They will do what and criticized this as a political stunt. those with criminal records, who vio- is asked of them. I wish to tell my friends, I hope you late the law or have a history of ter- But do not think it will not be at understand my sincerity on this issue. rorism or threat to national security. great cost. I will never forget being, I have been working on this issue for 10 There being no objection, the mate- just a few weeks ago, at Kandahar. An years. These people have been waiting rial was ordered to be printed in the Army sergeant major, with five tours for more than 10 years. To say we are RECORD, as follows: in Iraq and Afghanistan, in a forward pushing and rushing a vote—for them, DEPARTMENT OF HOMELAND SECURITY operating base, said: Senator MCCAIN, it can’t come too soon because their DREAM ACT we live together. We sleep together. We lives hang in the balance. MISLEADING CLAIM: The DREAM Act is eat together. Unit cohesion is what I would just say this is not a proce- not limited to children. makes us succeed. dural vote. It is not a political stunt. FACT: The DREAM Act limits applications So I hope when we pass this legisla- We are voting on a bill that has al- to persons who were children when they ar- tion we will understand we are doing ready passed the U.S. House of Rep- rived in the United States (under 16) and are great damage, and we could possibly under age 30 on the date of enactment. resentatives. If it passes on the floor of MISLEADING CLAIM: The DREAM Act and probably—as the Commandant of the Senate, it will become the law of will be funded on the backs of hardworking, the Marine Corps said; and I have been the land with the President’s signa- law-abiding Americans. told by literally thousands of members ture. FACT: The DREAM Act is fully paid for by of the military—harm the battle effec- I thank those who have brought us to applicants without cost to the Federal Gov- tiveness which is so vital to the sur- this moment: the President, who was a ernment. It allows for collection of fees to vival of our young men and women in cosponsor of the DREAM Act when he recover ‘‘the full costs of providing adjudica- the military. served in the Senate; Secretary of Inte- tion and processing services,’’ and requires a Mr. President, I yield the remainder rior Ken Salazar, who is on the floor total of $2,525 in surcharges paid by appli- cants during the process designed to ensure of my time. today, as a former Member of the Sen- that the DREAM Act does not increase di- The ACTING PRESIDENT pro tem- ate. What a great ally you have been, rect federal spending. Not only will the pore. The Senator from Illinois. Ken, throughout this entire debate; DREAM Act cost the government nothing, Mr. DURBIN. Mr. President, how Secretary of Education Arne Duncan; but it will actually reduce the deficit over much time is remaining on this side? Secretary of Homeland Security, Janet the next ten years. Moreover, as conditional The ACTING PRESIDENT pro tem- Napolitano; and especially my friend, nonimmigrants, these individuals are barred pore. There remains 101⁄2 minutes to Senator RICHARD LUGAR of Indiana. from a broad range of federal public benefits the Senator from Illinois. What an extraordinarily courageous as well as federal tax credits to purchase Mr. DURBIN. Mr. President, I rise health insurance in the exchange created by man he has been to join me in cospon- the health care reform bill. today in support of the DREAM Act soring this measure, which is con- MISLEADING CLAIM: The DREAM Act and in support of the repeal of don’t troversial in some places. provides safe harbor for any alien, including ask, don’t tell. I will focus my remarks What will this bill do? Let me make criminals, from being removed or deported if on the DREAM Act, but I want to clear some of the things that have been they simply submit an application.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22931 FACT: Only individuals who can show that duce deficits by approximately $2.2 billion ther subject to grounds of inadmissibility they are prima facie eligible for cancellation over the next ten years. But that figure (found at INA section 212) if they have never of removal and conditional nonimmigrant alone underestimates the enormous benefits been legally admitted to the country, or sub- status are prohibited from being removed. A to taxpayers because the CBO and JCT do ject to grounds of deportability (found at prima facie showing of eligibility is not a not take into account the increased income INA section 237) if the alien was previously modest or low standard of legal proof and that DREAM Act participants will earn due lawfully admitted to the country. At the cannot be satisfied by the alien’s signature. to their legal status and educational attain- time of adjustment of status or seeking an In immigration law it is a much more strin- ment. It is estimated that the average immigration benefit (such as status under gent determination. DREAM Act participant will make $1 million the DREAM Act), an alien is deemed to be an Prima facie eligibility determinations are over his or her lifetime simply by obtaining applicant for admission and subject to the required under the existing provisions gov- legal status, which will bring hundreds of grounds of inadmissibility at INA section 212 erning Temporary Protected Status. USCIS thousands of additional dollars per indi- and would be subject to the waiver authority must make a determination that an appli- vidual for federal, state, and local treasuries. for section 212 grounds. The Secretary would cant is prima facie eligible for TPS under America must increase the proportion of not have authority to apply a waiver of a section 244(a)(4) of the INA and imple- persons who graduate from high school and ground of deportability (under section 237) menting regulations at 8 C.F.R. 244.5. USCIS college in order to remain competitive in the when applying for admission (when subject checks the applicant’s nationality and global economy. The students who benefit to section 212 grounds). verifies identity through biometrics checks. from the DREAM Act will have opportuni- If an individual was previously admitted to The agency also runs fingerprint checks ties to attend college and graduate school the country (i.e.— a visa overstay), when through the FBI and conducts certain back- not otherwise available to them. placed in removal proceedings, the indi- ground checks in relevant systems to deter- MISLEADING CLAIM: The DREAM Act vidual would be subject to grounds of deport- mine whether there is available derogatory does not require that an illegal alien finish ability at INA section 237 and waiver author- criminal or security information that would any type of degree (vocational, two-year, or ity at that time would have to be pursuant call into question the applicant’s eligibility bachelor’s degree) as a condition of amnesty. to INA section 237. A waiver of INA section for TPS, and thus may require further re- FACT: In order to be eligible for the 237(a)(1) would not waive other section 237 view. If this initial identity check of the ap- DREAM Act, a person must already have grounds, which include separate criminal plicant and the background and security completed a GED or have earned a high and security grounds. INA section 237(a)(1) checks raise no immediate concerns about school diploma. In order to satisfy the re- does not waive these other grounds of de- TPS eligibility, the applicant will be consid- quirements of the DREAM Act, an applicant portability. In other words, the individual ered ‘‘prima facie’’ eligible for TPS and pro- must acquire a degree from an institution of would still be subject to the concurrent vided certain ‘‘temporary treatment bene- higher education in the United States or criminal, security, or other applicable fits,’’ such as an employment and travel au- complete at least two years in good stand- grounds of deportability. thorization. ing, or serve in the Armed Forces for at least MISLEADING CLAIM: The DREAM Act al- DREAM Act applicants would be required 2 years without receiving a dishonorable or lows applicants to immediately become per- to undergo a similar process to establish other than honorable discharge. manent residents. prima facie eligibility. MISLEADING CLAIM: Despite their cur- FACT: The DREAM Act does not allow in- MISLEADING CLAIM: Certain inadmis- rent illegal status, DREAM Act aliens will dividuals to become permanent residents im- sible aliens, including those from high-risk be given all the rights that legal immigrants mediately. In fact, they must wait many regions, will be eligible for amnesty under receive—including the legal right to sponsor years before receiving green cards. Under the DREAM act. their parents and extended family members section 8 of the DREAM Act, only persons FACT: The DREAM Act is not an amnesty. for immigration. who have been granted conditional non- No one will automatically receive a green FACT: DREAM Act individuals will not be immigrant status for at least nine years are card. Rather, the DREAM Act requires a dec- able to sponsor family members for perma- eligible to apply become permanent resi- ade-long process for a narrowly tailored nent residency for more than a decade. For dents. Section 8(c) allows persons to apply group of young persons who were brought to the first 10 years of their conditional status, for adjustment to permanent residence one the U.S. years ago as children to resolve DREAM participants would have absolutely year before the 10 year period of conditional their immigration status, thereby allowing no ability to sponsor any family members, nonimmigrant status expires so U.S. Citizen- America to derive the full benefits of their not even spouses or minor children. Only ship and Immigration Service has plenty of talents. The editorial board of the Wall after they have earned permanent resi- opportunity to carefully review applications Street Journal opined on November 27: dency—at the end of that 10-year period— to determine that only those who meet the ‘‘[W]hat is to be gained by holding otherwise would they be able to sponsor their imme- stringent requirements of the Act are ap- law-abiding young people, who had no say in diate family members, spouses and children. proved. coming to this country, responsible for the The spouses and children would have to go to MISLEADING CLAIM: The DREAM Act al- illegal actions of others?’’ the end of the family preference line, like ev- lows individuals to remain in nonimmigrant MISLEADING CLAIM: Certain criminal eryone else, a line that can take many years. status indefinitely. aliens—including drunk drivers—will be eli- Only when an eligible DREAM Act individual FACT: Conditional nonimmigrant status is gible for amnesty under the DREAM act. earns citizenship—after at least 13 years in not indefinite. It can only be granted for two FACT: Any criminal who applies for the conditional and permanent resident status— 5 year periods according to section 7(a) and DREAM Act will only hasten their deporta- would they be able to begin the process of 7(d) of the bill. At the end of the second 5 tion. Anyone who has committed a deport- sponsoring their parents or siblings. But year period, individuals can apply for adjust- able crime and applies for the DREAM Act even then, spouses, children, parents, and ment to permanent residence status. There will have their application denied and will be siblings who entered the U.S. illegally would are no extensions of conditional non- placed in removal proceedings. In addition, have to leave the country for at least 10 immigrant status for individuals who do not the DREAM Act creates a new criminal of- years before they could reenter legally. apply to become permanent residents at the fense punishable by imprisonment of 5 years DREAM Act participants would NEVER be end of the second 5 year extension. Let’s be for anyone who commits fraud on a DREAM able to sponsor extended family members, clear: Individuals who do not apply for ad- Act application. Moreover, all applicants such as grandparents and cousins. justment by the end of the second 5 year pe- must establish that they are persons of good MISLEADING CLAIM: The DREAM Act al- riod will no longer have legal status in the moral character, which is a much higher lows the Secretary to waive all grounds of U.S. standard than that required of other immi- inadmissibility for illegal aliens, including Immigration law generally requires an in- grants becoming permanent residents. criminals and terrorists. dividual to file an application to obtain legal MISLEADING CLAIM: Conservative esti- FACT: The DREAM Act expressly limits status. The DREAM Act requires three such mates suggest that at least 1.3 million illegal the Secretary’s authority to waive grounds filings: the first is for the initial 5 year grant aliens will be eligible for the DREAM act of inadmissibility and deportability. Under of conditional nonimmigrant status; the sec- amnesty. In reality, we have no idea how this bill, the Secretary may only waive ond is for another 5 year extension of condi- many illegal aliens will apply. health related grounds; public charge; sta- tional nonimmigrant status, and the last is FACT: The non-partisan Congressional tus-related immigration violations; or viola- for adjustment of status to permanent resi- Budget Office (CBO) estimates, under the tion of previous immigration status. The dence, starting no earlier than 9 years after DREAM Act, that 700,000 persons would be Secretary cannot waive other grounds of in- the initial grant of conditional non- able to gain conditional non-immigrant sta- admissibility or deportability, including immigrant status. tus at the end of the 10–year conditional resi- criminal and national security related MISLEADING CLAIM: The DREAM Act dency period. grounds. does not require that an illegal alien com- The CBO and the Joint Committee on Tax- Under the structure of the INA, an alien, plete military service as a condition for am- ation (JCT) estimates that the bill will re- when being removed from the country, is ei- nesty, and there is already a legal process in

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22932 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 place for illegal aliens to obtain U.S. citizen- Meet this young man, another who is worth the political risk. I am pre- ship through military service. would benefit from the DREAM Act. pared to stand, they said, and vote for FACT: The DREAM Act has been strongly His name is Minchul Suk. This is an civil rights for African Americans, embraced by the military as an important amazing story as well. Brought to the civil rights for women, civil rights for element in furthering our nation’s readiness. The DREAM Act is part of the Department United States from South Korea at the the disabled in America. I am prepared of Defense’s 2010–2012 Strategic Plan to assist age of 9, graduated from high school to go back home and face whatever the military in its recruiting efforts. The with a 4.2 GPA, graduated from UCLA comes. DREAM Act streamlines and simplifies the with a degree in microbiology, immu- Most of them have survived quite process by which aliens who wish to serve in nology, and molecular genetics. With well because of their genuineness, their the Armed Forces may gain permanent sta- the help of the community, they raised conviction and their strength and the tus in the United States. enough money for him to finish dental fact that their courage is recognized MISLEADING CLAIM: Current illegal school. He has taken his boards, but he and respected, even if someone dis- aliens will get Federal student loans, Fed- eral work study programs, and other forms cannot become a dentist in America agrees with part of their vote. That is of Federal financial aid. because he is undocumented. Do we what we face today. We face the same FACT: DREAM applicants are expressly need more dentists in America? Yes, we challenge today. I hope my colleagues prohibited from obtaining Pell grants, Fed- do, and we need a man of his quality to on both sides of the aisle will summon eral supplemental educational opportunity serve our Nation. the courage to vote for justice. We grants and other federal grants. DREAM Act I want you to meet this young man don’t get many chances. When it comes beneficiaries would, like all students, be re- too. His name is David Cho. David is a to justice for these young people of the quired to pay back any loans they have in- man you might have seen on television. DREAM Act or justice for those of dif- curred. It is kind of an amazing story. David ferent sexual orientation to serve in Mr. DURBIN. Let me also say I join was brought to the United States at the military, this is our moment in his- my colleague from Alabama in sadness the age of 9, graduated with a 3.9 GPA tory to show our courage. over the loss of a life of a border guard. in high school. He is now a senior at I yield the floor. It is a terrible thing. These men and UCLA and the leader of the marching f women are serving our country, and it band. He wants to serve in the U.S. Air is a tragedy. But can we blame these Force. I say to my friends who stand on RECOGNITION OF THE young people sitting in the galleries the floor and protest their true belief REPUBLICAN LEADER and across America for that, to ques- that the military means so much to us The ACTING PRESIDENT pro tem- tion the border security? I am for bor- as Americans, why would you deny pore. The Republican leader. der security. these young people a chance to serve in Mr. MCCONNELL. Mr. President, we In July, Senator SCHUMER came to the military? That is all I am asking. will soon be voting on two consequen- the floor with Senator MCCAIN and The last story I wish to tell is about tial and contentious matters, the added $600 million more to border secu- a young man from New York: Cesar DREAM Act and repeal of the legisla- rity without any objection from either Vargas. He has an amazing story. He tion concerning the Defense Depart- side of the aisle. Oh, I suppose if we was brought to this country at a very ment’s don’t ask, don’t tell policy. As were playing this game of negotiating, young age and when 9/11 occurred, he our ranking member on one of the two we could have stood and said: No; no was so mad at those who attacked committees of jurisdiction recently more money for border security until America he went down to the Marine made clear, the Democratic majority we get the DREAM Act. We didn’t do it Corps and said: I want to sign up, and in the Senate is again depriving the because we are as dedicated to border they said: You can’t; you are undocu- American people of the right to have security as anyone, and we want to mented. So he continued on and is at- their concerns addressed through de- make sure people have the opportunity tending the New York University Law bate on amendments by depriving the to vote for border security and to also School now. He speaks five languages. minority of its right to offer amend- vote for the DREAM Act. He has had offers from the biggest law ments. Let me ask, at this point, how much firms, for a lot of money. He turned When Democrats were in the minor- time is remaining. them down. His dream, under the ity, my good friend, the majority lead- The ACTING PRESIDENT pro tem- DREAM Act, is to enlist in the Marine er, said: This is a ‘‘very bad practice,’’ pore. There is 5 minutes. Corps and serve in the Judge Advocate and it ‘‘runs against the basic nature of Mr. DURBIN. Five minutes. Thank General Corps. the Senate.’’ In fact, he suggested we you. These are the faces of the DREAM should not shut off debate ‘‘before any I wish to say a few things about the Act, and the people who stand before us amendments had been offered.’’ people who are involved in this. They and try to characterize this as some- With back-to-back blockage of are faceless and nameless until we thing else don’t acknowledge the obvi- amendments on both the DREAM Act bring them to the floor. This is Benita ous. These are young men and women and legislation repealing don’t ask, Veliz. Benita Veliz has an amazing who can make America a better place. don’t tell, the current majority has set story which I wish to share with my I understand this is a difficult vote. a dubious record by denying the minor- colleagues. Benita was brought to the It is a difficult vote for many. As a ity its right to amendment a total of 43 United States by her parents in 1993, matter of fact, I am not asking for just times. Let me say that again. The cur- when she was 8 years old. She grad- a vote for the DREAM Act today. From rent majority has set a dubious record uated valedictorian of her class, re- some of my colleagues I am asking for by denying the minority its right to ceived a full scholarship to St. Mary’s much more. I am asking for what is, in offer amendments a total of 43 times. University in Texas, majoring in biol- effect, an act of political courage. To put that in perspective, in his 4 ogy and sociology. Her honors thesis Many of my colleagues have told me years as the majority leader, Senator was on the DREAM Act. She sent me a they are lying awake at night tossing Frist did this 15 times. The current copy of it. and turning over this vote because you Senate majority in the same amount of What she has asked for, basically, she know how hard it is going to be politi- time has done it three times—three says in these words: I was called to a cally; that some people will try to use times—as often. In fact, the current Cinco de Mayo community celebration it against you. But I would say, if you majority has blocked the minority and asked to sing the national anthems can summon the courage to vote for from offering amendments more often of the United States and Mexico. I the DREAM Act today, you will join than the last six majority leaders com- couldn’t do it. I only knew the words ranks with Senators before you who bined. The current majority has for the American national anthem. I have come to the floor of this Senate blocked the minority from offering am an American. I want to live my and made history with their courage; amendments more often than the last dream. Benita Veliz. who stood and said the cause of justice six majority leaders combined.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22933 The danger of following this practice the Senate is allowed to be the Senate issue as he does this DREAM Act. He is underscored by the flawed process once again. worked on it for more than a decade. used on the very measures before us I yield the floor. He has shed tears while talking to me now. The DREAM Act the Senate will The ACTING PRESIDENT pro tem- about some of the people with whom he vote on today has never had a Senate pore. The majority leader. visits. We saw the emotion he felt here hearing. In fact, it has not had any Mr. REID. Mr. President, I will use today. I so admire and appreciate him Senate committee action in 7 years. leader time. for the work he has done. But, of course, this is a House bill, and I say to the people in the Senate and I am committed to passing the the legislative record there is more the American public, to hear my DREAM Act. As we work toward a sparse still. The House, similar to the friend, the distinguished Republican comprehensive approach to reform our Senate, has never had a legislative leader, talk about our having done country’s broken immigration policy, hearing on the DREAM Act, and it has things procedurally brings a big yawn one thing we can do now is ensure that never had a markup there either. Now to the American people. Everyone the next generation can contribute to the Senate majority is preventing their knows how we have been stymied, our economy and to our society. colleagues from addressing the con- stopped, and stunned by the procedural The DREAM Act applies to a very cerns of the American people by shut- roadblocks of this Republican minor- specific group of talented, motivated ting off the ability to offer any amend- ity. So we are where we are today. No. young people who already call America ments on the floor. 1, we are nearing the end of this con- home. This is their home. It applies So, in sum, there has never been an gressional session. There is a con- only to those who came here at age 15 amendment offered to the DREAM Act tinuing resolution that has been pre- or younger and have been here at least at either the committee or floor stage pared by Senator INOUYE and Senator 5 years. Even then, in order to have a in either House of Congress since Presi- COCHRAN. It has some things I don’t chance at permanent legal residency, dent Bush’s first term. like, but it has been done because we they would have to graduate from high I guess our Democratic colleagues be- have to do this, and we will finish that school, pass strict criminal background lieve this bill is so perfect it doesn’t in the immediate future. checks, and attend college or serve in need any amendments whatsoever— I am going to speak just briefly on the military for at least 2 years. just a few last-minute rewrites during don’t ask, don’t tell. But to suggest I have said on this floor before—but I a lameduck session. I don’t think that there haven’t been adequate hearings will repeat it—when I first became is what the American people believe. on this is simply nonsensical. Senator aware of the problem we had in our In regard to the ill-conceived effort LEVIN has held 2 days of hearings in the country, I was in Smith Valley, NV, an to repeal the military policy on don’t last 30 days. There have been hearings agricultural community in the north- ask, don’t tell, the majority leader has held, reports done by the military. My eastern part of our State. I was a rel- insisted on pressing forward with this Republican friends have said: Well, this atively new Senator. They had gotten effort, despite the fact that the rank- is something we probably should do, all the students there in a very small ing member of the Armed Services but why don’t we have a study by the high school together. I made a presen- Committee has established the need for military and see what the Pentagon tation to them. When I finished, I could additional hearings. The All-Volunteer thinks. They did that. More than 70 tell there was a girl who wanted to Force has had many successes, but has percent of people who have served in talk to me. She was there; I could see this body become so alienated from the the Armed Forces believe it doesn’t her and feel her presence. I knew she enlisted men and women in uniform matter at all. was embarrassed to talk to me, so I that liberal interest groups have more This is exemplified in a story that said, ‘‘Do you want to talk to me?’’ influence over military personnel pol- appears in the Las Vegas Sun news- And she said, ‘‘Yes.’’ She alone said to icy than the senior enlisted leaders of paper today, and I will just read two me: paragraphs from the story: the Army and Marine Corps who were Senator, I am the smartest kid in my denied the opportunity to testify? The Pentagon’s report is done, and it con- class. I have the best grades. But I can’t go This repeal will be rushed through, cluded that repealing the law would do little to college. My parents came here illegally. to affect troop readiness. In fact, most of the What am I supposed to do with my life? despite the fact that it is concerning to troops interviewed for the report indicated those in Army combat arms units, and they didn’t think it would be a problem. The At that time, I didn’t know that this 58 percent of those in Marine Corps majority of them said they had served with brilliant, young, beautiful woman of combat units believe repeal will be someone who they believed to be gay or les- Hispanic origin could not go to college, harmful to unit readiness. Should we bian and it didn’t bother them or affect their but she could not. That is what this is ignore the volunteers charged with the units’ effectiveness. all about. I don’t know where that most difficult missions in our military, Mr. President, listen to this. For ex- young woman is now, whether she has combat with the enemy? I think not. ample, the report quotes a special oper- completed college or whether she Democrats will deny the opportunity ations soldier, who said, ‘‘We have a working in the onion and garlic farms to amend the bill to require the service gay guy in the unit. He’s big, he’s up there—I just don’t know. I have chiefs to certify that this repeal will mean, and he kills lots of bad guys. No thought about that many times. not harm combat readiness, although one cares that he’s gay.’’ That says it When we jeopardize our education, they are responsible for training the all. As Barry Goldwater said, you don’t we jeopardize our economy. The Con- force. Why would anyone oppose this have to be straight to shoot straight. gressional Budget Office found that let- change or even the opportunity to vote Mr. President, the DREAM Act. I ting these men and women contribute on this change? first must say to everybody within the to our society will reduce the deficit by This is harmful during a time of war sound of my voice that I came to Wash- more than $1 billion. A UCLA study and an irresponsible manner in which ington in 1982 to serve in the House of found that the DREAM Act would add to change policies that the Com- Representatives. One of the people who as much as $3.5 trillion to our econ- mandant of the Marine Corps has actu- came in that large Democratic class we omy—that is trillion with a ‘‘t.’’ That ally stated could risk lives. had was DICK DURBIN from Illinois. I comes from the University of Cali- I am going to recommend to my col- have gotten to know him extremely fornia at Los Angeles. This bill is not leagues to heed the advice of my friend well. He is very good. We all know he only the right thing to do, it is also a from Nevada, which he gave a few has the ability to express himself ex- very good investment. years ago, and not vote to shut down tremely well. I have known him for all The Defense Department also knows the debate and amendment process for these 28 years. We have worked very it is good for national security. The these bills, at least until the minority closely together. He is now the assist- Pentagon has said it will help it meet is allowed to offer, debate, and vote on ant leader of the Senate. I have never the recruitment goals of our All-Volun- a limited number of amendments, and known him to feel so strongly about an teer Force. That is why our military

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22934 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 made it part of its 2010 to 2012 strategic CONCLUSION OF MORNING The clerk will call the roll. plan. That is in their plan, the Penta- BUSINESS The legislative clerk called the roll. Mr. DURBIN. I announce that the gon’s plan. The PRESIDING OFFICER (Mr. Senator from West Virginia (Mr. Some Republicans are trying to de- CARDIN). Morning business is closed. monize these young men and women, MANCHIN) is necessarily absent. who love this country and want to con- f Mr. KYL. The following Senators are tribute to it and fight for it. The real REMOVAL CLARIFICATION ACT OF necessarily absent: the Senator from faces of the DREAM Act are the dream- 2010 Kentucky (Mr. BUNNING), the Senator from New Hampshire (Mr. GREGG), and ers. The PRESIDING OFFICER. Under I was welcomed to Washington on the Senator from Utah (Mr. HATCH). the previous order, the Senate will re- Further, if present and voting, the Thursday. There was a beautiful child sume consideration of the House mes- there with a graduation hat on, a four- Senator from Kentucky (Mr. BUNNING) sage to accompany H.R. 5281, which the would have voted ‘‘nay,’’ and the Sen- cornered hat. She was a dreamer. She clerk will report. ator from Utah (Mr. HATCH) would have wants to be able to go to college. That The legislative clerk read as follows: is all she wants. And we have others voted ‘‘nay.’’ Motion to concur in the House amendment The PRESIDING OFFICER. Are there who want to be able to join the mili- to the Senate amendment No. 3 to H.R. 5281, any other Senators in the Chamber de- tary. an act to amend title 28, United States Code, The real faces belong to people such siring to vote? to clarify and improve certain provisions re- The yeas and nays resulted—yeas 55, as Astrid Silva, who wrote to me from lating to the removal of litigation against nays 41, as follows: Nevada to tell me this—and I have vis- Federal officers or agencies to Federal [Rollcall Vote No. 278 Leg.] ited her on many occasions: courts, and for other purposes. YEAS—55 I am 22 and have never even stolen a piece Pending: of gum from a 7–11; yet, I feel as though my Reid motion to concur in the amendment Akaka Franken Murkowski Bayh Gillibrand Murray forehead says ‘‘felon.’’ of the House to the amendment of the Senate Begich Harkin Nelson (FL) Ricardo Cornejo wrote to me from No. 3 to the bill. Bennet Inouye Reed Las Vegas to tell me that young men Reid motion to concur in the amendment Bennett Johnson Reid like him ‘‘would love to fight and give of the House to the amendment of the Senate Bingaman Kerry Rockefeller No. 3 to the bill, with Reid amendment No. Boxer Klobuchar our entire lives for our country.’’ Sanders 4822 (to the House amendment to the Senate Brown (OH) Kohl Schumer Cantwell Landrieu Opponents use the word ‘‘amnesty,’’ amendment No. 3), to change the enactment Shaheen Cardin Lautenberg hoping to trick people into thinking Specter date. Carper Leahy Stabenow this bill is something it is not. They Reid amendment No. 4823 (to amendment Casey Levin are trying to play to people’s worst No. 4822), of a perfecting nature. Conrad Lieberman Udall (CO) fears. Reid motion to refer the message of the Coons Lincoln Udall (NM) Warner One Senator said in the presence of House on the bill to the Committee on the Dodd Lugar Dorgan McCaskill Webb one of these dreamers that he could not Judiciary, with instructions, Reid amend- ment No. 4824, to provide for a study. Durbin Menendez Whitehouse Wyden vote for it because that law said one Reid amendment No. 4825 (to (the instruc- Feingold Merkley Feinstein Mikulski didn’t need to serve. All you need to do tions) amendment No. 4824), to change the is sign up. I say to this U.S. Senator enactment date. NAYS—41 and anyone else suggesting such an ab- Reid amendment No. 4826 (to amendment Alexander DeMint McConnell surdity: Read the bill. It takes 2 years No. 4825), of a perfecting nature. Barrasso Ensign Nelson (NE) Baucus Enzi of service in the military. It will be CLOTURE MOTION Pryor Bond Graham Risch longer than 2 years because you have The PRESIDING OFFICER. Pursuant Brown (MA) Grassley Roberts to sign up for more than 2 years. We to rule XXII, the clerk will report the Brownback Hagan Sessions certainly get our money’s worth in motion to invoke cloture. Burr Hutchison Shelby Chambliss Inhofe Snowe that regard. The DREAM Act could not The legislative clerk read as follows: Coburn Isakson Tester be further from amnesty. It is an op- Cochran Johanns CLOTURE MOTION Thune Collins Kirk portunity that gives nothing for free We, the undersigned Senators, in accord- Vitter and demands a great deal of those who Corker Kyl ance with the provisions of rule XXII of the Cornyn LeMieux Voinovich earn legal residency. It is not granting Standing Rules of the Senate, hereby move Crapo McCain Wicker citizenship immediately; it puts them to bring to a close debate on the motion to NOT VOTING—4 on the pathway to citizenship. It gives concur in the House amendment to the Sen- ate amendment No. 3 to H.R. 5281, the Re- Bunning Hatch nobody incentives to break the law but Gregg Manchin to contribute to our Nation and its moval Clarification Act [DREAM Act]. Joseph I. Lieberman, John D. Rocke- The PRESIDING OFFICER. Are there economy. feller, IV, Byron L. Dorgan, Sheldon When it passes—Mr. President, I hope any other Senators in the Chamber Whitehouse, Jack Reed, Robert Menen- who wish to vote or change their vote? it passes, as my friend Senator DURBIN dez, Mark Begich, Benjamin L. Cardin, The Chair reminds the galleries that said today, but it is going to pass—mil- Bill Nelson, Michael F. Bennet, Amy expressions of approval or disapproval lions of children who grew up in Amer- Klobuchar, Patty Murray, Barbara A. are not permitted. ica as Americans will be able to get the Mikulski, Christopher J. Dodd, Richard J. Durbin, John F. Kerry On this vote, the yeas are 55, the education they need to contribute to nays are 41. Three-fifths of the Sen- our economy. Many who have volun- The PRESIDING OFFICER. By unan- ators duly chosen and sworn not having teered to defend our country will no imous consent, the mandatory quorum voted in the affirmative, the motion is longer have to fear being deported. call has been waived. rejected. Democrats know this is good policy. The question is, Is it the sense of the Mr. KYL. Mr. President, I move to Republicans know it too. That is why Senate that debate on the motion to reconsider the vote. Senator ORRIN HATCH coauthored it 10 concur in the House amendment to the Mr. SESSIONS. I move to lay that years ago, and that is why the Wall Senate amendment to H.R. 5281, an act motion on the table. Street Journal’s very conservative edi- to amend title 28, United States Code, The motion to lay on the table was torial board called it a worthy immi- clarifying and improving certain provi- agreed to. gration bill within the last few weeks. sions relating to the removal of litiga- Mr. GRASSLEY. Mr. President, I The only question is whether we will tion against Federal officers or agen- would like to take a moment to discuss let good policy inform our votes or let cies to Federal courts, and for other my vote today against ending debate partisan politics get in the way of so purposes, shall be brought to a close? on the Dream Act, a bill that would many futures—not just of these chil- The yeas and nays are mandatory provide legal status to millions of peo- dren but our own. under the rule. ple in this country who are illegally

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22935 present. Before I discuss the substance tion problems we have. We need true fectiveness, unit cohesion, and military of the bill, I want to express my frus- reform of our immigration laws, start- morale. It is time to right a wrong and tration on the process of how this bill ing with border security and enforce- put the military in line with the best was brought to the floor for a vote. ment of the laws already on the books. of American values. This bill has been around for nearly 10 We need to consider changes to our The PRESIDING OFFICER. The Sen- years. In 2003, the Senate Judiciary legal immigration system, including ator from Arizona. Committee considered and debated the expanding or improving visa programs, Mr. MCCAIN. Today is a very sad bill, and voted to send it to the full to make sure people are incentivized to day. The Commandant of the U.S. Ma- Senate for consideration. It didn’t pass come in legally rather than illegally. rine Corps says: When your life hangs at that time, and since then, not one These reforms will make the system on the line, you don’t want anything hearing has taken place on the legisla- better for future generations because a distracting. Mistakes and inattention tion. short term amnesty program as pro- and distractions cost marines’ lives. I The bill we considered today was the posed by the Dream Act—doesn’t solve don’t want to permit that opportunity sixth version of the Dream Act that we the underlying problem. to happen and I will tell you why. You have seen in the last 2 months. Five of I voted against ending debate today the six versions were introduced and go up to Bethesda Naval Hospital, ma- because I believe this bill required seri- rines are up there with no legs, none. immediately put on the calendar, by- ous deliberation. I thought we deserved passing the committee process. The Ju- We have marines in Walter Reed with to have amendments considered. It is no limbs. diciary Committee, of which I am a unfortunate that the majority at- CLOTURE MOTION member, didn’t have the opportunity tempted to push this bill through at to debate it or make it better. Instead, the final hour, circumventing the The PRESIDING OFFICER. The clo- the full Senate was asked to consider democratic process that allows for ture motion having been presented the bill as written, without the ability amendments and serious debate on an under rule XXII, the Chair directs the to amend it. You see, the majority issue that would dramatically under- clerk to read the motion. leader used his ability to block all mine our rule of law. The legislative clerk read as follows: amendments through a process known CLOTURE MOTION as ‘‘filling the tree.’’ This procedure f means that no amendments could be in SBIR/STTR REAUTHORIZATION ACT We, the undersigned Senators, in accord- order. No improvements could have ance with the provisions of rule XXII of the OF 1999—RESUMED Standing Rules of the Senate, hereby move been made. The democratic process was Pending: to bring to a close debate on the motion to effectively blocked. Reid motion to concur in the amendment concur in the House amendment to the Sen- Now, allow me to express some con- of the House to the amendment of the Senate ate amendment to H.R. 2965, the SBIR/STTR cerns that I have had about this to the bill. Reauthorization Act. version of the bill. The Dream Act Reid motion to concur in the amendment Joseph I. Lieberman, Barbara Boxer, Ron would legalize an unlimited number of of the House to the amendment of the Senate Wyden, Michael F. Bennet, Robert people who are here illegally, including to the bill, with Reid amendment No. 4827 (to Menendez, Robert P. Casey, Jr., Frank the relatives of the alien that applies. the House amendment to the Senate amend- R. Lautenberg, Debbie Stabenow, Mark It would put millions of individuals not ment), to change the enactment date. R. Warner, Tom Udall, Jeff Merkley, Benjamin L. Cardin, Amy Klobuchar, just young people on a path to citizen- Reid amendment No. 4828 (to amendment No. 4827), to change the enactment date. Christopher J. Dodd, Tom Carper, Al ship. The bill also leaves the door open Reid motion to refer the message of the Franken. to more fraud and abuse of our immi- House on the bill to the Committee on The PRESIDING OFFICER. By unan- gration system. It leaves a lot of dis- Armed Services, with instructions, Reid cretion to the Secretary of Homeland amendment No. 4829, to provide for a study. imous consent, the mandatory quorum Security, including authority to waive Reid amendment No. 4830 (to (the instruc- call has been waived. bars of inadmissibility. This latest tions) amendment No. 4829), of a perfecting The question is, Is it the sense of the version of this legislation provides very nature. Senate that debate on the motion to Reid amendment No. 4831 (to amendment concur in the House amendment to the few assurances that criminal aliens No. 4830), of a perfecting nature. would be barred from applying. The Senate amendment to H.R. 2965, the Dream Act, according to the Congres- The PRESIDING OFFICER. Under SBIR/STTR Reauthorization Act, shall sional Budget Office has a $5 billion the previous order, there will now be 2 be brought to a close? price tag, and could require hard-work- minutes of debate, equally divided. The The yeas and nays are mandatory ing Americans to foot the bill for this Senate will be in order. The Senator under the rule. amnesty program. The bill fails to re- from Connecticut is recognized. The clerk will call the roll. Mr. LIEBERMAN. Mr. President, I quire individuals to graduate from col- The bill clerk called the roll. rise to ask my colleagues on both sides lege or to complete their military serv- Mr. DURBIN. I announce that the ice, even though proponents claim that of the political aisle to support this cloture motion. The fact is that remov- Senator from West Virginia (Mr. this is the sole mission of the bill. Fi- MANCHIN) is necessarily absent. nally, one of the most alarming provi- ing a form of legalized discrimination from our books, allowing people to I further announce that if present sions of the bill allows aliens who and voting, the Senator from West Vir- apply, no matter how frivolous their serve our military regardless of sexual orientation, is not a liberal or conserv- ginia (Mr. MANCHIN) would vote ‘‘nay.’’ claim, to be granted safe harbor from Mr. KYL. The following Senators are enforcement officials by prohibiting ative idea; it is not a Republican or necessarily absent: the Senator from the Secretary of Homeland Security Democratic idea; it is an American Kentucky (Mr. BUNNING), the Senator from removing an alien who has a idea consistent with American values. from New Hampshire (Mr. GREGG), and pending application. We have come to a point in our history, I agree that we should take a hard I hope, where neither race nor religion, the Senator from Utah (Mr. HATCH). look at protecting the youth who are ethnicity nor gender nor sexual ori- Further, if present and voting, the forced to come here illegally, unaware entation should deprive Americans of Senator from Utah (Mr. HATCH) would of the consequences. However, we also serving our country as the patriots have voted ‘‘nay,’’ and the Senator need to be conscious of those people that they are. This measure would ac- from Kentucky (Mr. BUNNING) would standing in line, all around the world, complish that result in an orderly way have voted ‘‘nay.’’ who follow the law and wait their turn to be determined by the leaders of our The PRESIDING OFFICER. Are there to come here legally. This bill just military when they decide that the any other Senators in the Chamber de- wouldn’t be fair to those people. military is ready to implement the siring to vote? Congress and this administration change, repeal don’t ask, don’t tell, The yeas and nays resulted—yeas 63, must come to terms with the immigra- without negative effect on military ef- nays 33, as follows:

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22936 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 [Rollcall Vote No. 279 Leg.] let me say that every Senator should Diaz, and urge my colleagues to ap- YEAS—63 feel comfortable voting to confirm this prove this nomination. The Fourth Cir- Akaka Franken Murray excellent judge to the Federal bench. I cuit has suffered for some time under Baucus Gillibrand Nelson (NE) have no doubt that as the first His- partisan politics. Good nominees have Bayh Hagan Nelson (FL) panic judge on the Fourth Circuit, he fallen by the wayside, and that time Begich Harkin Pryor Bennet Inouye Reed will serve our Nation with distinction. needs to stop. Bingaman Johnson Reid The senior Senator from North Caro- Judge Diaz is immensely qualified for Boxer Kerry Rockefeller lina, Mr. BURR, also strongly supports this position and will serve well on the Brown (MA) Kirk Sanders Brown (OH) Klobuchar Schumer Judge Diaz. I wish to thank him for his court. He has proven himself already Cantwell Kohl Shaheen work on this nomination. by earning a reputation as a fair and Cardin Landrieu Snowe I wish also to thank the chairman of impartial judge, and also for dedicated Carper Lautenberg Specter the Judiciary Committee for his tire- public service in the Marines and his Casey Leahy Stabenow Collins Levin Tester less work to confirm so many des- community. Conrad Lieberman Udall (CO) perately needed judges, including After the treatment of some of the Coons Lincoln Udall (NM) Judge Diaz. Judge Diaz will make an nominees for the Fourth Circuit and Dodd McCaskill Voinovich Dorgan Menendez Warner outstanding addition to the Fourth what they were subjected to, I am im- Durbin Merkley Webb Circuit. I would urge all of my col- pressed that we still have high caliber Feingold Mikulski Whitehouse leagues to support his nomination. nominees such as Judge Albert Diaz Feinstein Murkowski Wyden I yield the floor. who would step forward to go through NAYS—33 Mr. LEAHY. Mr. President, today the the nomination process. Alexander Crapo LeMieux Senate will finally consider two judi- It is a proud day that Judge Diaz is Barrasso DeMint Lugar cial nominations that have been stalled getting the vote that so many never Bennett Ensign McCain for months on the Executive Calendar did. I urge my colleagues to vote in Bond Enzi McConnell Brownback Graham Risch after being reported unanimously by favor of this nomination and get this Burr Grassley Roberts the Judiciary Committee. good man on the Fourth Circuit. Chambliss Hutchison Sessions The first nomination is Albert Diaz I yield the floor. Coburn Inhofe Shelby of North Carolina, who was nominated Cochran Isakson Thune The PRESIDING OFFICER (Mr. Corker Johanns Vitter in November 2009 to fill a judicial LEAHY.) All time has expired. Cornyn Kyl Wicker emergency vacancy on the Fourth Cir- The question is, Will the Senate ad- NOT VOTING—4 cuit. His Republican home State sen- vise and consent to the nomination of Bunning Hatch ator, Senator BURR, asked nearly a Albert Diaz to be U.S. Circuit Judge for Gregg Manchin year ago that the Judiciary Committee the Fourth Circuit? The PRESIDING OFFICER. On this ‘‘look for an expedited review and re- The nomination was confirmed. vote, the yeas are 63, the nays are 33. ferral to the full Senate so that that f deficiency on the fourth circuit can be Three-fifths of the Senators duly cho- NOMINATION OF ELLEN LIPTON filled.’’ We did and the Judiciary Com- sen and sworn having voted in the af- HOLLANDER TO BE UNITED mittee reported his nomination after firmative, the motion is agreed to. Clo- STATES DISTRICT JUDGE FOR unanimous rollcall vote—19 to 0—on ture having been invoked, the motion THE DISTRICT OF MARYLAND to refer falls. January 28, nearly 11 months ago. There has been no explanation for the The PRESIDING OFFICER. Under f lengthy delays preventing final consid- the previous order, there will be 2 min- EXECUTIVE SESSION eration of his nomination. utes of debate on the Hollander nomi- Judge Albert Diaz is a respected and nation. experienced North Carolina jurist who The Senator from Maryland. NOMINATION OF ALBERT DIAZ TO served in the Armed Forces. Mr. CARDIN. Mr. President, I am BE UNITED STATES CIRCUIT He has the support of both his home pleased to rise today in support of the JUDGE FOR THE FOURTH CIR- State Senators, Senator HAGAN and confirmation of two judicial confirma- CUIT Senator BURR. The ABA Standing Com- tions pending before the Senate from The PRESIDING OFFICER. Under mittee on the Federal Judiciary rated my home State of Maryland. Both the previous order, the Senate will re- him unanimously ‘‘well qualified’’, and James Bredar and Ellen Hollander have sume executive session to consider the the North Carolina Bar Association has been nominated by the President to be following nomination which the clerk urged us to confirm him. When he is U.S. district judges for the District of will report. confirmed today, Judge Diaz will be Maryland. The bill clerk read the nomination of the first Latino to sit on the Fourth I was pleased to work with our senior Albert Diaz, of North Carolina, to be Circuit. I congratulate Judge Diaz and Senator, Ms. MIKULSKI, to recommend United States Circuit Court Judge for his family on his confirmation. these nominations to the President the Fourth Circuit. In addition to Judge Diaz, there are last year. I chaired their confirmation The PRESIDING OFFICER. Under six more superbly qualified consensus hearing in May of this year before the the previous order, there will now be 2 circuit court nominees ready for con- Judiciary Committee, on which I serve. minutes of debate equally divided. The sideration by the Senate, four of them These two judges were approved by a Chair recognizes the Senator from for judicial emergency vacancies. Five voice vote in the Judiciary Committee Vermont. of these were reported unanimously, in June. Mr. LEAHY. Mr. President, I yield and another was reported with the sup- Judge Ellen Hollander currently my time to the Senator from North port of 17 of the 19 Senators on the Ju- serves as a judge on the Maryland Carolina. diciary Committee. I predict all six Court of Special Appeals, Maryland’s The PRESIDING OFFICER. The Sen- would be confirmed with strong bipar- second highest court, which hears man- ator from North Carolina is recognized. tisan support, and I hope all six can get datory appeals from our State trial Mrs. HAGAN. Mr. President, I am up-or-down votes before the Senate ad- courts in Maryland. thrilled that after 11 months on the Ex- journs. She has served as a judge on that ecutive Calendar, we are finally voting I yield the floor. court since 1994. Judge Hollander to confirm Judge Albert Diaz to the The PRESIDING OFFICER. The Sen- comes to the Senate with an impres- Fourth Circuit Court of Appeals. I have ator from North Carolina is recognized. sive amount of experience in Federal spoken about Judge Diaz’s qualifica- Mr. BURR. Mr. President, I join my and State court. She served as a Fed- tions a number of times here on the colleague from North Carolina in prais- eral prosecutor in Maryland for 4 floor, so I will not list them again. But ing the nomination of Judge Albert years, served as a State circuit court

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22937 judge in Baltimore City for 5 years, and bringing forward the nominations that I congratulate Judge Hollander and has served as a State appellate court we strongly support, the two of us. her family on her confirmation today. judge for 16 years. As a State trial I would yield the time to the senior The PRESIDING OFFICER. The court judge, she heard thousands of Senator from Maryland. clerk will report the nomination. criminal and civil cases—hundreds of The PRESIDING OFFICER. The Sen- The bill clerk read the nomination of which went to verdict or final judg- ator from Maryland. Ellen Lipton Hollander, of Maryland, ment—and handled both jury trials and Ms. MIKULSKI. Mr. President, it is to be United States District Judge for bench trials. As an appellate judge, she with great pleasure that Senator the District of Maryland. has authored over 1,000 opinions. CARDIN and I bring to the Senate Judge The PRESIDING OFFICER. The The American Bar Association’s Ellen Hollander, an outstanding question is, Will the Senate advise and Standing Committee on the Federal woman who is currently a member of consent to the nomination of Ellen Judiciary evaluated Judge Hollander’s the Maryland Court of Special Appeals; Lipton Hollander, of Maryland, to be nomination and rated her unanimously has been deemed qualified, very quali- U.S. District Court Judge for the Dis- ‘‘well qualified,’’ the highest possible fied by the Maryland Bar, and every trict of Maryland. rating. specialized bar in the State of Mary- Mr. SESSIONS. Mr. President, I ask Judge Hollander, really exemplifies land. for the yeas and nays. the spirit of public service. She is well She brings a sense of judicial tem- The PRESIDING OFFICER. The yeas known by lawyers and jurors alike in perament, great judicial competence, and nays have been requested. Maryland for her meticulous reasoning and a commitment to impartial jus- Is there a sufficient second? process and well-crafted legal opinions. tice. She will be a great addition to the There appears to be a sufficient sec- She really is a model of a fair and im- Federal bench in Maryland and to the ond. partial judge who will dispense equal Federal bench of the United States. The clerk will call the roll. justice under the law. I know Judge She does not live in an ivory tower. The legislative clerk called the roll. Hollander has also supported efforts to Her work on boards and commissions Mr. DURBIN. I announce that the reduce recidivism and is a strong sup- in the nonprofit areas shows a keen in- Senator from Louisiana (Ms. LAN- porter of our drug treatment courts volvement in civic affairs. I urge that DRIEU) and the Senator from West Vir- and juvenile diversion programs. we adopt the nomination of Judge Hol- ginia (Mr. MANCHIN) are necessarily ab- Judge Jim Bredar also comes to the lander. I would hope that we could do sent. Senate with a wide range of courtroom it by voice. Mr. KYL. The following Senators are and litigation experience. He served as Mr. LEAHY. Mr. President, we will necessarily absent: the Senator from a Federal prosecutor in Colorado for 4 now finally have a vote on the nomina- Kentucky (Mr. BUNNING), the Senator years before coming to Maryland and tion of Ellen L. Hollander to serve on from New Hampshire (Mr. GREGG), and serving as a Federal public defender for the U.S. District Court for the District the Senator from Utah (Mr. HATCH). 6 years. Since 1998, he has served as a of Maryland. Her nomination has been Further, if present and voting, the U.S. magistrate judge for U.S. District pending on the Senate’s Executive Cal- Senator from Kentucky (Mr. BUNNING) Court for the District of Maryland, endar since the Judicial Committee re- would have voted ‘‘yea’’ and the Sen- where he works closely with our judges ported it unanimously on June 10, ator from Utah (Mr. HATCH) would have of the U.S. District Court for the Dis- more than 6 months ago. Judge Hol- voted ‘‘yea.’’ trict of Maryland. He conducts prelimi- lander, a well-respected Maryland The PRESIDING OFFICER (Mr. nary proceedings in felony cases, all State judge for the last 16 years, was CARDIN). Are there any other Senators proceedings in petty offense cases, and unanimously rated ‘‘well qualified’’ by in the Chamber desiring to vote? all proceedings in misdemeanor and the ABA Standing Committee on the The result was announced—yeas 95, civil matters upon the consent of the Federal Judiciary and has the strong nays 0, as follows: parties. Judge Bredar has conducted support of both of her home State Sen- [Rollcall Vote No. 280 Ex.] over 700 mediation and settlement con- ators, Senator MIKULSKI and Senator YEAS—95 ferences in civil cases. CARDIN. Akaka Ensign Merkley Judge Bredar has been a member of After the confirmations today, 30 Alexander Enzi Mikulski the Maryland Bar since 1995. The Federal circuit and district court Barrasso Feingold Murkowski nominations favorably reported by the Baucus Feinstein Murray American Bar Association’s Standing Bayh Franken Judiciary Committee remain ready for Nelson (NE) Committee on the Federal Judiciary Begich Gillibrand Nelson (FL) evaluated Judge Bredar’s nomination final vote. These include 21 nomina- Bennet Graham Pryor and rated him unanimously ‘‘well tions reported unanimously and an- Bennett Grassley Reed Bingaman Hagan qualified,’’ the highest possible rating. other 3 reported with strong bipartisan Reid Bond Harkin Risch With Judge Bredar, I see a nominee support and only a small number of Boxer Hutchison Roberts Brown (MA) Inhofe who is genuinely concerned about ‘‘no’’ votes. These 24 nominations Rockefeller Brown (OH) Inouye broadening the access to justice of should have been confirmed within Sanders Brownback Isakson Schumer Americans to their courts. He believes days of being reported. Burr Johanns Sessions that we can do better with both our In addition, 17 nominations ready for Cantwell Johnson Shaheen criminal and civil justice systems. I action on the Senate calendar are to Cardin Kerry Carper Kirk Shelby know of Judge’s Bredar work as a me- fill judicial emergency vacancies. With Casey Klobuchar Snowe diator in our Federal court’s alter- judicial vacancies at historic highs, we Chambliss Kohl Specter native dispute resolution program, should act on these nominations. We Coburn Kyl Stabenow Tester which has received high praise from should do as we did during President Cochran Lautenberg Collins Leahy Thune Maryland lawyers and litigants alike. Bush’s first 2 years in office, when the Conrad LeMieux Udall (CO) The people of Maryland will be well Senate with a Democratic majority Coons Levin Udall (NM) served by having Judge Bredar and had up-or-down votes on all 100 judicial Corker Lieberman Vitter Cornyn Lincoln Voinovich Judge Hollander on the Federal bench nominations favorably reported by the Crapo Lugar Warner in Baltimore. I look forward to the Judiciary Committee. That included DeMint McCain Webb Senate confirming these two out- controversial circuit court nomina- Dodd McCaskill Whitehouse standing nominations. tions reported during the lameduck Dorgan McConnell Wicker Durbin Menendez Wyden We are extremely pleased that we are session in 2002. In contrast, during this now getting a chance to vote on the first Congress of President Obama’s ad- NOT VOTING—5 confirmation of Judge Hollander to the ministration, the Senate has consid- Bunning Hatch Manchin Maryland District Court. Senator MI- ered just 49 of the 80 nominations re- Gregg Landrieu KULSKI has taken the leadership in ported by the Judiciary Committee. The nomination was confirmed.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22938 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 The PRESIDING OFFICER. Under did not want to talk about the don’t Mrs. MURRAY. That is correct. The the previous order, the motions to re- ask, don’t tell, then we would be on the Senator is correct. I am merely asking consider are considered made and laid McCain-Barrasso amendment, and that for—— upon the table. debate would conclude before 3 o’clock, The PRESIDING OFFICER. The time The President will be immediately and then the vote on the McCain-Bar- will be equally divided between now notified of the Senate’s action. rasso amendment would follow the vote and 3 o’clock, and the Senators may f on the don’t ask, don’t tell. speak on either subject. Mr. REID. I think that is totally ap- Mr. MCCAIN. I thank the Chair. LEGISLATIVE SESSION propriate. I would just add and say to The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- my friend while the Chair is consid- objection, it is so ordered. ate will resume legislative session. ering the consent request, one of the The Senator from Washington is rec- f reasons we were able to get this agree- ognized. ment is we have worked pretty hard in Mrs. MURRAY. Thank you, Mr. SBIR/STTR REAUTHORIZATION ACT the last few days, and people felt we President. OF 1999—Continued should have the afternoon off after we Mr. President, I come to the floor The PRESIDING OFFICER. The ma- finish this information. As far as I am this afternoon to speak and join in the jority leader is recognized. concerned, I will be in my office. If peo- effort to repeal don’t ask, don’t tell. Mr. REID. Mr. President, all consent ple want more time, that is fine. But This policy has failed in its intended agreements that I have been involved that was one of the conditions that goals. It has done a tremendous dis- in over the years have been imperfect, some people wanted on your side, and service to the men and women who but this is the best we could do. I think that is fine with me. want nothing more than to defend our it is a pretty good one. We will come in about midday tomor- country, and it is time for this policy I ask unanimous consent that at 3 row to resume consideration of the to go. I want to begin this afternoon by p.m. today all postcloture time be con- START treaty. talking about a true hero from my sidered expired and the Reid motion to Mr. KERRY. Mr. President, reserving home State of Washington named Mar- concur with amendments be with- the right to object, and I will not. garet Witt. drawn; that no further amendments or The PRESIDING OFFICER. The Sen- She joined the Air Force in 1987 and motions be in order, and without fur- ator from Massachusetts. served honorably for 18 years as a ther intervening action or debate the Mr. KERRY. Mr. President, so I now flight nurse—rising to the rank of Senate proceed to vote on the Reid mo- understand that we now have a revised major. She was described in reviews tion to concur in the House amend- request, which is that between now and and by her peers as being an exemplary ment to the Senate amendment on the hour of 3 o’clock, there will be an officer, an effective leader, and a H.R. 2965; that upon disposition of the opportunity for Senators to speak ei- skilled and caring nurse. House message, the Senate then re- ther on the amendment or on don’t But in 2004 her superiors discovered sume executive session and the START ask, don’t tell, and following the vote she was a lesbian and, acting under treaty and there be 4 minutes of debate at 3 o’clock on don’t ask, don’t tell, don’t ask, don’t tell policy they sus- prior to a vote in relation to the there would then be a vote on the pended and ultimately discharged her. McCain amendment, No. 4814, with the McCain amendment. Is that correct? I Margaret lost the job she had given her time equally divided and controlled be- agree with that. life to, and our country lost a talented tween Senators KERRY and MCCAIN or Mr. MCCAIN. Is that agreeable to the and committed flight nurse. their designees; that upon disposition manager? She did not give up. She went to of the McCain amendment, Senator Mr. KERRY. I think that makes court. She called witnesses. She made RISCH be recognized to offer an amend- sense. her case. In September of this year, ment, with any debate time prior to Mr. REID. I would ask, Mr. Presi- U.S. District Judge Ronald Leighton disposition of the House message with dent, that the request be modified to ruled that she must be reinstated. respect to H.R. 2965 equally divided and the effect here as has been indicated. Judge Leighton said the government The PRESIDING OFFICER. Is there controlled between the leaders or their gave no compelling reason for dis- objection? designees. missing Major Witt, and that the appli- Without objection, it is so ordered. The PRESIDING OFFICER. Is there cation of don’t ask, don’t tell was not The request is agreed to. objection? The Senator from Washington. shown to further the government’s in- Mr. MCCAIN. Mr. President, reserv- Mrs. MURRAY. Thank you, Mr. terest in promoting military readiness. ing the right to object, and I will ob- President. That was the right decision, and it ject, 4 minutes is not adequate for my Mr. President, I come to the floor was amazing news for Major Witt. She amendment. There are a couple of today—and before I speak, I ask unani- is now working with disabled veterans speakers, including the cosponsor, Sen- mous consent that Senator BOXER of in Spokane, WA, but she says she is ex- ator BARRASSO. California be the next Democratic Sen- cited to get back in the air and back to Mr. REID. Mr. President, I say ator speaking after I conclude and Sen- helping the troops who need her. through the Chair to my friend, the ator HUTCHISON has concluded on the Major Witt is a true hero. Her com- Senator from Arizona, I agree. So tell Republican side. mitment to our country should be rec- me what time you think would be ap- Mr. MCCAIN. Mr. President, I reserve ognized and honored. But she should propriate. It does not matter. the right to object. What is the pending never have been put in this position. Mr. KYL. Mr. President, might I join business before the Senate? She has the skills, the experience, and in this colloquy? The PRESIDING OFFICER. The the commitment to do her job. The fact I do not think there needs to be any pending business is the motion to con- that she is a lesbian does not change reference to time for debate. If I could cur on H.R. 2965. That is the pending that one bit. just make a brief statement, I think business. As I understand the request There are so many reasons to repeal the purpose for this unanimous consent from the Senator from Washington, on don’t ask, don’t tell and to do it now. agreement was to allow Members, by the Democratic side Senator BOXER This policy destroys lives. We have all unanimous consent, to speak as in will be the next Democrat recognized. heard stories like Margaret’s. There morning business on the don’t ask, Mrs. MURRAY. Following the Repub- are thousands like it, and for every one don’t tell bill prior to a vote on that lican speaker. we hear there are so many more who at—— Mr. MCCAIN. Maybe I am wrong, but suffer silently, whose lives and liveli- Mr. REID. At 3 o’clock. I thought the time would be either on hoods are devastated—not because of Mr. KYL. At 3 o’clock, but that we the don’t ask, don’t tell or the START something they did but because of who would be on the treaty, and if people treaty. they are: men and women who are

