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Home , Gang of 14, Lying in repose, Robert Byrd

June 30, 2010 CONGRESSIONAL RECORD — SENATE S5683 Kathleen Elizabeth Abner, of Maryland Duane Martin Hillegas, of Maryland Paulette C. Small, of North Carolina Hatim Nelson Ahmed, of Thomas Martin Hochstetler, of Virginia Barry Daniel Smith, of Zia Ahmed, of Massachusetts Ellen M. Hoffman, of Virginia Don J. Smith, of Virginia Andrew R. Alberts, of Virginia Jennifer Holmes, of Jason A. Smith, of Virginia Syed Mujtaba Andrabi, of Washington Jacqueline Philyaw Hoskins, of Virginia Scott M. Smith, of Virginia Alison Marie Ashwell, of Virginia Margo Marie Huennekens, of California William Catlett Solley, of Virginia Mark David Aubrecht, of Washington Christian Brian Hummel, of Virginia Michelle Sosa, of California Michelle E. Azevedo, of the District of Co- William Hunt, Jr., of Maryland Judith C. Spanberger, of Maryland lumbia Casey Iorg, of California Kenneth Sturrock, of Florida Jari D. Barnett, of Oklahoma Jennifer J. Isakoff, of Virginia Rudranath Sudama, of Maryland Jacob Barrett, of Virginia Charles L. Jewell, Jr., of Virginia Janel Lynn Sutton, of Jonathan M. Barrow, of Maryland Michael D. Johnstone, of Virginia Peter J. Sweeney, of New Jersey Carrie Lynn Basnight, of Kentucky Alex Jones, of Drew Tanzman, of California Amanda K. Beck, of California John Boyce Jones, of Virginia Alper A. Tunca, of the District of Columbia Michelle Nicole Bennett, of California Leon V. Jones II, of Virginia Tommy Vargas, of Virginia Andrew Berdy, of New Jersey Lisa Kalajian, of New Jersey Gareth John Vaughan, of the District of Co- Dustin Reeve Bickel, of Georgia Marjon E. Kamrani, of lumbia Ashwin E. Bijanki, of Virginia Ji Hong Kang, of Virginia Eric Vela, of Virginia Natalie Irene Bonjoc, of California Katherine A. Keegan, of Virginia Christopher Volpicelli, of Virginia Steven R. Bonsall, of Virginia Kathryn Kane Keeley, of the District of Co- John Philips Waterman, of Massachusetts Kathleen E. Borgess, of Virginia lumbia Mark A. Wilkins, of Virginia Ariela Borgia, of Virginia Alishia Kontor, of Virginia Christal G. Winford, of Virginia Michael D. Boven, of Marc N. Kroeper, of Virginia Joanna K. Wojcik, of Virginia Benjamin Kirk Bowman, of Colorado Klaudia G. Krueger, of Florida Hsueh-Ting Wu, of California Ryan G. Bradeen, of Corinne M. Kuhar, of Virginia Heather Louise Yorkston, of Maryland Diedre T. Bradshaw, of Virginia Tammy L. Lake, of Florida Katie C. Brasic, of Virginia Kristina Law, of Virginia f Steven Arthur Connett Bremner, of Min- Pui-Yung Law, of Virginia LEGISLATIVE SESSION nesota Michael A. Leon, of Virginia Mary K. Brezin, of Colorado Steven Howard Lerda, of Virginia The PRESIDING OFFICER. The Sen- Matthew McMahon Briggs, of the District of John T. Lewis, of Virginia ate will now resume legislative session. Columbia Pierre Antoine Louis, of Florida f Christopher M. Britton, of Maryland Mike Lurie, of Virginia Sarah A. Budds, of Matthew K. Maggard, of Virginia MORNING BUSINESS Evan J. Burns, of Pennsylvania Andrew J. Malandrino, of Virginia Mr. CARPER. Mr. President, I ask John Patrick Callan, of Washington Jeffrey M. Martin, of unanimous consent that the Senate Joseph Christopher Carnes, of Ohio Leonard Frederick Martin, of Maryland proceed to a period of morning busi- Melanie Rose Carter, of Illinois Tracy L. Masuda, of Virginia Christopher P. Casas, of Virginia Billy F. McAllister, Jr., of Virginia ness, with Senators permitted to speak Chris M. Celestino, of the District of Colum- Bradley Thomas McGuire, of Virginia therein for up to 10 minutes each. bia William H. McHenry II, of Virginia The PRESIDING OFFICER. Without Brian M. Charmatz, of Maryland Charlotte I. McWilliams, of Texas objection, it is so ordered. Christopher A. Chauncey, of Virginia Candice R. Means, of Virginia f David R. Chee, of Virginia Henry Wyatt Measells IV, of Virginia Geoffrey Kamen Choy, of Virginia Michael A. Middleton, of Virginia REMEMBERING SENATOR ROBERT Marjorie Christian, of Virginia Amy J. Mills, of Virginia C. BYRD Heather L. Churchill, of Virginia Kyle G. Mills, of Virginia Mr. COCHRAN. Mr. President, the Melanie L. Clark, of Virginia Eric K. Montague, of Virginia Amy Laurence Conroy, of the District of Co- Grant Hanley Morrow, of Pennsylvania Senate has lost its most talented, dedi- lumbia David Jeffrey Mouritsen, of Utah cated, and best-informed Member Jason A. Cook, of Virginia Peter D. Mucha, of Virginia about the precedents, rules, and cus- William R. Cook, of California Amy P. Mullin, of Virginia toms of the Senate, when the distin- William T. Coombs, of Maryland Paul W. Neville, of the District of Columbia guished President pro tempore, ROBERT Emilio Cortes, of Virginia Albert Francisco Ofrecio, of California BYRD, passed away to join his beloved Gregory Roy Cowan, of Texas Jung Oh, of Virginia wife Erma in the heaven he was con- Christen Lane Decker, of Stephanie Nicole Padgett, of Virginia Jonathan Morris Dennehy, of Massachusetts Benjamin Parsell, of the District of Colum- fident existed for those who were true Phillip Anthony de Souza, of Maryland bia believers. Jill Wisniewski Dietrich, of the District of Vikas C. Paruchuri, of Pennsylvania I had the good fortune to work close- Columbia Michael Pennell, of Tennessee ly with as a fellow mem- Julia Sampson Dillard, of California Severin J. Perez, of Virginia ber of the Appropriations Committee Noah A. Donadieu, of Pennsylvania Robert A. Perls, of New Mexico for 30 years. I served as the ranking mi- Melissa Ann Dorsey, of Illinois Andrea Lyn Peterson, of the District of Co- nority member when he was chairman James E. Duckett, of Virginia lumbia and as chairman when he was the rank- Ruth Lillian Dowe, of New York Charles Saunders Port, of Virginia William Echols, of Washington Kern R. Provencio, of Virginia ing minority member. I preferred being Jessica D. Eicher, of Colorado Michael Joseph Pryor, of California chairman. But I thoroughly enjoyed Jeffrey Gordon Eisen, of Wisconsin Michael G. Ramsey, of Virginia the opportunities to conduct the hear- Howard E. Ennaco, of Virginia Charles Anthony Raymond, of Virginia ings, schedule the committee markups, Ronald L. Etter, of Virginia Amy Nicole Reichert, of Colorado and negotiate with our House col- Kathryn Lindsay Fisher, of Virginia Anthony S. Ridgeway, of Virginia leagues to formulate and pass the bills Howard A. Frey, of Virginia Edward Lewis Robinson III, of Maryland that funded the departments of the ex- Marc Brandon Gartner, of California Seth R. Rogers, of South Carolina ecutive branch, the judiciary, and the Casey Thomas Getz, of Virginia Jared D. Ross, of Maryland Richard D. Gopaul, of Maryland Alison Roth, of Virginia Congress. Mark Ostapovych Gul, of Virginia Craig Anthony Rychel, of the District of Co- One of the highlights of my experi- Amanda Gunton, of New York lumbia ence with ROBERT BYRD was a trip we James J. Hamblin, of Virginia Anne G. Saunders, of Virginia took to several European capitals. He Zennia D. Hancock, of New York Tamara L. Scott, of Maryland was comfortable discussing our mutual Christine L. Harper, of Alabama Timothy James Scovin, of the District of Co- interests and differences with the lead- Tara L. Harrison, of Utah lumbia ers of other nations. His mastery of Eu- Jennifer M. Heath, of Virginia Elizabeth Sellen, of the District of Columbia ropean history and politics was as im- Annaliese J. Heiligenstein, of Texas Michael R. Shaw, of Virginia pressive as his well-informed under- Laura Heimann, of Virginia Roger Lanier Shields, of Virginia James Michael Henry, of Massachusetts Craig M. Singleton, of Florida standing of American history and poli- Benjamin E. Hettinga, of Virginia Thomas Michael Slayton, of the District of tics. Michael D. Hight, of Virginia Columbia On one leg of our trip, Senator BYRD Sirli Hill, of Virginia John Thomas Woodruff Slover, of Colorado asked my wife Rose to come sit by him.

