E PL UR UM IB N U U S United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, MONDAY, JUNE 28, 2010 No. 98 Senate The Senate met at 2:00 p.m. and was RECOGNITION OF THE MAJORITY REMEMBERING SENATOR ROBERT called to order by Nancy Erickson, Sec- LEADER C. BYRD retary of the Senate. The SECRETARY OF THE SENATE. Mr. REID. Mr. President, our Senate The majority leader is recognized. family grieves today with the Byrd PRAYER f family over the loss of one of the most The Chaplain, Dr. Barry C. Black, of- dedicated Americans ever to serve this fered the following prayer: MOMENT OF SILENCE country; one of the most devoted men Let us pray. Mr. REID. I ask that the Senate ob- ever to serve his State; one of the most Immortal, invisible God only wise, serve a moment of silence for Senator distinguished Senators ever to serve in the fountain of every blessing, we BYRD. the Senate. thank You for the life and legacy of (Moment of silence.) ROBERT BYRD’s mind was among the Senator ROBERT C. BYRD, our friend f greatest the world has ever seen. As a and colleague whose death we grieve boy, he was called upon, when he was today. We praise You for his more than ELECTING SENATOR DANIEL K. in elementary school, to stand before five decades of exemplary service to INOUYE PRESIDENT PRO TEMPORE the class and recite not paragraphs our Nation and the citizens of West Mr. REID. I have a resolution at the from the assignment of the night be- Virginia, for the way he carried out his desk and ask for its consideration. fore but pages of the night before. He duties with integrity and faithfulness. The SECRETARY OF THE SENATE. did this from memory. We are grateful that he knew when to The clerk will report the resolution by From his graduation as valedictorian be the gadfly, to ask the tough ques- title. of his high school class at the age of 16 tions, and to challenge the status quo. The assistant legislative clerk read to his death this morning as the Sen- Lord, You gave him courage to make as follows: ate’s President pro tempore at age 92, course corrections both privately and A resolution (S. Res. 567) to elect DANIEL he mastered everything he touched publicly and empowered him to oppose K. INOUYE, a Senator from the State of Ha- with great thoughtfulness and skill. without bitterness, to compromise waii, to be President pro tempore of the Sen- This good man could drive from his with wisdom, and to yield without ate of the United States. home here in Washington to West Vir- being defeated. I thank You that he The resolution (S. Res. 567) was ginia and back—it took 8 hours—recit- was my friend. agreed to, as follows: ing classic poetry the entire time, and Lord, we pray for his loved ones, our S. RES. 567 not recite the same poem twice. Senate family, and all who mourn his Resolved, That Daniel K. Inouye, a Senator I was asked by Senator BYRD to trav- passing. May his many contributions from the State of Hawaii, be, and he is here- el to West Virginia to do an exchange to our Nation not be forgotten by this by, elected pro tem- with the British Parliament. There and succeeding generations. May all of pore. were a number of us there, eight or us who had the privilege of knowing f nine Senators, and a like number of our Nation’s longest serving legislator British Parliamentarians. I can re- ADMINISTRATION OF OATH OF member that night so well. We had the emulate his passion, patience, and per- OFFICE severance. Give him a crown of right- music up there he liked the best—blue- eousness and permit him to hear You The SECRETARY OF THE SENATE. grass music—and they played. It was a say, ‘‘Well done, good and faithful serv- Without objection, Senator INOUYE will festive evening. ant.’’ be escorted to the desk. Then it came time for the program. We pray in Your merciful Name. The President pro tempore-elect, es- In the program, Senator BYRD said: I Amen. corted by Mr. REID and Mr. AKAKA re- am going to say a few things. And he spectively, advanced to the desk of the passed out little notebooks. He had f Vice President; the oath prescribed by notebooks passed out to everyone there law was administered to him by the with a little pencil. He wanted to make PLEDGE OF ALLEGIANCE Secretary of the Senate; and he sub- sure everything was just right; that The Secretary of the Senate led the scribed to the oath in the Official Oath people, if they had something to write, Pledge of Allegiance, as follows: Book. had something to write on and write I pledge allegiance to the Flag of the Mr. INOUYE thereupon assumed the with. And he proceeded, standing there United States of America, and to the Repub- chair as President pro tempore. without a note, to pronounce the reign lic for which it stands, one nation under God, The PRESIDENT pro tempore. The of the British monarchs, from the be- indivisible, with liberty and justice for all. majority leader. ginning to the end. He would give the

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

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That took on Earth was. who served the longest and saw the about an hour and a half to do that. I quote Senator BYRD: most concluded we must work together The British Parliamentarians were As you get older, you see time running out. as partners, not partisans, for the good stunned. They had never heard anyone It is irretrievable and irreversible. But one of our States and our country. who could do anything like that, an should never retire from learning and In 1996, ROBERT BYRD spoke to a American talking about the reign of growth. meeting of incoming Senators and re- the British monarchs. Those of us who ROBERT BYRD never retired from any- minded them that the Senate is still were Senators, nothing surprised us thing. He served in the Senate for more the anchor of the Republic. Senator that he could do from memory. than half a century and the House of BYRD was the anchor of the Senate. I can remember when he decided he Representatives for 6 more years, and There will never be another like him. was no longer going to be the Demo- he dedicated every one of those days to He was a Member of this Nation’s cratic leader, Senator Dole did an strengthening the State and the Nation Congress for more than a quarter of the event for him in the Russell Building, he loved so dearly. He never once time it has existed, and longer than a and all Senators were there, Demo- stopped fighting for the good people of quarter of today’s sitting Senators and cratic and Republican Senators. He West Virginia and for the principles in the President of the United States have told us a number of things he did not our founding documents. He was for- been alive. His political career spanned do, and he told us a number of things ever faithful to his constituents, his countless American advances and he did do. For example, he read the En- Constitution, and his country. He achievements. A dozen men called the cyclopedia Britannica from cover to fought for what he thought was right, Oval Office his own while Senator BYRD cover twice. He studied the dictionary. and when he was wrong, he was wise called the Capitol Building his office— He read that from cover to cover dur- enough to admit it, and he did admit it and he would be the first to remind us ing one of our breaks. a few times. that those two branches are equal in the eyes of the Constitution. I have I have told this story on an occasion Senator BYRD’s ambition was leg- or two, but to give the depth of this endary. He took his oath in this Cham- heard him say so many times that we man’s memory—I had been to Nevada, ber on January 3, 1959, the same day work with the President, not under the President. and when I came back, he asked me: Alaska became our 49th State. He told The nine times the people of his What did you do? the Charleston Gazette newspaper in State sent him to the Senate and the I said: Senator BYRD, I pulled a book that freshman year: more than 18,500 votes he cast here will out of my library on the way back. I If I live long enough, I’d like to be Chair- didn’t have anything to read. It was a never be matched. man of the Senate Appropriations Com- As the President pro tempore and I, paperback. I read ‘‘The Adventures of mittee. and each of us fortunate enough to be Robinson Crusoe.’’ Thirty years later, he was, and then here, have the privilege of knowing And as those of us who can remember he lived and served for 21 more years. firsthand, it was an incomparable him, he looked at me and he held his His legislative accomplishments are privilege to serve with him and learn head back a little bit and his eyes many, and those achievements fortify from this giant. By virtue of his endur- rolled back and he said: Robinson Cru- his incomparable legacy. But he is per- ance, ROBERT BYRD knew and worked soe. He proceeded to tell me—I had just haps best known in this Chamber as with many of the greats of the Senate. read the book—how long he had been the foremost guardian of the Senate’s Because of his enduring virtue, he will on that island: 28 years, 3 months, a complex rules, procedures, and cus- be forever remembered as one of them. week, and 2 days, or whatever it was. I toms. He did not concern himself with f was stunned. I did not know. I went such precision as a pastime or mere back and pulled the book out to see if hobby; he did so because of the SCHEDULE he was right, and he was right. He unyielding respect he had for the Sen- Mr. REID. Mr. President, following probably had not read that book in 35 ate—a reverence the Senate always re- leader remarks, the Senate will turn to or 40 years, but he knew that. What a turned to him and now to his memory. a period of until 3 mind. It was really stunning, the man’s With ROBERT BYRD’s passing, Amer- p.m., with Senators permitted to speak memory. ica has lost its strongest defender of its for up to 10 minutes each. Following The head of the political science de- most precious traditions. It now falls leader remarks, the Senate will resume partment at the University of Nevada to each of us to keep that flame burn- consideration of the motion to proceed at Las Vegas, Andy Tuttle, taught a ing. to H.R. 5297, the small business jobs graduate course, based on Senator Throughout one of the longest polit- bill. At 5 p.m., the Senate will proceed BYRD’s lectures on the Roman Empire. ical careers in history, no one in West to and debate the He gave 10 lectures here on the Sen- Virginia ever defeated ROBERT BYRD in nomination of Gary Feinerman to be a ate floor on the fall of the Roman Em- a single election. In Washington, his Federal judge—that will be until 5:30— pire. He gave a lecture because he was fellow Democrats twice elected him to with the time equally divided and con- concerned because of the line-item lead us when we were in the majority trolled between Senators LEAHY and , and he felt the line-item veto and once more when we were in the mi- SESSIONS or their designees. There will would be the beginning of the end of nority. Having seen both sides, he be a series of two rollcall votes at 5:30. the Senate. He proceeded to give 10 lec- knew better than most that legislating The first vote will be on the motion to tures on that on the Senate floor, is the art of compromise. Many years invoke on the motion to pro- every one of them from memory—every ago, in this Chamber where he served ceed to the small business jobs bill. one of them from memory. Timed just longer than any other Senator, Senator The second vote will be on the con- perfectly. They ended in 1 hour. That is BYRD taught a heartfelt history lesson firmation of the Feinerman nomina- how much time he had been given. The to guide our future. It was a lesson tion. original Roman Emperors served for 1 about both the Constitution and this I suggest the absence of a quorum. year. He could do it from memory. He institution. He said: The PRESIDING OFFICER (Mr. knew who they were, how long they This very charter of government under BEGICH). The clerk will call the roll. served, knew how to spell their which we live was created in a spirit of com- The assistant legislative clerk pro- names—truly an unbelievably brilliant promise and mutual concession. And it is ceeded to call the roll. man. only in that spirit that continuance of this Mr. MCCONNELL. I ask unanimous He is the only person who earned his charter of government can be prolonged and consent that the order for the quorum law degree while he was a Member of sustained. call be rescinded.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5467 The PRESIDING OFFICER. Without speech is probably what the first think that portrait pretty well sums up objection, it is so ordered. amendment was all about initially. So the image Senator BYRD wanted to f Senator BYRD did change his position. leave of himself. It is the image of a There was not a vote to spare, and the dignified man, in the classical mold, RECOGNITION OF THE MINORITY amendment was defeated. And from my supported by three things: the Bible, LEADER point of view, the first amendment was the U.S. Constitution, and his wife. A The PRESIDING OFFICER. The mi- saved on that important occasion. lot of people looked at Senator BYRD’s nority leader is recognized. We will all remember Senator BYRD record-long tenure in Congress, his im- f for a variety of different things. As the mense knowledge of poetry, history, REMEMBERING SENATOR ROBERT majority leader pointed out, he was a and the Senate, and wondered where he C. BYRD unique individual in so many different got the strength. With this painting, he ways. Those are two of my favorite sto- gave us the answer. He showed us the Mr. MCCONNELL. Mr. President, I ries about ROBERT BYRD. anchors. too wish to say a few words about our More than anyone else in any of our As I noted at that ceremony, Senator departed colleague. The first thing to lifetimes, ROBERT BYRD embodied the BYRD once wrote that if the question say is that we are sorry, first and fore- Senate. He not only wrote the book on was whether to be loved or respected, most, to the family and also to the it, he was a living repository of its he always chose to be respected. Yet staff of Senator BYRD for their loss. rules, its customs, and its prerogatives. his real accomplishment is that, in the The next thing to say is that it is a sad So it would be a mistake to think that end, he managed to be both. day for the Senate. Everybody who has Senator BYRD became synonymous So I join my colleagues, my fellow been here for a while has a few ROBERT with the Senate simply because he Americans, the people of West Vir- BYRD stories. A couple come to mind I served in it longer than anybody else. ginia, and the Byrd family today in re- thought I would share. Rather, it was a fitting coincidence membering our colleague. We will sure- Along with Senator REID and Senator that a man who cherished and knew ly miss him. DODD, who were here on the floor ear- this place so well would become its I yield the floor. lier, Senator BYRD, in the early part of longest serving Member. The PRESIDING OFFICER. The Sen- the decade, responded to my request to Yet it is probably true that he will be ator from West Virginia. come down to the University of Louis- remembered above all for his lon- Mr. ROCKEFELLER. Mr. President, ville, my alma mater, to speak to the gevity. students and to a broader audience. At Everyone seems to have a different on this day, West Virginia has lost his age and particularly given the fact way of communicating just how long a probably its most prominent son and that I was a member of the opposition time he spent here. For me, it is the Senate has lost probably its most able statesman. For myself, I have lost party, there was, frankly, no particular enough to note that ROBERT BYRD had reason for him to do that. But he did already spent nearly 20 years serving in an admired colleague and a treasured and made an extraordinary impression elected office in West Virginia and in friend. More than nine decades of a re- on the students and inconvenienced the House of Representatives before he markable life and five decades as an ac- himself on my behalf, which I always was elected to the U.S. Senate during complished public servant in the Sen- appreciated. the Eisenhower administration. ate only serve as one form of proof that My second—and really my favorite— And over the years, he would walk ROBERT C. BYRD was and always will be recollection of Senator BYRD, I found the floor with 4 future Presidents, 4 of an icon, particularly in his own State. myself a few years ago in a curious po- the 12 he would serve alongside in a 57- A man of great character, faith, intel- sition, at variance with virtually ev- year career in Congress. I won’t enu- lect, who rose to the heights of power, erybody on my side of the aisle. I had merate all the legislative records Sen- yet never forgot where he came from, his story holds such a profoundly sig- reflexively, as I think many Members ator BYRD held, but I would venture to had, responded negatively to a decision say that the figure that probably made nificant place in both West Virginia of the U.S. Supreme Court in the late him proudest of all was the nearly 70 and American history. But it was in 1980s essentially holding that flag years of marriage he spent with a coal the coalfields of southern West Vir- burning was a permissible first amend- miner’s daughter named Erma. ginia where a young ROBERT C. BYRD ment expression of political speech. If he was synonymous with the Sen- first gained the skills, the moral char- The first time that amendment came ate, he was no less synonymous with acter, the toughness, and the shrewd- before the Senate, I voted for it. Then West Virginia. Here is how popular ness that would make him a truly I began to have some pangs of discom- ROBERT BYRD was in his home State: In great man. fort about my position. Having spent a the year ROBERT BYRD was first elected After his mother passed away, he was good portion of my political career fo- to the U.S. Senate, 1958, he won with 59 raised by his aunt and uncle, a cusing on political speech and the first percent of the vote, a margin that most coalminer, he movingly called ‘‘the amendment, I, frankly, decided I was people around here would consider a most remarkable man I have ever been wrong and in subsequent votes have op- landslide. In a record 9 Senate elec- privileged to know.’’ From them Sen- posed it. tions, it was the smallest margin of ator BYRD learned early in life what it A few years ago, it became clear it victory he would ever get. meant to be loyal, to have a ferocious was going to be defeated in the Senate Members will offer tributes of their work ethic, really almost beyond by the narrowest of margins. I remem- own in the coming days. imagination, and possess a deep faith bered that Senator BYRD was always I will close with this. Last year, in in God. And it was these values—these carrying around a Constitution in his becoming the longest serving Member innately West Virginia values, I pocket and had a feeling that upon re- of Congress in history, Senator BYRD argue—that guided his every action flection, he might reach the same con- surpassed another legendary figure, and made him such a unique and strong clusion I did. So I lobbied Senator Carl Hayden of Arizona. Hayden was fighter for our State and who got such BYRD. I thought initially it would be a known to many as the ‘‘silent Sen- joy in doing that fight. futile act, but he reexamined his posi- ator,’’ a phrase few would use to de- He was proud of West Virginia. He tion. As a result, he too changed his scribe Senator BYRD. was proud of his ideals. He was proud of position, and as it turns out, there was But what the two men shared was a the service he could render to the peo- not a vote to spare the last time the devotion to the United States and, in ple from whom he came. He believed Senate considered whether it would be particular, to the legislative branch of with all of his heart that our breath- appropriate to amend the first amend- our Government, which the founders taking mountains, our rivers, and our ment for the first time in the history envisioned and established as coequal deep valleys, and especially our well- of the country to kind of carve a niche with the other two. rooted people, who face adversity al- out of it to make it possible to punish A few years ago, Senator BYRD’s offi- ways and face it with strength and an act we all find despicable. But, nev- cial portrait was unveiled at an event courage, make our State a place like ertheless, the most unfortunate of in the Old Senate Chamber. And I quite none other in the world.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5468 CONGRESSIONAL RECORD — SENATE June 28, 2010 He loved the music of the mountains joy—pure, unadulterated—to his life. equality of the three branches of gov- and played his fiddle, in fact, very bril- So with sadness in my heart, I also ernment as envisioned by our Founding liantly. He was a master violin player. have joy at the thought of my friend Fathers, and he, therefore, helped us as He loved to quote the ancients, lending united with his precious Erma, with his a body be more than our separate depth to his analysis and observations, dear grandson he lost at a young age. parts. He spread the words of our Con- with knowledge of history and philos- And we all know, those of us who have stitution to young children and his col- ophy to rival any professor. Just as been here for several years, the agony leagues alike. His patriotism was easily as he could quote Cicero from he went through at the death of that strong and confident, infusing his memory, he could sing every verse of young man, setting up a shrine in his every action with deep devotion for our ‘‘Amazing Grace’’ from memory, too, office. It affected him deeply. It was in- Nation and its people. and often did. teresting that a man who could be so A Senator from a State that has sent Everything about Senator BYRD was oriented toward policy, and sometimes legions of sons and daughters to war— a testament to his faith in God. This almost remote from personal matters, man, who wrote and debated countless out of courage, out of love of country, as a professional self-definition, could sometimes just out of a need to get laws, lived with 10 clear Command- be so utterly moved by sadness in his ments in his heart. His aunt and uncle work—he supported our troops whether own life and I think in the lives of oth- he agreed with their cause or not, kept the King James Bible in their ers. home and instilled in him an enduring It was in the Halls of the U.S. Senate fought for our veterans, and worked reverence for God. He always remem- where ROBERT C. BYRD became known hard to make sure those who served bered that as important as the Senate as the ‘‘Soul of the Senate,’’ a fierce our country got the respect, the sup- and our constitutional government defender of the Constitution, a re- port, the supplies they needed and they might be, there was always a higher spected historian, and an absolutely deserved. law that took precedence. fearless legislator. He held, as has been He also earned the loyalty of West He started his career humbly by any said many times before, more leader- Virginians with a record of support for definition—as a butcher, as a welder, ship posts than any other Senator, cast education and economic opportunity other things too—and then campaigned more votes than any other Senator, that few Senators, at any time, in any by playing his foot-stomping music, and served longer than any other Sen- State, in my judgment, could ever the fiddle, to get elected to the West ator. And one could go on in many match. To him, every school building Virginia Legislature—that is how he ways in that theme. He literally wrote or education grant was a chance for a did it—the very same body that dec- the authoritative book on the rules and better life for some West Virginia child ades later would deem him the ‘‘West procedures of the Senate. He taught all or maybe quite a lot of children. He Virginian of the 20th Century.’’ of us who were freshmen in this body cared about that, and he helped that It was at Mark Twain High School about that in classes which he would become true. where a lifetime of love first began for conduct standing in the well of the Every overpass, every road rep- ROBERT C. BYRD and his future wife, Senate. He loved and he revered this Erma Ora James. Calling her the ‘‘wind resented an opportunity for a more dy- institution. Everybody says that. It is namic economy for our cities and beneath this BYRD’s wings,’’ as he put true. towns, which might be taken casually it, Senator BYRD was never shy to tell Some people pass through this insti- you that Erma—a beloved coal miner’s in some places but not in West Virginia tution. They experience this institu- because only 4 percent of our land is daughter herself—was the reason he tion. He lived this institution. Yet, reached all of his goals. He believed flat, and unless there is a road or a still, his entire career was fundamen- bridge, you cannot build anything any- that with all of his heart. So from the tally an act of commitment to the fiddle-playing young man to a history- where or virtually do anything any- State of West Virginia and its people— where. Every business park or govern- making American icon, she loved and a day-in and day-out effort to do the supported him every step of the way ment office meant the possibility of a best he possibly could for the people of better job for West Virginians trying to until her passing in 2006. the Mountain State; always put upon, I know and I observed maybe earlier raise their families—people he fought often looked down upon, even disdained for all his life. than some that Senator BYRD lost just by others who did not understand a bit when Erma died. Watching him where they came from, what their lives Senator BYRD also believed health hurting was painful. His wife died from were like, and, for example, what it care is one of the most important ways the same disease my mother died from; was like to be a coal miner. People do to strengthen a community, and his that is, Alzheimer’s, and we talked not understand West Virginia well. support for medical research resulted about it, especially a few years ago Most people do not go there. Senator in breakthrough medical opportunities. when he was talking more frequently. I BYRD sprung from West Virginia and, He spread this research all across West always felt bad that I could not give yes, was an intensely devoted states- Virginia, to West Virginia University, him comfort and that I could not say man. to Marshall University, to institutions something to him that would relin- He put himself through law school of all kinds. He believed in medical re- quish his pain, which was evident and while also serving in Congress. I know search and did more than most of our obvious—very obvious in privacy. But I a few others have done that, but I just colleagues even know. could not do that because you cannot sort of deny that. I think it is amazing So in a State with rugged terrain, do that for diseases like that one. that Senator BYRD did that; therefore, full of people like the family who There were not words to describe the any others who did it do not get my at- raised him, doing their best for their difficulty such a devastating loss can tention. family, for their country, for their God, bring, and I commend my friend for He understood that people with the ROBERT C. BYRD decided that somebody continuing on so strongly—as he did— fortitude to ask questions and to de- needed to do the best for them, and he for so long. bate and to dissent one from another did so each and every day of his life. Erma was his soulmate, his best makes America stronger. He had that friend and trusted counselor. Their courage himself, standing up time and To me, he was a perfect colleague and marriage was something to behold. My time again to defend the ideals upon a reliable friend, a walking example of wife Sharon and I loved watching them which our Nation was founded. And the kind of America I believe in, and a together. He became a different person. often those ideas were very different living testament to the values that They radiated an extraordinary faith from those of others. No matter with made West Virginia my own home for- ever. It has been my greatest privilege in God, in each other, and in the beau- Senator BYRD; he always spoke for tiful family they built together, which what he felt was correct. to serve with ROBERT C. BYRD in the in the end was what he loved the most. As the minority leader has pointed U.S. Senate. I respected him and I Indeed, it was the time ROBERT C. BYRD out, the Senator always had the Con- fought side-by-side with him for causes spent with Erma; their daughters, stitution in his pocket, close to his we both believed in, and obviously I am Mona and Marjorie, their husbands, heart. And he outlasted Presidents and profoundly saddened that he is gone. and their grandchildren and their Supreme Court Justices. He served So in closing, Mr. President, I think great-grandchildren that brought sheer with an absolute insistence on the he leaves a void that probably cannot

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Yea, when this flesh and heart shall fail, Member of the Senate who was there If you travel the State of West Vir- And mortal life shall cease, that day when I first arrived as a page ginia today, you will see his name on I shall possess within the veil, in the summer of 1961 when all these schools and bridges and highway signs. A life of joy and peace. chairs were filled by 100 Senators. For You will perceive his influence when I think that gives all of us some com- the last 25 years, I have sat next to him you see the government buildings and fort. It certainly does me. at this very seat to be the recipient of research laboratories he brought to So peace and Godspeed, Senator his good counsel, his advice, his humor, West Virginia—investments that con- BYRD, and peace to your family, your his contributions in so many ways to tributed both to the State and to our loyal staff, and to the loving people of me, as he was to so many others with national economy and to our Nation. West Virginia, who held you high for so whom he served during his tenure in But don’t just look for his name on the long and will continue to do so. the Congress. sides of buildings or overpasses. Listen I thank the Chair and yield my time. So this is a very poignant day, one for it in the appreciative words of his that begins, in a sense, a sense of book- constituents, his extended family, and f marks to me and a sense of public life. of a grateful nation for his service. RESERVATION OF LEADER TIME It won’t be the same for the remaining No State has ever had such a deep ap- The PRESIDING OFFICER. Under 6 or 7 months of my tenure here to not preciation for the Senate Appropria- the previous order, the leadership time have this wonderful human being, ROB- tions Committee because no State has is reserved. ERT C. BYRD, as my seatmate in the ever had such an effective appropriator Senate. and fighter. ROBERT C. BYRD came to f So I rise today to mark the passing Congress with my father, as I pointed MORNING BUSINESS and to celebrate the prolific life of out, in January of 1953, and they both ROBERT C. BYRD of West Virginia. As I arrived on the same day as they had in The PRESIDING OFFICER. Under have said to his family and to his staff, the House, on January 3 of 1959. In the the previous order, there will now be a and, of course, to the people of West summer of 1961, I mentioned I was a period of morning business until 3 p.m., Virginia, for whom he has been such a Senate page sitting on the Senate with Senators permitted to speak champion throughout his public life, floor. I still remember the eloquent therein for up to 10 minutes each. ROBERT BYRD loved three things above speeches of the freshman Senator from The Senator from Connecticut. all else during the 30 years we spent to- West Virginia. Mr. DODD. Mr. President, I see my gether in this Chamber. He loved his It is incredible to imagine that he friend from Tennessee. I presume we wife Erma, he loved the State of West was once a freshman Senator. Even are kind of going back and forth. The Virginia, and he loved deeply the Sen- then, he had the same gentlemanly Senator is in leadership. I do not ate. I might say that each in turn loved manner; he was kind to pages, as I re- want—— him back. call, the same knack for triumphant Mr. ALEXANDER. Mr. President, I Our sadness at his passing is tem- oratory, and the same respect for the would like to leave by 3, but I will be pered by our joy that he now joins his rules and traditions of the Senate. But glad to defer to the Senator from Con- beloved Erma. What a love story it he soon became a fixture and a mentor necticut if he would like to go ahead. was. They met in grade school. They to new Senators as well. I expect that Mr. DODD. I thank my colleague. I married in 1937, well before I was even over the next few days many Senators will not be long. born. They spent nearly 70 years on an will take this floor with a Constitution Mr. President, are we in morning incredible journey together, and even in their pockets, as I do, that they re- business? Is that correct? after passing a few years ago, his love ceived from ROBERT C. BYRD. Here is The PRESIDING OFFICER. That is for her was apparent in everything he my tattered and rather worn copy correct. did. signed by ROBERT C. BYRD: ‘‘To my f In 1946, when ROBERT BYRD first ran friend, Chris Dodd, with great personal for office, West Virginia ranked at the esteem. Sincerely, Robert C. Byrd.’’ I REMEMBERING SENATOR ROBERT bottom in nearly every economic indi- have carried this with me every day of C. BYRD cator you could possibly think of. It my life for the last quarter of a cen- Mr. DODD. Mr. President, let me was a bleak landscape pockmarked by tury, given to me by my colleague in begin by expressing my deep sorrow coal fields and populated by hard-work- this Chamber, along, I might add, with and my condolences to ROBERT C. ing people from hardscrabble back- a stern but kind lecture about Senate BYRD’s family. And that family in- grounds and communities struggling to protocol. I have mine right here, as I cludes, obviously, not only his direct, make ends meet. said. It is a tattered and withered copy, immediate family but obviously the Then a young grocer from the town after this many years. literally legions of people who worked of Sophia arrived on the scene, asking For the past quarter of a century I for ROBERT C. BYRD—worked with him his neighbors in those communities have occupied some prime real estate in both the House of Representatives around Sophia for their votes in his on the floor of the Senate. This desk and this body for the more than five race for the West Virginia House of right next to me today, adorned with decades he served in the U.S. Congress. Delegates. As these flowers and this black cape, I suspect I am one of a handful of noted in its obituary this morning, marks the seat ROBERT C. BYRD sat in people left who remember the day when ROBERT C. BYRD met nearly every per- for many years. As have all of us, I I was 7 years old, in the gallery of the son—I would suspect every person—in have been awed by his deep knowledge House of Representatives, watching my his district, campaigning alone, with of this institution and his deeper com- father be sworn in as a new Congress- no one else, talking about the issues he mitment to preserving its place in our man, watching my father and a young cared about and those that would af- legislative system. 34-year-old West Virginian named ROB- fect and did affect the people he wanted So, in many ways, ROBERT BYRD’s ERT C. BYRD to be sworn in as a Mem- to represent; and when all else failed, story is one of constancy, of preserva- ber of the House on January 3, 1953. wowing potential voters with his fiddle tion, and of tradition. You could define Seven years later, at the age of 14, I prowess. his life by longevity, I suppose—his 69 was in the gallery of this Chamber He won that election, as he would years of marriage, his 52 years of serv- when I watched my father and his every single election—every single ice in the Senate, his 64 years of public great friend be sworn in together on election for which he ever ran. The peo- service to the people of West Virginia. January 3, 1959, as Members of the Sen- ple of West Virginia never could say no But he wouldn’t have wanted it that ate. Two years later, as a 16-year-old to ROBERT C. BYRD, and he could never way. This country has changed over

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He did not want many years—the story of a nation on a the Senate in those 4 years when Sen- our country to become a United Na- long and difficult journey, always try- ator Baker was the majority leader and tions, but always to be the United ing to seek that more perfect union Senator BYRD was the minority leader. States of America. He wanted us to be that our Founders described more than They operated the Senate during that proud of where we came from, but two centuries ago. time under an agreement where Sen- prouder to be American. He wouldn’t have wanted us to forget ator BYRD was careful to try to give We will especially miss Senator about the positions and affiliations every Senator the right of amendment. BYRD’s love of and understanding of that marked the early part of his life He thought that was very important. the Senate. One of the most special oc- and career, and he did not as well. We In return, Senator BYRD was able to casions I ever experienced was the op- should learn from our mistakes, as he get unanimous consent agreements on portunity as a freshman Senator in amendments that many Senators did, draw inspiration from his journey, 2003 to attend an indoctrination, one thought were frivolous or unnecessary and credit him, I might add, for being might say—or orientation would be the or not germane, which permitted him willing to admit wrong and embrace proper description—on what it means and Senator Baker to have a fairly or- right when he had the opportunity to to be a Senator. Senator BYRD began derly management of the Senate dur- do so, because, like our country, ROB- by saying: ‘‘You are presently occu- ing that time. ERT C. BYRD grew wiser as he grew pying what I consider to be hallowed Senator MCCONNELL a few minutes older. ago talked about the time Senator ground.’’ So we can remember him not only as BYRD reexamined the Constitution and I wish to ask unanimous consent to a tremendously effective legislator, not changed his mind on the first amend- have printed in the RECORD following only as a powerful speaker, not only as ment and flag burning. Senator BYRD my remarks the remarks of Senator a parliamentary wizard, but also as a and Senator Baker during that time BYRD at the orientation of new Sen- human being who fought for equality both read David McCullough’s book ators on December 3, 1996. with the true sense of urgency of a con- and changed their minds on the Pan- The PRESIDING OFFICER. Without vert. He was a man unafraid of reflec- ama Canal Treaty, at great political objection, it is so ordered. tion, a man who voted to make Martin cost to both of them. I bring this up (See exhibit 1.) Luther King’s birthday a Federal holi- today because I never saw Senator Mr. ALEXANDER. Senator BYRD day because, as he put it—I remember BYRD, after I was elected to the Senate served long enough to know that, as he him saying it so well—‘‘I’m the only a few years ago, when he did not ask put it: one who must vote for this bill.’’ me about his friend and colleague How- As long as the Senate retains the power to Here was a man unafraid of progress, ard Baker. amend and the power of unlimited debate, a man who, in one of his final acts in We will miss Senator BYRD’s fiddling the liberties of the people will remain se- the Senate, voted to overturn the don’t and his love of mountain music. He cure. ask, don’t tell rule in our military. campaigned in Tennessee a long time He believed that when he was lec- Here was a man unafraid of conscience, ago for Albert Gore, Sr. who was run- turing Republicans in 2005 who were a man who, as the guns of war prepared ning for the Senate and who also trying to change the rules when there to fire in 2003, delivered one of his- played the fiddle. Senator BYRD played was a controversy about President tory’s most courageous and memorable the fiddle at the Grand Ole Opry in Bush’s appointees to the Federal judi- pleas for peace. Nashville and came back to Nashville ciary, and he said the same thing to So let us not remember ROBERT C. in October of 2008 and sang along with young Democrats who grew impatient BYRD for how much he stayed the same a group of fiddlers who were playing this year and wanted to change the throughout his life. Let us remember songs at his request. I went over there rules to limit unlimited amendment him for how the years changed him, with him. He knew all the songs and all and unlimited debate. and how he changed America for the the fiddlers knew him. A few days later Perhaps his last Senate appearance better through so many years of his I came to him on the Senate floor and was before the Rules Committee on service. talked to him about an old mountain May 19, 2010, where his opening state- Let us remember him as West Vir- song called ‘‘Wreck on the Highway’’ ment on the filibuster and its con- ginia’s greatest champion, the Senate’s that Roy Acuff made famous in the sequences warned against a rules gentlemanly scholar, Erma’s husband, 1930s or 1940s, and Senator BYRD began change. and above all, a true friend to each and to sing the song—he knew all the I ask unanimous consent to have every one of us who knew and loved words—so loudly that the staff was him so well. that statement printed in the RECORD afraid the galleries would all notice it. following my remarks. Mr. President, I yield the floor. We will miss his love of United The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- States history, not just any United objection, it is so ordered. ator from Tennessee. States history, but in his words ‘‘tradi- Mr. ALEXANDER. Mr. President, I tional American history.’’ He was the (See exhibit 2.) see the Senator from Pennsylvania and of the Teaching Traditional Mr. ALEXANDER. Mr. President, I I would ask through the Chair—I plan American History Program, which is was 12 years old when Senator ROBERT to speak for about 5 minutes. Does that part of the Elementary and Secondary BYRD was elected to the House of Rep- leave him time to make remarks? Education Act. He has provided nearly resentatives. I was a senior in Mary- The PRESIDING OFFICER. The Sen- $600 million to 1,000 local school dis- ville, TN, when he was elected to the ator from Tennessee. tricts to improve the professional de- Senate. When I came here as a Senate Mr. ALEXANDER. Mr. President, in velopment of American history teach- aide 42 years ago, he had just been 1981, after a surprising election, the Re- ers. He and the late Senator Kennedy elected to his second term and was publican leader, Howard Baker, became and I were working on a piece of legis- working his way up the party leader- the majority leader of the Senate, and lation which we have introduced to ship. the Democratic leader, ROBERT C. consolidate all the Federal programs He was an imposing man. He had a BYRD, became the minority leader. that support the teaching of U.S. his- wonderful photographic memory. But, According to Senator Baker, he tory, hoping that our children can after one got to know him especially, walked to Senator BYRD’s office and grow up learning what it means to be he was a kind man. said to him: BOB, I will never know the an American. All of us can be replaced, but it is Senate rules as well as you do, so I will Senator BYRD is also responsible for fair to say the Senate will never be the make you an offer. I will not surprise the celebration of September 17 as Con- same place without ROBERT C. BYRD. you if you will never surprise me. stitution Day and Citizenship Day. I yield the floor.

