S8680 CONGRESSIONAL RECORD — SENATE December 9, 2010 you. Good for you. You know what is The legislative clerk proceeded to ter friends in the Senate than DORGAN important, and you have steered Amer- call the roll. and REID. We were very close to him. ica toward a better future. Mr. REID. Mr. President, I ask unan- We admired our friend Tom Daschle I thank my colleagues. imous consent that the order for the and did everything we could to make (Applause, Senators rising.) quorum call be rescinded. his life here as pleasant as possible. Mr. DURBIN. I suggest the absence of The PRESIDING OFFICER. Without As far as being a good speaker, he is a quorum. objection, it is so ordered. very good. He has a unique way of com- The PRESIDING OFFICER. The municating that very few people I have f clerk will call the roll. known have had. He is someone who, as The legislative clerk proceeded to TRIBUTES TO RETIRING far as the finances of this country and call the roll. SENATORS the world, is without peer as a legis- Mr. CONRAD. I ask unanimous con- lator. He knows it all, and he has a way ROBERT BENNETT sent that the order for the quorum call of articulating his views that is unique Mr. REID. Mr. President, I am sorry be rescinded. and I think very powerful. So I am I was tied up in other matters today The PRESIDING OFFICER. Without going to miss BYRON DORGAN very and not able to hear speeches of some objection, it is so ordered. much. He is a wonderful human being. of our Senators who are departing. I Mr. CONRAD. Mr. President, we have I care a great deal about him. I have will have more to say at a later time. just heard from Senator DORGAN, an watched his son and daughter grow up. I did want to say on two of the Sen- extraordinary Senator and even more They are in college now. I remember ators, I watched some of their remarks. extraordinary as a friend. He has them when they were little kids. In Senator BENNETT from Utah is a very served in the Congress for 30 years. He fact, my son Key, who was a fine ath- dear friend of mine. We have traveled has served in public office in my State lete at the University of Virginia, when around as Members of the Senate, vis- for more than 40 years. It has been my he was playing on those national cham- iting places all over the world. His wife privilege to call him my best friend for pion soccer teams at the University of Joyce is an accomplished artist. She is 42 years. We just heard the remarkable Virginia, gave BYRON’s son Brendon a a flutist. She is well known here and in ability he has, a gift, to paint word pic- few soccer lessons. So I am grateful for Utah. Senator BENNETT is a very coura- tures that communicate with people, the friendship of Senator BENNETT and geous man. What a disappointment he that help us understand the con- Senator DORGAN. was not reelected. I am not usually giv- sequences of the actions we take here. JIM BUNNING ing speeches for my Republican col- In recent weeks, I have become very Senator BUNNING, I of course admire leagues, but it is a real loss to the interested in the universe and the vast- because of his great athletic skills. He country that Senator BENNETT will not ness of what surrounds us. One of the is a member of the Baseball Hall of return to the Senate. He is a very cou- things I have found most striking is Fame. To think I have had the oppor- rageous man. He represents the ideals that 1 light-year takes light 1 year, it tunity to serve in the Senate with one of the State of Utah. He is a very de- goes 5.8 trillion miles and the universe of the great pitchers of all time. I love vout member of his church. He is a per- is 12 to 15 billion light-years across. talking to JIM BUNNING about his base- son who calls his political issues the This is a vastness that is hard for us to ball days. Some of the stories he has way he sees them. His having been calculate. Scientists tell us it all start- told I have repeated many times and I criticized for supporting his President, ed with a big bang almost 14 billion will never forget them. One of the a Republican President, on the Toxic years ago. Now scientists are saying it things he said that I have repeated on Asset Relief Program is unfair. This may not just be one big bang but there a number of occasions—JIM BUNNING was one of the most important issues is a cycle that takes place over 1 tril- was a great pitcher, an All-Star with we faced in ages in this country, and I lion years that leads to repeated big no-hitters in both leagues. But he has think the proof is in the pudding. Of bangs. BYRON DORGAN has been a big some humility, because he said there the hundreds of billions of dollars—al- bang in the Senate. He has made a dif- was Sandy Koufax and there was the most $1 trillion—that were put out for ference here. He has made an enormous rest of us. He and I don’t vote often the that fund, all but $25 billion is paid difference in our home State of North same way, but he is a man who has a back and most of the economists say Dakota. He helped build a foundation strong