February 14, 2012 CONGRESSIONAL RECORD — SENATE S595 that made this possible. Let me also Under this legislation, the Secretary Yet there is something about Arizona recognize the ranking member, Senator will develop minimum performance that is great, something that truly sets SHELBY, for his efforts to work in an standards for vehicles used in public the Grand Canyon State apart from the incredibly positive, cooperative, and transportation and establish a training rest. The Grand Canyon, of course, bipartisan manner that, in fact, cre- program for Federal and State employ- comes to mind. ated the ultimate result of a unani- ees who conduct safety audits of public I would like to quote one of Amer- mous bipartisan vote, something we transportation systems. Fundamen- ica’s most famous explorers, John Wes- would love to see more of these days. It tally, this bill improves the effective- ley Powell, who once said: was his work, along with the chair- ness of State safety oversight agencies, The wonders of the Grand Canyon cannot man’s, that got us to that point. I am increases Federal funding for safety, be adequately represented in symbols of glad to have been added to that as the and provides new enforcement author- speech, nor by speech itself. The resources of subcommittee chair as well. the graphic art are taxed beyond their pow- ity over public transportation safety to ers in attempting to portray its features. Millions of Americans take over 10 the Secretary of Transportation. billion transit trips a year. It has Language and illustration combined must At the end of the day, making our fail. taken over 2 years of hard work, and it transit system as safe as humanly pos- is part of an overall bill that creates or I agree. I have hiked the Grand Can- sible in every State, from coast to yon. I have seen it from above, and I saves 2 million jobs, but those trips and coast, must be a national priority. the jobs that get created by it and the have seen it from below. Words lit- So let me conclude by saying, once opportunity of people to get to employ- erally cannot describe its power or its again, thanks to Senators JOHNSON and ment, to get to a hospital, to go see beauty. That is why every year mil- SHELBY for their leadership over the family and friends are incredibly im- lions of tourists come from all corners last 2 years. I think the bill is a victory portant in the context of our national of our Nation and from across the At- for every American community. It is a economy. At a time when job creation lantic and the Pacific to experience the commonsense investment that will cre- is essential, it invests in every State to majesty we are fortunate enough to ate jobs, keep this Nation competitive, keep us competitive as a nation in the have right there in our own backyard. and make our communities more pro- global marketplace. But as big as it is, the Grand Canyon Under this legislation, for example, ductive, accessible, and livable. It is a is just a small part of the Arizona my home State of New Jersey stands to victory for those who believe we can story. There are the Sedona Red Rocks, receive about $519 million in Federal create jobs, get people back to work, the beautiful White Mountains, the transit funding without any increase in and keep us on the cutting edge of the Painted Desert, the Petrified Forest, Federal spending. This bill cuts waste global economy. Monument Valley, Saguaro National and eliminates earmarks so New Jersey So now we need to make sure we con- Park, the 12,000-foot San Francisco will see benefits from a $63 million in- tinue to reach across the aisle, as the Peaks, and countless other natural crease in transit funding, more transit chairman and the ranking member and wonders that span across our deserts funding than in any previous year. This I have done during this process, and get and through our forests. There are al- bill invests in our infrastructure and this investment in America’s future to most 4,000 peaks and summits in our improves public transportation with- the President’s desk and signed into State alone. out increasing the Federal budget, and law as soon as possible. Arizona is also home to manmade it provides more funds to make the im- With that, I yield the floor. marvels, including innovative projects provements they need to ease conges- f that have allowed much needed fresh- tion and mitigate transportation water to flow to our communities. delays. It is good for America because RECESS These include the Hoover Dam, the it will help communities concentrate The PRESIDING OFFICER. Under Glen Canyon Dam, the Central Arizona on smart growth around transit hubs the previous order, the Senate stands Project, the Salt River Project and its that mirror my Livable Communities in recess until 2:15 p.m. keystone element, and the Theodore Act and my State’s Transit Village Thereupon, at 12:32 p.m., the Senate Roosevelt Dam. Program that will help make New Jer- recessed until 12:15 p.m. and reassem- Arizonans share the land with owls, sey attractive to businesses and a bled when called to order by the Pre- ocelots, and eagles, jaguars, lots of rat- model job creation hub. It can do that siding Officer (Mr. WEBB). tlesnakes, and falcons. Our landscape is foliated not just with agave and cacti for other communities throughout the f Nation. but with majestic aspen, fir, and spruce It is good because it is energy smart NOMINATION OF ADALBERTO JOSE and the largest Ponderosa pine forest and increases competitive funding for JORDAN TO BE UNITED STATES in the