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EXHIBIT 1 Let us clearly understand one thing. The mined to filibuster until his views were ac- REMARKS BY U.S. SENATOR ROBERT C. BYRD Constitution’s Framers never intended for commodated or at least seriously considered. AT THE ORIENTATION OF NEW SENATORS, DE- the Senate to function like the House of Rep- The Senate is often soundly castigated for CEMBER 3, 1996 resentatives. That fact is immediately ap- its inefficiency, but in fact, it was never in- Good afternoon and welcome to the United parent when one considers the length of a tended to be efficient. Its purpose was and is States Senate Chamber. You are presently Senate term and the staggered nature of to examine, consider, protect, and to be a to- occupying what I consider to be ‘hallowed Senate terms. The Senate was intended to be tally independent source of wisdom and judg- ground.’ a continuing body. By subjecting only one- ment on the actions of the lower house and You will shortly join the ranks of a very third of the Senate’s membership to reelec- on the executive. As such, the Senate is the select group of individuals who have been tion every two years, the Constitution’s central pillar of our Constitutional system. I honored with the title of United States Sen- framers ensured that two-thirds of the mem- hope that you, as new members will study ator since 1789 when the Senate first con- bership would always carry over from one the Senate in its institutional context be- vened. The creator willing, you will be here Congress to the next to give the Senate an cause that is the best way to understand for at least six years. enduring stability. your personal role as a United States Sen- Make no mistake about it, the office of The Senate and, therefore, Senators were ator. Your responsibilities are heavy. Under- United States Senator is the highest polit- intended to take the long view and to be able stand them, live up to them, and strive to ical calling in the land. The Senate can re- to resist, if need be, the passions of the often take the long view as you exercise your du- move from office Presidents, members of the intemperate House. Few, if any, upper cham- ties. This will not always be easy. Federal judiciary, and other Federal officials bers in the history of the western world have The pressures on you will, at times, be but only the Senate itself can expel a Sen- possessed the Senate’s absolute right to un- enormous. You will have to formulate poli- ator. limited debate and to amend or block legis- cies, grapple with issues, serve the constitu- Let us listen for a moment to the words of lation passed by a lower House. ents in your state, and cope with the media. James Madison on the role of the Senate. Looking back over a period of 208 years, it A Senator’s attention today is fractured be- ‘These [reasons for establishing the Sen- becomes obvious that the Senate was in- yond belief. Committee meetings, breaking ate] were first to protect the people against tended to be significantly different from the news, fundraising, all of these will demand their rulers: secondly to protect the people House in other ways as well. The Constitu- your attention, not to mention personal and against the transient impression into which tional Framers gave the Senate the unique family responsibilities. But, somehow, they themselves might be led. [through their executive powers of providing advice and amidst all the noise and confusion, you must representatives in the lower house] A people consent to presidential nominations and to find the time to reflect, to study, to read, deliberating in a temperate moment, and treaties, and the sole power to try and to re- and, especially, to understand the absolutely with the experience of other nations before move impeached officers of the government. critically important institutional role of the them, on the plan of government most likely In the case of treaties, the Senate, with its Senate. to secure their happiness, would first be longer terms, and its ability to develop ex- May I suggest that you start by carefully aware, that those charged with the public pertise through the device of being a con- reading the Constitution and the Federalist happiness, might betray their trust. An obvi- tinuing body, has often performed invaluable papers. In a few weeks, you will stand on the ous precaution against this danger would be service. platform behind me and take an oath to sup- to divide the trust between different bodies I have said that as long as the Senate re- port and defend the Constitution of the of men, who might watch and check each tains the power to amend and the power of United States against all enemies, foreign other. . . . It would next occur to such a peo- unlimited debate, the liberties of the people and domestic; to bear true faith and alle- ple, that they themselves were liable to tem- will remain secure. giance to the same; and take this obligation porary errors, through want of information The Senate was intended to be a forum for freely, without any mental reservation or as to their true interest, and that men cho- open and free debate and for the protection purpose of evasion; and to well and faithfully sen for a short term, [House members], . . . of political minorities. I have led the major- discharge the duties of the office on which might err from the same cause. This reflec- ity and I have led the minority, and I can you are about to enter: So help you God.’ tion would naturally suggest that the Gov- tell you that there is nothing that makes Note especially the first 22 words, ‘I do sol- ernment be so constituted, as that one of its one fully appreciate the Senate’s special role emnly swear that I will support and defend branches might have an opportunity of ac- as the protector of minority interests like the Constitution of the United States quiring a competent knowledge of the public being in the minority. Since the Republican against all enemies foreign and domestic interests. Another reflection equally becom- Party was created in 1854, the Senate has . . .’ ing a people on such an occasion, would be changed hands 14 times, so each party has In order to live up to that solemn oath, one that they themselves, as well as a numerous had the opportunity to appreciate firsthand must clearly understand the deliberately es- body of Representatives, were liable to err the Senate’s role as guardian of minority tablished inherent tensions between the 3 also, from fickleness and passion. A necessary rights. But, almost from its earliest years branches, commonly called the checks and fence against this danger would be to select a the Senate has insisted upon its members’ balances, and separation of powers which the portion of enlightened citizens, whose limited right to virtually unlimited debate. framers so carefully crafted. I carry a copy number, and firmness might seasonably inter- When the Senate reluctantly adopted a clo- of the Constitution in my shirt pocket. I pose against impetuous councils. [emphasis ture rule in 1917, it made the closing of de- have studied it carefully, read and reread its added] bate very difficult to achieve by requiring a articles, marveled at its genius, its beauty, Ladies and gentlemen, you are shortly to super majority and by permitting extended its symmetry, and its meticulous balance, become part of that all important, ‘nec- post-cloture debate. This deference to minor- and learned something new each time that I essary fence,’ which is the United States ity views sharply distinguishes the Senate partook of its timeless wisdom. Nothing will Senate. Let me give you the words of Vice from the majoritarian House of Representa- help you to fully grasp the Senate’s critical President Aaron Burr upon his departure tives. The Framers recognized that a minor- role in the balance of powers like a thorough from the Senate in 1805. ‘This house,’ said he, ity can be right and that a majority can be reading of the Constitution and the Fed- ‘is a sanctuary; a citadel of law, of order, and wrong. They recognized that the Senate eralist papers. of liberty; and it is here—it is here, in this should be a true deliberative body—a forum Now I would like to turn for a moment to exalted refuge; here, if anywhere, will resist- in which to slow the passions of the House, the human side of the Senate, the relation- ance be made to the storms of political hold them up to the light, examine them, ship among Senators, and the way that even phrensy and the silent arts of corruption; and, thru informed debate, educate the pub- that faced of service here is, to a degree, gov- and if the Constitution be destined ever to lic. The Senate is the proverbial saucer in- erned by the constitution and the Senate’s perish by the sacrilegious hand of the dema- tended to cool the cup of coffee from the rules. gogue or the usurper, which God avert, its House. It is the one place in the whole gov- The requirement for super majority votes expiring agonies will be witnessed on this ernment where the minority is guaranteed a in approving treaties, involving cloture, re- floor.’ Gladstone referred to the Senate as public airing of its views. Woodrow Wilson moving impeached federal officers, and over- ‘that remarkable body—the most remark- observed that the Senate’s informing func- riding vetoes, plus the need for unanimous able of all the inventions of modern politics.’ tion was as important as its legislating func- consent before the Senate can even proceed This is a very large class of new Senators. tion, and now, with televised Senate debate, in many instances, makes bipartisanship and There are fifteen of you. It has been sixteen its informing function plays an even larger comity necessary if members wish to accom- years since the Senate welcomed a larger and more critical role in the life of our na- plish much of anything. Realize this. The group of new members. Since 1980, the aver- tion. campaign is over. You are here to be a Sen- age size class of new members has been ap- Many a mind has been changed by an im- ator. Not much happens in this body without proximately ten. Your backgrounds vary. passioned plea from the minority side. Im- cooperation between the two parties. Some of you may have served in the Execu- portant flaws in otherwise good legislation In this now 208-year-old institution, the tive Branch. Some may have been staffers have been detected by discerning minority positions of majority and minority leaders here on . Some of you have never members engaged in thorough debate, and have existed for less than 80 years. Although held federal office before. Over half of you important compromise which has worked to the positions have evolved significantly have had some service in the House of Rep- the great benefit of our nation has been within the past half century, still, the only resentatives. forged by an intransigent member deter- really substantive prerogative the leaders

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True filibusters were therefore less rules, and germaneness, except when cloture evening star in the American constitutional frequent, and more commonly discouraged, has been invoked, and become well ac- constellation. It has had its giants and its due to every Senator’s understanding that quainted with the workings of unanimous little men, its Websters and its Bilbos, its such undertakings required grueling per- consent agreements. Those of you who took Calhouns and its McCarthys. It has been the sonal sacrifice, exhausting preparation, and the trouble to learn Deschler’s Procedure stage of high drama, of comedy and of trag- a willingness to be criticized for disrupting will now need to set that aside and turn in edy, and its players have been the great and the nation’s business. earnest to Riddick’s Senate Procedure. the near-great, those who think they are Now, unbelievably, just the whisper of op- Senators can lose the Floor for trans- great, and those who will never be great. It position brings the ‘‘world’s greatest delib- gressing the rules. Personal attacks on other has weathered the storms of adversity with- erative body’’ to a grinding halt. Why? members or other blatantly injudicious com- stood the barbs of cynics and the attacks of Because this once highly respected institu- ments are unacceptable in the Senate. Again critics, and provided stability and strength tion has become overwhelmingly consumed to encourage a cooling of passions, and to to the nation during periods of civil strife by a fixation with money and media. Gone are the days when Senators Richard promote a calm examination of substance, and uncertainty, panics and depressions. In Russell and Lyndon Johnson, and Speaker Senators address each other through the war and in peace, it has been the sure refuge Sam Rayburn gathered routinely for work- Presiding Officer and in the third person. Ci- and protector of the rights of the states and ing weekends and couldn’t wait to get back vility is essential here for pragmatic reasons of a political minority. And, today, the Sen- to their chambers on Monday morning. as well as for public consumption. It is dif- ate still stands—the great forum of constitu- Now every Senator spends hours every day, ficult to project the image of a statesman- tional American liberty!’ throughout the year and every year, raising like, intelligent, public servant, attempting EXHIBIT 2 funds for re-election and appearing before to inform the public and examine issues, if STATEMENT OF SENATOR ROBERT C. BYRD (D– cameras and microphones. Now the Senate one is behaving and speaking in a manner W.VA.), SENATE RULES AND ADMINISTRATION often works three-day weeks, with frequent more appropriate to a pool room brawl than COMMITTEE, MAY 19, 2010 and extended recess periods, so Senators can to debate. You will THE FILIBUSTER AND ITS CONSEQUENCES rush home to fundraisers scheduled months also find that overly zealous attacks on On September 30, 1788, Pennsylvania be- in advance. other members or on their states are always Forceful confrontation to a threat to fili- came the first state to elect its United extremely counterproductive, and that you buster is undoubtedly the antidote to the States senators, one of whom was William will usually be repaid in kind. malady. Most recently, Senate Majority Maclay. In his 1789 journal Senator Maclay Let us strive for dignity. When you rise to Leader Reid announced that the Senate wrote, ‘‘I gave my opinion in plain language speak on this Senate Floor, you will be fol- would stay in session around-the-clock and that the confidence of the people was depart- lowing in the tradition of such men as Cal- take all procedural steps necessary to bring ing from us, owing to our unreasonable houn, Clay, and Webster. You will be stand- financial reform legislation before the Sen- delays. The design of the Virginians and of ing in the place of such Senators as Edmund ate. As preparations were made and cots the South Carolina gentlemen was to talk Ross (KS) and Peter Van Winkle (WEST VIR- rolled out, a deal was struck within hours away the time, so that we could not get the GINIA), 1868, who voted against their party and the threat of filibuster was withdrawn. bill passed.’’ to save the institution of the presidency dur- I heartily commend the Majority Leader Our Founding Fathers intended the Senate for this progress, and I strongly caution my ing the Andrew Johnson impeachment trial. to be a continuing body that allows for open Debate on the Senate Floor demands colleagues as some propose to alter the rules and unlimited debate and the protection of thought, careful preparation and some famil- to severely limit the ability of a minority to minority rights. Senators have understood iarity with Senate Rules if we are to engage conduct a filibuster. I know what it is to be this since the Senate first convened. Majority Leader, and wake up on a Wednes- in thoughtful and informed debate. Addition- In his notes of the Constitutional Conven- ally, informed debate helps the American day morning in November, and find yourself tion on June 26, 1787, James Madison re- a Minority Leader. people have a better understanding of the corded that the ends to be served by the Sen- complicated problems which besiege them in I also know that current Senate Rules pro- ate were ‘‘first, to protect the people against vide the means to break a filibuster. I em- their own lives. Simply put, the Senate can- their rulers, secondly, to protect the people not inform American citizens without exten- ployed them in 1977 to end the post-cloture against the transient impressions into which filibuster of natural gas deregulation legisla- sive debate on those very issues. they themselves might be led . . . They We were not elected to raise money for our tion. This was the roughest filibuster I have themselves, as well as a numerous body of own reelections. We were not elected to see experienced during my fifty-plus years in the Representatives, were liable to err also, from how many press releases or TV appearances Senate, and it produced the most-bitter feel- fickleness and passion. A necessary fence we could stack up. We were not elected to set ings. Yet some important new precedents against this danger would be to select a por- up staff empires by serving on every com- were established in dealing with post-cloture tion of enlightened citizens, whose limited mittee in sight. We need to concentrate, obstruction. In 1987, I successfully used number, and firmness might seasonably Rules 7 and 8 to make a non-debatable mo- focus, debate, inform, and, I hope, engage the interpose against impetuous councils.’’ That tion to proceed during the morning hour. No public, and thereby forge consensus and di- ‘‘fence’’ was the United States Senate. leader has attempted this technique since, rection. Once we engage each other and the The right to filibuster anchors this nec- but this procedure could be and should be public intellectually, the tough choices will essary fence. But it is not a right intended to used. be easier. be abused. Over the years, I have proposed a variety I thank each of you for your time and at- During this 111th Congress in particular of improvements to Senate Rules to achieve tention and I congratulate each of you on the minority has threatened to filibuster al- a more sensible balance allowing the major- your selection to fill a seat in this August most every matter proposed for Senate con- ity to function while still protecting minor- body. Service in this body is a supreme sideration. I find this tactic contrary to each ity rights. For example, I have supported honor. It is also a burden and a serious re- Senator’s duty to act in good faith. eliminating debate on the motion to proceed sponsibility. Members’ lives become open for I share the profound frustration of my con- to a matter (except for changes to Senate inspection and are used as examples for stituents and colleagues as we confront this rules), or limiting debate to a reasonable other citizens to emulate. A Senator must situation. The challenges before our nation time on such motions, with Senators retain- really be much more than hardworking, are far too grave, and too numerous, for the ing the right to unlimited debate on the much more than conscientious, much more Senate to be rendered impotent to address matter once before the Senate. I have au- than dutiful. A Senator must reach for noble them, and yet be derided for inaction by thored several other proposals in the past, qualities—honor, total dedication, self-dis- those causing the delay. and I look forward to our committee work cipline, extreme selflessness, exemplary pa- There are many suggestions as to what we ahead as we carefully examine other sug- triotism, sober judgment, and intellectual should do. I know what we must not do. gested changes. The Committee must, how- honesty. The Senate is more important than We must never, ever, tear down the only ever, jealously guard against efforts to any one or all of us—more important than I wall—the necessary fence—this nation has change or reinterpret the Senate rules by a am; more important than the majority and against the excesses of the Executive Branch simple majority, circumventing Rule XXII minority leaders; more important than all and the resultant haste and tyranny of the where a two-thirds majority is required. 100 of us; more important than all of the 1,843 majority. As I have said before, the Senate has been men and women who have served in this The path to solving our problem lies in our the last fortress of minority rights and free- body since 1789. Each of us has a solemn re- thoroughly understanding it. Does the dif- dom of speech in this Republic for more than sponsibility to remember that, and to re- ficulty reside in the construct of our rules or two centuries. I pray that Senators will member it often. in the ease of circumventing them? pause and reflect before ignoring that his- Let me leave you with the words of the A true filibuster is a fight, not a threatt or tory and tradition in favor of the political last paragraph of Volume II, of The Senate: a bluff. For most of the Senate’s history, priority of the moment.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5473 The PRESIDING OFFICER. The Sen- charges which were levied. He came to about Senator BYRD. He leaves a great ator from Pennsylvania. the conclusion that the constitutional void. But reflecting on the experiences Mr. SPECTER. Mr. President, since standard had been met and then voted I have had with him, there is much to hearing this morning about the passing not guilty—with a sweep on the conclu- celebrate in his life. He was a great of Senator BYRD—he died shortly after sion, a judgment of a higher principle American, a great Senator. We will all 5 a.m.—I have been reflecting on the involved that President Clinton had miss him very much. man I knew. not lost the capacity to govern, and he In the absence of any other Senator Those who have the great privilege to ought to stay in office. on the floor seeking recognition, I sug- serve in the Senate have occasion to I recall in October of 2002 we debated gest the absence of a quorum. meet and interact with great people. the resolution authorizing the use of The PRESIDING OFFICER. Without The expression ‘‘giant’’ is used not too force for President Bush. The resolu- objection, it is so ordered. The clerk frequently about Senators. It certainly tion did not say force would be used will call the roll. would apply to Senator BYRD, but I be- but gave the President the authority to The legislative clerk proceeded to lieve it is insufficient. Searching my use force as he decided it appropriate. call the roll. own mind for a more apt term, ‘‘colos- I was concerned about that. The Mr. BURRIS. Mr. President, I ask sus’’ might better fit ROBERT BYRD. scholars who had written on the sub- unanimous consent that the order for His career in the Congress of the ject for the most part said it would be the be rescinded. United States was extraordinary, real- an inappropriate delegation of con- The PRESIDING OFFICER. Without ly astounding. To think that he was stitutional authority for the Congress objection, it is so ordered. elected in 1952 and was sworn in while to say to the President: You may start Mr. BURRIS. Mr. President, I ask Harry Truman was still President of a war at some future date. unanimous consent to speak as in the United States and has served since The starting of a war depended on morning business. that time, with many things that hap- the facts and circumstances at hand The PRESIDING OFFICER. Without pened, during the administrations of when the decision was made. Senator objection, it is so ordered. President Eisenhower, President Ken- BYRD and I discussed that at some Mr. BURRIS. Mr. President, early nedy, President Johnson, President length and finally concluded there this morning, our country lost an icon Nixon, President Carter, President ought to be some flexibility. Both of us and a national treasure. Our friend and George H.W. Bush, President Ronald voted for that resolution on the ground colleague, Senator ROBERT C. BYRD, be- Reagan before, President George W. that empowering the President without came a legend in his own time. And in Bush, President Clinton, and now authority, we might have the realistic many ways, he came to embody the in- President Obama. chance of avoiding a war. stitution of the Senate. One of the distinctions he made early While serving with Senator BYRD on As a leader, and as a guardian of Sen- on was the fact that in the Senate, we the Appropriations Committee, I recall ate procedure and tradition, Senator serve with Presidents; we do not serve 1 year when he chaired the Appropria- BYRD was without equal. For more under Presidents. I think that was a tions Committee—I think in the late than half a century, he helped shape calling card by Senator BYRD as a con- 1980s—the allocations made were not in federal policy, and guided the course of stitutionalist on the separation of pow- accordance with the budget resolution a nation. ers. He was a fierce fighter for that sep- which had been passed. Some of us on But on the day he was born, in 1917, aration of powers. the Appropriations Committee thought this unique place in history was far When the line-item veto was passed, we ought to have those allocations in from assured. he took up the battle to have it de- accordance with what Congress had set Raised in the coal country of West clared unconstitutional as an en- in the budget resolution. Senator Virginia, few could have predicted that croachment on article I powers in the D’Amato, Senator Kasten, and I staged this intelligent but unassuming young U.S. Congress on appropriations. The a minor revolution. It did not last too man would rise to the very highest lev- bills which we present to the President long. The vote was 26 to 3. But we ex- els of our democracy. He was an avid have a great many provisions, and Sen- pressed ourselves. fiddle player, and valedictorian of his ator BYRD was looking upon the factor I recall hearing Senator BYRD and high school class. But he could not af- of the President perhaps taking some participated in a discussion with him ford to go to college until many years provisions he did not like too well in on the Senate floor about the right to later. So as a young man, he found order to take the whole bill. I am sure retain the floor, whether you could work as a meat cutter, a gas station on Senator BYRD’s mind was the lar- yield to someone or whether you had to attendant, and a store owner. And the gess which came to the State of West have an order of consent before you re- store owner is very dear to me because Virginia. That is part of our Federal tained your right to the floor. Dis- our family were store owners, and I system, part of our democracy, part of cussing or debating Senator BYRD on know how tough that business is. He our Constitution of the advantage of procedural issues was indeed an edu- welded Liberty and Victory ships dur- seniority, where Senator BYRD had cation. He was always regarded as the ing the Second World War, and several been elected and reelected on so many foremost expert on Senate procedure years later entered politics at the occasions. and the rules of this body. State level. I recall Senator BYRD and his swift His service—most recently in coming That is where ROBERT BYRD found his action shortly after the 1986 election. I in ill, in a wheelchair for a series of true calling: public service. was on the Intelligence Committee at cloture votes at 1 a.m.—historians, I He was first elected to the House of that time. Senator BYRD stepped into think, will write about the passage of Representatives in 1952, and has served the picture to see to it that the wit- the comprehensive health care bill and the people of West Virginia in this nesses who testified on what was later the cloture votes and passage in the Chamber since 1958. Over the course of known as the Iran Contra controversy Senate on Christmas Eve early in the his extraordinary career, he worked were placed under oath. He had a sense morning—finally, we had a concession alongside 11 Presidents. He served in that there was a problem that had to we would not vote at 11:59 on Christ- Congress longer than anyone in Amer- be investigated by Congress, again, mas but would vote earlier in the day. ican history, cast more than 18,000 under the doctrine of separation of Even the objectors wanted to leave votes, and was elected to more leader- powers. town. Senator BYRD came here per- ship positions than any other Senator. I recollect his position on the im- forming his duty, although he cer- Most recently, he assumed the role of peachment proceeding as he stood at tainly was not well and it was a tre- President pro tempore of the Senate, this chair and recited the provisions of mendous strain on him. He came and ranking him third in the line of Presi- the Constitution, about the impeach- made the 60th vote. dential succession. At every turn, he ment for high crimes and mis- It is a sad occasion to see a black dedicated himself to the sanctity of our demeanors, and then started to talk drape on Senator BYRD’s desk and flow- Constitution, and fought to uphold its about the action of the respondent in ers. I am sure in days to come there principles and the weight of Senate the case, President Clinton, and the will be many comments, many eulogies tradition.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5474 CONGRESSIONAL RECORD — SENATE June 28, 2010 It is difficult to measure the vast im- The PRESIDING OFFICER. Without the motion to reconsider be laid on the pact he has had on the lives of every objection, it is so ordered. table. single American. f The PRESIDING OFFICER. Without No, he was not right on every issue. objection, it is so ordered. His past was not without mistakes and ORDER OF PROCEDURE The resolution (S. Res. 569) was errors in judgment. But it is a credit to Mr. REID. Mr. President, I ask unan- agreed to, as follows: Senator BYRD that, over the years, he imous consent that the cloture vote on S. RES. 569 gained the wisdom to recognize the mo- the motion to proceed to H.R. 5297 be Resolved, That the President of the United ments when he strayed from the right delayed to occur at 2:15 tomorrow, States be notified of the election of the Hon- path. It is the mark of greatness that Tuesday, June 29; further that if clo- orable Daniel K. Inouye as President of the he worked hard to overcome these er- ture is invoked on the motion to pro- Senate pro tempore. rors and set America on course for a ceed, then all postcloture time be con- f more prosperous, more inclusive fu- sidered yielded back, and the Senate EXTENSION OF MORNING ture. then proceed to consideration of H.R. BUSINESS In recent years, Senator BYRD raised 5297; further, that as if in executive his voice against the unilateral inva- session, I ask unanimous consent the Mr. REID. Madam President, I ask sion of Iraq. previous order with respect to the vote unanimous consent that the Senate He fought to preserve the filibuster, on confirmation of the nomination continue in morning business until 5 ensuring that the voice of the minority occur upon the use of time specified in o’clock today. will always have a place in this august the order governing consideration of The PRESIDING OFFICER. Without Chamber. He offered his support to a the nomination with any other provi- objection, it is so ordered. young Senator from named sion of the previous order remaining in Mr. REID. As I indicated, we will , as he fought to become effect, which would mean the vote have one vote at 5:30 today. the first African-American President of would be at 5:30 tonight. I suggest the absence of a quorum. the United States. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Senator BYRD’s historic tenure objection, it is so ordered. clerk will call the roll. spanned 11 administrations, thousands f The assistant legislative clerk pro- of bills, and more than half a century. ceeded to call the roll. Thanks to his leadership, and the lead- NOTIFYING THE HOUSE OF REP- Mr. MCCONNELL. I ask unanimous ership of others he has inspired and RESENTATIVES OF THE ELEC- consent that the order for the quorum mentored over the years, we live in a TION OF A PRESIDENT PRO TEM- call be rescinded. very different world today. PORE The PRESIDING OFFICER. Without The year he launched his first cam- Mr. REID. Mr. President, I have a objection, it is so ordered. paign for the House of Representatives, resolution at the desk and ask for its f gas cost about 25 cents a gallon, Win- consideration. NOMINATION OF ston Churchill was Prime Minister of The PRESIDING OFFICER. The the United Kingdom, and I was only 15 clerk will report the resolution by Mr. MCCONNELL. Madam President, years old. title. the Judiciary Committee just wrapped Senator BYRD has left an indelible The assistant legislative clerk read up its hearings on the first day of the mark on this Nation, and for that we as follows: nomination of Elena Kagan to be an will be forever grateful. Associate Justice of the Supreme But today, as we remember and cele- A resolution (S. Res. 568) notifying the House of Representatives of the election of a Court. These hearings will provide Sen- brate the contributions he has made, President pro tempore. ators on both sides of the aisle an op- we also offer our condolences to his portunity to examine Ms. Kagan’s friends and loved ones in this time of There being no objection, the Senate proceeded to consider the resolution. record, legal experience, and back- mourning. We offer our sympathies to ground in light of the awesome respon- the people of West Virginia, who have Mr. REID. I ask unanimous consent that the resolution be agreed to and sibility that comes with a lifetime ap- lost a staunch advocate. We offer our pointment on our Nation’s highest fervent hope that a new generation of the motion to reconsider be laid on the table. Court. These hearings also provide an Americans, liberal and conservative; opportunity for the American people to Black and White; from all races and re- The PRESIDING OFFICER. Without objection, it is so ordered. focus their attention on a woman ligions and backgrounds. whom President Obama would like to We hope that a new generation will The resolution (S. Res. 568) was see deciding cases on many of the most take up the legacy of patriotism and agreed to, as follows: important and consequential issues we service that was left to us by Senator S. RES. 568 face as a people, long after the Presi- BYRD; that today’s young people will Resolved, That the House of Representa- dent’s time in office is through. inherit his fierce loyalty to the Con- tives be notified of the election of the Honor- In the near term, she would be ruling stitution, and recognize their responsi- able Daniel K. Inouye as President of the Senate pro tempore. on the actions and policies of an ad- bility to confront every challenge we ministration of which she is now a face. f member. So it is well worth asking So I ask my colleagues to join with NOTIFYING THE PRESIDENT OF me in honoring the life of our dear why the President chose Ms. Kagan in THE UNITED STATES OF THE the first place. We know the President friend, Senator ROBERT BYRD. ELECTION OF A PRESIDENT PRO and Ms. Kagan are former colleagues, And I call upon every American to TEMPORE learn from the example set by this son and we know from the President him- Mr. REID. I have a resolution at the of the West Virginia hills who over- self that they are friends. We know he desk. came poverty, lack of education, and views her as an important member of The PRESIDING OFFICER (Mrs. the prejudice of his times to become his team and that he was especially HAGAN). The clerk will report the reso- one of the greatest public servants in pleased with her handling of the Citi- lution by title. our history. zens United case. The President is no Mr. President, I yield the floor and The assistant legislative clerk read doubt confident that Ms. Kagan shares suggest the absence of a quorum. as follows: his view that judges should be judged The PRESIDING OFFICER. The A resolution (S. Res. 569) notifying the primarily on their ability to empathize clerk will call the roll. President of the United States of the elec- with some over others; in other words, The assistant legislative clerk pro- tion of a President pro tempore. that she embraces the empathy stand- ceeded to call the roll. There being no objection, the Senate ard he has talked about time and time Mr. REID. Mr. President, I ask unan- proceeded to consider the resolution. again. But as I have said before, while imous consent that the order for the Mr. REID. I ask unanimous consent empathy may be a very good quality in quorum call be rescinded. that the resolution be agreed to and general, in a court of law it is only