opinion, and I am going to miss we will get more than that back from that has made North Dakota, today, JIM BUNNING and the ability for me to some of the things that were invested the most successful State in the coun- talk to him about his athletic feats. I in. try—the lowest unemployment, the certainly wish him well in whatever his I admire the public service of Sen- best financial situation, the fastest endeavors may be in the future. ator BENNETT. It has been outstanding. economic growth. BYRON DORGAN f helped build a foundation that has It meets the accomplishments of his fa- transformed our State. We are forever ther who also served very well in the NATIONAL DEFENSE AUTHORIZA- in his debt. U.S. Senate. I am going to miss him a TION ACT FOR FISCAL YEAR As his friend and colleague, we are great deal. What a wonderful human 2011—MOTION TO PROCEED—Re- forever grateful to the contributions he being. He is an author. He has in the sumed has made to North Dakota and to the past been a very successful business- Mr. REID. Mr. President, discrimina- Nation. man, and I think one of the most ac- tion has never served America very I thank the Chair and yield the floor. complished legislators I have had the well. When it applies to those who The PRESIDING OFFICER. The Sen- pleasure to deal with. serve America in the Armed Forces, it ator from Virginia. BYRON DORGAN is both disgraceful and counter- Mr. WARNER. Mr. President, I asso- BYRON DORGAN from North Dakota is productive. ciate myself with the remarks of the such a fine person. He for many years The theory behind don’t ask, don’t Senator from North Dakota and add has had the same job I had under Sen- tell is a thing that happened way in the my voice as well to celebrate Senator ator Daschle, the head of the Demo- past. The theory behind this should be DORGAN’s tenure in the Senate. I wish cratic Policy Committee, and he ren- a thing of the past, and we should put he was going to stay. He has been dered valuable service to the caucus, to the policy behind us. It is obsolete, it is someone about getting things done. As the Senate, and the whole country in embarrassing, and it weakens our mili- somebody who has sat in the presiding his capacity there. We served together tary and offends the very values we ask chair a number of times, I have heard in the House of Representatives. We our troops to defend. We need to match Senator DORGAN. Even when I don’t have traveled together. His wife Kim is our policy with our principle and fi- fully agree with him, no one is more such a fine human being. I am going to nally say that in the United States, ev- persuasive in arguing his case. miss BYRON. He is and has been one of eryone who steps up to serve our coun- I suggest the absence of a quorum. my close advisers, close friends. I hope try should be welcomed. That is the The PRESIDING OFFICER. The I am not being boastful here, but I only argument that is right and it clerk will call the roll. don’t think Tom Daschle had two bet- should be enough.

VerDate Mar 15 2010 02:47 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09DE0.REC S09DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 9, 2010 CONGRESSIONAL RECORD — SENATE S8681 That is not the only reason we should Let me be clear: Failure to pass this a few of them—don’t want to vote on repeal it. Repealing it will make our bill means our troops will lose these repealing don’t ask, don’t tell. They military stronger. It doesn’t make benefits. are all doing what they can to stand in America safer to discharge troops with The chairman of the Armed Services the way of the bill. They want to block critically needed skills, and that is ex- Committee was on the floor today say- a vote on this issue at all costs, even if actly what has happened. This policy is ing if we don’t do it today, we can’t do it means we do not pass the Defense responsible for the discharge of about it. In fact, everyone knows they have authorization bill for the first time in 14,000 highly qualified service men and stalled this so long, they have stalled 48 years, even if it means our troops women—people whom we have spent this so long that meeting cloture—the don’t get the funding and protections millions of dollars training—and we average time for a conference com- they need. never will know how many wanted to mittee on this bill is 70 days—70 days; What we have gone through to try to sign up but stayed away because of not 7, 70 days. get this bill on the floor reminds me of don’t ask, don’t tell. It doesn’t make us The bill also contains provisions that a story—it is not a story; it is an expe- stronger to limit military readiness of would expand health care for troops rience I had as a boy. I don’t know how an all-volunteer force. Don’t ask, don’t and their families and significantly en- old I was. Let’s say I was about 11. As tell doesn’t help morale; it hurts mo- hance mental health care for service- everyone knows now, I was born in a rale. members returning from Iraq and Af- little town on the southeastern tip of The