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June 28, 2010 CONGRESSIONAL RECORD — SENATE S5499 ’’ policies, without signing onto The PRESIDING OFFICER. Without how long you serve. Of course, in the the WTO agreement on procurement. objection, it is so ordered. case of both Senator Kennedy and Sen- They promised in 2000, with the pas- f ator BYRD, it was so long. Senator sage of PNTR, they promised they BYRD made history as the longest serv- RELATIVE TO THE DEATH OF ROB- would join the agreement on procure- ing Senator, and that should be duly ERT C. BYRD, A SENATOR FROM ment, which meant fair play on con- noted. But it is well beyond that. It is OF WEST VIRGINIA tracts between and among govern- about this fierce sense of ‘‘fight for ments. Yet China has not only refused Mr. BROWN of Ohio. Mr. President, I your people’’ that they both had. to sign on, they also had a strong ‘‘Buy ask unanimous consent the Senate pro- When I came to the Senate, of course China’’ arrangement in their economy, ceed to the immediate consideration of ROBERT C. BYRD was a legend for sure. what would have violated WTO rules. S. Res. 572, submitted earlier today. He always met with the incoming Sen- Yet several major opinion leaders—Ivy The PRESIDING OFFICER. The ators, to give them the rules of the League economists, pundits on tele- clerk will report the resolution by road about procedure, about how to vision, newspaper editors, and too title. conduct yourself when you were in the many elected officials—pushed back The legislative clerk read as follows: chair, about the dignity of the Senate, and said we should not do ‘‘Buy Amer- A resolution (S. Res. 572) relative to the and most of all about reverence for the ican’’ in this country. death of the Honorable ROBERT C. BYRD, a Constitution. As many know and many China’s so-called ‘‘indigenous innova- Senator from the State of West Virginia. saw, the image I will always have of tion’’ policies provide preferences to There being no objection, the Senate ROBERT C. BYRD is of him reaching in- products containing Chinese-developed proceeded to consider the resolution. side his suit pocket and bringing out intellectual property for government f the Constitution—which, along with procurement purposes. That is why I the Bible, was what he cherished most. REMEMBERING SENATOR ROBERT encourage the Obama administration He taught us that everything we do C. BYRD to launch a section 301 case against the here comes from the Founders, and he Chinese package of policies that limit Mr. INOUYE. Mr. President, my taught us to love and respect the Con- market access to U.S. companies in the heart is heavy with sadness following stitution and he did it in a way that clean energy sector. the passing of a dear friend, ROBERT C. was truly inspiring. If China leads the clean energy revo- BYRD, Senator from West Virginia. I can tell you, coming from the larg- lution, we will trade dependance on for- We have been friends for nearly 50 est State in the Union, we have our eign oil with dependence on Chinese or years and I am overcome with memo- share of problems. We have floods and foreign clean energy technologies. ries. Nearly 48 years ago Senator BYRD fires and droughts, we have pests in our With the right investments and with was one of the first to greet me in the agricultural industry, we have problem strong trade enforcement, we can make Chamber of the U.S. Senate. after problem—earthquakes, need I say sure that does not happen. Since that first moment of friendship that? Every single time we had one of Consider, as you know in Oregon, we have worked together on many these disasters, Senator FEINSTEIN and what is at stake. Five of the top ten projects. And since those early days, I I knew we had to go to our colleagues solar panel makers in the world are have called him, ‘‘my leader.’’ and say: Please understand, from China. But the No. 1 is First He was my mentor. Over the years he needs the help of the U.S. Government Solar, a U.S. company which has fac- provided me countless opportunities because the damage is so massive. Of tories around the world that can and tasked me with positions of crit- course, we all do that whenever our produce as much energy as any coal or ical national oversight while guiding State has a problem, because we are nuclear plant but, of course, much my actions with the temperance he the of America. cleaner and more efficient. learned as the longest serving Senator One of First Solar’s factories is in However, there are times when you in history. do not have an ear that is listening. Perrysburg, OH, and the entrepreneurs He was a Senator’s Senator. His behind the company’s success started Senator BYRD, as the chairman of the many accomplishments were historic Appropriations Committee, opened his at the University of Toledo. If we want and he fought tirelessly to improve the to keep First Solar at the top in the doors to us, opened his heart to us, lives of working families in West Vir- world, and if we want our entre- opened his experience to us, and was al- ginia. We shared the belief that we preneurs to continue to lead the world ways there for us. I so remember that, must provide for the people who trust in innovation, they should have access time after time. us to represent their communities in to all of the world’s markets. That is I went to see him about our water Washington. why we need the President of the problems. We have lots of water prob- I owe much to my leader, Senator United States to lead the crusade for lems. We have cities and suburbs that BYRD. He will forever have my grati- vigorous trade enforcement. need the water. We have fishermen who Just the launch of a 301 case by this tude and respect and I will miss him need the water. We have agriculture administration will show China we are dearly. My thoughts and prayers are that needs the water. All the stake- serious about competing in this emerg- with the Byrd family during this dif- holders have very difficult debates over ing market. We cannot enter the next ficult time. water. Senator FEINSTEIN and I again decade of the 21st century further be- Mr. President, as America mourns, I have teamed up on this and we have al- hind, facing the same hurdles that ask my colleagues to join me in paying ways had a willing listener in ROBERT faced our Nation just 10 years ago. tribute to Senator BYRD. C. BYRD, who understood and helped us As the G20 summit convenes this Mrs. BOXER. Mr. President, I know get the stakeholders to the table to weekend and beyond, we must take the several colleagues have come to the find ways to preserve, to conserve, and buyer’s remorse of those who supported floor today to note the passing of a increase the supply in a smart way for China PNTR and make sure we begin giant among us, . I want all those stakeholders. the next decade with a rules-based to take a moment here to speak These things are very big to the peo- trading system that works for Amer- straight from the heart about ROBERT ple of California, who probably have ican workers and works for American BYRD and my experience working with not connected ROBERT BYRD to Cali- manufacturers. him. As we look at his desk with the fornia. But in all of these cases where I yield the floor and suggest the ab- flowers there, we of course think back we were so in need, he was there for us. sence of a quorum. to not too long ago when we lost an- I remember so well his leadership in The PRESIDING OFFICER (Mr. other giant, . I think what trying to bring the troops home from MERKLEY). The clerk will call the roll. distinguishes these two from others is Iraq. Twenty-three of us stood up and The legislative clerk proceeded to their unbelievable, undying commit- said no to that war because we thought call the roll. ment to the people they represented it meant taking our eye off Osama bin Mr. BROWN of Ohio. I ask unanimous and to this country. Laden and what was happening in Af- consent that the order for the quorum I think, when all is said and done, ghanistan and turning around and call be rescinded. that is what it is about. It is not about going into Iraq. We worried very much