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5475 good if you are lucky enough to be the If you believe the role of a judge is to The PRESIDING OFFICER. Without guy the judge empathizes with. In be an impartial arbiter, these things objection, it is so ordered. those cases, it is the judge, not the law, cannot be ignored. Indeed, Members of Mr. DORGAN. Madam President, I who determines your fate. both parties should appreciate the im- listen sometimes on the floor of the In a nation such as ours, conceived portance of confirming judges who are Senate and think there should be an from its very beginning as a nation not more interested in what the law says Olympic Gold Medal for flexibility. It of men but of laws, this is a very dan- than in how the law can be used to ad- is interesting. For example, the flexi- gerous road to go down. In the case of vantage any one individual, party, or bility would mean you are flexible President Obama’s previous nominee to group. It is to no one’s advantage if enough to understand if a Republican the Supreme Court, Senators had many judges cannot be expected to rise above President were to send down a nominee years of court cases to study in deter- politics. As the chairman of the Judici- for the Supreme Court, and that person mining whether ary Committee once put it: had never served as a judge previously, could be expected to treat everyone No one should vote for somebody that’s that would be a big advantage, and you who came before her equally, just as going to be a political apparatchik for either would argue that would be something Americans would expect in a judge and the Democratic Party or the Republican that is very salutary, that this person Party. just as the judicial oath requires. In does not have judicial experience. Such Elena Kagan’s case, however, no such If there is one thing we can all agree was the case of Chief Justice on, it is that politics should end at the record exists. She has no experience as Rehnquist, who did not have such expe- courtroom door. a judge, nor does she have much of a So this is one of the key questions rience. But because they were nomi- record as a legal practitioner. This is Senators will be looking to answer as nated by a Republican, it was a big ad- one of the reasons some have raised these hearings proceed: Is someone who vantage not to have judicial experi- Ms. Kagan’s experience as an issue. has done the kind of political work Ms. ence. Now a Democrat sends a nominee It stands to reason that in order to Kagan has done in her career more or down and all of a sudden not having ju- know what kind of judge less likely to restrain her political dicial experience is a liability. That is or Sam Alito or Sonia Sotomayor views if she were confirmed to a life- some flexibility, as far as I am con- would be, it was useful for Senators time position on the country’s highest cerned. from both parties to look at the kind of Court? I met with the nominee, Ms. Kagan, judge these nominees had been. Since Ms. Kagan has never made a secret of and she is a great nominee. I am sure Ms. Kagan has not had the judicial or her professional aspirations. She has she is going to be confirmed easily in private practice experience common to cultivated all the right friendships the Senate. I cannot believe the Judici- most modern-day nominees, it is all along the way, which is all well and ary Committee will have any oppor- the more important that we look more good. No one ever rose to the heights of tunity to find very much wrong with closely at the kind of experience she their profession by ignoring or upset- this very credible, very high-qualified, has had. A review of that experience re- ting the people who could get them well-qualified nominee. I did not come veals a woman who has spent much of there. But the question before us is here to say that. But listening, again, her adult life not steeped in the prac- whether Ms. Kagan’s political views as I do, I keep hearing the sound of tice of law but in the art of politics. To would be more or less constrained by sawing on the floor of the Senate, saw- be more specific, when we look at the Constitution she swears to uphold ing away in a partisan manner. I sim- Elena Kagan’s resume, what we find is once she reaches her goal. ply wanted to observe that much of a woman who spent much of her adult Some of Ms. Kagan’s supporters wish this has very little to do with sub- life working to advance the goals of the us to focus on her personality. They stance and has everything to do with Democratic Party. wish to point out she has a knack for partisan politics that we hear on the As a young woman in college, she making friends and for getting along floor of the Senate. spent one summer working 14 hours a well with different kinds of people in f day for a liberal Democratic candidate academia and among the political for the Senate, and when her candidate class. Once again, these are all fine REMEMBERING SENATOR ROBERT lost, Ms. Kagan wrote that she believed qualities. No one has any doubt that C. BYRD the ‘‘world had gone mad, that lib- Ms. Kagan is bright and personable and Mr. DORGAN. Madam President, eralism was dead.’’ If all we had were easy to get along with. But the Su- today I rise on the floor of the Senate the comments of an impassioned young preme Court is not a dinner club. If recognizing that we have white roses student, they would not be worth all getting along in polite society were and a black drape adorning the desk of that much. Few of us would want ev- enough to put somebody on the Su- the late Senator ROBERT C. BYRD. erything we wrote as a college student preme Court, then we would not need I had told him personally in the past put up on an overhead projector. confirmation hearings at all. that when my service is done I will Yet the trajectory of Ms. Kagan’s ca- The goal here is not to determine have considered it a great privilege to reer, the testimony of those who know whether we think someone will get have served in this body at the time her work well, and the recently re- along well with the other eight Jus- when ROBERT BYRD served in this body. leased records of her time as a political tices; it is whether someone can be ex- He was a lot of things. He was smart adviser in the Clinton White House, pected to be a neutral and independent and tough and honest. Because he leg- suggest otherwise. Taken together, arbiter of the law rather than a islated and because of his career here, they suggest someone, as one news rubberstamp for any administration. this is a better country, I am convinced These are just some of the questions story put it, who long after college and of that. Senators will be asking and which Ms. even at the highest peaks of political All of us know Senator BYRD grew Kagan will be expected to answer. No old here and became someone with influence was ‘‘driven and opinionated, one should have any doubt that Repub- health problems in recent years and with a flare for political tactics. . . .’’ licans will treat Ms. Kagan with the What else do we find in Ms. Kagan’s same respect and professionalism they yet even last week would come to this resume? Well, she volunteered for the treated Judge Sotomayor. But ques- Chamber and cast his vote. In recent Dukakis Presidential campaign, work- tions must be answered and clear judg- weeks I had several visits with him on ing as an opposition researcher to de- ments must be made. the floor of the Senate. fend the then-Governor of Massachu- Madam President, I suggest the ab- All of us know as well that he loved setts from attacks, and to look for sence of a quorum. his country. He, most of all, loved the ways to attack the Republican opposi- The PRESIDING OFFICER. The Senate. He wrote a two-volume book of tion. As an aide to President Clinton, clerk will call the roll. history on this body, and I say to any- Ms. Kagan did not serve mostly as an The assistant legislative clerk pro- body listening, if they enjoy history attorney, as she put it, but as a policy ceeded to call the roll. and enjoy knowing anything about the advocate, frequently looking for ways Mr. DORGAN. Madam President, I wonderful history of this body, read to advantage Democrats over Repub- ask unanimous consent that the order what Senator BYRD has written. It is licans. for the quorum call be rescinded. extraordinary.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5476 CONGRESSIONAL RECORD — SENATE June 28, 2010 He loved the Constitution of the Senator BYRD recited the summation Aesop’s fable, sitting on an axle of a United States, and he never appeared to the jury, and he did it without a chariot, ‘‘My, what dust I do raise.’’ on the floor of the Senate without hav- note. It so reminded me of all the And it occurred to me he had just ing a copy of that Constitution in his things I heard on the floor from Sen- told someone what they had done was suit pocket. He always had a copy of ator BYRD—yes, ‘‘The Ambulance Down unbelievably foolish. I am not sure the Constitution with him. in the Valley,’’ a piece of lengthy prose they understood it. But he wrapped it He was also someone who did not just without a note, and this without a in such elegant language, as he always love the history of the Senate but note. He recited the summation to the did. loved Roman history. I recall sitting jury by George Vest: In addition to serving at a time early on the floor of the Senate many years Gentlemen of the jury. The best friend a on in his career when things were dif- ago when I first came to the Senate, man has in the world may turn against him ferent, when there was perhaps less listening to Senator BYRD talk about and become his enemy. His son or daughter anger and less partisanship and com- Roman history and the lessons in it for whom he has reared with loving care may mittee chairmen and ranking members us. I recall him 1 day describing Han- prove ungrateful. Those who are nearest and dearest to us, those whom we trust with our got together and decided what we need- nibal crossing the Alps, with a conclu- happiness and our good name, may become ed to do for the country and did it to- sion of Hannibal, who had lost an eye— traitors to their faith. The money that a gether and came to the floor together, a one-eyed Carthaginian—on the man has he may lose. It flies away from him he was also, on the floor of the Senate, plains, riding the last emaciated ele- perhaps when he needs it most. A man’s rep- someone who knew the rules. He stud- phant before he was cornered, and tak- utation may be sacrificed in a moment of ill- ied the rules because he understood ing a pill from a secret container in a considered action. The people who are prone that knowing the rules to this Cham- ring and, rather than being captured, to fall on their knees to do us honor when ber and how this process works was took his life. success is with us may be the first to throw the stone of malice when failure settles its also important to be successful here. I learned a lot listening to Senator cloud upon our heads. The one absolutely un- Aside from that, he was a skillful leg- BYRD on the floor of the Senate about selfish friend that a man can have in this islator—very skillful. I watched him a lot of things, including Roman his- selfish world, the one that never deserts him, walk out of this Chamber from that tory. the one that never proves ungrateful or door and very often stop as a bunch of I also learned that he had one of the treacherous, is the dog. Senate pages—high school kids who extraordinary memories you have ever Gentlemen of the jury, a man’s dog stands serve in the Senate—would gather by him in prosperity and in poverty, in known. And I thought today—because around and then he would spend 15, 20 we are saddened but also mourning the health and in sickness. He will sleep on the cold ground when the wintry winds blow and minutes telling them a story about the loss of a friend and someone who served the snow drives fiercely, if only he can be Senate, about the history of this great this country so well—I would read near his master’s side. He will kiss the hand place. Too many of us walk back and something he read on the floor of the that has no food to offer, he will lick the forth around here, walking very brisk- Senate a couple of times, but he read wounds and sores that come in encounter ly because we are late to go here or the preamble to it and then recited it with the roughness of the world. He guards there and we are working on a lot of the sleep of his pauper master as if he were from memory, this great story. He did things. Senator BYRD always took time it because he was talking about a a prince. When all other friends desert, he remains. to talk to the pages—not just talk to crime that occurred with respect to a When riches take wings and reputation falls them but tell them stories about what dog, an animal. He talked a lot about to pieces, he is as constant in his love as the this great Senate has meant to this his dog Billy, that he loved very much, sun in its journey through the heavens. If great country. and then he told us the story about a fortune drives the master forth an outcast He also loved very much his late wife man named Vest, George G. Vest, who into the world, friendless and homeless, the Erma and talked about her a lot to was to become a Senator later. faithful dog asks no higher privilege than that of accompanying him, to guard him many of us. I will read what Senator BYRD said. He loved to play the fiddle. Early on He said: against danger, to fight against his enemies. And when the last scene of all comes, and when I came to the Senate, if you ex- At the turn of the century, George G. Vest death takes his master in its embrace and pressed even the least interest in delivered a deeply touching summation be- his body is laid in the cold ground, no matter music, he would get you down to his of- fore the jury in the trial involving the kill- if all other friends pursue their way, there by fice and put a tape in his recording de- ing of a dog, Old Drum. This occurred, I his graveside will the noble dog be found, his think, in 1869. There were two brothers-in- vice to show us that he played the fid- head between his paws and his eyes sad but dle on the program ‘‘Hee Haw.’’ He was law, both of whom had fought in the Union open, in alert watchfulness, faithful and Army. They lived in Johnson County, MO. true, even unto death. so proud of that. He was someone who One was named Leonidas Hornsby. The other loved West Virginia, loved his country, Well, I read this summation to the was named Charles Burden. and was a friend to all of us. jury in the case of Old Drum. But Sen- Burden owned a dog, and he was named Today is a very sad day for those of ‘‘Old Drum.’’ He was a great hunting dog. ator BYRD recited it, as he did all of Any time that dog barked one could know these similar circumstances, com- us who see a desk that was occupied by for sure that it was on the scent of a raccoon pletely from memory. a great U.S. Senator for so many dec- or other animal. Senator BYRD came to the floor, and ades, now occupied with a dozen roses Leonidas Hornsby was a farmer who raised he had a way with words that does not and a black cloth, signifying that we livestock and some of his calves and lambs so much exist in the Senate anymore. I have lost this great man. America has were being killed by animals. He, therefore, lost a great public servant. As one swore to shoot any animal, any dog that ap- was sitting on the floor one day when another Senator came to the floor and Member of the Senate, I say it has been peared on his property. a great privilege—my great privilege— One day there appeared on his property a said some very disparaging things hound. Someone said: ‘‘There’s a dog out about a President of the United States. to serve while Senator BYRD served in there in the yard.’’ Hornsby said: ‘‘Shoot They referred to the President in a way this body. him.’’ that was very disparaging. Senator Madam President, I yield the floor. The dog was killed. Charles Burden, the BYRD did not like that, no matter who The PRESIDING OFFICER. The Sen- owner of the dog, was not the kind of man to the President was. He came to the ator from Vermont. take something like this lightly. He went to Mr. LEAHY. Madam President, I ap- court. floor, and I am sure the person who was disparaging the President at that point preciate the words of the Senator from This was Old Drum that was killed. never understood what had happened to North Dakota. I recall sitting here on He won his case and was awarded $25. him after Senator BYRD was done. the floor, I tell my friend from North Hornsby appealed, and, if I recall, on the ap- Mr. LEAHY. I remember that. Dakota, who may well have been here peal there was a reversal, whereupon the Mr. DORGAN. But Senator BYRD at that time when Senator BYRD spoke owner of the dog decided to employ the best lawyer that he could find in the area. came to the floor, and he stood up, and of the pygmies strutting like a colos- He employed a lawyer by the name of he said this: I have served here long sus. We both know who he meant and George Graham Vest. This lawyer gave a enough to see pygmyies strut like Co- we both know the effect it had, and I summation to the jury. lossus. And he said, very like the fly in thank him for reminding us of that.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5477 I believe all of us who served with relevant. The friendship is what is im- Senator BYRD was such an extraor- him and knew Senator BYRD were sad- portant. It tugs at your heart and it dinary man of merit and grit and deter- dened by the news of his passing. No tugs at your soul to see it. Walking in mination who loved his family. I recall Senator came to care more about the here and looking down the row where I him speaking of his grandchildren and Constitution or was a more effective sit and seeing that, I don’t know when great-grandchildren and he would defender of our constitutional govern- I have felt the tug so strong. proudly tell you about each of them. I ment than the senior Senator from Marcelle and I were privileged to remember even after he was a widower West Virginia. How many times did we know BOB and Erma, his wonderful walking by and leaning over and say- see him reach into his jacket pocket Erma. We would see them in the gro- ing, How are you? He would say, I am and hold up the Constitution? He would cery store in Northern Virginia. Our fine. How is Marcelle? And Senators say: This is what guides me. wives would drive in together for Sen- from both sides of the aisle would come I said in the Judiciary Committee ate matters. I recall sitting with him just to talk with him. today that many of us carry the Con- in his office 1 day when we spoke of the He drew strength from his deep faith. stitution and we can turn to it and death of his grandson and how it tore He took to heart his oath to support read from it. Senator BYRD, if asked, him apart to have lost him in an acci- and defend the Constitution of the would recite it verbatim from memory dent. He had his portrait in his office United States. The arc of his career in from page 1 straight through. with a black drapery. We sat there— public service is an inspiration to us Senator BYRD was a Senator’s Sen- this man who could be so composed— all, and it will inspire Americans of ator. During the time before he stopped we sat and held hands while he cried generations to come. playing, some of us would be at an about his grandson. At that time I did So, ROBERT, I say goodbye to you, my event with him where he would play not have the privilege of being a grand- dear friend. I am not going to forget the fiddle. I recall one of those times father yet. Today, I think I can more your friendship. I am not going to for- when he played the fiddle, and now his fully understand what he went get how you mentored me. But, espe- successor as President pro tempore, through. I remember the emotion and cially, I will not forget, and I will al- Senator INOUYE, played the piano, play- the strength of it. This was not just the ways cherish even after I leave this ing compositions only requiring one person whom we saw often as the lead- body, your love of the Senate. hand, and the two of them played in er of the Senate, the chairman of a Senator BYRD, you are one of a kind. the caucus room now named after our major committee, ready and in control, I yield the floor. The PRESIDING OFFICER. The Sen- late Senator . I heard him but a human being mourning somebody ator from Illinois. play in the happy times and the enjoy- very dear to him. He was a self-educated man. He Mr. DURBIN. Madam President, able times when he would try to bring Members of the Senate are coming to Senators of both parties together and learned much throughout his life, but then he had much to teach us all. It the floor today from both sides of the act like human beings. aisle to acknowledge a moment in our I have also sat here with him when has been spoken about how he talked history: the passing of ROBERT C. BYRD he reminded Senators of what the Con- to the pages, but he would talk to any- of West Virginia. Senator BYRD was the stitution stood for, what our role was body about his beloved Senate. He did more than that. He wrote the definitive longest serving Senator in the history in the Constitution, when he spoke of the United States of America; a man against going to war in Iraq without history of the Senate. We all learned from him. He was a symbol of West who cast more than 18,000 votes; a man reason and without a declaration of who served as majority leader, as war. It was one of the most powerful Virginia. He was an accomplished leg- islator. He was an extraordinary Amer- chairman of the Appropriations Com- speeches I have heard him give. In over mittee, as President pro tempore. He 36 years of serving with him, I heard ican. As a form of tribute I suspect Sen- was, in fact, the Senate. He embodied many speeches. the Senate in his life. It was his life. Others will speak of his records for ator BYRD himself would appreciate— let me quote from Pericles’ funeral Each of us, before we can become a time served in the Senate and in Con- Senator, takes a walk down this aisle gress and the number of votes he cast. oration from Thucydides History of the Peloponnesian War about the inherent and goes over to the side here where I think of him more as a mentor and a the Vice President of the United States friend. I recall in the fall of 1974 becom- strength of democracy. Senator BYRD was well familiar with this passage, swears us in. You put your hand on a ing the Senator-elect and coming down Bible and you take an oath to uphold here to talk to Senators and meeting and with its relevance to our Constitu- tion and our form of government. I and defend the Constitution of the with Senator BYRD and Senator Mans- heard him use it before. Pericles is said United States. You have to say that or field, Senator Mansfield being the lead- to have spoken this: you can’t be a Senator. For many peo- er, Senator BYRD the deputy leader. I ple, it is a formality. For ROBERT C. recall one of the things he told me— Our form of government does not enter into rivalry with the institutions of others. BYRD, it was a commitment, a life com- both of them did: Always keep your Our government does not copy our neigh- mitment to a document, the Constitu- word. ROBERT BYRD, ROBERT CARLYLE bors, but is an example to them. It is true tion of the United States. He used to BYRD, if he gave you his word, you that we are called a democracy, for the ad- carry one in his pocket every day of his could go to the bank with it, but he ministration is in the hands of the many and life. That is the kind of commitment would expect the same in return, as he not of the few. But while there exists equal most people will not make because should. That is something all of us justice to all and alike in their private dis- they think: Well, maybe I will change should be reminded of and all of us putes, the claim of excellence is also recog- nized; and when a citizen is in any way dis- my mind. For ROBERT C. BYRD, there should seek to achieve. tinguished, he is preferred to the public serv- was no changing his mind. He was com- I was honored to sit near him on the ice, not as a matter of privilege, but as a re- mitted to that Constitution. Senate floor. Sitting near him in the ward of merit. Neither is poverty an obsta- For him, it was the North Star, it same room we would engage in many cle, but a man may benefit his country what- was the guiding light, it was the docu- discussions about the Senate and the ever the obscurity of his condition. ment that created this Nation, and he rules or about the issues of the mo- Senator BYRD believed in this coun- had sworn on his Bible to uphold and ment, or about our families. But now I try. He believed that a youngster who defend it, and he meant it. That is why sit here and I look at the flowers on his had been adopted, who lived in a house he was so extraordinary. desk; I look at the drape on that desk. without running water, who had to He understood this Constitution be- Over the many years I have had the work for every single thing he ob- cause he understood what our govern- privilege of representing the State of tained, could also rise to the highest ment is about. He made a point of say- Vermont in this body, I have had to positions in this body, a body he loved ing whenever a new President would come on the floor of the Senate to see more than any other institution in our come in, even a President of his own the traditional drapery and the flowers government, save one: the Constitu- party: I will work with the President on either side of the aisle when we have tion. The Constitution was his North but as a Senator; I do not work for the lost dear colleagues; more than that, Star and his lone star. It was what President. We are equal to the Presi- we have lost dear friends. Party is ir- guided him. dent because we are an equal branch of

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5478 CONGRESSIONAL RECORD — SENATE June 28, 2010 government. I will be glad to work Post and other places that he had and I do not think anyone recorded it— with the President, but I have a re- thought Senator BYRD had gone too I recalled his debate with FRANK WOLF. sponsibility as a Senator. far. I said: What I remember particularly I remember so well in what I consider That was a pretty bold move by Con- is when you said: January 19, 1830, to be the finest hour I witnessed when gressman WOLF to make those state- which was a Thursday, if I recall. it came to ROBERT C. BYRD. It was in ments in the minority about the chair- He said: Yes, I think it was a Thurs- October of 2002. It was a little over a man of the Senate Appropriations day. year after 9/11. President George W. Committee. I could not wait for that I said: I don’t doubt it was a Thurs- Bush was asking this Senate to vote conference committee because the two day, but that little detail was amazing. for a resolution to invade Iraq. At the of them would literally be in the same He kind of smiled. He did not say time, the pressure was building. Public room. In fact, it turned out to be even anything more. About an hour passed sentiment was strongly in favor. Re- better. They were not even in the same before the next rollcall, and he called member, there was talk about weapons room, but Senator BYRD’s staff had re- me over to that desk. He had brought of mass destruction, nuclear weapons, served a chair directly across the table out a perpetual calendar and found attacks on our allies and friends, even from Congressman WOLF. January 19, 1830, and said: Mr. DURBIN, on the United States if we did not The place was packed, waiting for it was a Thursday. move, and move quickly. There was a this confrontation. Senator BYRD came I said: I didn’t dispute it, Senator. prevailing growing sentiment to go to in last and sat down very quietly in his It was an example in my mind of a war. chair and waited his turn. Congress- man who understood this Constitution, But the Senator from West Virginia man WOLF at some point asked for rec- understood his use of that Constitution stood up, took out his Constitution, ognition and went after the Byrd West for his State—some would say he over- and said: This is a mistake. We should Virginia projects. FRANK is a pas- used it, but he was fighting for his not be going to war. sionate man. I served with him and State every day he was here—his com- He proceeded day after day, week agreed with him on many issues and mand of history and his command of after week, and month after month to disagreed on others. I respected him. the moment. stand there at that desk and lead the He was passionate and committed and That was ROBERT C. BYRD. They do charge against the invasion of Iraq. It made it clear he thought this was un- not make them like that anymore. was an amazing display of his talent, fair and unjust. There just are not many people in our which was prodigious, and his commit- Senator BYRD, in his three-piece suit, generation who can even claim to be in ment to this Constitution as he saw it, sat across from him with hands on the that position. and the fact that he was politically table showing no emotion until after I recall it and I remember very well fearless. 15, 20 minutes, Congressman WOLF was another conversation I had with him. I agreed with him on that issue. I was exhausted by his protests about these You see, history will show that in his inspired by him on that issue. I can re- Byrd projects, at which point Senator early life, ROBERT C. BYRD was a mem- call when my wife and I went to a Mass BYRD leaned over and said to whomever ber of the Ku Klux Klan. Many of his in Old St. Patrick’s Church in , was presiding at that moment: May I detractors and enemies would bring we were in the pew kneeling after com- speak? And they said: Of course. that up. He would be very open about munion. The church was quiet as peo- Then he said—and I am going to par- it, not deny it but say that he had ple were returning from communion. aphrase this. I think it is pretty close changed, and his votes reflected it. An older fellow, whom I did not know, to what he said. There was no video I once said to him: Of all these thou- stood next to me in the aisle and camera there. I wish there had been. He sands and thousands of votes you have looked down at me and said in a voice said: In 1830, in January of 1830, Janu- cast, are there any you would like to that could be heard across the church: ary 19, 1830, which, if my memory do over? Stick with BOB BYRD. serves me, was a Thursday, Daniel Oh, yes, he said. Three. There was I came back and told him that story, Webster and Mr. Hayne engaged in one one for an Eisenhower administration and he just howled with laughter. I of the most famous debates in Amer- appointee which I voted against, and I said: Senator BYRD, your reach is be- ican history. And off he went. wish I voted for him. I think that was yond West Virginia and beyond the For the next 15 minutes, without a a mistake. And, he said, I was wrong on Senate. It is in Chicago and across the note, ROBERT C. BYRD tried to explain the civil rights legislation. I voted the country. What you are saying is reso- a very basic principle, and it was this: wrong way in the 1960s. And, he said, I nating with a lot of people. The Senate is created to give every made a mistake and voted for the de- In the end, 23 people voted against State the same number of Senators— regulation of the airline industry that war—1 Republican and 22 Demo- two Senators. The House is elected by which cut off airline service to my crats. For a while, we were not pop- popular vote. A small State such as State of West Virginia. Those were ular. Over time I think that vote be- West Virginia does not have much of a three. came more respected. ROBERT C. BYRD chance in the House of Representa- If you have been in public life or even was our leader, and he used this Con- tives. It is small in a body of 435 Mem- if you have been on this Earth a while, stitution as his inspiration. bers. But in the Senate, every State, I think you have learned the value of He had such a sense of history. My large and small—Virginia and West redemption. ROBERT C. BYRD, in his favorite story related to about 16 or 18 Virginia, Illinois, New York, Cali- early life, made a mistake with his years ago. I was a Member of the House fornia—each has two Senators. membership in the Ku Klux Klan. He of Representatives then on the Appro- The point Senator BYRD was making was open about it, and he dem- priations Committee, and ROBERT C. was: If I do not put the projects in in onstrated in his life that he was wrong BYRD was the chairman of the Senate the Senate, we will never get them in and would do better in the future. That Appropriations Committee. He was a in the House. That is what the Great is redemption—political redemption— powerful man. We were supposed to Compromise, the Constitution, and the and, in my mind, it was total honesty. meet downstairs in a conference com- Senate and the House are all about. There were so many other facets to mittee, House and Senate, the con- It was a masterful presentation, this man too. Senator LEAHY talked ferees from both Appropriations Com- which led to a compromise, one might about him playing the fiddle. That is mittees, on a transportation bill. expect, at the end of the day in which the first time I ever saw him in person. To no one’s surprise and without any Senator BYRD did quite well for his He came to Springfield, IL, in 1976, apology, Senator BYRD had quite a few State of West Virginia. when he was aspiring to run for Presi- West Virginia projects in that bill. Years passed, and I was elected to dent of the United States. He stood out Congressman FRANK WOLF of Virginia, this body. I came here and I saw Sen- from the rest of the crowd because he a Republican, sat on the committee on ator BYRD sitting in that seat one day, got up and said a few words about why the House side. When he looked at the and I said: I want to tell you the most he wanted to be President. Then he West Virginia projects, he got upset. famous debate I can ever remember— reached in and grabbed his fiddle and He said it publicly in the Washington there was not a camera in the room, started playing it.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5479 I tell you, it brought the house down. As a lawyer, as a former attorney The PRESIDING OFFICER. The Sen- I don’t remember who else was there. I general for the State of Illinois, I con- ator from Illinois. think Jimmy Carter was there. But I sider it a great privilege to evaluate Mr. DURBIN. Madam President, first, do remember that BOB BYRD was there. and confirm nominees to the bench. I wish to thank the Senator from Mon- When I came to the Senate, I The constitutional power of advise and tana for allowing me to make some thought: I cannot wait to see or hear consent is one this Senate must exer- brief remarks, and then I will turn to him play that fiddle again. I learned cise with discretion. It determines the him. that after his grandson died in an auto- makeup of our judicial branch and mobile accident, he said: I will never helps preserve the principle of equal I join my colleague, Senator BURRIS, touch it again, in memory of my grand- justice under law. in asking my colleagues on both sides son. That is the kind of family commit- That is why I have come to the floor of the aisle to vote in just a few mo- ment he made as well. He would sing today in support of Gary Scott ments on the nomination of Gary and occasionally have a Christmas Feinerman, President Obama’s nomi- Feinerman to be U.S. district court party downstairs, and a few of us would nee to become a judge for the Northern judge for the Northern District of Illi- be lucky enough to get invited. He District Court of Illinois. nois. would sing. He was a man who had gone Gary is an Illinois native and a grad- Gary Feinerman is one of the bright- through some life experiences and fam- uate of both Yale and Stanford Univer- est lights in the Chicago legal commu- ily experiences that were very mean- sities. Over the past two decades, he nity. He is a partner at one of Chi- ingful to him. has worked extensively in private prac- cago’s oldest and largest law firms, I remember another day when I was tice—most recently for , Sidley Austin, where he specializes in on the floor of the Senate and there the respected Chicago law firm. He has litigation and appellate work. Before was a debate about the future of the served in the public sector, as well as a that, he served as Illinois’ solicitor National Endowment for the Arts. Sen- clerk to the U.S. Supreme Court and general and represented our State in ator Ashcroft of wanted to counsel at the Department of Justice. many very valuable and important ap- From 2003 to 2007, he was Solicitor eliminate the National Endowment for peals. He won five ‘‘Best Brief’’ awards General of the State of Illinois. That is the Arts and take away all its money. from the National Association of At- the person who argues the cases on be- I stood up to debate him. I was torneys General, and he has argued half of the attorney general before the brandnew here, not smart enough to cases before the U.S. Supreme Court highest court, whether in Illinois or in know when to sit down and shut up. I and the U.S. Court of Appeals for the the Nation. He held that position with started debating: I thought it was Seventh Circuit, as well as the Illinois distinction, proving his commitment to wrong, the arts are important, so forth. Supreme Court. Earlier in his career, Through the door comes BOB BYRD. the highest ideals of fairness and jus- Mr. Feinerman worked at the Chicago He walks in here and asks if he could tice. law firm of Mayer Brown and in the be recognized. Everything stopped Time and again over the years, Gary Justice Department’s Office of Policy when he had asked for recognition. Feinerman has demonstrated his com- Development. He served as They said: Of course. petence in the legal profession. His for Supreme Court Justice Anthony He said: I want to tell you what training is without equal. His experi- music meant to me. I was an orphan, ence is second to none. That is why I Kennedy and for Seventh Circuit Judge and I was raised in a loving family. am proud to support his nomination to . He is a leader in the Chi- Early in life, they went out and bought the Northern District Court of the cago legal community. He is the presi- me a fiddle. Music has always been a State of Illinois. dent of the Appellate Lawyers Associa- big, important part of my life. Out of We must demand the very best of our tion of our State and serves on Chi- nowhere, this man gives this beautiful public officials, especially those who cago’s Constitutional Rights Founda- speech, and then he quotes poetry dur- are entrusted with lifetime appoint- tion and the Midwest chapter of the ing the course of the speech. ments on the Federal bench. Anti-Defamation League. He has also As one can tell, all of us who served These fine men and women are had a very active pro bono practice, with him are great fans of ROBERT C. charged with interpreting a body of law which speaks well of his commitment BYRD and what he meant to this Senate that is constantly evolving. They must as a professional. and what he meant to this Nation. navigate a treacherous landscape, full Mr. Feinerman’s academic record is West Virginia has lost a great servant of gray areas, to arrive at sound legal also impressive. He graduated from who was so proud of his home State. truth. The answers are seldom easy, Yale and , where Time and again that was always the but I have confidence in Gary he finished second in his class. Not sur- bottom line for him: Is this going to be Feinerman’s ability to rise to this prisingly, he received the highest pos- good for the future of my little State of challenge. At every stage, he has prov- sible rating of ‘‘well-qualified’’ from West Virginia? He fought for them and en his considerable intellect and his the American Bar Association for this put them on the map in some regards passion for the law. I am proud to join commitment. and some projects. He was respected by the President in calling for his swift We currently have six—six—vacan- his colleagues because of the commit- confirmation. I ask my colleagues to cies in the Northern District of Illinois. ment to the people who honored him by join me in pledging to afford the nomi- We need to fill them quickly so that we allowing him to serve in the Senate. nee with a fair and timely vote to con- There may be a debate as to whether firm him to the bench. don’t slow down the process of justice. there is a heaven. If there is a heaven This body has a crowded legislative I hope the Senate will confirm Gary and they have a table for the greats in calendar in the months ahead, but Feinerman today and move very quick- the Senate, I would ask cases have piled up in the Northern ly to Justice Sharon Coleman, who is also on the calendar. Mr. Feinerman to pull up a chair for ROBERT C. BYRD District of Illinois, and every single of West Virginia. day more judicial nominees await as will be an excellent judge, and Judge Madam President, I yield the floor. vacancies remain unfilled. Even as we Coleman will join him, with the bless- The PRESIDING OFFICER. The Sen- consider Mr. Feinerman’s confirmation ing of the Senate, to start to fill these ator from Illinois. today, another Illinois nominee, Judge important vacancies. f Sharon Johnson-Coleman, awaits a Madam President, I yield the floor similar up-or-down vote. We need to and again thank my colleague from NOMINATION OF GARY SCOTT rise to our constitutional duty and Montana. FEINERMAN vote on these nominees. We must waste Mr. TESTER. Madam President, I Mr. BURRIS. Madam President, very no more time in allowing this fine pub- ask unanimous consent to speak as in shortly, we are going to be voting on a lic servant to get to work. judicial nomination. I come before this Let’s put our judges to work. Let’s morning business for 5 minutes. body to bring my thoughts on that ac- confirm Mr. Feinerman now. The PRESIDING OFFICER. Without tion. Madam President, I yield the floor. objection, it is so ordered.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5480 CONGRESSIONAL RECORD — SENATE June 28, 2010 REMEMBERING SENATOR EXECUTIVE SESSION spite the fact that one was reported ROBERT C. BYRD unanimously and one with only a sin- gle negative vote. They refuse to enter Mr. TESTER. Madam President, I NOMINATION OF GARY SCOTT have a short speech to give today about into a time agreement to debate and FEINERMAN TO BE UNITED vote on the Sixth Circuit nominee from a giant of a man. I rise today out of STATES DISTRICT JUDGE FOR deep respect for our colleague, Senator Tennessee who was reported last No- THE NORTHERN DISTRICT OF IL- vember. I have told Senator ALEX- ROBERT C. BYRD. Sharla and I extend LINOIS ANDER that all Democrats are prepared our condolences to the BYRD family to vote on that nomination, and have and to all the people of West Virginia. The PRESIDING OFFICER. Under the previous order, the Senate will pro- agreed to do so since November. It is We join you in mourning but also in a his own leadership that continues to celebration of his life and his successes ceed to executive session to consider the following nomination, which the obstruct the nominee. as a public servant. The Senate is well behind the pace I Senator BYRD liked to call me ‘‘the clerk will report. The legislative clerk read the nomi- set for President Bush’s judicial nomi- Mountain Man,’’ and when somebody nees in 2001 and 2002. A useful compari- from the Mountain State calls you nation of Gary Scott Feinerman, of Il- linois, to be United States District son is that in 2002, the second year of that, it is an incredible compliment. the Bush administration, the Demo- Senator BYRD and I had a few things Judge for the Northern District. The PRESIDING OFFICER. Under cratic Senate majority’s hard work led in common: We were both from very to the confirmation of 72 Federal cir- small towns, we both married our high the previous order, the time until 5:30 p.m. will be for debate on the nomina- cuit and district judges nominated by a school sweethearts, and we both made President from the other party. In this a living at one time as meat cutters. tion, with the time equally divided and controlled between the Senator from second year of the Obama administra- He must have had an eye for the butch- tion, we have confirmed just 22 so far— Vermont, Mr. LEAHY, and the Senator ering business because he liked to 72 to 22. from Alabama, Mr. SESSIONS. guess my weight. And wouldn’t you In the first 2 years of the Bush ad- Mr. TESTER. Madam President, I know, he always came within 3 pounds. ministration, we confirmed 100 Federal ask unanimous consent that the time You could say Senator BYRD convinced circuit and district court judges. So far during the quorum call be equally di- me to spend a little more time in the in the first 2 years of the Obama ad- vided. gym. ministration, the Republican leader- The PRESIDING OFFICER. Without Senator BYRD was elected to Con- ship has successfully obstructed all but objection, it is so ordered. gress 4 years before I was even born, 34 of his Federal circuit and district Mr. TESTER. Madam President, I and he always shared his wisdom with court nominees—100 to 34. We con- suggest the absence of a quorum. those of us who admired it. I am hon- firmed twice that many in just 2002. The PRESIDING OFFICER. The ored to call Senator BYRD a respected Meanwhile Federal judicial vacancies clerk will call the roll. teacher and a trusted friend. The assistant legislative clerk pro- around the country hover around 100. I was Presiding Officer on the day the By this date in President Bush’s ceeded to call the roll. Presidency, the Senate had confirmed farm bill came before the Senate. In- Mrs. BOXER. Madam President, I ask 57 of his judicial nominees. Despite the stead of signing the farm bill himself, unanimous consent the order for the fact that President Obama began send- Senator BYRD let me sign the bill. Al- quorum call be rescinded. ing us judicial nominations two though it went unspoken, I know it was The PRESIDING OFFICER. Without months earlier than did President because he saw me as the farmer in the objection, it is so ordered. Bush, the Senate has to date only con- Senate. It was truly an honor for me to Mrs. BOXER. Madam President, I ask firmed 34 of his Federal circuit and dis- be able to do that. unanimous consent to speak as in trict court nominees—57 to 34. Another thing Senator BYRD and I morning business. had in common was our upbringing in Last year, Senate Republicans re- The PRESIDING OFFICER. Without fused to move forward on judicial rural America. He was always proud to objection, it is so ordered. fight for folks making a living off the nominees. The Senate confirmed the (The remarks of Mrs. BOXER are fewest judges in 50 years. The Senate land and in the mountains and in the printed in today’s RECORD under woods. He was a powerful advocate, and Republican leadership allowed only 12 ‘‘Morning Business.’’) Federal circuit and district court he represented West Virginia with tire- Mr. LEAHY. Madam President, today less passion. He valued hard work and nominees to be considered and con- the Senate is proceeding on only one of firmed despite the availability of many common sense. Those values are a mat- the 23 judicial nominees stalled by Re- ter of survival in America. They are more for final action. They have con- publican obstruction from action by tinued their obstruction throughout values you take with you as you go to the Senate. The nominee the Senate Congress, and Senator BYRD showed us this year. By every measure, the Re- will confirm tonight has been stalled publican obstruction is a disaster for that. for more than 10 weeks, even though Madam President, we will miss Sen- the Federal courts and for the Amer- his nomination was reported without a ican people. ator BYRD very much. His work over single objection from the Judiciary To put this into historical perspec- the decades on the Hill has made the Committee on April 15. There are eight tive, consider this: In 1982, the second entire country a better place for us and other judicial nominees who have been year of the Reagan administration, the for our kids and grandkids. stalled for at least as long, or longer, Senate confirmed 47 judges. In 1990, the Before I came to 31⁄2 and nominees who were favorably re- second year of the George H.W. Bush years ago, many folks came up to me ported last year, last November, still administration, the Senate confirmed and said: You are going to have an ex- being obstructed. 55 judges. In 1994, the second year of perience of a lifetime. You will meet This confirmation was needlessly de- the Clinton administration, the Senate some incredible people. layed for no good purpose. The services confirmed 99 judges. In 2002, the second And I will tell you that one of the of this judge are sorely needed in the year of the George W. Bush administra- most incredible men I have met since I Northern District of Illinois. I con- tion, the Senate confirmed 72 judges. have been here was Senator BYRD. gratulate Mr. Feinerman and his fam- The only year comparable to this We miss you. ily on his confirmation today. year’s record-setting low total of 16 I yield the floor. The Senate Republican leadership re- was 1996, when the Republican Senate fuses to enter into time agreements on majority refused to consider President f pending judicial nominations. That Clinton’s judicial nominees and only 17 stalling and obstruction is unprece- were confirmed all session. CONCLUSION OF MORNING dented. They refuse to enter into a Senate Democrats moved forward BUSINESS time agreement to consider the North with judicial nominees whether the The PRESIDING OFFICER. Morning Carolina nominees to the Fourth Cir- President was Democratic, 1994, or Re- business is closed. cuit, who were reported in January, de- publican, 1982, 1990, 2002, and whether