VerDate Mar 15 2010 03:34 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S30JN0.REC S30JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5684 CONGRESSIONAL RECORD — SENATE June 30, 2010 He wanted to dictate something to her. that victory for the Constitution, as he he so eloquently espoused be our mis- He started a recitation with names pulled out of his pocket the copy of sion, though our power to persuade be that were not familiar to me, but even- that great founding document he al- far less than Senator BYRD’s. tually Rose realized that he was recit- ways carried with him. A copy of the ROBERT BYRD had many loves—his ing from memory the names of the Constitution that sits today on my late, beloved wife Erma, monarchs of Great Britain, the United desk, in front of me at all times, was and its people, his God, and the Con- Kingdom as we know it, and in the inscribed to me by Senator ROBERT C. stitution of the nation he cherished. order in which each had served BYRD. But the Senate is his special legacy. throughout the entire history of that I had hoped to visit with him this For more than two centuries we have great country. It was an unbelievable week to again listen and learn. In Feb- kept our traditions intact: our unique performance, reflecting an awesome ruary, Senator BYRD sent all of us, his respect for extended debate and minor- ability of recall, and a reverential ap- Senate colleagues, a letter setting out ity rights, and for the legislative au- preciation of a nation which has been his position on preserving the ability thority that the Constitution places in our closest ally in recent history. to engage in extended debate in the our hands to exercise and defend. These ROBERT BYRD was not only my friend Senate. It was yet another powerful de- traditions are maintained because of but a mentor, an example of dedicated, fense of both the enduring traditions of Senators like ROBERT BYRD, Senators disciplined, and determined leadership. the Senate, and the need for thought- who live them and fight for them. I I will miss him, but I will always re- fulness in invoking those traditions. learned more about these weighty member his legacy of seriousness of Senator BYRD’s letter sparked some issues from this great teacher than purpose, and his love for the Senate, its thoughts of my own, and last week, I from anyone or anything in my years role in the legislative process, its pow- discussed with his staff scheduling a in the Senate. ers of advise and consent, and its con- meeting with him this week to get his ROBERT BYRD is no longer with us, tinuity that has helped make our gov- take. Once again, I was in need of the teaching us, leading us. But the lessons ernment the most respected in the insight and wisdom of Senator ROBERT of ROBERT BYRD’s life and career will world. BYRD. endure, guiding all of us now occupying Mr. LEVIN. Mr. President, I want to How I wish he were here today, to these desks, and Senators who will oc- take a few moments today about one of continue teaching us. While that was cupy these desks for ages to come. the best teachers I have ever known: not to be, the lessons of Senator BYRD’s Mr. KERRY. Mr. President, the Sen- Senator ROBERT C. BYRD. life and long service will endure. ate, in its 223-year history, has never The man we lost this week is known His career is a testament to hard had a greater champion than ROBERT for many things: as the longest serving work and determination. This is a man BYRD. West Virginia, in its 147-year member of Congress in the Nation’s who spent 10 years in night school history, has never had a more powerful history; as an accomplished legislator; classes to earn his law degree, who advocate or public servant than ROB- as an author and historian; as a self- when he focused on an issue he did so ERT BYRD. made man who reached exalted with uncommon intensity. We can all Like so many Senators elected before heights, yet never forgot the coal min- learn from his commitment and grit. and after me, I learned very quickly ers and the families of the mountain Like any good teacher, Senator BYRD how passionate ROBERT BYRD was home community from which he came. never stopped trying to learn. He was a about this institution, its roots in the I think of him as a teacher, one who man of strong convictions who knew Constitution. As all of us remember, he began teaching me from the moment I the value of admitting when he was in had that dog-eared copy of the Con- came to the U.S. Senate, and one error. He acknowledged that earlier in stitution he carried in the front pocket whose lessons I sought right up to the his life, he had taken positions and of his suit, and sometimes in the cau- time he was taken from us this week. held opinions on the subject of civil cus or other times on the floor, he Serving as a new Senator in the ma- rights that he later regretted. When he would pull it out to help reinforce a jority means, among other things, shared those regrets, he created a pow- point he was making, even though we hours spent in this Chamber, presiding erful teachable moment. We can all all knew he could recite the Constitu- over the Senate. I was fortunate that learn from his willingness to learn and tion by memory. But he consulted it for many of my early years here, I grow to the very end of his life. often without hesitation. In its words, spent much of that time in the Pre- He was tireless in his defense of the he reminded us that he always found siding Officer’s chair listening to Sen- role the Constitution assigns to the wisdom, truth, and excitement—the ator BYRD speak on the history of this Congress, and specifically the Senate, same excitement he felt as a young boy body, its traditions and practices, and in our democracy. In his letter to us in in Wolf Creek Hollow, reading by ker- its historic debt to another great body February, he wrote: ‘‘The Senate is the osene lamp about the heroes of the that played a major role in mankind’s only place in government where the American Revolution and the birth of march toward democratic government, rights of a numerical minority are so our Nation. Those words literally guid- the Roman senate. protected.’’ He called those protections ed him through the 58 years he spent in I was learning from him two decades ‘‘essential to the protection of the lib- Washington as a Member of the Con- later, when Senator BYRD led a small erties of a free people.’’ gress and as a Senator. group of us who filed a lawsuit and Whether it was Congress’s constitu- It is fair to say that no one knew the later a legal brief challenging a law we tional obligations to render judgments Senate—its history, its traditions, and believed to be unconstitutional: the on matters of war and peace or to exer- its precedents—better than ROBERT law granting the President the so- cise the power of the purse, Senator BYRD. It is all there in the four-volume called line-item veto. He, like I and BYRD was a relentless fighter for the collection of his speeches on the Sen- many others, saw this law as bending role the Founding Fathers carefully set ate, which we were all privileged to re- the Constitution in ways that usurped out for us. He was not defending Senate ceive from him. Congress’s constitutional authority authority for its own sake. His passion Every freshman Senator got a per- and responsibility. In 1998, the U.S. Su- was not for Senate prerogatives for sonal crash course on the Senate’s his- preme Court agreed. The majority in their own sake, but for the brilliantly tory from ROBERT BYRD himself. I was that case, citing its ‘‘profound impor- conceived constitutional balance of one of five Democratic freshmen elect- tance,’’ concluded that the line-item powers essential to our freedoms. He ed in 1984. The class of 1984 was privi- veto ‘‘may or may not be desirable,’’ passionately believed that we must not leged to share some lofty hopes and but that it was surely not consistent yield one ounce of the authority that goals. Four of the five of us eventually with ‘‘the procedures designed by the the Constitution entrusts to the peo- ran for President: , , Framers of article I, section 7 of the ples’ elected representatives. We can , and myself. All of us can Constitution’’ the so-called present- all learn from the conviction, the dedi- tell you that we arrived in the Senate ment clause. cation and the intellectual power he with a thirst for action and an impa- I remember standing next to Senator brought to that cause, to the end of tience for delay. Then-minority leader BYRD at a press conference celebrating making it our cause. Let the mission ROBERT BYRD didn’t discourage any of

VerDate Mar 15 2010 03:34 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S30JN0.REC S30JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 30, 2010 CONGRESSIONAL RECORD — SENATE S5685 that. In fact, he encouraged it, and he cept the mounting scientific data of the Senate. It is no wonder that he was helped all of us with our committee as- global warming and took part in find- such a keen observer of politics. signments so we could push the list of ing a solution. To do otherwise, he I remember when I decided to run in our policy ideas that we exuberantly said, would be ‘‘to stick our heads in 2004, I went to talk with Senator BYRD. believed we could and would pass into the sand.’’ His advice, in fact, was among the first law. But in meetings with us individ- ROBERT BYRD cast more than 18,500 I sought. He advised me to ‘‘go to West ually, he also helped each of us to see votes in the Senate—a record that will Virginia,’’ ‘‘get a little coal dust’’ on the bigger picture, to impress upon us never be equalled. His last vote was my hands and face and ‘‘live in spirit the fact that one of our most impor- June 17 against a Republican proposal with the working people.’’ In keeping tant responsibilities as Senators was to to prevent the extension of unemploy- with his advice, I did just that. What a be caretakers of this institution—an ment benefits. Earlier this year, even great experience it was. institution he regarded as both the with his health failing, he cast one of He was deeply proud of West Virginia morning star and the evening star of the most historic votes of his career in and its people. He proudly defended his the American constitutional constella- support of legislation to expand health work to invest Federal dollars in his tion. care to all Americans—the life work of State, the kind of spending that some To ROBERT BYRD, the Senate was, as his old and departed friend Ted Ken- people deride as pork. ROBERT BYRD he said, ‘‘the last bastion of minority nedy. knew it was something else. It was op- rights, where a minority can be heard, Whether he voted with you or against portunity for his people. He took pride where a minority can stand on its feet, you, it was never hard ideology with in the way that Federal funding helped one individual if necessary, and speak ROBERT BYRD. He had no use for narrow to lift the economy of West Virginia, until he falls into the dust.’’ Indeed, partisanship that trades on attack and one of the ‘‘rock bottomest of States,’’ earlier this year, when many of us felt values only victory. I learned that as a as he put it. He breathed new life into frustration over the Senate’s rules gov- candidate for President in 2004 when so many communities across that erning —specifically, the re- Senator BYRD came to my defense after State with funding for highways, hos- quirement of 60 votes to cut off de- opponents aimed religious smears at pitals, universities, research institutes, bate—ROBERT BYRD cautioned against me. I was forever grateful to him for scholarships, and housing—all the time amending the rules to facilitate expedi- doing that. giving people the opportunities that he tious action by a simple majority. In a It all began one Sunday when Sen- knew so many West Virginians of his letter sent to all of us, he observed ator BYRD was home in West Virginia generation never had. ‘‘You take those that: and found that a brochure had been in- things away, imagine, it would be blank,’’ he once said. The occasional abuse of the rules has been, serted in a church bulletin saying that at times, a painful side effect of what is oth- if elected President, I would ban the ROBERT BYRD’s journey was, in many erwise the Senate’s greatest purpose—the Bible. Senator BYRD exploded. ‘‘No one ways, America’s journey. He came of right to extended, or even unlimited, debate. side has the market on Christianity or age in an America segregated by race. The Senate is the only place in govern- belief in God,’’ said this born-again But like America, he changed, even re- ment where the rights of a numerical minor- Baptist. Later at a rally in Beckley, he penting, and he made amends. Not only ity are still protected. accused my opponents of having ‘‘im- did he come to regret his segrega- He added: properly hijacked the issue of faith’’ tionist past, but he became an ardent Majorities change with elections. A minor- and said that the suggestion that I in- advocate of all kinds of civil rights leg- ity can be right, and minority views can cer- tended to ban the Bible was ‘‘trash and islation, including a national holiday tainly improve legislation. . . . Extended de- honoring Dr. Martin Luther King. And liberations and debate—when employed judi- a lie.’’ But Senator BYRD was not done. He in the end, ROBERT BYRD endorsed ciously—protect every Senator, and the in- for President. ‘‘I have terests of their constituency, and are essen- also went to the Senate floor to de- tial to the protection of the liberties of a nounce this kind of politics: lived with the weight of my own youth- free people. Paid henchmen who talk about Democratic ful mistakes my whole life, like a mill- stone around my neck,’’ he wrote in ROBERT BYRD also impressed upon us politicians who are eager to ban the Bible 2008. ‘‘And I accept that those mistakes the fact that we did not serve ‘‘under’’ obviously think that West Virginians are will forever be mentioned when people any President; that as a separate but gullible, ignorant fools. They must think that West Virginians just bounced off the talk about me. I believe I have learned equal branch of government, we served turnip truck. But the people of West Virginia from those mistakes. I know I’ve tried ‘‘with’’ Presidents, acted as a check on are smarter than that. We are not country very hard to do so.’’ the executive’s power. ROBERT BYRD bumpkins who will swallow whatever gar- That is the expression of a man with was the longest serving Member of bage some high-priced political consultant a big heart and a big mind. Congress in all of our Nation’s history, makes up. The moments that define most men’s and as such he served with 11 Presi- That was ROBERT BYRD telling it the lives are few. Not so with ROBERT dents. way he thought. BYRD. He devoted his life to Erma and At no time in his career was ROBERT Anytime Senator BYRD spoke, any of his family and to public service, com- BYRD’s defense of legislative preroga- us who had the privilege of serving piling an extraordinary record of ac- tives more pronounced and more elo- with him remember his speeches were complishment and service in more than quent than in arguing against granting filled with as many Bible references as half a century in Congress. His mastery the Bush administration’s broad power historical references. When the Senator of Senate rules and parliamentary pro- to wage preemptive war against Iraq. spoke, the Senate kind of came to a cedure was legendary. His devotion to He chided the Senate for standing halt. Senators would lean forward and his colleagues and to this institution ‘‘passively mute . . . paralyzed by our listen, as they did not necessarily do was unequaled. And his contributions own uncertainty,’’ ceding its war pow- otherwise, and learn. to his State and to the Nation were ers to President Bush. It is fitting that this teacher in the monumental. ROBERT BYRD was, as we all know, a Senate, this guardian of the Senate, ROBERT BYRD spent most of his life lot more than the guardian of the Sen- will lie in state in this Chamber on the making sure the Senate remained what ate. He was a major figure in the great floor of the institution he revered and the Founding Fathers intended it to be: panorama of American history over which also had so much respect for a citadel of law, of order, of liberty, the more than half a century. He was a him. He is as much a part of this anchor of the Republic. And in doing thinker—thinking and reevaluating Chamber in many ways as the historic so, he takes his place among the giants more in his eighties and nineties than desks or galleries or the busts of Sen- of the Senate, such as Daniel Webster, many Senators do in a lifetime. He was ate presidents. John C. Calhoun and, of course, his and an ardent supporter of the Vietnam He ran for public office 15 times, and our dear friend . war but surprised many with his fierce he never lost. He was first elected to May ROBERT BYRD rest in peace. opposition to President Bush’s invasion the West Virginia legislature in 1946 Mr. GRAHAM. Mr. President, I rise of Iraq. He was a protector of West Vir- and served three terms in the House of to celebrate the life and career of Sen- ginia’s coal industry but came to ac- Representatives before his election to ator ROBERT C. BYRD. I have been in

VerDate Mar 15 2010 03:34 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S30JN0.REC S30JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5686 CONGRESSIONAL RECORD — SENATE June 30, 2010 the body now since 2002, and Senator the political agenda rather than to in- ful person ROBERT BYRD was, how much BYRD will go down in history as not terpret the law. he meant to them, and also I hope rec- only the longest serving Senator to The law meant a lot to Senator ognizing how much he meant to all of date—maybe forever—but also as one BYRD—the Constitution did. One of my us. In this very difficult moment, I am of the most effective Members of the cherished possessions is a signed copy sure his memory and his example will Senate. of the Constitution, given to all the sustain them as it sustains all of us. He was tough. During his prime, they members of the . That is just Senator BYRD, from these humble tell me, there was no tougher opponent one example of where very late in life circumstances through hard work in and no better ally than to have Sen- he made a huge impact on the Senate. shipyards, in the coal fields of West ator BYRD on your side. And when he As history records that moment, I Virginia, rose up. He rose up because of was on the other side, you had a long daresay it is probably one of his finest his incredible talent, not only intellec- day ahead of you. hours. Because the consequences of not tual talent, but I had the great good He talked about his early life. He is a resolving that dispute the way we did fortune once to hear him play the fid- human being, like the rest of us. I could have changed the Senate rules dle. Anyone who can play a fiddle like think what he was able to do for his forever, and I think the judiciary for that has great hope of employment, at people in West Virginia, and the coun- the worse. So we have a lot to cele- least in the musical world. But he went try as a whole, will stand the test of brate. beyond that. time, and he will be viewed for many His family, I know, mourns the loss Again the lesson Senator BYRD things, not just one. That is the way it of their loved one; the people of West teaches us all is constant striving. He should be for all of us. Virginia, their best champion has was someone who received his law de- I had the pleasure of getting to know passed. But we all pass. It is what we gree while a member of the Congress, him when I first came to the Senate leave behind that counts, and I think the first and perhaps only person to go and I walked into one hell of a fight he has left a lot behind and something to law school while he was also serving over judges. The Senate was in full bat- both Republicans and Democrats can the people of West Virginia and the tle over the filibustering of judges. The be proud of. Even though you disagreed Congress. Senate had gone down a road it had with him, as I did on many occasions, He wrote what is regarded as the never gone down before—an open re- I had nothing but respect for the man. foremost history of the Senate, not sistance to the judicial nominations of He was a true guardian of the Senate only this Senate but also the Roman President Bush across the board. The and what it stands for. Senate. He did that because he was body was about to explode. There were I don’t think we will ever find any- committed to finding out about his- 55 Republicans at the time, and we all body who loved the institution more tory, about life, about human chal- believed that what our Democratic col- than Senator BYRD. He will be missed. lenges, about great human endeavors, leagues were doing was unprecedented, But the best way we can honor his and using that knowledge to help oth- unnecessary, and, quite frankly, dan- memory is to try to follow in his foot- ers. gerous to the judiciary. I am sure they steps when it comes to making sure the He was someone whom we all re- had their view, too, and everybody has constitutional role of the Senate is ad- vered. When I arrived in the Senate, he a reason for what they do around here. hered to, and that we understand the was gracious and kind and helpful. I The Gang of 14—affectionately Senate is not the House, the Senate is can always remember he would greet known by some, and discussed by oth- not the executive branch, the Senate is me as ‘‘my captain.’’ He had a deep af- ers—was formed during that major his- something special, and let us keep it fection for those who served, even torical moment in the Senate. I re- that way. someone as myself who did not serve at member talking to some observers of Mr. REED. Mr. President, I rise to the same level of distinction as DAN the Senate who were telling me that if pay tribute to an extraordinary Sen- INOUYE, , JOHN MCCAIN, and the rules were changed to allow a sim- ator—ROBERT BYRD of West Virginia. others. He is someone who helped and ple majority vote for the confirmation Chairman BYRD was the longest serv- supported me, and I appreciated very of judges, that would take the Senate ing Senator in the history of this coun- much his kindness. down a road it had never gone down be- try. He served with extraordinary dis- I also appreciate the passion he fore, and where it would stop, nobody tinction not only on behalf of the peo- brought in defense of the Constitution knew. At the same time, there was an- ple of West Virginia but on behalf of all of the and the passion he other constitutional concept that of us. brought to ensure the Senate and the meant a lot to me and to others, and The great lesson of his life is that Congress played its rightful role in the that is that people deserve a vote when through constant self-improvement, deliberations of this government. they are nominated by the President. through constant education, not only He would say quite often that he had Well, Senator BYRD and 13 other Sen- can one rise to great heights but one not served under numerous Presidents; ators—and he was a big leader in this— can also contribute to one’s country he had served with them as a Senator, came up with the compromise called and community. in the legislature, a coequal branch of ‘‘extraordinary circumstances.’’ We Senator BYRD was born in very hum- government. He fought not simply for agreed that we would not ble circumstances. At his birth, I do personal prerogatives, he fought for judges unless there was an extraor- not think anyone would have predicted principle, that this government would dinary circumstance. We understood he would become the longest serving be based on, as our Founding Fathers’ that elections had consequences. What Senator in the history of the United designed it, the interplay between the we had in mind was that we would re- States. In fact, tragically, within a executive, legislative, and judicial serve our right to filibuster only if the year of his birth, his mother passed branches. His passion for the Constitu- person did not meet the qualification away, and he went to live with his fa- tion was evident and obvious. test. I believe the advise and consent ther’s sister. But in those difficult cir- He also was passionate in the last few role of the Senate has to be recognized, cumstances in West Virginia, he rose years about the foreign policy of the and I respect elections but not a blank above it through tenacious effort, United States. He spoke with eloquence check. So there is always the ability of through hard work. and with passion against our engage- any Senator here, or a group of Sen- Through his life’s path, he had an ex- ment in Iraq. He saw it, as now it is be- ators, to stand up and to object—one traordinary companion, the love of his coming clearer and clearer, as a stra- party versus the other—if you believe life—Erma. Together they not only had tegic distraction from the true chal- the person is not qualified. a family but they built a life of service lenge, which was to defeat our oppo- The second issue we dealt with was to others. I know how dear his dear nents, al-Qaida and their affiliated ter- that we all reserved unto ourselves the Erma was to Senator BYRD. rorist groups, and to do that to protect ability to object if we thought the per- Their children, Mona, Marjorie, their this country. son was an activist judge—a political sons-in-law, their grandchildren, and He was a remarkable man, born of person who was going to be put on the their great-grandchildren all at this humble origin, self-educated, unceas- bench and the robe used to carry out moment are reflecting on the wonder- ingly educating himself and always

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So supporting him in his service, and He said toward the end of his life he gave us literally billions of dollars. thanking the people of West Virginia many times that his stand on civil Today, St. Bernard Parish, the city for their wisdom in sending ROBERT rights was not right. He apologized pro- of New Orleans, and parishes all in the BYRD to the U.S. Congress and the U.S. fusely for being on the wrong side of southern part of the State are recov- Senate. history on that issue. He did not make ering because of one person, Senator Ms. LANDRIEU. Mr. President, I many mistakes such as that. But he BYRD, the chair of the Appropriations come to the floor this afternoon to was such a great man that he admitted Committee, who said: We are not going speak on a couple of different subjects. when he did. to leave you at your hour of greatest Briefly I wish to say a few words about Senator REED recalled that he always need. our extraordinary and great colleague called him ‘‘captain,’’ but Senator I will never forget, and my State will who has left the Senate and left this BYRD had a way of referring to each of never forget, the generosity and the world, but his spirit will be here for us in a special way. He would always courage it took for him to stand with many years to come and his presence say to me: How are you today, Senator, us through that difficult time. So I will be felt here for decades, if literally and how is that fine father of yours, wanted to, in a small way, add my not centuries, and the extraordinary Moon Landrieu? It would always make voice to the many tributes that Sen- contribution that Senator ROBERT me feel so wonderful that he would say ator BYRD has received, and those are BYRD of West Virginia has made to the he was such a great mayor. How is the most important ones that I wanted Congress, to the Senate, to our coun- Moon