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22939 kicked out of the military or who are Today, this afternoon, with this his- the course of 15 years. In New START, forced to lie to everyone they work toric vote, this country will move a that number has been substantially re- with, who go to sleep petrified they step forward in being proud of every duced to only 180 inspections over the will be found out about and discharged, man and woman who serves their coun- course of 10 years. and who wake up dreading another day try. There are only two basic types of in- of mandated deceit and dishonesty. For far too long, men and women spections in New START. Type one in- It is wrong. It needs to end. with courage and commitment to serve spections focus on sites with deployed Don’t ask, don’t tell is depriving our our Nation have been asked to hide the and nondeployed strategic systems. armed services of talented men and truth about who they are. It is shame- Type two focuses on sites with only women at a time when we need our ful. It is a bad policy. Today, it will nondeployed strategic systems. Each best on the front lines defending Amer- end. side is allowed to conduct 10 type one ica. We are fighting wars in Iraq and I look forward to the vote this after- inspections and 8 type two inspections Afghanistan, and we cannot afford to noon and the courage of this Senate to annually. Under the previous START lose critical assets simply because they stand up and do the right thing today. treaty, there were 12 types of onsite in- are gay. Thank you, Mr. President. I yield the spections as well as continuous onsite Finally, we also know that repealing floor. monitoring activities at a certain facil- don’t ask, don’t tell will not have an The PRESIDING OFFICER. The Sen- ity. Even though, as has been men- adverse impact on the military. We ator from Texas is recognized. tioned on this floor in the debate, there have heard from military leaders who NEW START TREATY are fewer facilities, this is a pretty support this repeal. The Pentagon re- Mrs. HUTCHISON. Mr. President, I drastic reduction in the ability to actu- cently came out with their report that rise today to talk about the START ally have the onsite investigations. Be- showed that repealing this policy treaty. We have been debating the cause weapons inspectors will only would not inhibit their ability to carry START treaty off and on throughout have 10 opportunities per year to in- out the missions they are charged the last few days, and there will be an spect just 2 to 3 percent of Russia’s with. amendment voted on for the resolution force, we will be more reliant than in In fact, that report said 70 percent of after the 3 o’clock vote on don’t ask, previous agreements on the full co- servicemembers believe repeal would don’t tell. operation of Russia. have little to no effect on their units. I wish to talk about the amendment I really don’t know how we could Repealing don’t ask, don’t tell is the and the treaty itself. This historic have reached an agreement to substan- right thing to do. It is right for our treaty is seeking, of course, to limit tially reduce our most effective meth- country. It is right for our military. It the strategic long-range nuclear weap- od of enforcement. In fact, a recent is right for Major Witt and thousands ons that are currently in U.S. and Rus- State Department report issued by the like her. It is right for people like Re- sian inventory for a total of 1,550 war- Obama administration said: bekah. She is a young woman from heads for each country. While these Notwithstanding the overall success of Spokane in my home State. She wrote limits require some reductions in the START I implementation, a significant num- me a letter a couple of months ago and number of delivery vehicles and de- ber of long-standing compliance issues that told me she is a senior at Eastern have been raised in the START I treaty’s ployed warheads both countries pos- Joint Compliance and Inspection Commis- Washington University, and her dream sess, a change in the counting of war- sion remain unresolved. for years has been to join the U.S. heads will allow both countries to cut Defense. I am also concerned that Army. She wrote to me and said: hundreds of them on paper with no ac- proposals under the New START treaty I believe the military is an honorable call- tual reductions. For example, under may restrict U.S. missile defense capa- ing. One of self-sacrifice and dedication—and START I, each deployed delivery vehi- I would be proud to call myself a soldier. bilities, which could threaten our na- cle was counted as carrying a specified tional security. Of all of the concerns But there was a problem. Rebekah number of warheads regardless of how that have been raised, I think this is told me the very sense of honor that many warheads were actually equipped the most important. It also is part of called her to serve her country was pre- on the missile or bomber. New START the amendment we are going to con- venting her from acting on her dream abandons these rules, instead only sider this afternoon. because she told me she is a lesbian. counting the number of warheads actu- Russia and the United States each She is very proud of who she is. As long ally equipped on deployed missiles. In issued unilateral statements when they as the official policy of the United addition, strategic bombers each count signed New START that clarified their States Army is to ask her to bury that as one warhead regardless of how many position on the relationship between pride, to tell her to keep secret a large warheads they are actually carrying. START and missile defenses. part of who she is, and to ask her to I also have reservations because of The official Russian statement said: live what would essentially be a lie, she how New START limits our ability to The treaty can operate and be viable only simply will not be able to serve our conduct extensive and robust verifica- if the United States refrains from developing country. tion activities to ensure compliance its missile defense capabilities quan- Rebekah told me that nothing would with the treaty. The ability to ade- titatively or qualitatively. make her happier than to be able to quately and thoroughly verify the en- Contrary to claims by the Obama ad- graduate this coming spring and start forcement of the treaty is crucial for ministration that missile defense will her journey standing up for our Nation. two reasons—not only to ensure that not be negatively impacted, a review of She does not want to feel that she both parties are holding up their end of the text of the treaty shows otherwise. should be ashamed of who she is, and the bargain but also as it relates to The most obvious limitation on missile she should not have to. possibly one party losing control of defense is found in article V, paragraph We need to repeal don’t ask, don’t missiles they are not accounting for. It 3 of the treaty. It says this prevents tell so young women like Rebekah will is said in many quarters that some of converting existing intercontinental not stop dreaming of growing up to the deteriorating nuclear materials in ballistic missiles, ICBMs, and sub- serve our country, and so that every Russia have somehow gotten through marine-launched ballistic missiles, man and woman in our Armed Forces to rogue nations such as North Korea SLBMs, into launchers for missile de- can serve their country openly and or Iran. So it is very important to have fense interceptors. with pride. We have heard the stories a verification system that keeps count. The administration says: Well, it is of the lives this policy has ruined. We I am concerned about the ability to more expensive to actually convert have heard from top-ranking military conduct onsite inspections because it than to create new ones. officials that it simply does not work. has been reduced in this agreement. Well, we need to have flexibility. We have heard from servicemembers Under START I, the United States con- Whether we convert or whether we cre- that they, too, want it to change. ducted more than 600 inspections over ate new ones should not be a limitation

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22940 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 on the United States. U.S. planning have fewer than 1,500 nuclear warheads As long as our missiles are capable of and force requirements might have to by 2012. being deployed, that is leverage we change in the future to respond to Russian defense expert Mikhail must have. But we certainly have no evolving world threats during New Barabonov bluntly makes the same reason to lower our capability to de- START’s tenure. It is important that point. He says: fend our country unilaterally, which I our Nation be able to adjust our mili- The truth is, Russia’s nuclear arsenal is al- cannot imagine that any administra- tary defense systems if needed. We are ready at or even below the new ceilings. tion—and certainly not the Senate— not just talking about Russia now. We Already at or even below the new would sign or ratify a treaty that are talking about adjusting our missile ceilings. might take away our capability to de- defense capabilities against any other At the time of the signing of the treaty, fend our country. I would hate for it to country in the world, including rogue Russia had a total of just 640 strategic deliv- be on our watch that we lowered the nations we believe have nuclear capa- ery vehicles—only 571 of them deployed . . . defenses of the United States, because bilities. We are not sure how far devel- It therefore becomes evident that Russia we are being rushed into ratifying a oped they are, but we know North needs no actual reductions to comply. If any- treaty without the full capability to Korea is trying to have a ballistic mis- thing, it may need to bring some of its num- amend it, or that we don’t make sure bers up to the new limits, not down. sile with a nuclear warhead. We know in every detail, as Senator KYL has Iran is too. We know Pakistan has That brings me to the second major said so many times, that we have pre- them, and though Pakistan is an ally, point that concerns me about the trea- served our capabilities to defend our it is a fragile government at this point. ty; that is, the modernization capabili- country against any enemy; and sec- Why would we in any way link our ties for our warheads that are part of ondly, that we have the capability to own missile defense capabilities with our arsenal. We can do something go on offense so that any country that the evolving threats out there, regard- about this outside the treaty and still might decide to send a nuclear warhead less of the present good terms we have go forward with the ratification, but so into our territory, or into anyplace with Russia? Why would we do that? far we have not had the assurances where our troops are on the ground That is a unilateral capability that our that would allow us to know our mod- fighting for freedom, that that country country must insist we keep for our ernization could be done. or that group of rogue nations would sovereign Nation. According to the 2010 Nuclear Pos- know we could respond because our ar- The McCain amendment would take ture Review, today’s nuclear weapons senal of weapons is viable. out of the preamble to this treaty: have aged well beyond their originally Mr. President, I yield the floor. Recognizing the existence of the inter- planned life, and the nuclear complex The PRESIDING OFFICER. The Sen- relationship between strategic offensive has fallen into neglect. It has been 18 ator from California is recognized. arms and strategic defensive arms, that this years since our arsenal has been tested. Mrs. BOXER. Mr. President, I ask interrelationship will become more impor- I share the concerns of my colleague, unanimous consent that the next two tant as strategic nuclear arms are reduced, Senator KYL, who has been a leader on Democrats on the list be Senator and that current strategic defensive arms do this issue. We must ensure—and we can not undermine the viability and effective- LEAHY, followed by Senator SHAHEEN. ness of the strategic offensive arms of the do it in a separate, signed ratification The PRESIDING OFFICER. Without Parties. resolution—that the United States has objection, it is so ordered. We want to take that out. It is abso- a strong plan that provides for a nu- Mrs. BOXER. Mr. President, I want lutely essential that we take this out clear modernization program that en- to respond to the comments of my of the preamble. sures that if we did need to deploy be- friend from Texas, who was very pas- Mr. President, I ask unanimous con- cause a rogue nation that is not part of sionate in her remarks, by saying it in- sent to be added as a cosponsor of the any treaties or is a part of a treaty but terested me that she raised the name of McCain amendment. isn’t going to comply—we need to en- President Ronald Reagan, because a lot The PRESIDING OFFICER. Without sure our deterrent is real. Our deter- of major players in his administration objection, it is so ordered. rent will be real if our warheads are as- support this treaty—George Shultz, for Mrs. HUTCHISON. Mr. President, we sured of still being capable of being a one, and also James Baker. In addition, need to ensure that our defenses are deterrent, being deployed, being used the current Director of National Intel- not in any way inhibited by this treaty in the very worst case circumstances. ligence, who is responsible for verifica- because we must defend against coun- As President Reagan said, trust, but tion, supports this treaty. And LTG tries that perhaps are not enemies of verify when you are making treaties Patrick O’Reilly, head of the U.S. Mis- Russia, but they might be ours. And to with other countries, especially this sile Defense Agency, says that the New in any way restrict our defenses is not treaty that is going to have such con- START treaty actually reduces con- necessary to ensure that we have mu- sequences as one that might lower our straints on the development of missile tual offensive lowering of numbers. capability to defend our country from a defense. So I am very concerned about this nuclear missile, a warhead on a missile I think her comments were very ar- particular segment. If we can adopt the that could be delivered to our country ticulate, but they are not correct, be- McCain amendment, of which I am a by a rogue nation. cause, again, I will place into the cosponsor, it would take me a signifi- This has nothing to do with Russia. RECORD the many leaders from former cant way toward believing this treaty We don’t expect them to launch a mis- Republican administrations who are would be worthy of ratification. sile against the United States, that is pressing us hard to get this treaty I am seriously concerned that al- for sure. But we do know that there are done. As a matter of fact, we haven’t though it is clear that a number of re- other nations that are enemies of the had boots on the ground to verify what strictions will be placed on the United United States, that are trying to get, the Russians are doing for a long time States under this treaty, the same is and possibly have, nuclear warheads now. This treaty will make sure we can not necessarily true for our partner to and the capability to deliver them. verify. But whether it is Defense Sec- the treaty—Russia. So we need to assure, first and fore- retary Robert Gates, or Patrick Dr. Keith Payne, a former Deputy As- most, two things: that our nuclear ca- O’Reilly, as I said, head of the U.S. sistant Secretary of Defense for Forces pabilities are viable, which means we Missile Defense Agency, or the Direc- Policy, has noted that New START’s need a modernization program that we tor of National Intelligence—you also limitations are of little real con- can be assured has an arsenal that can have former Secretary of Defense sequence for Russia because Russia’s work; No. 2, we need to make sure our James Schlesinger saying he doesn’t aged Cold War strategic launchers al- ability to maintain missile defense is believe this inhibits missile defense. ready have been reduced below New not negatively impacted by this treaty. You have the former Secretary of De- START ceilings. Additionally, many There is no reason to connect it to a fense under President Clinton, William defense analysts predict Russia will treaty that is going to limit offenses. Perry, being very strong on this, along

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22941 with Secretary of State Henry Kis- communities. Studies show that if the pose restrictive personnel policies on singer, and so on. In the Washington DREAM Act passes, the gross domestic the military. I quoted a former Senate Post, Henry Kissinger, George Shultz, product of our Nation will increase. Armed Services Committee chairman, James Baker, Lawrence Eagleburger, There is a very good study, a recent Barry Goldwater, who stated: and Colin Powell made the following study by USC, the University of South- Banning loyal Americans from the Armed statement. ‘‘New START preserves our ern California, that is very clear on the Forces because of their sexual orientation is ability to deploy effective missile de- point. just plain un-American. fenses.’’ The testimonies of our mili- It seems to me what we did today by I said the policy is a policy of out- tary commanders and civilian leaders failing to end the filibuster, even right discrimination, which flies in the make it clear that the treaty does not though we had a strong majority vote, face of the very American values that limit U.S. missile defense plans. we hurt our country. Why did we hurt the military has sworn to defend. I think the biggest danger to our our country? Because our children are I lauded the courage of those mili- country is not acting on this. If we our future. These are very bright tary personnel who were willing to don’t act, it is a danger to the national young people, who are very motivated. come forward and testify before Con- security of this Nation. I am very They would be the only ones to benefit gress way back then. And, of course, pleased to see the incredible bipartisan from the DREAM Act. fast forward to today, it is incredible support outside of this Chamber and, I I am here today with a message: I that brave men and women serving in hope, inside this Chamber. I am very will never give up until we pass the uniform in Iraq and in Afghanistan, hopeful. But we will find out in the DREAM Act. who put their careers on the line, can coming days. On the good side today, from my per- stand up and be counted and speak I want to also talk about the two spective, we made some history. We did truth to power about this issue. very critical votes we cast here mo- break a filibuster—a Republican fili- I think this is an important point. ments ago, which are so important to buster—on the issue of ending discrimi- The military has a very strict code of large segments of our communities. nation in the military against gays and conduct, which it must have. So every- The DREAM Act, which would give a lesbians. We voted to end that fili- body in the military must adhere to it, path of legality to students who are buster and take up the issue of the re- whether you are heterosexual, homo- outstanding in their communities and peal of don’t ask, don’t tell. I do be- sexual, or whatever your orientation who want to join the military, or go to lieve, in a few hours, that policy will be is; you have to live by the code of con- college, is an important bill. Because gone. duct. In 1993 we had just come through of the filibuster we needed 60 votes. We There are moments in history that this horrible scandal called Tailhook. got 55 votes—a majority—but the Re- come to us, and for me to be here at It was awful. You had a series of rapes, publican filibuster stopped us from this time—and I know I speak for a lot and you had a very bad circumstance, passing it. of colleagues—and cast a right for civil which was brought out into the public. Today the dreams of young, talented rights, cast a vote for justice, cast a Action was taken. So, clearly, students who grew up in America were vote for equality, and to cast a vote heterosexuals in the military, when crushed because of a filibuster. We against discrimination is a high honor. they misbehave in a sexual way, are have to make it clear to the people who I have to say as a point of personal going to be punished. It is the same follow this that the Republicans privilege, I was here when that policy way for improper homosexual behavior. stopped us from passing the DREAM went into effect. It was 1993 and I was It will not be tolerated. Act, even though we had a few of them a new Member of the Senate. I thought That is the point. I said that don’t join us. I say thank you to those on the this was the wrong policy at that time. ask, don’t tell is a policy of discrimina- other side. We got 55 votes. We had 90 So I said to my staff: Can’t we do some- tion based on your status instead of percent of Democrats voting for it and thing and stop this? We decided the your behavior. less than 10 percent of Republicans—90 best way to try to stop it was to say Here is something else I said in 1993: percent of Republicans voted against let’s not codify this policy. Let’s not It is easy to lose sight of the impact that it. Today, dreams were crushed. put it into law. Let’s have an amend- policies have on people’s lives. It is easy to I believe in America. My mother was ment that says it is up to the executive label people that are different from us as born in a foreign land and, by the grace branch. That way, the executive ‘‘those people.’’ We might be able to tempo- rarily fool ourselves into thinking that those of God, she was naturalized, and she branch could repeal it if it didn’t work, people are not part of our social fabric. kissed the ground of this country. I and it would be easier. I read into the RECORD some writing often think to myself, what if she had It is interesting because our thoughts of a German philosopher, who wrote a foul-up in her papers somehow, what were right on target, because our about World War II, in which he said: would have happened to me? Would I be President does not support don’t ask, a different person? No, I would be the don’t tell, and he would, in a heartbeat, When the Nazis came for the Jews, I didn’t speak up because I was not a Jew. And when same human being. America would be of course, remove it as a policy the Nazis came for the gypsies, I didn’t speak my country. through Executive order. But because up because I was not a gypsy. And when the The reason I am so passionate on this we had voted it into law, we had to act. Nazis came for the mentally defective, I is these are young people who would I decided to go back to the speech I didn’t speak up because I was not mentally make our country stronger. As a mat- made on that day, September 9, 1993, defective. When the Nazis came for me, there ter of fact, our military says the and take a look at some of the things was no one left to speak up. DREAM Act is a recruiter’s dream, be- I said about don’t ask, don’t tell. First, So I said: Let’s not do this to gay and cause we get the best and the brightest I said, on the question of codification— lesbian people. Let’s have a code of be- to sign up for the military. In my that is, putting don’t ask, don’t tell havior that affects us all and does not State, where I am so proud of our in- into law: divide us. We fool ourselves when we credible diversity, we have a group of There is no historic precedent for the codi- say that the gay and lesbian commu- young people who are ready to go to fication of the military personnel policy that nity is not part of our social fabric; college there, start their own busi- prevents a whole class of Americans from that they are not human; that they do nesses there, get jobs there, form their serving their country in the Armed Forces. not have an effect on our lives. That families there, work in their commu- I felt it was against precedent, and I isn’t right. We are all God’s children nities. They already are. said: and they are our sons and our daugh- I have shown on the floor of the Sen- There is simply no compelling reason to ters. ate many times individuals who were believe we should break with history and So in a couple of hours, for me, this caught in this limbo state. A lot of codify such a policy. issue comes full circle. I got 33 votes them are presidents of their student I mentioned that, over the past four that day in 1993 for my amendment not bodies, A students, leaders in their decades, Congress had declined to im- to codify don’t ask, don’t tell. I got 33

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22942 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 votes, and I was proud of that. I re- to defend itself—limitations I believe the treaty but certainly no limitations. member Howard Metzenbaum—may he should not be in the treaty. Then we found that article V of the rest in peace—said at that time: The The preamble to the New START treaty contains a limitation on the Boxer amendment is a civil rights treaty provides an explicit link be- conversion of ICBM and SLBM launch- amendment, and I was proud. But I was tween strategic nuclear offensive weap- ers into launchers for missile defense. so sad to lose badly—33 votes. Today— ons and strategic nuclear defensive The Senate has a treaty before it now today—we have come a long way, and weapons. It also implies the right of on nuclear strategic offensive weapons we have come a long way because peo- Russia to withdraw from the treaty with several limitations on missile de- ple have put their fear aside and they based on U.S. missile defense that is fense. We are now being told not to came forward and they told their sto- beyond ‘‘the current strategic capabili- worry about these limitations on our ries. They took the light and they fo- ties.’’ Well, by specifying current stra- ability to defend ourselves in the New cused it on the truth. We have come a tegic capabilities, the intent is clear: START treaty. The administration long way because of their families who They are signaling that future U.S. ca- says: Well, it is only a statement of love them and have spoken out. We pabilities could pose a problem. Russia fact. They say: It isn’t legally binding have come a long way because the mili- does not want us to improve or to ex- or this administration doesn’t plan to tary itself, in the Pentagon’s recently pand missile defense capabilities for use it or it is only an insignificant con- released survey, said it doesn’t matter. the United States. For me, this is abso- cession to the Russians. Seventy percent of our servicemembers lutely unacceptable. I do not find any of these arguments said we don’t care about sexual ori- The administration claims the lan- comforting. This treaty sets a terrible entation. guage in the preamble has no legally precedent. The United States should So this is America at its best—when binding significance. They claim it is not be placing any constraints on our we open our arms to equality and free- simply a nonbinding concession to Rus- ability to defend ourselves, no matter dom and justice. sia—a nonbinding concession to Russia. the type, the size or the length of time. In closing, I would say there is more Well, it is important to note that the Significant disagreements exist be- work we have to do on this whole issue. New START treaty is not the first at- tween the United States and Russia on There is still a lot of unfairness in our tempt by Russia to limit our national missile defense provisions in the New laws—partners not being able to have defense. Russia has wanted language START treaty. Some argue it doesn’t the same rights as married couples. limiting U.S. missile defense for a long matter what Russia says about the That is another whole issue we will time. They are looking for grounds to issue. Well, I believe it is vital that we work on. But I am confident that as claim the U.S. missile defense program examine what Russia has said about Americans we will move forward. When violates an international agreement. this very matter. When two countries we started out, only White men of Russian threats have had an impact enter into a bilateral agreement, there needs to be an actual agreement—an property could vote. We have strug- on our own missile defense decisions in agreement of what is said and an agree- gled. All this is a struggle. It is not the past. This administration aban- ment of what it means. Discussing the easy. The struggle for freedom is not doned previous plans to deploy missile disagreements between the two parties easy. People have died for freedom in defense systems in Poland and the to the treaty is imperative, and it is all these communities. It is in our his- Czech Republic. It is evident the ad- part of the Senate’s constitutional ob- tory. But this will be a day that will go ministration already receives consider- ligation. The two parties to this trea- down in American history as a day we able pressure from Russia to limit our ty—the United States and Russia— lifted a barrier, and America is strong- Nation’s missile defense activities. I need to know how both parties will be er because of it. believe the language in the treaty will acting and how they will both be inter- I yield the floor. only further add to that pressure and preting the New START treaty. We The PRESIDING OFFICER (Mr. will impact U.S. decisionmaking on our cannot ignore the differences. BEGICH). The Senator from Wyoming. own missile defense. Some proponents of the treaty have I wish to emphasize, again, that the Mr. LEAHY. Mr. President, may I argued that passing the McCain-Bar- United States must always remain in ask a question of the Senator from Wy- rasso amendment will complicate rati- charge of our own missile defense capa- oming, just for planning purposes? I am fication. I reject that idea. I reject the bilities, not Russia and not any other going to be recognized next. Approxi- idea that the Senate’s advice and con- mately how long does the Senator country. It is unacceptable for the sent duty is to take it or leave it. I be- think he will take? United States to make any concessions lieve the Senate’s advice and consent Mr. BARRASSO. Mr. President, 10 to on missile defense. Defending our Na- role is either to accept the treaty or 12 minutes on the START treaty. tion should be a top priority. improve the treaty, and that is what Many of my colleagues have come to Mr. LEAHY. I thank my friend, and I this amendment does—it improves the yield the floor. the floor over and over to highlight treaty. We, as a Senate, cannot simply The PRESIDING OFFICER. The Sen- this very point. We share a deep con- be a rubberstamp to treaties due to ator from Wyoming. cern about the concessions the New fears of fixing flaws and improving im- Mr. BARRASSO. Mr. President, I START treaty provides to Russia, espe- portant provisions. come to the floor to talk about the cially the limitations of our missile de- The Congressional Research Service McCain-Barrasso amendment to the fense. There is no legitimate reason for published a study on the role of the New START treaty, and I appreciate the inclusion of limitations to our na- Senate in the treaty process. It is ti- hearing all the strong and passionate tional security in this treaty. The New tled ‘‘Treaties and Other International support for this amendment from my START treaty is just the first step in Agreements: The Role of The United colleagues on the issue of missile de- allowing greater concessions on U.S. States Senate.’’ On page 125, the study fense. We debated this yesterday, well missile defense in future agreements. states: into the evening, and we are going to I think it is also important to point Amendments are proposed changes in the be voting on this a little after 3 this out the continual change in the story actual text of the treaty. They amount, afternoon. by the administration—the one they therefore, to Senate counteroffers that alter I think it is important that the have provided this Senate regarding the original deal agreed to by the United American people are given the oppor- the inclusion of missile defense lan- States and the other country. tunity to hear the implications of the guage in the treaty. Originally, the So should the Senate agree to strike New START treaty. The New START Senate was told the New START treaty the missile defense section of the pre- treaty significantly impacts America’s would not contain anything on missile amble, we are simply asking the Rus- national security and our nuclear de- defense. Then the Senate was informed sians to accept it. The ball is in Rus- terrent. I believe this treaty places there would be no reference to missile sia’s court. The Russians can either ac- limitations on the ability of our Nation defense other than in the preamble of cept or reject the Senate’s

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22943 counteroffer. If the text of the pre- we have been able to go past the fili- that this is the right thing to do, that amble is just a nonbinding statement buster of it. I wish to speak about that it will not harm our military readiness. of fact, then Russia should not have for a few minutes. Gay soldiers and straight soldiers any problem in eliminating that por- While partisan rancor seems to have have fought and died for our country tion of the preamble. But if Russia does seized the Senate on so many occasions throughout the history of this country. have a problem with eliminating a so- this year, on at least this one count I Gay soldiers and straight soldiers have called nonbinding statement of fact am encouraged and I am hopeful. There fought and died for our country in Iraq and Russia is willing to jeopardize the is yet sufficient bipartisan agreement and Afghanistan. I think of one of the entire treaty over it, then every Mem- to repeal the discriminatory don’t ask, editorial cartoons showing parents at a ber of the Senate should be concerned don’t tell policy before this Congress military graveyard and they are look- about the provision’s impact. ends. I commend the Senators who ing at the grave of their son. One says, The treaty’s preamble, the Russian have pledged to support the repeal. Of ‘‘They didn’t ask.’’ And the other said, unilateral statement on missile de- course I renew my own commitment in ‘‘They didn’t tell.’’ fense, and remarks by senior Russian support of the effort. It is well past Look at this—three coffins draped in officials all show an attempt by Russia time to put an end to this discrimina- flags. The caption is, ‘‘Which is the gay to limit or to constrain future U.S. tory and harmful policy. one?’’ missile defense capabilities. Let’s take Today, in the Senate, the stage is set Like so many other Senators, I have a look at the Russian unilateral state- again for one of the major civil rights walked on a quiet day through the ment. It shows how the Russians will victories of our lifetimes. Years from graveyard at Arlington National Ceme- act under the treaty. It states: now I hope historians will have good tery. I have seen dates going back long The treaty between the Russian Federa- cause to remember that today is the before I was born. I see people who tion and the United States of America on the day when the two parties overcame su- have died in our world wars, died in reduction and limitation of strategic offen- perficial differences to advance the Korea, died in Vietnam, who die now in sive arms signed in Prague on April 8, 2010, pursuit of equal rights for all Ameri- Iraq and Afghanistan. I look at the can operate and be viable only if the United cans. After much effort and just as States of America refrains from developing names—some from my own State—and much study and discussion, the Senate like everybody else who walks through, its missile defense capabilities quan- will finally proceed to an up-or-down titatively or qualitatively. I think of the sacrifice of these people vote on repealing this counter- That is the Russian unilateral state- and the sacrifice of their families, the productive policy. life that would not be lived, the chil- ment. Russian Foreign Minister Lavrov For too long we have said let’s vote dren who might not know a parent, the stated the treaty contained ‘‘legally maybe, we are not quite ready for a brother who might not know a sister or binding linkage between strategic of- vote, let’s get the filibuster going. I sister who might not know a brother, fensive and strategic defensive weap- think most Americans expect Sen- parents who are burying their child. Of ons.’’ He went on: ators—after all there are only 100 of course in the natural order, children The treaty and all obligations it contains us—they expect us to come here and ei- bury their parents. Here, parents have are valid only within the context of the lev- ther vote yes or vote no, not vote buried their child. els which are now present in the sphere of maybe. A filibuster is voting maybe. strategic defensive systems. To Senators who keep saying I want to Does anybody look at those graves To me those statements seem very think about it more, I want to go and say: Move this one because we just clear. The negotiators have given in longer—we have had years of study. found out that soldier who died in bat- and they have allowed limitations on This afternoon it is time for every man tle was gay? If anybody asked to do our missile defense capabilities. I have and woman in this body to step forward that there would be an uproar in this no doubt that Russia will threaten to and vote either yes or no. For those country. So I ask why any question withdraw from the treaty, should the who still harbor concerns that enacting about them serving? Every member of United States expand its current nu- this repeal would somehow harm readi- our armed services should be judged clear capabilities. ness, one simple fact is the clearest an- solely on his or her contribution to the There should be no problem in re- swer. Gay and lesbian Americans al- mission. Repealing don’t ask, don’t tell moving the language in the preamble ready serve honorably in the U.S. will ensure that we stay true to the when treaty proponents believe that it Armed Forces and they have always principles on which our great Nation has no legally binding significance. done so. There is no doubt that they was founded. I have been sitting here, visiting and have served in the military since the We ask our troops to protect freedom discussing this treaty with Members on earliest days of the Republic. The only around the globe. Isn’t it time that we both sides. This amendment only reason they could do so, then and now, protect their basic freedoms and equal strikes a portion of the treaty that even under today’s discriminatory pol- rights here at home? Throughout our people who support the treaty have icy, is because they display the same history the Senate has shown its abil- called nonbinding, legally insignifi- conduct and professionalism that we ity to reflect and illuminate the Na- cant, and one Senator called it a expect from all our men and women in tion’s deepest ideals and the Nation’s throwaway provision. Then they should uniform. They are no different from conscience. It is my hope the Senate throw it away. This Senate can ensure anyone else. They should be treated no will rise to this occasion by breaking that there is no limit on U.S. missile differently. As one combat veteran through the partisan din and proceed defense by simply passing the McCain- said: I don’t care whether the soldier to debate, as we have, and now vote on Barrasso amendment. Our missile de- next to me is straight or not; I care repealing the discriminatory and coun- fense is worth the effort and the time whether he can shoot straight or not. terproductive policy. to get it right. In ending this policy we are bringing I see my good friend and neighbor The McCain-Barrasso amendment to an end years of forced discrimina- from across the Connecticut river, Sen- significantly improves the treaty and I tory and corrosive secrecy. Giving ator SHAHEEN, and I see my friend and urge my colleagues to vote in favor of these troops the right to serve openly, colleague—I apologize, I did not see this very important amendment. allowing them to be honest about who him—the Senator from South Dakota. I yield the floor. they are, will not cause disciplined I know he is waiting. I will yield to The PRESIDING OFFICER. The Sen- servicemembers to suddenly become him. It is my understanding Senator ator from Vermont. distracted on the battlefield. It is pan- SHAHEEN will be recognized after Sen- DON’T ASK, DON’T TELL dering to suggest that they would be. ator THUNE. Mr. LEAHY. Mr. President, I know in But that is not only my view. The I yield the floor. a couple of hours we will be voting on Chairman of the Joint Chiefs, Admiral The PRESIDING OFFICER. The Sen- repeal of don’t ask, don’t tell, now that Mullen, has said time and time again ator from South Dakota.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.000 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22944 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 Mr. THUNE. Mr. President, I wish to silos—for defensive purposes—in the Instead, the State Department said, speak to the START treaty, more spe- past. in response to the Russian unilateral cifically to the McCain-Barrasso My own view is that particular provi- statement: amendment which is the amendment sion in the treaty text is a direct link- The United States of America takes note that is currently under consideration age between offensive and defensive of the statement on missile defense by the and on which we will vote later this arms. Then you have the preamble and Russian Federation. The United States mis- afternoon. I want to point out at the unilateral signing statements that I sile defense systems would be employed to outset that you do not have to watch think are even more telling when it defend the United States against limited missile launches, and to defend its deployed the news very often in this country to comes to that connection that is drawn forces, allies and partners against regional realize we live in a dangerous world. between—that interrelationship be- threats. The United States intends to con- There are lots of countries around the tween offense and defense. tinue improving and deploying its missile de- world that are run by regimes that not Far more pernicious is the treaty’s fense systems in order to defend itself only mistreat their own populations preamble and the two unilateral sign- against limited attack, and as part of our but would love to do harm to countries ing statements by the Russians and by collaborative approach to strengthening sta- that are allies of ours, as well as to the the United States. The preamble bility in key regions. United States. That is why a debate states, ‘‘The current strategic defen- So it would appear that the U.S. posi- about an issue such as missile defense sive arms do not undermine the viabil- tion does not contradict the Russian is so important. That is why this par- ity and effectiveness of the strategic position in the slightest. What then to ticular provision in the START treaty arms of the Parties.’’ make of the U.S. missile defense plan has drawn so much attention, so much The statement suggests that moving previously announced by Secretary concern by many of us who are con- beyond current systems might under- Gates, which talks about the deploy- cerned about the linkage it establishes mine the viability and effectiveness of ment of SM–3 missiles in Romania by between offensive strategic arms and strategic systems and could provide 2015, Poland by 2018, and then in 2020 defensive strategic arms. grounds for withdrawal. the deployment in Europe of the new The Senate made it abundantly clear The administration says that either SM–3 2B missile for the defense of Eu- at the outset of the negotiations on the side can withdraw anyway. That is rope and the United States against New START treaty, specifically in sec- only partially true. The withdrawal ICBMs; is this still our position or is it tion 1251 of the fiscal year 2010 Na- clause in the treaty, as it has been in now the position set forth in the sign- tional Defense Authorization bill, that previous treaties, deals with extraor- ing statement and as recently briefed there should be no limitations on U.S. dinary events and the preamble and to the NATO-Russia Council in Lisbon ballistic missile defense systems. The unilateral statements make with- where the SN03 2B missile was por- New START treaty not only contains drawal more likely by building in an trayed quite clearly as being ‘‘avail- specific limitations on those systems, inevitable pretext. able’’ rather than ‘‘deployed’’ in the but also reestablishes an unwise link- So you have the preamble, the lan- year 2020. age between offense and defense that guage in the preamble, you have the di- It is clear to me the administration was broken when the ABM Treaty rect linkage in the treaty text itself, is already coming under considerable came to an end. and then I also want to mention the pressure by the Russians to limit its We were told as recently as March 29, other point which I think is equally missile defense activities in the very by Under Secretary Tauscher, ‘‘The important and that is the Russian uni- near future. Past experience would sug- treaty does nothing to constrain mis- lateral signing statement makes clear gest this administration may be will- sile defense. This treaty is about stra- Russia’s legal opinion. Here is what it ing to alter its plans to accommodate tegic weapons.’’ says. the Russians, as it did in the case of I quote again, ‘‘There is no limit on previous plans to deploy missile de- what the United States can do with its The treaty between the Russian Federa- fense systems in Poland and the Czech tion and the United States of America on the missile defense systems.’’ reduction and limitation of strategic offen- Republic. And then quote again, ‘‘There are no sive arms signed in Prague on April 8, 2010, How will it respond if the President’s constraints to missile defense.’’ can operate and be viable only if the United prized accomplishment, the START Those were all quotes made by Sec- States of America refrains from developing treaty, is at risk? I think it is very retary Tauscher on March 29. But these its missile defense capabilities quan- clear from the language in the pre- assertions are incorrect in two ways. titatively or qualitatively. amble, the direct linkage in the treaty No. 1, not only are there specific limits It further states: itself, and what the signing statements on some missile defense options—and I The exceptional circumstances referred to say, what the Russians’ intentions are note article V, paragraph 3 of the trea- in article XIV, the withdrawal clause of the with regard to this particular issue, ty text itself—but, second, when treaty, include increasing the capabilities of which is why it is so important this viewed together with the treaty’s pre- the United States of America’s missile de- amendment get adopted. amble, Russia’s unilateral statement fense system in such a way that threatens This amendment the Senators from and statements by senior officials all the potential of the strategic nuclear forces Arizona and Wyoming have offered provide potential for Russia to intimi- of the Russian Federation. would simply strike the language in date the United States by threatening So the Russians have built into the the preamble that is causing so much to withdraw from the treaty if the treaty record their threat that im- concern. We have heard arguments on United States seeks to increase its mis- provement of U.S. missile defense cre- the floor of the Senate since we started sile defense capabilities. ates the legal pretext for their with- debate on the START treaty that the The treaty’s supporters are going to drawal from the treaty. It can only be preamble is nonbinding; in other words, argue that the limit on converting of- read as an attempt to exert political it does not mean anything. fensive silos for missile defense is pressure to forestall continued develop- In fact, it was said yesterday by meaningless because we don’t have any ment and deployment of U.S. missile someone on the other side that it is such plans. But the question I come defenses. throwaway language. Yet at the same back to is simply this: Why is there a Was our response to that a firm re- time, it has been argued by others on limitation at all on missile defense in a buttal? The answer is no. Unlike the the other side that it is a treaty killer. treaty that is meant to deal with nu- START I agreement where the United It cannot be both. It cannot be a throw- clear weapons? Why did we concede to States said quite clearly that it did not away that is not legally binding and a the Russians on this important point agree with Russian statements linking treaty killer at the same time. and can we be sure we will never have that treaty to the U.S. status in the Essentially, what they are saying is, such plans. After all, we have con- ABM treaty, we did not do that this it means nothing and it means every- verted offensive silos to defensive time. thing. That is a direct contradiction.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22945 That is why it is so important this ment and make it clear that there is to Canada, and Israel, already allow open amendment be adopted, which would be no linkage, no nexus, between stra- service. clarify once and for all, or separate and tegic offensive arms and strategic de- Not only is this policy costing us decouple or delink this connection that fensive arms so we eliminate once and critical capabilities, it is also unneces- exists in this treaty between offensive for all the ambiguity that exists with sarily costing us a significant amount and defensive arms. regard to this issue and allow us to of money. The military spends as much I think the amendment that is before proceed to other amendments on the as $43,000 to replace each individual us right now gets at the very heart of treaty. charged under the don’t ask, don’t tell the matter, and we all know the Rus- I yield the floor. policy. At a time of extremely tight sians and Americans have different The PRESIDING OFFICER. The Sen- budgets with little money to go views on missile defense. But the at- ator from New Hampshire. around, it just does not make sense to tempt to paper over or even ignore DADT spend tens of thousands of dollars to these differences in this treaty sets the Mrs. SHAHEEN. Mr. President, I am investigate, try, and replace American stage for future misunderstandings or here today to express my strong sup- soldiers based only on their sexual ori- confrontations as the United States port for the repeal of the don’t ask entation. continues its missile defense activities, don’t tell policy. The Senate took a Repeal of this policy has earned the particularly in Europe. significant step toward that repeal ear- backing of an overwhelming majority Confusion about U.S. plans is equally lier today. I want to congratulate and of America’s Iraq and Afghanistan vet- dangerous. This is not an issue on thank Senators LIEBERMAN and COL- erans and countless military leaders, which there should be ambiguity, on LINS for their strong bipartisan leader- including retired GEN Colin Powell, which there should be confusion, and ship on this issue. I was proud to be a who says that attitudes and cir- on which there should be this kind of a cosponsor of this bill, and I hope we cumstances have changed since the pol- difference of opinion. will soon send it to the President for icy was first instituted 17 years ago. In addition, we now have a good un- So I would simply say, as we come his signature. here in an hour or so to a final vote on It is not often that the Senate gets derstanding of what our own military the McCain-Barrasso amendment, that the opportunity with a single vote to men and women feel about the repeal I think it is important for the Senate right a wrong, but we have that oppor- of this policy. The military undertook in our important role when it comes to tunity here today. This is a historic one of the largest and most comprehen- treaty ratification to make sure we are vote, one for which this Senate will be sive reviews in its history to make sure those most affected by this change had doing everything that is in the na- remembered for a long time. This is their views heard and incorporated. tional security interests of the United our opportunity to fix an outdated, dis- The in-depth, 9-month review included States and allows us in the best way criminatory and broken policy and to a comprehensive survey that was sent possible to defend this country and our strengthen America’s security. The to nearly 400,000 active duty and re- allies. United States, our military, and our serve component service members as If we are limiting in any way our security will be better off because of ability when it comes to the issue of well as 150,000 military spouses. this legislation. The review’s final report, released missile defense, we are putting in jeop- I completely agree with Defense Sec- several weeks ago, found that repealing ardy and at risk America’s national se- retary Robert Gates, who strongly en- this policy could be accomplished with- curity interests. So this treaty should dorsed the repeal and urged the Senate out undermining military readiness not be approved. It should not be ap- to pass this legislation before the end and can be initiated immediately. The proved certainly until some of these of the year. Secretary Gates and Amer- report found that more than two-thirds changes are made, and we can start ica’s military leadership understand of those questioned found that repeal today by eliminating the linkage and that this discriminatory policy under- would have no effect on cohesion, effec- the connection that exists today in the mines our national security and dimin- tiveness, unit readiness, or morale. preamble by striking and deleting that ishes our military readiness. We used to tell young Americans, language from the preamble of this A nation at war is a nation that ‘‘Don’t ask what your country can do treaty and making it very clear that needs the best, most qualified service for you.’’ Yet now we tell the very peo- the United States intends to preserve members we can find regardless of sex- ple who have answered that call, ‘‘don’t all options available to us when it ual orientation. At a time when nearly ask, don’t tell.’’ This is a civil rights comes to missile defense. 150,000 American men and women are issue. It is a moral issue, and it is a na- As I said before, this is something— serving in combat overseas, and at a tional security issue. Today, the Sen- this linkage was broken years ago time when our military is stretched ate has an historic opportunity to fix under the Bush administration. We thin across the globe, we simply cannot this broken and outdated policy. should not establish now the precedent afford to lose some of our finest sol- The PRESIDING OFFICER. The Sen- of allowing those issues to be linked diers. ator from Ohio. and to give the Russians an oppor- Since the policy was instituted in Mr. BROWN of Ohio. Mr. President, I tunity and an excuse to withdraw from 1993, more than 14,000 service members rise to echo the words of the distin- this treaty if the United States decides have been expelled from the military, guished Senator from New Hampshire, to proceed with what is in its own best and an estimated 4,000 service members Mrs. SHAHEEN, and her support of the national security interests. per year voluntarily leave because of repeal of don’t ask, don’t tell. It is im- So I would urge my colleagues on this discriminatory policy. One thou- portant for our military, it is impor- this amendment—this is an important sand of those expelled were badly need- tant for our values, it is important for amendment. We will hopefully have de- ed specialists with vital mission crit- human rights, it is important for our bate on other amendments. I have a ical skills, like Arabic speakers and country. couple of amendments to deal with the other technical experts. As we know, for nearly 17 years Fed- issue of delivery vehicles which I think Don’t ask, don’t tell also ignores the eral law has dictated that gay and les- is also a very important part of this realities of today’s combat environ- bian Americans serving or hoping to treaty. But there probably is no more ment, where American soldiers are serve in our Nation’s military must be important piece of this treaty than the fighting next to allied troops from silent about their sexual orientation. If issue of missile defense when it comes around the world. In fact, at least 12 that silence were broken, they would to the vital national security interests nations allowing gays and lesbians to face the grim consequences of an al- of the United States. serve openly have fought alongside most certain discharge. So I hope Members will, when this U.S. service members in Afghanistan. The don’t ask, don’t tell policy, as it vote comes up later today, vote in At least 28 countries, including our has become commonly known, is incon- favor of the McCain-Barrasso amend- closest allies, Great Britain, Australia, sistent with our American values. It

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22946 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 has robbed the military of valuable a victory for American values, a vic- have called for repeal of the policy. personnel who can contribute to mili- tory for human rights and, most impor- Secretary Gates, Secretary of Defense tary readiness and fulfillment of mis- tant, a victory for the American peo- for the Obama administration and for a sions at home and abroad. That is why ple. I ask support of the measure, a re- good while under the administration of I opposed this policy in the mid-1990s sounding vote out of this Senate to go President Bush, said: and have advocated for its repeal ever along with the House so the President I fully support the President’s decision. since. can sign this bill and end this policy The question before us is not whether the Throughout this debate I have heard that has not served the American peo- military prepares to make this change but from many Ohioans, including mem- ple well for much of two decades. how we best prepare for it. bers of our military, expressing pro- I yield the floor, suggest the absence So said Secretary Gates. found opposition to the policy of don’t of a quorum, and ask unanimous con- Admiral Mullen, Chairman of the ask, don’t tell. Ohioans such as Cadet sent that time under the quorum be Joint Chiefs of Staff, said in pertinent Katherine Miller, LTC Victor charged equally to both sides. part: Fehrenback, who spoke with me at one The PRESIDING OFFICER. Without It is my personal belief that allowing gays and lesbians to serve openly would be the of my Thursday morning coffees in the objection, it is so ordered. Capitol, MAJ Mike Almy, and many right thing to do. No matter how I look at The clerk will call the roll. this issue, I cannot escape being troubled by other advocates and servicemembers The assistant legislative clerk pro- the fact that we have in place a policy which have worked in their communities. ceeded to call the roll. forces young men and women to lie about They have walked the Halls of Con- Mr. KERRY. I ask unanimous con- who they are in order to defend their fellow gress to explain why don’t ask, don’t sent that the order for the quorum call citizens. For me personally, it comes down tell should be overturned. be rescinded. to integrity. Their experiences and that of those The PRESIDING OFFICER. Without His statement goes on from there. they represent are reminders that im- objection, it is so ordered. Former Secretary of State Powell portant battles remain in the fight for Mr. KERRY. Mr. President, it is my fully supports the change. I could go on human rights and justice in our coun- understanding that the Senator from from there, and I know folks have cited try. But we know for sure that history Pennsylvania is here and wants to military leaders in the debate. I keep is on their side. speak. Then, I think the Senator from coming back to this question. Sec- Today’s vote will affirm what mili- New Jersey is on his way over to speak. retary Mullen talked about integrity tary leaders from Defense Secretary Because there have been a number of and a policy that forces young men and Gates to GEN Colin Powell to Chair- speeches on the START treaty against women to lie. man of the Joint Chiefs of Staff Mi- it and a number of arguments laid out, Former National Security Adviser chael Mullen have been saying for I wish to have an opportunity to speak Jim Jones said, quoting in pertinent some time: Repeal of don’t ask, don’t to them. I ask unanimous consent that part, that the don’t ask, don’t tell pol- tell will make our military stronger. at 2:30 I be permitted to speak for icy: With our Nation at war, it is especially about 15 minutes. . . . has to evolve with the social norms. I important that our policies promote The PRESIDING OFFICER. Without think times have changed. The young men the recruitment and retention of the and women who wish to serve their country objection, it is so ordered. should not have to lie in order to do that. very best soldiers, regardless of their Mr. KERRY. I suggest the absence of race, religion, sexual orientation or I wish to focus on that part of it. How a quorum. can a policy long endure in this coun- gender. The PRESIDING OFFICER. The President Obama and Secretary try, especially as it relates to the mili- clerk will call the roll. Gates have conducted a year-long re- tary, that asks people to lie? Every day The assistant legislative clerk pro- view—which many people in this they to have get up and prepare them- ceeded to call the roll. Chamber in both parties, especially my selves for service and sometimes lit- Mr. CASEY. I ask unanimous consent Republican colleagues, asked for—on erally for battle, a life and death bat- that the order for the quorum call be the impact of fully and openly inte- tle. Every day this policy says: But you rescinded. grating lesbian and gay Americans into have to lie about it. You have to keep The PRESIDING OFFICER. Without the military. It is no surprise that the it a secret. You can’t let anyone know. objection, it is so ordered. report concluded that open service You have to lie. Mr. CASEY. Mr. President, I rise to poses no threat to our military readi- How can a policy endure in this coun- discuss the vote that will occur in a lit- ness or effectiveness. try that is based upon lying and not It is estimated that the don’t ask, tle more than an hour on the don’t ask, telling the truth? That is at the core of don’t tell policy has cost the American don’t tell policy. I have some basic our Republic, whether you talk about people somewhere between $300 and thoughts about it, coming from a State the rule of law or no man or woman is $500 million to implement. It has re- where we have contributed probably as above the law. All those statements, sulted in the discharge of almost 14,000 many or more soldiers to almost every all that philosophy is undergirded by soldiers—14,000 soldiers who were dis- major conflict we have had over the basic integrity, that we all try to live charged not for performance but be- last 100 years. We are a State that has by the same rules. If we are not telling cause of their sexual orientation. These over 1 million veterans. We have lost the truth and we are forcing folks who 14,000 Americans include hundreds of soldiers most recently in the conflicts are willing to serve their country to Ohioans who offered to lay down their in Iraq and Afghanistan. In Iraq, our put themselves in harm’s way, which lives for this country. They deserve killed-in-action number was just below doesn’t even begin to describe the sac- better than investigations and dis- 200. At last count, it was about 197. In rifice, some of these soldiers have not charge. They deserve acceptance, affir- Afghanistan, it is now up to 61, 62 who only served but been gravely, griev- mation and, most importantly, the have been killed in action. People in ously wounded and some, of course, right to serve openly and honestly in Pennsylvania know what war is about, have been killed in action in the cur- America’s military. what sacrifice is about, because so rent conflicts and many before that, it The strength of our Nation is meas- many families have contributed to that is a basic question about integrity. Are ured not just by the size of the econ- service and that sacrifice. we going to continue to support a pol- omy or the might of our military, it is When it comes to this change in pol- icy that calls upon people to lie? I measured by acts consistent with our icy we are advocating, I wish to focus don’t think the American people sup- values, the very values our service- on two basic considerations. One is port that. members defend and that define our basic integrity and the other is valor. Secondly, the basic and related ques- Nation’s greatness. We have had a number of statements tion of valor. We have public officials The repeal of don’t ask, don’t tell is made by senior military leaders, part across the country, Members of Con- a long overdue victory for our military, of this administration and others, who gress, public officials in our States who

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22947 stand on Veterans Day and all kinds of men and women who will volunteer to So far the military has been my source of days when we commemorate and pay serve, knowing that once they volun- work and income for the last 6 years. I don’t tribute to those who have sacrificed, teer, this is not sending you to some want that all taken away from me and me those who gave, as Lincoln said, the base somewhere for a couple of years being discharged anything but honorably. last full measure of devotion to their away from conflict—knowing that He says: country. There are a lot of speeches when you volunteer today—maybe this We face the same challenges as all other given and commendations accorded to was not true 10 or 15 years ago—but marines or soldiers but with an extra burden. people who have served the country. today when you volunteer, the likeli- Or another anonymous servicemem- But a lot of that will ring hollow if we hood of you seeing combat is very high. ber—a decorated Midwesterner, a shin- are saying there is one group of sol- So there is a special category of valor ing example of an American marine, diers whom we may not want to have and integrity for those who are willing with a chest full of ribbons—like oth- in the military, and if we want them to volunteer to serve their country, es- ers, he risked his life, but, like other in, then they are going to have to lie pecially when they know they could be marines denying who they are, he was about it. These are young men and sent into a firefight. deeply apprehensive about seeking the women who are the definition, the em- You do not have to take the word of medical care he needed when he got bodiment of service and valor and cour- one or another Senator, but I think we home for fear of being ousted and los- age. We can’t just get up as a politician can take the word and base our judg- ing everything he had worked and sac- and give a speech about patriotism and ment upon the experience of a Member rificed for, everything he had served then be willing to undermine our argu- of Congress, in this case from the for. ment and undermine our military by House, who has also served in the 82nd He suffered in silence, careful in saying we have to perpetuate a policy Airborne Division. We should remem- whom he confided, saying: ber his words, what folks at home will that doesn’t work and is in conflict You never know who you can trust. with who we are. care about. They care about ‘‘whether I want to read a quotation from you can handle your assault rifle.’’ An Arabic linguist—someone whose someone who has served in the Con- ‘‘Can you kick down a door?’’ ‘‘Can you talents we sorely need against some of gress for the last 4 years but someone do your job so you all come home the enemies we have today—named who has also served our country, some- alive?’’ Bleu Copas was discharged under don’t one I know, and he is a friend of mine— When we speak about this policy, ask, don’t tell, even though he was I put that on the record—but someone this is not theory. This is a debate, at never identified as gay and his accuser we are very proud of and the work he least, about two very important prin- never revealed himself. Imagine that, has done in both forms of service: as a ciples: valor, and whether we are going in a country that values the rule of law Member of Congress and serving in our to affirm the valor of others who serve and justice, that your accuser never military, and that is, Congressman and are willing to serve; and whether has to reveal themselves, never be sub- PATRICK MURPHY from Bucks County, we are going to have a policy based ject to cross-examination, never test- PA. For some who do not know their upon a core foundational principle of ing the veracity, the truthfulness of geography, that is on the east side of our democracy, which is integrity. what they are saying, and yet have this our State. He has been here in the Con- That is the basic question we have be- person be discharged. gress for 4 years. He will be leaving fore us. This is no way to run a military. We this month. But he has been a cham- Mr. President, I yield the floor. are talking about patriots. We are pion of repealing this policy, and he The PRESIDING OFFICER (Mr. talking about men and women who speaks with an integrity and a commit- BAYH). The Senator from New Jersey. want to serve, who are serving, who ment which I think is unmatched be- Mr. MENENDEZ. Mr. President, it is yearn to serve, who put their lives on cause he is not speaking about this pol- time to stop discrimination. It is time the line. icy theoretically, he is not speaking to repeal don’t ask, don’t tell. This is a When a C–17 from the 436th Airlift about this policy in a textbook sense, policy that should have been repealed Wing flies into Dover, DE, when rows he is speaking and has fought for the long ago—long ago. It should have been of flag-draped coffins fill a hangar and change in this policy from the vantage repealed for its discriminatory nature. the solemn dignity of fallen heroes It should have been repealed because point of someone who has served and brings silence and tears to all of us as the Defense Department’s own report who served in situations where he a nation, do we ask the faith, the color, makes it clear that those who point- could have been killed, sometimes the sexual preference under those lessly cling to this discriminatory, every day of the week. flags? I think not. Here is a part of what he has said. wrongheaded, shortsighted policy, by Listen to the arguments and ration- There are many things he has said claiming the mantle of national secu- ale of those military leaders who know about this, but he said: rity, have absolutely no ground—no best. ground—to stand on. Former Secretary of the Army The paratroopers from the 82nd Airborne Don’t ask, don’t tell is a ridiculous Division in the Army that I served with back Clifford Alexander said: in Iraq in 2003 and 2004, they didn’t care who notion, a bad policy, and a relic of a bygone era. It is keeping brave, able, The policy is an absurdity and borderlines you were writing letters back home to, if on being an obscenity. What it does is cause you had a boyfriend or a girlfriend. They educated, technically skilled, multi- people to ask of themselves that they lie to care whether you can handle your assault lingual, trained soldiers, men and themselves, that they pretend to be some- rifle. Can you kick down a door? Can you do women who want nothing more than to thing that they are not. There is no empir- your job so you all come home alive? defend their country from doing so. ical evidence that would indicate that it af- That is the challenge he presents to We are preventing them from making fects military cohesion. all of us, Congressman PATRICK MUR- our military even stronger, making it Former Chairman of the Joint Chiefs PHY, former member of the 82nd Air- better, and contributing to what we of Staff, General Shalikashvili, said: borne Division. This policy on the bat- need in a modern military force. In my Within the military, the climate has tlefield is not theoretical. It is con- view, a vote to repeal this antiquated changed dramatically since 1993. . . . sequential in at least one sense. If we policy is a smart vote. It is the right Conversations I’ve held with servicemem- continue the policy the way it is, we vote. It is the fair vote. It is a just bers make clear that, while the military re- are going to be less effective on the vote. It is a vote to keep our military mains a traditional culture, that tradition battlefield. If we continue the policy strong, keep good people in the mili- no longer requires banning open service by the way it is, we are going to have less tary, who want to serve. gays. people serving at a time when we need Americans who now must remain Three-star Retired LTG Claudia Ken- extra help. anonymous, such as an anonymous ma- nedy said: We need soldiers on the battlefield. rine currently serving in Afghanistan Army values are taught to soldiers from We need to continue to have young says: their earliest days in the Army. Those values