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Are there any other Sen- me how to preside over the floor. I still ity leader concerning these matters. In ators in the Chamber desiring to vote? have the notes he gave me when I was that letter, I urged, as I have since last The result was announced—yeas 80, a freshman Senator. He was adamant December, the Senate to schedule votes nays 0, as follows: that the Presiding Officer should al- on these nominations without further [Rollcall Vote No. 201 Ex.] ways be respectful of the speakers, obstruction or delay. I called on the YEAS—80 while maintaining strict adherence to the rules of the Senate. Republican leadership to work with the Akaka Durbin Lugar majority leader to schedule immediate Alexander Ensign McCain Senator ROBERT C. BYRD was a pa- votes on consensus nominations— Barrasso Enzi McCaskill triot who cared for and loved this coun- many, like that finally being consid- Baucus Feingold McConnell try, the United States of America. He Bayh Feinstein Menendez worked hard for the people of West Vir- ered today, I expect will be confirmed Begich Franken Nelson (NE) ginia, who showed their support for unanimously—and consent to time Bennet Graham Nelson (FL) agreements on those on which debate is Bingaman Grassley Pryor him election after election. requested. As I said in the letter, if Boxer Hagan Reed Senator ROBERT C. BYRD was a spir- Brown (MA) Harkin Reid itual man. Each week a number of Sen- there are judicial nominations that Re- Brown (OH) Hatch Risch Bunning Hutchison ators got together for a morning pray- publicans truly wish to filibuster— Roberts Burris Inhofe after arguing during the Bush adminis- Rockefeller er breakfast. Senator BYRD was a reg- Cardin Inouye Schumer ular participant when he was well. His tration that such action would be un- Carper Isakson constitutional and wrong—then they Casey Johanns Sessions favorite hymn was ‘‘Old Rugged Chambliss Kaufman Shaheen Cross.’’ I enjoyed singing it with him should so indicate to allow the major- Snowe ity leader to seek cloture to end the fil- Coburn Kerry many times. Cochran Klobuchar Specter We shared a love for music and the ibuster. It is outrageous that the ma- Collins Kohl Tester jority leader will be forced to file clo- Conrad Kyl Thune arts. His fiddle playing was legendary. Udall (CO) He loved his family. He loved his ture petitions to get votes on the North Corker Landrieu Cornyn Lautenberg Udall (NM) children and grandchildren. He loved Carolina, Tennessee and other nomi- Crapo Leahy Warner his dogs. Closest always was his wife nees. DeMint Levin Webb After this confirmation, there will Dodd Lieberman Whitehouse Erma who was always by his side until still be 22 judicial nominees favorably Dorgan Lincoln Wicker her death in 2006. They spent many reported by the Judiciary Committee NOT VOTING—19 wonderful years together, and now they are together again. being stalled from Senate consider- Bennett Johnson Shelby My thoughts and prayers are with ation by the Republican leadership. Bond LeMieux Stabenow the Byrd family. The PRESIDING OFFICER (Mr. Brownback Merkley Vitter Burr Mikulski Voinovich Senator BYRD, we love you and we KAUFMAN). Under the previous order, Cantwell Murkowski Wyden miss you. the question is, Will the Senate advise Gillibrand Murray Gregg Sanders Thank you very much, Madam Presi- and consent to the nomination of Gary dent. Scott Feinerman, of Illinois, to be U.S. The nomination was confirmed. The PRESIDING OFFICER. The Sen- District Judge for the Northern Dis- The PRESIDING OFFICER. Under ator from Pennsylvania. trict of Illinois? the previous order, the motion to re- Mr. CASEY. Madam President, I ask Mr. LEAHY. Have the yeas and nays consider is considered made and laid unanimous consent to speak as in been ordered? upon the table. The President will be morning business. The PRESIDING OFFICER. They immediately notified of the Senate’s The PRESIDING OFFICER. Without have not. action. objection, it is so ordered. Mr. LEAHY. I ask for the yeas and f f nays. The PRESIDING OFFICER. Is there a LEGISLATIVE SESSION USE OF IEDS IN AFGHANISTAN sufficient second? The PRESIDING OFFICER. The Sen- Mr. CASEY. Madam President, I rise There appears to be a sufficient sec- ate will resume legislative session. tonight to speak about the war in Af- ond. The Senator from Hawaii. ghanistan, but on a particular subject. The clerk will call the roll. Mr. AKAKA. Madam President, I ask In particular, I wish to speak about the The assistant legislative clerk called unanimous consent to speak as in terribly destructive force of improvised the roll. morning business. explosive devices. These improvised ex- Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without plosive devices, known by the acronym Senator from Washington (Ms. CANT- objection, it is so ordered. IEDs, represent the single greatest WELL), the Senator from New York f threat to the United States and coali- (Mrs. GILLIBRAND), the Senator from tion forces in Afghanistan. The impact REMEMBERING SENATOR ROBERT South Dakota (Mr. JOHNSON), the Sen- of this deadly tool of war has been felt C. BYRD ator from Oregon (Mr. MERKLEY), the in my home State of Pennsylvania, and Senator from Maryland (Ms. MIKUL- Mr. AKAKA. Madam President, I rise I know so many of our colleagues have SKI), the Senator from Washington to pay tribute to Senator ROBERT C. had not only loved ones in some cases (Mrs. MURRAY), the Senator from BYRD, my mentor, supporter, and good but constituents who have lost their Vermont (Mr. SANDERS), the Senator friend. lives because of IEDs. In Pennsylvania, from Michigan (Ms. STABENOW), and Senator BYRD was the dean of the we have lost marines, soldiers, and Na- the Senator from Oregon (Mr. WYDEN), Senate, our foremost constitutional tional Guard troops to this insidious are necessarily absent. scholar. No one in the history of our threat. Mr. KYL. The following Senators are country served longer in Congress. In the first 4 months of 2010, inci- necessarily absent: the Senator from For more than a half century, ROB- dents of IEDs in Afghanistan increased Utah (Mr. BENNETT), the Senator from ERT C. BYRD kept the Senate in line. He 94 percent over a comparable period in Missouri (Mr. BOND), the Senator from always kept a copy of the Constitution the previous year according to the Kansas (Mr. BROWNBACK), the Senator in his jacket pocket, close to his heart. United Nations. from North Carolina (Mr. BURR), the He was meticulous, a master of the In 2009, more than 6,000 IEDs were Senator from New Hampshire (Mr. rules of this historic institution. discovered, the vast majority of which

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5482 CONGRESSIONAL RECORD — SENATE June 28, 2010 used ammonium nitrate as their main The Joint Improvised Explosive Device statement for the RECORD, but I wish explosive ingredient. This is the No. 1 Defeat Organization—JIEDDO—which to give a few thoughts now. killer of United States and coalition includes coalition partners from the We do mourn his passing. We see at forces. In 2009 alone, 275 American United Kingdom, Canada, and Aus- his desk today a reminder of his pass- troops were killed by IEDs. In addition tralia, has led an impressive effort to ing. To say that ROBERT BYRD was a to the lethality of IEDs, they have a combat IEDs at every step in the proc- towering figure in the history of the tremendously demoralizing effect on ess. The U.S. Immigration and Customs Senate does not begin to describe his our troops. Just the threat of IEDs Enforcement Agency will soon com- impact, his influence and, indeed, the forces troops to move at a slower pace mence Project Global Shield, which is memory he leaves behind, the legacy and take away their focus from the an unprecedented multilateral law en- he leaves behind for those of us in the mission at hand. forcement operation aimed at coun- Senate, for his home State of West Vir- Ammonium nitrate bombs, often tering the illicit diversion and traf- ginia, and I know for millions of Amer- crude wood and graphite pressure-plate ficking of precursor chemicals, such as icans. devices buried in dirt lanes or heaps of ammonium nitrate. He was a strong advocate for not just trash, are very difficult to detect. Pakistan has made efforts to contend his point of view but, more impor- Americans remember, unfortunately, with ammonium nitrate in large part tantly, for the people of West Virginia. the deadly power of ammonium nitrate because the threat has begun to impact He arrived in the Senate in 1958—before from its use by Timothy McVeigh in the security of its country as well. Re- I was born. I was pleased to have the the 1995 Oklahoma City bombing which cent coordination between Pakistani opportunity and honor, the chance to killed 168 Americans. It can be used, as civilian and military entities on the serve with him a couple of years. we know, as a fertilizer as well as an IED issue has been positive. The Gov- He was a strong advocate. He was explosive in the mining and construc- ernment of Pakistan has formed an also a remarkable orator. Even in the tion industry. Its use in the United interagency national coalition IED last couple years of his life when some States is tightly restricted. President forum. We are also beginning to see ef- thought he might have been slowing Karzai of Afghanistan has rightly rec- forts at the local level, such as small- down a little, when he got the micro- phone, he could deliver a speech like no ognized the threat and has banned its scale bans and regulations in the com- other. He was a tremendous orator who use as a fertilizer. Afghan troops and munity of Malakand. I hope Pakistan believed in what he was saying, be- police, supported by ISAF forces, have expeditiously approves its draft legisla- lieved in the traditions of the Senate begun a concerted effort to crack down tion to better control explosive mate- but mostly, and most importantly, be- on its proliferation, distribution, and rials in the country and make a con- lieved in fighting for the working men sale. On Wednesday, ISAF reported certed effort at enforcement. and women and the families of West that 11 tons of ammonium nitrate were We must exercise extraordinary vigi- Virginia. seized by Afghan forces supported by lance in stemming the unregulated We also knew him as a scholar—a NATO troops. These 11 tons would have flow of ammonium nitrate in this re- scholar of not just this institution, been enough to build more than 500 gion because of its importance to U.S. maybe the leading scholar of all time IEDs—IEDs that could have been used national security interests, as well as, when it comes to the institution of the to kill NATO forces, Afghan troops, of course, to the lives of our troops. Senate, but also as well as a constitu- The United States, together with our and civilians. tional scholar. The Afghan Government appears allies, must do everything we can to His was a life of commitment, of real committed to this fight and has en- make it more difficult for our enemies fidelity, first and foremost I believe to acted the appropriate legal measures to make IEDs. I am committed to this his family. He spoke often of his wife and enforcement efforts. But ammo- task for the long term. I also under- Erma. In the portrait that is just out- nium nitrate is still ubiquitous in Af- stand terrorists will resort to different side the door, there are three items in ghanistan due to smuggling along sup- strategies and different ingredients his area of control in the picture. He ply routes from its neighbors, particu- after we are better able to restrict the has his hand on the Bible, the Scrip- larly along Pakistan’s tribal belt where flow of ammonium nitrate. Imple- tures, he has a copy of the Constitu- smuggling is a way of life. The Los An- menting more robust and interdiction tion, and a picture of his beloved wife geles Times newspaper reported last measures is important, but we also Erma, about whom he spoke so often. month that as much as 85 tons of am- must do more to disrupt and dismantle He was committed and had a life of monium nitrate is smuggled into Af- terrorist and criminal organizations in commitment to his family and his ghanistan from Pakistan in a single making IEDs. This will involve multi- faith. But he was also committed to night, a shipment that could yield lateral engagement, regulatory meas- the people of West Virginia for so many more than 2,500 bombs. Even as we ures, training, and technological ef- years, so many battles on their behalf heard recently that 11 tons were inter- forts, building border control capacity, and especially the families of West Vir- cepted, this published report says that and other means as well. ginia. 85 tons can be smuggled in a single There are a host of other ingredients Of course, he also led a life of com- night. terrorists can and probably will utilize mitment and fidelity to the Constitu- Along with seven of my colleagues— in IEDs. But ammonium nitrate is tion and knew it better than anyone I Senators LEVIN, REED, SNOWE, WEBB, what they are using today to kill have ever met and certainly better KYL, MCCASKILL, and KAUFMAN—I have scores of U.S. troops. We must do all than some of our more renowned con- submitted a resolution calling for con- that is in our power to ensure the job stitutional scholars. tinued support for and increased efforts of making these bombs is made more Of course, we know of his commit- and focus by the Governments of Paki- difficult. When they shift tactics and ment to this institution, to the Senate. stan, Afghanistan, and the central use other ingredients, we will go after He loved this institution and wrote vol- Asian countries in that region to effec- those too. Restricting the flow of am- ume after volume about the Senate. We tively monitor and regulate the manu- monium nitrate is, in fact, a very dif- know that the multivolume work he facture, sale, transport, and use of am- ficult challenge. But we must do all we did, the one volume in and of itself— monium nitrate fertilizer in order to can to protect our troops on the ground hundreds of pages on the history of the prevent criminal groups, insurgents, across the world, but especially our Senate—is a compilation of speeches he and terrorist organizations from trans- troops in Afghanistan. There is no gave on the floor of the Senate, some of porting ammonium nitrate into Af- more important task at hand. them written out, but some of them he ghanistan where it is used in these im- f could give by memory. provised explosive devices. We know of his capacity to extempo- I am committed to highlighting this REMEMBERING SENATOR ROBERT raneously talk about so many topics, threat and supporting United States C. BYRD whether it was history or poetry or and international efforts to crack down Mr. CASEY. Mr. President, I wish to Scripture or the history of the Senate. on the proliferation of precursor offer a few words in remembrance of We will miss his scholarship, we will chemicals such as ammonium nitrate. Senator BYRD. I will offer a longer miss his service, and we will miss his

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5483 fidelity to his country and to his home Joe’s glad he’s still in the same origi- this building.’’ Joe adds that his employees State. I, along with others here, am nal location, saying, ‘‘You can’t dupli- help create the atmosphere there. honored to have served with him in cate the atmosphere of this building.’’ While many things have remained the same at Paul’s throughout the years, the this body. For me it was 31⁄2 years. To Judging by the crowd that turned out be in his presence, to listen to him, to for the 50th anniversary, he must cer- current management is making sure the business keeps current. Paul Neikirk never tainly be right. learn from him is a great gift. We would have imagined that his little shop mourn his passing. I do not think any The Commonwealth Journal recently would eventually be accessible to millions on of us will believe there will ever be a published an excellent article about the Internet. Now, the business can be found Senator quite like him in the 50 years Paul’s Discount, the Neikirk family’s at www.paulsdiscount.com and on Facebook. he served in this body, in addition to legacy and the 50th anniversary cele- ‘‘That’s part of it nowadays,’’ Joe said. But serving the people of West Virginia in bration that I would like to share with he still believes customers appreciate a good, the House of Representatives, as well my colleagues. I ask unanimous con- old fashioned brick and mortar shopping ex- as in the legislature in West Virginia. sent that the full article be printed in perience. We say farewell and God bless and the RECORD. ‘‘People still like to come to a store and look at what they’re buying,’’ he said. Paul’s Godspeed to ROBERT BYRD and his There being no objection, the mate- rial was ordered to be printed in the Discount is located on Ky. 2227, just north of memory. We are praying for and think- SomerSplash water park. Ky. 2227 is part of RECORD, as follows: ing this day and I know many future the former North U.S. 27, and was once the days about his legacy and his family. [From the Somerset Commonwealth most highly traveled road in the county. The Madam President, I yield the floor Journal, June 13, 2010] store is now a little more out-of-the-way and suggest the absence of a quorum. 50 YEARS OF SERVICE—‘‘UNIQUE’’ PAUL’S than it once was, but Joe says the change in The PRESIDING OFFICER. The DISCOUNT—A PULASKI GEM traffic patterns hasn’t hurt his business. clerk will call the roll. (By Tricia Neal, CJ Staff Writer) ‘‘Many local people were lost for a while,’’ Joe recalled. ‘‘We were really dead for a cou- The assistant legislative clerk pro- Paul’s Discount has always had a steady ple of weeks. But people find their way. . . . ceeded to call the roll. stream of customers, but yesterday, the cus- tomers came in droves—packing the parking It was an incredible risk (to stay in the same Mr. CASEY. Madam President, I ask lot and spilling out onto Ky. 2227 to help location). I thought it would affect us a lot unanimous consent that the order for president and general manager Joe Frank more than it has.’’ Store hours are 8 a.m. to the quorum call be rescinded. Neikirk and his employees celebrate 50 years 8 p.m., Mondays through Saturdays. The PRESIDING OFFICER. Without in business. Paul’s Discount, opened in 1960 objection, it is so ordered. by Joe’s parents, Paul and Frances Neikirk, f is described by Joe as a ‘‘unique’’ store—of- f fering sporting goods, hardware, automotive goods, clothing, and crafts. NOMINATION OF ELENA KAGAN MORNING BUSINESS What started as an Army surplus store Mr. LEAHY. Madam President, this Mr. CASEY. Madam President, I ask with three employees has evolved into a sprawling, multi-department retail store morning, the Supreme Court concluded unanimous consent that the Senate its work for the term and, accordingly, proceed to a period of morning busi- with 30 employees, all of whom Joe says help make Paul’s what it is. ‘‘God has blessed us it was Justice John Paul Stevens’ last ness, with Senators permitted to speak with good employees at every level, from de- day on the Court. This afternoon, the for up to 10 minutes each. partment managers to cashiers,’’ he said. Senate Judiciary Committee began the The PRESIDING OFFICER. Without Some of Paul’s Discount’s employees have hearing on the nomination of Elena objection, it is so ordered. worked in the store for nearly 30 years. Joe Kagan to succeed Justice Stevens on himself worked in his parents’ store while he the Supreme Court of the United f was in high school and college—and even ear- States. TRIBUTE TO JOE FRANK NEIKIRK lier, he recalled, passing out baby chickens to customers at Easter. Solicitor General Kagan appro- Mr. MCCONNELL. Madam President, ‘‘Customer service is the big thing about priately included a tribute to Justice I rise to pay tribute to Joe Frank Paul’s,’’ Joe said. ‘‘You actually get some- Stevens in her opening remarks. The Neikirk and the business success he body to ask you if you need help.’’ That kind Nation is indebted to Justice Stevens has helped build. Mr. Neikirk is the of friendly service is what brings customers for his decades of service to this coun- from Pulaski and surrounding counties—and president and general manager of even, Joe says, from northern , try, from his days as a Navy intel- Paul’s Discount in Somerset, KY. southern Ohio, and from other points east ligence officer during World War II for Paul’s Discount has become a local in- and west. which he was awarded a Bronze Star, to stitution in the region, and this month Paul Neikirk opened Paul’s Surplus on his his contributions as a circuit judge, to celebrated its 50th anniversary of oper- ancestors’ land north of Somerset in 1960. In his 35 years on our highest Court and ations. the beginning, the shop—the first discount his leadership there. The land that Paul’s Discount now store in south central Kentucky—occupied only about 1,800 square feet of space. Paul When I visited with Justice Stevens sits upon was purchased by Joe’s ances- passed away in late 1974. At that time, his earlier this year he shared with me the tor, Franklin Neikirk, and his spouse brother, Lyle Neikirk, took over manage- note President Ford had written a year for 500 cords of wood in 1856. Joe’s par- ment of the business. Lyle retired about 14 before his death in which the President ents, Paul E. and Frances R. Neikirk, years later, leaving the shop in the hands of said: ‘‘I am prepared to allow history’s opened the first discount store in Paul’s sons, Joe and Randy Neikirk. judgment of my term in office to rest south-central Kentucky on that land Joe continues to manage the store, which (if necessary, exclusively) on my nomi- now offers more than 20,000 square feet of 104 years later in the early spring of nation 30 years ago of John Paul Ste- selling space plus three warehouses, but he 1960. says his job has been made easy by those who vens to the U.S. Supreme Court.’’ Founder Paul Neikirk passed away in surround him. ‘‘Today, my wife, Jamie, and President Ford was justifiably proud of 1974. Today Joe runs the store with his I run the store. She does human resources, his nomination. Despite those on the wife Jamie. The original store occupied the employees do most everything else, and far right who have ranted against Jus- only about 1,800 square feet and had I handle whatever is left,’’ he said. tice Stevens’ refusal to be bound by three employees. Today, Paul’s Dis- ‘‘Our employees are almost self-suffi- narrow, conservative ideology and who count boasts more than 20,000 square cient.’’ While the merchandise available at have criticized his good judgment—just Paul’s is constantly changing, Joe hopes the feet of selling space, plus three ware- store’s quality customer service and its at- as they have Justice Sandra Day houses. mosphere will keep customers loyal. O’Connor and Justice — They offer sporting goods, hardware, ‘‘We could never open another Paul’s,’’ Joe his was principled jurisprudence found- automotive goods, clothing and crafts. said. ‘‘You can’t duplicate the atmosphere of ed on adherence to the rule of law and

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5484 CONGRESSIONAL RECORD — SENATE June 28, 2010 an appreciation for the effects of deci- I share Justice Stevens’ concern for and Democrat, will have 30 minutes to sions. the Court’s reputation. Two of the question her. I urge Senators to listen His was the first Supreme Court three branches of government are in- to Solicitor General Kagan’s responses nomination on which I have been privi- volved in campaigns and elections. and to approach the hearing with the leged to vote. I have never regretted When the American people see the same openmindedness and impartiality supporting his confirmation. Just as I third branch reaching out to influence that we expect from Supreme Court reached across the political aisle to those elections—as they did most re- Justices. vote for Justice Stevens, Justice cently in Arizona—they rightly get f O’Connor, and Justice Souter, who suspicious of its impartiality. I hope were nominated by Republican Presi- that Elena Kagan will show the judg- HONORING OUR ARMED FORCES dents, I have urged Senate Republicans ment and forthrightness of Justice Ste- PRIVATE FIRST CLASS BARRY DANIEL SMITH to fairly consider President Obama’s vens and share our concern about the nominations. Mrs. SHAHEEN. Madam President, public’s confidence in our judicial sys- today I rise to express my deepest sym- Justice Stevens has written impor- tem. Based on her Oxford thesis almost tant decisions upholding the power of pathies to the family of Army PFC 20 years ago, before she had even at- Barry Daniel Smith, who died on May Congress to pass legislation to protect tended law school, I expect that she hard-working Americans. He brought 7 while stationed at Fort Hood, TX. He will. I hope that she will honor Justice enlisted in the Army in October of 2009 to his opinions a keen understanding of Stevens’ extraordinary legacy and that the distinct roles set forth in our Con- and completed basic training and Mul- of the Justice for whom she clerked, stitution for courts and for our demo- tiple Launch Rocket System training Justice Thurgood Marshall, by so cratically elected Congress, and a re- before joining the 2nd Battalion, 20th doing. Field Artillery, MLRS, 41st Fires Bri- spect for both. In Gonzales v. Raich The country needs and deserves a Su- and in Tennessee v. Lane, Justice Ste- gade. The American people will forever preme Court that bases its decisions on vens authored the Supreme Court’s be grateful to Private First Class the law and the Constitution, not poli- opinions upholding Congress’ actions. I Smith for his willingness to serve. tics or an ideological agenda. A recent suspect these precedents will be even A longtime New Hampshire resident, pattern of Supreme Court decisions has more important as the Supreme Court Barry was a graduate of Littleton High emerged by a conservative, activist continues to examine laws passed by School and Hesser College in Man- majority. These opinions have twisted Congress to protect Americans from chester, where he earned a degree in both the Constitution and the law to discriminatory health insurance poli- criminal justice. He was a lover of the favor big corporations over the inter- cies and fraudulent Wall Street prac- great outdoors, of hunting and camping ests of hard-working Americans. tices. with family and friends. With his A decade ago, the Supreme Court The most recent example of this con- servative activism came just last week friendly nature and wonderful laugh, overreached and unnecessarily waded Barry made friends easily and had into the political thicket to award the in a case called Rent-a-Center v. Jack- son when they distorted their own many. presidency in a close election to Private Smith exemplified the best George W. Bush. In his dissent, Justice precedent the clear congressional in- tent in passing the Federal Arbitration in America’s long tradition of service Stevens lamented that the decision to this country. He was extremely would damage the Court’s reputation Act, FAA. Congress did not intend the FAA to apply to employment cases and proud to serve in the U.S. Army. Our and it did. He noted: ‘‘Although we Nation can never adequately thank may never know with complete cer- certainly did not intend involuntary and unconscionable provisions requir- Private Smith for his willingness to tainty the identity of the winner of make the ultimate sacrifice in the de- this year’s Presidential election, the ing binding mandatory arbitration to override civil rights protections fense of the American people, nor can identity of the loser is perfectly clear. words diminish the pain of losing this It is the Nation’s confidence in the against racial discrimination and re- taliation, as was allowed in that case. young soldier. It is now up to us to judge as an impartial guardian of the honor his memory by supporting our rule of law.’’ The five Justices distorted the law to forbid almost all court challenges to veterans and their families and ensur- While the public’s memory of that ing America’s continued security. partisan decision was receding, it came arbitration. In doing so, the court Private Barry Smith is survived by rushing back when the Supreme Court stripped quintessential civil rights pro- his parents Dan and Shelly Smith of issued another election-related deci- tections that Congress has passed over Auburn, ME, and Linda and Jonathan sion in the Citizens United case. In the last several decades for hundreds of Larrivee of Littleton, NH. He is also Citizens United, five conservative, ac- thousands of Americans who work survived by numerous siblings, grand- tivist Justices overturned a century of under mandatory arbitration agree- parents, aunts, uncles and cousins. law to empower corporations to over- ments. It is artifice and activism to the This young patriot will be dearly whelm and distort the democratic proc- detriment of hard-working Americans missed by all. ess by using corporate funds to influ- who deserve their day in court. I ask my colleagues and all Ameri- ence elections. Those five Justices sub- The law is not a game. The law is in- stituted their own preferences for the tended to serve the people—protecting cans to join me in honoring the life of judgment of Congress that had built on the freedom of individuals from the Army PFC Barry Daniel Smith. decades of legal development to pass tyranny of government or the mob, and f bipartisan campaign finance reform helping to organize our society for the TAX EXTENDERS BILL legislation. In order to reach its divi- good of all. No Justice should sub- sive decision granting corporations, stitute his or her personal preferences Mr. GRASSLEY. Madam President, I banks, and insurance companies new and overrule congressional efforts was surprised to see the Senate major- rights to the detriment of the voices of passed into law to protect hard-work- ity leader on Friday morning, in some individual Americans, the Court over- ing Americans pursuant to our con- of the harshest possible language, stepped the proper judicial role, and re- stitutional role. Judges must approach make the misleading assertion that jected not just the conclusions of the every case with an open mind and a Senate Republicans oppose the under- elected branches, but also its own re- commitment to fairness and the rule of lying policy in the tax extenders bill. cent precedent upholding the very law law. I was encouraged to hear Solicitor His statement conveniently ignored it chose to overturn. In one of his most General Kagan voice similar views in the basic reason nearly every Repub- powerful dissents, Justice Stevens her eloquent opening statement today. lican for opposing the Democratic lead- noted that: ‘‘[The] Court’s ruling I hope Americans took the opportunity ership’s substitute. It was opposed to threatens to undermine the integrity to see and hear from the nominee her- because it perpetuated the large deficit of elected institutions across the na- self. If they did, I suspect that they spending that has become the modus tion. The path it has taken to reach its will be supportive. operandi of the Democratic leadership. outcome will, I fear, do damage to this Tomorrow each Senator on the Judi- The way to a bipartisan agreement is institution.’’ He was right, again. ciary Committee, whether Republican to follow the path set 1 week ago