other side may feel passionately ghanistan. It would fund critical troop Nevada. I never traveled anyplace. I that our military should sanction dis- protection needs such as MRAPs and was a teenager before I went to Nee- crimination based on sexual orienta- up-armored humvees, which are des- dles, CA, which was about 50 miles tion, but they are clearly in the minor- perately needed on the battlefield. It from Searchlight. ity and they have run out of excuses. would support critical missions in Af- My brother, 10 years older than I, got The Chairman of the Joint Chiefs of ghanistan, including expanding intel- out of high school and got a job in Ash Staff supports repealing it. So does the ligence collection efforts, disrupting Fork, AZ, working for Standard sta- Secretary of Defense. The vast major- Taliban finances, and building the Af- tions. It was a big deal that he was ity of the military say that it would ghan National Army so that Afghani- going to take his little brother there to not oppose repeal. The majority of stan can take responsibility for its own spend a week. I was excited. It was Americans support repealing it too. security. These are not minor or unim- wonderful. Ash Fork was quite a ways There is simply no evidence and no jus- portant issues. These are life-and-death from Searchlight—a couple hundred tification—legal, military, or other- matters for real Americans risking miles. But the reason I am telling you wise—for keeping this policy in place. their lives for us, for our defense. We this story is that my brother was busy There is no reason to keep America’s ask our troops to trust us and fight for after work with his girlfriend—more so citizens from fighting for a country us and be brave enough to stand in the than with his little brother—so he they love because of whom they love. line of fire. When we send our troops palmed me off a lot of the time on his The next Speaker of the House has into battle, we do so because we believe girlfriend’s brother, who was a little asked why we would get into this de- strongly that we stand on the right bit older than I. There wasn’t a thing bate. He said, Why should we get into side of history. We have to believe in the world her little brother could do this debate during a time of two wars that, because we know the con- as well as I could. In all the games we and ongoing security concerns? I think sequences of war and the terrible bur- would play, do you know something? I wartime is exactly the right time to do dens it carries. never won a single game. Why? Because everything we can to strengthen our Not far from here—I hope the Pre- he kept changing the rules during the military. It couldn’t be a better time. siding Officer has the opportunity to game. It didn’t matter what the game What opponents of don’t ask, don’t see this during his tenure here in the was, he kept changing the rules. So I tell don’t want to ask is what this pol- Senate—is the Congressional Ceme- was always the loser. icy tells us about equality between our tery. It is worth going and seeing. It is Well, that is what is happening here principle and our practice. We can no 2 miles southeast of where we stand on this bill. It doesn’t matter what I longer ask our troops to die for a flag right now on the banks of the Ana- do; before we get to the end of it, they that represents justice and ask them to costia River. It is a final resting place change the rules again. How about four be false to themselves while they do it. of veterans of every war this Nation amendments—two on each side? No. The other side knows it doesn’t have has ever fought. It is not Arlington. It Anyway, we have gone through all the votes to take this repeal out of the is the Congressional Cemetery. It is these different iterations and every- Defense Authorization Act, so they also where 19 U.S. Senators, more than thing. No, we can’t do it. have been holding up this bill for a 70 Congressmen, a former Speaker of I have already tried to bring this bill long time—for months. And the lat- the House, and a former Vice President to the floor twice this year. In fact, I est—the Chair certainly has known are buried. One tombstone there be- offered to bring it up this summer, about it—is a letter from 42 Senators longs to an Air Force sergeant who with no restrictions, but the Repub- in a further effort to stall this legisla- fought in Vietnam. He became famous licans refused this request. It is just tion, saying we have to finish the tax shortly after that war ended when he like I talked about my trip to Ash bill and we have to finish the spending tried to be in the military and out of Fork, AZ, where I could not win be- bill before you can do anything of a the closet at the same time. cause the rules kept being changed— legislative nature. What kind of sense He lost that fight. His tombstone at because my friends on the other side of is that, when we are so crammed with Congressional Cemetery reads as fol- the aisle blocked both of these at- things to do? With all the things we lows: tempts. Now