today and how is Verna? Can you to share today. try, and to the world. imagine a gentleman with so much on Mr. LAUTENBERG. Mr. President, My colleague, the Senator from his mind that he would always remem- this is not my regular seat in the Sen- Rhode Island, gave a beautiful tribute ber to me the parents I have and that ate, but I came here to stand near the a few minutes ago. I was in the Cham- we both admire so much? It was a spe- place that Senator ROBERT C. BYRD oc- ber and listened to what he said. I wish cial way about him. cupied. His absence is noted by the to add that not only did ROBERT BYRD Finally, when Katrina happened and flowers and the black cloth that covers rise up through educating himself—in all of us on the gulf coast were dev- his desk. these days that is almost a foreign con- astated—frankly, I could not find a There is so much to say about ROB- cept to so many people. You go to great deal of comfort at the level of the ERT C. BYRD that to have a serious dis- school, you get a degree—but he did all administration that was in power. I cussion about who and what he was of that and more. He read so much. He never thought they quite understood would take far more time than we have was so curious about so many aspects the depths of the destruction that oc- available. He was an unusual man, bril- of life, not just politics, not just gov- curred. It worried me then and it still liant, genius, credited with encyclo- ernment, but industry, art, and music troubles me to this day. But the first pedic knowledge. that literally he was one of the most meeting I had with Senator BYRD, When I came to the Senate in 1983, I inspirational human beings I have ever when I was trying to explain to him was not a young man. I am now an had the pleasure to know or ever read how devastating this situation was— older man. When I came, I wanted to about in that sense. because it wasn’t a hurricane, it was a meet Senator BYRD. I came from the Senator REED said he lifted himself flood and the Federal levees had col- business world. I was chairman and from literally an orphan status in one lapsed—he just sort of put his hand out CEO of a significant corporation that of the poorest communities in the and said: Senator, have a seat. He said: carried substantial esteem and respect world, West Virginia. Parts of it are I do understand, and I am going to for the record compiled by the three of much like a few parts of our country work with you. I am going to help you. us boys from poor working-class fami- that are extraordinarily poor, even by I am going to be here for the people of lies in Paterson, NJ, an industrial city world standards. and the gulf coast as we try that had its origins as an industrial He came from a very humble, or- to get this right. place at the time of Alexander Ham- phaned beginning with virtually no Mr. President, we were shortchanged ilton. chance at anything much, and ended by other Members of Congress and by I was privileged to meet a lot of peo- up, we know, sitting at that desk, the . They never quite un- ple who could be described as lofty and which is one of the great desks of derstood. When the first allocation of holding positions of importance. When honor in this Chamber. As people who funding was given out, it was just an I went in to Senator BYRD’s office to work here know, the longer one is here, arbitrary number thrown out that we introduce myself—I had met him a cou- the closer one gets to the center aisle. were going to take $10 billion and help ple of times before I was elected to the Since he held up the center aisle lit- the gulf coast, but no State could get Senate seat from New Jersey—it was erally with his presence every day, one more than $5.4 billion. Well, when you with great awe and respect that I sat in cannot get any more senior than that looked at the facts at the time, the front of this individual who had given desk. We look at it now these days and numbers were so disproportionate to so much to our country, who taxed our are reminded of him. the injury that Louisiana and our peo- wits and made us think more deeply He lifted himself, he lifted his family, ple had suffered, had you done it on about our responsibilities than some- but I would say in that earnest curious just a disaster basis—which we should times we have. He was a tower of way, he lifted an entire State and an have done in calculating it—we should knowledge and strength. entire Nation. There are not many in- have gotten $15 billion relative to that I introduced myself to him, and we dividuals who can say that their life distribution. had a nice chat for a while. He asked actually did that. But ROBERT BYRD is When I brought those numbers to me about my background. I talked one of them. West Virginia today is Senator BYRD, he said: We are going to about my life and my experiences, lifted so much higher. The children of work on it. And you know what, Mr. which are not anything like the depth West Virginia, the families of West President, he did. Unbelievable as it of Senator ROBERT BYRD’s background. Virginia, the communities of West Vir- might be to the people in this Cham- I came from a poor family. I served in ginia literally were lifted by the ber, because he was a very powerful the Army. I received my education at strength—the spiritual and intellectual chairman of the Appropriations Com- Columbia University because I was able strength—and courage and tenacity of mittee, he could actually do it, and he to use the scholarship that was given a man for whom there is no peer in this did. to soldiers who had served in the mili- room relative to that, and our Nation I didn’t have to explain that much or tary. across decades, through many of the beg that much. I just had to present As I listened to ROBERT BYRD, what great trials of this Nation. He lifted the data to him that showed this is he had accomplished in his lifetime

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A new sew- taught himself how to play the violin iness that we otherwise would not have age system meant that families might and attended law school part time at had. have clean water—unaccustomed as night for years, finally getting his law Nobody knew more about this body they were in lots of places in his home degree from the university. He was an than ROBERT C. BYRD. He was this State. A new highway meant that incredible figure in our time. Chamber’s protector. He protected the farmers and companies could bring We feel his absence already. In his Senate’s rules, the Senate’s integrity, their product and their produce to mar- latest years, he was not fortunate and he protected the Senate’s civility. ket in hours. enough to have the kind of health he He taught each and every one of us how I will use the expression that he had as a younger man, but he always the Senate works—the ins, the outs. It ‘‘elegantized’’ the beauty of the deeds had the respect of everybody who knew is hard to imagine serving a single day of working people and brought meaning him. without him. He had such respect for to the purpose of their lives and their When we look at his history, if one the management of this