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22948 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 are: Loyalty, duty, mutual respect, selfless They can never get those years back. But Thank you, Mr. President. I yield the service, honor, integrity and personal cour- I hope they know that their sacrifice meant floor. age. We teach our soldiers that these are the something. Their courage and integrity The PRESIDING OFFICER. The Sen- values we expect them to live up to. helped a nation understand what it means to ator from Arizona. She goes on to say: serve. And that, more than anything else, helped bring about this historic change. Mr. KYL. Mr. President, I ask unani- I believe that as an institution, our mili- mous consent that the remaining Re- That is the vote I hope we will have— tary needs to live up to the values we de- publican time be equally divided be- one that creates historic change and mand of the servicemembers. . . . tween Senators MCCAIN, KYL, and SES- Military leaders need to respect all serv- honors the courage, the integrity, and SIONS. icemembers. We need to recognize that loy- the service of these men and women. alty and selfless service are exhibited equal- With that, Mr. President, I yield the The PRESIDING OFFICER. Without ly, by servicemembers of every color, gender floor. objection, it is so ordered. and sexual orientation. Mr. KYL. Mr. President, I note the Mr. KERRY. Mr. President, before I think about her words ‘‘selfless absence of a quorum. the Senator gets going, I think we have service.’’ When you voluntarily, in an The PRESIDING OFFICER. The an understanding. Just so the record is all-volunteer military, come forth as clerk will call the roll. clear, how much Republican time re- an American and say: I want to serve The assistant legislative clerk pro- mains at this point? my country, I am willing to put my life ceeded to call the roll. The PRESIDING OFFICER. Just in harm’s way in behalf of the defense Ms. KLOBUCHAR. Mr. President, I under 30 minutes. of the Nation and my fellow Ameri- ask unanimous consent that the order Mr. KERRY. So it is my under- cans, does that somehow get dimin- for the quorum call be rescinded. standing they will each have about 10 ished—that selfless service get dimin- The PRESIDING OFFICER. Without minutes. I think Senator KYL and Sen- ished—because you are gay? objection, it is so ordered. ator SESSIONS will speak, at which I think about personal courage. When Ms. KLOBUCHAR. Mr. President, I point I will have an opportunity to appreciate the Senator from Arizona you are on the battlefield, and you are speak, and then Senator MCCAIN, since and the Senator from Massachusetts being shot at, and when you are pro- it is his amendment, would have the allowing me to speak for a few min- tecting those who are in your com- last 10 minutes at that point. utes. The PRESIDING OFFICER. Without pany, and when you are injured, and I wish to lend my strong support as a when you are bleeding, does that per- objection, it is so ordered. cosponsor of the repeal of don’t ask, Mr. KERRY. I thank the Chair. sonal courage get diminished because don’t tell. I have always believed the you are gay? Mr. KYL. Mr. President, during one commitment of our top military lead- of the last votes, a Member came to me Certainly not. Certainly not. ers is critical to successfully imple- And most convincingly, and to the and said: I have not been able to follow menting the repeal of this policy. Since point, Retired Navy VADM and U.S. this debate. What exactly is the February of this year, we have heard McCain-Barrasso amendment? Congressman JOE SESTAK said this: testimony from Defense Secretary We have to correct this. It’s just not right. With all of the to-and-fro—having Gates as well as Chairman of the Joint votes on different subjects, then going I can remember being out there in command, Chiefs of Staff, ADM Mike Mullen. To and someone would come up to you and start back to the START treaty, then going to tell you—and you just want to say, no, I this day, both support the repeal of the back to a vote on don’t ask, don’t tell, don’t want to lose you, you’re too good, [too policy. then finally a vote on the McCain-Bar- valuable]. Admiral Mullen outlined his concern rasso amendment—I thought it would Let’s take the advice of these mili- with the policy pretty succinctly. He be good to recapitulate a little bit on tary leaders who know that this is a said: what exactly the McCain-Barrasso bad policy and it should be repealed. It No matter how I look at the issue, I cannot amendment is and why it is important. escape being troubled by the fact that we is a policy that the Pentagon report have in place a policy which forces young What the amendment does is it re- itself says, if repealed, presents little men and women to lie about who they are in moves language that relates to missile risk to military readiness and cohe- order to defend their fellow citizens. defense from the preamble. This treaty sion, and little effect on morale. Our country is literally asking our was supposed to be about offensive In fact, 62 percent of servicemembers servicemembers to lie. strategic weapons, not about missile responded to the Pentagon’s own sur- Earlier this year, Secretary Gates defense. In fact, we were told by an ad- vey that repeal of don’t ask, don’t tell called for a study of the repeal. That ministration spokesman that it would have a positive or no effect on study involved comprehensive polls of wouldn’t relate to missile defense, but morale. the U.S. military. After the December sure enough, there the words are. Why The PRESIDING OFFICER. The release of the report on the implemen- are they there? They are there because Democrats’ time is expired. tation of the repeal, we know the ma- the Russians insisted they be there. There is 15 minutes allocated to Sen- jority of our military members—70 per- Why did they insist they be there? Be- ator KERRY. He is not on the floor. cent of Active-Duty military and Na- cause for decades the Russians have Mr. MENENDEZ. As a member of tional Guard and Reserve—have said been fixated on U.S. missile defense, that committee, I ask unanimous con- this change will not have a negative trying to find ways to reduce the effect sent for 1 minute to finish this state- impact on their ability to perform of our missile defense on Russian stra- ment. their duties. tegic capabilities. They tried it at Rey- The PRESIDING OFFICER. Without So what we have is this: We have the kjavik with President Reagan. He said objection, it is so ordered. support of the top brass of our military no. They tried it again in the first Mr. MENENDEZ. Thank you, Mr. of the United States—something that START treaty. They tried it again in President. was incredibly important to imple- the Moscow Treaty of 2002. And they Let me close by quoting from a letter menting this policy change. We have have tried it again here. from the Human Rights Campaign. I checked that box. We have the support The difference between this treaty think it puts it purposely and exactly: of the majority of our soldiers in the and the previous times is that the . . . take a moment to truly comprehend field, who basically said they can live United States always pushed back and the lives ruined over the last 17 years be- with this policy change or they can said: No, we are going to rely on mis- cause of this discriminatory law. The sol- live with serving with a soldier who ad- sile defense. It is the moral thing to do. diers, sailors, airmen, translators, doctors mits they are gay. The last thing we We are not going to get into quid pro and more, whose military careers were ended, whose livelihoods were threatened, have is this body, this Chamber, and quos with you where we have to reduce whose friendships were cut off, all because today is the day we checked that box. our missile defense if you reduce your the forces of bigotry and fear held out for so Today is the day we voted for the re- strategic offensive weapons or some long. peal. other agreement like that.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22949 In the START I treaty, when the concerns that must be addressed in the of delivery vehicles above where the Russians said in their signing state- ratification process. Russians are right now. They could ac- ment: We find this interrelationship, I am quoting now: tually build up to the level of about and the United States should not ad- The Senate must make absolutely clear 140, as I recall, to get up to the level of vance its missile defense capabilities, that in ratifying this treaty, the U.S. is not 700. the United States pushed back strongly reestablishing the Cold War link between of- The point is, both countries are re- in our statement and said no, that fensive forces and missile defenses. New ducing the levels to the point that we would not be a grounds for withdrawal START’s preamble is worrying in this regard as it recognizes the interrelationship be- need, not because of an arms control from the treaty and the Russians need tween the two. treaty but because it is in our national to understand that. They never did What this language from Senators interests to do so. withdraw even though we did withdraw BARRASSO and MCCAIN does is simply Secondly, the President said that from the ABM Treaty so we could build remove that language from the pre- without this treaty, we will risk turn- missile defenses. amble, thereby removing the thorn, re- ing back the progress we have made in Well, once again, they have put it in moving the contention, the potential our relationship with Russia. I will just the preamble this time and then, in and I would say almost certain conflict repeat what I have said before. Sec- their signing statement, made very that is due to arise between our two retary Kissinger and others who have clear their intent that the inter- countries when the time comes that we spoken to this point have always relationship between the two means do build a missile defense that the Rus- warned: Don’t predicate the support for that if our missile defenses are ever de- sians don’t want. a treaty on improving your relation- veloped to a point where they consider They say: We are going to withdraw ship with someone. The treaty should it qualitatively or quantitatively bet- from the treaty. relate to reducing arms or whatever ter than it is currently, then they We say: You can’t do that; that is not the subject of the treaty is. It should would have the right to withdraw from an extraordinary circumstance. not be based on anything other than the treaty; that that would qualify as They say: Yes it is. We identified it that or you get into a morass of always one of the exceptional circumstances as such at the time we signed the trea- trying to please the other side and under article XIV, which is the with- ty, and we are going to leave the trea- risking that they will withdraw from drawal clause of the treaty. Why do ty. the treaty. they want to do that? Obviously to put And then the U.S. President has a di- Third, the President said that it is pressure on the United States not to lemma: Do we pull back on our missile about the safety and security of the develop our missile defenses in a way defenses or allow the Russians to with- United States of America. I have yet they don’t want. They will threaten to draw from the treaty and all that will for anybody to tell me what threat we withdraw from the treaty if we begin portend? are reducing by agreeing with the Rus- to do that. Some Presidents—I suspect That is why this is important. The sians that both of us are going to re- the existing President, for example— amendment cures the problem by sim- duce our delivery vehicles and war- would therefore be very wary of going ply removing that language from the heads. Actually, the Russians don’t forward with missile defense plans if preamble. have to reduce theirs; they could actu- that means the Russians would with- In the remaining time, I wish to ally build up under the treaty. I don’t draw from the treaty. briefly respond to four points the think we see any big threat there. My colleague Senator KERRY says: President made in his weekly address Finally, the President said that Well, the preamble is a meaningless today relating generally to the same every minute we drag our feet is a document. It is a throwaway docu- subject. minute we have no inspectors on the ment. It doesn’t mean that much. But One of the first points he made is he ground at those Russian nuclear sites. he also says: However, if we change one talked about the number of nuclear We just talked about the fact that we comma in the preamble, it will be a weapons—about 25,000 on each side— have this reset relationship with the treaty-killing amendment. and the decades that have ensued since Russians, and we need to continue At first, I said: Well, both of those the Cold War. Those numbers have things can’t be true. It can’t be both these good relationships, but we can’t come down dramatically, and he said trust them, so we have to get our folks meaningless and of ultimate impor- that progress would not have been pos- tance, that it would kill the treaty if on the ground verifying what is going sible without strategic arms control on right now. As I pointed out before, we changed it. treaties. On reflection, I think Senator KERRY the administration created this prob- Yes, it would have. It was happening lem on its own. We could have had a actually has it right, partially. To the anyway. Both sides were willing to United States, it is meaningless. Our bridging agreement. We could have draw both of their delivery vehicles simply extended the verification provi- negotiators didn’t care what the Rus- and warheads down because they sians put in there. It doesn’t mean any- sions of the previous START treaty, couldn’t afford to keep them. In fact, but the Russians didn’t want to do thing to us, but it means everything to after the end of the Cold War, the the Russians, and that is why I think that, we are told. Fine, they didn’t United States, under President Bush, want to do that. That doesn’t mean we Senator KERRY is right. said: We are reducing ours, and Russia, This would be a big problem for the had to agree that we will abide by their you can do whatever you want to do. wishes when it comes to verification. Russians. Why is that so? Because even We knew they couldn’t afford to keep though we were willing to walk away theirs any more than we could keep My colleague says: Well, you can’t from that commitment we had always ours, and they weren’t reducing theirs. get them to do something, so we signed made in the past that there wouldn’t The Russians came to us and said: the treaty the way the Russians want- be this connection between defense and Gee, we need a treaty. ed in this regard, and we just have to offense, the Russians got it in here, and We said: Why? We don’t care how live with that. The administration it means everything to them because it many you have. We are reducing ours. might have to live with that, but the creates the predicate for their with- Eventually, we said: OK. If you want Senate is not a rubberstamp, and it drawal from the treaty, and that is a treaty, fine. seems to me the Senate has a right to what they are trying to establish. It was a three-page treaty, but it had say: You let the verification procedures I will close this point by quoting no connections with missile defenses or lapse; you didn’t have to do that. from Dr. Condoleezza Rice, who wrote anything the Russians wanted. Senator LUGAR had a bill that related an op-ed in the Wall Street Journal in The point is, it didn’t require a trea- to the extension of the legal regime which she said we needed to do some- ty for us to bring those levels down. whereby both sides would be able to thing about this in our ratification How about the delivery vehicles? continue to have presence in the other process. She said there are legitimate This treaty actually fixes the number country. We knew that was a problem

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22950 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 at the time. For some reason, the ad- treaty unless we agreed not to proceed The PRESIDING OFFICER. The Sen- ministration didn’t pursue it—I sup- with missile defense. He said no deal. ator used 6 minutes of his time. pose because the Russians said no, but They insisted, and he said no deal. Mr. SESSIONS. I thank the Chair. It that doesn’t mean the U.S. Senate has They said: We won’t have a treaty if is a different thing. It would be ready to say: OK, the Russians just say no, you don’t agree. He said: Well, we only by 2020. So I contend that this ad- and I guess we have to go along with won’t have a treaty. We don’t have a ministration, as part of the negotia- that. treaty with England, India, Pakistan, tions over this treaty, in their too-anx- The point here is that I don’t think China, or France, who have nuclear ious-desire to get this treaty, to reset any of the arguments President Obama weapons. We don’t have to have a trea- the relationship with the Russians, has made require that we ratify this ty with you. We are bringing our num- which we of course want to do, made a treaty this week. I would urge my col- bers down anyway, and you are, too. very serious error in capitulating on leagues to seriously consider what Dr. We would like to have a treaty, but we the third site—sending shock waves Condoleezza Rice has said, what Sen- are not going to limit our missile de- among our sovereign nation allies in ator MCCAIN and others have said here fense. The Russians signed that treaty. Central Europe, which used to be a part about the necessity of cleaning up this Now we come and they start the of the Soviet empire. They have made preamble so that we don’t reestablish same bluster against the Obama ad- concessions that are significant. the link with missile defense and in- ministration, which, unfortunately, As a matter of fact, they pretend it hibit U.S. ability to proceed with mis- gave in. These negotiations started had nothing to do with the treaty, but sile defense plans in the future. early in the year. The treaty negotia- I would say there is no doubt that the The PRESIDING OFFICER. The Sen- tions started in March of 2009. By Sep- abandonment of the Polish site was a ator from Alabama. tember of 2009, President Obama uni- way to gain support of the Russians as Mr. SESSIONS. Mr. President, I laterally announced, to the shock of part of the negotiations in this treaty. would ask to be notified after 6 min- our Polish and Czech allies, that we And we now have this ephemeral, utes. were not going forward with the Polish chimeric vision of a 2020 entirely new I wish to thank Senator KYL and site—much to the delight of the Rus- missile system for Poland that may or Senator MCCAIN for their leadership on sians, who had achieved a significant may not ever reach fruition. this issue and state that I believe the victory in a negotiating point that had Those are my concerns. The McCain McCain amendment is perhaps the gone on for many years. amendment would say let’s get this most critical amendment that will be So to say that this treaty has noth- straight with the Russians and make raised during this debate because the ing to do with missile defense is not Congress know that if it requires a new future of missile defense is critically correct. Did the Russians say, thank negotiation with the Russians, so be it. important for America. you, we will be glad to work with you Maybe we can reach an understanding. I chaired the Subcommittee on Stra- on the treaty? No, they still wanted You could never enter into a treaty or tegic Forces in the Armed Services language in the treaty that put them any contract in which the parties have Committee. I have been the ranking in a position to walk away from this a serious misunderstanding or actual member of the subcommittee and a treaty any time they wanted to if we disagreement on a critical part. member of the committee for 12 years, deployed a missile defense system in I thank the Chair and reserve the re- and I know all of the history on this Europe. They got it in there, in the mainder of the time on this side. issue. It has gone on for a great deal of preamble. It leaves not just an ambi- The PRESIDING OFFICER. The Sen- time. guity, as I said earlier, it is a mis- ator from Massachusetts is recognized. I believe missile defense is critical to understanding, or a disagreement of a Mr. KERRY. Mr. President, would our national security. We have in- central issue. Repeated Russian state- you inform me when I have used 4 min- vested billions of dollars over 30-plus ments indicate they believe that if we utes? years developing it, and now that we move forward quantitatively or quali- The PRESIDING OFFICER. Yes. are actually deploying it in Alaska and tatively with a missile defense system, Mr. KERRY. Our colleagues are California, it is proving to be a shield then they would have a right to get out fighting against a phantom. All of this that will work. of the treaty. argument they have been going on for We had plans for a long time to de- I can hear what would happen in the several days with is about language ploy a site in Central Europe. The Bush Senate if we start deploying a missile that has no binding impact on this administration negotiated with the defense system in Europe. A lot of our treaty whatsoever. Senator KYL ac- Poles and Czechoslovakia. They signed colleagues would say: If we do that, the knowledged that yesterday. He also ac- agreements that they would allow a Russians will get out of the treaty. We knowledged that if you change it, it re- radar base in the Czech Republic and a can’t do that. It will make it difficult. quires this treaty to go back to the missile base in Poland. In addition, the system we were Russian Government, and then we When President Obama was elected, going to deploy was a GBI two-stage don’t have this treaty. We don’t have the Russians immediately started missile in central Europe, Poland. The any verification for whatever number pushing back on our missile defense President stopped this. It was ready of months that follow. I will come back plans for reasons I have never fully un- and able to be deployed by 2016. It is to that. derstood. We are only talking about 10 the same system we have in the United A moment ago, Senator KYL said the defensive missiles against hundreds— States, except it is two-stage instead of Russians didn’t want to continue the hundreds, maybe thousands—of Rus- three. The National Intelligence Esti- verification methods of START. He sian missile and launch vehicles. It mate shows that Iran can reach the somehow insinuates that because they would in no way threaten their power. United States with a ICBM, and now didn’t want to continue it, what we Some experts—and I am inclined to they are developing nuclear weapons, have here is something less than what agree—thought it related more to the and they can do it by 2015. We were try- we ought to have for ourselves. Russian concern about us having a de- ing to get this system in by 2016. When We didn’t want to continue the veri- fense relationship with Czechoslovakia they canceled this, it caused an uproar. fication and process of START as it ex- and Poland, but I don’t know. For some The White House said: Don’t worry, we isted. In fact, the Bush administration reason, it has been a big deal for them. have a new plan—one I had never heard was told that. He knows that. This is They have pushed back very hard. about. We are going to do an SM–3 phantom debate, what we have going From the Bush administration, Doug Block 2B. We are working on it. Well, on here. The target is the treaty itself, Feith, in a Wall Street Journal article have you started? No. Is it under devel- not this language, because this lan- recently said—he negotiated in 2002— opment? We just conjured this up. It is guage doesn’t have any legal binding that they pushed back on it at that a bigger, rounder missile than the ex- impact on the treaty. In a moment, I time. They said they would not sign a isting SM–3, and it is quite different. will share what impact it has.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22951 Our friends on the other side of the about why this is so critical. The other our Article 5 commitment of collective de- aisle are supplanting their judgment side is trying to minimize this, saying fense, requires that the Alliance develop a for the judgment of Secretary Gates. you can’t say that language has no territorial missile defense capability. We have the right to do that, and you legal binding authority, it is not that It goes on to talk about that capa- can do that. But I ask people to weigh important, and turn around and say we bility. Then he says this, which is crit- whether Secretary Gates, who was ap- can’t change it. That is the nub of ical with respect to this debate. This is pointed by George Bush and held over their argument—that we have to be the President’s letter to the leadership: by President Obama, has anything ex- able to change it because, if we don’t In signing the New START Treaty, the cept the interests of our country at change it, somehow nonbinding lan- Russian Federation issued a statement that heart when he makes this statement in guage is enough for us to say let’s have expressed its view that the extraordinary his testimony: no verification at all. It is a strange events referred to in Article XIV of the Trea- ty include a ‘‘build-up in the missile defense So, you know, the Russians can say what tradeoff. Here is why it matters. Because the capabilities of the United States of America they want, but, as Secretary Clinton said, such that it would give rise to a threat to these unilateral statements are totally out- preamble is in the instrument that is the strategic nuclear potential of the Rus- side the treaty. They have no standing. They transmitted to the Senate. Even sian Federation.’’ Article XIV(3), as you are not binding. They never have been. though it is not the binding component know, gives each Party the right to with- Do you know what the Soviets said of it, the rules by which we all play are draw from the Treaty if it believes its su- at the U.S.-Soviet negotiations on nu- that if you change a comma, or one preme interests are jeopardized. clear space arms concerning the inter- word, that change has to go back to the The United States did not and does not relationship between strategic defen- Government of Russia, and they have agree with the Russian statement. We be- sive weapons compliance with the trea- to decide what they want to do. Why is lieve that the continued development or de- that important relative to this lan- ployment of U.S. missile defense systems, in- ty—and this is START I. They said: cluding qualitative and quantitative im- In connection with the treaty between the guage? Because the public position provements to such systems, do not and will United States of America and the Union of that they fought for in this negotiation not threaten the strategic balance with the Soviet Socialist Republics on reduction and was to achieve binding restraints on Russian Federation, and have provided pol- limitations of strategic defensive arms, the U.S. missile defense. That is what they icy and technical explanations to Russia on Soviet side states the following: This treaty wanted. And as Secretary Gates said— why we believe that to be the case. Although may be effective and viable only under con- every general and admiral who has the United States cannot circumscribe Rus- ditions of compliance with the treaty be- looked at this, including Admiral sia’s sovereign rights under article XIV, tween the United States and the USSR on paragraph 3, we believe the continued im- the limitation of antiballistic missile sys- Mullen and General Chilton, have all said they didn’t get that. They didn’t provement and deployment of U.S. missile tems as signed May 26, 1972. defense systems do not constitute a basis for That was their signing statement, win that point. We won that point. In questioning the effectiveness and viability of just like this signing statement. Guess any negotiation, when somebody needs the New START treaty and, therefore, would what. The United States of America something to be able to feel good, or not give rise to circumstances justifying deal with their own politics, sometimes saw our national security interests in Russia’s withdrawal from the treaty. you let them have a little something Regardless of Russia’s actions in this re- getting out from under the ABM Trea- that is meaningless to you but may gard, as long as I am President and as long ty. We got out from under the ABM mean something to them. That is what as the Congress provides the necessary fund- treaty. This language, just like the we gave them. Take it away and you ing, the United States will continue to de- language we are debating today, meant velop and deploy effective missile defenses to open this whole treaty. Then they have nothing at all. They stayed in the trea- protect the United States, our deployed to figure out how they deal, in other ty. They didn’t pull out. So we are de- forces, and our allies and partners. My ad- terms, with those politics. I will wait bating something that has no impact ministration plans to deploy all four phases until the classified session that we are whatsoever on this treaty. of the EPAA. While advances of technology going to have on Monday. I can’t go or future changes in the threat could modify Let me go a little further. Secretary into it here, but I will lay out why this the details or timing of the later phases of Gates said further: treaty is good for the United States the EPAA—one reason this approach is So from the very beginning of this process, and why we believe reopening it would called adaptive—I will take every action more than 40 years ago, the Russians have available to me to support the deployment of hated missile defense. be dangerous. That is why this amend- all four phases. It’s because we can afford it and they ment is dangerous, because it will re- Sincerely, Barack Obama, President of the can’t. And we’re going to be able to build a open this and will force—it doesn’t con- United States. good one, and are building a good one, and strain us in the least, and the extent to I think this letter speaks for itself. I they probably aren’t. which that is true, I think, will be un- think the facts are history. I think the And they don’t want to devote the re- derstood by a lot of colleagues in that sources to it, so they try and stop us from testimony of Secretary Gates and all doing it, through political means. This trea- session. those others who have come before us To make this even more clear, the ty doesn’t accomplish that for them. that makes it clear the United States President of the United States has My God, after several days, either has no constraints on missile defense written a letter today to Majority the Secretary of Defense—and how whatsoever, makes clear this amend- Leader HARRY REID and to Minority about LTG Patrick O’Reilly, whose job ment is not necessary, and this amend- Leader MCCONNELL. In the letter, it is to defend the United States ment carries with it dangerous impli- which Senator REID has shared with cations for the ultimate ratification against missile attack. He is the man me, it says from the President: who runs this agency day to day. You implication of the treaty. The New START Treaty places no limita- know what he said: I reserve the remainder of my time. tions on the development or deployment of The PRESIDING OFFICER. The Sen- Relative to the recently expired START our missile defense programs. As the NATO Treaty, New START Treaty [this treaty we Summit meeting in Lisbon last month un- ator from Arizona. are voting on] actually reduces constraints derscored, we are proceeding apace with a Mr. MCCAIN. How much time do I on the development of the missile defense missile defense system in Europe designed to have? program. provide full coverage for NATO members on The PRESIDING OFFICER. About 13 We have our own leader of the Missile the continent, as well as deployed U.S. minutes. Defense Agency telling us that this is forces, against the growing threat posed by Mr. MCCAIN. I will reserve at least an advantage for the United States of proliferation of ballistic missiles. The final the last 3 minutes for my colleague, phase of the system will also augment our America. Senator KYL. current defenses against intercontinental The PRESIDING OFFICER. The Sen- ballistic missiles from Iran targeted against The PRESIDING OFFICER. Very ator has used 4 minutes. the United States. good. Mr. KERRY. I thank the Chair. Let All NATO allies agreed in Lisbon that the Mr. MCCAIN. As we all know, we will me get to the heart of the argument growing threat of missile proliferation, and vote very quickly on the amendment to

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22952 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 the New START treaty. I have offered Russian Government the political tool preamble and article XIV of the treaty, this amendment along with the Sen- they have sought for so long to bind which establishes the rights of the par- ator from Wyoming, and this amend- our future decisions and actions on ties to withdraw from the treaty and ment is an important and seminal one. strategic defensive arms. the conditions under which they may It is focused on a key flaw in the trea- Imagine a world, a few years from do so. ty—the inclusion in the preamble of now, when—God forbid—an Iran or In short, the Russian Government the following clause. I wish to read it North Korea or some other rogue state seems to believe this nonbinding polit- in full. We have read it before, and I has developed and deployed longer ical agreement is the pretext for a don’t understand how the letter the range ballistic missiles and a legal obligation under the treaty itself, Senator from Massachusetts just read deployable nuclear capability much and if the United States builds up its would not then force us to negate this earlier than we assessed. Imagine we missile defense, Russia will withdraw part of the treaty, which says: are faced with a situation where un- from the treaty. Recognizing the existence of the inter- foreseen events compel us, for the sake Let’s listen to what the Russian lead- relationship between strategic offensive of our national security and that of our ers have said. I mean, this is not made arms and strategic defensive arms, that this allies, to improve our current systems up. This is what they have said. interrelationship will become more impor- or to develop and deploy new systems The Russian Foreign Minister, on tant as strategic nuclear arms are reduced, and the current strategic defensive arms do in order to counter a new and far great- March 28, 2010—this year—said this: not undermine the viability and effective- er threat than we expected. Then con- The treaty and all obligations it contains ness of the strategic offensive arms of the sider what the Russian Federation said are valid only within the context of the lev- Parties. in a unilateral statement at the sign- els which are now present in the sphere of This language carries a lot of histor- ing of the treaty. strategic defensive weapons. ical significance and strategic weight This is the statement of the Russian What could be more clear? Here he because it recognizes an interrelation- Federation—something that if the Sen- says again, in April of 2010—April this ship between nuclear weapons and mis- ator from Massachusetts is correct, we year. sile defense. Some believe this type of should be able to clarify by asking for Linkage to missile defense is clearly linkage was appropriate during the a statement from the Russian Federa- spelled out in the accord and is legally bind- Cold War, when the United States and tion repudiating what they said at the ing. the Soviet Union were existential en- time of the signing statement. This is I mean, if there is any clarification emies, with the means to annihilate what they said: for that statement from the preamble, each other. But it is not appropriate The treaty between the Russian Federa- he just gave it—at least what the Rus- for today, when the United States and tion and the United States of America on sian version is. the Russian Federation, for all our dif- Measures for the Further Reduction and Here is President Dmitry Medvedev ferences, are not devoted to one an- Limitation of Strategic Offensive Arms on November 30—18 days ago. other’s destruction and when one of the signed at Prague on April 8, 2010, may be ef- Either we reach an agreement on missile greatest threats to our national secu- fective and viable only in conditions where defense and create a full-fledged cooperation there is no qualitative or quantitative build- mechanism, or if we can’t come to a con- rity comes from rogue states such as up in the missile defense system capabilities Iran and North Korea, which are devel- structive agreement, we will see another es- of the United States of America. calation of the arms race. We will have to oping nuclear weapons and increas- That is clear language. That is clear, make a decision to deploy new strike sys- ingly better means to deliver them. In unequivocal language, and I will repeat tems. today’s world, with so many new and it: Finally, here is Prime Minister constantly evolving threats, the United Vladimir Putin on ‘‘Larry King Live.’’ States can’t be limited in the develop- . . . where there is no qualitative or quan- titative buildup in the missile defense sys- Larry, we will miss you. I have quoted ment, deployment, and improvements tem capabilities of the United States of him so many times. This was on of missile defense systems that we America. Consequently, the extraordinary ‘‘Larry King Live’’ on December 1, 2010. deem to be in our national security in- events referred to in Article XIV of the Trea- If the counter missiles will be deployed in terest. ty also include a buildup in the missile de- the year 2012 along our borders, or [2015], I am concerned, as are many of my fense system capabilities of the United they will work against our nuclear potential States of America such that it would give colleagues, that the Russian Govern- there, our nuclear arsenal. And certainly rise to a threat to the strategic nuclear force ment believes this clause from the pre- that worries us. And we are obliged to take potential of the Russian Federation. amble confers a legal obligation on the some actions in response. United States which constrains our That is a very clear statement. It is This is a troubling situation. And it missile defenses. Ever since President unequivocal as to what the Russian must be corrected by this body. Let me Reagan proposed a Strategic Defense Federation is saying. One of the things quote again from the recent op-ed by Initiative, the Russians have sought to Senator GRAHAM and I and others have former Secretary of State Condoleezza limit our strategic defensive arms. said is: Hey, why don’t we just drop a Rice in the Wall Street Journal: letter to the Russian Ambassador or to They have sought to limit our missile The Senate must make absolutely clear defense programs through legal obliga- Vlad or whomever and ask them, clar- that in ratifying this treaty, the United tions, and failing that, with political ify this, will you? Are you standing by States is not reestablishing the Cold War commitments or agreements that could your statement you made at the sign- link between offensive forces and missile de- be cited to confer future obligations. ing? Is that the Russian Federation’s fenses. New START’s preamble is worrying Words matter. Words matter. official policy that has not been re- in this regard, as it recognizes the inter- To open ourselves to this type of po- voked? relationship of the two. litical threat by accepting an outdated This is the Russian interpretation of Now that is a statement by our interrelationship between nuclear what our two governments have agreed former Secretary of State, who, by the weapons and missile defense is wrong. to in the preamble. They seem to be- way, wants this treaty ratified, but she Furthermore, by saying that ‘‘current’’ lieve this clause limits U.S. missile de- also wants us to fix this. This amend- missile defenses do not undermine the fense systems. They seem to believe ment fixes it—this amendment. treaty’s viability and effectiveness, the language in this clause about ‘‘the I appreciate the letter from the this clause from the treaty’s preamble effectiveness and viability of the Trea- President of the United States. I am establishes that future missile defense ty’’ means that any buildup or im- very grateful for it. But the fact is, let- deployments could undermine the trea- provement in U.S. missile defense sys- ters are letters and Presidents don’t ty, thereby establishing a political tems would undermine the treaty. last forever. But binding treaties do, threat the Russian Federation could They seem to believe there is a clear until they are either broken or they use to try to constrain U.S. missile de- and legally binding connection between are revoked. To have right in the be- fenses. In short, we have handed the what was agreed to in this clause of the ginning, at the preamble, a clear and

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22953 unequivocal statement that any im- On the issue of ICBM silo conversion means. What does that mean? When provement in our defensive weapon for missile defense, which the treaty would those effective defenses be de- missile systems will then be grounds prohibits, this is not a constraint on ployed? Iran intelligence tells us they for withdrawal from the treaty is not our missile defense plans or programs. will have an ICBM by 2015—an ICBM anything we should let stand. As Lieutenant Gen. Patrick O’Reilly, that would require something like the The simplest way— the Director of our Missile Defense GBI to intercept. But we are told the The PRESIDING OFFICER. The Sen- Agency said on June 16th: ‘‘replacing GBI is—well, A, we are not told wheth- ator has 3 minutes remaining. ICBMs with Ground-Based Interceptors er the GBI is a contingent backup plan; Mr. MCCAIN. I thank the Chair. Let or adapting Submarine-Launched Bal- and, B, we are not told whether it will me finish. listic Missiles to be an interceptor be ready before 2017, which I find The Senator from Wyoming and I are would actually be a setback—a major strange. Because I think we already proposing the amendment which will setback—to the development of our have 24 GBIs in Alaska and California, simply strike the language from the missile defenses.’’ and I don’t know why we can’t build preamble itself. I urge my colleagues On the subject of the unilateral some more to deploy in Europe. to support the amendment, and I yield statements, these are not part of the So I don’t know what to make of this the remainder of my time to the Sen- treaty and do not in any way constrain letter. Obviously, it comes at the last ator from Arizona. our missile defenses. We faced a nearly minute and hasn’t been sent to us, and Mr. KYL. Mr. President, how much identical situation with the original I don’t see how we can base a vote on time is remaining? START treaty, where Russia issued a such a letter. The PRESIDING OFFICER. I believe The PRESIDING OFFICER. The Sen- unilateral statement saying that if we all time has expired. The Senator from ator from Arizona has 2 minutes 10 sec- withdrew from the ABM Treaty, that Tennessee. onds remaining. would constitute grounds for their Mr. CORKER. Mr. President, I would Mr. KYL. Mr. President, is there any withdrawal from the START treaty. like to just interject, with tremendous time remaining on the Democratic Guess what. We did withdraw from the respect for my friend from Arizona, side? ABM Treaty, but Russia did not with- this letter is something that actually I The PRESIDING OFFICER. Twenty- draw from START. Our unilateral have been seeking too. I know a num- five seconds. statement makes clear that we intend ber of us have asked the President to Mr. KYL. Is there anyone who would to develop and deploy missile defenses, send this letter. I am glad he sent it. like to take the 25 seconds? regardless of the Russian statement. I am going to support the McCain Senator LEVIN will take the remain- The PRESIDING OFFICER. Time has amendment and wish this was not in ing 25 seconds? expired. the preamble. I talked to General Cart- Mr. LEVIN. If no one else wants it, I The Senator from Arizona. wright yesterday who, by the way, has will be happy to take it. Mr. KYL. Mr. President, to say the reiterated about what was said about The PRESIDING OFFICER. The Sen- treaty doesn’t constrain the United the missile defense system. The pre- ator from Michigan. States misses the point of the argu- amble in no way limits it. But I wish to Mr. LEVIN. Mr. President, let me ment we have been trying to make over say this letter is something I am glad just say that General Chilton, who is the course of the last day and a half. was sent. I asked for this letter, as the commander of our U.S. Strategic What the Russians have done is es- numbers of people on our side have Command, told the Armed Services tablish a legal pretext for withdrawal asked for. Committee on July 20: from the treaty. They have been very Mr. LUGAR. If the Senator will As the combatant command also respon- clever about it, and up to the time we yield, let me respond. The President sible for synchronizing global defense plans, had been told the President had sent us sent a copy of the letter to Senator operations, and advocacy, I can say with a letter, there was no pushback from MCCONNELL, our leader. Both leaders confidence that this treaty does not con- the United States. got the letter. strain current or future missile defense I haven’t seen this letter, so it is a The PRESIDING OFFICER. Under plans. little hard to comment on it. It has the previous order, all postcloture time The McCain amendment would be a been given to us 15 minutes before the has expired and the motion to concur treaty killer, and for that reason alone vote is supposed to start. It hasn’t been with amendment No. 4827 is withdrawn. the Senate should defeat it. shared with us. We have no idea what The question now is on agreeing to On the issue of the interrelationship all it says. We have Senator KERRY’s motion to concur in the House amend- of offensive and defensive arms, which quotation of certain parts of it. It is ment to the Senate amendment to H.R. is the text of the Preamble, President obviously a last-ditch effort to try to 2965. George W. Bush agreed that such an win votes or preclude an amendment Mr. KERRY. Mr. President, I ask for interrelationship exists. In a joint from passing. It shows the administra- the yeas and nays. statement with President Putin of July tion is scrambling and making it up as The PRESIDING OFFICER. The yeas 22, 2001, they said: ‘‘We agree that it goes along. That is not the way to and nays have been requested. Is there major changes in the world require deal with a serious subject such as this. a sufficient second? There appears to concrete discussions of both offensive Does the letter commit to the GBI— be a sufficient second. The clerk will call the roll. and defensive systems . . . We will or the ground-based missile—backup The bill clerk called the roll. shortly begin intensive consultations for the phased adaptive approach, as Mr. DURBIN. I announce that the on the interrelated subjects of offen- was originally announced? Well, I don’t Senator from West Virginia (Mr. sive and defensive systems.’’ know whether it says that. Does it re- MANCHIN) is necessarily absent. As all our senior civilian and mili- pudiate the signing statement of the Mr. KYL. The following Senators are tary officials acknowledge, the treaty United States Department of State necessarily absent: the Senator from does not limit our missile defense plans issued by Secretary Tauscher, which of Kentucky (Mr. BUNNING), the Senator or programs. Gen. Kevin Chilton, the course conflicts with the letter and is from New Hampshire (Mr. GREGG), and Commander of U.S. Strategic Com- the official position of the U.S. Govern- the Senator from Utah (Mr. HATCH). mand, told the Armed Services Com- ment? Does it conflict with the briefing Further, if present and voting, the mittee on July 20th that ‘‘As the com- in Lisbon, where the phased adaptive Senator from Utah (Mr. HATCH) would batant command also responsible for approach was discussed, and revealed have voted ‘‘nay,’’ and the Senator synchronizing global missile defense deployment of the first three phases from Kentucky (Mr. BUNNING) would plans, operations, and advocacy, I can but the fourth phase only being avail- have voted ‘‘nay.’’ say with confidence that this treaty able? When will the deployment occur? The PRESIDING OFFICER. Are there does not constrain any current or fu- The letter, apparently, says we will any other Senators in the Chamber de- ture missile defense plans.’’ have effective defenses—whatever that siring to vote?

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22954 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 The Chair will remind the galleries Treaty with Russia on Measures for Fur- I yield whatever remaining time I that expressions of approval or dis- ther Reduction and Limitation of Strategic have to the chairman of the Armed approval are not in order. Offensive Arms. Services Committee. The result was announced—yeas 65, Pending: The PRESIDING OFFICER. The Sen- nays 31, as follows: McCain/Barrasso amendment No. 4814, to ator from Michigan. [Rollcall Vote No. 281 Leg.] amend the preamble to strike language re- Mr. LEVIN. Mr. President, every one garding the interrelationship between stra- YEAS—65 of our military leaders has said to the tegic offensive arms and strategic defensive Armed Services Committee and I be- Akaka Feinstein Murray arms. lieve they have reiterated to the For- Baucus Franken Nelson (NE) The PRESIDING OFFICER. There Bayh Gillibrand Nelson (FL) eign Relations Committee that there will be 4 minutes of debate equally di- Begich Hagan Pryor are no constraints in this treaty on Bennet Harkin vided on the McCain amendment. Reed missile defense, period, end of quote. Bingaman Inouye Reid The Senator from Wyoming. Boxer Johnson Rockefeller Mr. BARRASSO. Mr. President, cur- These are our top military leaders. Brown (MA) Kerry Sanders They are in charge of missile defense. Brown (OH) Kirk rently the New START treaty estab- Schumer Burr Klobuchar lishes limits on missile defense. Plac- They say there are no constraints. Shaheen Cantwell Kohl The PRESIDING OFFICER. Is there Snowe ing constraints on future U.S. defense Cardin Landrieu capabilities should not be up for debate further debate? If not, the question is Carper Lautenberg Specter Stabenow and should not be placed in a treaty on on agreeing to amendment No. 4814. Casey Leahy The clerk will call the roll. Collins Levin Tester strategic offensive nuclear weapons. Conrad Lieberman Udall (CO) The assistant legislative clerk called Udall (NM) Russia is trying to force the United Coons Lincoln States to choose between missile de- the roll. Dodd McCaskill Voinovich Mr. DURBIN. I announce that the Warner fense and the treaty. If that is the case, Dorgan Menendez Senator from West Virginia (Mr. Durbin Merkley Webb I choose missile defense. We cannot tie MANCHIN) is necessarily absent. Ensign Mikulski Whitehouse our hands behind our back and risk the Feingold Murkowski Wyden Mr. KYL. The following Senators are national security of our Nation and our necessarily absent: the Senator from NAYS—31 allies. Kentucky (Mr. BUNNING), the Senator Alexander DeMint McCain This treaty is a bilateral agreement Barrasso Enzi McConnell between Russia and the United States. from New Hampshire (Mr. GREGG), and Bennett Graham Risch It is clear that there is a disagreement the Senator from Utah (Mr. HATCH). Bond Grassley Roberts Further, if present and voting, the Brownback Hutchison Sessions about the actual agreement made. Rus- Chambliss Inhofe sia continues to claim that the treaty Senator from Utah (Mr. HATCH) would Shelby have voted ‘‘yea’’ and the Senator from Coburn Isakson Thune successfully limits our ability to de- Cochran Johanns Vitter Kentucky (Mr. BUNNING) would have Corker Kyl fend ourselves. Supporters of the trea- Wicker voted ‘‘yea.’’ Cornyn LeMieux ty claim the limitation on missile de- Crapo Lugar fense in the preamble is not binding The result was announced—yeas 37, nays 59, as follows: NOT VOTING—4 and that it is legally insignificant and [Rollcall Vote No. 282 Ex.] Bunning Hatch a throwaway provision. Gregg Manchin We are talking about the preamble. YEAS—37 The motion was agreed to. Like the preamble to the Constitution, Alexander DeMint McCain ‘‘we the people,’’ this is meaningful. Barrasso Ensign McConnell Mrs. BOXER. Mr. President, I move Bond Enzi Murkowski to reconsider the vote. Some things we hold dear. The safe and Brown (MA) Graham Risch Mrs. MURRAY. Mr. President, I the smart decision would be to elimi- Brownback Grassley Roberts move to lay that motion upon the nate the disagreement by getting rid of Burr Hutchison Sessions that provision entirely. Chambliss Inhofe Shelby table. Coburn Isakson Snowe I urge all colleagues to support the Cochran Johanns The motion to lay upon the table was Thune McCain-Barrasso amendment. Collins Kirk agreed to. Vitter I ask for the yeas and nays. Corker Kyl The PRESIDING OFFICER. The ma- Wicker The PRESIDING OFFICER. Is there a Cornyn LeMieux jority leader. Crapo Lieberman sufficient second? Mr. REID. I have spoken to the Re- There appears to be a sufficient sec- NAYS—59 publican leader. We are going to come ond. Akaka Franken Nelson (NE) in tomorrow around noon. I have spo- The yeas and nays were ordered. Baucus Gillibrand Nelson (FL) ken to Senator RISCH, who has an im- The Senator from Massachusetts. Bayh Hagan Pryor portant amendment to offer on the Mr. KERRY. Mr. President, this Begich Harkin Reed START treaty. He has indicated he Bennet Inouye Reid amendment is unnecessary because, as Bennett Johnson Rockefeller would need about 2 hours of debate. We General Chilton, who is the commander Bingaman Kerry Sanders would hope at or near 2 o’clock to have of U.S. Strategic Command, said: Boxer Klobuchar Schumer Brown (OH) Kohl a series of at least three votes. And Shaheen I can say with confidence that this treaty Cantwell Landrieu Specter today, as we indicated earlier, we are does not constrain any current or future Cardin Lautenberg Stabenow basically through except for the wrap- missile defense. Carper Leahy Tester up. We do have another vote. Secretary Gates has said that what the Casey Levin Russians wanted to achieve was a restraint. Conrad Lincoln Udall (CO) Udall (NM) f He said this treaty doesn’t accomplish that Coons Lugar Voinovich for them. Dodd McCaskill EXECUTIVE SESSION Dorgan Menendez Warner Even though the language is com- Durbin Merkley Webb pletely nonbinding, has no requirement Feingold Mikulski Whitehouse TREATY WITH RUSSIA ON MEAS- in it whatsoever, this amendment re- Feinstein Murray Wyden URES FOR FURTHER REDUCTION quires us to go back to Russia, renego- NOT VOTING—4 AND LIMITATION OF STRATEGIC tiate the treaty, open whatever advan- Bunning Hatch OFFENSIVE ARMS tages or disadvantages they may per- Gregg Manchin The PRESIDING OFFICER. Under ceive since the negotiation exists, and The amendment (No. 4814) was re- the previous order, the Senate will pro- we would go through a prolonged nego- jected. ceed to executive session to resume de- tiation. We have no verification what- Mr. KERRY. I move to reconsider the bate on the START treaty, which the soever today because that ceased on vote. clerk will report. December 5 of last year. We need to Mr. NELSON of Florida. I move to The bill clerk read as follows: hold this treaty intact and pass it. lay that motion on the table.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22955 The motion to lay on the table was The PRESIDING OFFICER. Without this bill needs to be passed. Unfortu- agreed to. objection, it is so ordered. nately, it does not look as though it is The PRESIDING OFFICER. The Sen- Mr. TESTER. Mr. President, before I going to happen at this point in time. ator from Idaho. talk about the Forest Jobs and Recre- The other part about this bill—as I AMENDMENT NO. 4839 ation Act, I want to say, you never said, while there were so many projects Mr. RISCH. Mr. President, is amend- looked better, Mr. President. So I ap- in the omnibus, the CBO says this bill ment No. 4839 at the desk? preciate you being in the Chair today. is deficit neutral, with no cost to the The PRESIDING OFFICER. It is. f taxpayers. It is a bipartisan bill. It is a The clerk will report. bill we have support for from both sides FOREST JOBS AND RECREATION The bill clerk read as follows: of the aisle, with Governors and Sen- ACT The Senator from Idaho [Mr. RISCH] pro- ators and Congressmen and local coun- poses an amendment numbered 4839. Mr. TESTER. Mr. President, I want ty commissioners, from both parties. Mr. RISCH. Mr. President, I ask to talk a little bit about the omnibus It is a bill that the Forest Service, unanimous consent that reading of the bill that was pulled down 2 nights ago through Secretary Vilsack, supports. It amendment be dispensed with. because there were not the votes from is popular with over 70 percent of Mon- The PRESIDING OFFICER. Without across the aisle to get the bill moving. tanans. objection, it is so ordered. In that omnibus bill, there was a As I said earlier, we are in dire need The amendment is as follows: number of very important projects for of it because our forest is dying, with (Purpose: To amend the preamble to the every State in the Union. But there over 1 million acres of dead and dying Treaty to acknowledge the interrelation- were a lot of very important projects trees. This bill has been the subject of ship between non-strategic and strategic for the State of Montana in that bill intense public debate for the past year offensive arms) that I am afraid now will be put on the and a half since I dropped it in. We had In the preamble to the New START Treaty, back burner. a Senate hearing a year ago, a year ago insert after ‘‘strategic offensive arms of the Parties,’’ the following: Nonetheless, there was also some yesterday, I believe it was. We have Acknowledging there is an interrelation- very important language in the omni- had townhall meetings, 11 in total, ship between non-strategic and strategic of- bus bill. In my particular case, there across Montana. We have had unprece- fensive arms, that as the number of strategic was language in that bill that was dented transparency with this bill, offensive arms is reduced this relationship going to help put people back to work, with it being online and explaining and becomes more pronounced and requires an and that language was contained in a taking input and changing the bill as it even greater need for transparency and ac- bill we call the Forest Jobs and Recre- has moved forward, making it a better countability, and that the disparity between ation Act. the Parties’ arsenals could undermine pre- bill. We have taken suggestions from dictability and stability, What this bill does is create 660,000 the public, and where we have been acres of new wilderness. It creates Mr. RISCH. Mr. President and fellow able to address those concerns, we have 370,000 permanent acres in new recre- Senators, what we are going to do is, been able to address them straight-up ation areas. It requires forest restora- tomorrow, at noon, we are going to and move forward. It really is a new tion and logging of 100,000 acres over 15 start with amendment No. 4839. way of doing business for the Forest years. Amendment No. 4839 deals with the re- Service, for our forested lands, our gov- It is important in Montana for sev- lationship between strategic weapons, ernment-owned forested lands in this eral reasons. The first reason is, we which this treaty deals with, and tac- country. have been attacked by beetles, the tical weapons, which this treaty does It has not been an easy go. This bill bark beetles that have killed a large not deal with but should. That is essen- would not have happened 10 years ago. percentage of our forests, and we need tially the purpose of this amendment. It absolutely would not have happened I think virtually everyone who is in- to give the Forest Service the tools 20 years ago because for the last 30 volved in this debate has an opinion on they need to be able to treat that. years we have had gridlock in our for- The second thing is that in the west- this, No. 1. But almost everyone agrees est industry. We have had conserva- ern part of Montana the economy has that the issue of tactical weapons, tionists and environmentalists and been hurt pretty badly. The unemploy- namely, short-range weapons, is a very loggers and mill owners and ment rate there is the highest in our serious issue and rises to at least the recreationists all fighting with one an- State. This bill will create jobs. Let me level of the discussion on strategic other, and nothing has gotten done in give you an example. weapons, and perhaps even more so. the last 30 years. So tomorrow we are going to have a Over the last year, in Montana, 1,700 Well, about 5 years ago these folks spirited discussion about those issues. jobs were lost in the wood products in- got together and they said: You know, There has actually been quite a bit of dustry alone. This bill would help get we have all been losing. Nobody has debate already on this, and for those of those folks back to work. How? Well, it been winning. We should set our dif- you who are like me, and you take the would help the folks running the chain ferences aside—and this body should saws, doing the cutting in the woods, CONGRESSIONAL RECORD home and read listen to this—set our differences aside, it in the evening, if you go back and the mills that create dimension lumber find a common ground, and move for- look at the debates on the various trea- and plywood, and those kinds of things, ward with solutions. They did exactly ties that dealt with nuclear weapons get back up running and employing that. It was not easy, but they did ex- treaties, you will see that some very people. actly that—where everybody gives a bright people, some of whom are still It would help provide the opportunity little but gets a lot. They sat down at Members of this body, have already for biofuels with these trees, to be able those tables and they met, and they spoken on this issue. to get a dependable supply, to be able met for years, and they came up with I am looking forward to having this to put the investment in to create this proposal. discussion tomorrow. biofuels, and move that industry along, Shortly after I was elected, they With that, Mr. President, I yield the to make this country more energy came to me and said: Would you carry floor. independent. it? The PRESIDING OFFICER. The Sen- It would help save our timber infra- I looked at it, and I said: You know ator from Montana. structure because, quite frankly, if you what, this bill makes sense. It makes f look at some of the States in the West, sense for Montana. It makes sense for that timber infrastructure is gone, and the West. MORNING BUSINESS our ability to manage those forests We were on track to get this bill Mr. TESTER. Mr. President, I ask leaves us when that timber structure passed until the omnibus was pulled unanimous consent to go into morning goes. That is not the case in Montana, the other night because of a lack of business. but we are getting very close. It is why support. Our No. 1 responsibility right

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22956 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 now is jobs—jobs, jobs, jobs. This bill particularly would have been prohib- the Senate, a voice that mixes keen in- helped create jobs, helped put people to ited in this area, which is the south telligence with a great sense of humor, work in an industry that needs help. side of Mount Jefferson. plus a gift for making his arguments Regardless of what happens from I sincerely appreciate my friend’s with colorful, compelling stories and here, it is going to be critically impor- willingness to talk about this and to language. Throughout his more than tant that we stay focused on jobs in work on this particular issue. As we go four decades in public service, he has this body. I will tell my colleagues that forward with this—and I have no doubt used that voice to speak out powerfully I think if we do that and we are suc- that his commitment to his State will for farm country in rural America. He cessful in that, this country will be a cause him to continue to work with us has fought hard for policies at the na- better place. It will be a better place on this issue and to deal with this par- tional level to give rural families a bet- for our kids and our grandkids, and it ticular bill and the areas of land he is ter chance at success. He has been a will be a better place for people right talking about in this bill as we go into strong supporter of the farm bill’s safe- now. Quite frankly, I haven’t seen a lot the next Congress. I commit to work ty net provisions, including counter- of that working together in the last 4 with him, and I hope we can resolve cyclical support for farmers to get years. When we have a piece of legisla- this issue. As I say, the issue of winter them through hard times, and he has tion that really isn’t a Democratic snowmobiling only as far as motorized been equally outspoken in cham- piece of legislation or a Republican use of this particular area is of great pioning strict limits on Federal farm piece of legislation but, rather, a good importance to the people of the State payments to ensure that the lion’s piece of legislation, it gets caught up of Idaho. share goes to small family farms, not in the process. I thank the Senator for his courtesies big agribusiness and absentee farm I will continue to fight for jobs for thus far, and I look forward to working owners. As a senior member of the Energy everybody in this country, particularly with Senator TESTER in the next Con- and Natural Resources Committee and in Montana. We will continue to work gress on this issue. chair of the Appropriations Commit- to get this bill passed and bills like With that, I yield the floor. tee’s Energy and Water Development this passed because it is good for the The PRESIDING OFFICER. The Sen- Subcommittee, Senator DORGAN has al- country and it gives the agencies—in ator from Montana. ways been an outspoken champion of this case, the Forest Service—the Mr. TESTER. Thank you, Mr. Presi- clean, renewable, homegrown energy, dent. kinds of tools they need to manage our including wind and solar and biofuels. I appreciate the remarks of the good forests. He likes to boast that North Dakota is As I said before, I was going to ask Senator from Idaho. I understand the ‘‘the Saudi Arabia of wind.’’ Well, my unanimous consent for the passage of Senator’s concern as we have talked folks in Iowa might dispute that claim, this bill. I have been informed that will about the Mount Jefferson issue before. but we get the point. BYRON and I have Overall in the bill, just for the record, be objected to, so there is no reason to both been strong advocates of building we have added 370,000 acres of recre- go through that formality. But I will a nationwide distribution grid for ation area for exactly that—snowmo- say we hope to bring it up again, and wind- and solar-generated energy. hopefully next time we will be success- biles. That doesn’t solve the problem I wish to make just one more point ful because it is a good bill. on Mount Jefferson of the 4,400 acres, about Senator DORGAN. I guess I can With that, I yield the floor. but we will continue to work with the say this now since he is retiring and a The PRESIDING OFFICER (Mr. Senator from Idaho and move forward political opponent won’t be able to use MERKLEY). The Senator from Idaho. to try to get something as close to it against him. BYRON DORGAN is an in- Mr. RISCH. Mr. President, I wish to what meets the needs of everybody as tellectual. He has a passion for ideas respond briefly to my good friend from we can. As Vince Lombardi once said, and knowledge. He even writes books— Montana. the recipe for failure is trying to please actually, really good books, the kind First of all, let me say that I, of everybody. that show up on the New York Times course, was at the hearings the Senator I thank the good Senator from Idaho. bestseller list. I am a great fan of his referred to in our Energy and Natural The PRESIDING OFFICER. The Sen- 2007 book entitled ‘‘Take This Job and Resources Committee. Ordinarily, I ator from Iowa. Ship It: How Corporate Greed and wouldn’t involve myself at all in the f Brain-Dead Politics Are Selling Out internal matters in Montana. Natural America.’’ If you want a blistering and resource issues are best decided by the TRIBUTES TO RETIRING SENATORS I think dead-on account of the causes people who live in the particular coun- of the crash of 2008, read BYRON’s other ties and in the particular States where BYRON DORGAN book entitled ‘‘Reckless! How Debt, De- that resource is located. On this par- Mr. HARKIN. Mr. President, with the regulation, and Dark Money Nearly ticular issue, however, one of the areas close of the 111th Congress, the Senate Bankrupted America.’’ of land included in the landmass my will lose one of its most popular, ar- I consider BYRON DORGAN a great good friend from Montana described in ticulate, and outspoken Members. I friend, a great Senator, and a great ad- his bill is an area that is referred to as will lose a kindred spirit and a fellow vocate for all working people in this Mount Jefferson. Mount Jefferson and progressive populist, BYRON DORGAN, country. He has accomplished many the area included admittedly are en- who has spent his entire four decades things in his three terms here in the tirely within the State of Montana. in elected office fighting on behalf of Senate, but I can think of no greater However, the only way the southern family farmers and ranchers, strug- accolade than to say simply that he is part can be accessed is through the gling small businesses, ordinary work- a good and decent and honest person State of Idaho. ing Americans, and anyone who has with a passion for social justice and a I couldn’t agree more with my good been run roughshod over by big busi- determination to make life better for friend from Montana in saying that we ness, big banks, or big government. ordinary Americans. need to keep our eye on the ball, and Both Senator DORGAN and I are proud When the 111th Congress comes to a that is jobs, jobs, jobs. of our roots in the rural upper mid- close, of course, my friendship with The particular area in question is not west. I was raised in Cumming, IA, pop- BYRON will continue, but I will miss his a large area. I think the total amount ulation 162. He was raised in Regent, day-to-day counsel and good humor. I is 4,400 acres. The amount I am talking ND, population 211. BYRON always liked join with the entire Senate family in about is about 2,200 acres, but it is used to joke that he graduated in the top 10 wishing BYRON and Kim the best in the intensively by Idaho people engaging in of his class of 9 students. years ahead. recreation in the wintertime. Under Senators on both sides of the aisle KIT BOND my good friend’s bill, that would have have come to respect and admire Sen- Mr. President, with the retirement of been closed out, and the snowmobiling ator DORGAN’s distinctive voice here in Senator KIT BOND at the close of this

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22957 Congress, the Senate will lose one of eled, I might say, on the very success- entered public service at the young age its most respected veteran Members, ful welfare-to-work program we had in of 21, winning his congressional seat a and a truly distinguished individual Iowa. few short years later in 1994, one of with a distinguished career in public Over the years, Senator BOND has re- only four GOP seats Democrats won in service will come to an end. Of course, cruited and retained an exceptionally that election. we would expect big things from a talented staff. Over the years, PATRICK continually young man who graduated with honors In particular, I will cite Jon faced capable and well-funded oppo- from Princeton and first in his class at Kamarck, his outstanding lead staffer nents, but his constituents had come to the University of Virginia Law School, for many years on the Appropriations recognize and welcome his humble and KIT BOND did not disappoint. Committee, with whom I have had the dedication to their lives, re-electing At age 30, he became assistant attor- pleasure of working on many occa- him seven times. He was my younger, ney general of Missouri, serving under sions. I know Senator BOND also places but senior, colleague on our delegation. former Senator John Danforth. At age great store by his long-time staffer and The arena of politics is combative— 33, he was elected Governor of the current chief of staff, Brian all the more so when your last name is State of Missouri, serving two terms. Klippenstein—who, by the way, had the Kennedy—but PATRICK persevered, and In 1986, he was elected to the Senate, good sense to marry a Democrat from he persevered despite his own health where he has now served for nearly a the State of Iowa. and addiction challenges. quarter of a century. Mr. President, the Senate has been And instead of running from those Over the years, KIT BOND has been a fortunate to have a Senator of KIT challenges, instead of hiding from great friend and a frequent collabo- BOND’s high caliber and character for those challenges, PATRICK had the rator, especially on the Appropriations the last 24 years. In so many ways, he courage and wisdom to realize that the Committee. For example, in 1993, when represents the very best in this body— problem he was experiencing was a the Midwest was devastated by historic a passion for public service, a willing- problem shared by millions of families floods, Senator BOND was the senior ap- ness to reach across the aisle to get im- in America. Instead of hiding from pub- propriator in the minority party from portant things done, and an insistence lic scrutiny, he stood tall—not only on the nine impacted States, and I was the on the highest ethical standards. He his own behalf, but also on behalf of senior appropriator in the majority has always been determined to do the Americans who needed a champion to party. We took the lead in the Senate, right thing for the people of Missouri bring their struggles to the forefront of working together very effectively to and the entire United States. the national agenda. rally Federal assistance to victims all For me, it has been a great honor to With that, PATRICK’S campaign for across the stricken Midwest. be his friend and colleague for the last mental health parity took fire, result- Over the years, we have worked to- 24 years. Our friendship, of course, will ing in passage of the landmark Mental gether to improve the locks and dams continue. And I wish KIT and Linda the Health Parity Act of 2008, an achieve- along the Upper Mississippi. I can say I very best in the years ahead. ment Speaker NANCY PELOSI described think we are both proud of our work in I yield the floor. as ‘‘the legislative feat of the century.’’ the early part of this decade, forging The PRESIDING OFFICER. The Sen- In that fine cause, PATRICK had the an agreement to authorize the mod- ator from Rhode Island is recognized. chance to work with a towering cham- ernization of five of the critical locks Mr. WHITEHOUSE. Mr. President, I pion of civil rights, the lion of the Sen- so that our goods can move more effi- ask unanimous consent that at the ate, his father. ciently up and down the river. We conclusion of my remarks, Senator Peer to peer, man to man, they worked very hard for about 4 years to HARKIN be recognized again, followed hashed out the final bill in conference. bring together a remarkable coalition by Senator CARPER, and then Senator The father, with his easy, booming of industry and agriculture and the en- BROWN. laugh and affectionate camaraderie; vironmental community to make this The PRESIDING OFFICER. Without the son, with his fierce but quiet deter- project possible. objection, it is so ordered. mination. Senator BOND and I are members of a f Thus did PATRICK help lift up mil- breed of Senators affectionately known lions of Americans. Thus did he earn a around here as ‘‘pavers.’’ We both be- COMMENDING CONGRESSMAN place alongside his father—a man he lieve very strongly that it is a cardinal PATRICK J. KENNEDY called his hero, his inspiration. Thus responsibility of the Federal Govern- Mr. WHITEHOUSE. Mr. President, I did he emerge as a champion for so ment to invest generously in a first- rise to make a few brief remarks in many who needed one so badly. Thus class national transportation infra- honor of Congressman PATRICK JOSEPH did he uphold the best traditions of the structure—the roads, the bridges, the KENNEDY of Rhode Island. family and the Nation he loved. locks, the dams, and so on—what we With PATRICK’s departure from the PATRICK has proudly carried on his call the arteries and the veins of com- House of Representatives to seek new family’s spirit of service and their fight merce. challenges and enjoy some well-earned for social justice. And to be sure, he Senator BOND and I have also col- time out of the political spotlight, my has always been proud to be Teddy’s laborated frequently to boost the rural home State of Rhode Island is losing a son. ‘‘From the countless lives he lift- economy and improve the quality of champion for working families and our ed,’’ PATRICK said, ‘‘to the American life of the people who live in our rural country is losing a public servant who promise he helped shape, My father communities. In particular, we have did as much as anyone else to care for taught me that politics at its very used funding through the Housing and and lift those in the shadows of life. core/was about serving others.’’ Urban Development Subcommittee of It is a moment to thank PATRICK for In the service of others, PATRICK too Appropriations to approve housing for his many contributions to the lives of brought to the rough and tumble of people of modest means, with a par- Rhode Islanders over his 16 years of politics/traits that made him unique, ticular focus on rural areas. On this service in the House but also a moment and he left behind accomplishments score, I would note Senator BOND was a to reflect on his unique place in the po- that allow him to stand on his own as ‘‘compassionate conservative’’ long be- litical history of our country. one of the great legislators of our time. fore that term came into fashion. He After all, the 112th Congress will be Indeed, of all the descendents of cares deeply about the well-being of the first in more than half a century in President Kennedy, and of Bobby Ken- the less fortunate in our society, giving which no member of the Kennedy fam- nedy, and of our own late colleague Ted them both a helping hand and a hand ily is serving in either the House or the Kennedy, it was PATRICK who last held up. In the mid-1990s, I was proud to Senate. public office, PATRICK who longest held work with Senator BOND on the first In Rhode Island, a State that he public office, PATRICK who youngest bipartisan welfare reform bill, mod- adopted, and that adopted him/he first held political office, and PATRICK who