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5485 today. Just 1 week ago, the Senate ondary school teachers. If you are You can imagine, that today, after passed a bill that extended the so- going to school or if you are a grade considering these comments, I am real- called Medicare doc fix for several school teacher, the Senate Democratic ly scratching my head. We have before months. leadership apparently viewed you as a us the expiring tax and health provi- The bill was fully offset. It was paid fat cat. If your house was destroyed in sions that were disparaged just a short for. It did not add to the deficit. Every a recent natural disaster and you still time ago. Have they morphed from cor- Republican Senator supported that fis- need any of the temporary disaster re- porate tax pork? Have they suddenly cally responsible approach. I would lief provisions contained in the extend- re-acquired their bipartisan character? like to make a couple of points on the ers package, too bad, because helping Are these time-sensitive items, now ex- process employed by the Democratic you would amount to a corporate give- pired for more than 2 months, suddenly leadership. The majority leader’s com- away in the eyes of some. jobs-related? ments this morning are typical of the The tax extenders have been rou- Madam President, I also want to cor- dysfunctional way that these routine tinely passed repeatedly because they rect the record regarding a statement extenders have been unnecessarily de- are bipartisan and very popular. Demo- made last Thursday night by the senior layed by the strategy and tactics of the crats have consistently voted in favor Senator from Illinois. He said that the Democratic leadership. of extending these tax provisions. international tax increases that the What I find surprising is that we House Speaker NANCY PELOSI released Democrats have called for in the ex- took up a package, the fourth in the a very strong statement upon House tenders bill would stop companies from latest series, that, like previous exer- passage of tax extenders in December sending jobs overseas. If only these cises, absolutely belongs to the Senate of 2009, saying this was ‘‘good for busi- international tax increases would do Democratic leadership. That is to say nesses, good for homeowners, and good that, I would be at the front of the line, they continued to refuse to take up a for our communities.’’ December of doing what I could to pass them. But, bipartisan package that I put together 2009 was not very long ago. In 2006, the unfortunately, that is not what they with Finance Committee Chairman then-Democratic leader released a blis- would do. I would like to briefly de- BAUCUS. To be sure, some of the struc- tering statement ‘‘after Bush Repub- scribe why, if anything, these inter- ture reflected the agreement my licans in the Senate blocked passage of national tax increases would actually friend, the chairman and I reached. critical tax extenders’’ because ‘‘Amer- tend to hurt the job market here at I was under the impression that the ican families and businesses are paying home in America. Senate Democratic leadership was gen- the price because this Do Nothing Re- Quite to the contrary of the com- uine in its desire to work on a bipar- publican Congress refuses to extend im- plaint by the senior Senator from Illi- tisan basis, but clearly I was mistaken. portant tax breaks.’’ nois, these international tax increases Although the Senate Democratic lead- Recent bipartisan votes in the Senate may make American businesses less ership was highly involved in the devel- on extending expiring tax provisions competitive in the global marketplace. opment of a bipartisan bill, they arbi- have come in the Emergency Economic Increased taxes increase the cost of trarily decided to replace it with a bill Stabilization Act of 2008, the Tax Re- doing business. Those tax increases are that skews toward their liberal wing. lief and Health Care Act of 2006, which targeted only at U.S. companies on My second comment goes to the way passed the Senate by unanimous con- their business abroad. They are not in which these expiring tax provisions sent and the Working Families Tax Re- aimed at foreign companies with which have been described by many on the lief Act of 2004, which originally passed the U.S. companies are competing side- other side, including those in the the Senate by voice vote, although the by-side. Guess what. The cost must be Democratic leadership. If you rolled conference report only received 92 absorbed by the U.S. company. The the videotape back a few months or so votes in favor and a whopping 3 cost of these tax increases may make it ago, you would hear a lot of dispar- against. According to the non-partisan less likely that American businesses aging comments about these routine, Congressional Research Service, exten- will hire. Instead German, or Indian, or bipartisan extenders. From my per- sion of several of these provisions go Chinese companies will out-compete spective, those comments were made in back even further, including the Tax and thus be hiring more. If the U.S. an effort to sully the bipartisan agree- Relief Extension Act of 1999, which taxes the foreign subsidiaries of U.S. ment reached by Chairman BAUCUS and again passed the Senate by unanimous parent companies at ever higher rates, me. consent, but lost 1 vote on the con- the result won’t be jobs kept here at If you take a look at newspaper ac- ference report. home. counts of that period, you’d come away One Member on the other side said No, the result will instead be that with the impression that the tax ex- ‘‘Our side isn’t sure that the Repub- the U.S. will become a less and less at- tenders are partisan pork for Repub- licans are real interested in developing tractive place to have a parent com- licans. A representative sample comes good policy and to move forward to- pany, to have a global headquarters. from one report, which describes the gether. Instead, they are more inclined This will result in less, not more, but bipartisan bill as ‘‘an extension of to play rope-a-dope again, My own view less jobs here in America. soon-to-expire tax breaks that are is, let’s test them.’’ Another Member of But that is certainly not my only ob- highly beneficial to major corpora- this large 59-vote majority exclaimed, jection. Not only could these inter- tions, known as tax extenders, as well ‘‘It looks more like a tax bill than a national tax increases result in less as other corporate giveaways that had jobs bill to me. What the Democratic American jobs, but these proposed tax been designed to win GOP support.’’ Caucus is going to put on the floor is increases have not had adequate vet- The Washington Post included this at- something that’s more focused on job ting. In some cases, the proposed tax tribution to the Senate Democratic creation than on tax breaks.’’ increases would actually be retro- leadership in an article at that time: Reading those comments I found my- active. These tax increases would be ‘‘We’re pretty close,’’ [the majority self scratching my head. The only ex- permanent tax increases, meant to pay leader] said Friday during a television planation for this behavior is that cer- for temporary tax reductions—a appearance in Nevada, adding that he tain senators decided last week that it strange miss-match. If these inter- thought ‘‘fat cats’’ would have bene- serves a deeply partisan goal to slander national tax increases really are loop- fitted too much from the larger Bau- what have been for several years bipar- hole closers, then it is squandering cus-Grassley bill.’’ tisan and popular tax provisions bene- them to use them for such temporary The portrait that was painted by cer- fitting many different people. The provisions, rather than to use them to tain members of the majority in some Washington Post article I quoted from pay for corporate tax reform. press reports was inaccurate. earlier includes a statement from a Finally, the business community— For one thing the tax extenders in- Senate Democratic leadership aide say- that is, the hiring sector—has reacted clude provisions such as the deduction ing that ‘‘No decisions have been made, quite negatively to this bill, even for qualified tuition and related ex- but anyone expecting us immediately though the bill also contains the tax penses and also the deduction for cer- to go back to a bill that includes tax extenders that the business community tain expenses of elementary and sec- extenders will be sorely disappointed.’’ wants.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5486 CONGRESSIONAL RECORD — SENATE June 28, 2010 Those are the reasons that I oppose bilities improved through further inno- River. Risking his own life, Lenny these tax increases. vation and testing. I urge my col- jumped into the icy waters and saved f leagues to join me in supporting the one of the passengers from drowning. SAFER AIR Act and do all we can to His selfless and heroic act was widely SAFER AIR ACT better protect the traveling public acclaimed at the time. President Mr. BENNETT. Madam President, I from existing and emerging threats. Reagan honored Lenny in his State of am pleased to rise today to speak f the Union Address, singling him out in about an important piece of legislation the House gallery. This acknowledge- that I introduced last week with my ADDITIONAL STATEMENTS ment began the tradition of Presidents, friend Senator KLOBUCHAR. The SAFER in their State of the Union Addresses, AIR Act is going to bring our commer- ARKANSAS NEWS-EDITORIAL recognizing people who have done ex- cial air travel security checkpoints CONTEST WINNERS traordinary things. The President’s into the 21st century. Threats to our gallery in the House is now often re- ∑ Nation’s air travelers have advanced Mrs. LINCOLN. Madam President, ferred to as ‘‘the Heroes’ Gallery,’’ and magnetometers are simply not today I congratulate the 2010 winners thanks to Lenny. enough in this post-9/11 world. Our leg- of the Arkansas Press Association’s Lenny received many awards and islation would support and expand News-Editorial Contest, who were hon- honors for his actions on that day. But TSA’s current efforts to adopt and de- ored this past weekend during the 2010 he never sought out the limelight or ploy advanced technologies, like the Tri-State Convention, cohosted by the asked for special treatment. He re- advanced imaging technology, and ex- press associations of Arkansas, Mis- mained a humble and hardworking pub- plosive trace detection at an acceler- sissippi and Tennessee. I commend the lic servant. Lenny insists he ‘‘wasn’t a ated pace to ensure such equipment is Arkansas reporters, editors, and staff hero,’’ and that he ‘‘was just someone the primary screening method in every who were recognized during this pres- who helped another human being.’’ But commercial airport. tigious event. we know a hero when we see one. We The December 25 terror attempt on Under the leadership of executive di- can’t thank Lenny enough for his long, NW flight 253 was a frightening wake- rector Tom Larimer, the Arkansas faithful service to CBO and the Amer- up call that could have been prevented. Press Association serves 135 news- ican people. I wish him a long, happy, It represents a failure in the mecha- papers: 99 weeklies, six semi-weeklies, and well-deserved retirement.∑ nisms of our national security. This 28 dailies and 2 free newspapers. ∑ Mr. GREGG. Madam President, today failed plot highlights our need to look Our Arkansas newspapers inform I would like to recognize and thank a at areas that can increase our security citizens throughout our State and are dedicated civil servant, Martin Leon- in the national airport system imme- an essential part of Arkansas’s culture. ard Skutnik. Lenny, as he is known, diately. Important security improve- I appreciate the dedication of all of our recently retired after working for 30 ments have been made in intelligence Arkansas news media, and I commend years for the Congressional Budget Of- handling, but I am convinced more them on their commitment to excel- fice. He started at CBO in 1980 handling needs to be done. Airport security im- lence in journalism. the mail and messenger duties—before provements are a needed and overdue As the oldest professional association the advent of the internet, email, and part of the equation. in the State, the Arkansas Press Asso- blackberries—and later worked to help I have been watching our domestic ciation has a long history of supporting print and produce CBO reports and pro- airport security closely in the past our local newspapers. All Arkansans vide IT support. Lenny worked behind year. My airport in Salt Lake City, UT, should be proud of the hard work put in the scenes, tirelessly for three decades, is a testing site for advanced imaging each day by our Arkansas news media, to help provide Congress with the in- technology. I have seen this machine in who work tirelessly to fairly and accu- formation it needed. Lenny was a use, and been impressed with what rep- rately report the news of the day. model civil servant, and for that he de- resents a true advancement in the Their work educates and inspires each serves our respect and praise. technology of safer skies. TSA needs to one of us, and I am grateful that we Lenny was also a model citizen, and utilize equipment that is currently live in a society where reporters are whether he thought so or not, a hero. available to identify plastic and liquid able to perform their jobs freely and In January 1982, Lenny witnessed a explosives as well as move forward openly. horrible event when an Air Florida with the development and testing of I again congratulate all of the win- plane crashed into the Potomac River new technologies to fight emerging ners of this year’s conference.∑ near the 14th Street bridge. Without so threats. f much as a thought about his own safe- Our bill will require TSA to install ty, Lenny jumped into the river, which technology with the capability of de- TRIBUTE TO MARTIN LEONARD SKUTNIK was full of chunks of floating ice, and tecting plastic explosives, liquid explo- saved the life of one of the crash vic- sives and other nonmetallic threats ∑ Mr. CONRAD. Madam President, I tims. He was honored later that month and explosives. These devices have want to take a moment to honor a by President Reagan during his State been tested and available since 2007. great civil servant. On June 4, Martin of the Union Address, and this began The delay in deployment has gone on Leonard Skutnik retired after 30 years the inspirational tradition of Presi- long enough. The SAFER AIR Act will of working at the Congressional Budget dents honoring ordinary people who require this technology in all commer- Office. Lenny exemplified the best of have done extraordinary things. cial airports by 2013 and will encourage our public workforce. In his decades of Through it all, Lenny shied away the further development of these tech- service, Lenny worked tirelessly to from the spotlight and continued to re- nologies as threats continue to ad- support the work of CBO. He moved port to work, putting 100 percent effort vance. from handling mail and supplies, to into his work each day. He worked An important provision in our legis- printing reports, to providing IT sup- hard, remained humble, and never lation is the privacy protections it will port. Lenny’s behind-the-scenes efforts sought to exploit his fame. His char- establish for our traveling public. I ap- helped CBO in its mission to provide acter exemplifies the best of the Amer- plaud TSA for the protections it has al- Congress and the public with clear, ican spirit, and for that he deserves our ready put in place. Our language will timely, and accurate information. For admiration. I wish to thank Lenny for codify those protections and ensure the that alone, he deserves our recognition his hard work and for his heroism— new technologies will also be used in a and deepest thanks. may he enjoy a healthy and well-de- manner that doesn’t violate the per- But Lenny will also be remembered served retirement.∑ sonal privacy of commercial flyers in for the heroic deed he performed early f the United States. in his career at CBO. On a cold January New and emerging technologies have day in 1982, Lenny was returning home MESSAGES FROM THE PRESIDENT a great ability to detect nontraditional from work when he witnessed Air Flor- Messages from the President of the threats. I am eager to see these capa- ida flight 90 crash into the Potomac United States were communicated to

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5487 the Senate by Mrs. Neiman, one of his EXECUTIVE AND OTHER EC–6409. A communication from the Attor- secretaries. COMMUNICATIONS ney, U.S. Coast Guard, Department of Home- land Security, transmitting, pursuant to f The following communications were law, the report of a rule entitled ‘‘Safety laid before the Senate, together with Zone; Annual Events Requiring Safety Zones CAPS EXECUTIVE MESSAGES accompanying papers, reports, and doc- in the Captain of the Port Lake Michigan REFERRED uments, and were referred as indicated: Zone’’ ((RIN1625–AA00) (Docket No. USG– 2010–0129)) received in the Office of the Presi- As in executive session the Presiding EC–6401. A communication from the Sec- retary of the Air Force, transmitting, pursu- dent of the Senate on June 23, 2010; to the 0fficer laid before the Senate messages ant to law, the RAND report entitled ‘‘Re- Committee on Commerce, Science, and from the President of the United taining F–22A Tooling: Options and Costs’’; Transportation. States submitting sundry nominations to the Committee on Armed Services. EC–6410. A communication from the Attor- and a withdrawal which were referred EC–6402. A communication from the Chief ney, U.S. Coast Guard, Department of Home- to the appropriate committees. of the Border Security Regulations Branch, land Security, transmitting, pursuant to Customs and Border Protection, Department law, the report of a rule entitled ‘‘Safety (The nominations received today are Zone; Tri-City Water Follies Hydroplane printed at the end of the Senate pro- of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘Ad- Races Practice Sessions, Columbia River, ceedings.) ministrative Process for Seizures and For- Kennewick, WA’’ ((RIN1625–AA00) (Docket feitures Under the Immigration and Nation- No. USG–2010–0277)) received in the Office of f ality Act and Other Authorities’’ (RIN1651– the President of the Senate on June 23, 2010; to the Committee on Commerce, Science, MESSAGE FROM THE HOUSE AA58) received in the Office of the President of the Senate on June 23, 2010; to the Com- and Transportation. SIGNED mittee on Commerce, Science, and Transpor- EC–6411. A communication from the Attor- tation. ney, U.S. Coast Guard, Department of Home- Under the authority of the order of land Security, transmitting, pursuant to the Senate of January 6, 2009, the fol- EC–6403. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Safety lowing enrolled bill, previously signed of Homeland Security, transmitting, pursu- Zone; Washington State Department of by the Speaker of the House, was ant to law, the report of a rule entitled ‘‘Spe- Transportation Ferries Division Marine Res- signed on today, June 28, 2010, by the cial Local Regulation for Marine Events; cue Response (M2R) Full-Scale Exercise for a President pro tempore (Mr. INOUYE): Temporary Change of Dates for Recurring Mass Rescue Incident (MRI)’’ ((RIN1625– AA00) (Docket No. USG–2010–0389)) received H.R. 2194. An act to amend the Iran Sanc- Marine Events in the Fifth Coast Guard Dis- in the Office of the President of the Senate tions Act of 1996 to enhance United States trict’’ ((RIN1625–AA08) (Docket No. USG– on June 23, 2010; to the Committee on Com- diplomatic efforts with respect to Iran by ex- 2010–0102)) received in the Office of the Presi- dent of the Senate on June 23, 2010; to the merce, Science, and Transportation. panding economic sanctions against Iran. EC–6412. A communication from the Attor- Committee on Commerce, Science, and ney, U.S. Coast Guard, Department of Home- Transportation. At 2:03 p.m., a message from the land Security, transmitting, pursuant to House of Representatives, delivered by EC–6404. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Safety Mrs. Cole, one of its reading clerks, an- of Homeland Security, transmitting, pursu- Zone; Marathon Oil Refinery Construction, nounced that the House has passed the ant to law, the report of a rule entitled Rouge River, Detroit, MI’’ ((RIN1625–AA00) (Docket No. USG–2010–0333)) received in the following bills, in which it requests the ‘‘Regulated Navigation Area; U.S. Navy Sub- Office of the President of the Senate on June concurrence of the Senate: marines, Hood Canal, WA’’ ((RIN1625–AA11) 23, 2010; to the Committee on Commerce, (Docket No. USG–2009–1058)) received in the H.R. 5136. An act to authorize appropria- Science, and Transportation. tions for fiscal year 2011 for military activi- Office of the President of the Senate on June EC–6413. A communication from the Attor- ties of the Department of Defense, for mili- 23, 2010; to the Committee on Commerce, ney, U.S. Coast Guard, Department of Home- tary construction, and for defense activities Science, and Transportation. land Security, transmitting, pursuant to EC–6405. A communication from the Attor- of the Department of Energy, to prescribe law, the report of a rule entitled ‘‘Safety ney Advisor, U.S. Coast Guard, Department military personnel strengths for such fiscal Zone; May Fireworks Displays within the of Homeland Security, transmitting, pursu- year, and for other purposes. Captain of the Port Puget Sound Area of Re- ant to law, the report of a rule entitled ‘‘Spe- H.R. 5175. An act to amend the Federal sponsibility (AOR)’’ ((RIN1625–AA00) (Docket Election Campaign Act of 1971 to prohibit cial Local Regulations for Marine Events; No. USG–2010–0285)) received in the Office of foreign influence in Federal elections, to Patapsco River, Northwest Harbor, Balti- the President of the Senate on June 23, 2010; prohibit government contractors from mak- more, MD’’ ((RIN1625–AA08) (Docket No. to the Committee on Commerce, Science, ing expenditures with respect to such elec- USG–2010–0087)) received in the Office of the and Transportation. tions, and to establish additional disclosure President of the Senate on June 29, 2010; to EC–6414. A communication from the requirements with respect to spending in the Committee on Commerce, Science, and Project Council, U.S. Coast Guard, Depart- such elections, and for other purposes. Transportation. ment of Homeland Security, transmitting, EC–6406. A communication from the Attor- pursuant to law, the report of a rule entitled f ney Advisor, U.S. Coast Guard, Department ‘‘Safety Zone, Brandon Road Lock and Dam of Homeland Security, transmitting, pursu- to Lake Michigan including Des Plaines MEASURES PLACED ON THE ant to law, the report of a rule entitled ‘‘Se- River, Chicago Sanitary and Ship Canal, Chi- CALENDAR curity Zone; Portland Rose Festival Fleet cago River, and Calumet—Saganashkee Week, Willamette River, Portland, OR’’ The following bill was read the first Channel, Chicago, IL’’ ((RIN1625–AA00) ((RIN1625–AA87) (Docket No. USG–2010–0196)) (Docket No. USG–2010–0166)) received in the and second times by unanimous con- received in the Office of the President of the Office of the President of the Senate on June sent, and placed on the calendar: Senate on June 23, 2010; to the Committee on 23, 2010; to the Committee on Commerce, H.R. 5136. An act to authorize appropria- Commerce, Science, and Transportation. Science, and Transportation. tions for fiscal year 2011 for military activi- EC–6407. A communication from the Attor- EC–6415. A communication from the Attor- ties of the Department of Defense, for mili- ney Advisor, U.S. Coast Guard, Department ney Advisor, U.S. Coast Guard, Department tary construction, and for defense activities of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- of the Department of Energy, to prescribe ant to law, the report of a rule entitled ‘‘Se- ant to law, the report of a rule entitled military personnel strengths for such fiscal curity Zone; Potomac River, Washington ‘‘Safety Zone; Gallants Channel, Beaufort, year, and for other purposes. Channel, Washington, DC’’ ((RIN1625–AA87) NC’’ ((RIN1625–AA00) (Docket No. USG–2010– (Docket No. USG–2010–0405)) received in the 0120)) received in the Office of the President f Office of the President of the Senate on June of the Senate on June 23, 2010; to the Com- 23, 2010; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- MEASURES READ THE FIRST TIME Science, and Transportation. tation. EC–6408. A communication from the Attor- The following bill was read the first EC–6416. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department ney Advisor, U.S. Coast Guard, Department time: of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- H.R. 5175. An act to amend the Federal ant to law, the report of a rule entitled ‘‘Se- ant to law, the report of a rule entitled Election Campaign Act of 1971 to prohibit curity Zone; Golden Guardian 2010 Regional ‘‘Safety Zone; Marine Events within the Cap- foreign influence in Federal elections, to Exercise; San Francisco Bay, San Francisco, tain of the Port Sector Northern New Eng- prohibit government contractors from mak- CA’’ ((RIN1625–AA87) (Docket No. USG–2010– land Area of Responsibility’’ ((RIN1625–AA00) ing expenditures with respect to such elec- 0221)) received in the Office of the President (Docket No. USG–2010–0239)) received in the tions, and to establish additional disclosure of the Senate on June 23, 2010; to the Com- Office of the President of the Senate on June requirements with respect to spending in mittee on Commerce, Science, and Transpor- 23, 2010; to the Committee on Commerce, such elections, and for other purposes. tation. Science, and Transportation.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5488 CONGRESSIONAL RECORD — SENATE June 28, 2010 EC–6417. A communication from the Attor- EC–6427. A communication from the Chair- cation of a proposed manufacturing license ney Advisor, U.S. Coast Guard, Department man of the Council of the District of Colum- agreement for the export of defense articles, of Homeland Security, transmitting, pursu- bia, transmitting, pursuant to law, a report including, technical data, and defense serv- ant to law, the report of a rule entitled on D.C. Act 18–438, ‘‘District of Columbia ices to Turkey and Poland for the manufac- ‘‘Safety Zone; KFOG Kaboom, Fireworks Public Schools Teacher Reinstatement Tem- ture of machined parts, subassemblies and Display, San Francisco, CA’’ ((RIN1625–AA00) porary Act of 2010’’; to the Committee on components for all models of the H–60/S–70, (Docket No. USG–2010–0162)) received in the Homeland Security and Governmental Af- H–53, and H–92 families of helicopters in the Office of the President of the Senate on June fairs. amount of $100,000,000 or more; to the Com- 23, 2010; to the Committee on Commerce, EC–6428. A communication from the Chair- mittee on Foreign Relations. Science, and Transportation. man of the Council of the District of Colum- EC–6437. A communication from the Assist- EC–6418. A communication from the Attor- bia, transmitting, pursuant to law, a report ant Secretary, Bureau of Legislative Affairs, ney Advisor, U.S. Coast Guard, Department on D.C. Act 18–439, ‘‘Solar Thermal Incentive Department of State, transmitting, pursuant of Homeland Security, transmitting, pursu- Temporary Amendment Act of 2010’’; to the to the Arms Export Control Act, the certifi- ant to law, the report of a rule entitled Committee on Homeland Security and Gov- cation of a proposed technical assistance ‘‘Safety Zone; Sea World Summer Nights ernmental Affairs. agreement for the export of defense articles, Fireworks, Mission Bay, San Diego, CA’’ EC–6429. A communication from the Chair- including, technical data, and defense serv- ((RIN1625–AA00) (Docket No. USG–2010–0213)) man of the Council of the District of Colum- ices to support the C3 Commercial Commu- received in the Office of the President of the bia, transmitting, pursuant to law, a report nication Satellite Programs of Brazil in the Senate on June 23, 2010; to the Committee on on D.C. Act 18–440, ‘‘Senior Housing Mod- amount of $50,000,000 or more; to the Com- Commerce, Science, and Transportation. ernization Grant Fund Act of 2010’’; to the mittee on Foreign Relations. EC–6419. A communication from the Attor- Committee on Homeland Security and Gov- EC–6438. A communication from the Assist- ney Advisor, U.S. Coast Guard, Department ernmental Affairs. ant Secretary, Bureau of Legislative Affairs, of Homeland Security, transmitting, pursu- EC–6430. A communication from the Chair- Department of State, transmitting, pursuant ant to law, the report of a rule entitled man of the Council of the District of Colum- to the Arms Export Control Act, the certifi- ‘‘Safety Zone; San Clemente 3 NM Safety bia, transmitting, pursuant to law, a report cation of a proposed technical assistance Zone, San Clemente Island, CA’’ ((RIN1625– on D.C. Act 18–444, ‘‘Prohibition Against agreement for the export of defense articles, AA00) (Docket No. USG–2009–0277)) received Human Trafficking Amendment Act of 2010’’; including, technical data, and defense serv- in the Office of the President of the Senate to the Committee on Homeland Security and ices to support the 737 Airborne Early Warn- on June 23, 2010; to the Committee on Com- Governmental Affairs. ing and Control Wedgetail System pre- merce, Science, and Transportation. EC–6431. A communication from the Gen- EC–6420. A communication from the Attor- viously delivered to the Commonwealth of eral Counsel, Office of Management and Australia in the amount of $100,000,000 or ney Advisor, U.S. Coast Guard, Department Budget, Executive Office of the President, of Homeland Security, transmitting, pursu- more; to the Committee on Foreign Rela- transmitting, pursuant to law, (3) reports tions. ant to law, the report of a rule entitled relative to vacancies in positions in the Of- ‘‘Safety Zone; Under Water Clean Up of Cop- EC–6439. A communication from the Assist- fice of Management and Budget; to the Com- ant Secretary, Bureau of Legislative Affairs, per Canyon, Lake Havasu, AZ’’ ((RIN1625– mittee on Homeland Security and Govern- AA00) (Docket No. USG–2010–0168)) received Department of State, transmitting, pursuant mental Affairs. to the Arms Export Control Act, the certifi- in the Office of the President of the Senate EC–6432. A communication from the Sec- cation of a proposed amendment to a tech- on June 23, 2010; to the Committee on Com- retary of Education, transmitting, pursuant nical assistance agreement for the export of merce, Science, and Transportation. to law, a report on the Department’s Semi- defense articles, including, technical data, EC–6421. A communication from the Attor- annual Report to Congress on Audit Follow- and defense services for the upgrade of Swed- ney Advisor, U.S. Coast Guard, Department Up for the period of October 1, 2009, through of Homeland Security, transmitting, pursu- ish Low Coverage Radars in the amount of March 31, 2010; to the Committee on Home- ant to law, the report of a rule entitled $50,000,000 or more; to the Committee on For- land Security and Governmental Affairs. eign Relations. ‘‘Safety Zone; Riser for DEEPWATER HORI- EC–6433. A communication from the Assist- EC–6440. A communication from the Assist- ZON at Mississippi Canyon 252 Outer Conti- ant Secretary, Bureau of Legislative Affairs, ant Legal Adviser for Treaty Affairs, Depart- nental Shelf MODU in the Gulf of Mexico’’ Department of State, transmitting, pursuant ment of State, transmitting, pursuant to the ((RIN1625–AA00) (Docket No. USG–2010–0337)) to the Arms Export Control Act, the certifi- Case-Zablocki Act, 1 U.S.C. 112b, as amended, received in the Office of the President of the cation of a proposed manufacturing license Senate on June 23, 2010; to the Committee on the report of the texts and background state- agreement for the export of defense articles, Commerce, Science, and Transportation. ments of international agreements, other including technical data and defense services EC–6422. A communication from the Sec- than treaties (List 2010–0089—2010–0092); to to Japan and Israel to support the manufac- retary of Energy, transmitting, pursuant to the Committee on Foreign Relations. law, an annual report relative to the Stra- ture and assembly of Helmet Mounted Dis- plays for the Fighter Aircraft of the Armed tegic Petroleum Reserve for calendar year f 2008; to the Committee on Energy and Nat- Forces of Japan in the amount of $50,000,000 ural Resources. or more; to the Committee on Foreign Rela- EC–6423. A communication from the Chief tions. REPORTS OF COMMITTEES of the Publications and Regulations Branch, EC–6434. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, The following reports of committees Internal Revenue Service, Department of the were submitted: Treasury, transmitting, pursuant to law, the Department of State, transmitting, pursuant report of a rule entitled ‘‘Revenue Proce- to the Arms Export Control Act, the certifi- By Mrs. BOXER, from the Committee on dure: Safe Harbors for Sections 143 and 25’’ cation of a proposed manufacturing license Environment and Public Works, with amend- (Rev. Proc. 2010–25) received in the Office of agreement for the export of defense articles, ments: the President of the Senate on June 23, 2010; including, technical data, and defense serv- S. 2129. A bill to authorize the Adminis- to the Committee on Finance. ices to Bermuda, Hong Kong, Cayman Is- trator of General Services to convey a parcel EC–6424. A communication from the Chair- lands, Malaysia and the Philippines for the of real property in the District of Columbia man of the Council of the District of Colum- sale and support of the Asia Broadcast Sat- to provide for the establishment of a Na- bia, transmitting, pursuant to law, a report ellite 2 (ABS 2) Commercial Communications tional Women’s History Museum (Rept. No. on D.C. Act 18–435, ‘‘Brookland Streetscape Satellite Program in the amount of 111–216). Temporary Act of 2010’’; to the Committee $50,000,000 or more; to the Committee on For- H.R. 1700. A bill to authorize the Adminis- on Homeland Security and Governmental Af- eign Relations. trator of General Services to convey a parcel fairs. EC–6435. A communication from the Assist- of real property in the District of Columbia EC–6425. A communication from the Chair- ant Secretary, Bureau of Legislative Affairs, to provide for the establishment of a Na- man of the Council of the District of Colum- Department of State, transmitting, pursuant tional Women’s History Museum (Rept. No. bia, transmitting, pursuant to law, a report to the Arms Export Control Act, the certifi- 111–217). on D.C. Act 18–436, ‘‘Renewable Energy In- cation of a proposed manufacturing license centive Program Fund Balance Rollover agreement for the export of defense articles, f Temporary Amendment Act of 2010’’; to the including, technical data, and defense serv- Committee on Homeland Security and Gov- ices to Japan and Israel to support the man- ernmental Affairs. ufacture and assembly of Helmet Mounted INTRODUCTION OF BILLS AND EC–6426. A communication from the Chair- Displays for the Fighter Aircraft of the JOINT RESOLUTIONS man of the Council of the District of Colum- Armed Forces of Japan in the amount of The following bills and joint resolu- bia, transmitting, pursuant to law, a report $50,000,000 or more; to the Committee on For- tions were introduced, read the first on D.C. Act 18–437, ‘‘Commission on Uniform eign Relations. State Laws Appointment Authorization EC–6436. A communication from the Assist- and second times by unanimous con- Temporary Act of 2010’’; to the Committee ant Secretary, Bureau of Legislative Affairs, sent, and referred as indicated: on Homeland Security and Governmental Af- Department of State, transmitting, pursuant By Mr. WHITEHOUSE (for himself and fairs. to the Arms Export Control Act, the certifi- Mr. VITTER):