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Senator BYRD’s modest beginnings in resolution granting President George We need to organize and we need to the hard-scrabble coal fields of Appa- W. Bush broad power to wage a preemp- talk about what is happening to our lachia are well known. After his moth- tive war against Iraq. He claimed that troops. He cared so much. For me, to er died during the 1918 flu pandemic, his vote against the Iraq war resolu- have been in his presence and to watch Senator BYRD went to live with an tion was the vote of which he was most him work has been an amazing experi- aunt and uncle who adopted him and proud for having cast over the course ence. So I rise to pay tribute to him. raised him in a house without running of his career. When U.S. military He has so many wonderful family water or electricity. He pumped gas strikes on Iraq commenced on March members who care so much about him. and butchered hogs. During World War 19, 2003, he stated: When he lost his wife, it took a huge II, he was a welder and built cargo Today I weep for my country. I have toll on ROBERT BYRD, and you saw it in ships in Baltimore and Tampa Bay. watched the events of recent months with a his face. A light went out inside. His After the war, he successfully ran for heavy, heavy heart. No more is the image of grandchildren and children stepped up, the West Virginia House of Delegates America one of strong, yet benevolent peace- but that hole in his heart was there. It and, 4 years later, the State’s senate, keeper. The image of America has changed. Around the globe, our friends mistrust us, was evident to all of us. He stayed here before entering Congress in 1953. All in our word is disputed, our intentions are through thick and thin, came in— all, he ran for and was elected to office questioned. Instead of reasoning with those wheeled in, in a wheelchair, fading, suf- 15 times—not counting primaries— with whom we disagree, we demand obedi- fering, to be in this place that he loved without suffering a single defeat. Suf- ence or threaten recrimination. so much, so much; that he respected so fice it to say that his life is the quin- Senator BYRD was unabashedly deter- much. tessential American success story. I mined to use his power as a Senator I say, and I know, there is not a think every young American should and as the chairman or ranking mem- Member on either side of the aisle who learn about Senator BYRD’s life as an ber of the Appropriations Committee did not respect ROBERT C. BYRD for his example of what hard work and persist- to help lift his State out of grinding brilliance, for his strength, for his ence and devotion can accomplish in poverty. And he delivered for his con- fierce representation of his State and, this country. He understood better stituents. It is no surprise, then, that by the way, for his extraordinary biog- than most people the importance of he won 100 percent of the vote of West raphy, coming up the way he did. Talk being educated, not just for embarking Virginians in one election—1976—or about the American dream—a child of on a successful career, but as an end to frequently carried all 55 of West Vir- dire poverty, close to the mines. He al- itself. He was well-read and could re- ginia’s counties. And while he fer- ways fought for those miners. What a cite from memory long passages from vently supported the coal industry, he legacy he leaves. the Bible, and from great poets and au- recognized the devastating environ- I don’t have any notes in front of me. thors. He was a fine historian, not just mental and social impact of mountain- I am speaking from the heart today. I of the Founding Fathers and the U.S. top removal mining techniques and he will have a more complete statement, Senate, but of ancient Greece and called for an end to that practice. but I did want to make my views Rome and England. In the meantime, he wrote five known today and send my condolences Senator BYRD married his high books, including the definitive history to the family. It is a great loss for ev- school sweetheart, Erma Ora James, of the U.S. Senate. eryone. shortly after they both graduated from Perhaps the highest tribute to Sen- Mr. CARDIN. Mr. President, I rise Mark Twain High School—where he ator BYRD can be found in his bio- with a heavy heart to pay tribute to was valedictorian—in 1937. He was too graphical section of the Almanac of our friend and colleague who died early poor to afford college right away and American Politics, which states: ‘‘Rob- this morning, Senator ROBERT C. BYRD, wouldn’t receive his degree from Mar- ert Byrd . . . may come closest to the the longest serving Member in the il- shall University until 60 years later— kind of senator the Founding Fathers lustrious history of the U.S. Congress, when he was 77. In between, he did had in mind than any other.’’ His fe- the longest serving Senator, and the something no other Member of Con- alty to the U.S. Senate and to the Con- only Senator in U.S. history elected to gress has ever done: he enrolled in law stitution has served as an inspiration, nine full terms. Considering that Sen- school—at American University—and a lesson, and a guiding light to all of us ator BYRD won his first election, to the in 10 years of part-time study while who have been privileged to follow him West Virginia House of Delegates, in serving as a Member of Congress, he in this Chamber. 1946, it may be that he was the longest completed his law degree, which Presi- In the last 10 months, we have lost serving elected official in history. His dent John Kennedy presented to him. two towering figures here in the Sen- passing is a profound loss to all Ameri- Senator BYRD was married to his be- ate: Ted Kennedy and ROBERT BYRD— cans, to his beloved constituents in loved Erma for nearly 69 years, and was one of the Senate’s greatest legislators West Virginia, and particularly to the blessed with two daughters, six grand- and without doubt its greatest de- institution of the U.S. Senate and children, and seven great-grand- fender. Former Senator Paul Sarbanes, those of us who serve here. The Senate children. whose seat I am privileged to hold, re- had no greater champion than ROBERT During his Senate tenure, ROBERT marked that Senator BYRD liked to say BYRD, no one with his understanding of BYRD was elected to more leadership that he never served under any Presi- the Senate’s unique character, role, positions than any other Senator in dent, but was honored to serve with promise, history, and parliamentary history, including majority and minor- many Presidents. We can honor these procedures. ity leader, whip, and President pro twin giants by carrying on their leg- When ROBERT BYRD was elected to tempore. He cast 18,689 rollcall votes. acies, by fighting to make America a the Senate in 1958, after serving in the Only 29 other Senators in the history of better place for all Americans, and by House for 6 years, he was part of a the Republic have cast more than 10,000 defending the Senate’s role as a co- large, distinguished class that included votes; Strom Thurmond is the only equal, not subservient, branch of gov- such future giants as Hugh Scott, Gene other Senator to cast more than 16,000 ernment. McCarthy, Edmund Muskie, and Philip votes. Senator BYRD’s attendance When Senator BYRD became the long- Hart. He surpassed them all. record over five decades—97 percent—is est serving Member of Congress last According to the Senate Historical as impressive as the sheer number of November, I quoted Robert E. Lee in Office, ROBERT BYRD was the 1,579th votes he cast. my floor statement. Lee said: person to become a U.S. Senator. Since Senator BYRD’s legislative accom- Duty is the most sublime word in our lan- he was elected to the Senate, another plishments, from economic develop- guage. Do your duty in all things.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5501 You cannot do more. You should never wish MEASURE READ THE FIRST NOMINATIONS to do less. TIME—H.R. 5175 Executive nominations received by Senator ROBERT C. BYRD has done his Mr. BROWN of Ohio. I understand the Senate: duty in all things—to the Senate, to that H.R. 5175 has been received from DEPARTMENT OF AGRICULTURE himself, to his family, to his State, to the House and is at the desk. I would RAMONA EMILIA ROMERO, OF PENNSYLVANIA, TO BE his Nation, and to God. ask for its first reading. GENERAL COUNSEL OF THE DEPARTMENT OF AGRI- I am honored to join his and my col- The PRESIDING OFFICER. The CULTURE, VICE MARC L. KESSELMAN, RESIGNED. leagues here in the Senate, West Vir- clerk will read the title of the bill for DEPARTMENT OF STATE ginians, and all Americans in mourning the first time. ROBERT PORTER JACKSON, OF VIRGINIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF the death, celebrating the life, and pay- The