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Clearly, this his family but rather from simple hard carrying the fight to those who oppose thoughtfulness has caused him to lose work, unshakeable integrity, and his progressive change. favor with the more extreme wing of formidable determination to win what Most famously, we witnessed these his party, for which he paid a price dur- others had sought. talents during Senator FEINGOLD’s re- ing the primary election this year. I Henry Wadsworth Longfellow wrote lentless campaign to pass the land- know I am not alone in mourning the in ‘‘The Ladder of St. Augustine’’: mark 2002 Bipartisan Campaign Reform loss of one of the Senate’s most The heights by great men reached and Act, better known as the McCain-Fein- thoughtful conservatives. kept, gold law. Senator FEINGOLD and his For example, he partnered with Sen- Were not achieved by sudden flight, legislative partner, Senator JOHN ator RON WYDEN of Oregon in advo- But they, while their companions slept, MCCAIN, championed this legislation cating a legislation to provide uni- Were toiling upward in the night. for nearly 2 years, overcoming stiff re- versal health insurance coverage. The story of PATRICK KENNEDY is not sistance from both parties, as well as And in response to the financial cri- a story of glamorous sudden flight to from powerful interests outside the sis of 2008, as a senior member of the glory. It is a tale of long and silent Senate. They faced countless obstacles Senate banking committee, he sup- toil, upward, and in the night, in the but refused to give up. They won. ported the Emergency Economic Sta- shadow of his own challenges. Again, in 2007, in the wake of the bilization Act. Senator BENNETT was The best part of this story is that Abramoff scandals, Senator FEINGOLD widely criticized by those on the right, PATRICK’S work is not yet finished. played the key role in pushing through as was I for the same vote by critics on Neither his father nor his uncles got to the Honest Leadership and Open Gov- the left. But he can take great pride in experience life after public service. ernment Act, a tough ethics and lob- it, because facts are facts: the Troubled But, stepping away from the Congress bying reform bill, which included strin- Assets Relief Program prevented a at the age of 43, PATRICK’S road gent disclosure requirements and a total meltdown of our financial sys- stretches ahead for many more miles. crack-down on abusive practices by tem. And almost the entire $700 billion I know that PATRICK will continue to lobbyists. taxpayer investment has been—or soon look for ways to give back to the State As chair of the Judiciary Commit- will be—paid back to the Treasury. In that gave him a chance to serve and tee’s Constitution subcommittee, Sen- fact, just this week, the Treasury the Nation that gave his family a ator FEINGOLD cast the Senate’s lone booked a $12 billion profit on its pre- chance to thrive. And he will always vote against the USA PATRIOT Act. vious $45 billion TARP investment in enjoy the gratitude of Rhode Islanders For nearly two decades in this body, Citigroup. whom he has served so well and Ameri- Senator FEINGOLD has been an out- I have been proud to call BOB BEN- cans whose burdens he has helped to re- spoken champion of working Ameri- NETT my friend for the last 18 years, lieve. And I will always be proud to cans—fighting for safer workplaces, the and I count myself fortunate to have consider him a legislative inspiration, right to organize, stronger public served with him on the Appropriations a political ally, and a beloved friend. schools, better access to higher edu- Committee. He is a gentleman, a PATRICK, thank you. And I wish you cation and health care. He has always bridge-builder, a person of rock-solid all the best in this new beginning. stood up for Wisconsin’s family farmers character and integrity. I yield the floor. and rural communities. I join with the entire Senate family The PRESIDING OFFICER. The Sen- Senator FEINGOLD has accomplished in wishing BOB and Joyce the very best ator from Iowa is recognized. important and even historic things in the years ahead. f during his tenure as U.S. Senator. But, BLANCHE LINCOLN in my book, the highest accolade is TRIBUTES TO RETIRING Mr. President, in these closing days simply that RUSS FEINGOLD is a good SENATORS of the 111th Congress, the Senate will and decent person, with a passion for be saying farewell to one of our most RUSS FEINGOLD fairness, social justice, and honest gov- popular Members, Senator BLANCHE Mr. HARKIN. Mr. President, with the ernment. LINCOLN of Arkansas. close of the 111th Congress, the Senate For me, it has been a great honor to During her 12 years in this body, at a will lose to retirement Senator RUSS be his friend and colleague for the last time when the Senate has become in- FEINGOLD of Wisconsin—a proud pro- 18 years. Our friendship, of course, will creasingly partisan and ideologically gressive, a fearless reformer, and a gen- continue—as will RUSS FEINGOLD’s divided, Senator LINCOLN has charted uine maverick in the very best sense of fight for the progressive causes we both an alternative course. She has cul- that much-abused term. believe in. tivated friendships and collaborations During his three terms in this body, Our great friend Paul Wellstone used on both sides of the aisle, and has been Senator FEINGOLD has been a worthy to say that ‘‘the future belongs to skilled in forging bipartisan agree- successor to another great progressive those with passion.’’ By that defini- ments on a wide range of issues. reformer from Wisconsin, Senator Rob- tion, RUSS FEINGOLD has a wonderful Last year, Senator LINCOLN suc- ert ‘‘Fighting Bob’’ LaFollette, whose future ahead of him. I join with the en- ceeded me as chair of the Agriculture desk I am proud to occupy, here on the tire Senate family in wishing him the Committee. I would note that she is Senate floor—and whose portrait is dis- very best in the years ahead. the first Arkansan and the first woman played prominently in Senator FEIN- ROBERT BENNETT to serve in that position. GOLD’s office. Mr. President, in these closing days She has used that position to cham- Like Senator LaFollette, RUSS FEIN- of the 111th Congress, the Senate will pion causes that have been her passion GOLD knows that it is not enough to be be saying farewell to one of our most for many years, including revitalizing on the side of the angels. It is not seasoned and accomplished Members, rural communities, supporting family enough to have our hearts in the right respected on both sides of the aisle, farmers, promoting biofuels and other place. Progressivism, by its very na- Senator ROBERT BENNETT of Utah. forms of renewable energy, and advo- ture, is a fight against entrenched cor- Certainly, no one in this body doubts cating for better nutrition for our porate interests, entrenched economic Senator BENNETT’s staunch conserv- school-aged children. privilege, and entrenched political ative values and principles, especially Senator LINCOLN is leaving the Sen- power. If we are going to succeed on fiscal and regulatory issues. But, ate at the very top of her game. Just

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In Also this week, President Obama health care bill that is designed to pro- fact, there were no women in that unit, signed into law the Healthy, Hunger- vide better outcomes for less money. and to the best of my knowledge there Free Kids Act, which will become a BOB BENNETT were no women in any of our ROTC major part of Senator LINCOLN’s legacy You mentioned BOB BENNETT. He and units across the country nor in our as a Senator. I served on the Banking Committee for military service academies in America When I handed over the gavel of the a number of years. In the end, he lost either. Senate Agriculture Committee to Sen- his seat I think because of his willing- A lot of people thought that was fine, ator LINCOLN last year, much work had ness to do what we were rewarded for and while there were women who been done on the child nutrition bill in Delaware, and that is to reach served then in our Armed Forces, they but much remained to be done. Senator across the aisle and find ways for Re- were denied the opportunities that I LINCOLN did a fantastic job—a master- publicans and Democrats to do things and a lot of other men had that enabled ful job—of taking over the child nutri- together. We will certainly miss him. us to advance in rank and to assume tion authorization and shepherding it positions of ever greater responsibility. RUSS FEINGOLD to a unanimous approval by the Sen- I went on to serve in Southeast Asia RUSS FEINGOLD may be best known ate. Thanks to her leadership, low-in- and retire as a Navy captain after 23 for his work on campaign finance re- come children will have increased ac- years of active and reserve duty. No form, but I admire his work very much cess to Federal nutrition programs, the women served with us in my active- on helping to strengthen the Presi- nutritional quality of the programs duty squadron, but as the years passed dent’s rescission powers. I think the will improve, and the financial founda- that began to change. Young women seeds he has planted there will bear tion of the National School Lunch Pro- gained admission into ROTC programs fruit maybe next year. gram will be greatly reinforced. in colleges and universities across So to him and the others who are Senator LINCOLN also exhibited ex- America and into our service acad- leaving us, I say what a joy it was to traordinary leadership earlier this year emies as well. They became pilots, they serve with them, and I especially want in the Wall Street reform bill. Again, flew airplanes, helicopters, served on to commend and thank you for remem- as the chair of the Senate Agriculture ships, and someday, before too long, bering them as you have done today. Committee, she was able to forge bipar- they will serve on some submarines as Mr. HARKIN. I thank the Senator tisan consensus for strong reform of well. the derivatives market. Indeed, the very much. Today, women are admirals and they provision she championed will help to f are generals. While there is still resist- restore integrity to the derivatives DON’T ASK, DON’T TELL ance to the transition that continues markets, it will allow companies to to this day—and much of that is under- safely use derivatives to manage their Mr. CARPER. Mr. President, in No- standable—most of us who have lived business risk, and it will help to pre- vember 1948—that was 1 year after my through it would agree this change has vent future financial crisis. I was proud birth—President Harry Truman issued helped to make our military and our to support her in those efforts. a highly controversial Executive Order. Nation stronger. For the last 12 years in this body, It called for beginning the process to Today, we face a different kind of Senator LINCOLN has been a tireless ad- bring to an end the longstanding policy transition—a challenging one, too—and vocate for the people of her State of of racial segregation in the Armed that is whether to end the policy of Arkansas, for American agriculture, Forces of our Nation. don’t ask, don’t tell. Confronted with for rural Americans, and for families Just a few years earlier, my father this question and how to answer it, I with small kids. She has been an out- and three of my uncles had served on have sought the counsel of a number of standing Senator and a wonderful active duty for much of World War II. people over the past year whose wis- friend. I join with my colleagues on One of them—Bob Patton—was killed dom I value. Foremost among them has both sides of the aisle in wishing in a kamikaze attack on his aircraft been our Secretary of Defense Bob BLANCHE and Steve and their twin boys carrier, the USS Suwannee in 1944. But Gates. He has graciously shared his Reece and Bennett the very best in the all four of them—my dad and three un- thoughts on this difficult and conten- years ahead. cles—were born and raised near the tious issue with me and with many of Mr. President, I yield the floor, and I coal mining town of Beckley, WV, my colleagues, both in private and in thank my colleague for his forbear- where my sister and I were born after public forums. ance. the war. Today I stand in agreement with the The PRESIDING OFFICER. The Sen- Neither my father nor my uncles ever Secretary and with ADM Mike Mullen, ator from Delaware. discussed with us the implication of the Chairman of our Joint Chiefs of Mr. CARPER. Before Senator HARKIN President Truman’s Executive Order. Staff. The time has come to repeal the leaves the floor, let me say I am so Having said that, I later learned that law that requires young men and pleased that I was literally able to be many of the people in my native State women to lie about who they are in here on the floor and hear you talk opposed it, as did many people in order to serve their country. about our colleagues. What a wonderful Danville, VA, the last capital of the Having said that, however, I also thing to do, and to single out Demo- Confederacy and the place where my agree with them that this transition— crats and Republicans and to reflect sister and I would grow up. like several of the others I have talked upon their service to their States and The transition that followed Presi- about—must be done in a way that to our country. I had to mention that. dent Truman’s actions was not an easy eases the military into this change You mentioned BLANCHE LINCOLN. A one, but history would later show the over time so that it does not adversely lot of people say I respect my col- steps he ordered 62 years ago this year affect or undermine our military readi- league, I think highly of my colleague, were the right ones for our military ness, our ability to recruit, and our but here in the Senate we love and for our country. morale. BLANCHE. We love BLANCHE and her Twenty years after Truman’s historic The proposal we approved an hour or family. She is such a joy to work with. action, I was commissioned an ensign so ago seeks to do exactly that. It will Always up, even during the course of in the Navy and headed for Pensacola, empower Secretary Gates and our

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22960 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 other military leaders to carefully im- This is bad for consumers because it ter? Do you think it will lead to lower plement a repeal of don’t ask, don’t tell is going to put many of these networks prices on your cable and Internet bills? in the months ahead. Repeal is not out of business. That means less choice Do you think it will mean more choice something that is going to happen and more Comcast/NBC programming. for what you can watch and download overnight. The Secretary and the Joint But it doesn’t end there. Comcast at home? Do you think it will mean Chiefs are going to do this in a delib- also happens to be the Nation’s leading better customer service? erate and responsible way, and it will wireline broadband Internet provider, I can assure you that the answer to take some time. Our military leaders which means this single company will these questions is no, no, no, and no. have made it clear they want Congress both own the programming and run the We count on competition in this to act now, though, to enable them to pipes that bring us that programming. country to keep corporations in check, begin to implement this repeal of don’t Here again, Comcast will be able to use and we have designed antitrust laws to ask, don’t tell in a thoughtful manner its overwhelming market share—and in ensure that companies are not getting rather than to have the courts force many markets its near monopoly in too big or too powerful. These laws them into it overnight. the Internet business—to favor its own were designed to protect consumers, I support that approach. I support video services, say, its OnDemand serv- because the one thing we know about the approach recommended by our ice, over companies such as Netflix, corporations is that they are created to military leaders. I stand behind Sec- that are cheaper and would otherwise maximize shareholder profit—not to retary Gates and our Nation’s other win on a level playing field. protect consumers. military leaders as they prepare to lead These are all major problems with There is nothing wrong with that. We our military and our Nation through the deal. But it might be tough to un- want corporations to grow, and create this historic transition, rather than to derstand in the abstract how this deal jobs, and provide goods and services. allow the courts to do it for us in ways will affect you, so let me take a minute There are some great corporations that we may some day live to regret. or two to make this more concrete. based in Minnesota, like General Mills Mr. President, with that, I yield the I ask the people sitting in the gal- and 3M. In addition to providing you floor. lery, the Senate staff watching this Cheerios and Post-it notes, these com- The PRESIDING OFFICER. The Sen- speech, and everyone at home in Min- panies put a lot of Minnesotans to ator from Minnesota. nesota: How many of you like your work. f cable and Internet provider? But when you go shopping for cereal, NET NEUTRALITY AND COMCAST/ When you call Comcast or Verizon or you have a lot of choice. General Mills NBC MERGER AT&T about a problem, how many of may produce Cheerios, but they have Mr. FRANKEN. Mr. President, I rise you get good service? How many of you to compete with companies such as today to talk about the growing threat like the prices you pay? Kellogg’s, which makes Corn Flakes, of corporate control on the flow of in- When you decide you want to sign up and Post, which makes Fruity Pebbles. formation in this country. for broadband, and Comcast tells you And they all have to compete with the Today we have been debating incred- that they aren’t sure when they can store or value brands. ibly important issues, and I don’t mean come to install your service, and then Let’s look at another example of the to detract from any of them. We need finally you get an appointment and benefits of competition. When you go to be doing everything we can to pro- you have to take a day off from work out for dinner at a restaurant, you usu- tect our national security and to re- to wait between 9 a.m. and 2 p.m. for a ally have a lot of options. I am guess- duce the threat from nuclear weapons. repairman to come, and then he doesn’t ing you don’t go back to the restaurant But while we debate these issues in come, is that how you feel you deserve that served you limp lettuce, mediocre front of the public, behind the scenes, to be treated? meatloaf, and cold, lumpy mashed po- away from public scrutiny, the Federal Are you getting good service when tatoes. And I am guessing you wouldn’t Communications Commission is about you call Verizon and spend 10 minutes go back if they told you that you would to decide two distinct but very closely listening to automated messages and be served sometime between 9 a.m. and related issues that have the potential pressing numbers that direct you to 2 p.m. to change dramatically the way we get more automated messages, and then fi- Unfortunately, you don’t always have our entertainment, the way we commu- nally—finally—you get a human being that kind of choice when it comes to nicate with one another, and, most im- on the line but that person tells you your cable and Internet service. And portantly, the way we use the Internet. that he or she can’t help you and you this is only going to get worse if the The first matter before the FCC is get put on hold again; is that how you FCC allows the merger between the proposed merger of Comcast and deserve to be treated? Are you getting Comcast and NBC to sail through. It is NBC/Universal. There is no question in good service? competition—and regulation where my mind that regardless of what you When you have had enough with bad there isn’t competition—that keeps hear from industry, this merger will be service and rapidly rising bills and you corporations accountable to con- bad for consumers on many levels. It decide you want to switch to another sumers. will allow Comcast to exploit NBC/ company, how many of you have found But don’t take my word for it. You Universal’s content, charging other that you don’t have another choice? can already see what Comcast has up cable networks more for access to NBC That there is no other cable provider in its sleeve. If the merger is allowed to shows and movies. Do you know what your area? go through, as I mentioned before, we that will do? It will raise your cable I can tell you that right now, can expect Comcast to favor its own bills. And NBC/Universal—which actu- Comcast has about 23 million cable content and leave consumers with less ally owns 37 broadcast or cable net- subscribers and about 16 million Inter- choice. works—will be favored by Comcast to net subscribers. They are already the Take the Tennis Channel, which filed the exclusion of other independent or largest provider of cable service to a complaint against Comcast earlier competing networks. This means Americans by a very large margin, and this year. It alleged that Comcast has Comcast will pay less to carry channels in some areas, they have a total mo- been favoring the Golf Channel and its such as the Discovery Network, the nopoly. own sports channel, Versus, by making Food Channel, Bloomberg, or the Ten- And this is what cable and Internet those channels available as part of its nis Channel—threatening their finan- customer service is like today. Do you basic cable package, while putting the cial viability—or these channels will be think that merging the single largest Tennis Channel on a so-called ‘‘pre- relegated to the graveyard around cable provider, which is also the larg- mium tier.’’ In other words, if you get channel 690 or 691 or 692, or customers est wireline Internet provider, with one cable from Comcast, you get the Golf will have to pay even more each month of the biggest TV and movie studios in Channel and Versus for free, but if you to buy access to these channels. the country, will make any of this bet- want to watch the Australian Open on

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22961 the Tennis Channel, you need to pay paying late fees for movie rentals. This ing even more bold-faced power grabs another $5 to $8 per month. company is one of our Nation’s great without any concern about government Yet, Comcast pays the Tennis Chan- success stories—it now has almost 17 oversight. nel only a fraction of what it pays million subscribers and generates hun- But in addition to the Comcast-NBC itself to carry the Golf Channel or dreds of millions of dollars in rev- merger, what is also before the FCC is Versus, which are much less popular. enue—and it all happened in just over a a new set of proposed rules that will I fear this is a sign of things to come. decade. But most importantly, it of- make it easier for large media con- As media conglomerates get bigger and fered an alternative and less expensive glomerates—like Comcast—to do noth- bigger, they have every incentive to option for consumers to watch movies. ing short of controlling the Internet. make their own content easier and Netflix now has a lot of money and The chairman of the FCC is calling this cheaper to access than everyone else’s can write big checks to buy movies and a ‘‘net neutrality’’ proposal. But let’s content. video content, so I didn’t think I need- be clear. This is not real net neu- Now, I have been talking to a lot of ed to worry about them. But then I trality. people about the possible impact of heard that being the highest bidder for I believe this is one of the most seri- this merger, and do you know what I content may not be enough. ous issues facing our country today. keep hearing? Do you know what small As it turns out, cable companies are Let me take a step back and explain businesses and cable programmers are worried about Netflix’s success. It rep- what net neutrality is. Put simply, it telling me? They are coming to my of- resents the first real competition they is the idea that big corporations fice discreetly, and they are saying have seen in a long time, and they shouldn’t be able to decide who wins or that they oppose this merger—but they want to shut Netflix down. How can loses on the Internet. It is the idea can’t speak out because they are wor- they do that? By cutting off Netflix’s that the Internet should be a level ried about retaliation from Comcast. access to the things people want to playing field for everyone, from a And to me, that is the definition of a watch. And when is this most problem- blogger to a media conglomerate, from company with too much market share. atic? First, it is when Netflix’s com- a small businessperson to a powerful Comcast has put out the word that petitors—like Comcast or Time Warner corporation. I believe that net neu- this merger is a fait accompli. They Cable—also own the programming that trality is the free speech issue of our have announced a slate of 43 officers Netflix carries. Second, it is when time. for NBC, despite promising to refrain Netflix’s competitors are also the ones The Internet wasn’t created by cor- from doing so until the review of the that sell—and control—access to the porations. It was created using tax- merger is complete. Internet. payer dollars, and it has dramatically So it is no surprise that small—and Neither of these are theoretical. Just altered our daily lives in more ways some not so small—cable networks see last week, Time Warner’s CEO brazenly than any of us could have ever the writing on the wall and are not stated that Netflix’s deals with Time dreamed. It is an incredible source of willing to take the chance of opposing Warner may not be renewed. Other stu- innovation, a hotbed for creativity, and this deal publicly, again, for fear of re- dio executives are saying the same an unbelievable producer of wealth and taliation by Comcast. thing. jobs in this Nation. It was instru- And they are probably right. If this And what I am hearing is that mental in putting President Obama in deal goes through, Comcast will have Comcast, which is not yet even in con- office—but it was also equally instru- the power to put them out of business. trol of NBC, plans to reverse course mental in helping the Tea Party be- If you knew that, would you stand up and ultimately pull NBC/Universal’s come a powerful force in American pol- and complain to the FCC about programming from Netflix. itics. Comcast? Probably not. Comcast also recently announced I may not agree with everything the This type of anticompetitive conduct that they are imposing a new fee on Tea Party movement has done, or ev- is exactly why we need the Department Level 3 Communications, the company erything it stands for, but I do firmly of Justice and the FCC to stop this slated to become the primary delivery believe that the Tea Party has a right merger. mechanism and backbone for Netflix’s to organize and to post its views on the And this merger is only the first online streaming movies and TV shows. Internet. domino in a cascade that is sure to Coincidentally, Netflix is one of Strong net neutrality principles come. Make no mistake, if this merger Comcast’s main competitors for video would ensure that everyone—from the is approved, if this deal goes through, delivery, which makes this price hike most liberal blogger on Daily Kos—to it will be only a year or 2 before we see seem just a little fishy to me. the most conservative fan of Fox AT&T trying to buy ABC/Disney, or Regardless of Comcast’s motives for News—would continue to have an equal Verizon trying to buy CBS/Viacom. charging Level 3, this is a clear warn- right of access and an equal ability to And you know what these companies ing sign of what we can all expect if communicate with like-minded people. will say? ‘‘You let Comcast and NBC do this deal goes through. If corporations are allowed to control it, now it is our turn.’’ And what will If this deal goes through, Comcast the Internet, all of that would change. the FCC or the Department of Justice will make it harder and more expensive The Internet has become the public say then? for you to watch movies online through square of the 21st century. This is why Now is the time to decide whether we any service other than its own. If this Tea Party activists and anyone who want four or five companies owning deal goes through, Comcast will have cares about personal liberties and free- and delivering all content. Imagine a the power to limit your choices to doms should care about net neutrality. world with no independent voices, and watching Comcast-owned content over One popular Minnesota blogger no competition. Comcast’s services, like its video should be able to get his or her infor- But now let me go back specifically OnDemand service. mation to you as quickly as MSNBC. to Comcast. Not just its cable profile. I use the phrase ‘‘if this deal goes Or to say it another way, MSNBC Let’s talk about Comcast’s control of through’’ because this is exactly the shouldn’t be able to pay millions to get the Internet. There is no better exam- sort of anticompetitive behavior that their Web site to load faster on your ple of how Comcast plans to use its vir- the Department of Justice and the FCC computer. We do not want corporations tual monopoly than what we have seen are supposed to stop. to be able to drown out the voices of in the last few weeks with its treat- What is even more ludicrous is that smaller, less powerful individuals. ment of Netflix. this is happening when Comcast and Unfortunately, the proposal before I think we can all agree that Netflix NBC should be on their best behavior. the FCC—which I will admit I haven’t has changed the way many Americans Right now, they are under close scru- seen because it has not been made pub- watch movies, and it all started be- tiny by two Federal agencies, the FCC lic—would reportedly allow companies cause one of its founders was sick of and the DOJ. Yet they seem to be mak- to do just that. It would allow Internet

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22962 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 providers to create a fast lane for com- which has benefited all consumers. and say goodbye to those who will not panies that can afford to pay a pre- Now think of the next Facebook or the be returning in January for the begin- mium. It would allow mobile networks, next YouTube or the next Amazon. The ning of the next Congress. One of those like AT&T and Verizon Wireless, to only way to guarantee that innovation I know we will all miss in the months completely block content and applica- will continue is to have strong net neu- to come is KIT BOND. tions whenever it suits them—for ei- trality rules that will protect and I still remember the first time KIT ther political or business reasons. maintain today’s free and open Inter- BOND was drawn to our attention on a Let me underscore this—this is the net. national basis. It was 1974 and then first time the FCC has allowed dis- So the FCC has to make two big deci- Governor KIT BOND was being honored crimination on the Internet. sions, one on the Comcast-NBC merger, for his work in state and municipal af- Let me give you an example. Maybe and one on net neutrality. These deci- fairs by the Jaycees as one of the Ten you like Google Maps. Well, tough. If sions will impact every American for Outstanding Young Americans of that the FCC passes this weak rule, Verizon years to come. year. He was in his thirties and he was will be able to cutoff access to the You may not know this, but the FCC already making his mark in the day to Google Maps app on your phone and is an independent agency. Independent day life of his home State at a time force you to use their own mapping agencies are nonpartisan. They are not when most people his age were still program, Verizon Navigator, even if it beholden to Congress or to the Presi- trying to find the ‘‘right’’ career to is not as good, even if they charge dent, and they certainly should not be focus their energies on that would be money, when Google Maps is free. beholden to the industries they regu- both challenging and rewarding. After If corporations are allowed to late. That is why I am concerned when seeing him so recognized and realizing prioritize content on the Internet, or I hear that the Chairman of the FCC is what it meant, I was inspired myself. I they are allowed to block applications calling the CEOs of companies they are have been in awe of him ever since. you access on your iPhone, there is supposed to be regulating, seeking That honor that KIT received so nothing to prevent those same corpora- their public endorsement of his net many years ago proved to be one of the tions from censoring political speech. neutrality proposal. first to come his way during a four-dec- The Obama campaign used a mobile Independent agencies are charged ade career that now includes his serv- app to help organize volunteers. And with acting in the public interest. So ice to the people of Missouri on the now there are a bunch of Tea Party when I hear that the FCC is consid- State and the Federal level. Over the apps you can download. But maybe not ering a net neutrality proposal that is years he has been a champion for the for long. Not if your wireless carrier supported by the largest media cor- people of his home State and that is doesn’t want you to get them. And that porations in America, I am suspicious, why they have elected and reelected is something every American should and you should be too. The FCC should him numerous times. Simply put, he care very deeply about. not be worrying about getting the sign- has been an outstanding and highly ef- I am here on the floor today because off from the very corporations that it fective legislator. I think Americans need to understand is supposed to be regulating, period. It is no secret. KIT has an amazing just how critical net neutrality really The FCC has made public its plans to resume. Actually, it is more a record of is. act on its flawed net neutrality pro- success that lists what he has achieved This is complicated stuff. But it di- posal this coming Tuesday. I sincerely and the results he has been able to ob- rectly affects all of us. hope that the FCC will make signifi- tain that reflect the work he has been And it is not just about speech, it is cant improvements before then, and a part of that has helped to make our also about entrepreneurship and inno- that each of the Commissioners will country a better place for us all to live. vation. It is about our economy. think long and hard before they vote to Looking back, KIT had already begun There is no question in my mind that approve a proposal that could actually to make a name for himself when he without significant changes, the pro- make things worse for all Americans. graduated from the University of Vir- posal currently pending before the FCC I have also heard that the FCC is ginia’s law school. He was first in his would be bad for our economy. going to be acting very soon on the class and had a number of opportuni- Think about companies like NBC-Comcast merger, and it needs to ties awaiting him, some of which he ex- YouTube, which started in a tiny office do this in the light of day, not hidden plored, before he returned home to Mis- above a pizzeria, and grew to be worth in the middle of Christmas and New souri. Once there he began his career of billions of dollars. At the time, Google Year’s. The American people have a public service as the State’s assistant had a competing product, Google right to know about this merger. I will attorney general under former Senator Video, which was then the standard but be supremely disappointed if approval John Danforth. was widely seen as inferior. Had Google of the merger is slipped through when Soon thereafter KIT won his first been able to pay Comcast large most of America is unwrapping pre- statewide race when he was elected to amounts of money to make its website sents and spending time with their serve as State Auditor. Two years after faster than YouTube’s, YouTube would families, not worrying about their that, he became the State’s first Re- be nowhere. Fortunately, Google could cable or Internet bills. publican to serve as Governor since the not pay for priority access, and the We are at a pivotal moment and we days of World War II. He was also the rest is history. need to stop the cascade of dominos youngest Governor the State had ever Think about Facebook. Once upon a that will forever change how we pay for had. time, it was a small startup. Remem- TV and browse the Internet. But it is As Governor he learned a lot of les- ber Friendster or MySpace? They were not too late. The government has a sons that stemmed from being a Repub- once the dominant social networking role to play here, and I hope the FCC lican Governor with a general assembly sites before Facebook won over users will step up, be brave, and do what is with 70 percent Democratic majorities with a vastly superior product. But right for the American people. in both Houses. He has commented that might have never happened if I yield the floor. that those days taught him a great Friendster or MySpace had paid lots of f deal about the meaning of bipartisan- money to reach users faster. If ship. That is why, when he ran for and Facebook had taken a significantly TRIBUTES TO RETIRING won a Senate seat, he soon became longer time to load on your computer, SENATORS known for his ability to work with all it never would have succeeded. KIT BOND of his colleagues on a long list of These are just some examples of how Mr. ENZI. Mr. President, At the end issues. today’s free and open Internet has fos- of each session of Congress it has long Over the years, for example, he has tered innovation, which has created been a tradition in the Senate to take been a tireless supporter of our Na- jobs, and has spurred competition, a moment to express our appreciation tion’s military. He has also been a

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22963 fighter for our veterans and their right ice located at 331 1st Street in By Mr. HARKIN (for himself, Mr. to the benefits they have earned Carlstadt, New Jersey, as the ‘‘Staff GRASSLEY, Mr. BROWN of Ohio, Mr. through their service. Sergeant Frank T. Carvill and Lance VOINOVICH, and Mr. BUNNING): Another issue close to his heart has Corporal Michael A. Schwarz Post Of- S. Res. 703. A resolution recognizing and honoring Bob Feller and expressing the con- been the need to increase the avail- fice Building’’. dolences of the Senate to his family on his ability of safe and affordable housing H.R. 5605. An act to designate the fa- death; considered and agreed to. and improve the infrastructure of Mis- cility of the United States Postal Serv- By Mr. SCHUMER (for himself and Mr. souri and the rest of the Nation. ice located at 47 East Fayette Street in BENNETT): These and many other issues that KIT Uniontown, Pennsylvania, as the S. Res. 704. A resolution to authorize the has taken up during his career reflect ‘‘George C. Marshall Post Office’’. printing of a revised edition of the Senate his belief in the importance of doing H.R. 5606. An act to designate the fa- Election Law Guidebook; considered and everything we can today to make our cility of the United States Postal Serv- agreed to. tomorrows better for our children and ice located at 47 South 7th Street in In- f our grandchildren—since their future is diana, Pennsylvania, as the ‘‘James M. ADDITIONAL COSPONSORS ours, too. ‘Jimmy’ Stewart Post Office Building’’. AMENDMENT NO. 4814 I know I am not the only one who H.R. 5655. An act to designate the At the request of Mrs. HUTCHISON, her will have a moment from time to time Little River Branch facility of the United States Postal Service located at name was added as a cosponsor of next year when I will wish KIT was still 140 NE 84th Street in Miami, Florida, amendment No. 4814 proposed to Trea- around here, walking around with that as the ‘‘Jesse J. McCrary, Jr. Post Of- ty Doc. 111–5, treaty between the trademark smile of his, caught up in fice’’. United States of America and the Rus- yet another battle for something he be- H.R. 5877. An act to designate the fa- sian Federation on Measures for the lieved in, something he knew would be cility of the United States Postal Serv- Further Reduction and Limitation of important to the people of Missouri ice located at 655 Centre Street in Ja- Strategic Offensive Arms, signed in and the future of our Nation. maica Plain, Massachusetts, as the Fortunately, whenever we feel the Prague on April 8, 2010, with Protocol. ‘‘Lance Corporal Alexander Scott At the request of Mr. BARRASSO, the need for a little of his advice or an ob- Arredondo, United States Marine Corps name of the Senator from Texas (Mr. servation or two we will know where to Post Office Building’’. CORNYN) was added as a cosponsor of find him—just down the street, back H.R. 6392. An act to designate the fa- amendment No. 4814 proposed to Trea- home in Missouri. cility of the United States Postal Serv- ty Doc. 111–5, supra. Now that this chapter of KIT’s life ice located at 5003 Westfields Boulevard At the request of Mr. BOND, his name has ended, I have no doubt another will in Centreville, Virginia, as the ‘‘Colo- was added as a cosponsor of amend- soon begin. As KIT pointed out, ‘‘there nel George Juskalian Post Office Build- ment No. 4814 proposed to Treaty Doc. are many ways to serve’’ and ‘‘elective ing’’. 111–5, supra. office is only one of them.’’ H.R. 6400. An act to designate the fa- As he leaves the Senate, I would like cility of the United States Postal Serv- AMENDMENT NO. 4847 to thank him for his willingness to ice located at 111 North 6th Street in At the request of Mr. LEMIEUX, the serve; his wife Linda for her support St. Louis, Missouri, as the ‘‘Earl Wil- name of the Senator from Oklahoma and encouragement along the way; his son, Jr. Post Office’’. (Mr. INHOFE) was added as a cosponsor of amendment No. 4847 intended to be son Sam for his heroic service in our f Armed Forces; and all the members of proposed to Treaty Doc. 111–5, treaty REPORTS OF COMMITTEES his family who stood behind him over between the United States of America the years. The following reports of committees and the Russian Federation on Meas- Diana and I send our best wishes and were submitted: ures for the Further Reduction and heartfelt appreciation to them all. We By Mr. HARKIN, from the Committee on Limitation of Strategic Offensive especially want to thank KIT and Linda Health, Education, Labor, and Pensions: Arms, signed in Prague on April 8, 2010, Report to accompany S. 3817, A bill to with Protocol. for their friendship and for all they amend the Child Abuse Prevention and have meant to this Senate family of Treatment Act, the Family Violence Preven- f ours that extends from one corner of tion and Services Act, the Child Abuse Pre- SUBMITTED RESOLUTIONS our Nation to the other. vention and Treatment and Adoption Reform Keep in touch. We will always enjoy Act of 1978, and the Abandoned Infants As- hearing from you with your thoughts sistance Act of 1988 to reauthorize the Acts, SENATE RESOLUTION 703—RECOG- about whatever we happen to be taking and for other purposes (Rept. No. 111–378). NIZING AND HONORING BOB up on the Senate floor. Good luck and f FELLER AND EXPRESSING THE God bless. INTRODUCTION OF BILLS AND CONDOLENCES OF THE SENATE f JOINT RESOLUTIONS TO HIS FAMILY ON HIS DEATH MESSAGE FROM THE HOUSE The following bills and joint resolu- Mr. HARKIN (for himself, Mr. GRASS- tions were introduced, read the first LEY, Mr. BROWN of Ohio, Mr. VOINOVICH, ENROLLED BILLS SIGNED and second times by unanimous con- and Mr. BUNNING) submitted the fol- The President pro tempore (Mr. sent, and referred as indicated: lowing resolution; which was consid- INOUYE) announced that he had signed ered and agreed to: the following enrolled bills on Decem- By Mr. TESTER: S. 4049. A bill to sustain the economic de- S. RES. 703 ber 17, 2010, which were previously velopment and recreational use of National Whereas Robert William Andrew (‘‘Bob’’) signed by the Speaker of the House: Forest System land and other public land in Feller was born on November 3, 1918, near the State of Montana, to add certain land to S. 3447. An act to amend title 38, Van Meter, Iowa; the National Wilderness Preservation Sys- United States Code, to improve edu- Whereas Bob Feller learned to play base- cational assistance for veterans who tem, to release certain wilderness study areas, to designate new areas for recreation, ball on his parents’ farm in Dallas County, served in the Armed Forces after Sep- and for other purposes; to the Committee on Iowa, and commented that ‘‘What kid tember 11, 2001, and for other purposes. Energy and Natural Resources. wouldn’t enjoy the life I led in Iowa? Base- ball and farming, and I had the best of both H.R. 4602. An act to designate the fa- f cility of the United States Postal Serv- worlds’’; ice located at 1332 Sharon Copley Road SUBMISSION OF CONCURRENT AND Whereas Feller attended Van Meter High SENATE RESOLUTIONS School where he pitched for the baseball in Sharon Center, Ohio, as the ‘‘Emil team; Bolas Post Office’’. The following concurrent resolutions Whereas Feller, at the age of 17, joined the H.R. 5133. An act to designate the fa- and Senate resolutions were read, and Cleveland Indians, where he played for 18 cility of the United States Postal Serv- referred (or acted upon), as indicated: years, his entire career;

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22964 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 Whereas Feller led the American League in amend section 202 of the Housing Act of 1959, ‘‘(A) the plan sponsor is not a debtor in a wins 6 times; to improve the program under such section case under title 11, United States Code, or Whereas Feller led the American League in for supportive housing for the elderly, and similar Federal or State law, strikeouts 7 times; for other purposes. ‘‘(B) there are no unpaid minimum re- Whereas Feller pitched 3 no-hitters, in- SA 4851. Mr. SESSIONS submitted an quired contributions with respect to the plan cluding the only Opening Day no-hitter, and amendment intended to be proposed by him for purposes of section 4971 (imposing an ex- shares the major league record with 12 one- to Treaty Doc. 111–5, Treaty between the cise tax when minimum required contribu- hitters; United States of America and the Russian tions are not paid by the due date for the Whereas Feller was an 8-time All-Star; Federation on Measures for the Further Re- plan year), Whereas Feller was a key member of the duction and Limitation of Strategic Offen- ‘‘(C) there are no outstanding liens in favor 1948 World Series Champion Cleveland Indi- sive Arms, signed in Prague on April 8, 2010, of the plan under subsection (k), and ans; with Protocol; which was ordered to lie on ‘‘(D) the plan sponsor has not initiated a Whereas Feller threw the second fastest the table. distress termination of the plan under sec- pitch ever officially recorded, at 107.6 miles SA 4852. Mr. THUNE submitted an amend- tion 4041 of the Employee Retirement In- per hour; ment intended to be proposed by him to come Security Act of 1974.’’. Whereas Feller ended his career with 266 Treaty Doc. 111–5, supra; which was ordered (c) EFFECTIVE DATE.—The amendments victories and 2,581 strikeouts; to lie on the table. made by this section shall take effect as if Whereas Feller remains the winningest SA 4853. Mr. CORNYN submitted an included in the amendments made by the pitcher in Cleveland Indians history; amendment intended to be proposed by him provisions of the Preservation of Access to Whereas Feller was elected to the Baseball to Treaty Doc. 111–5, supra; which was or- Care for Medicare Beneficiaries and Pension Hall of Fame in 1962, his first year of eligi- dered to lie on the table. Relief Act of 2010 to which the amendments bility; f relate. SEC. 2. ELIGIBLE CHARITY PLANS. Whereas Feller enlisted in the Navy 2 days TEXT OF AMENDMENTS after the attack on Pearl Harbor in 1941; (a) DEFINITION OF ELIGIBLE CHARITY Whereas Feller served with valor in the SA 4848. Mr. BROWN of Ohio (for Mr. PLANS.— (1) IN GENERAL.—Section 104(d) of the Pen- Navy for nearly 4 years, missing almost 4 BAUCUS) proposed an amendment to the full baseball seasons; sion Protection Act of 2006, as added by sec- bill H.R. 4915, to amend the Internal tion 202(b) of the Preservation of Access to Whereas Feller was stationed aboard the Revenue Code of 1986 to extend the Care for Medicare Beneficiaries and Pension U.S.S. Alabama as a gunnery specialist; funding and expenditure authority of Relief Act of 2010, is amended to read as fol- Whereas Feller earned 8 battle stars and the Airport and Airway Trust Fund, to lows: was discharged in late 1945; and ‘‘(d) ELIGIBLE CHARITY PLAN DEFINED.—For Whereas Bob Feller, one of the greatest amend title 49, United States Code, to extend authorizations for the airport purposes of this section, a plan shall be baseball players of all time, placed service to treated as an eligible charity plan for a plan his country ahead of all else: Now, therefore, improvement program, and for other year if— be it purposes; as follows: ‘‘(1) the plan is maintained by one or more Resolved, That the Senate— Strike all after the enacting clause and in- employers employing employees who are ac- (1) honors Bob Feller for transcending the sert the following: cruing benefits based on service for the plan sport of baseball in service to the United SECTION 1. DEFINITION OF ELIGIBLE PLAN year, States and the cause of democracy and free- YEAR. ‘‘(2) such employees are employed in at dom in World War II; (a) AMENDMENT TO ERISA.—Clause (v) of least 20 States, (2) recognizes Bob Feller as one of the section 303(c)(2)(D) of the Employee Retire- ‘‘(3) more than 98 percent of such employ- greatest baseball players of all time; and ment Income Security Act of 1974 (29 U.S.C. ees are employed by an employer described (3) extends its deepest condolences to the 1083(c)(2)(D)), as added by section 201(a)(1) of in section 501(c)(3) of such Code and the pri- family of Bob Feller. the Preservation of Access to Care for Medi- mary exempt purpose of each such employer f care Beneficiaries and Pension Relief Act of is to provide services with respect to chil- 2010, is amended— SENATE RESOLUTION 704—TO AU- dren, and (1) by striking ‘‘on or after the date of the ‘‘(4) the plan sponsor elects (at such time THORIZE THE PRINTING OF A enactment of this subparagraph’’ and insert- and in such form and manner as shall be pre- REVISED EDITION OF THE SEN- ing ‘‘on or after June 25, 2010 (March 10, 2010, scribed by the Secretary of the Treasury) to ATE ELECTION LAW GUIDEBOOK in the case of an eligible plan)’’, and be so treated. (2) by adding at the end the following new Any election under this subsection may be Mr. SCHUMER (for himself and Mr. sentence: ‘‘For purposes of the preceding sen- BENNETT) submitted the following reso- revoked only with the consent of the Sec- tence, a plan shall be treated as an eligible retary of the Treasury.’’. lution; which was considered and plan only if, as of the date of the election (2) EFFECTIVE DATE.—The amendment agreed to: with respect to the plan under clause (i)— made by this subsection shall take effect as S. RES. 704 ‘‘(A) the plan sponsor is not a debtor in a if included in the amendment made by the case under title 11, United States Code, or Resolved, That the Committee on Rules and provision of the Preservation of Access to similar Federal or State law, Administration shall prepare a revised edi- Care for Medicare Beneficiaries and Pension ‘‘(B) there are no unpaid minimum re- tion of the Senate Election Law Guidebook, Relief Act of 2010 to which the amendment quired contributions with respect to the plan Senate Document 109–10, and that such docu- relates (determined after application of the for purposes of section 4971 of the Internal ment shall be printed as a Senate document. amendment made by subsection (c)), except Revenue Code of 1986 (imposing an excise tax SEC. 2. There shall be printed, beyond the that a plan sponsor may elect to apply such usual number, 500 additional copies of the when minimum required contributions are amendment to plan years beginning on or document specified in the first section for not paid by the due date for the plan year), after January 1, 2011. the use of the Committee on Rules and Ad- ‘‘(C) there are no outstanding liens in favor (b) REGULATIONS.—The Secretary of the ministration. of the plan under subsection (k), and Treasury may prescribe such regulations as ‘‘(D) the plan sponsor has not initiated a may be necessary to carry out the purposes f distress termination of the plan under sec- of the amendments made by section 202(b) of AMENDMENTS SUBMITTED AND tion 4041.’’. the Preservation of Access to Care for Medi- PROPOSED (b) AMENDMENT TO INTERNAL REVENUE CODE care Beneficiaries and Pension Relief Act of OF 1986.—Clause (v) of section 430(c)(2)(D) of 2010 and the amendment made by subsection SA 4848. Mr. BROWN of Ohio (for Mr. BAU- the Internal Revenue Code of 1986, as added (a). CUS) proposed an amendment to the bill H.R. by section 201(b)(1) of the Preservation of Ac- (c) APPLICATION OF NEW RULES TO ELIGIBLE 4915, to amend the Internal Revenue Code of cess to Care for Medicare Beneficiaries and CHARITY PLANS.— 1986 to extend the funding and expenditure Pension Relief Act of 2010, is amended— (1) IN GENERAL.—Paragraph (2) of section authority of the Airport and Airway Trust (1) by striking ‘‘on or after the date of the 202(c) of the Preservation of Access to Care Fund, to amend title 49, United States Code, enactment of this subparagraph’’ and insert- for Medicare Beneficiaries and Pension Re- to extend authorizations for the airport im- ing ‘‘on or after June 25, 2010 (March 10, 2010, lief Act of 2010 is amended to read as follows: provement program, and for other purposes. in the case of an eligible plan)’’, and ‘‘(2) ELIGIBLE CHARITY PLANS.—The amend- SA 4849. Mr. BROWN of Ohio (for Mr. BAU- (2) by adding at the end the following new ments made by subsection (b) shall apply to CUS) proposed an amendment to the bill H.R. sentence: ‘‘For purposes of the preceding sen- plan years beginning after December 31, 2010, 4915, supra. tence, a plan shall be treated as an eligible except that a plan sponsor may elect to SA 4850. Mr. BROWN of Ohio (for Mr. DODD) plan only if, as of the date of the election apply such amendments to plan years begin- proposed an amendment to the bill S. 118, to with respect to the plan under clause (i)— ning after an earlier date.’’.

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22965 (2) EFFECTIVE DATE.—The amendment SEC. 4. OPTIONAL USE OF 30-YEAR AMORTIZA- and the Russian Federation on Meas- made by this subsection shall take effect as TION PERIODS. ures for the Further Reduction and if included in the amendment made by the (a) AMENDMENT TO ERISA.—Paragraph (8) Limitation of Strategic Offensive of section 304(b) of the Employee Retirement provision of the Preservation of Access to Arms, signed in Prague on April 8, 2010, Care for Medicare Beneficiaries and Pension Income Security Act of 1974, as amended by Relief Act of 2010 to which the amendment the Preservation of Access to Care for Medi- with Protocol; which was ordered to lie relates. care Beneficiaries and Pension Relief Act of on the table; as follows: 2010, is amended by striking ‘‘after August At the end of subsection (c), add the fol- SEC. 3. SUSPENSION OF CERTAIN FUNDING 31, 2008’’ each place it appears in subpara- lowing: LEVEL LIMITATIONS. graphs (A)(i), (B)(i)(I), and (B)(i)(II), and in- (14) NUCLEAR DETERRENCE.—The Senate de- (a) LIMITATIONS ON BENEFIT ACCRUALS.— serting ‘‘on or after June 30, 2008’’. clares that it will not support further nu- Section 203 of the Worker, Retiree, and Em- (b) AMENDMENT TO INTERNAL REVENUE CODE clear reductions that put the United States ployer Recovery Act of 2008 (Public Law 110– OF 1986.—Paragraph (8) of section 431(b) of on a path to zero nuclear weapons, would re- 458; 122 Stat. 5118) is amended— the Internal Revenue Code of 1986, as amend- quire the elimination of a leg of the United (1) by striking ‘‘the first plan year begin- ed by the Preservation of Access to Care for States nuclear triad, or require significant ning during the period beginning on October Medicare Beneficiaries and Pension Relief changes to the nuclear posture or doctrine of 1, 2008, and ending on September 30, 2009’’ Act of 2010, is amended by striking ‘‘after the United States in a manner that would and inserting ‘‘any plan year beginning dur- August 31, 2008’’ each place it appears in sub- undermine the credibility of the nuclear de- ing the period beginning on October 1, 2008, paragraphs (A)(i) and (B)(i)(I) and inserting terrent, the assurance of extended deter- and ending on December 31, 2011’’; ‘‘on or after June 30, 2008’’. rence, or the dissuasive effect of the posture (2) by striking ‘‘substituting’’ and all that (c) EFFECTIVE DATE AND SPECIAL RULES.— or doctrine on would-be nuclear states or po- follows through ‘‘for such plan year’’ and in- The amendments made by this section shall tential nuclear competitors. serting ‘‘substituting for such percentage the take effect as of the first day of the first plan’s adjusted funding target attainment plan year beginning on or after June 30, 2008, SA 4852. Mr. THUNE submitted an percentage for the last plan year ending be- except that any election a plan sponsor amendment intended to be proposed by fore September 30, 2009,’’; and makes pursuant to this section or the him to Treaty Doc. 111–5, Treaty be- amendments made thereby that affects the (3) by striking ‘‘for the preceding plan year tween the United States of America is greater’’ and inserting ‘‘for such last plan plan’s funding standard account for any plan year is greater’’. year beginning before October 1, 2009, shall and the Russian Federation on Meas- be disregarded for purposes of applying the ures for the Further Reduction and (b) SOCIAL SECURITY LEVEL-INCOME OP- provisions of section 305 of the Employee Re- Limitation of Strategic Offensive TIONS.— tirement Income Security Act of 1974 and Arms, signed in Prague on April 8, 2010, (1) ERISA AMENDMENT.—Section section 432 of the Internal Revenue Code of with Protocol; which was ordered to lie 206(g)(3)(E) of the Employee Retirement In- 1986 to that plan year. come Security Act of 1974 is amended by add- on the table; as follows: ing at the end the following new sentence: SA 4849. Mr. BROWN of Ohio (for Mr. At the end of subsection (a), add the fol- ‘‘For purposes of applying clause (i) in the lowing: BAUCUS) proposed an amendment to the case of payments the annuity starting date (11) DEVELOPMENT OF REPLACEMENT HEAVY bill H.R. 4915, to amend the Internal for which occurs on or before December 31, BOMBER.—Prior to entry into force of the 2011, payments under a social security lev- Revenue Code of 1986 to extend the New START Treaty, the President shall cer- eling option shall be treated as not in excess funding and expenditure authority of tify to the Senate that the President has of the monthly amount paid under a single the Airport and Airway Trust Fund, to made a commitment to develop a replace- life annuity (plus an amount not in excess of amend title 49, United States Code, to ment heavy bomber that is both nuclear and a social security supplement described in the extend authorizations for the airport conventionally capable. last sentence of section 204(b)(1)(G)).’’. improvement program, and for other (2) IRC AMENDMENT.—Section 436(d)(5) of purposes; as follows: SA 4853. Mr. CORNYN submitted an the Internal Revenue Code of 1986 is amended amendment intended to be proposed by by adding at the end the following new sen- Amend the title so as to read: ‘‘An Act to amend the Internal Revenue Code of 1986 to him to Treaty Doc. 111–5, Treaty be- tence: ‘‘For purposes of applying subpara- tween the United States of America graph (A) in the case of payments the annu- make technical corrections to the pension ity starting date for which occurs on or be- funding provisions of the Preservation of Ac- and the Russian Federation on Meas- fore December 31, 2011, payments under a so- cess to Care for Medicare Beneficiaries and ures for the Further Reduction and cial security leveling option shall be treated Pension Relief Act of 2010.’’. Limitation of Strategic Offensive as not in excess of the monthly amount paid Arms, signed in Prague on April 8, 2010, under a single life annuity (plus an amount SA 4850. Mr. BROWN of Ohio (for Mr. with Protocol; which was ordered to lie not in excess of a social security supplement DODD) proposed an amendment to the on the table; as follows: bill S. 118, to amend section 202 of the described in the last sentence of section At the end of subsection (a), add the fol- 411(a)(9)).’’. Housing Act of 1959, to improve the lowing: (3) EFFECTIVE DATE.— program under such section for sup- (11) PRESIDENTIAL CERTIFICATION REJECTING (A) IN GENERAL.—The amendments made portive housing for the elderly, and for INTERRELATIONSHIP BETWEEN STRATEGIC OF- by this subsection shall apply to annuity other purposes; as follows: FENSIVE AND STRATEGIC DEFENSIVE ARMS.— payments the annuity starting date for The New START Treaty shall not enter into which occurs on or after January 1, 2011. On page 45, strike line 1 and all that fol- lows through page 50, line 8. force until the President certifies to the Sen- (B) PERMITTED APPLICATION.—A plan shall ate and notifies the President of the Russian not be treated as failing to meet the require- On page 50, after line 8, insert the fol- lowing: Federation in writing that the President re- ments of sections 206(g) of the Employee Re- jects the following recognition stated in the TITLE IV—COMPLIANCE WITH tirement Income Security Act of 1974 (as preamble to the New START Treaty: ‘‘Rec- STATUTORY PAY-AS-YOU-GO ACT OF 2010 amended by this subsection) and section ognizing the existence of the interrelation- 436(d) of the Internal Revenue Code of 1986 SEC. 401. BUDGETARY EFFECTS. ship between strategic offensive arms and (as so amended) if the plan sponsor elects to The budgetary effects of this Act, for the strategic defensive arms, that this inter- apply the amendments made by this sub- purpose of complying with the Statutory relationship will become more important as section to payments the annuity starting Pay-As-You-Go-Act of 2010, shall be deter- strategic nuclear arms are reduced, and that date for which occurs before January 1, 2011. mined by reference to the latest statement current strategic defensive arms do not un- (c) REPEAL OF RELATED PROVISIONS.—The titled ‘‘Budgetary Effects of PAYGO Legisla- dermine the viability and effectiveness of provisions of, and the amendments made by, tion’’ for this Act, submitted for printing in the strategic offensive arms of the Parties’’. section 203 of the Preservation of Access to the Congressional Record by the Chairman of f Care for Medicare Beneficiaries and Pension the Senate Budget Committee, provided that Relief Act of 2010 are repealed and the Em- such statement has been submitted prior to PRIVILEGES OF THE FLOOR ployee Retirement Income Security Act of the vote on passage. 1974, the Internal Revenue Code of 1986, and Mr. REID. Mr. President, I ask unan- the Worker, Retiree, and Employer Recovery SA 4851. Mr. SESSIONS submitted an imous consent that two additional staff Act of 2008 (Public Law 110–458; 122 Stat. 5118) amendment intended to be proposed by members from Senator LIEBERMAN’s of- shall be applied as if such section had never him to Treaty Doc. 111–5, Treaty be- fice be granted floor privileges for the been enacted. tween the United States of America duration of the debate on the vote to

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22966 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 invoke cloture on the motion to concur LOCAL COMMUNITY RADIO ACT OF FEDERAL AVIATION ADMINISTRA- in the House amendment to the Senate 2010 TION EXTENSION ACT OF 2010 amendment to H.R. 2965. Mr. BROWN of Ohio. Mr. President, I Mr. BROWN of Ohio. Mr. President, I We do not need their names. You are ask unanimous consent that the Sen- ask unanimous consent that the Fi- entitled to two and he wants to be able ate proceed to the immediate consider- nance Committee be discharged from to have four. So I ask that consent. ation of H.R. 6533, which was received further consideration of H.R. 4915 and The ACTING PRESIDENT pro tem- from the House. the Senate proceed to its consider- pore. Without objection, it is so or- The PRESIDING OFFICER. The ation. dered. clerk will report the bill by title. The PRESIDING OFFICER. Without f The bill clerk read as follows: objection, it is so ordered. REAL PROPERTY CONVEYANCE A bill (H.R. 6533) to implement the rec- The clerk will report the bill by title. ommendations of the Federal Communica- The bill clerk read as follows: The PRESIDING OFFICER. The Sen- tions Commission report to the Congress re- A bill (H.R. 4915) to amend the Internal garding low-power FM service, and for other ator from Ohio. Revenue Code of 1986 to extend the funding purposes. Mr. BROWN of Ohio. Mr. President, I and expenditure authority of the Airport and ask unanimous consent that the Com- There being no objection, the Senate Airway Trust Fund, to amend title 49, United mittee on Environment and Public proceeded to consider the bill. States Code, to extend authorizations for the Works be discharged from further con- Mr. LEAHY. Mr. President, I have airport improvement program, and for other sideration of H.R. 6510 and the Senate long argued in favor of greater diver- purposes. proceed to its immediate consider- sity and localism in broadcasting. There being no objection, the Senate ation. Today, Congress takes a positive step proceeded to consider the bill. The PRESIDING OFFICER. Without by making available more radio broad- Mr. BROWN of Ohio. I ask unanimous objection, it is so ordered. The clerk cast outlets for local content. consent that the Baucus substitute will report the bill by title. I am pleased that Congress has fi- amendment at the desk be considered The bill clerk read as follows: nally passed and sent to the President and agreed to; the bill, as amended, be A bill (H.R. 6510) to direct the Adminis- the Local Community Radio Act, read a third time, passed, and the mo- trator of General Services to convey a parcel which will increase the number of fre- tion to reconsider be laid on the table; of real property in Houston, Texas, to the quencies available for low power FM, that the title amendment which is at Military Museum of Texas, and for other LPFM, radio stations. I am a cosponsor the desk be considered and agreed to, purposes. of the Senate version of this legisla- and that any statements related there- There being no objection, the Senate tion, and have been an original cospon- to be printed in the RECORD. proceeded to consider the bill. sor of similar legislation in each of the The PRESIDING OFFICER. Without Mr. BROWN of Ohio. I ask unanimous previous two Congresses. I commend objection, it is so ordered. consent the bill be read a third time Senator CANTWELL for her hard work in The amendment (No. 4848) was agreed and passed, the motion to reconsider be reaching an agreement with full power to. laid upon the table, and any state- broadcasters that will ensure they are (The amendment is printed in today’s ments relating to the measure be print- protected. RECORD under ‘‘Text of Amendments.’’) ed in the RECORD. The rash of nationwide consolidation The amendment (No. 4849) was agreed The PRESIDING OFFICER. Without we have witnessed in the broadcast in- to, as follows: objection, it is so ordered. dustry over the last decade has been (Purpose: To amend the title) The bill (H.R. 6510) was ordered to a alarming, if predictable. Low power FM Amend the title so as to read: ‘‘An Act to third reading, was read the third time, stations offer a valuable counterweight amend the Internal Revenue Code of 1986 to and passed. to this trend. By using low power sta- make technical corrections to the pension f tions, community groups can access funding provisions of the Preservation of Ac- underutilized spectrum and provide cess to Care for Medicare Beneficiaries and AIRPORT AND AIRWAY EXTENSION content tailored to smaller commu- Pension Relief Act of 2010.’’. ACT OF 2010 nities. The Local Community Radio The amendments were ordered to be Mr. BROWN of Ohio. Mr. President, I Act rolls back unnecessary restrictions engrossed and the bill to be read a ask unanimous consent that the Sen- that have limited the number of fre- third time. ate proceed to the immediate consider- quencies on which LPFM stations can The bill (H.R. 4915), as amended, was ation of H.R. 6473, which was received operate. read the third time and passed. from the House and is at the desk. This legislation is important because f The PRESIDING OFFICER. The LPFM stations provide opportunities clerk will report the bill by title. for local organizations to serve local HONORING AMBASSADOR RICHARD The bill clerk read as follows: communities. Vermont has 11 LPFM HOLBROOKE A bill (H.R. 6473) to amend the Internal stations serving local communities in Mr. BROWN of Ohio. Mr. President, I Revenue Code of 1986 to extend the funding Vermont from Hyde Park to ask unanimous consent that the Sen- and expenditure authority of the Airport and Brattleboro to Warren. There is room ate proceed to the immediate consider- Airway Trust Fund, to amend title 49, United for more in Vermont and across the ation of H. Con. Res. 335 just received States Code, to extend the airport improve- country. from the House and at the desk. ment program, and for other purposes. Low Power FM provides the oppor- The PRESIDING OFFICER. The There being no objection, the Senate tunity for truly local content to flour- clerk will report. proceeded to consider the bill. ish, and today’s legislation will make The bill clerk read as follows: Mr. BROWN of Ohio. Mr. President, I more such stations available. A concurrent resolution (H. Con. Res. 335) ask unanimous consent that the bill be Mr. BROWN of Ohio. Mr. President, I honoring the exceptional achievements of read three times and passed, the mo- ask unanimous consent that the bill be Ambassador Richard Holbrooke and recog- tion to reconsider be laid upon the read a third time and passed, the mo- nizing the significant contributions he has table, with no intervening action or de- tion to reconsider be laid upon the made to United States national security, hu- bate, and any statements be printed in table, and any statements related to manitarian causes, and peaceful resolutions the RECORD. the bill be printed in the RECORD. of international conflict. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without There being no objection, the Senate objection, it is so ordered. objection, it is so ordered. proceeded to consider the concurrent The bill (H.R. 6473) was ordered to a The bill (H.R. 6533) was ordered to a resolution. third reading, was read the third time, third reading, was read the third time, Mr. KERRY. Mr. President, today the and passed. and passed. Senate has been asked to concur with