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5489 S. 3540. A bill to amend the Federal Water Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, Omnibus Crime Control and Safe Pollution Control Act to reauthorize the Na- Mrs. HUTCHISON, Mr. INHOFE, Mr. Streets Act of 1986 to include nonprofit tional Estuary Program, and for other pur- INOUYE, Mr. ISAKSON, Mr. JOHANNS, and volunteer ground and air ambu- poses; to the Committee on Environment and Mr. JOHNSON, Mr. KAUFMAN, Mr. lance crew members and first respond- Public Works. KERRY, Ms. KLOBUCHAR, Mr. KOHL, By Mrs. FEINSTEIN: Mr. KYL, Ms. LANDRIEU, Mr. LAUTEN- ers for certain benefits. S. 3541. A bill to prohibit royalty incen- BERG, Mr. LEAHY, Mr. LEMIEUX, Mr. S. 1382 tives for deepwater drilling, and for other LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, At the request of Mr. DODD, the name purposes; to the Committee on Energy and Mr. LUGAR, Mr. MCCAIN, Mrs. of the Senator from Georgia (Mr. Natural Resources. MCCASKILL, Mr. MENENDEZ, Mr. ISAKSON) was added as a cosponsor of S. By Ms. MURKOWSKI: MERKLEY, Ms. MIKULSKI, Ms. MUR- 1382, a bill to improve and expand the S. 3542. A bill to create a fair and efficient KOWSKI, Mrs. MURRAY, Mr. NELSON of Peace Corps for the 21st century, and system to resolve claims of victims for eco- Nebraska, Mr. NELSON of Florida, Mr. for other purposes. nomic injury caused by the Deepwater Hori- PRYOR, Mr. REED, Mr. RISCH, Mr. zon incident, to establish a Commission to ROBERTS, Mr. SANDERS, Mr. SCHUMER, S. 1553 investigate and report on corrective meas- Mr. SESSIONS, Mrs. SHAHEEN, Mr. At the request of Mr. GRASSLEY, the ures to prevent similar incidents, to improve SHELBY, Ms. SNOWE, Mr. SPECTER, name of the Senator from Minnesota the Oil Spill Liability Trust Fund and Fed- Ms. STABENOW, Mr. TESTER, Mr. (Ms. KLOBUCHAR) was added as a co- eral oil spill research, and for other pur- THUNE, Mr. UDALL of Colorado, Mr. sponsor of S. 1553, a bill to require the poses; to the Committee on Finance. UDALL of New Mexico, Mr. VITTER, Secretary of the Treasury to mint Mr. VOINOVICH, Mr. WARNER, Mr. f coins in commemoration of the Na- WEBB, Mr. WHITEHOUSE, Mr. WICKER, tional Future Farmers of America Or- SUBMISSION OF CONCURRENT AND and Mr. WYDEN): SENATE RESOLUTIONS S. Res. 572. A resolution relative to the ganization and the 85th anniversary of death of the Honorable Robert C. Byrd, a the founding of the National Future The following concurrent resolutions Senator from the State of West Virginia; Farmers of America Organization. and Senate resolutions were read, and considered and agreed to. S. 2740 referred (or acted upon), as indicated: f At the request of Mrs. MURRAY, the By Mr. REID (for himself and Mr. ADDITIONAL COSPONSORS name of the Senator from Connecticut MCCONNELL): (Mr. DODD) was added as a cosponsor of S. Res. 567. A resolution to elect Daniel K. S. 535 S. 2740, a bill to establish a comprehen- Inouye, a Senator from the State of Hawaii, At the request of Mr. NELSON of Flor- sive literacy program. to be President pro tempore of the Senate of ida, the name of the Senator from Ohio the United States; considered and agreed to. S. 3034 (Mr. BROWN) was added as a cosponsor By Mr. REID (for himself and Mr. At the request of Mr. SCHUMER, the of S. 535, a bill to amend title 10, MCCONNELL): names of the Senator from Ohio (Mr. , to repeal require- S. Res. 568. A resolution notifying the BROWN), the Senator from Georgia (Mr. ment for reduction of survivor annu- House of Representatives of the election of a ISAKSON) and the Senator from Hawaii President pro tempore; considered and ities under the Survivor Benefit Plan (Mr. AKAKA) were added as cosponsors agreed to. by veterans’ dependency and indemnity of S. 3034, a bill to require the Sec- By Mr. REID (for himself and Mr. compensation, and for other purposes. MCCONNELL): retary of the Treasury to strike medals S. 714 S. Res. 569. A resolution notifying the in commemoration of the 10th anniver- President of the United States of the elec- At the request of Mr. WEBB, the name sary of the September 11, 2001, terrorist tion of a President pro tempore; considered of the Senator from (Mrs. attacks on the United States and the and agreed to. BOXER) was added as a cosponsor of S. establishment of the National Sep- By Mr. CASEY (for himself, Mr. LEVIN, 714, a bill to establish the National tember 11 Memorial & Museum at the Mr. KAUFMAN, Mr. WEBB, Mr. REED, Criminal Justice Commission. World Trade Center. Ms. SNOWE, and Mr. KYL): S. 1159 S. Res. 570. A resolution calling for contin- S. 3183 At the request of Mrs. BOXER, the ued support for and an increased effort by At the request of Mr. WYDEN, the the Governments of Pakistan, Afghanistan, name of the Senator from North Caro- name of the Senator from Washington and other Central Asian countries to effec- lina (Mr. BURR) was added as a cospon- (Ms. CANTWELL) was added as a cospon- tively monitor and regulate the manufac- sor of S. 1159, a bill to promote free- sor of S. 3183, a bill to amend the Inter- ture, sale, transport, and use of ammonium dom, human rights, and the rule of law nal Revenue Code of 1986 to extend the nitrate fertilizer in order to prevent the in Vietnam. nonbusiness energy property credit to transport of ammonium nitrate into Afghan- S. 1273 roofs with pigmented coatings which istan where the ammonium nitrate is used in At the request of Mr. DORGAN, the improvised explosive devices; considered and meet Energy Star program require- agreed to. names of the Senator from Ohio (Mr. ments. By Mrs. GILLIBRAND (for herself, Mr. BROWN) and the Senator from Mis- S. 3320 VOINOVICH, Mr. LIEBERMAN, Mr. SCHU- sissippi (Mr. WICKER) were added as co- At the request of Mr. WHITEHOUSE, MER, Mr. LEVIN, Mr. CASEY, Mr. KYL, sponsors of S. 1273, a bill to amend the the names of the Senator from New and Mr. VITTER): Public health Service Act to provide Jersey (Mr. MENENDEZ) and the Sen- S. Res. 571. A resolution calling for the im- for the establishment of permanent na- ator from Maine (Ms. SNOWE) were mediate and unconditional release of Israeli tional surveillance systems for mul- added as cosponsors of S. 3320, a bill to soldier Gilad Shalit held captive by Hamas, tiple sclerosis, Parkinson’s disease, and and for other purposes; considered and amend the Public Health Service Act agreed to. other neurological diseases and dis- to provide for a Pancreatic Cancer Ini- By Mr. REID (for himself, Mr. MCCON- orders. tiative, and for other purposes. NELL, Mr. ROCKEFELLER, Mr. AKAKA, S. 1275 S. 3339 Mr. ALEXANDER, Mr. BARRASSO, Mr. At the request of Mr. WARNER, the At the request of Mr. KERRY, the BAUCUS, Mr. BAYH, Mr. BEGICH, Mr. name of the Senator from Oregon (Mr. name of the Senator from Colorado BENNET, Mr. BENNETT, Mr. BINGAMAN, MERKLEY) was added as a cosponsor of (Mr. BENNET) was added as a cosponsor Mr. BOND, Mrs. BOXER, Mr. BROWN of S. 1275, a bill to establish a National Massachusetts, Mr. BROWN of Ohio, of S. 3339, a bill to amend the Internal Mr. BROWNBACK, Mr. BUNNING, Mr. Foundation on Physical Fitness and Revenue Code of 1986 to provide a re- BURR, Mr. BURRIS, Ms. CANTWELL, Sports to carry out activities to sup- duced rate of excise tax on beer pro- Mr. CARDIN, Mr. CARPER, Mr. CASEY, port and supplement the mission of the duced domestically by certain small Mr. CHAMBLISS, Mr. COBURN, Mr. President’s Council on Physical Fit- producers. COCHRAN, Ms. COLLINS, Mr. CONRAD, ness and Sports. S. 3409 Mr. CORKER, Mr. CORNYN, Mr. CRAPO, S. 1353 At the request of Ms. LANDRIEU, the Mr. DEMINT, Mr. DODD, Mr. DORGAN, EAHY Mr. DURBIN, Mr. ENSIGN, Mr. ENZI, At the request of Mr. L , the name of the Senator from Kansas (Mr. Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. name of the Senator from Oregon (Mr. BROWNBACK) was added as a cosponsor FRANKEN, Mrs. GILLIBRAND, Mr. MERKLEY) was added as a cosponsor of of S. 3409, a bill to make certain adjust- GRAHAM, Mr. GRASSLEY, Mr. GREGG, S. 1353, a bill to amend title 1 of the ments to the price analysis of propane

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5490 CONGRESSIONAL RECORD — SENATE June 28, 2010 prepared by the Secretary of Com- addressed by the plan, with consideration (4) CONFORMING AMENDMENT.—The sentence merce. given to hydrological boundaries; following section 320(b)(8) of the Federal ‘‘(B) recommends priority corrective ac- Water Pollution Control Act (as so redesig- S. 3424 tions and compliance schedules addressing— nated) (33 U.S.C. 1330(b)(8)) is amended by At the request of Mr. DURBIN, the ‘‘(i) point and nonpoint sources of pollu- striking ‘‘paragraph (7)’’ and inserting name of the Senator from New Jersey tion; and ‘‘paragraph (8)’’. (Mr. MENENDEZ) was added as a cospon- ‘‘(ii) protection and conservation actions— (b) MEMBERS OF CONFERENCE; COLLABO- sor of S. 3424, a bill to amend the Ani- ‘‘(I) to restore and maintain the chemical, RATIVE PROCESSES.— mal Welfare Act to provide further pro- physical, and biological integrity of the es- (1) MEMBERS OF CONFERENCE.—Section tection for puppies. tuary, including— 320(c)(5) of the Federal Water Pollution Con- ‘‘(aa) restoration and maintenance of trol Act (33 U.S.C. 1330(c)(5)) is amended by S. 3466 water quality, wetlands, and natural hydro- inserting ‘‘not-for-profit organizations,’’ At the request of Mr. LEAHY, the logic flows; after ‘‘institutions,’’. name of the Senator from New York ‘‘(bb) a resilient and diverse indigenous (2) COLLABORATIVE PROCESSES.—Section (Mr. SCHUMER) was added as a cospon- population of shellfish, fish, and wildlife; and 320(d) of the Federal Water Pollution Control sor of S. 3466, a bill to require restitu- ‘‘(cc) recreational activities in the estuary; Act (33 U.S.C. 1330(d)) is amended— tion for victims of criminal violations and (A) by striking ‘‘(d)’’ and all that follows through ‘‘In developing’’ and inserting the of the Federal Water Pollution Control ‘‘(II) to ensure that the designated uses of the estuary are protected; following: Act, and for other purposes. ‘‘(C) identifies healthy watershed compo- ‘‘(d) USE OF EXISTING DATA AND COLLABO- S. 3489 nents for protection and conservation by car- RATIVE PROCESSES.— At the request of Mr. VITTER, the rying out integrated assessments, where ap- ‘‘(1) USE OF EXISTING DATA.—In devel- name of the Senator from Utah (Mr. propriate, of— oping’’; and (B) by adding at the end the following: HATCH) was added as a cosponsor of S. ‘‘(i) aquatic habitat and biological integ- ‘‘(2) USE OF COLLABORATIVE PROCESSES.—In 3489, a bill to terminate the morato- rity; ‘‘(ii) water quality; and updating a plan under subsection (f)(4) or de- rium on deepwater drilling issued by ‘‘(iii) natural hydrologic flows; veloping a new plan under subsection (b), a the Secretary of the Interior. ‘‘(D) considers current and future sustain- management conference shall make use of S. 3512 able commercial activities in the estuary; collaborative processes— At the request of Mrs. HUTCHISON, the ‘‘(E) addresses the impacts of climate ‘‘(A) to ensure equitable inclusion of af- name of the Senator from Alabama change on the estuary, including— fected interests; ‘‘(B) to engage with members of the man- (Mr. SESSIONS) was added as a cospon- ‘‘(i) the identification and assessment of agement conference, including through— sor of S. 3512, a bill to provide a statu- vulnerabilities in the estuary; ‘‘(ii) the development and implementation ‘‘(i) the use of consensus-based decision tory waiver of compliance with the of adaptation strategies; and rules; and Jones Act to foreign flagged vessels as- ‘‘(iii) the impacts of changes in sea level on ‘‘(ii) assistance from impartial facilitators, sisting in responding to the Deepwater estuarine water quality, estuarine habitat, as appropriate; Horizon oil spill. and infrastructure located in the estuary; ‘‘(C) to ensure relevant information, in- S. 3519 ‘‘(F) increases public education and aware- cluding scientific, technical, and cultural in- ness with respect to— formation, is accessible to members; At the request of Ms. SNOWE, the ‘‘(i) the ecological health of the estuary; ‘‘(D) to promote accountability and trans- name of the Senator from Rhode Island ‘‘(ii) the water quality conditions of the es- parency by ensuring members are informed (Mr. WHITEHOUSE) was added as a co- tuary; and in a timely manner of— sponsor of S. 3519, a bill to stabilize the ‘‘(iii) ocean, estuarine, land, and atmos- ‘‘(i) the purposes and objectives of the matching requirement for participants pheric connections and interactions; management conference; and in the Hollings Manufacturing Partner- ‘‘(G)(i) identifies and assesses impair- ‘‘(ii) the results of an evaluation conducted ship Program. ments, including upstream impairments, under subsection (f)(3); coming from outside of the area addressed by ‘‘(E) to identify the roles and responsibil- f the plan, and the sources of those impair- ities of members— STATEMENTS ON INTRODUCED ments; and ‘‘(i) in the management conference pro- BILLS AND JOINT RESOLUTIONS ‘‘(ii) provides the applicable State with ceedings; and any information on such impairments or the ‘‘(ii) in the implementation of the plan; By Mr. WHITEHOUSE (for him- sources of such impairments; and self and Mr. VITTER): ‘‘(H) includes performance measures and ‘‘(F) to seek resolution of conflicts or dis- S. 3540. A bill to amend the Federal goals to track implementation of the plan; putes as necessary.’’. Water Pollution Control Act to reau- and (c) ADMINISTRATION OF PLANS.—Section 320 thorize the National Estuary Program, ‘‘(I) includes a coordinated monitoring of the Federal Water Pollution Control Act and for other purposes; to the Com- strategy for Federal, State, and local govern- (33 U.S.C. 1330) is amended by striking sub- ments and other entities.’’. section (f) and inserting the following: mittee on Environment and Public (2) MONITORING AND MAKING RESULTS AVAIL- ‘‘(f) ADMINISTRATION OF PLANS.— Works. ABLE.—Section 320(b) of the Federal Water ‘‘(1) APPROVAL.—Not later than 120 days Mr. WHITEHOUSE. Mr. President, I Pollution Control Act (33 U.S.C. 1330(b)) is after the date on which a management con- ask unanimous consent that the text of amended by striking paragraph (6) and in- ference submits to the Administrator a com- the bill be printed in the RECORD. serting the following: prehensive conservation and management There being no objection, the text of ‘‘(6) monitor (and make results available to plan under this section, and after providing the bill was ordered to be printed in the public regarding)— for public review and comment, the Adminis- ‘‘(A) water quality conditions in the estu- trator shall approve the plan, if— the RECORD, as follows: ary and the associated upstream waters of ‘‘(A) the Administrator determines that S. 3540 the estuary identified under paragraph the plan meets the requirements of this sec- Be it enacted by the Senate and House of Rep- (4)(A); tion; and resentatives of the United States of America in ‘‘(B) healthy watershed and habitat condi- ‘‘(B) each affected Governor concurs. Congress assembled, tions that relate to the ecological health and ‘‘(2) IMPLEMENTATION.— SECTION 1. SHORT TITLE. water quality conditions of the estuary; and ‘‘(A) IN GENERAL.—On the approval of a This Act may be cited as the ‘‘Clean Estu- ‘‘(C) the effectiveness of actions taken pur- comprehensive conservation and manage- aries Act of 2010’’. suant to the comprehensive conservation and ment plan under this section, the plan shall SEC. 2. NATIONAL ESTUARY PROGRAM AMEND- management plan developed for the estuary be implemented. MENTS. under this subsection;’’. ‘‘(B) USE OF AUTHORIZED AMOUNTS.— (a) PURPOSES OF CONFERENCE.— (3) INFORMATION AND EDUCATIONAL ACTIVI- Amounts authorized to be appropriated (1) DEVELOPMENT OF COMPREHENSIVE CON- TIES.—Section 320(b) of the Federal Water under titles II and VI and section 319 may be SERVATION AND MANAGEMENT PLANS.—Section Pollution Control Act (33 U.S.C. 1330(b)) is used in accordance with the applicable re- 320(b) of the Federal Water Pollution Control amended— quirements of this Act to assist States with Act (33 U.S.C. 1330(b)) is amended by striking (A) by redesignating paragraph (7) as para- the implementation of a plan approved under paragraph (4) and inserting the following: graph (8); and paragraph (1). ‘‘(4) develop and submit to the Adminis- (B) by inserting after paragraph (6) the fol- ‘‘(3) EVALUATION.— trator a comprehensive conservation and lowing: ‘‘(A) IN GENERAL.—Not later than 5 years management plan that— ‘‘(7) provide information and educational after the date of enactment of this para- ‘‘(A) identifies the estuary and the associ- activities on the ecological health and water graph, and every 5 years thereafter, the Ad- ated upstream waters of the estuary to be quality conditions of the estuary; and’’. ministrator shall carry out—

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5491 ‘‘(i) an evaluation of the implementation tent practicable, in a manner consistent ministrator under this section, except that of each comprehensive conservation and with the plan. such expenses shall not exceed 10 percent of management plan developed under this sec- ‘‘(2) COORDINATION AND COOPERATION.— the amount appropriated under this sub- tion to determine the degree to which the ‘‘(A) IN GENERAL.—The Secretary of the section; goals of the plan have been met; and Army (acting through the Chief of Engi- ‘‘(B) making grants under subsection (h); ‘‘(ii) a review of the program designed to neers), the Administrator of the National and implement the plan. Oceanic and Atmospheric Administration, ‘‘(C) monitoring the implementation of a ‘‘(B) REVIEW AND COMMENT BY MANAGEMENT the Director of the United States Fish and conservation and management plan by the CONFERENCE.—In completing an evaluation Wildlife Service, the Secretary of the De- management conference, or by the Adminis- under subparagraph (A), the Administrator partment of Agriculture, the Director of the trator in any case in which the conference shall submit the results of the evaluation to United States Geological Survey, the Sec- has been terminated. the appropriate management conference for retary of the Department of Transportation, ‘‘(2) ALLOCATIONS.—Of the sums authorized review and comment. the Secretary of the Department of Housing to be appropriated under this subsection, the ‘‘(C) REPORT.— and Urban Development, and the heads of Administrator shall provide— ‘‘(i) IN GENERAL.—In completing an evalua- other appropriate Federal agencies, as deter- ‘‘(A) at least $1,250,000 per fiscal year, sub- tion under subparagraph (A), and after pro- mined by the Administrator, shall, to the ject to the availability of appropriations, for viding an opportunity for a management maximum extent practicable, cooperate and the development, implementation, and moni- conference to submit comments under sub- coordinate activities, including monitoring toring of each conservation and management paragraph (B), the Administrator shall issue activities, related to the implementation of plan eligible for grant assistance under sub- a report on the results of the evaluation, in- a comprehensive conservation and manage- section (h); and cluding the findings and recommendations of ment plan approved by the Administrator. ‘‘(B) up to $5,000,000 per fiscal year to carry the Administrator and any comments re- ‘‘(B) LEAD COORDINATING AGENCY.—The En- out subsection (k).’’. ceived from the management conference. vironmental Protection Agency shall serve (g) RESEARCH.—Section 320(k)(1)(A) of the ‘‘(ii) AVAILABILITY TO PUBLIC.—The Admin- as the lead coordinating agency under this Federal Water Pollution Control Act (as re- istrator shall make a report issued under paragraph. designated by subsection (d)) is amended— this subparagraph available to the public, in- ‘‘(3) CONSIDERATION OF PLANS IN AGENCY (1) by striking ‘‘paramenters’’ and insert- cluding through publication in the Federal BUDGET REQUESTS.—In making an annual ing ‘‘parameters’’; and Register and on the Internet. budget request for a Federal agency referred (2) by inserting ‘‘(including monitoring of ‘‘(D) SPECIAL RULE FOR NEW PLANS.—Not- to in paragraph (2), the head of such agency both pathways and ecosystems to track the withstanding subparagraph (A), if a manage- shall consider the responsibilities of the introduction and establishment of nonnative ment conference submits a new comprehen- agency under this section, including under species)’’ before ‘‘, to provide the Adminis- sive conservation and management plan to comprehensive conservation and manage- trator’’. the Administrator after the date of enact- ment plans approved by the Administrator. (h) NATIONAL ESTUARY PROGRAM EVALUA- ment of this paragraph, the Administrator ‘‘(4) MONITORING.—The heads of the Federal TION.—Section 320 of the Federal Water Pol- shall complete the evaluation of the imple- agencies referred to in paragraph (2) shall lution Control Act (33 U.S.C. 1330) is amend- ed by inserting after subsection (k) (as redes- mentation of the plan required by subpara- collaborate on the development of tools and ignated by subsection (d)) the following: graph (A) not later than 5 years after the methodologies for monitoring the ecological ‘‘(l) NATIONAL ESTUARY PROGRAM EVALUA- date of such submission and every 5 years health and water quality conditions of estu- TION.— thereafter. aries covered by a management conference ‘‘(1) IN GENERAL.—Not later than 5 years ‘‘(4) UPDATES.— convened under this section.’’. (e) GRANTS.— after the date of enactment of this para- ‘‘(A) REQUIREMENT.—Not later than 18 (1) IN GENERAL.—Subsection (h) (as redesig- graph, and every 5 years thereafter, the Ad- months after the date on which the Adminis- nated by subsection (d)) of section 320 of the ministrator shall complete an evaluation of trator makes an evaluation of the implemen- Federal Water Pollution Control Act (33 the national estuary program established tation of a comprehensive conservation and U.S.C. 1330) is amended— under this section. management plan available to the public (A) in paragraph (1), by striking ‘‘other ‘‘(2) SPECIFIC ASSESSMENTS.—In conducting under paragraph (3)(C), a management con- public’’ and all that follows before the period an evaluation under this subsection, the Ad- ference convened under this section shall at the end and inserting ‘‘and other public or ministrator shall— submit to the Administrator an update of nonprofit private agencies, institutions, and ‘‘(A) assess the effectiveness of the na- the plan that reflects, to the maximum ex- organizations’’; and tional estuary program in improving water tent practicable, the results of the program (B) by adding at the end the following: quality, natural resources, and sustainable evaluation. ‘‘(4) EFFECTS OF PROBATIONARY STATUS.— uses of the estuaries covered by management ‘‘(B) APPROVAL OF UPDATES.—Not later ‘‘(A) REDUCTIONS IN GRANT AMOUNTS.—The conferences convened under this section; than 120 days after the date on which a man- Administrator shall reduce, by an amount to ‘‘(B) identify best practices for improving agement conference submits to the Adminis- be determined by the Administrator, grants water quality, natural resources, and sus- trator an updated comprehensive conserva- for the implementation of a comprehensive tainable uses of the estuaries covered by tion and management plan under subpara- conservation and management plan devel- management conferences convened under graph (A), and after providing for public re- oped by a management conference convened this section, including those practices funded view and comment, the Administrator shall under this section, if the Administrator de- through the use of technical assistance from approve the updated plan, if the Adminis- termines that the management conference is the Environmental Protection Agency and trator determines that the updated plan in probationary status under subsection other Federal agencies; meets the requirements of this section. (f)(5). ‘‘(C) assess the reasons why the best prac- ‘‘(5) PROBATIONARY STATUS.—The Adminis- ‘‘(B) TERMINATION OF MANAGEMENT CON- tices described in subparagraph (B) resulted trator may consider a management con- FERENCES.—The Administrator shall termi- in the achievement of program goals; ference convened under this section to be in nate a management conference convened ‘‘(D) identify any redundant requirements probationary status, if the management con- under this section, and cease funding for the for reporting by recipients of a grant under ference has not received approval for an up- implementation of the comprehensive con- this section; and dated comprehensive conservation and man- servation and management plan developed ‘‘(E) develop and recommend a plan for agement plan under paragraph (4)(B) on or by the management conference, if the Ad- limiting reporting any redundancies. before the last day of the 3-year period be- ministrator determines that the manage- ‘‘(3) REPORT.—In completing an evaluation ginning on the date on which the Adminis- ment conference has been in probationary under this subsection, the Administrator trator makes an evaluation of the plan avail- status for 2 consecutive years.’’. shall issue a report on the results of the able to the public under paragraph (3)(C).’’. (2) CONFORMING AMENDMENT.—Section 320(i) evaluation, including the findings and rec- (d) FEDERAL AGENCIES.—Section 320 of the the Federal Water Pollution Control Act (as ommendations of the Administrator. Federal Water Pollution Control Act (33 redesignated by subsection (d)) is amended ‘‘(4) AVAILABILITY.—The Administrator U.S.C. 1330) is amended— by striking ‘‘subsection (g)’’ and inserting shall make a report issued under this sub- (1) by redesignating subsections (g), (h), (i), ‘‘subsection (h)’’. section available to management con- (j), and (k) as subsections (h), (i), (j), (k), and (f) AUTHORIZATION OF APPROPRIATIONS.— ferences convened under this section and the (m), respectively; and Section 320 of the Federal Water Pollution public, including through publication in the (2) by inserting after subsection (f) the fol- Control Act (33 U.S.C. 1330) (as redesignated Federal Register and on the Internet.’’. lowing: by subsection (d)) is amended by striking (i) CONVENING OF CONFERENCE.—Section ‘‘(g) FEDERAL AGENCIES.— subsection (j) and inserting the following: 320(a)(2) of the Federal Water Pollution Con- ‘‘(1) ACTIVITIES CONDUCTED WITHIN ESTU- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— trol Act (33 U.S.C. 1330(a)(2)) is amended— ARIES WITH APPROVED PLANS.—After approval ‘‘(1) IN GENERAL.—There is authorized to be (1) by striking ‘‘(2) CONVENING OF CON- of a comprehensive conservation and man- appropriated to the Administrator $75,000,000 FERENCE.—’’ and all that follows through ‘‘In agement plan by the Administrator, any for each of fiscal years 2011 through 2016 for— any case’’ and inserting the following: Federal action or activity affecting the estu- ‘‘(A) expenses relating to the administra- ‘‘(2) CONVENING OF CONFERENCE.—In any ary shall be conducted, to the maximum ex- tion of management conferences by the Ad- case’’; and