country of work. has time to go to the computer and get ours. He was a forward-looking man. He, a biography that is held in Wikipedia We should be inspired by ROBERT C. working with all of us, recognized the and see the more than 30 pages’ worth BYRD’s legacy to become more coopera- importance of an appropriate infra- of his accomplishments and history, it tive and more civil in the days ahead. structure—the importance of Amtrak, was a privilege and an honor for those We ought to reflect on those values to- of the railroad that serves so many of us who knew him when we look at morrow as we view Senator BYRD’s cas- millions of Americans every year. He the positions he held. He had elegance. ket in this Chamber was a voice for stronger rail service, He had grace. He had resilience. He was that he loved so dearly. He loved it so knowing that could get people more re- tough. He had a meticulous grasp of much that he reminded all of us from liable travel so they would not be history. time to time—he would pick up on a stuck in massive traffic jams when I came out of the computer business. phrase. Someone talked about serving they had to get someplace. It was an I used to tease ROBERT C. BYRD. I under President this or that President. important part of an agenda that he called him ‘‘my human computer.’’ He He said: Sir, never, never under. We had that was so broad. had so much knowledge that, frankly, I serve with the President of the United Years ago, when Amtrak—a favorite think it competed very ably with the States. We never serve under them. We part of my view of what has to happen computers in the early eighties when I are a body of equal importance. And he with our infrastructure—was under came to the Senate. siege, we worked side by side to protect When I visited him in his office, he knew that from every possible position America’s premier rail network from asked me if I knew the history of the of responsibility he held. being defunded. In 2007, when the Am- monarchs of the British Empire. I said What we should do as a Senate is ac- trak law I authored was on this floor, I did not know much about them. I cept the best that ROBERT C. BYRD we faced a difficult vote to defeat a knew the recent one, the sitting mon- brought to us, to share the image he killer amendment. I remember stand- arch at the time. He proceeded for brought to all of us and to the stature ing here as they were counting the more than one hour to give me the his- of this body. tory of the monarchs of the British ROBERT C. BYRD’s journey in life was yeas and nays, and Senator BYRD had Empire, starting with William the Con- simply remarkable. He was born into occasion to let his simple yes or no queror, 1066, and recalling everybody deep poverty, growing up without the ring out across this place. He put a who was King or Queen of England, of comforts that many of us take for stamp on that, and that meant that he the British Empire. He talked about granted, such as running water, and didn’t like it or he did like it. He wanted everybody in this place to how long they served, the precise dates setting an example for all Americans of remember that he was chairman of the they served, whether they died by the what you might be if you make the ef- hand of an assassin, whether they died fort and you have the dedication to a Appropriations Committee. He remem- from a disease, whether they died from higher purpose. bered when people voted with him and an accident. He knew all of that detail. Although he was high school valedic- when they didn’t. He couldn’t stand the I was sitting in total bewilderment as torian at the age of 16, he had to skip hypocrisy of people who would say: Oh, to how one could capture and remem- college because he did not have the these earmarks are terrible, and then ber so much of that information. means to pay for it. He overcame that they would put in their list. But he When I asked to be excused because I obstacle by becoming a self-taught would remember it. It was not a good had some other business, he was ready man and a student of history. How did thing, to meet with ROBERT C. BYRD’s to give me the history of the Roman he learn to play the violin all by him- disapproval, when you wanted some- Senate. He did this not like most of us, self, and learn what he did about edu- thing; especially after so hypo- with notes. He had it in his brain while cation and law? critically voting against something he recalled everything he learned and He served half a century—51 years— and then wanting that very thing for did, the number of votes, where he cast in the Senate, holding every critical your own State. them, and on what issue. It was re- position, including, as I mentioned, We have an obligation to honor the markable. majority leader and minority leader legacy of this giant of an individual, He served at a period of time when and President pro tempore. In that po- this giant of a Senator, this giant of a we had some of the most remarkable sition he was third in line for the Pres- public servant, and that means never people this body has seen. Not to sug- idency of the United States. losing sight of the millions of Ameri- gest we do not have talent equal to the Still, he never forgot where he came cans out there who don’t know whether stature of some of those who served from and his duty to help everyday they will have a home now or have a then. It is worthy of mention that he people. He pleaded their case, particu- job, or whether they will be able to af- was the majority leader in the Senate larly his beloved West Virginia, as well ford electricity or food or a roof to from January 1977 to January 1981 and as across the country. sleep under, or a way to take care of again from 1989 to 1989, a relatively I had the privilege to serve with Sen- their children. But he reminded us on a short period. He preceded and served ator BYRD when he was chairman of the constant basis what our commitment with people such as on Appropriations Committee. Some like was. the Republican side, , Mike to make light of his position to fund It also means, I think in reflection, Mansfield, and George Mitchell. He was projects in West Virginia, but there that we should be renewing our com- an equal with those powerhouses and was nothing cynical about his life’s mitment, as hard as it is—and it is stood as one of them. He stood out. cause to stamp out poverty in his home easy to kind of pontificate here—to He revered this Senate and the proc- State and in this country. Senator working together. But let us look at ess with which we then operated. We BYRD called bringing Federal dollars what is happening. Let us look at what