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22967 our colleagues in the House and ap- tom is filled with men and women in- flooded with tens of thousands of refu- prove a resolution honoring our friend spired and mentored by Richard. Ever gees from Vietnam. They were fleeing and a great public servant, Ambassador since Richard fell ill last Friday morn- the regime there, looking for safe Richard Holbrooke, who passed away ing, dozens of friends and family and haven somewhere else. But most of on Monday. staff gathered in the lobby of George them were not making it. Instead, they We remember Richard not just as one Washington Hospital to show their sup- were drowning. of America’s most distinguished and port and wait for news of his condition. The Seventh Fleet was nearby and accomplished statesmen, but as a man When I stopped by on Sunday night, I could divert to rescue them. But there who—from Vietnam to his last mission couldn’t help but be moved by the love were those in our government who did in Afghanistan—really was a warrior and the concern. And when news of his not want the Navy to be distracted for peace. It is fitting that we honor passing spread, people began spontane- from its other missions. And besides, him by approving this resolution. ously gathering at the hospital. And what would we do with the refugees? Richard was an incredible combina- then—something that Richard would And wouldn’t our actions just encour- tion of the best qualities of the human have understood and appreciated—they age more people to set sail in rickety spirit—a serious thinker who embraced went out together and shared stories boats in an attempt to find freedom? relentless action; a tough-as-nails ne- about him. Back and forth the debate went. Ulti- gotiator who commanded an enormous It was impossible to know Richard mately, Vice President Mondale made and infectious sense of humor; and per- and not come away with ‘‘Holbrooke the decision: America would not stand haps above all, a diplomat who knew stories.’’ Certainly I have my share. idly by while people drowned. Richard firsthand just how difficult and frus- Our public careers were intertwined in wrote this: ‘‘At this time and distance trating engagement could be, but in his so many ways, from Vietnam to my it may be hard to conceive that the de- life’s legacy reminded all of us just how Presidential campaign to the conflict cision, so clearly right, was almost not much engagement could accomplish. in Afghanistan. There were long con- made. There are people who are alive Richard’s passing is almost incom- ference calls, impromptu policy de- today because of Mondale’s decision; of prehensible, not just because it was so bates when we found ourselves on the very few actions by a government offi- sudden, but because I cannot imagine same shuttle to LaGuardia, stories cial can such a thing be said.’’ Well, we can certainly say that—and Richard Holbrooke in anything but a shared about our children and lessons more—of Richard Holbrooke. Earlier state of perpetual motion. He was al- learned about being modern Dads, and this week, we marked the 15th anniver- ways working. Always hard-charging in wonderful wine-filled dinners where we sary of what was perhaps his greatest the best sense of the word—he had an came up with brilliant plans for peace legacy. On December 14, 1995, the Day- immense presence—and a brilliance that didn’t always seem so brilliant—if matched only by his perseverance and ton Peace Accords brought an end to a they were remembered at all—in the his passion. He once complained that 31⁄2 year war in Bosnia that had light of day. Richard always made it the bureaucracy in Washington all too claimed tens of thousands of lives and fun because it is a pleasure to be in the often saw suffering around the world as displaced millions. It is a war that company of someone who loved the job an abstraction. He took Hannah would have inflicted far more misery if they were doing for the country they Arendt’s famous phrase and flipped it Richard had not tirelessly shuttled be- loved. And make no mistake—just shy around, saying that sometimes our big- tween the Serbs and the Croats and the of 70, with a back-breaking schedule— gest battles were against the ‘‘evils of Bosnians. He laid the groundwork for Richard Holbrooke loved what he was banality.’’ the peace talks. And then, over 20 days, Well, Richard waged—and won—his doing. he charmed, he cajoled, and ultimately And so, wherever chaos and violence share of battles against banality and he convinced the three principal lead- inertia. He was always a man on a mis- threatened American interests and ers to end a war. In the years since, sion, the toughest mission, and that human lives for nearly a half century, ‘‘Dayton’’ has become a byword for the mission was waging peace through wherever there was a need for courage kind of aggressive diplomacy that never-quit diplomacy—and Richard’s and insight, Richard Holbrooke showed Richard practiced. At Dayton, Richard life’s work saved more lives in more up for duty. He spent his formative Holbrooke brought himself and the Na- places than we can measure. He simply years as a young Foreign Service offi- tion he represented great honor. got up every day knowing that—even cer in Vietnam, where he worked in the We loved that energy, we loved that in difficult circumstances where his- Mekong Delta and then on the staffs of resolve—that is who Richard was, and tory’s verdict is yet to be handed two American ambassadors, Maxwell he died giving everything he had to one down—every ounce of energy and every Taylor and Henry Cabot Lodge. Given last difficult mission for the country drop of sweat held the promise of mak- the storied expanse of his career, peo- he loved. It is almost a bittersweet ing things better for people. ple sometimes forget that Richard bookend that a career of public service Yes, Richard had an outsized person- wrote a volume of the ‘‘Pentagon Pa- that began trying to save a war gone ality, and it was one that he himself pers,’’ the seminal work that helped wrong, now ends with a valiant effort could joke about, even relish. He turn the course of the Vietnam war. to keep another war from going wrong. earned the nickname ‘‘The Bulldozer’’ And as with all of us who served in Over the last 2 years, he and I worked for a reason. But Richard did not push Vietnam, Richard’s experience there closely together on our policy in Af- people away. He drew people to him. He informed his every judgment, and left ghanistan and Pakistan. His honesty was incredibly appreciative of those him with the conviction that time could be bracing, and I loved that who worked with him and was spent working even against long odds about him. He was always solution- unfailingly loyal to them. I remember to see that peace and diplomacy pre- seeking—and always so committed to last January, when Richard came to vailed over war and violence, was time the mission that he never hesitated to the Foreign Relations Committee to well-invested for the most powerful of leverage the skills of those around him testify on the war in Afghanistan, he nations and the most determined of because it was success he sought, not stopped the hearing to introduce his diplomats. spotlights. top staff—some 16 people. More than He was a pragmatist devoted to prin- Through this resolution, we acknowl- just colleagues, they were his partners. ciple. He believed that the United edge his extraordinary public service He knew their families and he knew States could help people around the and we extend our heartfelt sympathy the names of their children. At the world at the same time as we defended to his family, especially his extraor- State Department he didn’t just create our interests. Richard once wrote dinary wife Kati; Richard’s two sons, an office for Afghanistan and Pakistan, about a meeting he attended in the Sit- David and Anthony; his stepchildren he built a family. uation Room in 1979, when he was As- Elizabeth and Chris Jennings; and his His staff returned his affection and sistant Secretary for East Asia and the daughter-in-law Sarah. We are re- loyalty many times over. Foggy Bot- Pacific. The South China Sea was being minded how much richer all of our

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22968 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 lives have been thanks to the intel- SECTION 202 SUPPORTIVE HOUSING ations and shall not be used to cover construc- ligence, humor, and warmth that Rich- FOR THE ELDERLY ACT OF 2009 tion shortfalls or inadequate initial project rent- al assistance amounts.’’. ard brought to every day of his life. Mr. BROWN of Ohio. Mr. President, I And we mourn your loss with you. SEC. 104. DEFINITION OF PRIVATE NONPROFIT ask unanimous consent that the Sen- ORGANIZATION. I will miss working with Richard ate proceed to the immediate consider- Section 202(k)(4) of the Housing Act of 1959 Holbrooke. And I will remember some- ation of Calendar No. 657, S. 118. (12 U.S.C. 1701q(k)(4)) is amended to read as fol- thing he said last year about his endur- The PRESIDING OFFICER. The lows: ing faith in America despite the many clerk will report the bill by title. ‘‘(4) The term ‘private nonprofit organization’ means— trials we now face. He said, ‘‘I still be- The bill clerk read as follows: lieve in the possibility of the United ‘‘(A) any incorporated private institution or A bill (S. 118) to amend section 202 of the foundation— States . . . persevering against any Housing Act of 1959, to improve the program ‘‘(i) no part of the net earnings of which in- challenge.’’ It is difficult to imagine under such section for supportive housing for ures to the benefit of any member, founder, con- wrestling with the challenges of Af- the elderly, and for other purposes. tributor, or individual; ghanistan and Pakistan without him, There being no objection, the Senate ‘‘(ii) which has a governing board— ‘‘(I) the membership of which is selected in a but we are all sustained by the dec- proceeded to consider the bill, which ades-long example Richard set making manner to assure that there is significant rep- had been reported from the Committee resentation of the views of the community in the possibility of American persever- on Banking, Housing, and Urban Af- which such housing is located; and ance more of a reality. And for that fairs, with an amendment to strike all ‘‘(II) which is responsible for the operation of our Nation will always be grateful. after the enacting clause and insert in the housing assisted under this section, except Mr. BROWN of Ohio. Mr. President, I lieu thereof the following: that, in the case of a nonprofit organization that is the sponsoring organization of multiple thank Ambassador Holbrooke for the SECTION 1. SHORT TITLE AND TABLE OF CON- Dayton Accords, held in Dayton, OH, in TENTS. housing projects assisted under this section, the Secretary may determine the criteria or condi- which Ambassador Holbrooke played (a) SHORT TITLE.—This Act may be cited as tions under which financial, compliance and such a key roll in bringing forward. the ‘‘Section 202 Supportive Housing for the El- derly Act of 2010’’. other administrative responsibilities exercised by I ask unanimous consent that the a single-entity private nonprofit organization concurrent resolution and preamble be (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: that is the owner corporation responsible for the agreed to en bloc; the motions to re- operation of an individual housing project may consider be laid on the table en bloc; Sec. 1. Short title and table of contents. be shared or transferred to the governing board and that any statements relating to TITLE I—NEW CONSTRUCTION REFORMS of such sponsoring organization; and the concurrent resolution be printed in Sec. 101. Selection criteria. ‘‘(iii) which is approved by the Secretary as to Sec. 102. Development cost limitations. financial responsibility; and the RECORD. Sec. 103. Owner deposits. ‘‘(B) a for-profit limited partnership the sole The PRESIDING OFFICER. Without Sec. 104. Definition of private nonprofit organi- general partner of which is— objection, it is so ordered. zation. ‘‘(i) an organization meeting the requirements The concurrent resolution (H. Con. Sec. 105. Nonmetropolitan allocation. under subparagraph (A); Res. 335) was agreed to. ‘‘(ii) a for-profit corporation wholly owned TITLE II—REFINANCING and controlled by one or more organizations The preamble was agreed to. Sec. 201. Approval of prepayment of debt. meeting the requirements under subparagraph Sec. 202. Use of unexpended amounts. (A); or f Sec. 203. Use of project residual receipts. ‘‘(iii) a limited liability company wholly Sec. 204. Additional provisions. owned and controlled by one or more organiza- AUTHORITY TO PRINT TITLE III—ASSISTED LIVING FACILITIES tions meeting the requirements under subpara- AND SERVICE-ENRICHED HOUSING graph (A).’’. Mr. BROWN of Ohio. Mr. President, I Sec. 301. Amendments to the grants for conver- SEC. 105. NONMETROPOLITAN ALLOCATION. ask unanimous consent that the Sen- sion of elderly housing to assisted Paragraph (3) of section 202(l) of the Housing ate proceed to the immediate consider- living facilities. Act of 1959 (12 U.S.C. 1701q(l)(3)) is amended by ation of S. Res. 704 submitted earlier Sec. 302. Monthly assistance payment under inserting after the period at the end the fol- today. rental assistance. lowing: ‘‘In complying with this paragraph, the Secretary shall either operate a national com- TITLE IV—NATIONAL SENIOR HOUSING The PRESIDING OFFICER. The petition for the nonmetropolitan funds or make CLEARINGHOUSE clerk will report the resolution by allocations to regional offices of the Department title. Sec. 401. National senior housing clearing- of Housing and Urban Development.’’. house. To authorize the printing of a revised edi- TITLE II—REFINANCING TITLE I—NEW CONSTRUCTION REFORMS tion of the Senate Election Law Guidebook. SEC. 201. APPROVAL OF PREPAYMENT OF DEBT. There being no objection, the Senate SEC. 101. SELECTION CRITERIA. Subsection (a) of section 811 of the American proceeded to consider the resolution. Section 202(f)(1) of the Housing Act of 1959 (12 Homeownership and Economic Opportunity Act Mr. BROWN of Ohio. I ask unanimous U.S.C. 1701q(f)(1)) is amended— of 2000 (12 U.S.C. 1701q note) is amended— (1) by redesignating subparagraphs (F) and (1) in the matter preceding paragraph (1), by consent that the resolution be agreed (G) as subparagraphs (G) and (H), respectively; inserting ‘‘, for which the Secretary’s consent to to, the preamble be agreed to, the mo- and prepayment is required,’’ after ‘‘Affordable tion to reconsider be laid on the table, (2) by inserting after subparagraph (E) the Housing Act)’’; with no intervening action or debate, following new subparagraph: (2) in paragraph (1)— and any statements related thereto be ‘‘(F) the extent to which the applicant has en- (A) by inserting ‘‘at least 20 years following’’ printed in the RECORD. sured that a service coordinator will be em- before ‘‘the maturity date’’; (B) by inserting ‘‘project-based’’ before ‘‘rent- The PRESIDING OFFICER. Without ployed or otherwise retained for the housing, who has the managerial capacity and responsi- al assistance payments contract’’; objection, it is so ordered. bility for carrying out the actions described in (C) by inserting ‘‘project-based’’ before ‘‘rent- The resolution (S. Res. 704) was subparagraphs (A) and (B) of subsection al housing assistance programs’’; and agreed to, as follows: (g)(2);’’. (D) by inserting ‘‘, or any successor project- based rental assistance program,’’ after S. RES. 704 SEC. 102. DEVELOPMENT COST LIMITATIONS. ‘‘1701s))’’; Section 202(h)(1) of the Housing Act of 1959 Resolved, That the Committee on Rules and (3) by amending paragraph (2) to read as fol- (12 U.S.C. 1701q(h)(1)) is amended, in the matter Administration shall prepare a revised edi- lows: tion of the Senate Election Law Guidebook, preceding subparagraph (A), by inserting ‘‘rea- ‘‘(2) the prepayment may involve refinancing Senate Document 109–10, and that such docu- sonable’’ before ‘‘development cost limitations’’. of the loan if such refinancing results in— ment shall be printed as a Senate document. SEC. 103. OWNER DEPOSITS. ‘‘(A) a lower interest rate on the principal of SEC. 2. There shall be printed, beyond the Section 202(j)(3)(A) of the Housing Act of 1959 the loan for the project and in reductions in usual number, 500 additional copies of the (12 U.S.C. 1701q(j)(3)(A)) is amended by insert- debt service related to such loan; or document specified in the first section for ing after the period at the end the following: ‘‘(B) a transaction in which the project owner the use of the Committee on Rules and Ad- ‘‘Such amount shall be used only to cover oper- will address the physical needs of the project, ministration. ating deficits during the first 3 years of oper- but only if, as a result of the refinancing—

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00053 Fmt 0686 Sfmt 6333 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22969 ‘‘(i) the rent charges for unassisted families housing tax credit program as calculated by the cept an offer to prepay the loan for any project residing in the project do not increase or such State program as a percentage of acceptable de- under section 202 of the Housing Act of 1959 un- families are provided rental assistance under a velopment cost as defined by that State pro- less the Secretary— senior preservation rental assistance contract gram; or ‘‘(1) has determined that the owner of the for the project pursuant to subsection (e); and ‘‘(B) in the case of a project refinanced project has notified the tenants of the owner’s ‘‘(ii) the overall cost for providing rental as- through any other source of refinancing, 15 per- request for approval of a prepayment; and sistance under section 8 for the project (if any) cent of the acceptable development cost. ‘‘(2) has determined that the owner of the is not increased, except, upon approval by the For purposes of paragraph (6)(B), the term ‘ac- project has provided the tenants with an oppor- Secretary to— ceptable development cost’ shall include, as ap- tunity to comment on the owner’s request for ‘‘(I) mark-up-to-market contracts pursuant to plicable, the cost of acquisition, rehabilitation, approval of a prepayment, including on the de- section 524(a)(3) of the Multifamily Assisted loan prepayment, initial reserve deposits, and scription of any anticipated rehabilitation or Housing Reform and Affordability Act (42 transaction costs.’’. other use of the proceeds from the transaction, U.S.C. 1437f note), as such section is carried out SEC. 203. USE OF PROJECT RESIDUAL RECEIPTS. and its impacts on project rents, tenant con- by the Secretary for properties owned by non- Paragraph (1) of section 811(d) of the Amer- tributions, or the affordability restrictions for profit organizations; or ican Homeownership and Economic Opportunity the project, and that the owner has responded ‘‘(II) mark-up-to-budget contracts pursuant to Act of 2000 (12 U.S.C. 1701q note) is amended— to such comments in writing. section 524(a)(4) of the Multifamily Assisted (1) by striking ‘‘not more than 15 percent of’’; ‘‘(i) DEFINITION OF PRIVATE NONPROFIT ORGA- Housing Reform and Affordability Act (42 and NIZATION.—For purposes of this section, the U.S.C. 1437f note), as such section is carried out (2) by inserting before the period at the end term ‘private nonprofit organization’ has the by the Secretary for properties owned by eligible the following: ‘‘or other purposes approved by meaning given such term in section 202(k) of the owners (as such term is defined in section 202(k) the Secretary’’. Housing Act of 1959 (12 U.S.C. 1701q(k)).’’. of the Housing Act of 1959 (12 U.S.C. 1701q(k)); SEC. 204. ADDITIONAL PROVISIONS. TITLE III—ASSISTED LIVING FACILITIES and’’; and Section 811 of the American Homeownership AND SERVICE-ENRICHED HOUSING (4) by adding at the end the following: and Economic Opportunity Act of 2000 (12 SEC. 301. AMENDMENTS TO THE GRANTS FOR ‘‘(3) notwithstanding paragraph (2)(A), the U.S.C. 1701q note) is amended by adding at the CONVERSION OF ELDERLY HOUSING prepayment and refinancing authorized pursu- end the following new subsections: TO ASSISTED LIVING FACILITIES. ant to paragraph (2)(B) involves an increase in ‘‘(e) SENIOR PRESERVATION RENTAL ASSIST- (a) TECHNICAL AMENDMENT.—The section debt service only in the case of a refinancing of ANCE CONTRACTS.—Notwithstanding any other heading for section 202b of the Housing Act of a project assisted with a loan under such section provision of law, in connection with a prepay- 1959 (12 U.S.C. 1701q-2) is amended by inserting 202 carrying an interest rate of 6 percent or ment plan for a project approved under sub- ‘‘AND OTHER PURPOSES’’ after ‘‘ASSISTED lower.’’. section (a) by the Secretary or as otherwise ap- LIVING FACILITIES’’. SEC. 202. USE OF UNEXPENDED AMOUNTS. proved by the Secretary to prevent displacement (b) EXTENSION OF GRANT AUTHORITY.—Section Subsection (c) of section 811 of the American of elderly residents of the project in the case of 202b(a)(2) of the Housing Act of 1959 (12 U.S.C. Homeownership and Economic Opportunity Act refinancing or recapitalization and to further 1701q-2(a)(2)) is amended— of 2000 (12 U.S.C. 1701q note) is amended— preservation and affordability of such project, (1) by striking ‘‘(2) CONVERSION.—Activities’’ (1) by striking ‘‘USE OF UNEXPENDED the Secretary shall provide project-based rental and inserting the following: AMOUNTS.—’’ and inserting ‘‘USE OF PRO- assistance for the project under a senior preser- ‘‘(2) CONVERSION.— SSISTED LIVING FACILITIES CEEDS.—’’; vation rental assistance contract, as follows: ‘‘(A) A .—Activities’’; (2) by amending the matter preceding para- ‘‘(1) Assistance under the contract shall be and graph (1) to read as follows: ‘‘Upon execution of made available to the private nonprofit organi- (2) by adding at the end the following: ‘‘(B) SERVICE-ENRICHED HOUSING.—Activities the refinancing for a project pursuant to this zation owner— ‘‘(A) for a term of at least 20 years, subject to designed to convert dwelling units in the eligible section, the Secretary shall ensure that proceeds annual appropriations; and project to service-enriched housing for elderly are used in a manner advantageous to tenants ‘‘(B) under the same rules governing project- persons.’’. of the project, or are used in the provision of af- based rental assistance made available under (c) AMENDMENT TO APPLICATION PROCESS.— fordable rental housing and related social serv- section 8 of the Housing Act of 1937 or under the Section 202b(c)(1) of the Housing Act of 1959 (12 ices for elderly persons that are tenants of the rules of such assistance as may be made avail- U.S.C. 1701q-2(c)(1)) is amended by inserting project or are tenants of other HUD-assisted able for the project. ‘‘for either an assisted living facility or service- senior housing by the private nonprofit organi- ‘‘(2) Any projects for which a senior preserva- enriched housing’’ after ‘‘activities’’. zation project owner, private nonprofit organi- tion rental assistance contract is provided shall (d) REQUIREMENTS FOR SERVICES.—Section zation project sponsor, or private nonprofit or- be subject to a use agreement to ensure contin- 202b(d) of the Housing Act of 1959 (12 U.S.C. ganization project developer, including—’’; ued project affordability having a term of the 1701q-2(d)) is amended to read as follows: (3) by amending paragraph (1) to read as fol- longer of (A) the term of the senior preservation ‘‘(d) REQUIREMENTS FOR SERVICES.— lows: rental assistance contract, or (B) such term as is ‘‘(1) SUFFICIENT EVIDENCE OF FIRM FUNDING ‘‘(1) not more than 15 percent of the cost of in- required by the new financing. COMMITMENTS.—The Secretary may not make a creasing the availability or provision of sup- ‘‘(f) SUBORDINATION OR ASSUMPTION OF EX- grant under this section for conversion activities portive services, which may include the financ- ISTING DEBT.—In lieu of prepayment under this unless an application for a grant submitted pur- ing of service coordinators and congregate serv- section of the indebtedness with respect to a suant to subsection (c) contains sufficient evi- ices, except that upon the request of the non- project, the Secretary may approve— dence, in the determination of the Secretary, of profit owner, sponsor, or organization and de- ‘‘(1) in connection with new financing for the firm commitments for the funding of services to termination of the Secretary, such 15 percent project, the subordination of the loan for the be provided in the assisted living facility or serv- limitation may be waived to ensure that the use project under section 202 of the Housing Act of ice-enriched housing, which may be provided by of unexpended amounts better enables seniors to 1959 (as in effect before the enactment of the third parties. age in place;’’; Cranston-Gonzalez National Affordable Housing ‘‘(2) REQUIRED EVIDENCE.—The Secretary (4) in paragraph (2), by inserting before the Act) and the continued subordination of any shall require evidence that each recipient of a semicolon the following; ‘‘, including reducing other existing subordinate debt previously ap- grant for service-enriched housing under this the number of units by reconfiguring units that proved by the Secretary to facilitate preserva- section provides relevant and timely disclosure are functionally obsolete, unmarketable, or not tion of the project as affordable housing; or of information to residents or potential residents economically viable’’; ‘‘(2) the assumption (which may include the of such housing relating to— (5) in paragraph (3), by striking ‘‘or’’ at the subordination described in paragraph (1)) of the ‘‘(A) the services that will be available at the end; loan for the project under such section 202 in property to each resident, including— (6) in paragraph (4), by striking ‘‘according to connection with the transfer of the project with ‘‘(i) the right to accept, decline, or choose a pro rata allocation of shared savings resulting such a loan to a private nonprofit organization. such services and to have the choice of provider; from the refinancing.’’ and inserting a semi- ‘‘(g) FLEXIBLE SUBSIDY DEBT.—The Secretary ‘‘(ii) the services made available by or con- colon; and shall waive the requirement that debt for a tracted through the grantee; (7) by adding at the end the following new project pursuant to the flexible subsidy program ‘‘(iii) the identity of, and relevant information paragraphs: under section 201 of the Housing and Commu- for, all agencies or organizations providing any ‘‘(5) rehabilitation of the project to ensure nity Development Amendments of 1978 (12 services to residents, which agencies or organi- long-term viability; and U.S.C. 1715z–1a) be prepaid in connection with zations shall provide information regarding all ‘‘(6) the payment to the project owner, spon- a prepayment, refinancing, or transfer under procedures and requirements to obtain services, sor, or third party developer of a developer’s fee this section of a project if the financial trans- any charges or rates for the services, and the in an amount not to exceed or duplicate— action or refinancing cannot be completed with- rights and responsibilities of the residents re- ‘‘(A) in the case of a project refinanced out the waiver. lated to those services; through a State low income housing tax credit ‘‘(h) TENANT INVOLVEMENT IN PREPAYMENT ‘‘(B) the availability, identity, contact infor- program, the fee permitted by the low income AND REFINANCING.—The Secretary shall not ac- mation, and role of the service coordinator; and

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00054 Fmt 0686 Sfmt 6333 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22970 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 ‘‘(C) such other information as the Secretary establish and operate a clearinghouse to serve Development receives the submission of any in- determines to be appropriate to ensure that resi- as a national repository to receive, collect, proc- formation required under paragraph (2), the dents are adequately informed of the services ess, assemble, and disseminate information re- Secretary shall make such information publicly options available to promote resident independ- garding the availability and quality of multi- available through the clearinghouse. ence and quality of life.’’. family developments for elderly tenants, includ- (4) UPDATES.—The Secretary of Housing and (e) AMENDMENTS TO SELECTION CRITERIA.— ing— Urban Development shall conduct a biennial Section 202b(e) of the Housing Act of 1959 (12 (1) the availability of— survey of each owner of a property, project, or U.S.C. 1701q-2(e)) is amended— (A) supportive housing for the elderly pursu- facility described in subsection (a)(1) for the (1) in paragraph (2)— ant to section 202 of the Housing Act of 1959 (12 purpose of updating or modifying information (A) by inserting ‘‘or service-enriched housing’’ U.S.C. 1701q), including any housing unit as- provided in the initial collection of information after ‘‘facilities’’; and sisted with a project rental assistance contract under paragraph (1). Not later than 30 days (B) by inserting ‘‘service-enriched housing’’ under such section; after receiving such a request, the owner of each after ‘‘facility’’; (B) properties and units eligible for assistance such property, project, or facility shall submit (2) in paragraph (5), by inserting ‘‘or service- under section 8 of the United States Housing such updates or modifications to the Secretary. enriched housing’’ after ‘‘facility’’; and Act of 1937 (42 U.S.C. 1437f); Not later than 60 days after receiving such up- (3) in paragraph (6), by inserting ‘‘or service- (C) properties eligible for the low-income dates or modifications, the Secretary shall in- enriched housing’’ after ‘‘facility’’. housing tax credit under section 42 of the Inter- form the clearinghouse of such updated or modi- (f) AMENDMENTS TO SECTION 8 PROJECT-BASED nal Revenue Code of 1986; fied information. ASSISTANCE.—Section 202b(f) of the Housing Act (D) units in assisted living facilities insured (c) FUNCTIONS.—The clearinghouse estab- of 1959 (12 U.S.C. 1701q-2(f)) is amended— pursuant to section 221(d)(4) of the National lished under subsection (a) shall— (1) in paragraph (1), by inserting ‘‘or service- Housing Act (12 U.S.C. 1715l(d)(4)); (1) respond to inquiries from State and local enriched housing’’ after ‘‘facilities’’ each time (E) units in any multifamily project that has governments, other organizations, and individ- that term appears; and been converted into an assisted living facility uals requesting information regarding the avail- (2) in paragraph (2), by inserting ‘‘or service- for elderly persons pursuant to section 202b of ability of housing in multifamily developments enriched housing’’ after ‘‘facility’’. the Housing Act of 1959 (12 U.S.C. 1701q–2); and for elderly tenants; (g) AMENDMENTS TO DEFINITIONS.—Section (F) any other federally assisted or subsidized (2) make such information publicly available 202b(g) of the Housing Act of 1959 (12 U.S.C. housing for the elderly; via the Internet website of the Department of 1701q-2(g)) is amended to read as follows: (2) the number of available units in each Housing and Urban Development, which shall ‘‘(g) DEFINITIONS.—For purposes of this sec- property, project, or facility described in para- include— tion— graph (1); (A) access via electronic mail; and ‘‘(1) the term ‘assisted living facility’ has the (3) the number of bedrooms in each available (B) an easily searchable, sortable, meaning given such term in section 232(b) of the unit in each property, project, or facility de- downloadable, and accessible index that National Housing Act (1715w(b)); scribed in paragraph (1); itemizes the availability of housing in multi- ‘‘(2) the term ‘service-enriched housing’ means (4) the estimated cost to a potential tenant to family developments for elderly tenants by housing that— rent or reside in each available unit in each State, county, and zip code; ‘‘(A) makes available through licensed or cer- property, project, or facility described in para- (3) establish a toll-free number to provide the tified third party service providers supportive graph (1); public with specific information regarding the services to assist the residents in carrying out (5) the presence of a waiting list for entry into availability of housing in multifamily develop- activities of daily living, such as bathing, dress- any available unit in each property, project, or ments for elderly tenants; and ing, eating, getting in and out of bed or chairs, facility described in paragraph (1); (4) perform any other duty that the Secretary walking, going outdoors, using the toilet, laun- (6) the number of persons on the waiting list determines necessary to achieve the purposes of dry, home management, preparing meals, shop- for entry into any available unit in each prop- this section. ping for personal items, obtaining and taking erty, project, or facility described in paragraph (d) RELATIONSHIP WITH OTHER DATABASES.— medication, managing money, using the tele- (1); The Secretary of Housing and Urban Develop- phone, or performing light or heavy housework, (7) the amenities available in each available ment may make the clearinghouse established and which may make available to residents unit in each property, project, or facility de- under subsection (a) a part of any other multi- home health care services, such as nursing and scribed in paragraph (1), including— family housing database the Secretary is re- therapy; (A) the services provided by such property, quired to establish. ‘‘(B) includes the position of service coordi- project, or facility; (e) AUTHORIZATION OF APPROPRIATIONS.— nator, which may be funded as an operating ex- (B) the size and availability of common space There are authorized to be appropriated such pense of the property; ; within each property, project, or facility; sums as necessary to carry out this section. ‘‘(C) provides separate dwelling units for resi- (C) the availability of organized activities for dents, each of which contains a full kitchen and Mr. BROWN of Ohio. Mr. President, I individuals residing in such property, project, or bathroom and which includes common rooms ask unanimous consent that the com- facility; and and other facilities appropriate for the provision mittee-reported substitute amendment (D) any other additional amenities available of supportive services to the residents of the to individuals residing in such property, project, be considered, that a Dodd amendment housing; and or facility; which is at the desk be agreed to, the ‘‘(D) provides residents with control over (8) the level of care (personal, physical, or committee-substitute amendment, as health care and supportive services decisions, nursing) available to individuals residing in any amended, be agreed to, the bill, as including the right to accept, decline, or choose property, project, or facility described in para- such services, and to have the choice of pro- amended, be read a third time, and graph (1); vider; and that a budgetary pay-go statement be (9) whether there is a service coordinator in ‘‘(3) the definitions in section 1701(q)(k) of read. any property, project, or facility described in this title shall apply.’’. The PRESIDING OFFICER. Without paragraph (1); and SEC. 302. MONTHLY ASSISTANCE PAYMENT (10) any other criteria determined appropriate objection, it is so ordered. UNDER RENTAL ASSISTANCE. by the Secretary. The amendment (No. 4850) was agreed Clause (iii) of section 8(o)(18)(B) of the United (b) COLLECTION AND UPDATING OF INFORMA- to, as follows: States Housing Act of 1937 (42 U.S.C. TION.— (Purpose: To comply with the Statutory 1437f(o)(18)(B)(iii)) is amended by inserting be- (1) INITIAL COLLECTION.—Not later than 180 Pay-As-You-Go-Act of 2010) fore the period at the end the following: ‘‘, ex- days after the date of enactment of this Act, the cept that a family may be required at the time On page 45, strike line 1 and all that fol- Secretary of Housing and Urban Development lows through page 50, line 8 the family initially receives such assistance to shall conduct a survey requesting information pay rent in an amount exceeding 40 percent of On page 50, after line 8, insert the fol- from each owner of a property, project, or facil- lowing: the monthly adjusted income of the family by ity described in subsection (a)(1) regarding the such an amount or percentage that is reason- provisions described in paragraphs (2) through TITLE IV—COMPLIANCE WITH able given the services and amenities provided (10) of such subsection. STATUTORY PAY-AS-YOU-GO ACT OF 2010 and as the Secretary deems appropriate.’’. (2) RESPONSE TIME.—Not later than 60 days SEC. 401. BUDGETARY EFFECTS. TITLE IV—NATIONAL SENIOR HOUSING after receiving the request described under para- The budgetary effects of this Act, for the CLEARINGHOUSE graph (1), the owner of each such property, purpose of complying with the Statutory SEC. 401. NATIONAL SENIOR HOUSING CLEARING- project, or facility shall submit such information Pay-As-You-Go-Act of 2010, shall be deter- HOUSE. to the Secretary of Housing and Urban Develop- mined by reference to the latest statement (a) ESTABLISHMENT.—Not later than 360 days ment. titled ‘‘Budgetary Effects of PAYGO Legisla- after the date of enactment of this Act, the Sec- (3) PUBLIC AVAILABILITY.—Not later than 120 tion’’ for this Act, submitted for printing in retary of Housing and Urban Development shall days after the Secretary of Housing and Urban the Congressional Record by the Chairman of

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.001 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22971 the Senate Budget Committee, provided that The PRESIDING OFFICER. The Total Budgetary Effects of S. 118 for the 10- such statement has been submitted prior to clerk will read the pay-go statement. year Statutory PAYGO Scorecard: net in- the vote on passage. The bill clerk read as follows: crease in the deficit of $5 million. The committee-reported substitute Mr. Conrad: This is the Statement of Budg- Also submitted for the RECORD as part of amendment, as amended, was agreed etary Effects of PAYGO Legislation for S. this statement is a table prepared by the to. 118. The bill was ordered to be engrossed Congressional Budget Office, which provides Total Budgetary Effects of S. 118 for the 5- additional information on the budgetary ef- for a third reading and was read the year Statutory PAYGO Scorecard: net in- fects of this act, as follows: third time. crease in the deficit of $5 million. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 118, THE SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY ACT OF 2010, AS PROVIDED TO CBO BY THE SENATE COMMITTEE ON THE BUDGET ON DECEMBER 17, 2010

By fiscal year, in millions of dollars— 2011– 2011– 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase in the Deficit Statutory Pay-As-You-Go Impact a ...... 5 0 0 0 0 0 0 0 0 0 5 5 Note: The language transmitted to CBO on December 17, 2010 included an amendment that would strike Title IV of S. 118 as ordered reported by the Senate Committee on Banking, Housing, and Urban Affairs on September 20, 2010. a S. 118 would amend the American Homeownership and Economic Opportunity Act of 2000 to increase the number of properties that are eligible to prepay loans issued under Section 202 of the Housing Act of 1959. The bill also would expand the eligible uses for savings generated by refinancing Section 202 loans.

Mr. BROWN of Ohio. Mr. President, I employed or otherwise retained for the hous- ‘‘(iii) a limited liability company wholly ask unanimous consent that the bill be ing, who has the managerial capacity and re- owned and controlled by one or more organi- passed, and the motions to reconsider sponsibility for carrying out the actions de- zations meeting the requirements under sub- be laid upon the table, with no inter- scribed in subparagraphs (A) and (B) of sub- paragraph (A).’’. section (g)(2);’’. SEC. 105. NONMETROPOLITAN ALLOCATION. vening action or debate, and any state- SEC. 102. DEVELOPMENT COST LIMITATIONS. Paragraph (3) of section 202(l) of the Hous- ments related to the bill be printed in Section 202(h)(1) of the Housing Act of 1959 ing Act of 1959 (12 U.S.C. 1701q(l)(3)) is the RECORD. (12 U.S.C. 1701q(h)(1)) is amended, in the mat- amended by inserting after the period at the The PRESIDING OFFICER. Without ter preceding subparagraph (A), by inserting end the following: ‘‘In complying with this objection, it is so ordered. ‘‘reasonable’’ before ‘‘development cost limi- tations’’. paragraph, the Secretary shall either operate The bill (S. 118), as amended, was a national competition for the nonmetropoli- SEC. 103. OWNER DEPOSITS. passed, as follows: tan funds or make allocations to regional of- Section 202(j)(3)(A) of the Housing Act of S. 118 1959 (12 U.S.C. 1701q(j)(3)(A)) is amended by fices of the Department of Housing and Be it enacted by the Senate and House of Rep- inserting after the period at the end the fol- Urban Development.’’. resentatives of the United States of America in lowing: ‘‘Such amount shall be used only to TITLE II—REFINANCING Congress assembled, cover operating deficits during the first 3 SEC. 201. APPROVAL OF PREPAYMENT OF DEBT. SECTION 1. SHORT TITLE AND TABLE OF CON- years of operations and shall not be used to TENTS. cover construction shortfalls or inadequate Subsection (a) of section 811 of the Amer- ican Homeownership and Economic Oppor- (a) SHORT TITLE.—This Act may be cited as initial project rental assistance amounts.’’. the ‘‘Section 202 Supportive Housing for the SEC. 104. DEFINITION OF PRIVATE NONPROFIT tunity Act of 2000 (12 U.S.C. 1701q note) is Elderly Act of 2010’’. ORGANIZATION. amended— (1) in the matter preceding paragraph (1), (b) TABLE OF CONTENTS.—The table of con- Section 202(k)(4) of the Housing Act of 1959 tents for this Act is as follows: (12 U.S.C. 1701q(k)(4)) is amended to read as by inserting ‘‘, for which the Secretary’s follows: consent to prepayment is required,’’ after Sec. 1. Short title and table of contents. ‘‘(4) The term ‘private nonprofit organiza- ‘‘Affordable Housing Act)’’; TITLE I—NEW CONSTRUCTION REFORMS tion’ means— (2) in paragraph (1)— Sec. 101. Selection criteria. ‘‘(A) any incorporated private institution (A) by inserting ‘‘at least 20 years fol- Sec. 102. Development cost limitations. or foundation— lowing’’ before ‘‘the maturity date’’; Sec. 103. Owner deposits. ‘‘(i) no part of the net earnings of which in- (B) by inserting ‘‘project-based’’ before Sec. 104. Definition of private nonprofit or- ures to the benefit of any member, founder, ‘‘rental assistance payments contract’’; ganization. contributor, or individual; (C) by inserting ‘‘project-based’’ before Sec. 105. Nonmetropolitan allocation. ‘‘(ii) which has a governing board— ‘‘rental housing assistance programs’’; and TITLE II—REFINANCING ‘‘(I) the membership of which is selected in (D) by inserting ‘‘, or any successor a manner to assure that there is significant project-based rental assistance program,’’ Sec. 201. Approval of prepayment of debt. representation of the views of the commu- after ‘‘1701s))’’; Sec. 202. Use of unexpended amounts. nity in which such housing is located; and (3) by amending paragraph (2) to read as Sec. 203. Use of project residual receipts. ‘‘(II) which is responsible for the operation follows: Sec. 204. Additional provisions. of the housing assisted under this section, ‘‘(2) the prepayment may involve refi- TITLE III—ASSISTED LIVING FACILITIES except that, in the case of a nonprofit orga- nancing of the loan if such refinancing re- AND SERVICE-ENRICHED HOUSING nization that is the sponsoring organization sults in— Sec. 301. Amendments to the grants for con- of multiple housing projects assisted under ‘‘(A) a lower interest rate on the principal version of elderly housing to as- this section, the Secretary may determine of the loan for the project and in reductions sisted living facilities. the criteria or conditions under which finan- in debt service related to such loan; or Sec. 302. Monthly assistance payment under cial, compliance and other administrative ‘‘(B) a transaction in which the project rental assistance. responsibilities exercised by a single-entity owner will address the physical needs of the TITLE IV—COMPLIANCE WITH private nonprofit organization that is the project, but only if, as a result of the refi- STATUTORY PAY-AS-YOU-GO ACT OF 2010 owner corporation responsible for the oper- nancing— Sec. 401. Budgetary effects. ation of an individual housing project may ‘‘(i) the rent charges for unassisted fami- be shared or transferred to the governing lies residing in the project do not increase or TITLE I—NEW CONSTRUCTION REFORMS board of such sponsoring organization; and such families are provided rental assistance SEC. 101. SELECTION CRITERIA. ‘‘(iii) which is approved by the Secretary under a senior preservation rental assistance Section 202(f)(1) of the Housing Act of 1959 as to financial responsibility; and contract for the project pursuant to sub- (12 U.S.C. 1701q(f)(1)) is amended— ‘‘(B) a for-profit limited partnership the section (e); and (1) by redesignating subparagraphs (F) and sole general partner of which is— ‘‘(ii) the overall cost for providing rental (G) as subparagraphs (G) and (H), respec- ‘‘(i) an organization meeting the require- assistance under section 8 for the project (if tively; and ments under subparagraph (A); any) is not increased, except, upon approval (2) by inserting after subparagraph (E) the ‘‘(ii) a for-profit corporation wholly owned by the Secretary to— following new subparagraph: and controlled by one or more organizations ‘‘(I) mark-up-to-market contracts pursuant ‘‘(F) the extent to which the applicant has meeting the requirements under subpara- to section 524(a)(3) of the Multifamily As- ensured that a service coordinator will be graph (A); or sisted Housing Reform and Affordability Act

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.002 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22972 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 (42 U.S.C. 1437f note), as such section is car- For purposes of paragraph (6)(B), the term project under section 202 of the Housing Act ried out by the Secretary for properties ‘acceptable development cost’ shall include, of 1959 unless the Secretary— owned by nonprofit organizations; or as applicable, the cost of acquisition, reha- ‘‘(1) has determined that the owner of the ‘‘(II) mark-up-to-budget contracts pursu- bilitation, loan prepayment, initial reserve project has notified the tenants of the own- ant to section 524(a)(4) of the Multifamily deposits, and transaction costs.’’. er’s request for approval of a prepayment; Assisted Housing Reform and Affordability SEC. 203. USE OF PROJECT RESIDUAL RECEIPTS. and Act (42 U.S.C. 1437f note), as such section is Paragraph (1) of section 811(d) of the Amer- ‘‘(2) has determined that the owner of the carried out by the Secretary for properties ican Homeownership and Economic Oppor- project has provided the tenants with an op- owned by eligible owners (as such term is de- tunity Act of 2000 (12 U.S.C. 1701q note) is portunity to comment on the owner’s re- fined in section 202(k) of the Housing Act of amended— quest for approval of a prepayment, includ- 1959 (12 U.S.C. 1701q(k)); and’’; and (1) by striking ‘‘not more than 15 percent ing on the description of any anticipated re- (4) by adding at the end the following: of’’; and habilitation or other use of the proceeds ‘‘(3) notwithstanding paragraph (2)(A), the (2) by inserting before the period at the end from the transaction, and its impacts on prepayment and refinancing authorized pur- the following: ‘‘or other purposes approved project rents, tenant contributions, or the suant to paragraph (2)(B) involves an in- by the Secretary’’. affordability restrictions for the project, and crease in debt service only in the case of a SEC. 204. ADDITIONAL PROVISIONS. that the owner has responded to such com- refinancing of a project assisted with a loan Section 811 of the American Homeowner- ments in writing. under such section 202 carrying an interest ship and Economic Opportunity Act of 2000 ‘‘(i) DEFINITION OF PRIVATE NONPROFIT OR- rate of 6 percent or lower.’’. (12 U.S.C. 1701q note) is amended by adding GANIZATION.—For purposes of this section, SEC. 202. USE OF UNEXPENDED AMOUNTS. at the end the following new subsections: the term ‘private nonprofit organization’ has ‘‘(e) SENIOR PRESERVATION RENTAL ASSIST- the meaning given such term in section Subsection (c) of section 811 of the Amer- ANCE CONTRACTS.—Notwithstanding any 202(k) of the Housing Act of 1959 (12 U.S.C. ican Homeownership and Economic Oppor- other provision of law, in connection with a 1701q(k)).’’. tunity Act of 2000 (12 U.S.C. 1701q note) is prepayment plan for a project approved amended— under subsection (a) by the Secretary or as TITLE III—ASSISTED LIVING FACILITIES (1) by striking ‘‘USE OF UNEXPENDED otherwise approved by the Secretary to pre- AND SERVICE-ENRICHED HOUSING AMOUNTS.—’’ and inserting ‘‘USE OF PRO- vent displacement of elderly residents of the CEEDS.—’’; project in the case of refinancing or recapi- SEC. 301. AMENDMENTS TO THE GRANTS FOR (2) by amending the matter preceding para- talization and to further preservation and af- CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING FACILITIES. graph (1) to read as follows: ‘‘Upon execution fordability of such project, the Secretary of the refinancing for a project pursuant to shall provide project-based rental assistance (a) TECHNICAL AMENDMENT.—The section this section, the Secretary shall ensure that for the project under a senior preservation heading for section 202b of the Housing Act proceeds are used in a manner advantageous rental assistance contract, as follows: of 1959 (12 U.S.C. 1701q–2) is amended by in- to tenants of the project, or are used in the ‘‘(1) Assistance under the contract shall be serting ‘‘AND OTHER PURPOSES’’ after provision of affordable rental housing and re- made available to the private nonprofit orga- ‘‘ASSISTED LIVING FACILITIES’’. lated social services for elderly persons that nization owner— (b) EXTENSION OF GRANT AUTHORITY.—Sec- are tenants of the project or are tenants of ‘‘(A) for a term of at least 20 years, subject tion 202b(a)(2) of the Housing Act of 1959 (12 other HUD-assisted senior housing by the to annual appropriations; and U.S.C. 1701q–2(a)(2)) is amended— private nonprofit organization project ‘‘(B) under the same rules governing (1) by striking ‘‘(2) CONVERSION.—Activi- owner, private nonprofit organization project-based rental assistance made avail- ties’’ and inserting the following: project sponsor, or private nonprofit organi- able under section 8 of the Housing Act of ‘‘(2) CONVERSION.— zation project developer, including—’’; 1937 or under the rules of such assistance as ‘‘(A) ASSISTED LIVING FACILITIES.—Activi- (3) by amending paragraph (1) to read as may be made available for the project. ties’’; and follows: ‘‘(2) Any projects for which a senior preser- (2) by adding at the end the following: ‘‘(1) not more than 15 percent of the cost of vation rental assistance contract is provided ‘‘(B) SERVICE-ENRICHED HOUSING.—Activi- increasing the availability or provision of shall be subject to a use agreement to ensure ties designed to convert dwelling units in the supportive services, which may include the continued project affordability having a eligible project to service-enriched housing financing of service coordinators and con- term of the longer of (A) the term of the sen- for elderly persons.’’. gregate services, except that upon the re- ior preservation rental assistance contract, quest of the non-profit owner, sponsor, or or- or (B) such term as is required by the new fi- (c) AMENDMENT TO APPLICATION PROCESS.— ganization and determination of the Sec- nancing. Section 202b(c)(1) of the Housing Act of 1959 retary, such 15 percent limitation may be ‘‘(f) SUBORDINATION OR ASSUMPTION OF EX- (12 U.S.C. 1701q–2(c)(1)) is amended by insert- waived to ensure that the use of unexpended ISTING DEBT.—In lieu of prepayment under ing ‘‘for either an assisted living facility or amounts better enables seniors to age in this section of the indebtedness with respect service-enriched housing’’ after ‘‘activities’’. place;’’; to a project, the Secretary may approve— (d) REQUIREMENTS FOR SERVICES.—Section (4) in paragraph (2), by inserting before the ‘‘(1) in connection with new financing for 202b(d) of the Housing Act of 1959 (12 U.S.C. semicolon the following; ‘‘, including reduc- the project, the subordination of the loan for 1701q–2(d)) is amended to read as follows: ing the number of units by reconfiguring the project under section 202 of the Housing units that are functionally obsolete, unmar- Act of 1959 (as in effect before the enactment ‘‘(d) REQUIREMENTS FOR SERVICES.— ketable, or not economically viable’’; of the Cranston-Gonzalez National Afford- ‘‘(1) SUFFICIENT EVIDENCE OF FIRM FUNDING (5) in paragraph (3), by striking ‘‘or’’ at the able Housing Act) and the continued subordi- COMMITMENTS.—The Secretary may not make end; nation of any other existing subordinate a grant under this section for conversion ac- (6) in paragraph (4), by striking ‘‘according debt previously approved by the Secretary to tivities unless an application for a grant sub- to a pro rata allocation of shared savings re- facilitate preservation of the project as af- mitted pursuant to subsection (c) contains sulting from the refinancing.’’ and inserting fordable housing; or sufficient evidence, in the determination of a semicolon; and ‘‘(2) the assumption (which may include the Secretary, of firm commitments for the (7) by adding at the end the following new the subordination described in paragraph (1)) funding of services to be provided in the as- paragraphs: of the loan for the project under such section sisted living facility or service-enriched ‘‘(5) rehabilitation of the project to ensure 202 in connection with the transfer of the housing, which may be provided by third par- long-term viability; and project with such a loan to a private non- ties. ‘‘(6) the payment to the project owner, profit organization. ‘‘(2) REQUIRED EVIDENCE.—The Secretary sponsor, or third party developer of a devel- ‘‘(g) FLEXIBLE SUBSIDY DEBT.—The Sec- shall require evidence that each recipient of oper’s fee in an amount not to exceed or du- retary shall waive the requirement that debt a grant for service-enriched housing under plicate— for a project pursuant to the flexible subsidy this section provides relevant and timely ‘‘(A) in the case of a project refinanced program under section 201 of the Housing disclosure of information to residents or po- through a State low income housing tax and Community Development Amendments tential residents of such housing relating credit program, the fee permitted by the low of 1978 (12 U.S.C. 1715z–1a) be prepaid in con- to— income housing tax credit program as cal- nection with a prepayment, refinancing, or ‘‘(A) the services that will be available at culated by the State program as a percent- transfer under this section of a project if the the property to each resident, including— age of acceptable development cost as de- financial transaction or refinancing cannot ‘‘(i) the right to accept, decline, or choose fined by that State program; or be completed without the waiver. such services and to have the choice of pro- ‘‘(B) in the case of a project refinanced ‘‘(h) TENANT INVOLVEMENT IN PREPAYMENT vider; through any other source of refinancing, 15 AND REFINANCING.—The Secretary shall not ‘‘(ii) the services made available by or con- percent of the acceptable development cost. accept an offer to prepay the loan for any tracted through the grantee;

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.002 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 22973 ‘‘(iii) the identity of, and relevant informa- except that a family may be required at the four seasons to World War II—during tion for, all agencies or organizations pro- time the family initially receives such as- what was probably my physical viding any services to residents, which agen- sistance to pay rent in an amount exceeding prime—I might have had 370 or even 400 cies or organizations shall provide informa- 40 percent of the monthly adjusted income of wins. But I have no regrets. None at tion regarding all procedures and require- the family by such an amount or percentage ments to obtain services, any charges or that is reasonable given the services and all. I did what any American could and rates for the services, and the rights and re- amenities provided and as the Secretary should do: serve his country in its time sponsibilities of the residents related to deems appropriate.’’. of need. The world’s time of need. I those services; TITLE IV—COMPLIANCE WITH knew then, and I know today, that win- ‘‘(B) the availability, identity, contact in- STATUTORY PAY-AS-YOU-GO ACT OF 2010 ning World War II was the most impor- formation, and role of the service coordi- SEC. 401. BUDGETARY EFFECTS. tant thing to happen to this country in nator; and The budgetary effects of this Act, for the the last 100 years.’’ ‘‘(C) such other information as the Sec- purpose of complying with the Statutory Mr. President, this week we lost a retary determines to be appropriate to en- Pay-As-You-Go-Act of 2010, shall be deter- sure that residents are adequately informed great American. mined by reference to the latest statement of the services options available to promote Mr. BROWN of Ohio. Mr. President, I titled ‘‘Budgetary Effects of PAYGO Legisla- resident independence and quality of life.’’. ask unanimous consent that the reso- tion’’ for this Act, submitted for printing in (e) AMENDMENTS TO SELECTION CRITERIA.— lution be agreed to, the preamble be the Congressional Record by the Chairman of Section 202b(e) of the Housing Act of 1959 (12 the Senate Budget Committee, provided that agreed to, the motions to reconsider be U.S.C. 1701q–2(e)) is amended— such statement has been submitted prior to laid upon the table, with no inter- (1) in paragraph (2)— the vote on passage. vening action or debate, and any state- (A) by inserting ‘‘or service-enriched hous- ments related to the resolution be ing’’ after ‘‘facilities’’; and f (B) by inserting ‘‘service-enriched hous- printed in the RECORD. RECOGNIZING AND HONORING BOB The PRESIDING OFFICER. Without ing’’ after ‘‘facility’’; FELLER (2) in paragraph (5), by inserting ‘‘or serv- objection, it is so ordered. ice-enriched housing’’ after ‘‘facility’’; and Mr. BROWN of Ohio. Mr. President, I The resolution (S. Res. 703) was (3) in paragraph (6), by inserting ‘‘or serv- ask unanimous consent that the Sen- agreed to. ice-enriched housing’’ after ‘‘facility’’. ate proceed to the immediate consider- The preamble was agreed to. (f) AMENDMENTS TO SECTION 8 PROJECT- ation of S. Res. 703, submitted earlier The resolution, with its preamble, BASED ASSISTANCE.—Section 202b(f) of the today. Housing Act of 1959 (12 U.S.C. 1701q–2(f)) is reads as follows: amended— The PRESIDING OFFICER. The S. RES. 703 (1) in paragraph (1), by inserting ‘‘or serv- clerk will report the resolution by Whereas Robert William Andrew (‘‘Bob’’) ice-enriched housing’’ after ‘‘facilities’’ each title. Feller was born on November 3, 1918, near time that term appears; and The bill clerk read as follows: Van Meter, Iowa; (2) in paragraph (2), by inserting ‘‘or serv- A resolution (S. Res. 703) recognizing and Whereas Bob Feller learned to play base- ice-enriched housing’’ after ‘‘facility’’. honoring Bob Feller and expressing the con- ball on his parents’ farm in Dallas County, (g) AMENDMENTS TO DEFINITIONS.—Section dolences of the Senate to his family on his Iowa, and commented that ‘‘What kid 202b(g) of the Housing Act of 1959 (12 U.S.C. death. wouldn’t enjoy the life I led in Iowa? Base- 1701q–2(g)) is amended to read as follows: There being no objection, the Senate ball and farming, and I had the best of both ‘‘(g) DEFINITIONS.—For purposes of this sec- worlds’’; tion— proceeded to consider the resolution. Whereas Feller attended Van Meter High ‘‘(1) the term ‘assisted living facility’ has Mr. HARKIN. Mr. President, today I School where he pitched for the baseball the meaning given such term in section have submitted a resolution honoring team; 232(b) of the National Housing Act (1715w(b)); Robert ‘‘Bob’’ Feller, who passed away Whereas Feller, at the age of 17, joined the ‘‘(2) the term ‘service-enriched housing’ 2 days ago. Cleveland Indians, where he played for 18 means housing that— Bob Feller was a great Iowan, great years, his entire career; ‘‘(A) makes available through licensed or baseball player, and most importantly, Whereas Feller led the American League in certified third party service providers sup- a great patriot. wins 6 times; portive services to assist the residents in He was born and raised in Van Meter, Whereas Feller led the American League in carrying out activities of daily living, such strikeouts 7 times; as bathing, dressing, eating, getting in and IA. His father ran the family farm, and Whereas Feller pitched 3 no-hitters, in- out of bed or chairs, walking, going out- his mother was a registered nurse and cluding the only Opening Day no-hitter, and doors, using the toilet, laundry, home man- teacher. His father built a baseball dia- shares the major league record with 12 one- agement, preparing meals, shopping for per- mond on the farm that he named ‘‘Oak hitters; sonal items, obtaining and taking medica- View Park.’’ Feller attended Van Meter Whereas Feller was an 8-time All-Star; tion, managing money, using the telephone, High School, where he was a starting Whereas Feller was a key member of the or performing light or heavy housework, and pitcher. Feller recalled his childhood: 1948 World Series Champion Cleveland Indi- which may make available to residents home ‘‘What kid wouldn’t enjoy the life I led ans; health care services, such as nursing and Whereas Feller threw the second fastest therapy; in Iowa? Baseball and farming, and I pitch ever officially recorded, at 107.6 miles ‘‘(B) includes the position of service coor- had the best of both worlds.’’ per hour; dinator, which may be funded as an oper- Bob Feller went on to have one of the Whereas Feller ended his career with 266 ating expense of the property; ; greatest baseball careers ever. His ca- victories and 2,581 strikeouts; ‘‘(C) provides separate dwelling units for reer spanned 16 seasons, during which Whereas Feller remains the winningest residents, each of which contains a full he had 2,581 strikeouts and 266 wins. He pitcher in Cleveland Indians history; kitchen and bathroom and which includes had three no-hitters and 12 one-hitters. Whereas Feller was elected to the Baseball common rooms and other facilities appro- It is no surprise that Mr. Feller was in- Hall of Fame in 1962, his first year of eligi- priate for the provision of supportive serv- bility; ices to the residents of the housing; and ducted into the Hall of Fame in 1962, Whereas Feller enlisted in the Navy 2 days ‘‘(D) provides residents with control over his first year of eligibility. after the attack on Pearl Harbor in 1941; health care and supportive services deci- But, we do not just honor Feller be- Whereas Feller served with valor in the sions, including the right to accept, decline, cause of his athletic achievements. We Navy for nearly 4 years, missing almost 4 or choose such services, and to have the recognize him as a great American and full baseball seasons; choice of provider; and patriot. He served our Nation in the Whereas Feller was stationed aboard the ‘‘(3) the definitions in section 1701(q)(k) of Navy during World War II, enlisting 2 U.S.S. Alabama as a gunnery specialist; this title shall apply.’’. days after the attack on Pearl Harbor. Whereas Feller earned 8 battle stars and SEC. 302. MONTHLY ASSISTANCE PAYMENT Although he lost four baseball seasons was discharged in late 1945; and UNDER RENTAL ASSISTANCE. Whereas Bob Feller, one of the greatest Clause (iii) of section 8(o)(18)(B) of the due to his war service, he never regret- baseball players of all time, placed service to United States Housing Act of 1937 (42 U.S.C. ted his choice. his country ahead of all else: Now, therefore, 1437f(o)(18)(B)(iii)) is amended by inserting Feller said recently, ‘‘A lot of folks be it before the period at the end the following: ‘‘, say that had I not missed those almost Resolved, That the Senate—