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5492 CONGRESSIONAL RECORD — SENATE June 28, 2010 (2) by striking subparagraph (B). Ocean via the Loop Current; The re- that blowout preventers have a failure (j) GREAT LAKES ESTUARIES.—Section sponse techniques, such as the use of rate of 45 percent. 320(m) of the Federal Water Pollution Con- dispersants, may have their own toxic These technologies are insufficient, trol Act (as redesignated by subsection (d)) is consequences; and and they are particularly vulnerable in amended by striking the subsection designa- tion and all that follows through ‘‘and those Upcoming storms may delay or pre- deep waters. portions of tributaries’’ and inserting the vent continued containment and re- Methane hydrate crystals form when following: sponse efforts. methane gas mixes with pressurized ‘‘(m) DEFINITIONS.—In this section, the The impacts of an oil spill are so dra- cold ocean waters—and the likelihood terms ‘estuary’ and ‘estuarine zone’ have the matic and devastating, it seems clear of these crystals forming increases dra- meanings given the terms in section to me that regulation, oversight and matically at about 400 meters depth. 104(n)(4), except that— prevention technologies should be rig- These crystals interfere with response ‘‘(1) the term ‘estuary’ also includes near orous. But that is clearly not the case. coastal waters and other bodies of water and containment technologies. They within the Great Lakes that are similar in Regulators failed to ensure appro- formed in the cofferdam dome that was form and function to the waters described in priate safety and response technologies lowered onto the gushing oil in the the definition of ‘estuary’ in section were in place. Gulf, and prevented it from working. 104(n)(4); and MMS gave BP a categorical exclusion When a remotely operated underwater ‘‘(2) the term ‘estuarine zone’ also in- from an environmental impact analysis vehicle bumped the valves in the ‘‘top cludes— that in my opinion should never have hat’’ device, the containment cap had ‘‘(A) waters within the Great Lakes de- been allowed. to be removed and slowly replaced to scribed in paragraph (1) and transitional MMS allowed BP to run a drilling op- prevent formation of these crystals areas from such waters that are similar in eration without the demonstrated abil- form and function to the transitional areas again. described in the definition of ‘estuarine zone’ ity to shut off the flow of gas and oil in Other risks increase too, as explained in section 104(n)(4); an emergency. by the Wall Street Journal: ‘‘(B) associated aquatic ecosystems; and MMS allowed BP to operate without Drilling in deeper water doesn’t change the ‘‘(C) those portions of tributaries’’. remote shutoff capability in case the fundamental process, but it makes virtually drilling rig became disabled. everything harder. Rigs must be bigger so By Mrs. FEINSTEIN: MMS did not have an inspector on they can hold more drilling pipe to stretch S. 3541. A bill to prohibit royalty in- the rig to settle the heated argument vast distances. The pipes themselves must be centives for deepwater drilling, and for between the BP, Transocean, and Halli- stronger to withstand ocean currents. Equip- other purposes; to the Committee on burton officials on how they would stop ment on the sea floor must be sturdier to Energy and Natural Resources. drilling and plug the well. face extreme pressures at depth. Drill bits Mrs. FEINSTEIN. Mr. President, I must be tougher so they don’t melt in the MMS did not have—and did not re- 400-degree temperatures they encounter deep rise today to introduce the Deepwater quire the industry to have—emergency in the earth. And it is harder for drillers to Drilling Royalty Prohibition Act. equipment stationed in the Gulf of exert just the right amount of pressure down The purpose of this bill is to ensure Mexico that could respond imme- the well bore, enough to keep oil and gas that taxpayer dollars are not used to diately to an emergency. from spurting upwards—a blowout—but not incentivize the dangerous and often MMS did not have a plan for respond- so much that they crack open the rocks be- dirty business of offshore drilling in ing to disasters. neath the surface, which could also lead to a deep waters. MMS did not, in fact, have a real in- blowout. Over the past decades, Congress has spection and compliance program. It It is clear that prevention, contain- established a number of royalty-relief relied on the expertise and advice of ment, and clean-up measures are not programs to encourage domestic explo- the industry on how and how much sufficient to handle oil leaks, particu- ration and production in deep waters. they should be inspected. larly in deep waters. This may have made sense in times This is not how things should be American taxpayers should not fore- when oil prices were too low to provide done. We expect more from our govern- go revenue to incentivize offshore drill- energy companies with an incentive to ment. ing. It is not good environmental pol- drill in difficult places, and before we Prevention and response technologies icy, and it is not good energy policy ei- were ready to deploy large-scale renew- show similar unacceptable deficits: ther. able energy production. they are not good enough. We need to move to clearer renew- But that is no longer the case. The These have not improved much since able fuels. events of the last weeks have shown the oil spill in 1969 off the California I believe that global warming is the that safety and response technologies coast near Santa Barbara. That too biggest environmental crisis we face— are not sufficient in deep waters. I be- was caused by a natural gas blowout and the biggest culprit of global warm- lieve taxpayer-funded incentives when pressure in the drill hole fluc- ing is manmade emissions produced by should go to clean, renewable energy, tuated. It was successfully plugged the combustion of fossil fuels, like oil not deepwater drilling for oil. with mud and cement after 11 and a and coal. The disastrous impacts of the leak half days, but oil and gas continued to Taxpayer funded incentives should from the Deepwater Horizon have seep for months. The Santa Barbara not finance production of fossil fuels— shown that offshore drilling has enor- spill was devastating, but it was a tiny particularly in places where the pro- mous environmental and safety risks— fraction of the size of the Deepwater duction itself poses potential devasta- particularly in deep waters. Eleven Horizon spill. tion, but rather should be used to de- people died and 17 others were injured The old technology was not good velop and deploy clean energy tech- when the Deepwater Horizon caught enough, but now it appears that even nologies like wind and solar. I very fire. All these weeks later, we continue the newest safety technology fails to much believe this. to watch in horror as the scope of the prevent wellhead blowouts. That is why I have worked with my disaster keeps expanding: The Deepwater Horizon drill rig was colleagues on a number of legislative Oil slicks spread inexorably across just completed in 2001. initiatives designed to reduce green- the Gulf of Mexico; The drill rig that caused the 2009 spill house gas emissions, increase energy Pelicans and other wildlife struggle in the Montara oil and gas field in the efficiency and incentivize the use of re- to free themselves from crude oil; tar Timor Sea—one of the worst in Aus- newable energy. balls spoil the pristine white sand tralia’s history—was designed and built One of our biggest victories was the beaches of Florida; Wetlands are coat- in 2007. That spill continued unchecked enactment of the aggressive fuel econ- ed with toxic sludge; More than 1/3 of for 74 days. omy law, called the Ten in Ten Fuel Federal waters in the Gulf have been The New York Times reports that the Economy Act, which was passed by closed to fishing; The plumes of oil blind shear rams in the blowout pre- Congress and signed into law by then- under water may create zones of tox- venters—the last line of defense to pre- President Bush in the 110th Congress. icity or low oxygen for aquatic life; vent wellhead leaks are ‘‘surprisingly This law, which I authored with Sen- The oil may spread into the Atlantic vulnerable’’ to failure. One study found ator SNOWE, will improve fuel economy

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5493 standards for passenger vehicles at the SECTION 1. SHORT TITLE. S. RES. 569 maximum feasible rate. The good news This Act may be cited as the ‘‘Deepwater Resolved, That the President of the United is that the administration has taken Drilling Royalty Prohibition Act’’. States be notified of the election of the Hon- the framework of this law and imple- SEC. 2. PROHIBITION ON ROYALTY INCENTIVES orable Daniel K. Inouye as President of the mented aggressive standards that re- FOR DEEPWATER DRILLING. Senate pro tempore. (a) IN GENERAL.—Notwithstanding any f quire raising fleetwide fuel economy to other provision of law, the Secretary of the 35.5 mpg in 2016—a 40 percent increase Interior shall not issue any oil or gas lease SENATE RESOLUTION 570—CALL- above today’s standard. sale under the Outer Continental Shelf ING FOR CONTINUED SUPPORT The other positive development is Lands Act (43 U.S.C. 1331 et seq.) with roy- FOR AND AN INCREASED EF- that the domestic renewable energy in- alty-based incentives in any tract located in FORT BY THE GOVERNMENTS OF dustry has grown dramatically over water depths of 400 meters or more on the PAKISTAN, AFGHANISTAN, AND the last few years. Last year, the outer Continental Shelf. OTHER CENTRAL ASIAN COUN- United States added more new capacity (b) ROYALTY RELIEF FOR DEEP WATER PRO- TRIES TO EFFECTIVELY MON- DUCTION.—Section 345 of the Energy Policy to produce renewable electricity than ITOR AND REGULATE THE MAN- it did to produce electricity from nat- Act of 2005 (42 U.S.C. 15905) is repealed. (c) ROYALTY RELIEF.—Section 8(a)(3) of the UFACTURE, SALE, TRANSPORT, ural gas, or oil, or coal. A great deal of Outer Continental Shelf Lands Act (43 U.S.C. AND USE OF AMMONIUM NI- this growth can be attributed to gov- 1337(a)(3)) is amended by adding at the end TRATE FERTILIZER IN ORDER ernment renewable energy incentives. the following: TO PREVENT THE TRANSPORT That is where public investment in en- ‘‘(D) PROHIBITION.—Notwithstanding sub- OF AMMONIUM NITRATE INTO ergy development should go. paragraphs (A) through (C) or any other pro- AFGHANISTAN WHERE THE AM- It is clear that the clean energy sec- vision of law, the Secretary shall not reduce MONIUM NITRATE IS USED IN tor is the next frontier in jobs creation. or eliminate any royalty or net profit share IMPROVISED EXPLOSIVE DE- for any lease or unit located in water depths We need to ensure that developers VICES can access financing to launch wind, of 400 meters or more on the outer Conti- solar and geothermal projects, so that nental Shelf.’’. Mr. CASEY (for himself, Mr. LEVIN, (d) APPLICATION.—This section and the they can put people to work. Programs Mr. KAUFMAN, Mr. WEBB, Mr. REED, Ms. amendments made by this section— SNOWE, and Mr. KYL) submitted the fol- like The Recovery Act grant program (1) apply beginning with the first lease sale run by the Treasury Department have lowing resolution; which was consid- held on or after the date of enactment of this ered and agreed to: been very successful in encouraging Act for which a final notice of sale has not S. RES. 570 private investment in this sector. So been published as of that date; and far, the program has helped to bring (2) do not apply to a lease in effect on the Whereas it is illegal to manufacture, own, 4,250 megawatts of clean power online date of enactment of this Act. or use ammonium nitrate fertilizer in Af- ghanistan since a ban was instituted by Af- and is expected to generate more than f ghan President Hamid Karzai in January 143,000 green jobs by the end of the SUBMITTED RESOLUTIONS 2010; year, according to the Lawrence Berke- Whereas ammonium nitrate fertilizer has ley National Laboratory. The program, historically been and continues to be 1 of the however, is set to expire at the end of SENATE RESOLUTION 567—TO primary explosive ingredients used in impro- year if we don’t act. So, I’m working ELECT DANIEL K. INOUYE, A vised explosive devices (referred to in this preamble as ‘‘IEDs’’) by Taliban insurgents on legislation that will extend this suc- SENATOR FROM THE STATE OF cessful program for an additional 2 in Afghanistan against the United States HAWAII, TO BE PRESIDENT PRO and coalition forces; years. TEMPORE OF THE SENATE OF Whereas 275 United States troops were All told, these types of measures are THE UNITED STATES killed by IEDs in Afghanistan in 2009; helping to foster the incentives that Whereas large amounts of ammonium ni- will push the United States to adopt a Mr. REID (for himself and Mr. trate are shipped into Afghanistan from cleaner energy future, and to move MCCONNELL) submitted the following Pakistan, Iran, and other Central Asian away from fossil fuels. resolution; which was considered and countries; Let me make one final point clear, I agreed to: Whereas the Government of Pakistan has don’t believe the oil companies need S. RES. 567 indicated a willingness to work collabo- ratively with the Governments of the United Resolved, That Daniel K. Inouye, a Senator taxpayer dollars to help them out. States and Afghanistan to address the regu- from the State of Hawaii, be, and he is here- They are already reaping record prof- lation and interdiction of ammonium nitrate by, elected President of the Senate pro tem- its. fertilizer and other IED precursors; and pore. Last year, the top 10 U.S. oil compa- Whereas the United States government nies’ combined revenues were almost f currently provides assistance to Pakistan for $850 billion. Yet we continue to use SENATE RESOLUTION 568—NOTI- agricultural development and capacity build- ing: Now, therefore, be it money that should come to the U.S. FYING THE HOUSE OF REP- Treasury, to add to their bottom line. Resolved, That the Senate— RESENTATIVES OF THE ELEC- (1) urges the Governments of Pakistan, Af- This is unacceptable. TION OF A PRESIDENT PRO TEM- ghanistan, and other Central Asian countries Oil reserves are a public resource. PORE to fully commit to regulating the sale, trans- When a private company profits from port, and use of ammonium nitrate in the re- those public resources, American tax- Mr. REID (for himself and Mr. gion; payers should benefit too. MCCONNELL) submitted the following (2) calls on the Secretary of State— I urge my colleagues to support this resolution; which was considered and (A) to continue to diplomatically engage legislation and ensure that royalties agreed to: with the Governments of Pakistan, Afghani- stan, and other Central Asian countries to owed to the taxpayers are not waived S. RES. 568 address the proliferation and transportation to incentivize risky off-shore drilling. Resolved, That the House of Representa- of ammonium nitrate and other improvised In these critical economic times, every tives be notified of the election of the Honor- explosive device (‘‘IED’’) precursors in the cent of the people’s money should be able Daniel K. Inouye as President of the region; and spent wisely, on clean, efficient and Senate pro tempore. (B) to work with the World Customs Orga- safe technologies. f nization and other international bodies, as the Secretary of State determines to be ap- Mr. President, I ask unanimous con- SENATE RESOLUTION 569—NOTI- sent that the text of the bill be printed propriate, on initiatives to improve controls FYING THE PRESIDENT OF THE globally on IED components; and in the RECORD. UNITED STATES OF THE ELEC- There being no objection, the text of (3) urges the Secretary of State to work TION OF A PRESIDENT PRO TEM- with the Governments of Pakistan, Afghani- the bill was ordered to be printed in PORE stan, and other Central Asian countries to the RECORD, as follows: encourage and support improvements in in- S. 3541 Mr. REID (for himself and Mr. frastructure and procedures at border cross- Be it enacted by the Senate and House of Rep- MCCONNELL) submitted the following ings to prevent the flow of ammonium ni- resentatives of the United States of America in resolution; which was considered and trate and other IED precursors or compo- Congress assembled, agreed to: nents into the region.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5494 CONGRESSIONAL RECORD — SENATE June 28, 2010 SENATE RESOLUTION 571—CALL- lease of Gilad Shalit and other missing both Houses of the West Virginia Legislature ING FOR THE IMMEDIATE AND Israeli soldiers; and in both Houses of the United States Con- UNCONDITIONAL RELEASE OF (3) recalls— gress; ISRAELI SOLDIER GILAD SHALIT (A) the illegal and barbaric attack on and Whereas, the Honorable Robert C. Byrd has kidnapping of the bodies of Ehud Goldwasser served for fifty-one years in the United HELD CAPTIVE BY HAMAS, AND and Eldad Regev on July 12, 2006, by the States Senate and is the longest serving Sen- FOR OTHER PURPOSES Iran-supported terrorist group Hezbollah; ator in history, having been elected to nine Mrs. GILLIBRAND (for herself, Mr. and full terms; VOINOVICH, Mr. LIEBERMAN, Mr. SCHU- (B) the missing Israeli soldiers Zecharya Whereas, the Honorable Robert C. Byrd has cast more than 18,680 votes—more MER, Mr. LEVIN, Mr. CASEY, Mr. KYL, Baumel, Zvi Feldman, and Yehuda Katz, missing since June 11, 1982, Ron Arad, who than any other Senator in American history; and Mr. VITTER) submitted the fol- Whereas, the Honorable Robert C. Byrd has lowing resolution; which was consid- was captured on October 16, 1986, Guy Hever, last seen on August 17, 1997, and Majdy served in the Senate leadership as President ered and agreed to: Halabi, last seen on May 24, 2005; and pro tempore, Majority Leader, Majority S. RES. 571 (4) condemns— Whip, Minority Leader, and Secretary of the Whereas Congress previously expressed its (A) Hamas for the grossly illegal and im- Majority Conference; concern for missing Israeli soldiers in the moral cross border attack and kidnapping of Whereas, the Honorable Robert C. Byrd has Act entitled ‘‘An Act to locate and secure Gilad Shalit; and served on a Senate committee, the Com- the return of Zachary Baumel, a United (B) the Governments of Iran and Syria, the mittee on Appropriations, which he has States citizen, and other soldiers missing in primary state sponsors and patrons of chaired during five Congresses, longer than action’’, approved November 8, 1999 (Public Hamas, for their ongoing support for inter- any other Senator; and Law 106–89; 113 Stat. 1305), which required national terrorism. Whereas, the Honorable Robert C. Byrd is the Secretary of State to raise the status of the first Senator to have authored a com- f missing Israeli soldiers with appropriate prehensive history of the United States Sen- government officials of Syria, Lebanon, the SENATE RESOLUTION 572—REL- ate; Palestinian Authority, and other govern- ATIVE TO THE DEATH OF THE Whereas, the Honorable Robert C. Byrd has ments in the region, and to submit to Con- played an essential role in the development HONORABLE ROBERT C. BYRD, A and enactment of an enormous body of na- gress reports on those efforts and any subse- SENATOR FROM THE STATE OF quent discovery of relevant information; tional legislative initiatives and policy over Whereas the House of Representatives WEST VIRGINIA many decades: passed H. Res. 107 on March 13, 2007, regard- Mr. REID (for himself, Mr. MCCON- Whereas his death has deprived his State and Nation of an outstanding lawmaker and ing Gilad Shalit and other Israeli soldiers il- NELL, Mr. ROCKEFELLER, Mr. AKAKA, public servant: Now therefore, be it legally attacked and captured by terrorists; Mr. ALEXANDER, Mr. BARRASSO, Mr. Whereas Israel completed its withdrawal Resolved, That the Senate has heard with BAUCUS, Mr. BAYH, Mr. BEGICH, Mr. from Gaza on September 12, 2005; profound sorrow and deep regret the an- Whereas, on June 25, 2006, Hamas together BENNET, Mr. BENNETT, Mr. BINGAMAN, nouncement of the death of the Honorable with allied terrorists crossed into Israel to Mr. BOND, Mrs. BOXER, Mr. BROWN of Robert C. Byrd, Senator from the State of attack a military post, killing two soldiers Massachusetts, Mr. BROWN of Ohio, Mr. West Virginia. and wounding and kidnapping Gilad Shalit in BROWNBACK, Mr. BUNNING, Mr. BURR, Resolved, That the Secretary of the Senate communicate these resolutions to the House a blatantly illegal and extortionate effort to Mr. BURRIS, Ms. CANTWELL, Mr. coerce the Government of Israel; of Representatives and transmit an enrolled CARDIN, Mr. CARPER, Mr. CASEY, Mr. copy thereof to the family of the deceased. Whereas Hamas has prevented access to CHAMBLISS, Mr. COBURN, Mr. COCHRAN, Gilad Shalit by competent medical personnel Resolved, That when the Senate adjourns Ms. COLLINS, Mr. CONRAD, Mr. CORKER, and representatives of the International today, it stand adjourned as a further mark Committee of the Red Cross; Mr. CORNYN, Mr. CRAPO, Mr. DEMINT, of respect to the memory of the deceased Whereas Hamas has refused to provide Mr. DODD, Mr. DORGAN, Mr. DURBIN, Senator. Gilad Shalit with regular contact with his Mr. ENSIGN, Mr. ENZI, Mr. FEINGOLD, f family or any other party, or to allow his Mrs. FEINSTEIN, Mr. FRANKEN, Mrs. family to know where he is being held; AMENDMENTS SUBMITTED AND GILLIBRAND, Mr. GRAHAM, Mr. GRASS- PROPOSED Whereas Hamas has compelled Gilad Shalit LEY, Mr. GREGG, Mrs. HAGAN, Mr. HAR- to appear in video and voice recordings in- KIN, Mr. HATCH, Mrs. HUTCHISON, Mr. SA 4398. Mr. FEINGOLD submitted an tended to illegally and extortionately coerce amendment intended to be proposed by him INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. the Government of Israel; and to the bill H.R. 5297, to create the Small Whereas Gilad Shalit has been held in cap- JOHANNS, Mr. JOHNSON, Mr. KAUFMAN, Business Lending Fund Program to direct tivity by Hamas for almost four years: Now, Mr. KERRY, Ms. KLOBUCHAR, Mr. KOHL, the Secretary of the Treasury to make cap- therefore, be it Mr. KYL, Ms. LANDRIEU, Mr. LAUTEN- ital investments in eligible institutions in Resolved, That the Senate— BERG, Mr. LEAHY, Mr. LEMIEUX, Mr. order to increase the availability of credit (1) demands that— LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, for small businesses, to amend the Internal (A) Hamas immediately and uncondition- Revenue Code of 1986 to provide tax incen- ally release Israeli soldier Gilad Shalit; and Mr. LUGAR, Mr. MCCAIN, Mrs. MCCASKILL, Mr. MENENDEZ, Mr. tives for small business job creation, and for (B) Hamas — other purposes; which was ordered to lie on MERKLEY, Ms. MIKULSKI, Ms. MUR- (i) allow prompt access to the Israeli cap- the table . KOWSKI URRAY ELSON tives by competent medical personnel and , Mrs. M , Mr. N of SA 4399. Mr. CASEY (for Mr. LEAHY (for representatives of the International Com- Nebraska, Mr. NELSON of Florida, Mr. himself and Mr. LEVIN)) proposed an amend- mittee of the Red Cross; PRYOR, Mr. REED, Mr. RISCH, Mr. ROB- ment to the H. Con. (ii) facilitate regular communication by ERTS, Mr. SANDERS, Mr. SCHUMER, Mr. Res. 286, recognizing the 235th birthday of Gilad Shalit with his family and allow his SESSIONS, Mrs. SHAHEEN, Mr. SHELBY, the United States Army. family to know where he is being held; and Ms. SNOWE, Mr. SPECTER, Ms. SA 4400. Mr. CASEY (for Mr. LEAHY (for (iii) cease compelling Gilad Shalit to ap- himself and Mr. LEVIN)) proposed an amend- STABENOW, Mr. TESTER, Mr. THUNE, Mr. pear in video and voice recordings intended ment to the concurrent resolution H. Con. to illegally and extortionately coerce the UDALL of Colorado, Mr. UDALL of New Res. 286, supra. Government of Israel; Mexico, Mr. VITTER, Mr. VOINOVICH, f (2) expresses— Mr. WARNER, Mr. WEBB, Mr. (A) its vigorous support and unwavering WHITEHOUSE, Mr. WICKER, and Mr. TEXT OF AMENDMENTS commitment to the welfare, security, and WYDEN) submitted the following reso- SA 4398. Mr. FEINGOLD submitted survival of the State of Israel as a Jewish lution; which was considered and and democratic state within recognized and an amendment intended to be proposed secure borders; agreed to: by him to the bill H.R. 5297, to create (B) its strong support and deep interest in S. RES. 572 the Small Business Lending Fund Pro- achieving a resolution of the Israeli–Pales- Whereas, the Honorable Robert C. Byrd gram to direct the Secretary of the tinian conflict through the creation of a served the people of his beloved state of West Treasury to make investments democratic, viable, and independent Pales- Virginia for over 63 years, serving in the in eligible institutions in order to in- tinian state living in peace alongside of the West Virginia House of Delegates, the West crease the availability of credit for State of Israel; Virginia Senate, the United States House of (C) its ongoing concern and sympathy for Representatives, and the United States Sen- small businesses, to amend the Inter- the family of Gilad Shalit; and ate; nal Revenue Code of 1986 to provide tax (D) its full commitment to continue to Whereas, the Honorable Robert C. Byrd is incentives for small business job cre- seek the immediate and unconditional re- the only West Virginian to have served in ation, and for other purposes; which

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5495 was ordered to lie on the table; as fol- the United States Army to successfully killing, torture, severe beatings, maiming, lows: carry out the missions entrusted to them: and arbitrary detentions; At the appropriate place, insert the fol- Now, therefore, be it Whereas Hamas continues to hold prisoner Israeli Staff Sergeant Gilad Shalit, who was lowing: f SEC. ll. ANNUAL REPORT ON AWARDING OF seized on Israeli soil and has been denied FEDERAL CONTRACTS TO CONTRAC- NOTICE OF HEARING basic rights, including contact with the TORS LISTED ON THE EXCLUDED International Red Cross; PARTIES LIST SYSTEM. Mr. BINGAMAN. Mr. President, I Whereas the military build-up of Hamas Not later than 180 days after the date of would like to announce for the infor- has been enabled by the smuggling of arms the enactment of this Act, and annually mation of the Senate and the public and other materiel into Gaza; thereafter, the Comptroller General of the that a Business Meeting has been Whereas the Government of Iran has mate- United States shall submit to the Committee scheduled before the Committee on En- rially aided and supported Hamas by pro- on Homeland Security and Governmental Af- ergy and Natural Resources. The busi- viding extensive funding, weapons, and train- fairs of the Senate and the Committee on ness meeting will be held on Wednes- ing; Oversight and Government Reform of the Whereas since 2001, Hamas and other Pales- House of Representatives a report describing day, June 30, 2010, at 9:30 a.m., in room SD–366 of the Dirksen Senate Office tinian terrorist organizations have fired during the previous year the extent to which more than 10,000 rockets and mortars from suspended or debarred contractors on the Ex- Building. Gaza into Israel, killing at least 18 Israelis cluded Parties List System, including those The purpose of the Business Meeting and wounding dozens more; suspended or debarred for failing to make is to consider S. 3516, a bill to amend Whereas approximately 860,000 Israeli civil- full or timely payments to subcontractors— the Outer Continental Shelf Lands Act ians, more than 12 percent of Israel’s popu- (1) continued to receive Federal contracts; to reform the management of energy lation, reside within range of rockets fired or and mineral resources on the Outer from Gaza and live in fear of attacks; (2) were granted waivers from Federal Whereas in 2007, the Government of Israel, agencies from suspension or debarment for Continental Shelf, and for other pur- poses. out of concern for the safety of its citizens, purposes of entering into Federal contracts. put in place a legitimate and justified block- For further information, please con- ade of Gaza, which has been effective in re- SA 4399. Mr. CASEY (for Mr. LEAHY tact Sam Fowler at (202) 224–7571 or ducing the flow of weapons into Gaza and the (for himself and Mr. LEVIN)) proposed Amanda Kelly at (202) 224–6836. firing of rockets from Gaza into southern an amendment to the concurrent reso- f Israel; lution H. Con. Res. 286, recognizing the Whereas according to Michael Oren, the 235th birthday of the United States AUTHORITY FOR COMMITTEES TO Israeli Ambassador to the United States, ‘‘If Army; as follows: MEET the sea lanes are open to Hamas in Gaza . . . Strike all after the resolving clause and in- they will acquire thousands of rockets that COMMITTEE ON THE JUDICIARY will threaten every single citizen in the state sert the following: That Congress— Mr. REID. Mr. President, I ask unan- (1) expresses its appreciation to the mem- of Israel and also kill the peace process. . . . bers of the United States Army for 235 years imous consent that the Committee on Hamas armed with thousands of rockets not of dedicated service; and the Judiciary be authorized to meet only threatens 7,500,000 Israelis but it’s the (2) honors the valor, commitment, and sac- during the session of the Senate, on end of the peace process.’’; rifice that members of the United States June 28, 2010, at 12:30 p.m., in room SH– Whereas the Israeli blockade has not hin- Army, their families, and Army civilians 216 of the Hart Senate Office Building, dered the transfer of approximately 1,000,000 tons of humanitarian supplies into Gaza over have displayed throughout the history of the to conduct a hearing on the nomina- Army. the last 18 months to aid its 1,500,000 resi- tion of Elena Kagan to be an Associate dents; SA 4400. Mr. CASEY (for Mr. LEAHY Justice of the Supreme Court of the Whereas, on May 28, 2010, the ‘‘Free Gaza’’ (for himself and Mr. LEVIN)) proposed United States. flotilla, which included the Mavi Marmara an amendment to the concurrent reso- The PRESIDING OFFICER. Without and 5 other ships, departed from a port in objection, it is so ordered. Turkey and sailed towards Israel’s defensive lution H. Con. Res. 286, recognizing the naval blockade of Gaza; 235th birthday of the United States f Whereas the sponsor of the flotilla was a Army; as follows: ISRAEL’S UNDENIABLE RIGHT TO Turkish organization, the Humanitarian Re- Strike the preamble and insert the fol- lief Foundation; lowing: SELF-DEFENSE Whereas the Humanitarian Relief Founda- Whereas, on June 14, 1775, the Second Con- On Thursday, June 24, 2010, the Sen- tion has aided al Qaeda in the past, ‘‘basi- tinental Congress, representing the citizens ate agreed to S. Res. 548, as amended, cally helping al Qaeda when [Osama] bin of 13 American colonies, authorized the es- with its preamble, as amended, as fol- Laden started to want to target U.S. soil,’’ tablishment of the Continental Army; lows: according to statements by a former French Whereas for the past 235 years, the United counterterrorism official, in a June 2, 2010, States Army’s central mission has been to S. RES. 548 Associated Press interview; fight and win wars; Whereas the State of Israel, since its Whereas the Humanitarian Relief Founda- Whereas the 183 campaign streamers from founding in 1948, has been a strong and stead- tion has a clear link to Hamas, according to Lexington to Iraqi Surge carried on the fast ally of the United States, standing alone a 2008 order of the Government of Israel, and Army flag are a testament to the valor, com- in its commitment to democracy, individual the Humanitarian Relief Foundation is a mitment, and sacrifice of the brave members liberty, and free-market principles in the member of the Union for Good, a United of the United States Army; Middle East, a region characterized by insta- States-designated terrorist organization cre- Whereas members of the United States bility and violence; ated by Hamas leaders in 2000 to help fund Army have won extraordinary distinction Whereas the special bond between the Hamas; and respect for the Nation and its Army United States and Israel, forged through Whereas there were at least 5 active ter- stemming from engagements around the common values and mutual interests, must rorist operatives among the passengers on globe; never be broken; the Mavi Marmara, with affiliations with Whereas in 2010, the United States will re- Whereas Israel has an undeniable right to terrorist groups such as al Qaeda and Hamas, flect on the contributions of members of the defend itself against any threat to its secu- according to the Israel Defense Forces; United States Army on the Korean peninsula rity, as does every nation; Whereas the flotilla’s primary aim was to in commemoration of the 60th anniversary of Whereas Hamas is a terrorist group, for- break the Israeli blockade of Gaza, under the the Korean War; mally designated as a Foreign Terrorist Or- guise of delivering humanitarian aid to the Whereas the motto on the United States ganization by the Secretary of State, and residents of Gaza; Army seal, ‘‘This We’ll Defend’’, is the creed similarly designated by the European Union; Whereas, on May 27, 2010, while the flotilla by which the members of the Army live and Whereas Hamas is committed to the anni- was moving towards Gaza, one of its orga- serve; hilation of Israel and opposes the peaceful nizers admitted, ‘‘This mission is not about Whereas the United States Army is an all- resolution of the Israeli–Palestinian conflict; delivering humanitarian supplies, it’s about volunteer force that is trained and ready for Whereas Hamas took control of the Gaza breaking Israel’s siege on 1,500,000 Palestin- any adversary that might threaten our Na- Strip in 2007 through violent means and has ians,’’ according to news reports; tion or its national security interests; and maintained control ever since; Whereas based on interviews with Mavi Whereas no matter what the cause, loca- Whereas Hamas routinely violates the Marmara passengers after the incident, the tion, or magnitude of future conflicts, the human rights of the residents of Gaza, in- actual intention of passengers on the Mavi United States can rely on its well-trained, cluding attempting to control and intimi- Marmara had been to achieve ‘‘martyrdom’’ well-led, and highly motivated members of date political rivals through extra-judicial at the hands of the Israel Defense Forces;