legislative clerk read as follows: MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ing tribute to this great Senator and A bill (H.R. 5175) to amend the Federal DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF CAMEROON. this great man. Election Campaign Act of 1971 to prohibit JAMES FRANKLIN JEFFREY, OF VIRGINIA, A CAREER Mr. BROWN of Ohio. Mr. President, I foreign influence in Federal elections, to MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF prohibit government contractors from mak- CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- ask unanimous consent the resolution DINARY AND PLENIPOTENTIARY OF THE UNITED STATES be agreed to, the preamble be agreed ing expenditures with respect to such elec- OF AMERICA TO THE REPUBLIC OF IRAQ. tions, and to establish additional disclosure ALEJANDRO DANIEL WOLFF, OF CALIFORNIA, A CA- to, the motions to reconsider be laid requirements with respect to spending in REER MEMBER OF THE SENIOR FOREIGN SERVICE, upon the table, with no intervening ac- CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR such elections, and for other purposes. EXTRAORDINARY AND PLENIPOTENTIARY OF THE tion or debate. UNITED STATES OF AMERICA TO THE REPUBLIC OF Mr. BROWN of Ohio. Mr. President, I CHILE. The PRESIDING OFFICER. Without ask for its second reading and object to objection, it is so ordered. CORPORATION FOR NATIONAL AND COMMUNITY my own request. SERVICE The resolution (S. Res. 572) was The PRESIDING OFFICER. Objec- RICHARD CHRISTMAN, OF KENTUCKY, TO BE A MEMBER agreed to. tion having been heard, the bill will re- OF THE BOARD OF DIRECTORS OF THE CORPORATION The preamble was agreed to. ceive its second reading on the next FOR NATIONAL AND COMMUNITY SERVICE FOR THE RE- MAINDER OF THE TERM EXPIRING OCTOBER 6, 2012, VICE The resolution, with its preamble, legislative day. TOM OSBORNE, RESIGNED. reads as follows: JANE D. HARTLEY, OF , TO BE A MEMBER OF f THE BOARD OF DIRECTORS OF THE CORPORATION FOR S. RES. 572 NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- ORDERS FOR TUESDAY, JUNE 29, PIRING OCTOBER 6, 2014, VICE DONNA N. WILLIAMS, RE- Whereas, the Honorable Robert C. Byrd 2010 SIGNED. served the people of his beloved state of West MARGUERITE W. KONDRACKE, OF TENNESSEE, TO BE A Mr. BROWN of Ohio. Mr. President, I MEMBER OF THE BOARD OF DIRECTORS OF THE COR- Virginia for over 63 years, serving in the PORATION FOR NATIONAL AND COMMUNITY SERVICE West Virginia House of Delegates, the West ask unanimous consent that when the FOR A TERM EXPIRING JUNE 10, 2014, VICE RICHARD Virginia Senate, the United States House of Senate completes its business today, it ALLAN HILL, TERM EXPIRED. MATTHEW FRANCIS MCCABE, OF PENNSYLVANIA, TO Representatives, and the United States Sen- adjourn until 10 a.m. on Tuesday, June BE A MEMBER OF THE BOARD OF DIRECTORS OF THE ate; 29; that following the prayer and CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM EXPIRING OCTOBER 6, 2013, VICE LEONA Whereas, the Honorable Robert C. Byrd is pledge, the Journal of proceedings be WHITE HAT, TERM EXPIRED. the only West Virginian to have served in approved to date, the morning hour be JOHN D. PODESTA, OF THE DISTRICT OF COLUMBIA, TO both Houses of the West Virginia Legislature deemed expired, and the time for the BE A MEMBER OF THE BOARD OF DIRECTORS OF THE and in both Houses of the United States Con- CORPORATION FOR NATIONAL AND COMMUNITY SERVICE two leaders be reserved for their use FOR A TERM EXPIRING OCTOBER 6, 2014, VICE ALAN D. gress; SOLOMONT, RESIGNED. later in the day; that following any Whereas, the Honorable Robert C. Byrd has LISA M. QUIROZ, OF NEW YORK, TO BE A MEMBER OF leader remarks, the Senate proceed to THE BOARD OF DIRECTORS OF THE CORPORATION FOR served for fifty-one years in the United NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- States Senate and is the longest serving Sen- a period of morning business for one PIRING FEBRUARY 8, 2014, VICE VINCE J. JUARISTI, TERM hour, with Senators permitted to speak EXPIRED. ator in history, having been elected to nine PHYLLIS NICHAMOFF SEGAL, OF MASSACHUSETTS, TO full terms; therein for up to 10 minutes each, with BE A MEMBER OF THE BOARD OF DIRECTORS OF THE Whereas, the Honorable Robert C. Byrd has the time