VerDate Mar 15 2010 12:02 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR10\S18DE0.002 S18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22974 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 18, 2010 (1) honors Bob Feller for transcending the when you go to the ballpark, people al- The PRESIDING OFFICER. Without sport of baseball in service to the United ways say: I will meet you at the Bob objection, it is so ordered. States and the cause of democracy and free- Feller statue. That is sort of the place The nominations considered and con- dom in World War II; where you meet up with your friends firmed are as follows: (2) recognizes Bob Feller as one of the greatest baseball players of all time; and and get your tickets and all of that. THE JUDICIARY (3) extends its deepest condolences to the He brought great joy to so many, Edmond E-Min Chang, of Illinois, to be family of Bob Feller. such as my father. He was, perhaps, the United States District Judge for the North- Mr. BROWN of Ohio. Mr. President, I greatest pitcher who ever lived. He died ern District of Illinois. would like to take a moment to speak at the age of 92 in Gates Mill. He is sur- Leslie E. Kobayashi, of Hawaii, to be vived by his wife Anne; his children United States District Judge for the District about this last resolution. Bob Feller of Hawaii. was a Clevelander through and Steve, Martin, and Bruce. Mr. BROWN. Mr. President, as if in through. Senator HARKIN is the prime I was proud to have gotten to speak sponsor of this resolution. I have joined a number of times to Bob Feller. I do executive session, I ask unanimous consent that at a time to be deter- him on it. Senator HARKIN sponsored not pretend to have known him well. the resolution because Bob Feller was But he was always a major presence in mined by the majority leader, fol- born in Van Meter, IA. Cleveland baseball and a major pres- lowing consultation with the Repub- He was signed by the Cleveland Indi- ence in Cleveland civic life. We are all lican leader, the Senate proceed in ex- ans at the age of 16, apparently for $1 grateful to him and indebted to him for ecutive session to consider the fol- and an autographed baseball. He struck his service to his country in World War lowing nominations: Calendar No. 703, out 15 batters in his first Major League II and to our community before, dur- Benita Pearson, from the Northern start. He struck out 17 in a game at the ing, and after World War II. So I want- Ohio District—if I could for a moment age of 17. He is the only Major League ed to honor with that resolution, with say that she was selected by a com- player in history to strike out in one Senator HARKIN, his name and his life. mittee of 17 appointees from Senator game the number of batters com- f VOINOVICH and me, and Judge Mag- istrate Pearson was chosen unani- parable to his age. MODIFIED ORDER OF His greatness was he was, perhaps, mously by this group, submitted to the RECOGNITION the hardest throwing pitcher ever in President by—I submitted her name to Major League Baseball. He pitched Mr. BROWN of Ohio. Mr. President, I the President, the President nominated three no-hitters, then a record. It has ask unanimous consent that the pre- her. She was voted out of committee in been passed since. He pitched 12 one- vious order relating to recognition of February of this year, out of the Judi- hitters also, sharing that Major League Senator SPECTER on Tuesday, Decem- ciary Committee. I will be thrilled to record. ber 21, be modified to provide that he move forward on that and discuss that He would have shattered, perhaps, all be recognized at 10:30 a.m. that day. tomorrow—also, Calendar No. 813, Wil- pitching records short of Cy Young’s The PRESIDING OFFICER. Without liam Martinez; that debate on each number of career wins, perhaps, and objection, it is so ordered. nomination be limited to 60 minutes, Walter Johnson’s, if he had not served f equally divided and controlled between his country for almost 4 years in World Senators LEAHY and SESSIONS or their EXECUTIVE SESSION War II. designees; that upon the use or yield- He gladly did it. He won eight battle ing back of all time, the Senate then proceed to vote on confirmation of the stars. He served on the USS Alabama EXECUTIVE CALENDAR as a gunnery specialist. He was so nominations in the order listed; that proud of his service to his country. He Mr. BROWN of Ohio. Mr. President, I prior to the second vote, there be 2 turned down a huge contract with the ask unanimous consent that the Sen- minutes of debate divided as specified Indians in 1942—huge in those days—to ate proceed to executive session to con- above; that the second vote be limited join the military to serve his country. sider en bloc Calendar Nos. 1090 and to 10 minutes; that upon confirmation, He spoke about it frequently and was 1091; that the nominations be con- the motion to reconsider be considered always very proud of that service. firmed en bloc; the motions to recon- made and laid upon the table, the He barnstormed the country with sider be laid upon the table en bloc; President be immediately notified of Satchel Page, the great Black pitcher that any statements related to the the Senate’s action, and the Senate who was not allowed in the Major nominations be printed in the RECORD then resume legislative session. Leagues in those days before the color as if read; that the President be imme- The PRESIDING OFFICER. Without line was broken. Feller and he traveled diately notified of the Senate’s action; objection, it is so ordered. and that the Senate then resume legis- the country in the ‘‘White Major f League Baseball’’ offseason and drew lative session. LEGISLATIVE SESSION huge crowds, with Page and he facing Further, as if in executive session, I each other in game after game after ask unanimous consent that on Sun- The PRESIDING OFFICER. The Sen- game. day, December 19, following any vote ate will now return to legislative ses- He was a key member of the last In- with respect to the Risch amendment sion. dians World Championship in 1948. to the START treaty, the Senate then f I saw Bob Feller pitch once. I was 4 proceed to consider the following nomi- ORDER OF PROCEDURE years old, so I do not really remember nations: Calendar Nos. 892 and 1092; and it. My dad took my brothers Bob and vote immediately on confirmation of Mr. BROWN of Ohio. Mr. President, I Charlie and me to Bob Feller Day at the nominations, with 2 minutes of de- ask unanimous consent that on Sun- old Cleveland Municipal Stadium in, I bate prior to each confirmation vote, day, December 19, following any leader believe, 1957. equally divided and controlled between remarks, the Senate resume executive My dad loved Bob Feller. He was a Senator LEAHY and Senator SESSIONS session in and consideration of the legend in Cleveland. His statue is the or their designees; that upon confirma- START treaty; that there then be 3 only professional athlete’s statue in tion, the motions to reconsider be con- hours of debate with respect to the Cleveland. Right outside Jacobs Field, sidered made and laid upon the table, Risch amendment No. 4839, with the on East 9th Street, you can see Bob the President be immediately notified time divided as follows: 1 hour under Feller’s statue, with his famous wind- of the Senate’s action, and the Senate the control of Senator KERRY or his up. then resume legislative session; fur- designee and 2 hours under the control When you go to an Indians game in ther, after the first vote in this se- of Senator RISCH or his designee; that the new ballpark at Progressive Field— quence, the succeeding votes be limited no amendments be in order to the new, it is now more than 15 years old— to 10 minutes each. Risch amendment; further, that upon

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JIM MULDOON thank him for all he has done over the past ferences. Through this program, he has been four decades.’’ able to make sailors out of a lot of people who HON. STENY H. HOYER In October, US SAILING awarded Mr. wouldn’t have otherwise had the opportunity. OF MARYLAND Muldoon its most prestigious award, the Na- He has contributed greatly to the Special IN THE HOUSE OF REPRESENTATIVES thanael G. Herreshoff trophy, for his out- Olympics Maryland by initiating training Spe- standing contributions to the sport of sailing in cial Olympians and their coaches to sail large Friday, December 17, 2010 the U.S. over many years. Since being found- yachts in addition to small crafts. This year, for Mr. HOYER. Madam Speaker, I rise today ed in 1897, U.S. SAILING has been the na- the first time, a boat crewed completely by to recognize the achievements of my good tional governing body (NGB) for sailing and Special Olympians competed in the Gov- friend James (Jim) Muldoon for his commit- provides leadership for the sport in the United ernor’s Cup Race. Patricia Fegan, president ment, leadership, and achievements in the States. Past winners of the Herreshoff trophy and CEO of Special Olympics Maryland said, field of recreational boating and boating safe- have included Harold Sterling Vanderbilt, ‘‘Jim has not only donated his boat for Special ty. I would like to express my appreciation for Harry C. Melges Jr., Gary Jobson, and Roy E. Olympics Maryland fundraising auctions but he his dedication to making sailing accessible for Disney. also came to Special Olympics Maryland with everyone, regardless of economic status and US SAILING has also awarded Mr. Muldoon the idea of having Special Olympians sail physical or intellectual ability. the Timothea Larr trophy for the outstanding aboard his boat on major bay races.’’ Mr. Muldoon grew up in Gary, Indiana and vision and guidance he has provided to the He established a National Faculty; while he didn’t learn how to sail until he finished his Air advancement of sailor education in the United was chairman of US SAILING’s Training Com- Force service and graduated from the Univer- States. The president of US SAILING, Gary mittee, which has become the curriculum and sity of Maryland. Since then, Muldoon has Jobson, said that Mr. Muldoon ‘‘has been and standards development engine for the edu- been an advocate of community sailing pro- always will be an outstanding asset to US cation and training of students, instructors, grams at the grassroots level, especially in the SAILING and the general sailing community.’’ coaches, and instructor trainers. areas of youth sailing, training, and safety. He Mr. Muldoon has held more than 30 leader- He also was a key player in the develop- has long been actively involved in international ship positions over the years including the fol- ment and funding approval of US SAILING’s sailing and boating-related organizations. He lowing: chair of the Department of Homeland national keelboat training and certification pro- has captained his own 73–foot yacht, DONNY- Security’s National Boating Safety Advisory gram. BROOK, with a highly competitive amateur Council, member of the Board of Directors and Mr. Muldoon is credited with significantly team in hundreds of races and has accrued chair of the Development Committee for the strengthening US SAILING’s partnership with over 75,000 miles of ocean racing. Coast Guard Foundation, founder and presi- the U.S. Coast Guard. According to Captain In August, more than two dozen, sailing and dent of the Brendan Sailing Training Program Mark Rizzo, chief of the Office of Auxiliary and boating-related organizations assembled to for Youth with Learning Differences, founding Boating Safety for the U.S. Coast Guard, honor Mr. Muldoon for his lifelong contribu- board member and vice president of the Na- Muldoon is ‘‘one of the Coast Guard’s most tions to boating safety. During the ceremony, tional Sailing Hall of Fame, and president, vice caring and compassionate partners.’’ He as- Martin O’Malley, Governor of Maryland, president of the Government Relations Com- sisted with the development of the U.S. Coast awarded Mr. Muldoon with the Chesapeake mittee, administrative division director, and Guard’s Strategic Plan of the National Rec- Bay Ambassador Award. Peter Franchot, chairman of the Training Committee for US reational Boating Safety Program and most re- Comptroller of the State of Maryland also pre- SAILING. cently he advised the U.S. Coast Guard and As chairman of the National Boating Safety sented Mr. Muldoon with a Certificate of Rec- its Boating Safety Division that on-the-water Advisory Council for eleven years, Mr. ognition for his outstanding contributions to the skills based training is necessary to increase Muldoon has influenced the direction of boat- State. Organizations paying tribute to Mr. safety and reduce accidents and fatalities. As ing safety and increased the awareness and Muldoon included the U.S. Coast Guard, Spe- a result, more Coast Guard nonprofit grants value of on-the-water skills-based training. are being directed toward funding on-the-water cial Olympics of Maryland, American Red I have the honor of serving with my friend, programs instead of the previous reliance on Cross, Annapolis Community Boating, Annap- Jim Muldoon, on the Board of Trustees of St. classroom only courses and publication of olis Community Foundation, Annapolis Sailing Mary’s College of Maryland. He has been an School, Chesapeake Bay Yacht Racing Asso- safety brochures. outstanding Chairman of the Board and con- He currently resides in Washington, DC, ciation, Coast Guard Foundation, Downtown tinues to contribute his talent, vision and re- with his wife Linda. They have one son, two Sailing Center Baltimore, Kidship, National As- sources to the growth and excellence of Mary- daughters, and five grandchildren. sociation of State Boating Law Administrators, land’s Honors College. While at St. Mary’s, he National Boating Federation, National Boating I commend Jim Muldoon for his commitment supported the sailing program and collegiate to the sailing and boating safety community. Safety Advisory Council, National Maritime team. His generosity enabled the school to Heritage Foundation, National Safe Boating As evidenced, Jim Muldoon has made tremen- build its new sailing center which is the train- dous contributions to the boating community Council, National Sailing Hall of Fame, Na- ing center for St. Mary’s 2010 national cham- tional Water Safety Congress, Sailing Center and it is an honor to represent someone who pionship sailing team, as well as, a center with has been such a prominent figure in the area Chesapeakei, Shearwater Sailing Club, Spirit classroom facilities for sailing classes and of community sailing education throughout the of America, United Safe Boating Institute, where any student, faculty or staff member past four decades and will continue to make United States Coast Guard Auxiliary, United can learn to sail free of charge or use the col- many more contributions in years to come. States Power Squadrons, and United States lege boats. St. Mary’s sailing coach Adam Sailing Association (US SAILING), join to- Werblow said ‘‘Thanks to Mr. Muldoon’s pas- f gether to honor Mr. Muldoon’s contributions to sion, vision, and drive, [St. Mary’s] now has PERSONAL EXPLANATION the sailing world. the best sailing center in the country.’’ Shelia Hixson, the chair of the Ways and Mr. Muldoon also facilitated an agreement Means Committee of the Maryland House of HON. JIM GERLACH between St. Mary’s College and National OF PENNSYLVANIA Delegates, presided over the ceremony and Water Safety Congress where Spirit of Amer- IN THE HOUSE OF REPRESENTATIVES said, ‘‘We have no doubt that Mr. Muldoon will ica’s boating safety courses are taught to mid- make many more contributions to the rec- dle school students. Friday, December 17, 2010 reational boating community in years to come, Mr. Muldoon founded the Brendan Sail Mr. GERLACH. Madam Speaker, unfortu- but we wanted to take this opportunity to Training Program for Youth with Learning Dif- nately, on Thursday, December 16, 2010, I

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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(Julia, Jesse, Lexa, Emily, Andrew, Gregory, In 16 years, the Staglin’s non-profit Inter- Zachary, Samantha, Abigail, Danielle, Drew HON. DENNIS J. KUCINICH national Mental Health Research Organization, and Rachel). The success Fredy has enjoyed OF OHIO IMHRO, and the Staglin Music Festival for not only consists of corned beef and pastrami, IN THE HOUSE OF REPRESENTATIVES Mental Health have raised over $116 million but it is reflected in the wonderful family he has raised over the years. Friday, December 17, 2010 for mental health research. The mission of IMHRO is to alleviate human suffering from I know I am looking forward to my next Mr. KUCINICH. Madam Speaker, I rise mental illness by funding scientific research sandwich from Loeser’s and I hope to be en- today in honor and recognition of the contribu- into the causes, prevention and new treat- joying them for many more years to come. tions of television and radio host Larry King. ments of mental disorders. IMHRO produces, f Over the course of his forty-three-year career, supports and builds awareness for fundraising THE PASSING OF JUDGE SAMUEL Mr. King has brought learning, laughter and in- events to raise money for mental health re- PAILTHORPE KING, UNITED spiration to millions of Americans with his no- search, directs funding to the most promising STATES DISTRICT COURT FOR nonsense reporting. research by soliciting and selecting proposals THE DISTRICT OF HAWAII Mr. King was not born into fame or fortune. for prevention, treatment and cure of mental The son of a bar owner and a seamstress, he disorders, collaborates with affiliate organiza- and his younger brother grew up relying on tions, people and events worldwide to raise HON. MAZIE K. HIRONO public assistance after the untimely death of and direct funding and minimize duplication of OF HAWAII their father. After his graduation from high scientific effort, and works to build awareness IN THE HOUSE OF REPRESENTATIVES school, Mr. King’s dreams of working as a of scientific achievements and possibilities. Friday, December 17, 2010 radio broadcaster took him from New York to Recently, the Staglins have taken the lead in Ms. HIRONO. Madam Speaker, I rise today Miami, where he found a job performing ad- the organization of the Next Frontier Initiative to recognize the late Judge Samuel P. King of ministrative tasks for a local radio station. to design and implement a 10-year collabo- the U.S. District Court for the District of Ha- Soon he had his own small show, which grew rative neuroscience research effort for the waii. Judge King passed away on December quickly in popularity and opened the door to benefit of soldiers and veterans with Traumatic 7, 2010, at the age of 94. His deep love for bigger opportunities. In the following years, Brain Injury and PTSD. Hawaii was evident in his rulings and in the Mr. King has published a column for USA The efforts of the Staglin family have way he carried himself throughout his life. Today, hosted his own show on CNN, re- changed the landscape of how the country ap- Samuel Pailthorpe King was born on April leased a widely read autobiography and ap- proaches mental illness, and are illustrative of 13, 1916, in Hankow, China, to Samuel Wilder peared in several blockbuster movies including the ability of a few dedicated people to truly King and Pauline Nawahineokalai Evans. The Shrek 2 and Ghostbusters. He has received change the world. elder King would later serve in the United countless honors, including an Emmy Award, f States House of Representatives as a dele- two Peabody Awards and ten Cable ACE gate from the Territory of Hawaii (1935–1943) Awards. LOESER’S DELI 50TH and as Territorial Governor of Hawaii (1953– Mr. King does not present himself as a hu- ANNIVERSARY 1957). manitarian, but he has contributed millions of Samuel P. King was a graduate of Punahou dollars to charity through his fundraising ef- HON. ELIOT L. ENGEL School in Honolulu. He also attended Yale forts and his personal donations. He played a OF NEW YORK University, where he received a B.S. in 1937 crucial role in securing support for victims after IN THE HOUSE OF REPRESENTATIVES and Yale Law School, where he graduated natural disasters devastated New Orleans and Friday, December 17, 2010 with an LL.B. in 1940. During World War II, Haiti. He established the Larry King Cardiac King joined the United States Navy and Foundation in an effort to eradicate the illness Mr. ENGEL. Madam Speaker, I stand today served as a Japanese language translator that claimed his father’s life and seriously to commemorate a Bronx institution—Loeser’s from 1942 to 1946. He continued his service threatened his own. Mr. King also sits on the Deli—which will be celebrating its 50th year in in the Naval Reserve from 1946 to 1967. board of the Police Athletic League of New business on January 8, 2011. Fredy Loeser King began to practice law in Honolulu in York City, a nonprofit organization serving dis- opened the business in 1961 with his father, 1946. In 1956, he became a district magistrate advantaged children and youth, and has es- Ernest, and has spent the last five decades for the City and County of Honolulu. Hawaii tablished a scholarship program at George standing behind the counter serving the peo- Governor William F. Quinn appointed King to Washington University’s School of Media and ple of the Bronx. Time has passed and people a judgeship in the First Circuit Court where he Public Affairs. have come and gone, but Fredy Loeser and served from 1961 to 1970. In 1966, King Madam Speaker and Colleagues, please Loeser’s Deli have stayed right in the joined Judge Gerald R. Corbett in founding join me in honoring Larry King for his remark- Kingsbridge section of the Bronx, making Hawaii’s Family Court system. In 1970, King able contributions to American culture. His life some of the best New York deli one can ever resigned as a judge and ran as a Republican is a testament to the power of hard work and have. for Governor of Hawaii. After losing to incum- big dreams. To thank his customers, Fredy will be turn- bent Governor John A. Burns, King returned to f ing back the clock on his anniversary and will private law practice. be pricing his food as if it was 1961. I dare On May 22, 1972, President Richard M. HONORING THE STAGLIN FAMILY anyone in this House to find a better hot dog Nixon nominated King to the United States for 50 cents anywhere in the country! District Court for the District of Hawaii. King HON. PATRICK J. KENNEDY In this day and age, where businesses was confirmed by the United States Senate on OF RHODE ISLAND come and go and when far too many people June 28, 1972. He began serving as chief IN THE HOUSE OF REPRESENTATIVES are struggling to keep their heads above judge in 1974. After 10 years as chief judge, water, it is a pleasure to honor a man who has King assumed senior status. Friday, December 17, 2010 worked hard for 50 years, keeping a small With nearly five decades on the bench, Mr. KENNEDY. Madam Speaker, I rise business afloat and thriving. Fredy has worked Judge Samuel P. King has left a legal legacy today to honor the Staglin family for their on- many long hours in these last few decades that includes decisions ranging from upholding going and unparalleled efforts to improve the and he continues to work those hours today. Hawaii’s land reform law to halting construc- lives of the hundreds of millions of individuals I want to thank him for his hard work and for tion of the H–3 freeway to protecting the rights across the world living with mental illness. being a pillar of our Bronx community all these of the mentally ill.

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22978 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 Judge King was one of five co-authors of were generous but soft spoken philanthropists, Wreckin’ Rams football team for their victory in the ‘‘Broken Trust’’ essay published in the donating, among other things, fire engines to the 5A State Championship. Honolulu Star-Bulletin in 1997. That essay, a local fire department and to New York City f written by prominent members of the Native after the September 11, 2001 attacks. Hawaiian community, was instrumental in Madam Speaker and colleagues, please join IN MEMORY OF TIM RUSSERT bringing change to the leadership and conduct me in honor and remembrance of Mrs. Hen- of the Bishop Estate trust that was established rietta King. I offer my condolences to her hus- HON. BRIAN HIGGINS to promote the education and wellbeing of Na- band Donald; her children Deborah, Carl, and OF NEW YORK tive Hawaiian children. In a 1998 interview, Eric; her niece Jean King-Battle; her five IN THE HOUSE OF REPRESENTATIVES Judge King said, ‘‘I know one thing. Every grandchildren; and her many friends and ex- Friday, December 17, 2010 judge has an obligation: If you see something tended family members. She will always be re- wrong in the community, you speak out membered for her steadfast and nurturing spir- Mr. HIGGINS. Madam Speaker, throughout against it.’’ With Broken Trust, Judge King did it. my time in Congress it has been my privilege just that. f to meet many of the people involved in run- According to those closest to him, Judge ning this great institution. Albert Caswell, who King was particularly proud of his decision RECOGNIZING THE ACADIANA works with the Capitol Visitor’s Center to give protecting the endangered Palila, a 6-inch HIGH SCHOOL RAMS FOOTBALL tours for the Wounded Warriors and Make a finch-billed member of the Hawaiian TEAM ON WINNING THE LOU- Wish organizations, is one of those people. honeycreeper family. ISIANA 5A STATE CHAMPIONSHIP I rise today to ask that a poem written by In 1979, Judge King ruled that the State of Mr. Caswell, honoring one of Buffalo’s great- Hawaii had to protect the bird by eliminating HON. CHARLES W. BOUSTANY, JR. est sons, Tim Russert, be added to the official wild goats and sheep from the Palila’s only OF LOUISIANA RECORD. natural habitat on the slopes of Mauna Kea on IN THE HOUSE OF REPRESENTATIVES RUSSART the island of Hawaii. He ruled that the Palila Friday, December 17, 2010 All on the canvass of our lives . . . had standing in the federal court system, and What, are of our gifts as realized? he monitored the bird’s welfare for the rest of Mr. BOUSTANY. Madam Speaker, I wish to That we so paint all in our lives . . . his life. congratulate the Acadiana High School That, which so shows all of us while in our Earlier this year, I introduced a bill that Wreckin’ Rams football team of Lafayette, times . . . As when we are gone, that which so surely would expand the forest habitat of native birds Louisiana, for winning their second 5A State Championship. With their win at the Super- shines! found nowhere else but in the State of Hawaii. Russ . . . Art . . . A Man of Faith, Who Thou The Hakalau Forest National Wildlife Refuge dome in New Orleans on December 11, 2010, Art! Expansion Act (H.R. 5380) will help preserve the team joins the level of elite high school A Thing of Beauty! Hawaii’s unique animals and plants. As the football teams in the State. Their win is a A Truly Great Man, Full of Heart! Member of Congress representing one of the source of pride for the students, faculty, and A Fine . . . Fine . . . Fine Kind Work of Art! most beautiful and ecologically important alumni of Acadiana High School, as well as of All in what you have painted, Tim . . . places in our world, like Judge King, I believe the people of Lafayette. All in your life’s part . . . Oh yes, in your lifetime Tim . . . you so species conservation is a part of my obligation This year’s squad overcame many hard- ships this season on their way to the Super- stood apart! to Hawaii. From all the rest! I would like to extend my deepest condo- dome. The strength, tenacity and determina- First and foremost, it was your love of fam- lences to Judge King’s wife of 66 years, Anne tion of the players and coaches to overcome ily, playing The Greatest Part! Van Patten Grilk King; his son, Samuel, Jr.; adversity proves that they indeed deserve to Whether, it was Big Russ . . . Like . . . or his daughters, Louise King Lanzilotti and be called ‘‘champions.’’ that lovely wife Maureen . . . Charlotte King Stretch; and his six grand- After compiling a 6–4 record in the regular As you so showed us all, life’s greatest theme children. season, the Rams cruised through the play- ... As your life’s Mission, as such . . . Mahalo nui loa (thank you very much). offs, recording big wins on their drive to New Orleans. The team defeated some of the All in your life’s ministry, all in your deci- f sions as bestowed upon us . . . strongest programs from across Louisiana: To drink from that cup of life, not sip . . .or IN HONOR AND REMEMBRANCE OF East St. John by a score of 56–6; Zachary, think twice . . . HENRIETTA KING 49–7; St. Paul, 41–20; and St. Thomas More To live each new day full, and on your way in the State semifinals by a score of 31–0. and burn bright! HON. DENNIS J. KUCINICH In the State championship game, the Rams A Man, from humble means . . . Who, never forgot from where he had come, OF OHIO played one of the top teams in the State, the who inspired all . . . this one! IN THE HOUSE OF REPRESENTATIVES West Monroe Rebels, a team which had won 29 straight games and was the defending But to live, That Great American Dream . . . Friday, December 17, 2010 As through your choices, and your most State champion. In one of the best high school warm inner voices . . . Mr. KUCINICH. Madam Speaker, I rise in games of the year, the Rams played their Where character, faith, and hard work so honor and remembrance of Henrietta King, a hearts out and emerged victorious with a 21– convened! devoted mother, wife and friend. Henrietta 14 victory over the Rebels. A poster child, with that warm smile . . . dedicated her life to cultivating potential in oth- This team represents the strength, deter- As all the while, of what America really ers, whether that meant teaching her children mination, and resilience of the people of means! to work the family farm or supporting her hus- Acadiana. I want to commend head coach Ted As all in your life was seen . . . band in his extraordinary career. Davidson for his leadership through the highs God, Faith, Family, and our Country ’Tis of Thee . . . Henrietta, or ‘‘Henri’’ as her loved ones and lows of this season, and applaud him and As you wore them all upon your sleeve . . . knew her, married future boxing promoter Don his fellow coaches for keeping the team fo- When, we Met The Press . . . King in her thirties. The couple’s early years in cused and determined to achieve their goal of In Your Search For the Truth . . . Cleveland, Ohio were a far cry from the life a State championship. All in you Tim, we so met the very best! they would build for themselves in years to Very few teams have won more than one For in your short, but great lifetime . . . come. Henrietta stayed by Don’s side through State championship in the history of the Lou- This your nation, you would bless! his struggles, helping him to become the pro- isiana High School Athletic Association, and For politics was your life . . . moting sensation that he is today. Friends also with this team’s win this year, Acadiana High And now, You and Murrow . . . share the same light! knew her for her lighthearted side. She had a School joins those select few Louisiana high And in this your world of gotcha . . . penchant for gardening, decorating, and col- school football programs. For overcoming ad- No man of honor, has ever burned more lecting extravagant shoes. versity early in the season and delivering re- bright! Even in times of prosperity, the couple did sounding wins throughout the post season, I Because, all our leaders knew there be a not forget those who were less fortunate. They congratulate the 2010 Acadiana High School fight . . .

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 22979 But, it would be an honest and fair . . . what Niki Tzavela, MEP, Vice Chairwoman, Eu- —the possibility of joint hearings and the was right! ropean Parliament Delegation issuance of joint statements. For it was your Great Love of Life . . . We, the Members of the European Par- In conclusion, we reaffirmed our commit- Go Buffalo! Go Bills! liament and the United States House of Rep- ment to strengthening the transatlantic re- That cries out to all of us this sad night! resentatives, held our 69th Interparliamen- lationship and working in partnership to To remind us, in what we saw . . . To carry tary meeting (Transatlantic Legislators’ solve common challenges. We pledged to con- a smile! Dialogue) in San Francisco, California, from tinue improving the effectiveness of our dia- To love God, Country, Work and Family . . . 3–5 December 2010. logue in order to realise the full potential of with all your might! Building on the joint statement issued fol- our interparliamentary relationship, as well To Be The Best, in all you do! lowing our last meeting in Madrid on 3–6 as to ensure the relevance of the TLD’s work To go for it! June 2010 we reasserted the importance of to the European Parliament and the United To help your friends, to be true! regular dialogue on political, social, secu- States Congress. And that was but Tim, that was but you! rity, economic and environmental challenges f To have a heart of a child, to ever carry it that affect all of our citizens. We agreed to and wear a warm smile! report back to our parent bodies on the con- COMMENDING THE MORROW-STE- All in your life’s quests, as viewed . . . A tent and outcome of our discussions in San VENS FOUNDATION ON 10 YEARS Francisco, in particular in the areas where Missionary Man . . . OF OPERATIONS Who’s Life of Faith, joint efforts are likely to produce positive painted a masterpiece far out across this outcomes. great land to view! We discussed issues ranging from the glob- HON. GERALD E. CONNOLLY al financial situation and trade, to Iran, A Mission, that our Lord had put you upon OF VIRGINIA this earth to do! Iraq, Afghanistan and Pakistan and climate change. We were briefed on data sharing and IN THE HOUSE OF REPRESENTATIVES f privacy issues by Mary Ellen Callahan from Friday, December 17, 2010 IN PRAISE OF THE TRANS- the Department of Homeland Security and Mr. CONNOLLY of Virginia. Madam Speak- ATLANTIC LEGISLATORS’ DIA- met with the Foreign Minister of Pakistan, er, I rise today to recognize and congratulate LOGUE MEETING HELD IN SAN His Excellency Shah Mehmood Qureshi. Our delegations noted that the U.S. and EU Geraldine and Alan Graham on the 10th anni- FRANCISCO, CA must be aware of long-term trends and chal- versary of operations of the Morrow-Stevens lenges including the economical and polit- Foundation, a non-profit organization they cre- HON. HOWARD L. BERMAN ical rise of Asia, cooperation with Latin ated to provide college scholarships to needy America, and seek answers to issues like cli- OF CALIFORNIA mate change and cybersecurity. In this con- students. Recognizing the importance of edu- IN THE HOUSE OF REPRESENTATIVES text, we discussed inviting a NATO rep- cation, and the significant challenge that finan- Friday, December 17, 2010 resentative to the next TLD meeting. cial hardships often pose to otherwise dedi- The European Parliament Delegation ex- Mr. BERMAN. Madam Speaker, from De- cated students, Geraldine and Alan incor- pressed its gratitude to the U.S. for its vote porated the Foundation in 1999 and began cember 3 to 5, a delegation of Members of the in support of a strengthened EU presence in House met with a delegation of Members of awarding scholarships the following year. The the United Nations General Assembly. Foundation’s scholarships are all-encom- the European Parliament for the 69th session We noted the statement by the leaders of of the Transatlantic Legislators’ Dialogue. The the U.S. and the EU giving a central role to passing, providing full tuition, room and board, TLD is the principal inter-parliamentary organi- the Transatlantic Economic Council (TEC), and book stipends for four years of post-sec- zation to foster discussion between U.S. and and outlining ‘‘the potential of transatlantic ondary education. Long-time residents of Vir- commerce to boost our growth and generate European Union legislators. Following my re- ginia, Geraldine and Alan set up the Morrow- jobs on both sides of the Atlantic.’’ We sup- Stevens Foundation Scholarship to be avail- marks is the Joint Statement issued by the port the joint efforts to ‘‘promote innova- TLD chairs and vice-chairs summarizing the able to deserving students in two of the low- tion, streamline regulation, and eliminate est-income counties in the Commonwealth. To results of this meeting. non-tariff barriers to trade and investment, A highlight of this meeting was the participa- bringing benefits to business, workers, and date, the Foundation has awarded eight schol- tion by the Foreign Minister of Pakistan, His consumers in both markets.’’ The reducing arships and has had five graduates. Its ongo- Excellency Shah Mehmood Qureshi, who gave of non tariff barriers and the streamlining of ing operation will continue to enable additional an enlightening presentation on current issues regulations were agreed as priorities when deserving, but underprivileged students the in Pakistan and the South Asia region. His re- the TEC was established. We call on the TEC opportunity for education and a greater ability leaders once again to reach out directly to to shape their futures. marks stimulated a lively discussion. Congress and the European Parliament. For the past four years, the TLD Congres- Madam Speaker, ensuring a quality edu- The October 14 2010 European Parliament cation for our children is one of our most im- sional delegation has been ably chaired by our Delegation ‘Brief on EU–US trade and eco- colleague, the gentlelady from Nevada, Ms. nomic cooperation’ was well received and we portant responsibilities, and I urge my col- SHELLEY BERKLEY. Indeed, she has been the look forward to further proposals to improve leagues to commend Geraldine and Alan Gra- driving force in making the TLD an effective the Transatlantic market. In this respect we ham and the Morrow-Stevens Foundation for mechanism to strengthen the working relation- also discussed the need for us as legislators their selfless work in furtherance of that goal to take a more active role to reduce non-tar- ship between the Congress and the European and wish them continued success in their iff barriers to trans-Atlantic trade, including noble efforts. Parliament. In recognition of her energetic working with executive agencies on a few commitment to trans-Atlantic diplomacy, the specific projects, for instance as regards f participants honored her at this meeting. As product testing procedures of automobiles HONORING DR. STEVEN E. HYMAN Chairman of the Committee on Foreign Affairs, and emerging products through advances in I join them in commending Ms. BERKLEY for nanotechnology. her outstanding leadership of the Transatlantic We discussed ways to further enhance our HON. PATRICK J. KENNEDY dialogue and deepen transatlantic ties, even Legislators’ Dialogue. OF RHODE ISLAND in times of economic constraints and re- TRANSATLANTIC LEGISLATORS’ DIALOGUE, specting the need for cost effectiveness, in- IN THE HOUSE OF REPRESENTATIVES FROM THE EUROPEAN PARLIAMENT AND THE cluding: Friday, December 17, 2010 UNITED STATES CONGRESS, JOINT STATE- —expanding contacts among staff of our MENT institutions, Mr. KENNEDY. Madam Speaker, I rise Shelley Berkley, Chairwoman, United —inviting EU and U.S. officials to provide today to honor Dr. Steven E. Hyman for his States Congress Delegation perspectives on strategic issues related to fi- service to the academic, scientific, and cultural Cliff Stearns, Vice Chairman, United nancial recovery and economic growth, life of the United States. As Director of the Na- States Congress Delegation —expanding interaction between the U.S. tional Institute of Mental Health (NIMH) from Jim Costa, Vice Chairman, United States Congress and the European Parliament, in- 1996–2001, Dr. Hyman was instrumental in Congress Delegation cluding through video-conferencing, Elmar Brok, MEP, Chairman, European —promoting closer contacts between the transforming the way the nation understands, Parliament Delegation Members responsible for specific legislative treats, and responds to mental illness. Under Sarah Ludford, MEP, Vice Chairwoman, issues, in particular on a committee to com- Dr. Hyman’s leadership, the NIMH became a European Parliament Delegation mittee basis, world leader in genetic, biological, and

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22980 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 neuroscientific research to improve the lives of It is my understanding that Judge Midyett is HONORING CARLA FURSTENBERG the tens of millions of Americans living with best known for his penchant for jury trials and COHEN mental illness. Since 2001, Dr. Hyman has for being hard but fair on criminals. During his served as Provost of Harvard University, tenure as a Chariton County Prosecuting At- HON. ELEANOR HOLMES NORTON where his innovative leadership helped usher torney, Judge Midyett had at least one jury OF THE DISTRICT OF COLUMBIA America’s oldest university into the new mil- trial each month. For a rural county with a IN THE HOUSE OF REPRESENTATIVES lennium with a strong emphasis on inter- small population, that is a fair amount which Friday, December 17, 2010 disciplinary and collaborative research. Addi- proves justice is being served. He believes tionally, Dr. Hyman’s role in strengthening the that all citizens should uphold the law and that Ms. NORTON. Madam Speaker, I rise today museums, libraries, and cultural institutions of no one is above the law. The citizens of to ask the House of Representatives to honor Harvard University has strengthened the rich Chariton County have known him to be ex- Carla Furstenberg Cohen, whose creative cultural life of the United States as a whole. tremely fair and honest. He has upheld the ideas and feisty energy were embodied in her Dr. Hyman is a member of the Institute of law through his knowledge of the law and his legendary bookstore, Politics and Prose, here Medicine of the National Academy of years of experience. Through Judge Midyett’s in the Nation’s capital. With her partner, Bar- Sciences. He has received awards for public example, others are reminded that Chariton bara Meade, Carla Cohen, who died on Octo- service from the U.S. Government and from County can only thrive within a strong and just ber 11, 2010, built a small storefront with ec- patient advocacy groups such as the National community. lectic books into a major public literary salon Alliance for the Mentally Ill and the National Judge Midyett is a well respected judge in that defined Washington as more than a gray Mental Health Association. Across the country his community. Judge Midyett upholds the tra- government town. and over the world, he has lectured on topics ditions and honors of the Judicial Branch of Her love of books could not be contained in- ranging from genes, brain, and behavior to the Missouri government. His accomplishments in- side the book covers alone, however. Politics stigma of mental illness. Dr. Hyman is a mem- clude: Appointments by the Missouri Supreme and Prose also became a combination discus- ber of the Society for Neuroscience, the Amer- Court for the Civil Rules Committee; the Judi- sion platform for authors—from Bill Clinton to ican College of Neuropsychopharmacology cial Weighted Workload Steering Committee Alice Walker—basement coffee shop with and the American College of Psychiatrists. He 2006–2008; Board of Directors of the Missouri open mics for musicians, and a hangout for has served on scientific advisory boards na- associate Probate Associate Circuit Judges browsers turned off by the big box chain tionally and internationally including the How- 2005–2009; former President of the 9th Circuit stores. ard Hughes Medical Institute, the Riken Brain Bar; past member of Missouri Prosecuting At- No one who knew Carla, as I did at Antioch Sciences Institute in Japan, and the Max torney Associations; past member of National College, can be surprised that Carla Planck Institute for Psychiatry in Germany. He District Attorneys’ Association; Associate of Furstenberg, with her effervescent personality, is currently Chairman of the Scientific Advisory Trial Lawyers of America; Association of Law- had the power to create an institution. She did Board for the Next Frontier Initiative, a new yers for Pilots Association; City Attorney for not leave all that energy at college, however. endeavor to design and implement a 10-year Keytesville 1974–1985. Of course, Carla, like the brightest young collaborative neuroscience research effort for Service to the Keytesville community is a women of her generation, got a master’s de- the benefit of soldiers and veterans with Trau- hallmark of Judge Midyett’s character. His gree, was married for 52 years to David matic Brain Injury and PTSD. friends and colleagues honoring him are but a Cohen, and had two children. She worked in As Dr. Hyman prepares to transition from few of the organizations that have grown from urban planning and housing and served as a his position as Provost of Harvard University, his leadership. The Judge has been extremely staff member in the House of Representatives we honor his legacy as a national leader in active in local and civic activities including: before joining the U.S. Department of Housing science and academia and look forward to his Board of Directors of Keytesville Lions Club; and Urban Development. continued contributions to American life. former President of Keytesville Lions Club; However, Carla found her true calling at f former President of Keytesville Chamber of Politics and Prose, ‘‘a place where books are RECOGNITION FOR RETIRING AS- Commerce; member of Immanuel Lutheran not commodities.’’ The bookstore was a meet- SOCIATE CIRCUIT JUDGE MI- Church of Salisbury; philosophically and in ing place for those who wanted to do more CHAEL L. MIDYETT, CHARITON real terms, Judge Midyett is a proud member than buy books. People who found it important COUNTY, MISSOURI of the Chariton County Democratic party. to have a place to talk about books and about Foremost among the Judge’s many accom- politics, art, and the issues and items of the HON. EMANUEL CLEAVER plishments has been his recent work obtaining day often found their way to Politics and OF MISSOURI pictures of former Chariton County judges for Prose. IN THE HOUSE OF REPRESENTATIVES the Courthouse. Judge Midyett has searched Carla Cohen threw herself and her savings into Politics and Prose, mortgaging her house Friday, December 17, 2010 extensively for pictures of the past judges and done an amazing amount of research on the and borrowing from family and friends to open Mr. CLEAVER. Madam Speaker, I rise on lives of these judges and the times they lived the store in 1984, when the mega bookstores behalf of Missouri’s Fifth Congressional Dis- in. What a wonderful legacy to leave your were at their high point. The giant retailers re- trict, to take this opportunity to recognize the community. Your personal commitment to the sponded by trying to copy what they could Honorable Michael L. Midyett, Associate legal and judicial system in Keytesville and from the book lovers’ intimate atmosphere of Judge, Chariton County, Missouri. I would like Chariton County serves as a model for what it Politics and Prose. The bookstore continued to to thank him for his service to his community means to give back to our communities. thrive. Despite the recession, its sales, at $7.5 and to congratulate him upon his upcoming re- Madam Speaker, once again, I want to million, were $3 million more than two years tirement from the bench. I am so pleased share my sincerest congratulations to Judge ago. Judge Midyett’s community is honoring him by Midyett as he receives our well deserved rec- Politics and Prose will survive its extraor- recognizing his many years of service on the ognition. I wish the Judge the best in the dinary creator. Though the bookstore was put bench, but especially for his dedication to and years to come. up for sale shortly before Carla Cohen’s caring about the citizens of his community. f death, co-owner Barbara Meade is conducting Only a special person would provide the years the sale by actually interviewing the six final- of judicial and legal service Judge Midyett has PERSONAL EXPLANATION ists, among more than 50 who made offers. provided through his 21 years of service as The lessons should be clear enough. If the second longest serving Associate Circuit HON. KAY GRANGER bookstores want to survive at all in the age of Judge of Chariton county; for over 29 years as OF TEXAS electronic books, they had best study the an elected official serving the State of Missouri IN THE HOUSE OF REPRESENTATIVES model that Carla Furstenberg Cohen created. in the Judicial System first as a Prosecuting Madam Speaker, I ask the House of Rep- attorney then as a Judge. Including his years Friday, December 17, 2010 resentatives to join me in celebrating the as a practicing attorney, Judge Midyett has Ms. GRANGER. Madam Speaker, on rollcall amazing life of Carla Furstenberg Cohen of served the citizens of Missouri for 39 years in No. 647, I was absent from the House. Had I Politics and Prose, a legacy with life still to the Judicial system. been present, I would have voted ‘‘yes.’’ give.

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 22981 IN RECOGNITION OF THE BATTLE- IN HONOR OF DARLENE DUNHAM TRIBUTE TO SPANISH FORT HIGH FIELD HIGH SCHOOL BOBCATS, SCHOOL’S TOROS—ALABAMA’S 5A 2010 VIRGINIA AAA DIVISION 6 HON. SAM FARR FOOTBALL CHAMPIONS FOOTBALL STATE CHAMPIONS OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES HON. JO BONNER HON. GERALD E. CONNOLLY Friday, December 17, 2010 OF ALABAMA IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA Mr. FARR. Madam Speaker, I rise today to recognize the remarkable public service career Friday, December 17, 2010 IN THE HOUSE OF REPRESENTATIVES of Darlene Dunham. Darlene is retiring from Mr. BONNER. Madam Speaker, I rise to Friday, December 17, 2010 her work in Monterey County as the chief of honor the great accomplishment of a talented Staff for County Supervisor Simon Salinas. group of young men who worked together to Mr. CONNOLLY of Virginia. Madam Speak- However, she has had a long path of edu- propel the Spanish Fort, Alabama, Toros to er, I rise today to recognize the Battlefield cation and leadership before going to work for the pinnacle of the State Class 5A champion- High School Bobcats from Gainesville, Virginia the County of Monterey. Of historical interest, ship. for winning the 2010 Virginia AAA Division 6 Darlene was one of the top 16 money winners On December 2, the Spanish Fort Toros State Championship in football. on the old television game show The Joker’s varsity football team ended a historic season The Battlefield High School team completed Wild. the regular season with a record of 8 wins and Darlene returned to college after having two by defeating Briarwood Christian 14 to 0 to 2 losses. To capture the title, Battlefield won children, Troy and Denyse. In 1983, she win the Alabama Class 5A title. This victory four straight playoff games and defeated a opened her own political consulting and train- represents the first time the Spanish Fort team from Hermitage High School in Rich- ing firm named Darlene Dunham and Associ- Toros have captured a State football cham- mond, Virginia that had only lost once in their ates. By 1998, she had expanded her busi- pionship during their brief four years of fielding previous 47 games. Battlefield also won their ness by 3 partners and focused on manage- a team. I would like to congratulate coaches Bryant second straight Northwest Region Champion- ment training and consulting to the agricultural Vincent, Tommy Walker, Chase Smith, ship this season. This is Battlefield High community. She finally received her Masters George Brown, Richard Kelly, Duane Davis, School’s first State Championship in a team degree in Leadership at the age of 57. Wayne Davis, Earnest Hill, Justin Moore, Mi- sport. The team is one of only 50 high school Darlene spent a decade working in state chael Beasley, Rob Milam, and the entire football teams out of more than 16,000 nation- and local political campaigns as a fundraiser Toros team: Connor Mitchell, Otis Smith, wide to be honored by the MaxPreps Football and campaign consultant for now famous Christopher Beasley, Billy Harris, Blake Dees, Tour of Champions with the National Guard Willie Brown, former Speaker of the California Joel Poe, Ameriol Finley, Barkley Sims, Gar- National Ranking Trophy. In recognition of his Assembly, and former state legislators, now rett Horst, Davares Ambrose, Shane English, outstanding leadership, the Washington Post Members of Congress, LUCILLE ROYBAL- Jonathon Cook, Demarco Montgomery, Mat- named Head Coach Mark Cox the 2010 All- ALLARD, XAVIER BECERRA, JIM COSTA, MAXINE thew Harris, Conner McGavin, Troy Brown, Met Coach of the Year. WATERS, DIANE WATSON, and myself. While serving as chair of the Monterey County Com- Daniel Pond, Michael Tynes, Matt Hall, It is my honor to enter into the CONGRES- mission on the Status of Women, Darlene led Devontae Patrick, Brett Lesinger, Kylan Cot- SIONAL RECORD the staff, coaches and players the first sexual harassment training course for ton, Hunter Glass, Jarred Hodges, Brendan who helped Battlefield High School win the county employees and was one of the first McCants, Dillen Malone, Alex Thomas, James 2010 Virginia AAA Division 6 State Champion- persons certified by the California State Bar Rocket, David Sullivan, Cory McCarron, Cam- ship. Association to train public and private sector eron Bosarge, Keland Dotch, Marcus Walton, Principal: Amy Ethridge-Conti. personnel including California prison guards. Alec Morgan, Jake Clemmenson, Blain Crain, Athletic Director: Ben Stutler. Along with running her business, Darlene Jack Wilson, Bobby Creighton, Brandon Head Coach: Mark Cox. found time to get involved in the community. Sledge, Tyler Bexley, Brannan Crosby, Aaron Assistance Coaches: Mark Johnson, Rob Darlene has served on the Monterey County Caldwell, Conner Gates, Jake Brackhan, Mello, Vic Ceglie, Paul Labazzetta, Jaime Arts Council, she has volunteered with the Sa- Byrson Stringer, Russell Whisnant, Tanner Labazzetta, Bobby Coleman, Greg Williams, linas Women’s Crisis Center, she served as a McNair, Grant Horst, Will Martin, Chase Kevin Kerns, Sam Newman, Don Fair, John representative on the Hartnell College Board Holliman, Patrick Connick, Zac Fowler, Reed White, Tim Coughlin. of Trustees, Vice Chair of the City of Salinas Pennington, Grey Curtis, Victor Dunning, Chris Players: Terrell Tapscott, Andrew Smith, Recreation-Park Commission, and a board Morehouse, Zack Burnett, Cameron Gates, Bobby Curry, Brian Curry, Sidney Henry, member of the Education Foundation for Sali- Patrick Williamson, Cade Burgin, Osmond Isiah Wright, Michael Jorgenson, Nathan nas Union High School District. She was rec- McGahan, Ishmail Gazawi, Caleb Pinilis, JT Curtis, Walker Betts, Reese Dismukes, Chan- Brosnahan, Devon Greene, Ryan Swingle, ognized as one of the outstanding women of dler Wilson, Kaleb Hall, Hampton Cline, David Devonne Haydon, Jeff Beathard, Cedric Monterey County’s Commission on the Status Bertagnoli, Kevin Townsend, Timothy Pharez, Agyeman, Quantray Wilkerson, Nagee Jack- of Women. The Salinas Chamber of Com- Grant Curreton, Jared Burtrico, Adam Adcock, son, Anthony Lopez, Jason Hoepker, Jay merce gave Darlene their Athena Award for John Jagaee and Brandon Hayliger. Onwuka, Lucas Klugh, Chris Wendle, Jake outstanding businesswoman. Congratulations Toros. Conway, Grayson Matthews, River Piercy, Darlene’s passion and leadership led her to f Eric Michael, Drew Elias, Austin organize a trip to Morelia, Mexico to provide Thibodeaux, Joe Walker, D’Anthonie an opportunity for a group of Elementary HONORING MARY ELLEN Delgado, Darius Johnson, Nick Newman, School teachers to study the Spanish lan- BRANDELL Ryan Newton, Mike Osei, Zavier Stringfellow, Dane Howard, Eddie Cunha, guage and the Mexican culture. Darlene notes Freddie Potter, Harrison Hyre, Zac Everett, that she is looking forward to being retired so HON. DAVE CAMP Blaine Varley, David Risoldi, Eric Loehle, she can return to traveling the world with her OF MICHIGAN Jack Taylor, John Agnos, Ronald Ausberry, husband and enjoying her grandchildren IN THE HOUSE OF REPRESENTATIVES Brandon Whaley, Garrett Fox, CJ Emma, age 4, and Truman, age 11⁄2. Incrominias, Brandon Dukeman, Larry Madam Speaker, I know that I am not alone Friday, December 17, 2010 Fields, Darion Duncan, William Soloman, in recognizing the work of this amazing Mr. CAMP. Madam Speaker, I rise today to Robert Garland, Turner Meeks, Brian Wil- woman. Darlene has always been involved in honor Mary Ellen Brandell, who lost her coura- son, Jon Hyre, Jacob Payne. the community and her dedication to make geous battle with leukemia on September 24, Madam Speaker, I ask that my colleagues Monterey County a better place will surely 2010. join me in congratulating the Battlefield High continue, even after she retires. For all that I first got to know Mary Ellen when she was School Bobcats for winning the 2010 Virginia she has done and all that she will undoubtedly working at Central Michigan University, and I AAA Division 6 State Championship. This is a do, I extend my most sincere thanks and was just beginning my political career. She well-deserved title that could not have been warmest wishes to our friend and professional gave this young candidate a lesson in Mt. won without an extraordinary team effort. colleague, Ms. Darlene Dunham. Pleasant and Isabella County politics and the

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22982 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 confidence to ultimately win a congressional went to work for Pacific Engineering in 1973 other fish that sustained native Americans for campaign. and then Thrifty Drug in 1974. In 1977, he millennia and visitors from other continents for Her kindness has stayed with me through- began his career with the San Luis Obispo the past two centuries. The impacts of ill-ad- out these years, as I have grown closer to the County Sheriff’s Department. vised and poorly managed development had Brandell family. Sheriff Hedges was elected Sheriff of San devastated both the Trinity and the Klamath. In fact, her son Jim is my Chief of Staff. Luis Obispo County in 1998, and served 3 Thanks in large part to Byron, the Trinity is on Now a decade into service for this institution, consecutive terms. As Sheriff, he was respon- its way to recovery. Jim carries with him the sensibilities instilled sible for law enforcement for an area in ex- He pushed the Department of the Interior to by Mary Ellen: Family, faith, and true citizen- cess of 3,200 square miles, oversaw 400 em- develop and then implement the historic 2000 ship. ployees, and oversaw a county jail that cur- Trinity Record of Decision, he has worked tire- For far too many people, these are mere rently houses more than 500 inmates. Sheriff lessly ever since to ensure that the Trinity res- words, but for Mary Ellen, these were the pil- Hedges instituted many improvements and toration program goes forward as intended, lars on which she built and lived her life. And was instrumental in forging the modern Sher- and he has pushed the agencies to follow the they served her well. She was a constant iff’s Department. Among many things, Sheriff science. presence in the Mt. Pleasant community. From Hedges helped facilitate opening the new Byron has led an active and vigorous orga- continuing her work with the ever-growing North Patrol Station in Templeton and a DNA nization over the years, devoting his time, en- Central Michigan University, to her extensive laboratory for the department. He improved ergy, and financial resources to make a real list of charities including most recently with the the efficiency of law enforcement in San Luis difference in the direction of the Trinity River Isabella County Sesquicentennial Committee, Obispo County by creating an Independent restoration program, which is today one of the Woodland Hospice, Access to Recreation, and Sheriff’s Narcotics Unit, forming the Rural leading efforts of its kind. the Rotary Club. In fact, her efforts were so Crime Task Force, and implementing school Byron and FOTR have worked with the well recognized that she was named Mt. resource officers. Sheriff Hedges also was a usual alphabet soup of government agencies, Pleasant Citizen of the Year. founding member of the Anti-Gang Coordi- as well as tribes, fishermen, and water and She was also a world traveler, taking yearly nating Council and established the Sexual As- power interests, to develop and implement the trips with Jim to see new corners of our plan- sault Felony Enforcement Unit. restoration plan. Byron has always been con- et. She valued the time she spent with her Sheriff Hedges currently serves on the sistent and persistent, cooperative when pos- family, but also used these opportunities to Board of Governors for the San Luis Obispo sible and tough when needed. meet distant relatives and make new friends. County Narcotics Task Force and has pre- Thanks to Byron and the work of FOTR, the She was even utilized in her role as a commu- viously served in many community organiza- Trinity River is now in better shape than at nity leader of Mt. Pleasant to reach out to sis- tions including the North County Women’s any time since the 1960s—we have seen in- ter cities. Shelter and the Sexual Assault Recovery and creased flows, a healthier fishery, and a Even with these public and global accom- Prevention Center Board, San Luis Obispo stronger scientific foundation for its manage- plishments, I know that Mary Ellen’s proudest Mental Health Board, California State and San ment. accomplishment was her family, which in- Luis Obispo County Cattlemen’s Associations, While there will always be snags and eddies cludes seven children and fifteen grand- and the Anti-Gang Coordinating Commission. in these undertakings, the successful restora- children. She has given them the love and Sheriff Hedges is a member of the Los Ange- tion of the Trinity River will serve as a national nurturing they needed to grown and excel in les Joint Terrorism Task Force Executive model of a restored river below a federal dam. their careers and she led by example, by re- Board. The Trinity River could have no better friend turning to school and getting her master’s, Dedicated to serving his community in a va- than Byron Leydecker. We are grateful to specialist and doctoral degrees, after her sev- riety of ways, Sheriff Hedges’ leadership at the Byron for his leadership, and thank him for all enth child was born. And she put her family San Luis Obispo County Sheriff’s Department his work on behalf of healthy rivers and sus- first, selflessly caring for her husband Dick at will be deeply missed. I’ve known Pat for tainable fisheries. home for many years as his health declined years and value his friendship and support, f prior to his death in 2004. and while he may no longer be Sheriff, Pat will Mary Ellen was a remarkable woman, and continue to be a leader in our community. I TRIBUTE TO FORT DALE ACAD- one that cannot be replaced. She will be re- plan to continue to call on him for advice and EMY’S CHAMPIONSHIP EAGLES membered for all of the lives that she had counsel, and a good dose of his dry wit. FOOTBALL TEAM touched. I will be forever grateful for her kind- In this new chapter of his life, I’m sure Pat ness and generosity. is looking forward to spending more time with HON. JO BONNER f his wife, Sandy, and children. I commend his OF ALABAMA service to the County of San Luis Obispo, and IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO PAT HEDGES I hope that Sheriff Hedges enjoys the next Friday, December 17, 2010 stage of his life. HON. KEVIN McCARTHY f Mr. BONNER. Madam Speaker, I rise to OF CALIFORNIA honor my alma mater, Greenville’s Fort Dale HONORING BYRON LEYDECKER IN THE HOUSE OF REPRESENTATIVES Academy, for its outstanding achievement in capturing the Alabama Independent School Friday, December 17, 2010 HON. GEORGE MILLER Association’s Class AAA title. Mr. MCCARTHY of California. Madam OF CALIFORNIA On November 19, the Fort Dale Academy Speaker, I rise today to honor a community IN THE HOUSE OF REPRESENTATIVES Eagles soared to victory over their rival, the leader, Pat Hedges, on his retirement after 33 Monroe Academy Volunteers, winning the years of service with the San Luis Obispo Friday, December 17, 2010 state championship by a 49 to 21 margin. County Sheriff’s Department, most currently as Mr. GEORGE MILLER of California. Madam Both teams were outstanding this year, and Sheriff-Coroner. Speaker, I rise with my colleague Congress- while I represent Monroe Academy in Con- Sheriff Hedges grew up in San Luis Obispo man MIKE THOMPSON today to recognize the gress, I hope they will allow me to express my County, graduating from Morro Bay High great accomplishments of our friend Byron pride for this unique achievement by my alma School in 1970, earning an associate degree Leydecker, who recently announced that he mater. from Cuesta College and later a bachelor’s will conclude operation of Friends of the Trinity I wish to congratulate the Eagles’ head degree in administration of justice from Cali- River, the organization he founded eighteen coach James ‘‘Speed’’ Sampley, assistant fornia State University, Sacramento. After re- years ago and has led ever since. coaches Daniel Autrey, Josh Beverly, Clint ceiving his degree from Cuesta College, Sher- The Trinity River flows through mountains in Lowery, Jason Taylor, Jimmy Gardner, Jimmy iff Hedges went on to join the United States coastal northern California and is the largest Phelps, Bert Rice, and Will McInvale; and, the Coast Guard in 1971, went through boot camp tributary of the Klamath River. These rivers Eagles varsity players, Taylor Windham, Mat- in Alameda, California, and served in the supported huge bountiful populations of both thew Bender, Eli Blackmon, Ryan Salter, An- Coast Guard until his retirement in 1997. He Chinook and Coho salmon, steelhead and drew Callen, Stephen Till, Stewart Matthews,

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 22983 Hunter Armstrong, Ryan Taylor, Dylan Jones, School that was knocking on the one yard when Congress’ voting schedule has pre- Patrick Russell, Chip Taylor, Mason Stinson, line, to cinch a 7 to 6 victory at the State vented me from being home, and provided me Dow Gardner, Ethan Gregory, Luke Hamm, Class 6A championship game. It was truly a with advice and counsel on some of the Zane Speir, Taylor Loftin, Perry Singleton, classic in Alabama high school athletics. toughest challenges facing our nation. Jacob Phillips, Miller Owens, Brandon Mat- I would like to congratulate the Trojan So many of my legislative accomplishments thews, Manny Norrell, Sawyer Reeves, Chase coaching squad, Glenn Vickery, Brian Camp- would never have been possible without Whiddon, Loredo Russell, Caleb Luckie, Tripp bell, Milton Sutton, Mike Vickery, Lawrence Kent’s invaluable contributions and hard work. Neilson, Patten Thompson, Charlie Scofield, Yelding, Bart Sessions, Mike Barnard, Benny In the early 1990s, Kent traveled with me to Alex Bloodworth, Taylor Hartley, Cade Tillery, Houston, and Nathan McNair as well as the Romania to visit orphanages and talk with Ro- Brady Clark, Larry Harold, Tyler Jones, Ethan entire Trojan varsity team, including, Israel manian policymakers about the country’s Edgar, Davis Crocker, Bud Thagard, Chase Lamprakes, Leo Battiste, Kyndal Minnefield, adoption policies. His hard work helped lead Smith, Chance Williams, Alex Medley, Jona- T.J. Yeldon, Torren McGaster, Tyrell Hollo- to the easing of Romania’s cumbersome than Scott, and Will Davis. way, Ryan Anderson, Justin Jackson, Chris adoption restrictions, allowing hundreds of Ro- Congratulations on an excellent season and Hill, T.J. Fleeton, Chris Sain, Cartels Young, manian children to find loving homes in the for bringing Fort Dale Academy its first state Horace Johnson, Russ Mosely, Douglas United States. Kent also inspired the first reg- crown. Perdue, Adam Lofton, Brandon Roberts, Trey ulations on the 1–800 and 1–900 number in- f Jenkins, Zack Morgan, Markell Jones, Jona- dustry, prompted by a late night TV session than McGaster, Robert Nettles, Jr., Rodrick when he was on bottle-feeding duty with his PERSONAL EXPLANATION Tate, Michael Pierce, Jalan Coleman, Trey then-baby daughter Liala. The Telephone Dis- Rembert, Josh Johnson, Zach Houston, Pres- closure and Dispute Resolution Act is now HON. KENNY MARCHANT ton Conley, Trey Thomas, Bennett Barr, Pat- law, and Liala is now a student at MTSU. OF TEXAS rick Wilson, Clark Newsome, Daniel Coole, Kent and I have done our best to stay true IN THE HOUSE OF REPRESENTATIVES Jeremy Freeman, Zach Sanchez, Malik Pruitt, to our principles over the years, and we have Friday, December 17, 2010 Dominic Edney, Zack Taylor, Caleb McMillan, never lost faith in MTSU’s Blue Raiders. Kent Cain Knox, Kevin Wilson, Pierce Parker, Josh has always had his finger on the pulse of the Mr. MARCHANT. Madam Speaker, due to Kirchharr, Willie White, Trent Johns, Greg Jen- community, a valuable attribute that has made recent major surgery, I have been unable to kins, Nic Morgan, Andy Headley, Ben Lewis, him a trusted advisor. travel to Washington, DC and would like the Ashton Mcquitery, T.J. Jackson, Carlos Kent is an institution in Rutherford County, RECORD to reflect my stated positions on three Barrera, Jordan Davis, Colton Byrd, Jonathan which has seen enormous development and major votes that I missed due to my recovery Perry, Anthony Rudolph, Lucas Carson, Cam- nearly tripled in population since he and I first from surgery. eron Lemcool, Hunter Broadus, Elliot Williams, began working together three decades ago. Rollcall vote 625 of December 8, 2010 on Kevin Caldwell, Matthew Mabry, Jeremy Together, we have worked to improve the HR 5281 that contained the DREAM Act, I Sparks, Ronnie Williams, Monya Brown, Rob- quality of life in our community through the ex- would have voted ‘‘nay.’’ ert Alexander, Jonathan Parslow, Jacob pansion to Stones River National Battlefield, Rollcall vote 638 of December 15, 2010 on Olmsted, Ryan Olson, Dalis Houston, Clay the development of the Greenway system and the Don’t Ask, Don’t Tell Repeal Act of 2010, Myers, Blake Douglas, Adam Daniel, Serge improvements to MTSU. I would have voted ‘‘nay.’’ Kolotov, David Phillips, Alex Jackson, James Kent is one of three men who have stood by Rollcall vote 647 of December 17, 2010 on Reyner, Eric Lee, David Carroll, Ryan Pugh, me from the very beginning, through victories the Tax Compromise, I would have voted and Duquan Able. and disasters—through hell and, literally, high ‘‘nay.’’ Congratulations, gentlemen on a truly amaz- water in the aftermath of tornadoes and se- I look forward to returning to Washington, ing season and Alabama Class 6A victory. vere flooding. Along with Jimmy Stubblefield DC next month when cleared to travel by my f and Billy G. Smith, Kent has been there every doctor. step of the way. f HONORING THE SERVICE AND Kent has dedicated his entire adult life to DEDICATION OF KENT SYLER PERSONAL EXPLANATION me and to our community. I can’t ask for much more than that. He was best man at my wed- HON. MICHAEL K. SIMPSON HON. BART GORDON ding. He met his wife Lynell while working for OF TENNESSEE me, and I’ve watched their daughters Liala OF IDAHO IN THE HOUSE OF REPRESENTATIVES and Emily grow up to be bright, accomplished IN THE HOUSE OF REPRESENTATIVES young women. Friday, December 17, 2010 Friday, December 17, 2010 Madam Speaker, any success I’ve had is Mr. SIMPSON. Madam Speaker, on rollcall Mr. GORDON of Tennessee. Madam Kent’s success. He is a dedicated public serv- No. 642, to suspend the rules and pass S. Speaker, I rise today to recognize James Kent ant, a respected leader in his community and 3447 the Post-9/11 Veterans Educational As- Syler for his contributions to the Sixth Con- a trusted friend. Kent, thank you for all your sistance Improvements Act of 2010, I was un- gressional District of Tennessee. As any mem- help and dedication over these many years. I avoidably detained and unable to vote. ber of Congress knows, our legislative wish you, Lynell, Liala and Emily all the best. Had I been present, I would have voted achievements and successful constituent serv- f ‘‘aye.’’ ices programs would not be possible without a cadre of great staff working behind the OFFICE OF THE COMMANDANT OF f scenes. Throughout my time in Congress, I THE MARINE CORPS TRIBUTE TO THE DAPHNE HIGH have been fortunate to have many bright, able SCHOOL TROJANS—ALABAMA’S staff members with an interest in serving their HON. JO ANN EMERSON 6A FOOTBALL CHAMPIONS country by working in this body. Today, I’d like OF MISSOURI to single out someone who has accomplished IN THE HOUSE OF REPRESENTATIVES HON. JO BONNER an amazing feat that deserves recognition, ap- Friday, December 17, 2010 plause, and perhaps, a test of his sanity; in- OF ALABAMA Mrs. EMERSON. Madam Speaker, I submit IN THE HOUSE OF REPRESENTATIVES credibly, Kent Syler has been a part of my staff for all of my 26 years in Congress. the following. Friday, December 17, 2010 Kent and I both attended Middle Tennessee Ladies and gentlemen, thanks for coming Mr. BONNER. Madam Speaker, I rise to pay State University, where we both served as stu- to the oldest post of the Marine Corps, the Marine Barracks of Washington, D.C. A little tribute to the outstanding achievement of the dent body president. Kent then came to work history on this hall—it is now called the Daphne High School Trojan varsity football for the Tennessee State Democratic Party, Crawford Hall, named after that great band team in capturing the Alabama Class 6A title. where I served as chairman. As my district director that you see on the wall over there. On December 3, the unbeaten Trojans held Chief of Staff, he has managed an outstanding But this was the original stomping grounds tough, despite a determined Hoover High staff in Tennessee, represented me at events of John Philip Sousa.