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5496 CONGRESSIONAL RECORD — SENATE June 28, 2010 Whereas Saleh Al-Azraq, a journalist who incident in a region that cannot afford fur- Committee be discharged from further was aboard the ship, recounted that, ‘‘The ther instability; consideration of H. Con. Res. 286 and moment the ship set sail, the cries of ‘Allahu (4) to condemn any future such attempts to the Senate proceed to its immediate Akbar’ began . . . It made you feel as if you break the Israeli blockade of Gaza for the consideration. were going on an Islamic conquest or raid,’’ purpose of creating or provoking violent con- according to an interview recorded on Al- frontation or otherwise undermining the se- The PRESIDING OFFICER. Without Hiwar TV on June 4, 2010; curity of Israel; objection, it is so ordered. Whereas Hussein Orush, a Humanitarian (5) to condemn Hamas for its failure to rec- The clerk will report the concurrent Relief Foundation official, read from the ognize the right of Israel to exist, its human resolution by title. diary of a dead Mavi Marmara passenger: rights abuses against the residents of Gaza, The legislative clerk read as follows: ‘‘The last lines he wrote before the attack and its continued rejection of a constructive A concurrent resolution (H. Con. Res. 286) were: ‘Only a short time left before mar- path to peace for the Israeli and Palestinian recognizing the 235th birthday of the United tyrdom. This is the most important stage of people; States Army. my life. Nothing is more beautiful than mar- (6) to condemn the Government of Iran for There being no objection, the Senate tyrdom, except for one’s love for one’s moth- its role, past and present, in directly sup- er. But I don’t know what is sweeter—my porting Hamas and undermining the security proceeded to consider the concurrent mother or martyrdom.’ ’’, and also stated, of Israel; resolution. ‘‘All the passengers on board the ship were (7) to encourage the Government of Turkey Mr. CASEY. I ask unanimous consent ready for this outcome. Everybody wanted to recognize the importance of continued that a Leahy-Levin amendment to the and was ready to become a martyr. . . . Our strong relations with Israel and the neces- resolution, which is at the desk, be goal was to reach Gaza or to die trying. All sity of closely scrutinizing organizations agreed to; the concurrent resolution, as the ship’s passengers were ready for this. with potential ties to terrorist groups. IHH was ready for this too.’’, according to an amended, be agreed to; that a Leahy- interview recorded on Al-Jazeera TV on June f Levin amendment to the preamble, 5, 2010; PREDISASTER HAZARD which is at the desk, be agreed to; the Whereas Ali Haider Banjinin, another dead MITIGATION ACT OF 2010 preamble, as amended, be agreed to; Mavi Marmara passenger, told his family be- the motions to reconsider be laid upon Mr. CASEY. Madam President, I ask fore departing on the flotilla, ‘‘I am going to the table with no intervening action or unanimous consent that the Senate be a martyr, I dreamed about it,’’ according debate; and any statements related to to news reports in Turkey; proceed to Calendar No. 440, S. 3249. Whereas Ali Ekber Yaratilmis, another The PRESIDING OFFICER. The the concurrent resolution be printed in dead Mavi Marmara passenger, ‘‘always clerk will report the title of the bill. the RECORD. wanted to become a Martyr,’’ one of his The legislative clerk read as follows: The PRESIDING OFFICER. Without friends told Al-Hayat Al-Jadida newspaper in A bill (S. 3249) to amend the Robert T. objection, it is so ordered. an interview on June 3, 2010; Stafford Disaster Relief and Emergency As- The amendment (No. 4399) was agreed Whereas one female passenger on the deck sistance Act to reauthorize the predisaster to, as follows: of the Mavi Marmara stated, ‘‘Right now we hazard mitigation program and for other AMENDMENT NO. 4399 face one of two happy endings: either mar- purposes. tyrdom or reaching Gaza,’’ according to Al Strike all after the resolving clause and in- Jazeera footage taken prior to the incident; There being no objection, the Senate sert the following: That Congress— Whereas the Government of Israel had ex- proceeded to consider the bill, which (1) expresses its appreciation to the mem- tended a reasonable offer to transfer the flo- had been reported from the Committee bers of the United States Army for 235 years tilla’s humanitarian cargo to Gaza; on Homeland Security and Govern- of dedicated service; and (2) honors the valor, commitment, and sac- Whereas the Mavi Marmara and the other mental Affairs, with an amendment. ships of the flotilla ignored repeated Israeli rifice that members of the United States S. 3249 calls to turn around or be peacefully es- Army, their families, and Army civilians corted to an Israeli port outside of Gaza; SEC. 3. PROHIBITION ON EARMARKS. have displayed throughout the history of the Whereas, on May 31, 2010, the Israeli Navy Section 203 of the Robert T. Stafford Disaster Army. intercepted the Mavi Marmara 75 miles west Relief and Emergency Assistance Act (42 U.S.C. The resolution, as amended, was of Haifa, Israel, in an effort to maintain the 5133) is amended by adding at the end the fol- agreed to. lowing: integrity of the blockade and prevent poten- The amendment (No. 4400) was agreed tial smuggling of arms and other materiel ‘‘(n) PROHIBITION ON EARMARKS.— ‘‘(1) IN GENERAL.—None of the funds appro- to, as follows: into the hands of Hamas; priated or otherwise made available to carry out Whereas upon the boarding of the Mavi AMENDMENT NO. 4400 this section may be used for congressionally di- Marmara by the Israeli Navy, the Mavi Strike the preamble and insert the fol- rected spending, as defined under rule XLIV of Marmara’s passengers brutally and violently lowing: the Standing Rules of the Senate. attacked the members of the Israeli Navy Whereas, on June 14, 1775, the Second Con- ‘‘(2) REPORT TO CONGRESS.—If grants are with knives, clubs, pipes, and other weapons, tinental Congress, representing the citizens awarded under this section using procedures injuring several of them; of 13 American colonies, authorized the es- other than competitive procedures, the Adminis- Whereas the members of the Israeli Navy, tablishment of the Continental Army; trator of the Federal Emergency Management under attack and in grave danger, reacted in Whereas for the past 235 years, the United Agency shall submit to Congress a report ex- self-defense and used lethal force against States Army’s central mission has been to plaining why competitive procedures were not their attackers on the Mavi Marmara, shoot- fight and win wars; used.’’. ing and killing 9 of them; Whereas the 183 campaign streamers from Whereas the incident has fomented unwar- Mr. CASEY. I ask unanimous consent Lexington to Iraqi Surge carried on the ranted international criticism of Israel and that the committee-reported amend- Army flag are a testament to the valor, com- its blockade of Gaza; ment be agreed to; the bill, as amend- mitment, and sacrifice of the brave members Whereas in the time since the attack, the ed, be read a third time and passed, the of the United States Army; United Nations has unjustly criticized the motions to reconsider be laid upon the Whereas members of the United States actions of the Government of Israel and table without intervening action or de- Army have won extraordinary distinction and respect for the Nation and its Army called for an investigation of such actions; bate, and that any statements related and stemming from engagements around the Whereas the actions of the United Nations to the bill be printed in the RECORD. globe; are undermining Israel’s inherent right to The PRESIDING OFFICER. Without Whereas in 2010, the United States will re- self-defense, compromising its sovereignty, objection, it is so ordered. flect on the contributions of members of the and helping to legitimize Hamas: Now, there- The amendment was agreed to. United States Army on the Korean peninsula fore, be it The bill (S. 3249), as amended, was or- in commemoration of the 60th anniversary of Resolved, That it is the sense of the Sen- dered to be engrossed for a third read- the Korean War; ate— ing, was read the third time, and Whereas the motto on the United States (1) that Israel has an inherent and undeni- passed. Army seal, ‘‘This We’ll Defend’’, is the creed able right to defend itself against any threat by which the members of the Army live and to the safety of its citizens; f serve; (2) to reaffirm that the United States RECOGNIZING THE 235TH BIRTH- Whereas the United States Army is an all- stands with Israel in pursuit of shared secu- DAY OF THE UNITED STATES volunteer force that is trained and ready for rity goals, including the security of Israel; ARMY any adversary that might threaten our Na- (3) to condemn the violent attack and tion or its national security interests; and provocation by extremists aboard the Mavi Mr. CASEY. Madam President, I ask Whereas no matter what the cause, loca- Marmara, who created a highly destabilizing unanimous consent that the Judiciary tion, or magnitude of future conflicts, the

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5497 United States can rely on its well-trained, (A) to continue to diplomatically engage Whereas Hamas has refused to provide well-led, and highly motivated members of with the Governments of Pakistan, Afghani- Gilad Shalit with regular contact with his the United States Army to successfully stan, and other Central Asian countries to family or any other party, or to allow his carry out the missions entrusted to them: address the proliferation and transportation family to know where he is being held; Now, therefore, be it of ammonium nitrate and other improvised Whereas Hamas has compelled Gilad Shalit The preamble, as amended, was explosive device (‘‘IED’’) precursors in the to appear in video and voice recordings in- agreed to. region; and tended to illegally and extortionately coerce (B) to work with the World Customs Orga- the Government of Israel; and f nization and other international bodies, as Whereas Gilad Shalit has been held in cap- the Secretary of State determines to be ap- tivity by Hamas for almost four years: Now, AMMONIUM NITRATE FERTILIZER propriate, on initiatives to improve controls therefore, be it Mr. CASEY. Madam President, I ask globally on IED components; and Resolved, That the Senate— unanimous consent that the Senate (3) urges the Secretary of State to work (1) demands that— proceed to the immediate consider- with the Governments of Pakistan, Afghani- (A) Hamas immediately and uncondition- ally release Israeli soldier Gilad Shalit; and ation of S. Res. 570, submitted earlier stan, and other Central Asian countries to encourage and support improvements in in- (B) Hamas — today. frastructure and procedures at border cross- (i) allow prompt access to the Israeli cap- The PRESIDING OFFICER. The ings to prevent the flow of ammonium ni- tives by competent medical personnel and clerk will report the resolution by trate and other IED precursors or compo- representatives of the International Com- title. nents into the region. mittee of the Red Cross; The legislative clerk read as follows: f (ii) facilitate regular communication by Gilad Shalit with his family and allow his A resolution (S. Res. 570) calling for con- RELEASE OF GILAD SHALIT tinued support for and an increased effort by family to know where he is being held; and the Governments of Pakistan, Afghanistan, Mr. CASEY. Madam President, I ask (iii) cease compelling Gilad Shalit to ap- and other Central Asian countries to effec- unanimous consent that the Senate pear in video and voice recordings intended to illegally and extortionately coerce the tively monitor and regulate the manufac- proceed to the immediate consider- ture, sale, transport, and use of ammonium Government of Israel; ation of S. Res. 571, submitted earlier (2) expresses— nitrate fertilizer in order to prevent the today. transport of ammonium nitrate into Afghan- (A) its vigorous support and unwavering istan where the ammonium nitrate is used in The PRESIDING OFFICER. The commitment to the welfare, security, and improvised explosive devices. clerk will report the resolution by survival of the State of Israel as a Jewish title. and democratic state within recognized and There being no objection, the Senate The legislative clerk read as follows: secure borders; proceeded to consider the resolution. (B) its strong support and deep interest in Mr. CASEY. Madam President, I ask A resolution (S. Res. 571) calling for the achieving a resolution of the Israeli–Pales- immediate and unconditional release of unanimous consent that the resolution tinian conflict through the creation of a Israeli soldier Gilad Shalit held captive by democratic, viable, and independent Pales- be agreed to, the preamble be agreed Hamas, and for other purposes. to, the motions to reconsider be laid tinian state living in peace alongside of the There being no objection, the Senate State of Israel; upon the table, with no intervening ac- proceeded to consider the resolution. (C) its ongoing concern and sympathy for tion or debate, and any statements re- Mr. CASEY. I ask unanimous consent the family of Gilad Shalit; and lated to the resolution be printed in that the resolution be agreed to, the (D) its full commitment to continue to the RECORD. preamble be agreed to, the motions to seek the immediate and unconditional re- The PRESIDING OFFICER. Without lease of Gilad Shalit and other missing reconsider be laid upon the table, with objection, it is so ordered. Israeli soldiers; no intervening action or debate, and The resolution (S. Res. 570) was (3) recalls— any statements be printed in the agreed to. (A) the illegal and barbaric attack on and RECORD. kidnapping of the bodies of Ehud Goldwasser The preamble was agreed to. The PRESIDING OFFICER. Without and Eldad Regev on July 12, 2006, by the The resolution, with its preamble, objection, it is so ordered. Iran-supported terrorist group Hezbollah; reads as follows: The resolution (S. Res. 571) was and S. RES. 570 agreed to. (B) the missing Israeli soldiers Zecharya Baumel, Zvi Feldman, and Yehuda Katz, Whereas it is illegal to manufacture, own, The preamble was agreed to. or use ammonium nitrate fertilizer in Af- missing since June 11, 1982, Ron Arad, who The resolution, with its preamble, was captured on October 16, 1986, Guy Hever, ghanistan since a ban was instituted by Af- reads as follows: ghan President Hamid Karzai in January last seen on August 17, 1997, and Majdy 2010; S. RES. 571 Halabi, last seen on May 24, 2005; and Whereas ammonium nitrate fertilizer has Whereas Congress previously expressed its (4) condemns— historically been and continues to be 1 of the concern for missing Israeli soldiers in the (A) Hamas for the grossly illegal and im- primary explosive ingredients used in impro- Act entitled ‘‘An Act to locate and secure moral cross border attack and kidnapping of vised explosive devices (referred to in this the return of Zachary Baumel, a United Gilad Shalit; and preamble as ‘‘IEDs’’) by Taliban insurgents States citizen, and other soldiers missing in (B) the Governments of Iran and Syria, the in Afghanistan against the United States action’’, approved November 8, 1999 (Public primary state sponsors and patrons of and coalition forces; Law 106–89; 113 Stat. 1305), which required Hamas, for their ongoing support for inter- Whereas 275 United States troops were the Secretary of State to raise the status of national terrorism. killed by IEDs in Afghanistan in 2009; missing Israeli soldiers with appropriate Mr. CASEY. Madam President, I sug- Whereas large amounts of ammonium ni- government officials of Syria, Lebanon, the gest the absence of a quorum. trate are shipped into Afghanistan from Palestinian Authority, and other govern- The PRESIDING OFFICER. The Pakistan, Iran, and other Central Asian ments in the region, and to submit to Con- clerk will call the roll. countries; gress reports on those efforts and any subse- The legislative clerk proceeded to Whereas the Government of Pakistan has quent discovery of relevant information; indicated a willingness to work collabo- Whereas the House of Representatives call the roll. ratively with the Governments of the United passed H. Res. 107 on March 13, 2007, regard- Mr. BROWN of Ohio. Madam Presi- States and Afghanistan to address the regu- ing Gilad Shalit and other Israeli soldiers il- dent, I ask unanimous consent that the lation and interdiction of ammonium nitrate legally attacked and captured by terrorists; order for the quorum call be rescinded. fertilizer and other IED precursors; and Whereas Israel completed its withdrawal The PRESIDING OFFICER. Without Whereas the United States government from Gaza on September 12, 2005; objection, it is so ordered. currently provides assistance to Pakistan for Whereas, on June 25, 2006, Hamas together f agricultural development and capacity build- with allied terrorists crossed into Israel to ing: Now, therefore, be it attack a military post, killing two soldiers CHINESE CURRENCY Resolved, That the Senate— and wounding and kidnapping Gilad Shalit in MANIPULATION (1) urges the Governments of Pakistan, Af- a blatantly illegal and extortionate effort to Mr. BROWN of Ohio. Madam Presi- ghanistan, and other Central Asian countries coerce the Government of Israel; to fully commit to regulating the sale, trans- Whereas Hamas has prevented access to dent, over the last few days, we have port, and use of ammonium nitrate in the re- Gilad Shalit by competent medical personnel watched President Obama’s Cabinet gion; and representatives of the International Members and leaders of the G20 nations (2) calls on the Secretary of State— Committee of the Red Cross; in Toronto for an economic summit.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5498 CONGRESSIONAL RECORD — SENATE June 28, 2010 Our trade relationship with China has where we were beginning to lose manu- strong and aggressive trade enforce- been one of the most important among facturing jobs. ment. many issues the world’s leaders have I remember those days, serving in the President Obama, on two occasions, addressed. House, and recall that every Member of did something President Bush never We know Ohio’s workers and manu- Congress—literally probably every sin- did, even though he was presented with facturers can compete with anyone in gle —was told, even recommendations from the Inter- the world, but China’s currency manip- those of us who were outspokenly national Trading Commission. Presi- ulation imposes an enormous and an against this PNTR with China—we dent Obama twice already showed a unfair competitive disadvantage to our were told repeatedly in newspaper ads willingness to enforce trade rules—the workers and our manufacturers. and editorials, told in hundreds of indi- first President to invoke the section While last week’s announcement that vidual visits by CEOs of Americas larg- 421 safeguards, which he did when he China will allow a gradual appreciation est companies—they walked into our granted relief to the U.S. consumer tire of the value of the yuan is encouraging, office and said: We want access to 1.2 industry. This single action saved at we have all too often seen China revert billion Chinese consumers. Really, they least 100 jobs in Findlay, OH, at Cooper to its old tricks when the spotlight didn’t; they wanted access to 1.2 billion Tire, after President Obama said China fades. In fact, China made its an- Chinese workers. is cheating, China is not playing fair, nouncement on a Saturday—a Free-trade advocates in Washington and invoked these sanctions against minimalist announcement at that—and and Wall Street and nearly every edi- them. the next day backpedaled even on that torial board lauded the economic op- The Commerce Department then announcement. portunities yet to come from U.S. found that steel pipe and tube manu- China’s systemic intervention in the workers and businesses. These pundits, facturers, so-called ‘‘oil country tubu- currency market, where they continue these CEOs, these Ivy League econo- lar goods’’ manufacturers, are being to buy Western currency, has led to the mists, these newspaper editors her- dramatically undercut by China. As a undervaluation of the yuan by up to 40 alded passage of PNTR with China as result, the International Trade Com- percent—some economists say even the best way to promote reform and mission granted immediate relief for more than that. That means China has stability in China and the region. None these oil country tubular goods, which a distinct advantage for its exporters hesitated for a minute calling those of is helping V&M Star expand operations and puts our exporters at a distinct us who opposed the PNTR protection- in Youngstown. disadvantage when they try to get into ists, saying that we have our heads in I was in Youngstown at V&M Star. I the Chinese market. That is why we the sand, we are backward-looking saw what they were doing. We did a asked the Commerce Department to Luddites and whatever adjective they groundbreaking today with Governor make the important decision to inves- chose. Today, just 10 years later, those Strickland, who has played a roll in as- tigate China’s currency manipulation proponents have been shown dreadfully sembling the package for Star Steel’s on behalf of paper manufacturers in wrong. The problem is that those peo- expansion—some recovery dollars to Ohio and several other States. These ple who pushed PNTR—the CEOs, the help with infrastructure leading in and companies and their workers in West Harvard economist, the newspaper edi- out of the plant, a $6 million invest- Carlton, OH, and in Miamisburg, OH, tors—few of them have lost their jobs. ment in V&M, a very productive work- are holding on for their lives, and, like It has been workers in Galion, OH, and force for the last several years at V&M manufacturers and workers around the Zanesville and Toledo and Mansfield Star, and this trade decision President United States, they understand why and Chillicothe who have paid the price Obama made to simply say the Chinese our trade law’s enforcement and rem- because of that terrible decision to ex- have not played fair—and the ITC has edies are so vital. They know firsthand tend those trade preferences to the granted immediate relief. Those fac- why our trade laws must combat cur- People’s Republic of China. tors show that when you enforce trade rency manipulation. Since receiving PNTR status and the law, it creates jobs. If we fail to act, China’s currency benefits of membership in the World There will be 1,000 building trades manipulation will continue to con- Trade Organization, the WTO, China jobs for the next 18 months in tribute to our country’s staggering has taken money from American con- Mahoning Valley because of these di- trade deficit with China. Our trade def- sumers and investors without fully rect jobs. Then there will be another icit with China in the last 3 years, par- opening its markets to American busi- 400 or so and maybe more jobs in the ticularly prior to our terrible financial nesses and workers. The results are future as this company expands. situation, approached $1 billion a day. record trade deficits. The results are These are good developments, obvi- That means we bought from China $1 millions of jobs lost. Three million ously, but there is more we can do to billion more than we sold to them, day- manufacturing jobs have been lost in show America is serious about trade in and day-out, 365 days a year. the last several years—not all because enforcement. There is more we can do Senators GRAHAM, SCHUMER, of China trade but a significant num- to show we are serious about rebal- STABENOW, and I are calling for a vote ber. ancing our trade relationship with on our legislation that addresses this Chinese workers continue to face low China in defending our national eco- blatant currency manipulation to en- wages and substandard labor condi- nomic interests. And we know there is sure that we take action on Chinese tions. This has not worked particularly more we can do in defending a strong imports until the yuan rises to its fair well for Chinese workers. It sure has national manufacturing base that leads market value. not worked well for American workers. the United States in the global clean It is clear that our manufacturers are It has worked well for those American energy economy. backed into a corner. It is also clear companies that outsourced their jobs, Right now, China is working every that it did not have to be this way. Ten hired Chinese workers at very low day to win the race by any cost and years ago this summer, Congress wages, with very few environmental or any means necessary. Beijing invested passed permanent normal trade rela- worker safety safeguards, and then ex- $35 billion in renewable energy last tions with China as our Nation entered ported those goods back into the year, more or less double the $18 billion the 21st century facing great economic United States. we invested as a country. Every day we opportunities and confronting gath- Even the most ardent proponents of delay investments in clean energy, ering national security threats. You re- China PNTR are likely to feel a bit of China spends $51 million a day to fur- member 10 years ago we had a balanced buyer’s remorse, unable to do business ther that unacceptable gap. budget, until the Bush years with tax in China because of China’s aggressive China is not only using its abundance cuts for the rich, the giveaway for the protection of its industries. of capital to monopolize clean energy drug and insurance companies in the We must do more to strengthen a manufacturing, it is also elbowing name of Medicare privatization, and multilateral, rules-based system that competition out of the way by dis- two wars, all of which were charged to holds trading partners accountable. A criminating against U.S. companies. our grandchildren, none of which were critical way to hold them accountable China cries foul at our ‘‘Buy Amer- paid for. We had an economic situation and advance our economic interests is ican’’ policies but has its own ‘‘Buy

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5499 China’’ 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 THE STATE 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, California 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 United States 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, ROBERT BYRD. 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, Ted Kennedy. 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

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5500 CONGRESSIONAL RECORD — SENATE June 28, 2010 about what would happen with our 335 individuals have become U.S. Sen- ment and transportation to education troops and that it would be a very long ators. All in all, ROBERT BYRD served and health care, are legendary. He war and there was no exit strategy. with over 400 other Senators. And I am steered the Panama Canal Treaty Senator BYRD organized us and he certain that each one of them held through the Senate and waged a lonely opened his office here in the Capitol their colleague, as I do, in the highest battle against the war in Iraq, leading and said we need to talk about ways esteem. an unsuccessful filibuster against the that we can bring this war to the end. 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 NEW YORK, 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 MICHIGAN 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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FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF CATHERINE T. MILLER-LITTLE, OF OHIO BRIGADIER GENERAL PAUL D. BROWN, JR. CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN JENNIFER P. MINOR, OF VIRGINIA BRIGADIER GENERAL WILLIAM R. BURKS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MICHAEL WALTER MITCHELL, OF CALIFORNIA BRIGADIER GENERAL JAMES E. DANIEL, JR. AMERICA, YOON SANG NAM, OF CALIFORNIA BRIGADIER GENERAL MICHAEL J. DORNBUSH CHESTER I. NIELSEN IV, OF VIRGINIA DEPARTMENT OF COMMERCE BRIGADIER GENERAL MATTHEW J. DZIALO TANNER NIELSON, OF VIRGINIA BRIGADIER GENERAL GREGORY A. FICK HEATHER R. BYRNES, OF ALASKA JENNIFER K. NILSON, OF WISCONSIN BRIGADIER GENERAL ROBERT H. JOHNSTON KENNETH DUCKWORTH, OF MARYLAND MARTIN N. OBERMUELLER, OF NEBRASKA BRIGADIER GENERAL JOSEPH L. LENGYEL ALIZA L. TOTAYO, OF MARYLAND RICHARD ANDREW O’NEAL, OF GEORGIA BRIGADIER GENERAL WILLIAM N. REDDEL III MELISSA S. O’SHAUGHNESSY, OF PENNSYLVANIA BRIGADIER GENERAL JAMES R. WILSON THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN MARCIA Y. OUTLAW, OF ARIZONA SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES AARON THOMAS PAYNE, OF VIRGINIA To be brigadier general IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SCOTT R. PETERSON, OF VIRGINIA COLONEL DONALD A. AHERN AMERICA: WESLEY A. PHILBECK, OF MARYLAND COLONEL JAMES C. BALSERAK DEPARTMENT OF COMMERCE KIRK S. PORTMANN, OF WASHINGTON JONATHAN POSNER, OF CALIFORNIA COLONEL FRANK W. BARNETT, JR. COLONEL MARK E. BARTMAN NICOLE DESILVIS, OF PENNSYLVANIA ADRIAN PRATT, OF FLORIDA COLONEL ROBERT M. BRANYON JEFFREY W. HAMILTON, OF HAWAII SARAH H. RATKOVICH, OF VIRGINIA KATHERINE REEDY, OF NEW YORK COLONEL RICHARD J. DENNEE DEPARTMENT OF STATE RITA RICO, OF CALIFORNIA COLONEL RICHARD J. EVANS III COLONEL LAWRENCE P. GALLOGLY MARTIN AGUILAR, OF VIRGINIA SCOTT M. RIDER, OF MARYLAND JASON CORCORAN ROBERTS, OF VIRGINIA COLONEL MICHAEL D. HEPNER JOEL D. ALLEY, OF OREGON COLONEL WORTHE S. HOLT, JR. MATTHEW R. ANDRIS, OF NEW HAMPSHIRE BENJAMIN O. ROGUS, OF CALIFORNIA JESSICA ROHN, OF VIRGINIA COLONEL ARTHUR W. HYATT, JR. TODD ARMER, OF VIRGINIA CHRISTOPHER DENTON ROMANS, OF ILLINOIS COLONEL BRADLEY S. LINK JEFFREY MICHAEL AUSTIN, OF FLORIDA BRIAN L. ROSEN, OF NEW JERSEY COLONEL DONALD L. MCCORMACK SCOTT T. BAERST, OF THE DISTRICT OF COLUMBIA MICHAEL J. ROSENBERG, OF NEW JERSEY COLONEL BRIAN G. NEAL BRENDON BAIRD, OF VIRGINIA MICHELE ROULBET, OF ILLINOIS COLONEL ROY V. QUALLS JENNIFER ALAYNE BARR, OF FLORIDA ALAN R. ROYSTON, OF FLORIDA COLONEL MARC H. SASSEVILLE TYLER ALLEN BEESLEY, OF VIRGINIA MICHAEL A. RUZINSKY, OF KENTUCKY COLONEL MARK L. STEPHENS JAMES W. BENSON, OF THE DISTRICT OF COLUMBIA DAVID VINCENT SALVO, OF PENNSYLVANIA COLONEL ALPHONSE J. STEPHENSON BENJIMAN BOHMAN, OF ALASKA TINA B. SANTOS, OF VIRGINIA COLONEL KENDALL S. SWITZER CHRISTOPHER D. BOOTH, OF VIRGINIA DEMARK F. SCHULZE, OF OHIO COLONEL DANIEL C. VANWYK JON BOWERMASTER, OF CALIFORNIA SARAH M. SCOTT, OF VIRGINIA ZSOFIA BUDAI, OF MINNESOTA THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED NILESH KANTILAL SHAH, OF CALIFORNIA MICHAEL CAVEY, OF WISCONSIN STATES OFFICER FOR APPOINTMENT IN THE RESERVE ALEXANDER DP SHARP, OF KANSAS CHRISTOPHER MICHAEL CHAISSON, OF VIRGINIA OF THE AIR FORCE TO THE GRADE INDICATED UNDER JASON SHOW, OF TEXAS W. JOSEPH CHILDERS, OF OHIO TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BRIAN M. SKLAR, OF MARYLAND ACACIA ZORANA CLARK, OF CALIFORNIA COOPER J. SMITH, OF VIRGINIA BRIAN M. COMMAROTO-ROVERINI, OF NEW YORK To be brigadier general HARRY CHARLES SMITH, OF THE DISTRICT OF COLUMBIA TRODISS J. CORA, OF VIRGINIA SAUNDRA M. SNIDER-PUGH, OF VIRGINIA COL. DONALD P. DUNBAR REID MILLER CREEDON, OF MICHIGAN BRIAN T. SORENSON, OF VIRGINIA HEATHER L. DAIGLE, OF ILLINOIS IN THE ARMY CESAR GUILLERMO SORIANO, OF VIRGINIA JACKSON C. DART, OF MICHIGAN ERIN M. SOWDEN, OF NEW YORK LISA MARIE DEKEUKELAERE, OF THE DISTRICT OF CO- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EVAN ROBERT STANLEY, OF FLORIDA LUMBIA IN THE UNITED STATES ARMY TO THE GRADE INDICATED KIM A. STEINPORT, OF VIRGINIA AARON DELONG, OF LOUISIANA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ADAM B. STERN, OF VIRGINIA PATRICIA M. DEPALMA, OF CONNECTICUT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DANIEL C. STREBE, OF TEXAS BRANDON J. DOYLE, OF MICHIGAN EVERETT E. SUNDERLAND, OF VIRGINIA To be lieutenant general KATHERINE F. DUDLEY, OF VIRGINIA PAUL SWIDER, OF FLORIDA EMILY BOND DUNIVANT, OF TENNESSEE LT. GEN. JOSEPH F. FIL, JR. RITA S. TAI, OF THE DISTRICT OF COLUMBIA KARIN MARIE EHLERT, OF MINNESOTA NATHANIEL TEK, OF NEW JERSEY LINDSAY MARIE EINSTEIN, OF THE DISTRICT OF COLUM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LAN J. TRUONG, OF THE DISTRICT OF COLUMBIA BIA IN THE UNITED STATES ARMY TO THE GRADE INDICATED KAITLIN E. TURCK, OF VIRGINIA JENNIFER SUZANNE EMPIE, OF MARYLAND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KEVIN A. VAILLANCOURT, OF VIRGINIA MICHAEL A. ERVIN, OF WASHINGTON RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JUSTINE E. VEIT, OF MISSOURI S. ADAM FERGUSON, OF UTAH ERIN MARIE WILLIAMS, OF THE DISTRICT OF COLUMBIA To be lieutenant general JACLYN M. FICHERA, OF VIRGINIA KEVIN WILSON, OF GEORGIA DOUGLAS FOWLER, OF WYOMING MAJ. GEN. WILLIAM J. TROY ALEXIS SATHRE WOLFF, OF NEW YORK MAIDA A. FURNIA, OF OREGON ASHLEY WROTEN, OF VIRGINIA BRENDA B. GABRIEL, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- MAXIMILIAN ROBERT PEREZ GEBHARDT, OF NEW JER- THE FOLLOWING-NAMED CAREER MEMBER OF THE CATED UNDER TITLE 10, U.S.C., SECTION 12203: SEY SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF EVANGELINE A. GESKOS, OF VIRGINIA STATE FOR PROMOTION WITHIN AND INTO THE SENIOR To be major general IVNA GIAUQUE, OF VIRGINIA FOREIGN SERVICE TO THE CLASS INDICATED: DAMON M. GOFORTH, OF CALIFORNIA BRIG. GEN. SANFORD E. HOLMAN CAREER MEMBER OF THE SENIOR FOREIGN SERVICE MICHAEL L. GUNZBURGER, OF CALIFORNIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- PAUL MICHAEL HANNA, OF FLORIDA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ISTER-COUNSELOR, EFFECTIVE OCTOBER 12, 2008: BRIAN HAZELWOOD, OF VIRGINIA AS THE DEAN OF THE ACADEMIC BOARD, UNITED STATES CAMERON MUNTER, OF CALIFORNIA BENJAMIN D. HESPRICH, OF WISCONSIN MILITARY ACADEMY AND FOR APPOINTMENT TO THE NOAH J. HEYMANN, OF THE DISTRICT OF COLUMBIA IN THE COAST GUARD GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 4335: KATE E. HIGGINS, OF MARYLAND To be brigadier general SHEILA-ANNE P. HODGES, OF NEVADA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KURT HOLMGREN, OF VIRGINIA TO SERVE AS THE DIRECTOR OF THE COAST GUARD RE- COL. TIMOTHY E. TRAINOR BRIAN HOYT, OF CALIFORNIA SERVE PURSUANT TO TITLE 14, U.S.C., SECTION 53 IN THE GRADE INDICATED. GRETA L. HROMOVYCH, OF IOWA f JOSEPH V. JAMES, OF VIRGINIA To be rear admiral lower half ANNE JENDERSECK, OF VIRGINIA SAMANTHA ANN JENKINS, OF WASHINGTON REAR ADM. (LH) SANDRA L. STOSZ CONFIRMATION JACOB A. JOHNSON, OF NEW YORK IN THE AIR FORCE AARON JAMES KADKHODAI, OF FLORIDA Executive nomination confirmed by IVAN F. KAMARA, OF ARIZONA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSHUA P. KATZ, OF VIRGINIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- the Senate, Monday, June 28, 2010: MATTHEW D. KAWECKI, OF MASSACHUSETTS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE JUDICIARY DANIELLE F. KELLEHER, OF VIRGINIA AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION MATTHEW A. KELLY, OF NEW YORK 601: GARY SCOTT FEINERMAN, OF ILLINOIS, TO BE UNITED TERESA L. KENDRICK, OF VIRGINIA STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT CAROL S. KIM, OF VIRGINIA To be lieutenant general OF ILLINOIS. ROBYN A. KIRKHAM, OF UTAH MAJ. GEN. STEPHEN P. MUELLER JOHN C. KMETZ, OF OKLAHOMA JAMES R. KUYKENDALL, OF OKLAHOMA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f MARK ROBERT LAINE, OF VIRGINIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BENEY JUHYON LEE, OF VIRGINIA CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE WITHDRAWAL JOSEPH KUO LIN, OF NEW YORK AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JACQUELINE K. LOPOUR, OF VIRGINIA 601: Executive Message transmitted by NATHANAEL M. LYNN, OF THE DISTRICT OF COLUMBIA To be lieutenant general DAVID R.P. MARTINEZ, OF NEW MEXICO the President to the Senate on June 28, TODD E. MCCARRICK, OF VIRGINIA MAJ. GEN. ROBIN RAND 2010 withdrawing from further Senate JOHN ANDERSON MCCARY, OF MARYLAND CHARLES ELLIOTT MCCLELLAN, OF NEVADA THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED consideration the following nomina- ELAINE RENEE MCGUINEY, OF THE DISTRICT OF COLUM- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE tion: BIA OF THE AIR FORCE TO THE GRADES INDICATED UNDER JOSHUA D. MCKEEVER, OF VIRGINIA TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ARMY NOMINATIONS BEGINNING WITH CARDELL J. JONATHAN KERNS MCKNIGHT, OF VIRGINIA To be major general HERVEY AND ENDING WITH SCOTT H. SINKULAR, WHICH MOLLY S. MCMANUS, OF VIRGINIA NOMINATIONS WERE SENT TO THE SENATE ON MARCH 9, THEODORE MEINHOVER, OF MINNESOTA BRIGADIER GENERAL HUGH T. BROOMALL 2010.

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