equally divided and controlled CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM EXPIRING OCTOBER 6, 2013, VICE JACOB JO- cast more than 18,680 rollcall votes—more between the two leaders or their des- SEPH LEW, TERM EXPIRED. than any other Senator in American history; ignees, with the majority controlling LEGAL SERVICES CORPORATION Whereas, the Honorable Robert C. Byrd has the first half and the Republicans con- served in the Senate leadership as President HARRY JAMES FRANKLYN KORRELL III, OF WASH- trolling the final half; that following INGTON, TO BE A MEMBER OF THE BOARD OF DIRECTORS pro tempore, Majority Leader, Majority morning business, the Senate resume OF THE LEGAL SERVICES CORPORATION FOR A TERM EX- Whip, Minority Leader, and Secretary of the PIRING JULY 13, 2011, VICE JONANN E. CHILES, TERM EX- Majority Conference; consideration of the motion to proceed PIRED. to H.R. 5297, the small business jobs JOSEPH PIUS PIETRZYK, OF OHIO, TO BE A MEMBER OF Whereas, the Honorable Robert C. Byrd has THE BOARD OF DIRECTORS OF THE LEGAL SERVICES served on a Senate committee, the Com- bill. Finally, I ask that the Senate re- CORPORATION FOR A TERM EXPIRING JULY 13, 2011, VICE THOMAS A. FUENTES, TERM EXPIRED. mittee on Appropriations, which he has cess from 12:30 until 2:15 to allow for chaired during five Congresses, longer than the weekly caucus luncheons. NATIONAL COUNCIL ON DISABILITY any other Senator; and The PRESIDING OFFICER. Without PAMELA YOUNG-HOLMES, OF WISCONSIN, TO BE A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY Whereas, the Honorable Robert C. Byrd is objection, it is so ordered. FOR THE REMAINDER OF THE TERM EXPIRING SEP- the first Senator to have authored a com- f TEMBER 17, 2010, VICE CHAD COLLEY, RESIGNED. prehensive history of the United States Sen- PAMELA YOUNG-HOLMES, OF WISCONSIN, TO BE A PROGRAM MEMBER OF THE NATIONAL COUNCIL ON DISABILITY ate; FOR A TERM EXPIRING SEPTEMBER 17, 2013. (REAPPOINT- Whereas, the Honorable Robert C. Byrd has Mr. BROWN of Ohio. Under a pre- MENT) played an essential role in the development vious order, at 2:15, the Senate will FOREIGN SERVICE and enactment of an enormous body of na- proceed to vote on the motion to in- THE FOLLOWING-NAMED CAREER MEMBERS OF THE tional legislative initiatives and policy over SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- many decades: Whereas his death has de- voke cloture on the motion to proceed RICULTURE FOR PROMOTION WITHIN AND INTO THE SEN- prived his State and Nation of an out- to the small business jobs bill. IOR FOREIGN SERVICE TO THE CLASSES INDICATED: standing lawmaker and public servant: Now, CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, f CLASS OF MINISTER-COUNSELOR: therefore, be it ADJOURNMENT UNTIL 10 A.M. KAREN S. SLITER, OF Resolved, That the Senate has heard with CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, TOMORROW CLASS OF COUNSELOR: profound sorrow and deep regret the an- ELIA P. VANECHANOS, OF NEW HAMPSHIRE nouncement of the death of the Honorable Mr. BROWN of Ohio. If there is no THE FOLLOWING-NAMED PERSONS OF THE AGENCIES Robert C. Byrd, Senator from the State of further business to come before the INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- West Virginia. FICERS OF THE CLASSES STATED. FOR APPOINTMENT AS Senate, I ask unanimous consent that FOREIGN SERVICE OFFICER OF CLASS THREE, CONSULAR Resolved, That the Secretary of the Senate it adjourn under the provisions of S. OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE communicate these resolutions to the House Res. 572 as a further mark of respect to OF THE UNITED STATES OF AMERICA, of Representatives and transmit an enrolled DEPARTMENT OF COMMERCE copy thereof to the family of the deceased. the memory of Senator ROBERT C. BYRD. JAMES K. CHAMBERS, OF OKLAHOMA Resolved, That when the Senate adjourns ERIC G. CROWLEY, OF COLORADO today, it stand adjourned as a further mark There being no objection, the Senate, LAURA GIMENEZ, OF CALIFORNIA at 7:13 p.m., adjourned until Tuesday, HANNAH KAMENETSKY, OF FLORIDA of respect to the memory of the deceased YASUEY PAI, OF NEW YORK Senator. June 29, 2010, at 10 a.m. FRANCIS M. PETERS, OF TEXAS

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