world. clean fuel transit vehicles to help agen- CIRCUIT JUDGE FOR THE ELEV- We are rich in natural resources. cies to switch from dirty, expensive ENTH CIRCUIT—Continued From an early age, all Arizonans learn about the State’s five Cs: copper, cat- fuels to cleaner, cheaper fuels. It not The PRESIDING OFFICER. The Sen- tle, cotton, citrus, and climate. only streamlines the process for Fed- ator from Arizona. eral approval of new transit projects, Copper. The mineral that attracted ARIZONA’S CENTENNIAL CELEBRATION but it will help upgrade older systems many Arizonans to our State in the by adding a new station or another Mr. KYL. Mr. President, I rise today first place has been used by American track or a bigger train car to increase to recognize an important milestone in Indians in tool and weaponmaking for capacity rather than having to build our Nation’s history. centuries. Today, Arizona produces new systems from scratch. On February 14, 1912, Arizona offi- more copper than every other State It also includes a provision estab- cially became the 48th member of these combined, and it is now being used to lishing a program to allow public 50 United States. I am proud to salute develop the alternative energy tech- transportation providers temporary my home State on this her centennial nologies and vehicles of tomorrow. flexibility during periods of high unem- celebration. Cattle. Along with sheep and hogs, ployment to use a limited portion of Yes, we were the last of the contig- the ranching of cattle is deeply im- their Federal funds for up to 2 years, uous 48 States to join, but we were cer- printed on our State’s cowboy culture provided they meet the established cri- tainly not the least of them. Today I and continues to help drive our econ- teria for operating expenses. would like to tell you just a little bit omy today. One last but perhaps most important about why I say that is so. Cotton. One of our most important thing the bill accomplishes is to pro- Arizona is not the largest or the old- cash crops at the turn of the last cen- vide for a strong Federal role in transit est member of the Union. It did not tury, cotton is still an important in- safety oversight by establishing a na- participate in the Revolutionary War. dustry in our State. This crop, includ- tional public transportation safety It does not border an ocean or one of ing our very own Pima long-staple va- plan to improve the safety of all public the Great Lakes. The Declaration of riety, is used to produce the clothing, transportation systems that receive Independence and the Constitution do fertilizer, fuel, and cooking oil used by Federal funding. not bear a single Arizonan signature. millions of Americans every day.

VerDate Mar 15 2010 05:22 Feb 15, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.016 S14FEPT1 jbell on DSK6SPTVN1PROD with SENATE S596 CONGRESSIONAL RECORD — SENATE February 14, 2012 Citrus. The harvesting of fruits such major party Presidential nominee, let thing different about Arizona, and I am as lemons and oranges is one of the im- alone two in our Barry Goldwater and proud of that difference. We are a spe- portant elements of Arizona’s agricul- JOHN MCCAIN. cial people with a distinctive place in tural industry, with a history that runs My friends on the other side of the the American mosaic. deep in our State. We now export about aisle will no doubt recall their very I offer my congratulations to our $40 million in fruits and preparations able Senate majority leader from Ari- Governor Jan Brewer, to my Arizona every year. zona, Ernest McFarland. They will also colleagues in the House and Senate, Climate. Arizona mornings are warm remember Representative Mo Udall and to my constituents throughout our and filled with sunshine, and our sun- and Senator Carl Hayden, who served State on this historic centennial anni- sets are the best anywhere. We may an amazing 57 years in Congress, 42 of versary. not always have a white Christmas, but them in this Chamber alone. To put I suggest the absence of a quorum. we do have a booming tourism industry that into perspective, that is longer The PRESIDING OFFICER. The that attracts nearly 37 million—we call than Arizona’s senior Senator and I clerk will call the roll. The legislative clerk proceeded to them snowbirds, conservationists, and have served in the Congress combined. call the roll. adventurers—every year. Our State has both nurtured and wel- Mr. MCCAIN. Mr. President, I ask These five Cs, along with the natural comed respected jurists such as Wil- treasures I mentioned earlier, are the unanimous consent that the order for liam Rehnquist and Sandra Day O’Con- the quorum call be rescinded. physical expression of our State motto: nor, world-renowned architects such as The PRESIDING OFFICER. Without ‘‘Ditat Deus’’ or ‘‘God Enriches.’’ Be- Frank Lloyd Wright, entertainers such objection, it is so ordered. cause of this, Arizonans are fiercely as Waylon Jennings, Linda Ronstadt, Mr. MCCAIN. Mr. President, I ask protective of the ecological riches that and Glen Campbell—even Stephenie unanimous consent to speak as in exist around them. Meyer, author of the Twilight series. morning business. We honor nature for its beauty, but Also, of course, I would be remiss if I The PRESIDING OFFICER. Without we also respect it for its power. I do neglected Steven Spielberg. He, too, objection, it is so ordered. not need to tell you about Arizona’s embraced Arizona’s adventurous, en- Mr. MCCAIN. Mr. President, it is my heat. Some of my colleagues in this trepreneurial spirit, turning his teen- distinct privilege to join with my be- Chamber are known to complain when age moviemaking hobby in Scottsdale loved friend JON KYL to speak in honor it reaches 80 degrees in Washington. and Phoenix into a multimillion-dollar of the centennial anniversary of Ari- Well, we Arizonans start to get warm Hollywood empire. Had he been raised zona statehood. One hundred years ago, when the mercury hits 120. It gets cold in another State, one without our Ari- on February 14, 1912, the State of Ari- at night too. In fact, Arizona can yield zona spirit, would the world have zona was officially admitted to the the Nation’s highest and lowest tem- known classics today such as ‘‘ET’’ and Union, effectively completing the con- peratures in the very same day. ‘‘Jaws’’? We may never know. tiguous lower 48 States. Americans There are forest fires. Last summer, One thing we do know is that Arizona today recognize Arizona as the thriving we saw the largest such fire in our his- also gave rise to the Navajo Code Talk- center of the Sunbelt, known for its tory, the Wallow megafire, burn more ers. It is a shame more Americans are ability to attract businesses, manufac- than 840 square miles of our treasured not aware of the talkers’ incredible turing, and tourists from around the landscape. But we have picked our- story. Their official Web site puts it world. The Valley of the Sun alone sup- selves up, and we are rebuilding—just this way: ports about 4 million people, and our like we always do. The lessons we have It is a great American story that is still State capital—Phoenix—is the Nation’s learned from the Wallow fire will help largely unknown—the story of a group of sixth largest city. us defend against similar megafires in young Navajo men who answered the call of Compared to its humble beginnings, the future. duty, who performed a service no one else Arizona has enjoyed tremendous Some of Arizona’s forebears were the could, and in the process became great war- growth and productivity, but this was prospectors and the ranchers who gave riors and patriots. Their unbreakable code not always so. Arizona’s history began up everything for a chance at a better saved thousands of lives and helped end over 10,000 years ago with the migra- World War II. life. Some were the adventurers and tion of early Native American tribes to cowboys who thrived on freedom and Their code, of course, was the Navajo the region. For centuries, the Anasazi, danger. Some of us can trace our his- language. Hohokam, and other peoples flourished tory directly back to the Spanish mis- Some of those young men were sim- in the forested highlands and Sonoran sionaries or to our longstanding dy- ple sheepherders on Arizona’s great Desert lowlands. Many of the Indian namic Hispanic community that has so Navajo reservation until our Nation tribes in Arizona today are the proud greatly influenced our distinctive cul- called them to serve. They did so with descendants of those ancient peoples. ture and cuisine. Many of us are direct honor. They became American heroes It was not until 1528, with the arrival descendants of the very first Arizo- in the process. Without them, we may of Spanish missionaries and conquis- nans—the 21 great American Indian never have achieved victory in the Pa- tadors in the towns of Tubac and Tuc- tribes who continue to teach us impor- cific theater, and I am proud to pay son, that the land and people were first tant lessons about working with rather tribute to these warriors today. Ari- reshaped. Spanish colonization eventu- than against the expansive natural zona honors them, and every American ally gave way to Mexican independence beauty and danger that surrounds us. owes the Code Talkers a debt of grati- in 1821. These are Arizona’s founding fathers. tude. In 1848 the Mexican-American War While each has influenced our State in These are just some of the many rea- concluded, with Mexico ceding much of a unique way, all share these common sons I am proud to call myself an Ari- Arizona to the United States. traits: a strong sense of independence zonian. I was not born in Arizona. I be- In 1853 President Franklin Pierce saw and a willingness to persevere against came one by choice, and it was one of an opportunity to build a trans- the odds. the most consequential decisions I ever continental railroad connecting the That is, I believe, one of the reasons made. I came as a young man to attend South with southern California and Arizona has such outsized national in- the University of Arizona. There I met purchased the remaining bottom half fluence compared to its relatively my wife Carol, and together we raised of the Arizona Territory from Mexico small size and population. Indeed, the two children, both of whom I am proud for $10 million—what today would be fierce wind of independence that rolls to say learned their five Cs from a very the equivalent of $244 million. It was across our desert landscape has pro- early age. I have not left Arizona since around this time that American pio- pelled not one but two of our leaders to my days at the University of Arizona, neers began to settle the towns of Pres- national political prominence in just nor do I think I ever would or could. cott, Flagstaff, picturesque Sedona and the past few decades. We may not have There is something about the beauty Yuma, the gateway to gold-rich Cali- had an Arizonan in the White House— that surrounds, the spirit that encom- fornia. yet—but there are few States that can passes, the Sun that paints the land- During the Civil War, Arizona be- boast a single 20th or 21st century scape every morning. There is some- came a short-lived strategic interest