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0689 Sfmt 0634 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22984 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 And this was where John Philip Sousa, who joint matters and personnel matters and This commitment to our Corps, to our coun- was raised in Washington, D.C. a block-and- that kind of stuff. try and all that it represents can be seen a-half from the Marine Barracks of Wash- And I said, ‘‘Hey, Bob, how’s Korea going?’’ here at Marine Barracks Washington, on- ington, wrote his many, many military He said, ‘‘You know, this is—as you might board the mighty Navy vessels of the 15th, marches. So this is sacred ground for the Ma- imagine—consuming an awful lot of my the 26th and the 31st Marine Expeditionary rine Corps . . . the grounds were actually time.’’ And we talked about Korea for just a Units—which are at sea today as we have discovered by the then-Commandant Lieu- little bit. And I said, ‘‘Bob, I’ll make a deal: breakfast, and in the Helmand province, with tenant Colonel Burrows, and the President of I’ll trade you ‘don’t ask, don’t tell’ for North the 20,000 Marines and sailors in southern Af- the United States, Thomas Jefferson. Korea.’’ And there was silence on the phone. ghanistan. It’s good to have you here. We’re honored For 40 seconds, you could sense that he was Ladies and gentleman, Chairman Isaac to have many distinguished guests with us churning the idea—he says, ‘‘No, I’ll take Newton Skelton, IV, known to many as Ike, today. North Korea.’’ is a true patriot, an American statesman, First, the chairman’s lovely wife, Patty. While we gather here, it’s 9:00 am, and it’s and most notably, he has lived his life in Patty, thank you for braving the rainstorm. about 5:30 in the evening in the Helmand service to our great nation. Like our Ma- I was watching the weather—being a good province in southern Afghanistan. The sun rines, Chairman Skelton has loved his coun- pilot, I pay very close attention to the has just gone down. The night is beginning try above all else, having served it faithfully weather—and I managed to pick the one day to cool off rapidly, and Marines are finding as a U.S. Representative for over 33 years. that there was supposed to be heavy rain and their way in from patrols and convoys from He has willingly sacrificed what most a flood in Washington, so I’m glad you’re all over those 10,000 square miles. And Americans hold dear, a private and personal here. And for everybody else that managed they’re coming in, looking for some place to life. He has sacrificed his family time, his to gut it out, thank you for being here. eat chow. time away from his wife, from his children, From the great state of Missouri, Rep- And I doubt seriously that the chow that and now, from his grandchildren. And like resentative Emanuel Cleaver is here; Rep- they’re going to find will be quite as good as many of his fellow Marines, he has grown old resentative Todd Akin, Representative we have here this morning. Contrary to pop- during a time of war. And lastly, no one can Blaine Luetkemeyer, Representative Paul ular belief, I did not fix this breakfast at 2:00 doubt his willingness to be part of something Broun of the United States Marine Corps, this morning. It was done by the great chefs that’s greater than himself, as he has served from the great state of Georgia. From the that you see running around in here and tak- his fellow Americans for [these many] years. great state of Arkansas, Representative Vic ing such great care of us. But the 20,000 Ma- Born and raised in the great state of Mis- Snyder, United States Marine Corps; and rines and sailors will have just come in [to souri—or as he would say, Mi-zoor-uh—he’s a Representative Jane Harman from the great their Forward Operating Bases] all across Phi Beta Kappa graduate of the University of state of California. Helmand Province. Some are getting ready Missouri. He was a Missouri state senator be- The 32nd Commandant of the Marine to go out on their night patrols. fore he joined Congress. And since 1977, Corps, and former National Security Advi- The [Marines there] have many things in Chairman Skelton has represented the 4th sor, General Jim Jones, and the former first common. They’re tired and they’re hungry. district of the ‘‘Show-Me’’ state, an area lady of the Marine Corps, his lovely bride Some will have had a rougher day than oth- where the chairman’s hero president, Harry Diane. The Under Secretary of the Air Force, ers. We are in a particularly nasty part of S. Truman, was born and raised. For 33 former chief of staff of the House Armed Afghanistan. There is much good news in the years, Chairman Skelton has kept his con- Services Committee, and a secret and latent Helmand province, but there are also some stituents and our nation’s best interests at admirer of the United States Marine Corps is tough spots that the Marines and the sailors, heart. with us, [the Honorable Erin Conaton]. and those coalition and allied forces are However, for all the countless things he A particularly warm welcome to the men working their way through, up in the north- has done in Congress, he is known best for and women who really do the heavy-lifting east corner [of the Helmand Province]. his love and care of the U.S. military serv- for the committee: Paul Arcangeli is here, But they all have one thing in common. iceman and woman. He was instrumental in the chief of staff of the House Armed Serv- They may be tired; they may be scared. They the establishment of the Goldwater-Nichols ices Committee. Debra Wada is here, the dep- may have just seen one of their brothers fall. Act. I’m told the only reason his name is not uty staff director for the House Armed Serv- They may be hungry. But all in all, all 20,000 on that bill is because at the time he was too ices Committee. Paul Lewis is here today, are a happy lot. Chairman Skelton and I junior a U.S. congressman. But historians general counsel to the House Armed Services were out on the portico and watched Old say that it was largely his commitment to Committee, and Will Ebbs is here as a profes- Glory being raised up over Marine Barracks the bill that helped carry it across the finish sional staff member and a close personal Washington, and a lone bugler played. And I line. friend of the United States Marine Corps. was standing there alongside the chairman Chairman Skelton is known throughout General Joe Dunford, Assistant Com- and thinking, what is it about Marines that the military as the father of professional mandant of the Marine Corps and his bride they find solace in something as heart- military education. Our own Marine Corps Ellyn are with us. Sergeant Major Carlton warming as raising the American flag? University exists down at Quantico in its Kent, sitting at the head table, Sergeant I thought about it and I came to the con- current form almost singularly due to the Major of the Marine Corps; the current first clusion that there really are about three support of Chairman Skelton. It exists with lady of the Marine Corps, my lovely bride things that live in the soul of every U.S. Ma- a robust staff, professorships, research capa- Bonnie, sitting next to the chairman and a rine. They’re almost spiritual in nature. I’m bility, all because of your efforts, Chairman. host of fellow general officers from around not talking about Baptist or Catholic or You have always recognized the importance the national capital region are all here. Jewish. I’m talking about that sense of spirit of a thinking officer corps. Welcome on this radiant morning as we that resides in a force such as the United His prescience is paying huge dividends gather to pay tribute to a national hero, an States Marine Corps. These spiritual things throughout the world today, as we continue all-around friend to men and women from all define who we are and they define and help to fight a complex and adaptive enemy in branches of service, but in particular, to the explain, to some measure, why we’ve been some of the world’s toughest spots, all with United States Marine Corps. able to do the many things the Marine Corps the keenly educated minds of our young men I’m keenly aware of the chairman’s adher- has done over its 235 years of service to our and women. He has been a leading voice in ence to punctuality during committee hear- nation. seeing the fight through in Afghanistan. Be- ings, having testified before him more than First, all Marines have a love of country. fore it was popular, he recognized the impor- one or two times. So before he puts down the It’s at their core; it’s at their very roots. tance of a stronger military presence in Af- gavel on me, I’ll call the chaplain up, we’ll They believe in the ideals of our nation and ghanistan, knowing that failure would only ask for grace and then we’ll be on for break- they feel it’s their duty as a citizen to serve strengthen the resolve of a vicious ideology. fast, and I’ll join you after breakfast. Bon this country in some capacity. They chose Chairman Skelton is no stranger to the ´ appetit. the Marine Corps over other options. We U.S. Marine Corps. Each year since 2001, AFTER BREAKFAST REMARKS didn’t join them; they joined us. when U.S. Marines from Task Force 58—5,000 [Someone asked me], ‘‘How do you like Second, Marines are willing to sacrifice in strong—made their debut in Afghanistan, your new job?’’ And I think I’ve been in it service to our country and in service to their and throughout the many long years in Iraq, about six weeks. I said, ‘‘Oh, it’s great. fellow Americans—through frequent deploy- Chairman Skelton travelled to theater over There’s nothing going on here, just JSF, ments, through separation from family and over again to speak and spend time with EFV, ‘don’t ask, don’t tell’—among a few members and a willingness to give their life men and women from all services, but in par- other things.’’ for their country and their fellow Marines. ticular to his Marines, always ready to pro- Speaking of ‘‘don’t ask, don’t tell,’’ I This is the life of a U.S. Marine. vide help in any way possible. talked to Admiral Willard yesterday, who is Finally, a commitment to a higher call- He is equally comfortable talking to a the PACOM commander out at Camp Smith ing—a calling that is larger than themselves, lance corporal, a machine gunner, or a three- in Hawaii, and we were talking about some that binds them and all Marines together. star general. And if you asked him this

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 22985 morning, he would probably tell you he’d U.S. Congressman, but, in particular, the special occasion. He will be severely missed rather talk to the lance corporal. And I can’t Chairman. on the Board, but his presence will still be felt say I blame him. Sir, you have loved your Marines. You by those who continue to serve. I hope he en- For those of you who don’t know, Chair- have loved our men and women. And we are man Skelton is a military history buff. He is very, very grateful for all that you have done joys doing the things he loves most like particularly fascinated with the World War for us. It is our pleasure and our honor to spending time with his family, hunting, II Pacific campaign, so much so that on a make you a United States Marine. snowmobiling, volunteering and traveling. His trip last year through the Pacific region— f service to the citizens of Lapeer County, the many of you that are here having breakfast State of Michigan and our Nation is officially with us this morning were on that trip—he COMMEMORATING THE RETIRE- recognized and greatly appreciated. made a point to schedule a stop on the island MENT OF LAPEER COUNTY of Iwo Jima, where he laid a wreath at the BOARD OF COMMISSIONERS f memorial on Mount Suribachi. CHAIRMAN DAVID TAYLOR He has been previously honored by the Ma- HONORING THE SERVICE AND rine Corps on three different occasions. He is DEDICATION OF BILLY G. SMITH the 1994 recipient of the Marine Corps Uni- HON. CANDICE S. MILLER versity’s Chapman Medallion, honoring his OF MICHIGAN efforts to enhance professional military edu- IN THE HOUSE OF REPRESENTATIVES HON. BART GORDON cation in our Corps. He is a 2001 recipient of OF TENNESSEE Friday, December 17, 2010 the Marine Corps Semper Fidelis Award, IN THE HOUSE OF REPRESENTATIVES honoring his leadership and support of the Mrs. MILLER of Michigan. Madam Speaker, Friday, December 17, 2010 United States Marine Corps. He is an hon- it is my pleasure to recognize the dedicated orary graduate of Marine Corps Command Mr. GORDON of Tennessee. Madam and Staff College. public service of Lapeer County Board of I spoke earlier of the three almost spir- Commissioners Chairman David Taylor. On Speaker, I rise today to recognize Billy G. itual things that embody a U.S. Marine: love December 31, 2010, David will retire after 14 Smith for his contributions to the Sixth Con- of country, willingness to sacrifice, commit- years as a Member of the Board. He has been gressional District of Tennessee. As any mem- ment to something larger than themselves. Chairman since 1999, leading Lapeer County ber of Congress knows, our legislative Ladies and gentlemen, Ike Skelton has all for over an entire decade. Despite the various achievements and successful constituent serv- three of these characteristics in spades. Thus challenges and economic difficulties across ices programs would not be possible without a it is fitting and appropriate that we recog- the State of Michigan, Chairman Taylor has cadre of great staff working behind the nize him for his unyielding support and devo- scenes. Throughout my time in Congress, I tion to corps and country. remained resilient and has kept the county on Chairman, today you join your father, who the right path—always working to serve the have been fortunate to have many bright, able was a Navy man. You join your son Jim, who best interests of the people he has had the staff members with an interest in serving their is an Army colonel, and your son Ike, who is privilege to represent. country by working in this body. Today, I’d like a Navy captain. And as a proud member of David’s decision to run for County Commis- to single out someone who has accomplished the U.S. military, you join them today in the sioner came in 1997. But before this, he an amazing feat that deserves recognition, ap- ranks. And now, sir, you have true family brought with him a unique background and plause, and perhaps, a test of his sanity; in- bragging rights on all of them because you’re credibly, Billy G. has been a part of my staff about to become a member of the world’s fin- perspective to help in his new role as leader est fighting force. of the Board of Commissioners. Chairman for all of my 26 years in Congress. In the 235-year history of the United States Taylor was born in Pontiac; he worked on his Billy and I have worked together since my Marine Corps, only 73 other Americans have family farm in Dryden. Later, he was employed first campaign for Congress in 1984. In the been awarded the title honorary Marine. It for 30 years at the General Motors Pontiac Upper Cumberland, Billy emerged as a man was established to reinforce the special bond Truck Plant. He then moved on to Metamora who could get things done. After the election, between Marines and the American people. Township and served as the Zoning Adminis- he became my field representative for the Finally, it was established in recognition of trator and was a delivery man for Champion area, and he has served my constituents there individuals who have distinguished them- ever since. My younger staff members fondly selves through noteworthy service to Corps Bus and Truck. and country. During his time as an elected official, Mr. say that Billy is old school, and, Madam Chairman, in honor of all that you stand Taylor has filled numerous committee spots Speaker, that’s just fine by me. Billy is an old for, in honor of all that you have accom- and other posts to help move Lapeer County soul of the Upper Cumberland — a man who plished, and in honor of all that you have forward and to create a brighter future for the knows his neighbors, memorizes the best fish- done for the United States of America and next generation to follow. He has been a shin- ing holes, and earns his community’s trust. its Marine Corps, you are, without question, ing example of strong leadership and has pro- To say Billy has deep roots in the Upper deserving of the title of United States Ma- vided solid vision for Lapeer County. Cumberland would be an understatement. As rine. Chairman, will you please join me up front? It has been my privilege to work with him on a boy, Billy helped his father work the farm a vast array of issues that are vital to Lapeer with mules instead of a tractor. He served as CITATION County during my role as a federal legislator. Putnam County Sherriff in the 1970s and has To all who shall see these presents greet- worked as a police officer, a factory foreman, ings, know ye that reposing special trust and David has been a tremendous partner, friend confidence in the patriotism, fidelity and and asset to my office. He is always looking managed food and beverages for a hotel, abilities of the Honorable Ike Skelton, I do to improve the quality of life for all residents opened a restaurant called Billy G’s, and appoint him an honorary Marine of the and discovering new ways to make Lapeer rented out a building complex. He knows ev- United States Marine Corps for his County a wonderful place to live, raise a fam- eryone there is to know and is an institution unyielding support and devotion to Corps ily and work. unto himself. and country. In testimony thereof, I, General I commend Chairman Taylor for all his ef- In his 26 years as my field representative, James F. Amos, Commandant of the Marine forts and personal sacrifice during his tenure Billy has helped thousands of constituents Corps, have hereunto inscribed my name. on the Board. I know David will always have who have come to my office on the court- Done in the city of Washington, this first day of December, in the year of our Lord two Lapeer County’s best interests at heart which house square in Cookeville. He has warmly thousand ten, and in the 235th year of the is evident by his charity work. We fully know received individuals, families and business independence of the United States of Amer- and understand that we are not doing our job owners looking for assistance with a federal ica. if we do not provide a better future for our chil- agency. He has ensured countless people re- You have plenty of things hanging in your dren . . . and their children. David’s work with ceived the Social Security and veterans bene- office, and I’d appreciate it if you’d take [one the Shriners International and their Motorcycle fits they deserve. He has heard the concerns of] them down [to make room for this cita- Drill Team is just one of the many examples and touched the lives of many families in need tion]. But this is your certificate of being a United States Marine. Chairman, you are of how Mr. Taylor is committed to his commu- of help, and he has always kept me informed loved by those 202,000 Marines that are on ac- nity and those who will eventually take the of the needs of my constituents in Clay, Jack- tive duty and the hundreds of thousands that reigns as leaders. son, Putnam, Overton and Smith counties. have had your fingerprints on them over the Therefore, Madam Speaker, I want to ex- Just this year, he found himself trying to help last many years that you’ve been not only a tend my best wishes to David Taylor on this constituents who had lost property in the wake

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22986 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 of damaging floods. He could easily sym- tive stature, but Little Jimmy the renowned en- DIANE WATSON pathize; his own childhood home also was se- tertainer and Grand Ole Opry star, stands tall- verely damaged in the storm, but Billy was still er than the rest. HON. BARBARA LEE in the office ready to help anyone he could. Jimmy Dickens was the first of thirteen chil- OF CALIFORNIA In all his time working for me and the resi- dren born to a West Virginia farming family IN THE HOUSE OF REPRESENTATIVES dents of the Upper Cumberland, Billy has and knew from a young age that he wanted to Friday, December 17, 2010 never taken a full vacation, so it may come as write and sing country music. He first ap- no shock to many that Billy has made plans to peared on local radio in the 1940s under the Ms. LEE of California. Madam Speaker, on go into business for himself once again. Most name ‘‘Jimmy the Kid’’ where he began build- behalf of the Congressional Black Caucus, it is folks who had such accomplished careers ing his reputation as the master of the country with great pleasure and pride that I extend my would already be well into retirement, but Billy novelty song. Some of his early hits include best wishes and congratulations to Congress- will be continuing on with his work as a small woman DIANE WATSON, as she prepares to re- ‘‘Take an Old Cold Tater (And Wait)’’ (1949), business owner. tire from the United States Congress. ‘‘I’m Little But I’m Loud’’ (1950), ‘‘Country Boy’’ A constituent once knitted a sign that hung A former elementary school teacher and (1949), and ‘‘A-Sleeping at the Foot of the above Billy’s desk that read, ‘‘I am just a no- school psychologist, Congresswoman WATSON Bed’’ (1950). body, trying to help somebody.’’ Billy was fond has lectured at both California State Univer- of telling this to folks who came to my office In 1948, Roy Acuff heard Jimmy and invited sities at Los Angeles and Long Beach. In for assistance. It reassured them that he was him to perform on the world-famous Grand 1975, she became the first African-American there to help, and it let them know their con- Ole Opry stage at the Ryman Auditorium. Lit- woman to be elected to the Los Angeles Uni- cerns were important to him, and to me. tle Jimmy was an immediate favorite not only fied School District Board of Education. She Madam Speaker, it is that generosity and hu- for his unforgettable songs, but also for his led efforts to expand school integration and mility that have made him a friend to so many flamboyant style and country sense of humor. improve academic standards. and such a valuable colleague to me. Billy has He became a permanent member of the For almost 20 years, Congresswoman WAT- been a dedicated public servant, a trusted Grand Ole Opry in 1948, and recently cele- SON served in the California State Senate friend and an unstoppable force of nature. brated his 60th anniversary as the longest- where she was the first African-American Billy, thank you for all of your help over the tenured Opry member of all time. woman to serve in that body. She became a years. I wish you all the best in the future. Little Jimmy was signed to his first major statewide and national advocate for health f label, Columbia Records, the same year he care, consumer protection, women, and chil- dren. During her tenure in Sacramento, she PERSONAL EXPLANATION became an Opry Member. It was at that time that Dickens formed the band the Country served as chair of the Senate Health and Boys, whose line-up included top-flight musi- Human Services Committee and as a member HON. CAROLYN McCARTHY cians Jabbo Arrington, Grady Martin, Bob of the Judiciary Committee. OF NEW YORK Moore, Buddy Emmons and Thumbs Carllile. Congresswoman WATSON retired from the IN THE HOUSE OF REPRESENTATIVES Dickens had a number of hits with the Country State Senate in 1999 when she was appointed by President William Jefferson Clinton to serve Friday, December 17, 2010 Boys, though none bigger than ‘‘May the Bird of Paradise Fly Up Your Nose’’ (1965), which as the United States Ambassador to the Fed- Mrs. MCCARTHY of New York. Madam reached number one on the country charts erated States of Micronesia. As Ambassador Speaker, I was unavoidably absent on Decem- and hit the pop charts, as well. Little Jimmy to Micronesia, she represented our country in ber 16, 2010. If I was present, I would have holds the unique distinction of having hit a magnificent way and has throughout her ca- voted on the following: records in every decade from the 1940s to the reer demonstrated her mastery of foreign pol- On Motion to Adjourn—rollcall No. 639— 1970s. icy. She is truly an international leader. Dr. ‘‘nay’’. WATSON served in this capacity until 2001 S. 841, Pedestrian Enhancement Safety Act But Little Jimmy Dickens’ music is only part when she returned to California to run for of 2010—rollcall No. 640—‘‘yea’’. of his story and only part of what makes him Congress in a special election after the death S. 3860, To Require Reports on the Man- just as popular today as when he first burst of Congressman Julian Dixon. agement of Arlington National Cemetery—roll- onto the country music scene over 60 years An exceptional public servant, Congress- call No. 641—‘‘yea’’. ago. He is quick with a joke and he is kind- woman WATSON has demonstrated a remark- S. 3447, Post 9/11 Veterans Educational hearted. He always has time for his fans and able commitment to improving the human con- Assistance Improvements Act of 2010—rollcall often spends hours signing every last auto- dition, throughout her long and distinguished No. 642—‘‘yea’’. graph after a show. In an ever-changing music career. A commonsense legislator and a pas- H. Res. 1766, Agreeing to the Amend- industry, Little Jimmy is a constant presence sionate advocate for justice, she has master- ment—rollcall No. 643—‘‘aye’’. and a reminder that sometimes nice guys fin- fully used her vote and voice in the United H. Res. 1766, Agreeing to the Resolution, ish first. States House of Representatives. as Amended—rollcall No. 644—‘‘aye’’. Jimmy has long been adored by his country The Congressional Black Caucus honors S. 987, International Protecting Girls by Pre- music colleagues as well, whether it be fellow and salutes Congresswoman WATSON for her venting Child Marriage Act of 2010—rollcall legends like the late Hank Williams (who nick- legacy of service to the residents of Califor- No. 645—‘‘yea’’. named Jimmy, ‘‘Tater’’) or modern-day super- nia’s 33rd Congressional District and to the H.R. 4853, Levin of Michigan Amendment— star, Brad Paisley (who Jimmy often performs global community. We will miss her in the rollcall No. 646—‘‘aye’’. with). It is this adoration that earned him a halls of Congress and in the ranks of the H.R. 4583, Motion to Concur in the Senate spot in the Country Music Hall of Fame nearly CBC. We wish her well as she opens the next Amdt to the House Amdt to the Senate 30 years ago. chapter of her life, we celebrate her leader- Amdt—rollcall No. 647—‘‘aye’’. Jimmy is celebrating his 90th year as any- ship, and thank her for her friendship. f one who knows him might guess he’d cele- f LITTLE JIMMY DICKENS brate it—by entertaining his fans with good HONORING THE SERVICE AND country music and humor. He’s even worked DEDICATION OF CAROLINE DIAZ- his age into his act. ‘‘You’ll know you’re 90- BARRIGA HON. JIM COOPER years-old,’’ Jimmy tells his fans, ‘‘when you OF TENNESSEE drop something, bend over to pick it up, and IN THE HOUSE OF REPRESENTATIVES think to yourself, ‘is there anything else I can HON. BART GORDON Friday, December 17, 2010 do while I’m down here? ’’ OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES Mr. COOPER. Madam Speaker, today I rise And so, Madam Speaker, it is my privilege to honor James Cecil Dickens, better known to ask my colleagues to join me in saluting Lit- Friday, December 17, 2010 as Little Jimmy Dickens, on the occasion of tle Jimmy Dickens—an icon, a legend, and a Mr. GORDON of Tennessee. Madam his 90th birthday. He may be a man of diminu- global ambassador to country music. Speaker, I rise today to recognize Caroline

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Yet Mr. LUETKEMEYER. Madam Speaker, I ask staff members with an interest in serving their safe access to and movement around these my colleagues to join me in congratulating country by working in this body. Today, I’d like sites are compromised by severe and chronic MidwayUSA for receiving the prestigious Mal- to single out those who are serving my con- underfunding and irrational provisions in cur- colm Baldrige National Quality Award. Earlier stituents as my tenure comes to a close. rent law. this week representatives from MidwayUSA Caroline has served as my field representa- traveled to Washington, DC, to accept the The state of park transportation systems is tive for Sumner and Robertson counties since award. joining my office in 2002. She had previously deplorable. A recent assessment by the Na- MidwayUSA is a family-owned, catalog/ worked for my colleague Congressman Bob tional Park Service, NPS, found that 90 per- Internet-based retail merchant that offers Clement when Robertson County was a part cent of the park roads are in poor or fair con- shooting, reloading, gunsmithing, and hunting of his district. After he left the House to pursue dition. This compares with 14 percent for products. Retail customers represent 90 per- other endeavors and Robertson County was major rural roads in the overall federal-aid cent of the firm’s total business at its two Co- added to my district, Caroline was a natural highways system. One person is killed or in- lumbia, Missouri locations, with dealers and choice to run my new offices in Gallatin and jured on a park road every 4.5 hours. If the international customers making up the remain- Springfield. Her presence there has allowed National Park System were a State, it would ing 10 percent. More than 95,000 different me to better serve my constituents in the rank 13th highest for road fatalities and inju- products from more than 700 vendors are dis- northwestern part of my district over these last ries among all the States. tributed by the company, which employs 243 nine years. She is an integral player in both full-time and 100 part-time workers. counties, attending city council sessions, civic The NPS received $240 million in FY2010 Named after Malcolm Baldrige, the 26th club meetings, and Chamber of Commerce through the Park Roads and Parkways pro- Secretary of Commerce, the Baldrige Award lunches. gram to build, repair, and rehabilitate roads was established by Congress in 1987 to en- In her many years in public service, Caro- and bridges, less than a third of what the NPS hance the competitiveness and performance line has helped countless constituents who estimates it needs to provide safe and efficient of U.S. businesses. The award promotes ex- have come to my office for assistance. She access for visitors. My legislation would dou- cellence in organizational performance, recog- has warmly received individuals, families and ble the annual funding to accelerate the retire- nizes the achievements and results of U.S. or- business owners looking for assistance with a ment of the growing road repair backlog now ganizations, and publicizes successful per- federal agency. She has ensured hundreds of formance strategies. The award recipients estimated at $4.9 billion. residents received the Social Security and vet- were selected from a field of 70 applicants. All erans benefits they deserve. She has heard The poor state of park roads is not caused of the applicants were evaluated rigorously by the concerns and touched the lives of many by insufficient funding alone. Under current an independent board of examiners in seven families in need of help, and she has always law, Federal highway funds can be used for areas: leadership; strategic planning; customer kept me informed of the needs of my constitu- reconstruction and rehabilitation, but not for focus; measurement, analysis and knowledge ents. At times, she has found herself playing regular maintenance that would help extend management; workforce focus; process man- unusual roles, especially during the too-fre- the life of the roadway and preserve tax- agement; and results. The evaluation process quent tornado outbreaks that have occurred in payers’ investment. Consequently, mainte- for each of the recipients included about 1,000 Middle Tennessee. When a tornado struck hours of review and an on-site visit by a team nance of roads and bridges is deferred until Gallatin in 2006, Caroline’s office in the base- of examiners to clarify questions and verify in- they have deteriorated to the point where they ment of the Sumner County Courthouse be- formation in the applications. Since 1988, 80 came a place of refuge as residents huddled qualify for major rehabilitation or reconstruc- organizations have received Baldrige Awards. together to comfort each other and share cell tion, at far greater expense. Visitors are put at I am extremely proud that MidwayUSA has phones to check on loved ones’ safety. risk when they try to drive around potholes joined this exclusive list. Madam Speaker, working with Caroline that pock our park roads. My legislation would Small businesses create jobs and spur eco- these past eight years has been a pleasure. make regular maintenance of park roads eligi- nomic growth, and I am extremely proud that No matter what challenges are thrown her ble for federal highway funding. Columbia’s MidwayUSA has been recognized way, she always manages to maintain a for productivity and quality at a time when our As our national parks become increasingly cheerful, positive attitude. She is a dedicated economy is struggling. This kind of success is crowded, alternative transportation systems public servant, a great help to me and a pillar yet another example of the key role that Mis- of the community. are being relied upon to a much greater extent souri’s small businesses play in the state and Caroline, thank you for all of your help over to help move visitors around. Unfortunately, national economies. the years. I wish you, David and your family that program is also severely underfunded. A I would like to take this time to commend all the best. third major focus of my bill would raise the an- MidwayUSA for all their hard work, and I ask f nual funding level for the Federal public lands that my colleagues join me in recognizing transit program from the current $24 million to MidwayUSA for a job well done. INTRODUCTION OF THE TRANS- f PORTATION INFRASTRUCTURE $100 million, with 60 percent of it being tar- IMPROVEMENTS ON FEDERAL geted for qualified projects in national parks. IN HONOR OF KURT CZARNOWSKI LANDS ACT OF 2010 Visitors from throughout our country and FOR HIS 34 YEARS OF DEDI- around the world are discovering the natural, CATED PUBLIC SERVICE WITH HON. MAZIE K. HIRONO cultural, and historic wonders that are em- THE SOCIAL SECURITY ADMINIS- OF HAWAII bodied in our national parks. Their experience TRATION IN THE HOUSE OF REPRESENTATIVES should not be diminished, and their safety cer- Friday, December 17, 2010 tainly should not be placed at risk, while they HON. STEPHEN F. LYNCH visit our national parks. I urge you to join me OF MASSACHUSETTS Ms. HIRONO. Madam Speaker, I rise to in- in sponsoring this legislation to improve visitor IN THE HOUSE OF REPRESENTATIVES troduce a bill that will significantly improve traf- fic safety and mobility in our national parks safety and enjoyment of our parks through im- Friday, December 17, 2010 and other public recreational lands through in- proved maintenance and management of its Mr. LYNCH. Madam Speaker, I rise today in creased funding and expanded authorities. I transportation systems. honor of Kurt Czarnowski in recognition of his

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22988 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 34 years of dedicated public service with the mittee on Science and Technology. Undoubt- with the Library of Congress in encouraging Social Security Administration. edly, her training as a teacher of small chil- the population to read. Kurt was raised in the town of Weston, Mas- dren helped her in each task too, whether it Fostering the joy of reading is a valuable sachusetts, by his proud parents Edward and was coordinating events, working with report- goal. Living in the digital age does not mean Alisca Czarnowski and for the past 27 years, ers or herding cats on the Committee. Her we have forgotten the pleasure of reading the he has lived in Norfolk, Massachusetts, with Tennessee roots have helped kept her printed text. Reading broadens our minds to his wife Anne, their daughter Amy, and son grounded and her respect and dedication to new possibilities, new worlds, new people and Brian. her community has been apparent throughout. new ideas. The future is based on our ability Kurt graduated from Hamilton College earn- In October 2009, Julie became Chief of to read, digest information and pioneer innova- ing a B.A. degree and then worked as a sub- Staff to my Washington office. It’s a position tive ideas. Formal education in the classroom stitute teacher while pursuing his education, that requires enormous responsibility and should be supplemented by self-education. earning a Master’s degree in Public Adminis- trust, and Julie took to the job easily. Urging more people to read also improves tration at Northeastern University. Madam Speaker, Julie is exactly the kind of our literacy rate. A literate population is nec- Kurt began his Social Security Administra- lieutenant you’d want to have in your foxhole. essary to guarantee greater educational op- tion career in 1976 as a Claims Representa- She can take a tough assignment, turn on a portunities, foster life-long learning, jobs, and tive in Framingham, Massachusetts. He was dime and put it into action. She is a natural as underpins our democracy because elected of- selected for the agency’s Management Intern a manager and mentor and has the absolute ficials depend on an informed citizenry to Program in 1979 and subsequently worked his devotion of my staff. She has good political in- make decisions. way through the management ranks, serving stincts, which have always been appreciated. I admire and am thankful of the efforts as Programs Analyst, District Manager, Dep- Under pressure, she keeps up a great pres- made by the Library of Congress to promote uty Assistant Regional Commissioner, and ence of mind and sense of humor. And appar- the wonder of words. Area Director. After holding a number of key ently, quick reflexes. (As The Tennessean was f positions in the area of public relations, Kurt proud to report after a false-alarm lockdown in became the Regional Communications Direc- Rayburn House Office Building, Julie Eubank HONORING MRS. TERRI ALFORD tor in May 2000. ‘‘doesn’t mess around.’’) When reflecting on a lifetime of good works, All of her qualities have been put to the test HON. PATRICK J. KENNEDY Kurt counts as his greatest achievements his during her time as my Chief of Staff. She has OF RHODE ISLAND 38 years of marriage to his wife Anne and helped the office shift gears from preparing for IN THE HOUSE OF REPRESENTATIVES raising their two children, Amy and Brian, as a reelection fight to transitioning into retire- Friday, December 17, 2010 well as his 34 years of public service with the ment. She has been there through difficult Social Security Administration. floor fights and popped champagne after hard- Mr. KENNEDY. Madam Speaker, I rise Madam Speaker, it is my distinct honor to won victories. today to honor the service of Mrs. Terri Alford take to the floor of the House today to join Madam Speaker, I have been honored that to the U.S. House of Representatives. For 16 with his family, friends and contemporaries to Julie has dedicated so much of her profes- years Mrs. Alford has approached her service thank Kurt Czarnowski for his dedicated serv- sional career—so far—to me and my constitu- to the Congress with a professionalism, dedi- ice to the United States of America. I urge my ents. My colleagues in Tennessee and I are cation, and joy that has inspired hundreds of colleagues to join me in recognizing Kurt all extremely proud of her accomplishments. I staff and interns and undoubtedly improved Czarnowski for his dedicated public service. look forward to following her next endeavors. the institution of Congress itself. Mrs. Alford’s f Julie, I can’t thank you enough for your loy- patriotism, love of the arts, and good humor alty through the years. I wish you all the best. enlivened the U.S. House of Representatives, HONORING THE SERVICE AND f and her infectious enthusiasm and good na- DEDICATION OF JULIE EUBANK ture were a gift for all who had the pleasure H. RES. 1646 CELEBRATING THE of working with her. As Mrs. Alford prepares HON. BART GORDON NATIONAL BOOK FESTIVAL for retirement to spend more time with her OF TENNESSEE husband, children, and grandchildren, we IN THE HOUSE OF REPRESENTATIVES HON. CHARLES B. RANGEL thank her for her dedicated service and wish her all the best in her future endeavors. Friday, December 17, 2010 OF NEW YORK IN THE HOUSE OF REPRESENTATIVES f Mr. GORDON of Tennessee. Madam Speaker, I rise today to recognize Julie Friday, December 17, 2010 PERSONAL EXPLANATION Eubank for her contributions to the Sixth Con- Mr. RANGEL. Madam Speaker, I rise today gressional District of Tennessee. As any mem- to praise the dedicated commitment of the Li- HON. CATHY McMORRIS RODGERS ber of Congress knows, our legislative brary of Congress to the promotion of reading OF WASHINGTON achievements and successful constituent serv- through its sponsorship of the National Book IN THE HOUSE OF REPRESENTATIVES ices programs would not be possible without a Festival. I warmly commend Representative Friday, December 17, 2010 cadre of great staff working behind the DANIEL LUNGREN for taking the initiative to in- scenes. Throughout my time in Congress, I troduce H. Res. 1646. Mrs. MCMORRIS RODGERS. Madam have been fortunate to have many bright, able The National Book Festival occurred on Speaker, on rollcall No. 631 on, H.R. 5446, staff members with an interest in serving their September 25, 2010, in Washington, DC. On Motion to Suspend the Rules and Pass, country by working in this body. Today I would President Obama and Michelle Obama served To designate the facility of the United States like to single out Julie Eubank, my Chief of as honorary chairs for the important event. Postal Service located at 600 Florida Avenue Staff in Washington. Nearly one million people over the past dec- in Cocoa, Florida, as the ‘‘Harry T. and Har- Julie attended high school in Smyrna and ade have attended. This year, approximately riette Moore Post Office’’, I am not recorded attended my alma mater, Middle Tennessee 150,000 bibliophiles gathered together to meet because I was absent because I gave birth to State University. She graduated with a degree the 70 best-selling authors in attendance. my baby daughter. Had I been present, I in Elementary Education, but one fateful in- I am proud that the New York State Library, would have voted ‘‘yea.’’ ternship with my Murfreesboro office changed New York Council for the Humanities and the Madam Speaker, on rollcall No. 632 on, H. her course forever. She was drawn into poli- Empire State Center for the Book partnered Res. 1759, On Motion to Suspend the Rules tics and, with few interruptions, Julie has been together to display New York’s rich literary and Agree, Expressing support for designation a member of my team ever since. She has heritage in the Pavilion of the States at the of January 23rd as ‘‘Ed Roberts Day’’, I am worn many hats in her time with my office. National Book Festival. New York author, Re- not recorded because I was absent because I She began as an intern in 2002 and since becca Stead, also autographed copies of her gave birth to my baby daughter. Had I been then has served as my scheduler and execu- 2010 Newbery Award-winning book, When present, I would have voted ‘‘yea.’’ tive assistant, communications director, and as You Reach Me. New York’s involvement at the Madam Speaker, on rollcall No. 633 on, S. the member services coordinator for the Com- mall demonstrated a common commitment Con. Res. 72, On Motion to Suspend the

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 22989 Rules and Agree, A concurrent resolution rec- ships across the state. More and more, he has As my term as Chairman comes to a close, ognizing the 45th anniversary of the White become a true heavyweight in the state’s polit- I would like to take a few moments to recog- House Fellows Program, I am not recorded ical scene. nize these dedicated professionals as they because I was absent because I gave birth to He has worked with the business commu- move on to new challenges and opportunities. my baby daughter. Had I been present, I nity to ensure my office does all it can to nur- Stacie Soumbeniotis Tiongson has served would have voted ‘‘yea.’’ ture economic growth and facilitate job cre- on this Committee for over 11 years, first as Madam Speaker, on rollcall No. 634 on, ation. He has been my liaison with local gov- the Staff Director of the Aviation Sub- H.R. 6205, On Motion to Suspend the Rules ernments and Chambers of Commerce. He committee and then as Deputy Chief Counsel and Pass, ‘‘Private Isaac T. Cortes Post Of- has worked hard, logged miles with me in of the full Committee. As Staff Director of the fice’’, I am not recorded because I was absent every corner of the Sixth Congressional Dis- Subcommittee, Stacie was responsible for because I gave birth to my baby daughter. trict, and led major meetings and events in all managing all legislation, hearings, markups Had I been present, I would have voted ‘‘yea.’’ 15 counties. He knows what’s happening on and all other activities covering civil aviation. Madam Speaker, on rollcall No. 635 on, H. the ground in every community, and he has She has been intimately involved in the plan- Res. 1764, On Agreeing to the Resolution, been my eyes and ears to let me know how ning and drafting of several landmark aviation Providing for consideration of the Senate folks at home feel about what’s going on in bills, including the Aviation and Transportation amendment to H.R. 2965, I am not recorded Washington. Security Act of 2001 and the Air Transpor- because I was absent because I gave birth to Mike is loyal, talented and possesses excel- tation Safety and System Stabilization Act to my baby daughter. Had I been present, I lent judgment. I have been extremely lucky to secure our skies after the September 11th ter- would have voted ‘‘nay.’’ keep him on the team for the better part of rorist attacks. Madam Speaker, on rollcall No. 636 on, H. two decades, and I have appreciated his dedi- During the last two years, as Deputy Chief Res. 1761, On Motion to Suspend the Rules cation and friendship over the years. My staff Counsel, she participated in the oversight and and Agree, Congratulating Auburn University and I have enjoyed hearing about his scuba management of all activities of the Committee quarterback and College Park, Georgia, native diving adventures, his love of virtually every and its six Subcommittees, focusing on issues Cameron Newton on winning the 2010 comedy made in the 1980s, and the trials and related to highways, aviation, rail, Coast Heisman Trophy for being the most out- triumphs of his beloved Tennessee Vols. Guard, and economic development, as well as standing college football player in the United Madam Speaker, I could not have accom- advising on legal and legislative issues regard- States, I am not recorded because I was ab- plished half of what I did without Mike’s hard ing Committee jurisdiction. I want to express my heartfelt thanks to Jen sent because I gave birth to my baby daugh- work. Mike, thank you for all your help and Walsh for her six years of service as Legisla- ter. Had I been present, I would have voted loyalty over these many years. I wish you and tive Assistant to the Committee. Jen’s keen in- ‘‘yea.’’ Lisa all the best. tellect and professionalism, combined with her Madam Speaker, on rollcall No. 637 on, H. f warmth and ever-present smile, have served Res. 1743, On Motion to Suspend the Rules me and all of the Committee members, both and Agree, as Amended, Congratulating OUR UNCONSCIONABLE NATIONAL Democrats and Republicans, well over the Gerda Weissmann Klein on being selected to DEBT years. I am especially grateful for her service receive the Presidential Medal of Freedom, I as my liaison with the staff of the Democratic am not recorded because I was absent be- HON. MIKE COFFMAN Members of the Committee. Jen has shown a cause I gave birth to my baby daughter. Had OF COLORADO remarkable ability to communicate complex I been present, I would have voted ‘‘yea.’’ IN THE HOUSE OF REPRESENTATIVES subject matter in an understandable format to Madam Speaker, on rollcall No. 638 on, Friday, December 17, 2010 the Members, and has been invaluable in en- H.R. 2965, On Motion to Concur in the Senate suring that all the Members and staff of the Mr. COFFMAN of Colorado. Madam Speak- Amendment with an Amendment, Don’t Ask, Committee are well prepared and informed to er, today our national debt is Don’t Tell Repeal Act of 2010, I am not re- carry out the responsibilities for which we $13,878,837,351,150.62. corded because I was absent because I gave serve. She is a shining example of the hard- On January 6th, 2009, the start of the 111th birth to my baby daughter. Had I been working professionals that serve, often thank- Congress, the national debt was present, I would have voted ‘‘nay.’’ lessly, behind-the-scenes to ensure that this $10,638,425,746,293.80. f Committee and this Congress are able to This means the national debt has increased meet the needs of the Nation. HONORING THE SERVICE AND by $3,240,411,604,856.82 so far this Con- DEDICATION OF MICHAEL TERRY Bradley Watson has served with the Com- gress. mittee since the end of the 110th Congress. This debt and its interest payments we are As a Staff Assistant, he has managed the HON. BART GORDON passing to our children and all future Ameri- front office with efficiency and professionalism. OF TENNESSEE cans. He has worked diligently in many areas under IN THE HOUSE OF REPRESENTATIVES f the Committee jurisdiction and has been a Friday, December 17, 2010 IN FURTHER RECOGNITION OF THE steadfast presence coordinating Committee SERVICE OF THE STAFF OF THE mark-ups and hearings. Bradley has been a Mr. GORDON of Tennessee. Madam versatile contributor and his research and Speaker, I rise today to recognize Michael COMMITTEE ON TRANSPOR- TATION AND INFRASTRUCTURE database abilities have served the Committee Terry for his contributions to the Sixth Con- well. gressional District of Tennessee. As any mem- Carson Gorecki, a fellow native of Min- ber of Congress knows, our legislative HON. JAMES L. OBERSTAR nesota, served as a Staff Assistant with the achievements and successful constituent serv- OF MINNESOTA Full Committee during the end of this 111th ices programs would not be possible without a IN THE HOUSE OF REPRESENTATIVES Congress. Starting his career with the Com- cadre of great staff working behind the Friday, December 17, 2010 mittee as an intern, he was soon hired full- scenes. Throughout my time in Congress, I time. Over the course of his time here, he has have been fortunate to have many bright, able Mr. OBERSTAR. Madam Speaker, in my 44 developed a deep grasp and appreciation of staff members with an interest in serving their years serving as a clerk, Administrator, Mem- transportation issues and legislation. country by working in this body. Today, I’d like ber, and finally Chairman of what is now the Carson played a key role in the production to single out Mike Terry, my field representa- Committee on Transportation and Infrastruc- of the monthly report on the American Recov- tive and political advisor and a dedicated pub- ture, I have had the opportunity to work with ery and Reinvestment Act, material that I con- lic servant. some of the finest staff on Capitol Hill. sider immensely helpful to me and other Mem- Mike joined my staff in 1993 after serving as Whether they are drafting legislation and bers. His hard work and humor were both wel- a clerk for the Tennessee State Senate. He managing hearings, or answering the phones come additions to the staff, and I express my brought to the position good political acumen, and copying documents, each member of the utmost gratitude for his contribution. a keen understanding of Middle Tennessee’s staff makes a vital contribution to the success John-Paul C. Hayworth is an outstanding values, and a strong network of good relation- of the Committee. member of the Oversight and Investigations

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22990 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 staff of the Committee. His integrity, energy, I and members of the Committee staff remain serving their country by working in this body. and innovative ideas have been a great asset up-to-date on issues under the Subcommit- Today, I’d like to single out those who are to the Committee and to my work. tee’s jurisdiction. serving my constituents as my tenure comes Mr. Hayworth’s time on the staff has proven Although his time with the Committee has to a close. his zeal for public service. His responsibilities been short, Lee Matsos has done an admi- For more than 15 years, Sean Gilliland has have enhanced his analytical skills to the ben- rable job as Staff Assistant for the Sub- been a dedicated and loyal field representative efit of us all. Recently, he concurrently as- committee on Water Resources and Environ- in my Murfreesboro office. He has spent sumed responsibilities with the Economic De- ment. Lee’s strong background in writing and countless hours traveling the district with me velopment, Public Buildings, and Emergency editing allowed him to contribute to the Com- and attending parades, open meetings and Management Subcommittee. Chair ELEANOR mittee’s national media coverage and con- events in every corner of the district. Sean HOLMES NORTON and the staff of the Sub- cisely summarize the critical weekly news works tirelessly on behalf of Middle Ten- committee have found him to be calm and col- within the Water Resources jurisdiction for the nessee’s veterans and their families, ensuring lected, but always with a vibrant sense of Committee Membership. Lee also served as they receive the benefits and assistance they humor and a smile, even in the unpredictable an able point of contact for witnesses testi- deserve, and helping them obtain the medals environment of the House. fying at the Subcommittee’s September 30th they earned during their service to our coun- Laurie Bertenthal has been a valued staff hearing on the Impact of Green Infrastructure. try. Over the years, Sean has helped me send member of the Committee for nearly four In addition, Lee managed the database con- the best and brightest young men and women years. Laurie started as a Staff Assistant for tent and the filing of project requests for the to our nation’s military service academies, the Oversight and Investigations staff, where expansive Water Resources Development Act filled in for me when my duties in Washington she supported groundbreaking Committee in- of 2010. He connected constituents to the leg- prevented me from attending an event or vestigations, including problems with the U.S. islative staff in an eloquent and professional meeting, and enabled me to better represent Coast Guard’s Deepwater Acquisition pro- manner. It is clear that Lee has a bright future the needs and interests of the people of the gram, and Southwest Airlines’ ‘‘cozy’’ relation- ahead of him, and we have been lucky to Sixth District. ship with the Federal Aviation Administration. have him on our staff. Sean’s career has been one of service, In 2008, Laurie became an integral member Madam Speaker, the essence of the legisla- whether at my office or in the community. He of the Aviation Subcommittee, first as Legisla- tive process is collaboration. Each individual serves on the Board of Directors of Main tive Assistant, and progressed to Professional member of the Committee on Transportation Street, Leadership Rutherford, the Staff. Laurie has worked on many important and Infrastructure staff has played a vital role Murfreesboro Youth Orchestra, the Rutherford matters pertaining to reauthorization of the in the work of the Committee these past four County Adult Activity Center, and others. He FAA and National Transportation Safety years, and, through collaboration and hard has also donated his time to many other civic Board. Additionally, Laurie played a key role in work, has made this Committee the most pro- committees, and is deeply involved in his the recently-enacted Airline Safety and Fed- ductive on Capitol Hill. church. It is fitting that Sean will leave govern- eral Aviation Administration Extension Act of I wish them all much success in whatever ment service to enter a new kind of public 2010, P.L. 111–216. Laurie employed her the future brings. service in the administration of the Primary strong research and legislative drafting skills f Care and Hope Clinic, a faith-based non-profit to craft a provision that will create a pilot that provides health care to the uninsured. records database, which will allow airlines to TRIBUTE ON THE BIRTH OF Madam Speaker, Sean is a loving father, a efficiently access pilot applicant records and HARRISON CLAY LAVENDER dedicated husband and an all-around good improve the safety of the flying public. person. I know that my busy weekend sched- Jeff Schnobrich has served the Committee HON. SPENCER BACHUS ules in Tennessee have led him to spend on Transportation and Infrastructure for two OF ALABAMA some Independence Day and other holiday years, first as an intern, later with the full IN THE HOUSE OF REPRESENTATIVES celebrations at official functions with me rather Committee staff, and finally as a Staff Assist- than with his wife, Anne, and daughter, Molly. Friday, December 17, 2010 ant with the Subcommittee on Highways and I appreciate the sacrifices they have made Transit. Mr. BACHUS. Madam Speaker, I am happy over the years. Jeff has shown himself to be a detail-ori- to congratulate Larry Lavender and his wife Sean, thank you for all your help and dedi- ented, dedicated member of my staff. From Kathryn on the birth of their new son, Mr. Har- cation over these many years. I wish you, the beginning, he showed an appreciation for rison Clay Lavender. Harrison was born on Anne and Molly all the best. the importance of an effective transportation December 16, 2010, at 11:14 in the morning. f system to the economic vitality of America. He I am excited for this new blessing to the soon became versed in the intricacies of both Lavender family and wish them all the best. BRAZIL HARBORS AMERICAN Federal transportation policy and Congres- f DAUGHTER sional procedures and processes. During his time, he helped lead the Committee’s effort to HONORING THE SERVICE AND HON. TED POE DEDICATION OF SEAN GILLILAND establish a database of Member-designated OF TEXAS projects, ensuring transparency and account- IN THE HOUSE OF REPRESENTATIVES ability. In all his tasks, he has been efficient, HON. BART GORDON Friday, December 17, 2010 reliable, and a pleasure to work with. I thank OF TENNESSEE Jeff for his years of service and wish him the IN THE HOUSE OF REPRESENTATIVES Mr. POE of Texas. Madam Speaker, Brazil best. is at it again. We thought they learned their Friday, December 17, 2010 Rose M. Hamlin has been a stalwart on the lesson in the case of Sean Goldman, but they Committee staff for 19 years. Mr. GORDON of Tennessee. Madam have not—as of 2009, there were still over 50 She began her service with the Sub- Speaker, today I rise to recognize Sean kidnapped children in Brazil, including Nicole committee on Water Resources where she es- Gilliland for his contributions to Tennessee’s Pate, the daughter of my constituent, Marty tablished herself as a dedicated and effective Sixth Congressional District. As any member Pate. office manager. In her years of working on the of Congress knows, our legislative achieve- I have come to this floor before to talk about Committee, she concurrently worked on Public ments and successful constituent services pro- the case of my constituent, Marty Pate. Marty Buildings, Coast Guard, and Oversight and In- grams would not be possible without a cadre lives in Crosby, Texas, and has not seen his vestigations. of great staff working behind the scenes. They daughter, Nicole, in 4 years. Her mother, Ms. Hamlin is now the Office Manager of work long hours—often for little pay or rec- Monica, is a native of Brazil. In 2006, she took the Subcommittee on Railroads, Pipelines and ognition—and their service is simply invaluable Nicole on a trip to Brazil and never came Hazardous Materials. She has played an in- to those of us who serve in this esteemed back. strumental role in the passage of several key chamber. Throughout my 26 years in Con- Legal documents from Texas give Marty pieces of legislation, coordinated dozens of gress, I have been fortunate to have many joint custody, and the Hague Convention re- hearings and markups, and has ensured that bright, able staff members with an interest in quires Brazil to work out visitation for Marty.

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 22991 Marty is not asking for his daughter to be re- INTRODUCTION OF THE ENFORC- The ENFORCE Act will help create that turned—though it is well within his rights to ING ORDERS AND REDUCING level playing field, supporting U.S. businesses ask for this. He is just asking to see his CUSTOMS EVASION (ENFORCE) and their employees. daughter and have her visit family in the ACT OF 2010 I urge my colleagues to support this bi-par- United States. tisan, pro-business, pro-American bill. ´ f Marty has gone above and beyond in trying HON. LINDA T. SANCHEZ to work with the government of Brazil. He has OF CALIFORNIA HONORING THE SERVICE AND even offered to drop the charges pending IN THE HOUSE OF REPRESENTATIVES DEDICATION OF JOE PATTERSON against his ex-wife if it would make a visit with Friday, December 17, 2010 Nicole easier. He has spent over $10,000 of Ms. LINDA T. SA´ NCHEZ of California. HON. BART GORDON his own money flying to and from Brazil count- Madam Speaker, today, joined by Representa- OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES less times to see Nicole. tives WALTER JONES and MARK CRITZ, I intro- But Brazilian officials have continued to duce the Enforcing Orders and Reducing Cus- Friday, December 17, 2010 stonewall and ignore their obligations under toms Evasion Act, or the ENFORCE Act. This Mr. GORDON of Tennessee. Madam the Hague Convention. They have allowed Ni- legislation is critical to improving our ability to Speaker, today I rise to recognize Joe Patter- cole’s mother to make a mockery of the enforce trade laws. son for his contributions to Tennessee’s Sixth Hague process, to file meaningless allegations This bill is about protecting American busi- Congressional District. As any member of nesses and the workers that keep those busi- and attempt to delay the process. So far, it’s Congress knows, our legislative achievements nesses thriving. and successful constituent services programs working. The Government of Brazil has let this Unfortunately, under current law, too many would not be possible without a cadre of great case linger for over a year without resolution. foreign producers flout our trade laws. Too staff working behind the scenes. They work A child’s welfare hangs in the balance. Ni- many ship mislabeled goods to the U.S. to long hours—often for little pay or recognition— cole Pate is caught between two worlds—liv- avoid paying legally imposed anti-dumping or and their service is simply invaluable to those ing with her mother in Brazil and not allowed countervailing duties. And they do this with im- of us who serve in this esteemed chamber. to see her father or her siblings back in the punity, rarely paying a price for their crimes. Throughout my 26 years in Congress, I have United States. But officials in Brazil don’t Many of these fraudsters even have been fortunate to have many bright, able staff seem to care. They are taking their sweet time websites advertising how, for a fee, they can members with an interest in serving their in dealing with this case. In August, it was de- help you avoid paying the duties legally owed country by working in this body. Today, I’d like cided that the case would go before a Federal the United States. In November, my colleague to single out those who are serving my con- stituents as my tenure comes to a close. judge. It is now December and we still don’t Senator WYDEN of Oregon, published a useful Joe Patterson joined my staff in 2000. In- have a court date. report identifying 12 such Chinese companies. Most of these companies’ evasion schemes credibly, that makes him one of the newest Madam Speaker, there is a reason that the involve illegal transshipment through a third members of the team in Murfreesboro. It is a State Department has labeled Brazil a non- country and falsified country-of-origin certifi- joke among my staff that even with a decade compliant country when it comes to honoring cates for Chinese products destined for the of dedicated public service under his belt, Joe the Hague Convention. It seems that Brazil United States and other export markets. is still the low man on the totem pole in my would rather sign onto treaties and gain all the This dishonest conduct robs the American hometown office. benefits that come with that—but they don’t people and our federal coffers of money rightly All joking aside, Joe’s depth of experience overshadows his seniority. In addition to his care about holding up their end of the bargain. owed. But perhaps more importantly, it gives work as my field representative and advocate The State Department needs to take aggres- these deceitful actors an advantage over for seniors, persons with disabilities, and those American businesses. It has forced hundreds sive action to pressure Brazil into acting with in need of housing assistance, Joe also has of businesses, in my district and others, to haste when determining the fates of American the responsibility of helping people who ur- permanently close their doors. children. There is no excuse for Brazil to drag gently need passports or visas on short notice. Too many businesses like Michel’s Furniture their feet while little Nicole Pate sits and won- Thousands of Sixth District residents might not in Lynwood, California, in my own district, ders why she can’t see her daddy. have been able to attend a loved one’s fu- have shut their doors because through duty Even worse is that the behavior of Brazil neral, take a business trip or enjoy a hastily- evasion, foreign products receive an unfair planned honeymoon if not for his work expe- and other non-compliant Hague countries and illegal price advantage over our home- seems to have no impact on our foreign policy diting their passports. Grateful constituents grown, American products. have sent him best wishes from sandy beach- in relation to these countries. We still trade That is why I am proud to introduce the bi- es on six continents—he’s only waiting on Ant- with them, we still send them millions in for- partisan ENFORCE Act. arctica. eign aid each year, and these countries still The ENFORCE Act strengthens the ability Joe is an incredibly hard worker. He has a violate their treaty obligations. Or in the case of the Bureau of Customs and Border Protec- great rapport with the constituents he works of Brazil, become a haven for kidnapped tion, CBP, to combat duty evasion by foreign with and has deep roots in the community. American children. manufacturers. For the first time, domestic Stories of his cows getting through fences on That is why in the 112th Congress I intend producers will have the opportunity to formally his property and roaming all over Cannon petition CBP to investigate possible anti-dump- to introduce a bill that will require Congress to County have been the subject of my annual ing and countervailing duty evasions. vote on foreign aid by country—instead of in Christmas letters over the years. What has The ENFORCE Act requires CBP to initiate never been publicly recognized until now is one, giant package. The American people an investigation and to make timely prelimi- should be able to see where we send foreign Joe’s uncanny knowledge of trivial information. nary and final determinations as to whether an Whether the topic is cuisine or the latest hi- aid money, and for what purpose. And further- importer engaged (or is engaging) in evasion. tech gadget, Joe can always bring some new more, it will allow Congress to hold countries No longer will domestic producers wait help- and interesting tidbit to the conversation. accountable to receiving that money. lessly by, hoping that CBP will act to vindicate An enthusiastic student of aeronautics, Joe It’s time for the Government of Brazil to their rights. The bill requires CBP to act and has worked with NASA and local school dis- begin honoring their obligations under the then publicly report on its findings within pre- tricts to enable teachers in Middle Tennessee Hague Convention. It’s time for the State De- scribed timeframes. to attend Space Shuttle launches at Kennedy partment to be more aggressive in fighting for Finally, foreign violators will be held ac- Space Center in Florida. The once-in-a-lifetime kidnapped American children around the countable for the damage they do to American experience and lesson plans brought back to world. businesses, workers, and our economy as a the classrooms have been a welcome addition whole. to schools across my district. This worthwhile And it’s time for Marty Pate to be reunited American businesses and workers can com- endeavor would not have been possible with- with his kidnapped daughter, Nicole. pete and win against products from anywhere out Joe’s passion for the subject and dedica- And that’s just the way it is. in the world—if we have a level playing field. tion to the project.