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BYRD brought to his West Virginia, in every war in the 20th of Legislative Affairs on July 15, 2010. work were that we were here to serve century, ranked either first or second In his role as the director of the Marine the public. That was the mission. in terms of its casualty rate. He was Corps’ Senate Liaison Office, he has Rather than standing in the way of someone who never forgot the con- provided excellent support by ensuring permitting things to be considered— tributions of the people of that much- the smooth and timely passage of in- things of value—perhaps we ought to maligned State to the well-being and formation from the Marine Corps to have a BYRD lecture to the Senate-at- greatness of our country. He left his Senators and their staffs. His sense of large every now and then and let some- mark on all of us, and I would be re- duty and responsibility contributed to one who knew him or studied him talk miss if I didn’t express my regret in his a successful relationship between the about what he brought to the Senate, passing. U.S. Senate and the U.S. Marine Corps. in addition to extraordinary leader- Mr. WHITEHOUSE. Mr. President, I His dedication to serving the U.S. Sen- ship; someone who could talk about the rise today to pay tribute to our de- ate will be missed. degree of collegiality that is necessary parted Senate Dean, ROBERT C. BYRD of A native of Williamsport, PA, Colo- for us to consider things—serious West Virginia. Senator BYRD served in nel Skuta attended the University of things—and to get them done. this Chamber longer than any Senator Pittsburgh and received a commission Senator BYRD recently said—and he 1 as a second lieutenant in the U.S. Ma- said this on a regular basis: in history, 50 ⁄2 years. Combined with 6 prior years in the House of Representa- rine Corps in 1987. His career as a Ma- The world has changed. But our respon- tives, Senator BYRD’s service spanned rine officer has been varied and admi- sibilities, our duties as Senators have not rable. Prior to his assignment to the changed. We have a responsibility, a duty to nearly a quarter of the history of the the people to make our country a better Republic, from the Truman administra- U.S. Senate, he served on the Joint place. tion to the Obama one, longer than the Chiefs of Staff, in the Strategic Plans It would be fitting if in the shadow of span of my life. and Policy Directorate. Before that, he led 1,200 marines, soldiers, and sailors his passing that we could take a sledge- To serve with Senator BYRD, as was in combat in Iraq in 2004 as a battalion hammer to partisan gridlock, put the my privilege for too short a time, was task force commander. Over the past 24 unnecessary rancor aside and start to serve with a giant of the Senate, an months, his excellent work, leadership functioning in a deliberative fashion apotheosis of a long-ago age when ora- of his liaison team, and example of pro- once again. tory was an art. How fortunate I was to I thank you, Senator ROBERT C. fessionalism have served the Senate sit on the Budget Committee several well and reflected credit on the U.S. BYRD, for what you gave to us and gave chairs away from the man who wrote to this country. All of it will not be Marine Corps. the Budget Act. I will never forget a Upon his arrival as director of the recognized in these moments. But as Budget Committee hearing last year at history is reviewed, people will remem- U.S. Senate Marine Corps Liaison Of- which, with 35 years of hindsight, Sen- fice, Colonel Skuta assumed and ber—I hope they do—that even when he ator BYRD reviewed the very budget made a mistake, a serious mistake in upheld the distinguished standard set process that he had designed. On that by his predecessors. His approach to re- his early days—when he was not eager February morning, Senator BYRD de- to support desegregation; that he solving complex issues allowed him to lighted in describing his crafting of the advise and inform Members and their should not have abided with seg- budget process and its implementation regationists; that this country be- staffs of Marine Corps plans, policies, and evolution over three and a half programs, and worldwide activities. longed to all the people and no one decades. should be discriminated against—that Despite the fluidity of legislative proc- one can be forgiven with good deeds Tomorrow, for the first time since ess, Colonel Skuta established and de- after some bad ones. And he redeemed 1959 when ROBERT C. BYRD was a 40- veloped productive working relation- himself so nobly, so wonderfully. year-old first-year Senator, a departed ships through engagement opportuni- So we say, as we have been for these Member of this body will lie in repose ties. days, thank you, ROBERT C BYRD. We in its Chamber. The tribute will surely As liaison officer to the Senate, Colo- loved being with you, and we will miss be fitting, as the Senate’s most senior nel Skuta represented the Marine you. Member occupies the floor one final Corps on all Marine-related matters Mr. WEBB. Mr. President, I have not time. and effectively articulated the Marine yet had the opportunity on the floor to The man will be missed, but his leg- Corps’ most difficult and challenging express my regret for the passing of acy will continue to guide this institu- legislative initiatives to Members and Senator ROBERT BYRD and my incred- tion for generations to come, and the staff. He has been an integral player in ible respect for the service he gave our institution to whose principles and maintaining effective relationships be- country. welfare he dedicated his life, the U.S. tween the Marine Corps, my colleagues I was only able to serve with Senator Senate, will endure with his lasting im- in the Senate, professional committee BYRD at the twilight of his career. I print upon it. staff, and personal staff members. In knew him in my capacities as Assist- particular, he responded to hundreds of ant Secretary and then Secretary of f congressional inquiries, ranging from the Navy years ago, and I admired him such sensitive issues as notification of combat casualties from the Afghani- for many years as an individual of VOTE EXPLANATION fierce intellect. He was a strong pro- stan and Iraq campaigns to providing ponent of the balance of power, par- Mr. BROWNBACK. Mr. President, I timely information on the operation, ticularly protective of the powers of regret that on , 2010, I was un- organization, and budget of the Marine the U.S. Congress as they relate to the able to vote on the confirmation of Corps. He also planned and executed executive branch, which is an area I Gary Scott Feinerman, of Illinois, to dozens of international congressional have also focused on over the years. be U.S. District Judge for the Northern delegations. I had the pleasure of trav- Senator BYRD had great love for the District because my flight from Kansas eling on two of these congressional del- people of Appalachia. He was their City was delayed. I wish to address this egations with Colonel Skuta and was greatest champion. He was a self-made vote, so that the people of the great impressed with his service to the Mem- man in every sense of the word—self- State of Kansas, who elected me to bers of the Senate. He reflected well on made economically, born an orphan, serve them as U.S. Senator, may know his service at numerous Marine Corps and self-made in terms of his own edu- my position. I would have voted in and joint social events on Capitol Hill. cation. favor of this confirmation. Among others, these events included

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