VerDate Mar 15 2010 01:34 Feb 15, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.027 S14FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 14, 2012 CONGRESSIONAL RECORD — SENATE S597 for the Confederacy. The war’s west- dicted a rapid population growth, com- Storm underwent predeployment train- ern-most battle was fought in Arizona paring Phoenix to other major U.S. cit- ing at Yuma Marine Corps Station. Ar- at Picacho Peak, about 50 miles north ies. I would like to share some of his izona is also home to nearly 600,000 vet- of Tucson. It reportedly lasted 90 min- predictions. He wrote: erans, many of whom have returned to utes and involved about 25 solders. It will be the deserts that will support the their families and loved ones from Iraq In the years that followed, cattlemen majority of the new homes. Phoenix will and Afghanistan. and mining speculators flocked to de- have a population of about three million and More copper is mined in Arizona than velop Arizona’s natural resources in Tucson will grow to about one and one-half all of the other States combined, and towns such as Tombstone, Bisbee, million. Phoenix and Tucson will remain the the Morenci Mine is the largest copper Show Low, and St. John’s, the birth- two largest cities in the state, with Phoenix being either the fourth or sixth largest city producer in all of North America. place of our late and beloved Morris in the United States. The growth of Glen- Two of the country’s largest man- Udall. The boundaries of the State soon dale, Peoria and Avondale will parallel that made lakes are in Arizona, Lake Pow- began to take shape thanks to explor- of Phoenix proper, so that 50 years from now, ell and Lake Mead—the result of Hoo- ers such as John Wesley Powell, whose all of these cities will be contiguous with ver Dam—which supply drinking water famous 3-month expedition down the each other and with Phoenix, and will form to over 25 million people in Arizona, mighty Colorado charted the first a city complex not unlike the present city of Nevada, and California. Los Angeles. known passage through the Grand Can- Yuma, AZ, an agricultural power- Anyone who has flown into Phoenix yon. house, produces about 90 percent of the Sky Harbor International Airport can Efforts in Congress to pass statehood country’s winter vegetables. The let- see from the sky, day or night, the infi- began around the turn of the 20th cen- tuce in your salad this month almost nite grid-like layout of the metro tury. One proposal sought to combine certainly came from Arizona. Phoenix area. Senator Goldwater un- the territories of Arizona and New We operate the Palo Verde Nuclear derstood that this kind of development Mexico into one massive State. But Ar- Generating Station, located about 55 would fundamentally alter how Arizo- izona settlers would have none of it, miles west of Phoenix, which generates nans relate to the desert, writing: and it is unlikely that the people of more electricity than any other power- The man of 2012 would not be able to walk New Mexico were all too excited about plant in the Nation. the plan either. from his doorstep into this pastel paradise At the time, many outsiders did not with its saguaro, the mesquite, the leap of a It is home to three major State uni- fully appreciate Arizona’s untapped po- jackrabbit . . . or the smell of freshly wet versities: Arizona State University, the tential. They considered it nothing greasewood, because people will have trans- University of Arizona, and Northern gressed on the desert for homesites to ac- Arizona University, with an under- more than a desert wasteland, eco- commodate a population of slightly over 10 nomically desolate and virtually un- graduate and graduate population of million people. The forests will be protected, over 130,000. inhabitable. One of Arizona’s first ter- as well as our parks and monuments. But ritorial representatives, Henry even they will have as neighbors the people Arizona is a leader in manufacturing Ashurst, is known to have risen in Con- who today enjoy hardships to visit them. information, medical, and defense tech- gress to argue that ‘‘all that Arizona Despite the challenges of increased nologies. We are headquarters to TGen, needs to flourish is good people and demand on our natural resources, Sen- the Translational Genomics Research water,’’ to which an east cost Member ator Goldwater correctly believed that Institute, which conducts cutting-edge supposedly retorted, ‘‘You could say the State would mature into a modern, genetic research with the goal of cur- the same about hell.’’ industrious economy with global con- ing Alzheimer’s, autism, Parkinson’s, Arizonans eventually succeeded in nections. He said: and numerous forms of cancer. convincing Congress to grant state- Arizona’s principal economic growth will We support critical scientific endeav- hood. This was partially due to the be in the industrial field, with emphasis ors to discover our place in the uni- construction of the Theodore Roosevelt being on items of a technological nature. It verse: Arizona’s unique landscapes, Dam in 1903, as part of the Salt River will not be many years before industry will such as Meteor Crater and the Painted project in Phoenix, one of the Nation’s become an important part of the economies Desert, once played a key role in the first Federal reclamation projects. The of most Arizona cities, whereas today it is