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22992 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 Madam Speaker, Joe has been an integral HONORING ABRAHAM ‘‘ABE’’ ernment programs will solve our greatest prob- part of my staff and an invaluable help to the THOMPSON lems continues to plague Washington despite people of the Sixth District of Tennessee. I attempts at cutting waste. wish him, his wife, Lori, and their daughter, HON. STEVE ISRAEL Thanks to the Tea Party movement, a new wave of fiscally conservative Representatives Kyla, all the best in the future. OF NEW YORK will take office in January, and I am hopeful IN THE HOUSE OF REPRESENTATIVES f we will see renewed progress in putting Wash- Friday, December 17, 2010 ington on a diet. REMARKS TO THE HOUSE OF Mr. ISRAEL. Madam Speaker, I rise today One of the privileges of serving Kansas has REPRESENTATIVES to honor the life of Abraham ‘‘Abe’’ Thompson, been to achieve real results for our commu- who passed away on Wednesday, December nities. During my Congressional tenure, we HON. JOHN S. TANNER 15, 2010, at the age of 94. were successful in repealing the Wright Abe served honorably during World War II amendment to help lower air fares, return mil- OF TENNESSEE as an officer of the United States Army Air lions of tax dollars back to Kansas to help IN THE HOUSE OF REPRESENTATIVES Force in the 747th Squadron of the 456th build dozens of important infrastructure projects, protect the rights of the unborn Friday, December 17, 2010 Heavy Bombardment Group, stationed in Stornara, Italy. Abe flew 49 missions before through the 1998 Tiahrt amendment, secure Mr. TANNER. Madam Speaker, it has been being shot down on his 50th over Germany. over $90 million in funding for the National In- a true privilege for Betty Ann and me to rep- The pilot managed to glide the plan into Swit- stitute for Aviation Research at Wichita State resent Tennessee’s 8th district in this chamber zerland, where the crew parachuted and were University and place a statue of General for the past 22 years, and we will always be subsequently interned. Abe escaped into Dwight D. Eisenhower in the U.S. Capitol Ro- grateful to the people of west and middle Ten- France after 73 days and made his way to tunda where it will remain permanently. Working with Sen. BROWNBACK and Sen. nessee who have given us the chance to do American forces in Lyon. ROBERTS, we successfully fought back at- so. We now look forward to the transition from After he was discharged, Abe raised his tempts to procure a European refueling tanker our role in Congress to that of private citizens, family in Yonkers, NY. He then moved to Hun- and have made the case for purchasing an often said to be the highest office in our coun- tington in the 1970s, after which he earned his American tanker made by an American com- try. law degree at the age of 73. He was an active pany with American workers. It is my contin- Following the Constitutional Convention, member of the community, including serving ued hope that the Air Force will make the right Madam Speaker, a citizen asked Benjamin as president of the local AARP chapter as well decision and select the KC–767 that will em- Franklin what that important body had created, as a founding member and serving as Com- ploy thousands of skilled engineers and work- and he replied, ‘‘A republic, if you can keep mander of the Nassau/Suffolk Long Island it.’’ At the heart of this governmental model, ers in Kansas. Chapter of the American Ex-Prisoners of War. Madam Speaker, as I reflect on my service public officials represent first and foremost the Abe was the loving husband of the late Ber- in the House, I want to take this opportunity to people who elect them. tha Gordon Thompson; devoted companion of thank my wife, Vicki, and my children who I worry that our government is in danger of Rita DeLuise and her family; adored father of have supported me and walked with me on becoming more of a parliamentary system, Carole and Steven Roberts, Robert and Rosa- this 16-year journey. Serving in Congress is where elected officials represent first and fore- lie Thompson, and the late Phyllis Gordon; the often most difficult on a member’s family. We most their political parties. That is not what cherished grandfather of Jennifer and Michael, purposefully chose to serve these 16 years to- our founding fathers intended when they es- Adam, Alison and Clark, and Jill and Jim; and gether. My wife and children were part of tablished this great nation, and it is not the the loving great-grandfather of Ned and every term. I was blessed to have them with right approach for our nation going forward. Grace. me to roam the marble halls of Congress, The American people, by and large, do not I am so proud that Abe was a member of meet America’s leaders, and get to know the reside in the extreme left wing or in the ex- the 2nd District of New York and I know that citizens we served. Watching history unfold treme right wing. They are solution-minded he will be missed by the many people whose with my family by my side gave me many citizens who want their elected representatives lives he impacted. memories I will forever cherish. to work together to address the problems that f Throughout my time as a Member of Con- face us as Americans, not as Democrats or gress, I have remembered my family is a gift FAREWELL REMARKS Republicans. from God and will always be my greatest ac- Unfortunately, the current political system, complishment. Their work on numerous especially following decades of partisan gerry- HON. TODD TIAHRT projects throughout Kansas has made our mandering with more to come in the year OF KANSAS state and country a better place to live, and ahead, does little to incentivize such coopera- IN THE HOUSE OF REPRESENTATIVES their love and encouragement continue to in- tion. Consequently, the political center in our Friday, December 17, 2010 spire me. I am so glad to be finishing this representative government has been deci- chapter of my life with Vicki, Jessica and John Mr. TIAHRT. Madam Speaker, in just a few mated, resulting in a great disservice to the by my side, and we would give anything if short weeks, my 8th term as Representative American people. Luke were here, too. for the Fourth Congressional District of Kan- Many of us certainly understand and share Many of the difficult tasks here in Congress sas will come to an end, and I want to thank could not be done without the hard work of the angst the American people feel in a time my constituents for giving me the opportunity of economic uncertainty, two wars, a seem- staff. I have been blessed with committed to serve them these past 16 years. It has staffers who stood with me as I fought for our ingly insurmountable federal debt and ongoing been a profound honor to represent Kansas in concerns over homeland security. Kansas values and a limited government. our Nation’s Capital and to be a Member of My staff, past and present, worked tire- These are complex problems that cannot be this Institution. lessly, not only for me, but for the people of solved with bumper-sticker solutions, over-sim- Much has changed since I first walked onto Kansas and for our country. plified soundbites and combative rhetoric. the House floor in January 1995 following the Robert Noland has been with me since day They require cooperation among thoughtful in- historic Republican Revolution of 1994. We one. He has been a loyal and faithful friend dividuals who will put their district and country have witnessed the impeachment of a U.S. and has shown tremendous wisdom in man- first. president, four years of balanced budgets, the aging my district office. I will never forget his To address these problems and restore the end and beginning of a new millennium, the years of hard work and dedication to me and faith in our republic, those inside and outside 9/11 terrorist attacks, an ongoing global war to our state. government must be willing to extend to one against terror, and the collapse of established Jeff Kahrs has been with me since my first who disagrees the same purity of motive and financial and business institutions world-wide. term in office, and I am grateful for his friend- intellectual honesty one claims for oneself. Other things have changed very little. We ship, leadership and counsel over the years. That is necessary, Madam Speaker, if we are still fighting against run-away federal def- His perception and vision have helped me are to keep our republic. icit spending. The false notion that new gov- focus on what’s important.

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 22993 Connie Voss has also been with me since riculture, bio-security and pro-life issues has Shank, Tom Rice, Michelle Mrdozza, Migo my first term in office. Connie and her hus- made a real difference to our state. Micconi, Ben Nicholson, Jennifer Miller, Dena band Joe have been a gift from God to Vicki Sarah Osborn has served in my Washington Baron, Michael Stephens, Delia Scott, Chris and me throughout the years, and we deeply office helping me with the House Economic Topik, Greg Knadle, Beth Houser, Rob appreciate their prayer and faithful support. Competitiveness Caucus agenda as well as Nabors, Cheryl Smith, David Reich, Nicole Amy Claire Brusch has been with me for ensuring constituent responses were fully ad- Kunko, John Bartrum, Tammy Hughes and nearly 11 years and has served with stellar dressed. I am grateful for the countless tasks Sandy Farrows. performance providing leadership on numer- she has done to help make our legislative of- I also want to acknowledge and thank the ous legislative initiatives in my Washington of- fice run successfully. staff I have worked with on the House Perma- fice. Her knowledge of how Capital Hill works Jill Craven has dedicated a meticulous at- nent Select Committee on Intelligence: Mike has helped me navigate complex legislative tention to detail and put her talents to work Meermans, John Stopher, Kathleen Reilly, and political issues. helping constituents receive prompt and in- Meghann Courter, Fred Fleitz and Courtney Linda Arensdorf has been on my official formative responses to concerns with govern- Littig. staff for more than 10 years and has been in- ment agencies. Her never-quit attitude has To all of my Congressional colleagues I strumental in helping manage the district office benefitted constituents across the state of have worked with over the years: it has been and working to make sure our constituent Kansas. an honor to serve alongside you. Thank you service projects are carried out with excel- Mark Dugan has performed admirably in en- for your friendship and your dedication to our lence. suring my office remained responsive to con- great country. Sam Sackett has also served on my staff for stituents, and he was instrumental in several My family and I deeply appreciate all our more than a decade and has contributed to of my efforts to reach constituents with infor- supporters and friends who have lifted us up several legislative initiatives in Washington mation about what was happening in Wash- in prayer and those who have given so much and has helped me effectively and clearly ington. to make the impossible happen. For the past communicate my message across the state of Joel Katz has served in my Washington of- 16 years as I traveled to work and saw the Kansas. fice helping the legislative staff meet its dead- Capital dome in the morning, I would pray, Melissa James has been responsible for lines and achieve our goals. His hard-work, ‘‘Lord, help me do the right thing.’’ managing my appointments and has done a commitment to getting the job done and de- God has answered that prayer by sur- tremendous job keeping impeccable sched- pendability made a huge difference to me and rounding me with a family and staff who, along ules. Melissa’s attention to detail and her dedi- to the constituents he served. with thousands of friends and supporters, cation to her job have played an important role Kenya Cox has an incredible dedication to have helped me faithfully carry out my respon- in making sure I manage my time wisely. many causes that have benefitted our district sibilities. Chuck Knapp has played a critical role ad- and the entire state. I appreciate her dogged In the coming months and years, many vising me on numerous issues related to poli- and persistent work ethic in response to con- tough decisions will be made in terms of what cies and district matters. I appreciate his stituent requests. Her commitment to resolving we do as a country. The success of our nation friendship and value his advice that has problems and her tenacity in getting the job depends on engaged citizens who believe, as helped me better serve my constituents. done well is admirable. our Founding Fathers did, that the government Josh Bell has served on my staff in several Andy Purath has served me in Washington should be by the people and for the people. important roles, including as part of my legisla- for the last year as a congressional military We must all remain in the fight to help make tive team in Washington as well as in my dis- fellow. I appreciate his hard work in the legis- Kansas and our country stronger, more pros- trict office managing special projects for con- lative office and his willingness to serve our perous and an even better place to raise a stituents. His faithful dedication and hard work country. family. have served me well for many years. Mariam Bell has helped us complete the ar- Vicki and I look forward to continuing that Jeremy Wisdom has provided valuable as- chive process on deadline and has been a journey with all those who have so faithfully sistance to countless veterans and other con- blessing to Vicki and me for many years. I am walked with us. stituents needing help with a federal agency. thankful for her thoughtful approach to han- While there are numerous other people that His knowledge of the federal system and dling an enormous task. could be mentioned, I again want to say what thoughtful approach to problem solving has I want to also recognize staff who have pre- an honor it has been to serve in the U.S. helped resolve numerous constituent prob- viously worked for me: Dave Hanna, Matthew House of Representatives on behalf of the lems. Schlapp, Ruth Richman, Karen Casto, Tamara people of Kansas who sent me here these Jim Richardson has a thorough knowledge Baker, Gwendolyn Caldwell, Ardena past 16 years. of military and defense issues that has been Schienbein, Cindy Gustafson, Pam Porvaznik, May God continue to bless the Great State an enormous asset to my legislative office. He Russ Yost, Scott Margolius, Judy Patton, Me- of Kansas, and may God bless America. has provided critical insight and a thoughtful lissa Beall, Matt Rowden, Brad Ayers, Hannah f approach to helping me deal with issues re- Woody, Kevin Bruce, Amy Skeen, Amy Butler, lated to our national defense. Jennilee Browning, Jamie Sauser, Scott Plecs, HONORING BLAKE GOETZ Laurel Scott has greeted thousands of Kan- Timon Oujiri, Aaron Weiss, John Howland, sans visiting my Washington office over the John Brady, Elias Voces, Joan Smutko, Trisha HON. MARY BONO MACK years. Her warm smile, welcoming personality, Reagan, Monica Green, Cindy Black, Emily OF CALIFORNIA and prayers for my family have meant so Wellman, Jason Moshier, Courtney English, IN THE HOUSE OF REPRESENTATIVES much to Vicki and me. Joey Rathbone, Chris Israel, Joe Cramer, Wendy Knox has helped me disseminate Sarah Key Sunday, Doddie Bowman, Terry Friday, December 17, 2010 our legislative message to the public by work- Horton, Amy Lorenzini, Cheryl Arensdorf, Mrs. BONO MACK. Madam Speaker I rise ing with national media in Washington as well Katie Steers, Jenni Schallenkamp, Tiffany today to honor a very distinguished member of as state and local reporters. Her communica- Keeler, Nicole Noble, Don Boleski and Arsalan my community, Fire Chief Blake Goetz. tion skills and commitment to the conservative Arif. Without the years of service these people Today I wish to recognize Fire Chief Blake cause has helped clarify and focus our mes- gave, I would not have been able to accom- Goetz, who has dedicated 33 years of service sages. plish so much. to the City of Palm Springs and over 29 years Matthew Stroia has served on my staff fo- I would like to thank the staff on the House to the Palm Springs Fire Department. He will cusing on several issues related to the aero- Appropriations Committee that have aided me retire from his position as Fire Chief on De- space and energy industries. I appreciate the tremendously through the years: Jeff Shockey, cember 31, 2010, and I am pleased to rise to way he applied his skills and knowledge of the Debbie Weatherly, Dave LesStrang, Steve make a few remarks on his impressive accom- legislative process to help ensure Kansans’ in- Crane, Stephanie Meyers, Kevin Jones, Ste- plishments and many contributions to the City terests were made a top priority. phen Sepp, Liz Dawson, David Gibbons, Mike of Palm Springs. Richard Henkle has been a committed legis- Ringler, Ben Nicholson, John Martens, Martin Chief Goetz started his career with the Palm lative staffer who has helped me focus on sev- Delgado, Allison Deter, Jennifer Hing, Jenny Springs Fire Department in 1981. Over the eral issues impacting Kansas. His work on ag- Kisiah, Frank Cushing, Letitia White, John years, Chief Goetz has remained committed to

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22994 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 safeguarding our community and has greatly For sixty so odd years, as have so here . . . son and Eugene Moorefield III. Kevin Dawson increased the Coachella Valley’s prepared- As have such young men, so appeared . . . has also received the award of Silver Beaver ness for fires, earthquakes and floods. Goetz From boys to men, at Penn State to be so en- from the Blue Ridge Council for his dedication deared . . . initiated the Palm Springs Fire Department’s To be blessed, by Joe Pa to be near . . . to the Boy Scouts. Mr. Dawson and Mr. Fire Prevention Safety Program to spread Upon, these fields of green so here . . . Moorefield’s truly exceptional leadership and awareness of the dangers of fire and fire-re- For one man, one coach . . . has stood on dedication have helped to instill in these lated hazards to local grade schools during principle, oh so very clear . . . young men values that they will carry with Fire Protection Week. His work in developing To help build lives, build futures . . . as has them for the rest of their lives. I am honored the Palm Springs Community Emergency Re- he so strived each year . . . to recognize their service and leadership. sponse Team (CERT) brought this critically While, watching over them . . . from boys to I ask you to join me in congratulating Gavin important program to our area, and has great- men . . . Dawson, James Moore, Lee Merryman, Hart Like a Shepherd, watching over his flock Gillespie, and Martin Moorefield for their im- ly enhanced our local community’s ability to . . . time, and time again . . . respond to disaster. Goetz was appointed Fire Giving them hopes and dreams, discipline pressive achievements. These young men Chief in 2004, and has continued to be an out- and honor to each and every one it have shown the finest qualities of citizenship, standing public safety official and well-re- seems . . . leadership, and service, and I look forward to spected leader in the community. Like a Father . . . Like a Son . . . as ‘‘with seeing them contribute to their communities In addition to his time at the Palm Springs each student, this new family has run for years to come. ... Fire Department, Chief Goetz has committed f himself to the safety and well-being of the Leading, guiding, coaching, teaching, loving people of the Coachella Valley in many other each and every one! CALHOUN HIGH SCHOOL COMPETI- With but his Pa Terno Instincts and dreams TIVE CHEERLEADING TEAM areas. As a certified emergency manager with ... the International Association of Emergency As Joe Pa, has guided them from their teens Managers from 1998 to 2008, Chief Goetz . . . Showing them all how life is won! HON. PHIL GINGREY played an essential role in bringing the Molding them all, into such fine men . . . all OF GEORGIA Coachella Valley Emergency Managers Asso- upon these fields of green . . . IN THE HOUSE OF REPRESENTATIVES His gift to all, a future . . . way beyond these ciation to our community. Goetz has served as Friday, December 17, 2010 a member of the board of directors of South- fields of dreams . . . ern California Emergency Services Association Education first! As now we see Joe Pa’s fine Mr. GINGREY of Georgia. Madam Speaker, worth . . . I rise today in honor of the Calhoun High and is currently chair of the board of directors As this great love affair, brings such tears to of the Palm Springs Federal Credit Union. eyes . . . as Joe Pa’s Terno instincts, School Lady Yellow Jackets, Georgia’s 2010– Goetz holds a lifetime instructor credential in give rise! 2011 Competitive Cheerleading State Cham- fire science for California Community Col- For Joe, is a giver not a taker . . . bringing pions. leges, and I am confident that he will continue boys to men, to new heights as they Coached by Ginger Reeves, Calhoun’s Var- his efforts towards promoting safety and pro- awake here . . . sity Competitive Cheerleading Team has been tecting others after his retirement. For few will run in NFL’s sun, so what do a dominant force in cheerleading in my home Today I stand proud to honor the admirable they so have left when all is done? state of Georgia, winning four state titles since A future! Over four hundred career wins are 2006. accomplishments of Fire Chief Blake Goetz, great . . . and extend my sincere appreciation for his But, Joe Pa spells victory . . . with one The varsity squad consists of Jade Ables, distinguished service to the Palm Springs Fire word, ‘‘Graduate!’’ Nikiki Bertuca, Makenzie Blalock, Erica Carter, Department and the Coachella Valley. With but his heart of lion, for all of them, Christina Cumbey, Gabby Defalco, Brooke f Joe Pa will never stop trying! Dixon, Morgan Diamond, Ashlyn Gilbert, Jes- Oh, upon these fields of green . . . to mold sica Goswick, Melanie Hampton, Asliyah Har- IN HONOR OF COACH JOE boys to men, to live their dreams . . . ris, Mackenzie Kessler, Katelyn Langston, PATERNO AND HIS 400TH WIN AT But to have thousands and thousands, of lov- Kristen Langston, Hannah Magnicheri, Magen PENN STATE ing sons . . . Pinyan, Mary Plunkett, and Hillary Rhodes. No greater blessing, or victory to be won . . . With but Joe’s Pa... terno Instincts . . . he I am proud of all of their accomplishments HON. PATRICK J. MURPHY has willed, all on these fields of green and their contributions to my home state and OF PENNSYLVANIA ... the 11th District of Georgia. IN THE HOUSE OF REPRESENTATIVES For upon these fields of green, Joe . . . Pa is Madam Speaker, I ask all my colleagues to a winner who has won . . . join me in honoring the Calhoun Lady Yellow Friday, December 17, 2010 But, In The Game of Life . . . Joe Pa is but Jackets. a Champion this one! Mr. PATRICK J. MURPHY of Pennsylvania. f Madam Speaker, I rise today to honor a great f American, a great coach, a leader among PERSONAL EXPLANATION TRIBUTE TO TROOP 184 BLUE men, who is an icon of college football and is RIDGE COUNCIL OF THE BOY one of Penn State’s greatest treasures. Joe SCOUTS OF AMERICA HON. CATHY McMORRIS RODGERS has just recently won his 400th college victory. OF WASHINGTON More importantly, Joe’s greatest accomplish- IN THE HOUSE OF REPRESENTATIVES ments are not found on the football field, but HON. THOMAS S.P. PERRIELLO in the young men that he has prepared for the OF VIRGINIA Friday, December 17, 2010 IN THE HOUSE OF REPRESENTATIVES game of life. I ask that this tribute penned in Mrs. MCMORRIS RODGERS. Madam honor of him by Albert Caswell be placed in Friday, December 17, 2010 Speaker, on rollcall No. 628 on, H.R. 1405, the RECORD. Mr. PERRIELLO. Madam Speaker, I rise On Motion to Suspend the Rules and Pass, PA ... TERNO INSTINCTS today to congratulate Troop 184, Blue Ridge Longfellow House-Washington’s Headquarters Upon, these fields of green . . . Council, of the Boy Scouts of America, on a National Historic Site Designation Act, I am Have but come, year after year . . . such momentous achievement. As of October, all not recorded because I was absent because I young men who dare to dream . . . five original members of Troop 184 have now gave birth to my baby daughter. Had I been Specimens, of such great strength and speed attained the rank of Eagle Scout. As an Eagle present, I would have voted ‘‘yea’’. . . . of might, almost like supermen Scout myself, I know the dedication, character, Madam Speaker, on rollcall No. 629 on, S. who lead . . . and commitment that each Scout has shown, 3167, On Motion to Suspend the Rules and Who one day must walk off this great stage, with what now to carry them through and I am proud to recognize them for their Pass, Census Oversight Efficiency and Man- their days? hard work and their service to their commu- agement Reform Act of 2010, I am not re- And what do they now have so left, when nity. corded because I was absent because I gave their days of glory are gone to them to I would also like to recognize the remark- birth to my baby daughter. Had I been bless? able leadership of Scoutmasters Kevin Daw- present, I would have voted ‘‘nay’’.

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.000 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 22995 Madam Speaker, on rollcall No. 630 on, But regardless of the reason, Juan and achievements and successful constituent serv- H.R. 6510, On Motion to Suspend the Rules Jorge soon became close friends. In fact, last ices programs would not be possible without a and Pass, To direct the Administrator of Gen- year, Juan and Jorge and their families joined cadre of great staff working behind the eral Services to convey a parcel of real prop- together to celebrate Thanksgiving at Fort scenes. Throughout my time in Congress, I erty in Houston, Texas, to the Military Museum Campbell. have been fortunate to have many bright, able of Texas, I am not recorded because I was I didn’t have the pleasure to know Staff Sgt. staff members with an interest in serving their absent because I gave birth to my baby Rivadeneira, nor Corporal Villacis. Nor did our country by working in this body. Today, I’d like daughter. Had I been present, I would have families know each other. to single out someone who has accomplished voted ‘‘yea’’. Yet, my family, and our nation owes a deep an amazing feat that deserves recognition, ap- f debt of gratitude for the service and ultimately the untimely loss of these two brave young plause, and perhaps, a test of his sanity; in- HONORING THE SACRIFICE OF men. credibly, Jimmy Stubblefield has been a part JUAN L. RIVADENEIRA AND Neither of these men was forced to serve of my staff for all of my 26 years in Congress. JORGE E. VILLACIS their country in the military. Jimmy graduated a few years after I did HON. DEBBIE WASSERMAN SCHULTZ Indeed, none of America’s soldiers serving from Middle Tennessee State University and our country here or abroad, combat or non- jumped right in to my first campaign for Con- OF FLORIDA combat, was forced to enlist in the military. IN THE HOUSE OF REPRESENTATIVES gress. He has served as my field representa- Yet they did. Juan and Jorge both answered tive ever since that first election, criss-crossing Friday, December 17, 2010 our nation’s call to serve and like thousands the district with me and logging countless late upon thousands of men and women before Ms. WASSERMAN SCHULTZ. Madam nights. Jimmy has helped thousands of Middle them, they fought for America’s freedom, our Speaker, I rise today with a heavy heart to Tennesseans resolve issues with federal honor two brave young men from my District liberty, and to ensure that our country remains agencies, straighten out immigration and pass- who died recently while serving their country the free and prosperous nation that it is today. in Afghanistan. During this holiday season, and as we re- port issues and receive needed benefits. He Staff Sgt. Juan L. Rivadeneira of Davie, flect upon the past year, we need to recognize has touched the lives of many families and Florida died November 13th when an insur- the service and sacrifice of those who are helped keep my Murfreesboro office running gent suicide bomber detonated a vest bomb serving and have served our country, like smoothly. and struck his unit in Kandahar, Afghanistan. Juan and Jorge, who died fighting to protect Jimmy has always been known as the man He was 27 years old. our American way of life. who can get things done. He has worked with Rivadeneira was an Infantryman assigned to While I didn’t know Staff Sgt. Juan L. community leaders around the district to cut Company B., 2nd Battalion, 502nd Infantry Rivadeneira and Corporal Jorge E. Villacis, through red tape and make planned improve- Regiment, 101st Airborne Division based out personally, mere words cannot express the of Fort Campbell, Kentucky. gratitude I feel for them and their families. ments a reality. He has helped spearhead the expansion of the Stones River National Battle- Staff Sergeant Rivadeneira served in two f wars, first in Iraq and then in Afghanistan. And field, now one of the top historical destinations from the moment he enlisted in 2003, he was CARROLLTON HIGH SCHOOL in the region. He saw to fruition the develop- hard working, a quick learner, and most impor- FOOTBALL TEAM ment of the Greenway system, which has tantly, a dependable soldier that you wanted given Rutherford County residents space to at your side. HON. PHIL GINGREY exercise and preserved our community’s Not surprisingly, during his seven years in OF GEORGIA green spaces in the midst of incredible popu- the Army, Juan Rivadeneira was highly deco- IN THE HOUSE OF REPRESENTATIVES lation growth. Jimmy knows each of these rated for his bravery and commitment to his projects like the back of his hand, down to the mission, receiving sixteen medals and badges. Friday, December 17, 2010 His company commander in Iraq, Army Major fences and sign posts. He has ensured our Mr. GINGREY of Georgia. Madam Speaker, alma mater MTSU has the resources and as- Robert Rossi said of him, ‘‘if someone needed I rise today in honor of the Carrollton Trojans sistance it needs to accommodate the largest help, he was the one to pick them up.’’ who have been a dominant force in high undergraduate student body in the state. Ruth- Corporal Jorge E. Villacis, of Sunrise, Flor- school football in my home state of Georgia. ida died just this past Sunday, December 12th Carrollton ended the season with a 14–1 erford County has seen incredible develop- when his unit was attacked by an insurgent record and ranked number two in the state in ment since Jimmy and I began working to- with a vehicle-borne improvised explosive de- Class AAA. Coached by Rayvan Teague, gether, and Jimmy’s fingerprints are all over it. vice while serving in Howz E Madad, Afghani- Carrollton’s offense racked up an eye-opening Jimmy serves as president of MTSU’s Alum- stan. He was only 24 years old. 632 points this season—averaging 42 points a Villacis was an Infantryman, who joined the ni Association, and he and I have cheered the game—while their defense recorded six shut- Army in September 2008. Born in New Jersey, Blue Raiders through many ups and downs outs. Villacis graduated from American Senior High over the years. It’s a good thing he’s a sports I am proud of the Carrollton Trojan’s accom- School in Hialeah. fan because his athletic daughters have kept Also based out of Fort Campbell Kentucky, plishments and contributions to my home state him busy running to games and cross country Villacis’ awards and decorations include: Army of Georgia and the 11th District of Georgia. meets all around the area. Jimmy met his wife Achievement Medal; National Defense Service Madam Speaker, I ask all my colleagues to Nancy through my campaign, and it has been join me in honoring the Carrollton Trojans. Medal; Afghanistan Campaign Medal; Global wonderful watching Katherine and Margaret War Terrorism Service Medal; Army Service f grow up. Ribbon, and Combat Infantry Badge. HONORING THE SERVICE AND Both of these young men called South Flor- Jimmy is one of three men who have stood DEDICATION OF JAMES L. by me from the very beginning, through vic- ida home. Both of these young men answered STUBBLEFIELD their country’s call to service. tories and disasters—through hell and, lit- And both of these young men left proud, but erally, high water in the aftermath of tornadoes grieving family members behind. HON. BART GORDON and severe flooding. Along with Kent Syler Juan and Jorge met at Fort Campbell Ken- OF TENNESSEE and Billy G. Smith, Jimmy has been there tucky and they were deployed to Afghanistan IN THE HOUSE OF REPRESENTATIVES every step of the way. together in June. Friday, December 17, 2010 Maybe it was the fact that Juan’s family had Madam Speaker, I could not have accom- roots in Venezuela, and Jorge’s family was Mr. GORDON of Tennessee. Madam plished half of what I did without Jimmy’s dedi- from Ecuador. Speaker, I rise today to recognize James L. cation and friendship. Jimmy, thank you for all Maybe it was that both of them hailed from Stubblefield for his contributions to the Sixth your help and loyalty over these many years. South Florida. Or maybe it was that they just Congressional District of Tennessee. As any I wish you, Nancy, Katherine and Margaret all hit it off. member of Congress knows, our legislative the best.

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.001 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22996 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 HONORING MRS. KATHY HINCKLEY give us the opportunity to move in a definitive Force, expanded trade preferences to Haiti’s direction in improving the care for our vet- textile industry, provided tax relief to individ- HON. PATRICK J. KENNEDY erans. uals taken advantage of by Ponzi schemes, OF RHODE ISLAND I am emotionally connected and affected by and expanded the number of Medicare-sup- the plight of returning soldiers and their fami- ported physician residency training positions in IN THE HOUSE OF REPRESENTATIVES lies. As a Korean War Veteran myself, I know states with a shortage of residents. Congress- Friday, December 17, 2010 all too well the significant toll that war can man MEEK has also been recognized nation- Mr. KENNEDY. Madam Speaker, I rise have on a soldier’s physical and mental well- ally for his commitment to youth issues and for today to honor the service of Mrs. Kathy being, and that of their families. I am very fa- his use of social media as a way of strength- Hinckley to the U.S. House of Representatives miliar with how substantial support upon re- ening collaborative communication with his and to the constituents of Rhode Island’s first turning home can make all the difference. constituents and enhancing civic engagement. district. A tireless worker, Mrs. Hinckley has I, along with other members of the Congres- Congressman MEEK has served admirably long been a powerful advocate for those in sional Black Caucus, welcomed the Boston on the House Committee on Ways and Means need. Her love of country, compassion, and Red Sox Foundation to our Congressional and as a member of the Congressional Black loyalty are a shining example to all future pub- Black Caucus Foundation Veterans Braintrust Caucus and the Democratic Steering and Pol- lic servants. As Mrs. Hinckley prepares to to explore and discuss issues concerning our icy Committee. On the international level, he transition to the next phase of her incredible veterans. The Boston Red Sox Foundation’s has served on the NATO Parliamentary As- career, we remember her dedicated service to efforts were very impressive. sembly, an inter-parliamentary organization of the U.S. House of Representatives and offer Given the fact that we are welcoming an in- legislators representing NATO members and gratitude on behalf of the thousands of Rhode creasing amount of our soldiers home who will associate countries. He served as Chairman Islander’s whose lives she touched. without a doubt be faced with a multitude of of the Congressional Black Caucus Founda- f problems that we may not yet be equipped to tion and led it to its prominent national stature. deal with, this discussion is very timely. For Congressman MEEK is a dedicated public CALHOUN HIGH SCHOOL FOOTBALL this reason, I am heartened that this resolution servant, who has always fought fiercely for so- TEAM encourages our Veterans Affairs Department cial and economic justice. He has truly in- to establish innovative public-private partner- spired a renewed spirit throughout the Con- HON. PHIL GINGREY ships in the treatment of PTSD. This is a re- gress. On behalf of the Congressional Black OF GEORGIA markable turning point in our handling of this Caucus, I honor Congressman MEEK for his IN THE HOUSE OF REPRESENTATIVES condition. outstanding commitment to his district and his I again thank the gentleman from New York country. Friday, December 17, 2010 for introducing this resolution and I urge all the f Mr. GINGREY of Georgia. Madam Speaker, members of this body to stand in support with I rise today in honor of the Calhoun Yellow me to ensure our service members are receiv- PERSONAL EXPLANATION Jackets who have been a dominant force in ing the care they so rightfully deserve. high school football in my home state of Geor- f HON. MICHAEL K. SIMPSON gia, and in my 11th Congressional District. OF IDAHO KENDRICK MEEK Calhoun finished the season with a 14–1 IN THE HOUSE OF REPRESENTATIVES record and ranked number two in the state in Friday, December 17, 2010 Class AA. Coached by Hal Lamb, the team HON. BARBARA LEE beat the number one ranked team in Class AA OF CALIFORNIA Mr. SIMPSON. Madam Speaker, on rollcall to reach the finals, only to lose a heartbreaker IN THE HOUSE OF REPRESENTATIVES No. 641, to suspend the rules and pass S. in overtime. 3860, a bill to require reports on the manage- Friday, December 17, 2010 The team was led by senior quarterback ment of Arlington National Cemetery, I was Landon Curtis; wide receivers JT Palmer, Ben Ms. LEE of California. Madam Speaker, on unavoidably detained and unable to vote. Had Lamb, Chase Riserson, and Clay Johnson; behalf of the Congressional Black Caucus, I I been present, I would have voted ‘‘aye.’’ and running back Dustin Christian. rise today to honor and celebrate the extraor- f The Yellow Jackets have won Georgia AA dinary career of Congressman KENDRICK Region Seven for the past ten years straight. MEEK. A man who took up the torch from his PERSONAL EXPLANATION I am proud of their accomplishments and con- mother—our former esteemed colleague, Con- tributions to the 11th District of Georgia. gresswoman Carrie Meek—and has carried it HON. CATHY McMORRIS RODGERS Madam Speaker, I ask all my colleagues to further than any of us would have ever imag- OF WASHINGTON join me in honoring the Calhoun Yellow Jack- ined. He has truly been a trailblazer here in IN THE HOUSE OF REPRESENTATIVES ets, their five-time State Champion Washington, DC. Friday, December 17, 2010 cheerleading squad, Superintendant Dr. Judy A native of Florida, Congressman MEEK re- Stiefel, Principal Kelly Bumgardner, and the ceived a Bachelor of Science degree in Crimi- Mrs. MCMORRIS RODGERS. Madam entire student body and community of Cal- nal Justice in 1989 from Florida A&M Univer- Speaker, on rollcall No. 639 on Motion to ad- houn, Georgia. sity, where he co-founded the school’s Young journ, I am not recorded because I was absent f Democrats chapter. After rising to become the because I gave birth to my baby daughter. first African-American chief of police in Florida, Had I been present, I would have voted ‘‘nay’’. RECOGNIZING AND SUPPORTING Congressman MEEK was elected to the Florida Madam Speaker, on rollcall No. 640 on S. THE EFFORTS OF WELCOME House of Representatives from 1995 to 1998 841, On Motion to Suspend the Rules and BACK VETERANS and to the Florida Senate from 1999 to 2002. Pass, Pedestrian Safety Enhancement Act, I While in the Florida Senate, Congressman am not recorded because I was absent be- HON. CHARLES B. RANGEL MEEK chaired Florida’s Coalition to Reduce cause I gave birth to my baby daughter. Had OF NEW YORK Class Size and helped gain a major victory for I been present, I would have voted ‘‘yea’’. IN THE HOUSE OF REPRESENTATIVES students throughout the state, with 2.5 million Madam Speaker, on rollcall No. 641 on S. Florida citizens voting to approve the initiative. 3860, On Motion to Suspend the Rules and Friday, December 17, 2010 During the four terms that Congressman Pass, A bill to require reports on the manage- Mr. RANGEL. Madam Speaker, I rise today MEEK has served Florida’s 17th Congressional ment of Arlington National Cemetery, I am not to express my full support for H. Res. 1746, a District in the U.S. House of Representatives, recorded because I was absent because I resolution recognizing and observing the ef- he has lit a spark among all of us and brought gave birth to my baby daughter. Had I been forts of the Boston Red Sox Foundation and a renewed spirit to the mission of not only the present, I would have voted ‘‘yea’’. other organizations for their Welcome Back Congressional Black Caucus, but to all of Madam Speaker, on rollcall No. 642 on S. Veterans Initiatives. I thank Congressman Congress. He has sponsored legislation cre- 3447, On Motion to Concur in the Senate STEVE ISRAEL for introducing this resolution to ating a Nationwide Mortgage Fraud Task Amendment with an Amendment, Post–9/11

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.001 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 22997 Veterans Educational Assistance Improve- There is no doubt that the problem identified SUPPORTING THE REAUTHORIZA- ments Act of 2010, I am not recorded because in the resolution, illicit marijuana cultivation on TION OF THE CHILD NUTRITION I was absent because I gave birth to my baby Federal lands, is real and harmful. Mexican ACT daughter. Had I been present, I would have drug trafficking organizations’ (‘‘DTOs’’ ’) use voted ‘‘yea’’. of national forests and parks for illicit mari- HON. DANNY K. DAVIS Madam Speaker, on rollcall No. 643 on H. juana cultivation imperils visitors and damages Res. 1766, On Agreeing to the Amendment, OF ILLINOIS pristine national resources. However, contrary Providing for consideration of the Senate IN THE HOUSE OF REPRESENTATIVES amendment to the House amendment to the to the implication of the resolution, ONDCP al- Friday, December 17, 2010 Senate amendment to the bill (H.R. 4853) to ready has a coordinated strategy to address Mr. DAVIS of Illinois. Madam Speaker, as amend the Internal Revenue Code of 1986 to this problem. ONDCP’s 2010 National Drug we close this year, I wish to voice my support extend the funding and expenditure authority Control Strategy outlines how it has worked on for the advancements we made to the Child of the Airport and Airway Trust Fund, I am not a coordinated effort to combat the DTOs’ ille- Nutrition Act this month. S. 3307, the Healthy, recorded because I was absent because I gal cultivation via its High Intensity Drug Traf- Hunger-Free Kids Act of 2010, which the gave birth to my baby daughter. Had I been ficking Areas (HIDTA) program in conjunction President signed into law this month, will do present, I would have voted ‘‘nay’’. with the Department of Interior, the U.S. De- much to reduce child hunger and obesity. Madam Speaker, on rollcall No. 644 on H. partment of Agriculture, the National Guard, Res. 1766, On Agreeing to the Resolution, as Poverty is a stark reality for far too many the Department of Justice’s Drug Enforcement Amended, Providing for consideration of the people in my Congressional District, in Chi- Agency, the Department of Justice’s National Senate amendment to the House amendment cago, and in Illinois. In my Congressional Dis- to the Senate amendment to the bill (H.R. Drug Intelligence Center, and state and local trict, the poverty rate based on 2008 Census 4853) to amend the Internal Revenue Code of law enforcement agencies. In some of these data was 22.6 percent—well above the na- 1986 to extend the funding and expenditure initiatives, such as the Domestic Marijuana tional average. The child poverty rate in 2008 authority of the Airport and Airway Trust Fund, Eradication and Investigation Project, ONDCP for my District was 34.1 percent, almost dou- I am not recorded because I was absent be- has provided funding through HIDTA for these ble the national average. There are three pri- mary child nutrition programs that this bill im- cause I gave birth to my baby daughter. Had efforts. ONDCP has also coordinated a strat- I been present, I would have voted ‘‘nay’’. proves: the National School Lunch Program; egy to combat the DTO cultivation of mari- Women, Infants, and Children, WIC, Program; Madam Speaker, on rollcall No. 645 on S. juana on Native American reservations. 987, On Motion to Suspend the Rules and and the Child and Adult Care Food Program. Pass, To protect girls in developing countries Moreover, while disrupting organized crimi- In Illinois, there are over 1 million children who through the prevention of child marriage, and nal groups is critical to successfully reducing benefit from the school lunch program, for other purposes, I am not recorded because the violent drug trade in Mexico, there are far 300,000 who benefit from WIC, and 124,000 I was absent because I gave birth to my baby more cost-effective ways to undermine the ef- who benefit from the Child Care Food pro- daughter. Had I been present, I would have forts of DTOs than combing the vast public gram. These children will benefit from our im- provements to the Child Nutrition Act, whether voted ‘‘nay’’. territories in the U.S. for marijuana. U.S. coun- they attend child care or school. Further, the f ternarcotics policy must be both evidence- state of Illinois will receive approximately $11 H. RES. 1540: SUPPORTING THE based and cost-effective, especially in the cur- million more dollars per year to help provide GOAL OF ERADICATING ILLICIT rent fiscal environment. The immense public food for these children in need. MARIJUANA CULTIVATION ON territory on which this cultivation could occur In addition to increasing federal reimburse- FEDERAL LANDS AND CALLING makes aerial surveillance akin to finding a ments, I am proud that this bill will improve the ON THE DIRECTOR OF THE OF- needle in a haystack: it would involve great nutritional quality of children’s meals and re- FICE OF NATIONAL DRUG CON- expense and a militaristic approach to policing duce the availability of high-calorie junk food TROL POLICY TO DEVELOP A CO- vast public lands. Given the practical chal- on school grounds. These steps will help tre- ORDINATED STRATEGY TO PER- lenges and enormous resources that would be mendously to promote health and reduce obe- MANENTLY DISMANTLE MEXI- required to make a sizable dent in eradicating sity. I am very happy that this bill expands the CAN DRUG TRAFFICKING ORGA- marijuana cultivation on public lands, the pol- after-school supper program, which is esti- NIZATIONS AND OTHER CRIMI- mated to provide an additional 21 million icy proposed by H. Res. 1540 is neither evi- NAL GROUPS OPERATING ON meals to low-income children. I have had FEDERAL LANDS dence-based nor cost-effective. If we are to many people in Chicago tell me about the im- devote more resources to reducing the supply portance of these programs for children. There HON. DENNIS J. KUCINICH of illegal drugs in the United States, domestic also are a number of enhancements to im- eradication programs are not the best use of OF OHIO prove the programs’ management and integ- taxpayer dollars. IN THE HOUSE OF REPRESENTATIVES rity. For example, in high poverty communities, the bill eliminates the requirement of paper ap- Friday, December 17, 2010 As the Chair of the Domestic Policy Sub- committee of the Committee on Oversight and plications and uses Census data to determine school-wide eligibility. It also establishes pro- Mr. KUCINICH. Madam Speaker, I rise in Government Reform, with oversight jurisdiction opposition to H. Res. 1540, a resolution sup- fessional standards for food service providers over the Office of National Drug Control Pol- porting the goal of eradicating illicit marijuana and improves food safety requirements. cultivation on Federal lands and calling on the icy, I have held several hearings in the past Given the deep need for improvements in Director of the Office of National Drug Control year which have established that science and the child nutrition law, I cast my vote in sup- Policy (ONDCP) to develop a coordinated research support focusing our counterdrug port of the Healthy, Hunger-Free Kids Act of strategy to dismantle Mexican drug trafficking dollars on drug treatment and evidence-based 2010. This said, I wish to voice two dis- organizations and other criminal groups oper- drug prevention programs. These hearings appointments I have with this bill. First, al- ating on Federal lands. H. Res. 1540 is an un- have also demonstrated that it is a more effec- though we increased reimbursement rates per necessary statement that continues the Bush tive use of our resources to reduce and pre- meal by 6 cents, these new resources are not administration’s failed approach to United vent the public health consequences of drug sufficient to cover the local cost of providing States drug policy by overemphasizing military use such as HIV transmission and overdose the federal free and reduced-priced lunches and law enforcement as the primary instru- deaths. and breakfasts. The U.S. Department of Agri- ments of U.S. drug policy and its focus on culture estimates that school districts’ costs of marijuana to the exclusion of other more As Secretary of State Clinton has acknowl- providing free lunches exceeds the federal re- harmful drugs. If the approach recommended edged, reducing U.S. consumption of drugs is imbursement by over 30 cents per meal. In in this resolution were enacted, it would re- one of the most effective ways we can help urban areas like Chicago, this loss is much quire the diversion of valuable resources from Mexico combat its drug trade. I urge my col- closer to 75 cents per meal. Given that over an effective policy already in place. leagues to oppose this resolution. 700,000 students in Illinois participate in the

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0689 Sfmt 9920 E:\BR10\E18DE0.001 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 22998 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 18, 2010 low-income school lunch program, the finan- fuel producers. These longer term contracts [From The New York Times, Dec. 16, 2010] cial burden to my school district is great. Sub- will provide additional market certainty and will WALL STREET WHITEWASH sidizing food so that low-income children can ultimately help unlock private investment for (By Paul Krugman) eat healthy meals and learn is important; I be- construction and development of large ad- When the financial crisis struck, many lieve that the federal government should pro- vanced biofuel refineries. people—myself included—considered it a vide a greater share of the cost for caring for That is why I introduced the Domestic Fuel teachable moment. Above all, we expected its youngest and most vulnerable citizens. for Enhancing National Security (D–FENS) Act the crisis to remind everyone why banks need to be effectively regulated. Second, I am disappointed that one of the 2010. This bill extends the multi-year con- How naı¨ve we were. We should have real- offsets for this bill sent to us by the Senate is tracting authority for advanced biofuels from 5 ized that the modern Republican Party is ut- a reduction in funding for poor families in need years to 15 years. terly dedicated to the Reaganite slogan that of federal aid to purchase food. Children and In the great state of Washington, interests government is always the problem, never the families who receive food assistance are some from the private sector, universities, and major solution. And, therefore, we should have re- of our most vulnerable citizens. In 2009, 1.46 airports are already working to bring the first alized that party loyalists, confronted with generation of biofuels to the market, and their facts that don’t fit the slogan, would adjust million Illinoisans in 677,000 households re- the facts. ceived food stamps with an average per efforts can be greatly enhanced by this legisla- Which brings me to the case of the col- month of about $136 for a total benefit value tion. These fuels are based on plants such as lapsing crisis commission. issued of $2.3 billion. There are many poor camelina, jatropha, and even algae; plants The bipartisan Financial Crisis Inquiry families in Chicago and Illinois who need the that can be grown right in the Pacific North- Commission was established by law to ‘‘ex- full amount of the food benefits. Even if the west. In addition to being able to grow these amine the causes, domestic and global, of the current financial and economic crisis in the impact is a few years away, I am disappointed feedstocks in our own backyard, research on United States.’’ The hope was that it would that my vote to provide much-needed improve- the next generation of biofuels is also creating be a modern version of the Pecora investiga- ments in our child nutrition laws occurs by re- jobs at our highly regarded research institu- tion of the 1930s, which documented Wall ducing future benefits to the poor. I vow to tions. These efforts will make sure that the Street abuses and helped pave the way for fi- work actively with my colleagues to replace U.S. secures its competitive edge in this field. nancial reform. this funding so that no reduction in food as- In closing, I urge my colleagues to cospon- Instead, however, the commission has bro- sistance comes to fruition. sor this bill, and hope that we can work to- ken down along partisan lines, unable to agree on even the most basic points. f gether to move it toward passage as soon as It’s not as if the story of the crisis is par- possible. ticularly obscure. First, there was a widely DOMESTIC FUEL FOR ENHANCING f spread housing bubble, not just in the United NATIONAL SECURITY (D–FENS) States, but in Ireland, Spain, and other ACT OF 2010 PAUL KRUGMAN AND FACTS VS. countries as well. This bubble was inflated REPUBLICAN MYTHS by irresponsible lending, made possible both HON. JAY INSLEE by bank deregulation and the failure to ex- tend regulation to ‘‘shadow banks,’’ which OF WASHINGTON HON. BARNEY FRANK weren’t covered by traditional regulation IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS but nonetheless engaged in banking activi- Friday, December 17, 2010 IN THE HOUSE OF REPRESENTATIVES ties and created bank- type risks. Friday, December 17, 2010 Then the bubble burst, with hugely disrup- Mr. INSLEE. Madam Speaker, Admiral Mike tive consequences. It turned out that Wall Mullen, Chairman of the Joint Chiefs of Staff Mr. FRANK of Massachusetts. Madam Street had created a web of interconnection recently commented at the 2010 Energy Secu- Speaker, in recent years Paul Krugman has nobody understood, so that the failure of rity Forum that ‘‘[the Department of Defense] been, in my view, the single-most incisive and Lehman Brothers, a medium-size investment is using 300,000 barrels of oil every day. The accurate commentator on our economy. In the bank, could threaten to take down the whole world financial system. energy use per soldier creeps up every year. New York Times today, December 17, he re- It’s a straightforward story, but a story And our number-one import into Afghanistan is buts very effectively the partisan effort to shift that the Republican members of the commis- fossil fuel.’’ Admiral Mullen understands how blame for our recent economic crisis away sion don’t want told. Literally. critical an energy supply is to a combat troop; from the failures of deregulation and of finan- Last week, reports Shahien Nasiripour of but how safe are our troops if this oil comes cial irresponsibility in the private sector issued The Huffington Post, all four Republicans on from overseas? Our defense sector should by the four Republican Members of the Finan- the commission voted to exclude the fol- adopt more sustainable fuels, which can be cial Crisis Inquiry Commission. It is of course lowing terms from the report: ‘‘deregula- the case that government policy failures tion,’’ ‘‘shadow banking,’’ ‘‘interconnec- produced here in the United States; for the se- tion,’’ and, yes, ‘‘Wall Street.’’ curity of our troops. played some role in the crisis, but the most When Democratic members refused to go As an initial step forward, the Secretary of egregious of these is ignored by these par- along with this insistence that the story of the Navy, Ray Maybus, outlined five formal tisans—the refusal of the Republicans in the Hamlet be told without the prince, the Re- energy goals to lead the Navy toward a more Bush administration, the Federal Reserve and publicans went ahead and issued their own energy secure fleet: in Congress to support Democratic efforts to report, which did, indeed, avoid using any of 1. Evaluation of energy factors will be man- restrict the kind of irresponsible predatory the banned terms. That report is all of nine pages long, with datory when awarding Department of the Navy mortgages that should not have been issued few facts and hardly any numbers. Beyond contracts for systems and buildings. and which were a major cause of the crisis. that, it tells a story that has been widely 2. Department of the Navy (DoN) will dem- As Mr. Krugman notes, ‘‘the G.O.P. commis- and repeatedly debunked—without respond- onstrate a Green Strike Group in local oper- sioners are just doing their job, which is to ing at all to the debunkers. ations by 2012 and sail it by 2016. sustain a conservative narrative. And a nar- In the world according to the G.O.P. com- 3. By 2015, DoN will reduce petroleum use rative that absolves the banks of any wrong- missioners, it’s all the fault of government in the commercial fleet by 50 percent. doing, that places all the blame on meddling do-gooders, who used various levers—espe- cially Fannie Mae and Freddie Mac, the gov- 4. By 2020, DoN will produce at least 50 politicians, is especially important now that ernment-sponsored loan-guarantee agen- percent of shore-based energy requirements Republicans are about to take over the cies—to promote loans to low-income bor- from alternative sources; 50 percent of Navy House.’’ Referring to the incoming Chairman rowers. Wall Street—I mean, the private sec- and Marine Corps installations will be net- of the Financial Services Committee, Mr. tor—erred only to the extent that it got zero. Krugman sadly, but with good reason, predicts suckered into going along with this govern- 5. By 2020, 50 percent of total energy con- ‘‘that he and his colleagues will do everything ment-created bubble. sumption will come from alternative sources. they can to block effective regulation of the It’s hard to overstate how wrongheaded all of this is. For one thing, as I’ve already To ultimately realize these goals we need to people and institutions responsible for the eco- noted, the housing bubble was inter- dramatically scale up advanced biofuel pro- nomic nightmare of recent years.’’ national—and Fannie and Freddie weren’t duction in the U.S. One way to help scale this Madam Speaker, I ask that Paul Krugman’s guaranteeing mortgages in Latvia. Nor were nascent industry is to allow government enti- very important correction to an egregiously er- they guaranteeing loans in commercial real ties to engage in longer term contracts with roneous report be printed here. estate, which also experienced a huge bubble.

VerDate Mar 15 2010 12:03 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0689 Sfmt 0634 E:\BR10\E18DE0.001 E18DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 18, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 22999 Beyond that, the timing shows that private In today’s economy seniors are confronted the time of his death I was not officially noti- players weren’t suckered into a government- by loss of pension income and retirement sav- fied of his passing. I read about Patrick’s life created bubble. It was the other way around. ings, high prescription drug costs, and re- and his service and his death in our local During the peak years of housing inflation, Fannie and Freddie were pushed to the side- duced access to affordable housing. newspaper. lines; they only got into dubious lending late While Republican politicians turn a blind eye When I read what this young soldier wrote in the game, as they tried to regain market to seniors and defend America’s millionaires in his Facebook posting on November 10th, share. club, the leaders in the Democratic Party con- one month prior to his being killed in a suicide But the G.O.P. commissioners are just tinue to work for the dignity of older Ameri- bomber attack, I felt compelled to include his doing their job, which is to sustain the con- cans. servative narrative. And a narrative that ab- words and some of his life story in the CON- solves the banks of any wrongdoing, that The Seniors Protection Act is another effort GRESSIONAL RECORD. In his commentary Pat- places all the blame on meddling politicians, in the time tested tradition of the Democratic rick said, ‘‘A veteran is someone who, at one is especially important now that Repub- Party defending the rights and interests of point in their life, wrote a blank check payable licans are about to take over the House. America’s senior citizens. to the United States of America for an amount Last week, Spencer Bachus, the incoming We are the party that established Medicare G.O.P. chairman of the House Financial up to, and including their life. That is beyond and Social Security, and last year instituted honor and there are way too many people in Services Committee, told The Birmingham the Seniors Task Force to continue the work News that ‘‘in Washington, the view is that this country who no longer remember that the banks are to be regulated, and my view the Democrats have done on behalf of sen- fact.’’ iors. is that Washington and the regulators are What an incredible statement and prophetic there to serve the banks.’’ If not for Social Security assistance, more He later tried to walk the remark back, than 13 million low-income elderly Americans observation from this young man and hero. but there’s no question that he and his col- would fall into destitution. Before his sacrifice of his own life he clearly leagues will do everything they can to block With so many seniors this close to the pov- realized the commitment he had made to his effective regulation of the people and insti- Nation and also mentioned a reality of how tutions responsible for the economic night- erty line, you can be sure that this payment— while small—will have a significant impact on military service and sacrifice is often forgotten mare of recent years. So they need a cover by people and public officials. I believe it’s im- story saying that it was all the government’s the economic security of millions. fault. Aside from the import this will have on portant on not only Memorial Day and Vet- In the end, those of us who expected the America’s seniors, studies show that disburse- erans Day and now during the holidays and in crisis to provide a teachable moment were ments of this nature are a very effective eco- fact every day that we remember the sacrifice right, but not in the way we expected. Never nomic stimulus. of Patrick D. Deans and thousands of other mind relearning the case for bank regula- When Social Security beneficiaries received men and women who have paid the ultimate tion; what we learned, instead, is what hap- sacrifice so that we can live as a free people. pens when an ideology backed by vast wealth $250 payments as part of the 2009 Recovery and immense power confronts inconvenient Act, 125,000 jobs were created or saved. Patrick grew up in East Orange county Flor- facts. And the answer is, the facts lose. We have an opportunity here to make im- ida and moved to Narcoossee and east Osce- f mediate, tangible improvements to both the ola where he attended Harmony High and lives of millions of seniors and the American played football. He later resided in East Or- H.R. 5987, THE SENIORS economy. Please join me, and my colleagues ange County and graduated in 2006 from Tim- PROTECTION ACT on the Seniors Task Force in supporting H.R. ber Creek high school where he was a mem- HON. LUCILLE ROYBAL-ALLARD 5987—The Seniors Protection Act. ber of Air Force ROTC Program. f Patrick joined the Army in 2007 and served OF CALIFORNIA as an Infantryman until his deployment. His IN THE HOUSE OF REPRESENTATIVES IN MEMORY OF PATRICK D. DEANS awards and decorations include: Army Com- Friday, December 17, 2010 mendation Medal, Army Good Conduct Medal, Ms. ROYBAL-ALLARD. Madam Speaker, I HON. JOHN L. MICA National Defense Service Medal, Afghanistan rise today in support of H.R. 5987, the Seniors OF FLORIDA Campaign Medal, Iraq Campaign Medal, Glob- Protection Act. IN THE HOUSE OF REPRESENTATIVES al War on Terrorism Service Medal, Army H.R. 5987 would provide a one-time pay- Friday, December 17, 2010 Service Medal and Overseas Ribbon. He was ment of $250 to 54 million American seniors, posthumously promoted to corporal. retired and disabled veterans, and disabled in- Mr. MICA. Madam Speaker, I rise today in He is the only child of Patrick M. Deans, a dividuals. memory of Patrick D. Deans who was killed in Due to low inflation rates, there has not military action December 12, 2010 in Afghani- corporal with the Orange County Sheriff’s Of- been a COLA, or cost of living adjustment, in stan, Kandahar Province. This 22 year old fice, and Robyn Deans of Seminole County an unprecedented two years. But that doesn’t youthful Army soldier and his family lived in Florida. mean America’s seniors aren’t hurting. In the and near the 7th Congressional District. Pat- Along with my colleagues in the United absence of a COLA this modest payment will rick was raised in the St. Cloud area and I States House of Representatives I extend my help America’s seniors weather these tough never had a chance to meet him. Because he deepest sympathy to Patrick’s family and the economic times. did not reside in my congressional district at eternal gratitude of our Nation.

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