NASA Apollo training missions. The more or less confined to a few. Arizona will Roosevelt Dam channeled lifegiving world’s largest solar telescope is lo- continue to be the haven for people who seek cated at Kitt Peak National Observ- water from the Salt River into a series an outlet for initiative and a reward for of irrigation canals that overlay a work. The frontier challenges will exist then atory in Sells, AZ. The University of canal network dug by the Hohokam In- as they do today, for man’s progress never Arizona is actively involved in the dians more than 1,000 years prior. stops unless man stops it. Fortunately for Cassini, Mars Lander, and Mars Rover Fueled by irrigation water and hydro- our State, our men have always and will al- missions, as well as NASA’s Osiris-Rex electric power, the small community of ways want to go forward, not backward. mission, which will be the first space- Phoenix, which started as a cavalry So what is Arizona today? Arizona’s craft to land on an asteroid and return hay camp at Fort McDowell, began its open skies and fair climate offer the a sample to Earth. rise to national prominence. U.S. military an ideal training environ- It is also believed that the chimi- My predecessor in the Senate, the ment for our soldiers and high-tech changa has its origins in Arizona, al- late Senator Barry Goldwater, is combat systems. Luke Air Force Base though its exact hometown is still a among Arizona’s most celebrated outside of Phoenix will be home to the matter of vigorous historical debate statesmen, having served five terms in F–35 fighter jet, the most advanced among locals. this body. He was born in Phoenix fighter in the world. The U.S. Army In- I am immensely proud of Arizona’s when Arizona was still a territory and telligence Center is located at Fort rich history, and I am humbled to rep- witnessed remarkable changes to the Huachuca in southern Arizona, where resent a State that has earned a special Grand Canyon State throughout his UAV training serves a unique and irre- place in the American consciousness. lifetime. placeable national security mission. Even when I travel overseas, it is sel- The Smithsonian magazine recently Davis-Monthan Air Force Base near dom I meet an individual who doesn’t republished an op-ed Goldwater wrote Tucson, the Nation’s premier A–10 know where the Grand Canyon is or in 1962 called ‘‘Arizona’s Next Fifty Warthog base, hosts an array of special isn’t captivated by the tales of the Old years’’ where he imagines what Ari- operations aircraft and will hopefully West or doesn’t admire the rugged indi- zona would look like by 2012. Keep in continue to grow in support of our vidualism of Arizona’s frontiersmen. I mind that Arizona had barely 1 million military’s drone fleet. Across the high- cannot presume to exercise the kind of people living across the entire State in way, Arizonans in the Air National predictive abilities that Senator Gold- the 1960s. Modern air-conditioning Guard fly the newest F–16s to train for- water displayed in his article. All I can technology was relatively new, and the eign pilots from over 20 countries, and say is that Arizona’s future is perhaps 1,500 miles of interstate crisscrossing virtually every Marine Corps fixed- best prophesized by reflecting on our the State today was still on the draw- wing squadron that participated in Op- legacy—judging our achievements ing board. Yet Goldwater correctly pre- erations Desert Shield and Desert against our intrepid beginnings. For as

VerDate Mar 15 2010 01:34 Feb 15, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.029 S14FEPT1 jbell on DSK6SPTVN1PROD with SENATE S598 CONGRESSIONAL RECORD — SENATE February 14, 2012 long as Arizona stays true to the pio- trails of Saguaro National Park; been struck who Senator RUBIO also supports. He neer spirit, I believe her best days are mute by the awe-inspiring landscape of should have been confirmed 4 months yet to come. Monument Valley; and spent countless ago. He should have been confirmed If I might ask the indulgence to read happy hours following hidden paths in our last night after the overwhelming clo- wilderness areas. I’ve houseboated on Lake a short piece that I put in a forward to Powell. Many times, I’ve driven through the ture vote. Instead, obstruction need- a book by Lisa Schnebly Heidinger, desert in spring after a wet winter and felt lessly delayed the Senate acting to fill ‘‘Arizona: 100 Years Grand,’’ the offi- myself become emotional as I marveled at the emergency judicial vacancy on the cial book of Arizona’s Centennial: the profusion of vivid colors, the mesmer- Eleventh Circuit. Near the end of his life, Barry Goldwater izing beauty of desert wildflowers in bloom. Senator NELSON has worked hard for tried to describe to an interviewer his affec- We have a home between Cottonwood and this nomination, working to get Judge tion for Arizona. He started to identify some Sedona, to where my family escapes when- Jordan’s nomination cleared by every of the many natural wonders so beloved by ever we have the chance. It’s on a bend of Democratic Senator in October imme- Arizonans when he became emotional. ‘Ari- Oak Creek, surrounded by hills, a ghost diately after it was reported unani- zona,’ he proclaimed, ‘is 113,400 square miles ranch and Indian caves, adorned by fruit or- chards and roses, and shaded by tall cotton- mously by the Judiciary Committee. of heaven that God cut out.’ Fighting back We were ready to vote in October. We tears, and unable to continue at length, he woods and sycamores. So many species of managed only to add, ‘I love it so much.’ birds make their home there I have lost were ready to vote in November. We For much of my life I had been rootless. count of them. Common black hawks return were ready to vote before the end of My father was a naval officer and my child- annually to their nest in the sycamore be- the last session of Congress in Decem- hood was an itinerant one as we moved from neath which I drink my morning coffee and ber. It is hard to believe that it is now one base to another more times than I can give thanks for the blessing of living in such the middle of February, over 4 months enumerate. Following in his footsteps, I, too, natural splendor. I have never in my life after Judge Jordan’s nomination was made my home in the United States Navy, loved a place more. And when my public life is over, I will spend the remainder of my reported with the support of every and the only place I lived for more than a Democrat and every Republican on the year or two was an unexpectedly lengthy days there giving thanks, and enjoying the stay in a foreign country that would not let happiness of belonging to someplace so beau- Judiciary Committee, and the Senate me leave and would have preferred I had tiful, smaller and more intimate than a na- still has not voted to fill this judicial never come. tion that spans a continent. emergency vacancy affecting the peo- Except for that period of involuntary resi- The State of Arizona is approaching its ple of Florida, Georgia and Alabama. I centennial. A hundred years of audacious dence, I had always lived my life on the appreciate why Senator NELSON is frus- move, part of a tradition that compensated and difficult undertakings, of dreams won and lost and sought again, of progress and trated. I understand why Hispanics for me in other ways for the hometown it denied a Fair Judiciary and the Hispanic Na- me. I had no connection to one place; no safe struggle and resilience. It’s a rough and tum- ble history; colorful, heroic, bold and inspir- tional Bar Association are, too. harbor where I could rest without care. Let me refer to some of the reporting Landscapes and characters all passed too ing, like the character of the people who quickly to form the attachments of shared made it. You’ll see it celebrated appro- on this. One post begins: history and love that calm your heart when priately in this splendid book. And you’ll So, here’s the absurdity of our judicial con- age finally cages your restlessness. glimpse the future that today’s Arizonans, firmation process—the full Senate voted 89– I was nearly forty-five years old before I the dreamers and risk takers, lovers of free- 5 to invoke cloture, meaning that Judge Jor- could claim a hometown. My ambitions dom, captivated by the stunning landscapes dan’s nomination to the 11th Circuit would brought me to Arizona, and my work keeps and resilient, enterprising communities that finally come to a vote. But then Senator me away from here for more than half my have worked their magic on them, will build. NELSON said that one Senator is holding up time. But Arizona has given me a home, and It will be a future worthy of our prede- the merits vote by demanding 30 more hours in the thirty years that have passed since I cessors’ achievements and legacies; a future of ‘debate’ post-cloture. Senators LEAHY and moved here, it has worked its magic on me of adversity overcome and opportunities for BOXER both then commented how ridiculous and enchanted me and claimed me. all. We will change, as all places do. Others such a request was, but that’s the way it is. In those thirty years I’ve been to almost will come, as I once came, to make a new It looks like we’ll have [to] wait another 30 every community that Arizonans carved home or find the only home they ever really hours for Judge Jordan to move up to the from the wilderness and made thrive: places had in towns and cities and rural commu- 11th. Silliness in our Congress . . . . that have never stopped growing; and places nities that will be better for their presence The article in the South Florida Sun- where opportunities were exhausted and and contributions. They will face the chal- Sentinel reports: were abandoned to history; and places that lenges of their time and experience unex- pected setbacks but they will stick with it, South Florida lawyers praise him. Both of rose and declined and were re-imagined and Florida’s U.S. senators have recommended made to prosper again by the hard working, work harder, dream bigger and prevail. And a hundred years from now, their history, him. And the Senate Judiciary Committee self starting dreamers Arizona attracts in voted unanimously to approve his nomina- such large numbers. I’ve marveled at the re- character and accomplishments will inspire their fortunate descendents and the new- tion. sourcefulness and vision of generations of But U.S. District Judge Adalberto Jordan comers who will come here to live in beauty Arizonans in Yuma and Page, Jerome and of South Florida has been blocked for four Kingman, Bisbee and Flagstaff, who knew and make the most of their lives. We will change, but the values and beauty months from rising to the 11th Circuit Court success and failure, who struggled, achieved, of Appeals, the latest sign of a polarized and lost and struggled again to build from their we treasure will remain intact. Arizona is 113,400 square miles of heaven that God cut dysfunctional Senate. freedom and opportunities in the challenging A Senate filibuster that has kept Jordan out and Arizonans mean to keep it so. We and beautiful places that had won their waiting and the appellate court under- love it that much. hearts, strong, prospering and decent com- manned fizzled on Monday when the Senate munities. I yield the floor. voted 89–5 to move toward a final confirma- At the end of every election, I’ve stood on The PRESIDING OFFICER. The Sen- tion vote. the courthouse steps in Prescott, our old ter- ator from Connecticut. But Jordan is still waiting because one ritorial capital, and thought of the pio- (The remarks of Mr. LIEBERMAN, Ms. senator . . . objected to attempts to complete neering families whose names still resonate COLLINS, and Mr. ROCKEFELLER per- action on Monday . . . . in contemporary public affairs like Udall and taining to the introduction of S. 2105 I have not heard from any Repub- Goldwater. I look at the Bucky O’Neill are located in today’s RECORD under lican Senators objecting to this Judge monument, that memorial to the Rough Rid- explaining what they find wrong with ers of whom he was among the roughest and ‘‘Statements on Introduced Bills and bravest, and remember the names of Arizo- Joint Resolutions.’’) this highly-qualified Cuban American. nans, of every station and walk of life, who The PRESIDING OFFICER. The Sen- I am at a loss as to why Republican risked everything so that the freedom Arizo- ator from Vermont. Senators continue to delay a vote on nans cherish so dearly and make such good Mr. LEAHY. Mr. President, Repub- this outstanding nominee. This nomi- use of would be birthright of all; names like lican Senators delayed a final vote on nee is beyond reproach. This is another Frank Luke and Ira Hayes, Lori Piestewa the nomination of Judge Adalberto nomination battle that has nothing to and Pat Tillman. Jordan of Florida even though the Sen- do with the nominee and his qualifica- I’ve experienced every scene of spectacular ate voted 89–5 last night to end a Re- tions. This is another example of ob- beauty this blessed, bountiful, beautiful state possesses. I’ve hiked Canyon de Chelly, publican filibuster that has already struction based on a collateral objec- Chiricahua, and rim to rim in the greatest of prevented a vote for 4 months. This is tive. The people of Florida, Georgia our natural wonders, the Grand Canyon. I’ve a consensus nominee who Senator NEL- and Alabama should not be made to rafted down the Colorado. I’ve walked the SON has been strongly supporting and suffer a judicial emergency vacancy

VerDate Mar 15 2010 05:22 Feb 15, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.031 S14FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 14, 2012 CONGRESSIONAL RECORD — SENATE S599 when this highly-qualified nominee lican and every Democrat on the Judi- economic aid—did not even vote for the should be confirmed without further ciary Committee when we voted last Omnibus bill that contained the Leahy- delay. Nor did anyone come forward to October, although one Republican Graham certification requirement. For explain the Senate Republicans’ delay switched his vote last night to support him it is all or nothing, but the real for the last 4 months. Cloture has been the filibuster of Judge Jordan’s nomi- world is not so black and white. invoked by the Senate and the fili- nation. This is the nomination of a No one disagrees with the goals of buster will be ended. There was no good judge, Judge Jordan, who was con- the Paul Amendment. Its purpose is no reason to continue to hold up a vote firmed to the district court by a vote of different than the Leahy-Graham pro- that has already been delayed for 4 93 to one in 1999, even while Senate Re- vision in current law that has caused months. publicans were pocket filibustering the suspension of military aid. We are When I first became chairman of the more than 60 of President Clinton’s ju- all outraged by the crackdown against Judiciary Committee in 2001, I followed dicial nominees. the NGOs. We want the charges a time when Senate Republicans, who I regret that Republican Senators dropped and their property returned so had been in the majority, had pocket chose to delay a final vote on Judge they can resume their pro-democracy filibustered more than 60 of President Jordan’s confirmation. He is a fine man work. But the scope of the Paul Clinton’s judicial nominations, block- who, after emigrating from Havana, Amendment is so sweeping that it ing them with secret holds in back- Cuba at the age of 6 went on to grad- could backfire and make the situation rooms and cloakrooms, obstructing uate summa cum laude from the Uni- immeasurably worse: The amendment more with winks and nods, but with versity of Miami law school and clerk cuts off all U.S. aid to Egypt—current little to no public explanation or ac- for Justice Sandra Day O’Connor on and prior year—including hundreds of countability. I worked hard to change the U.S. Supreme Court. He served as millions of dollars in economic aid and that and to open up the process. I Federal prosecutor and Federal judge. funding for anti-terrorism and non- sought to bring daylight to the process The needless delay of Judge Jordan’s proliferation programs. Aid that sup- by making the consultation with home confirmation is an example of the ports the Government of Egypt’s abil- State Senators public so that the Sen- harmful tactics that have all but para- ity to interdict arms shipments to ate Republicans’ abuses during the lyzed the Senate confirmation process Gaza would be cut off. Clinton years would not be repeated. and are damaging our Federal courts. There is much at stake: the fate of When Senate Democrats opposed It should not take 4 months and re- the 19 American citizens facing crimi- some of President Bush’s most ideolog- quire a cloture motion to proceed to a nal charges in Egypt; Egypt’s contin- ical nominees, we did so openly, saying nomination such as that of Judge Jor- ued adherence to the Israeli-Egyptian why we opposed them. And when there dan to fill a judicial emergency va- Peace Agreement could be jeopardized; were consensus nominees—nominees cancy on the Eleventh Circuit. It over-flights for U.S. military aircraft; with the support of both Democrats should not take more months and more access to the Suez Canal; and the po- and Republicans—we moved them cloture motions before the Senate fi- tential for further crackdowns against quickly so they could begin serving the nally votes on the nearly 20 other su- Egyptian civil society organizations. American people. That is how we re- perbly-qualified judicial nominees who If the Administration were ignoring duced vacancies in the Presidential have been stalled by Senate Repub- the certification requirement in cur- election years of 2004 and 2008 to the licans for months while vacancies con- rent law I might vote for this amend- lowest levels in decades. That is how tinue to plague our Federal courts and ment, but they are not. In fact, the we confirmed 205 of President Bush’s delay justice for the American people. NGOs have repeatedly praised the Ad- judicial nominees in his first term. The American people need and deserve ministration’s efforts on their behalf. Now we see the reverse of how we Federal courts ready to serve them, They have applauded the new leverage treated President Bush’s nominees. not empty benches and long delays. provided by the Leahy-Graham condi- Senate Republicans do not move quick- f tions. Both the State Department and ly to consider consensus nominees, like the Pentagon are intensely focused on the 15 still on the Senate calendar that SURFACE TRANSPORTATION ACT trying to resolve this. General were reported unanimously last year Mr. LEAHY. Mr. President, I want to Dempsey was just in Egypt meeting and should have had a Senate vote last respond briefly to comments of the jun- with top military officials about it. year. Instead, as we are seeing today ior Senator from Kentucky earlier If, over the coming days or weeks the and have seen all too often, Senate Re- today regarding his amendment to cut situation continues to deteriorate, we publicans obstruct and delay even con- off all U.S. aid for Egypt. can revisit this. But I would urge the sensus nominees, leaving us 45 judicial First, let’s take a step back. The new junior Senator from Kentucky to with- nominees behind the pace we set for conditions on military aid for Egypt, draw his amendment until such time confirming President Bush’s judicial which I wrote with Senator LINDSEY and to refrain from obstructing other nominees. That is why vacancies re- GRAHAM and were signed into law just business of the Senate. Let us see how main so high, at 86, over 3 years into 2 months ago, require a certification by things play out. Hopefully cooler heads President Obama’s first term. Vacan- the Secretary of State that the Egyp- will prevail. The Egyptian military cies are nearly double what they were tian military is supporting the transi- will recognize that these NGOs were at this point in President Bush’s third tion to civilian government and pro- doing nothing more than supporting year. That is why half of all Ameri- tecting fundamental freedoms and due the transition to democracy in an ap- cans—nearly 160 million—live in cir- process. If the crisis involving the non- propriate and transparent manner, and cuits or districts with a judicial va- governmental organizations whose of- the Egyptian military will agree that cancy that could have a judge if Senate fices were raided and are now facing it is in Egypt’s best interest to pre- Republicans would only consent to criminal charges is not resolved satis- serve close relations with the United vote on judicial nominees that have factorily, there is no way the certifi- States. been favorably voted on by the Senate cation can be made and Egypt will not I see other Senators on the floor, so Judiciary Committee and have been on receive $1.3 billion in U.S. military aid. I yield the floor. the Senate executive calendar since But the Leahy-Graham conditions give The PRESIDING OFFICER (Mr. last year. the Administration flexibility to re- FRANKEN). The Senator from Alabama. This is an area where we should be spond to this crisis. If we take a leap THE BUDGET working for the American people, and into the lurch and adopt the Paul Mr. SESSIONS. Mr. President, this putting their needs first. This is a nom- Amendment, we risk causing a back- morning we had the Budget Committee ination that has the strong and com- lash and the opposite reaction of what hearing and the testimony of Mr. mitted support of the senior Senator we want. Zients, OMB Director, who works for from Florida, Senator NELSON, as well It is ironic that the junior Senator the President and prepared, under the as that of Senator RUBIO, Florida’s Re- from Kentucky, who is now insisting President’s direction, the budget they publican Senator. Judge Jordan had on a vote on his amendment to cut off submitted to Congress for the United the unanimous support of every Repub- all aid—not just military aid but also States for fiscal year 2013 beginning

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