we are trying to get this have to do, why would they do that, When I was in the military, they gave me bill done in a lameduck session when other than simply trying to avoid it, a medal for killing two men and a discharge everybody knows we have so much to and they have been doing it for a long for loving one. do and we don’t have time for unlim- time. We tried every possible way to America is better than that. When it ited debate. Some of the requests have move forward. When they refuse to de- comes to equality in the military, we been really unusual. Seven days of de- bate it, they also hold up the other know which side is the right side of bate. Think about that. Seven days of good and important, urgently needed history. The only question is whether debate in a lameduck session. I have parts of the bill. It is not only don’t we are brave enough to stand there. tried my best to find a way forward ask, don’t tell. In a few moments, I will move to re- that would ensure a fair and reasonable The bill before us contains an across- consider the motion to proceed to this opportunity for colleagues on the other the-board pay raise for all of the mem- bill. This legislation is critical for our side to offer and vote on amendments. bers of the military. More than that, troops, and it is unconscionable to Over the last 20 years, we have had we authorized over 35 different bonuses leave here without passing it. I bent rollcall votes on an average of 12 and special pay incentives that our over backward to find a way to get this amendments during consideration of troops depend on to make ends meet. bill done. It is clear that Republicans— the Defense authorization bill. So in an

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I want to make all I have worked on in the last few Democrats don’t like that, but we sure, since this is an important bill and weeks has been with the overhanging would do it—with ample time for de- an important issue, that I understand problem of not—42 Republicans, in a bate on each amendment, but we never precisely what it is the majority leader letter, have said: You are not going to can get enough time. We started out is proposing. So I ask through the do anything legislatively. Mr. Presi- with an hour, but that is not enough. Chair whether the majority leader is dent, they have proved that they are My colleagues on this side of the aisle proposing a procedure where there not allowing us to do anything legisla- are demanding even more time—time would be no amendments and the tree tively. Certainly, this is a legislative they know is not available. There are would be filled or whether the majority matter. not enough days in this calendar year leader is proposing an agreement that I think I have been as clear as I can to do what the minority is asking, and he and I and Senator LIEBERMAN dis- be. I, of course, would be willing to they know this. They want the tax and cussed yesterday, which would have al- work on the amendment process with the spending bills done first, as we lowed for 15 amendments, 10 on the Re- my friend. But as far as agreeing to have talked about. At the same time publican side and 5 on the Democratic something right now, I cannot do that. they say we need to wait, they say they side. Again, if the majority leader ex- Ms. COLLINS. Mr. President, it seems evident to me that, unfortu- need as much time as possible to con- plained this and I missed it, I apolo- nately, the majority leader is not pur- sider the bill. It is impossible to do gize. I received conflicting information suing the path we discussed, or at least both. It is illogical and unreasonable. about how the majority leader intends that is my interpretation of what he is It is quite clear that they are trying to to proceed on this important bill. I note that we have been in quorum saying. I think that is so unfortunate. run out the clock. Senator LEVIN said I want to vote to proceed to this bill. calls for hours during which we could here this morning that they probably I was the first Republican to announce have proceeded to the tax bill and would have done it anyway. That is too my support for the carefully con- bad. started working on it, and we could be structed language in the Armed Serv- I want to be clear that my remarks working this weekend as well. ices Committee that would repeal don’t But I would very much appreciate should in no way be taken as a criti- ask, don’t tell. But that is not all that hearing from the majority leader ex- cism of my colleague from Maine, Sen- is in this bill. This is an enormously actly what his intent is. ator COLLINS. Quite the contrary. She important bill to our troops in Afghan- Mr. REID. Mr. President, I hope my has tried. I have respect for her, and I istan and Iraq. It authorizes a pay raise friend heard the nice things I said have worked with her as the only Re- that is important to my home State. It about her in my statement. publican on a number of occasions— is a vitally important bill. and two or three others on occasion— Ms. COLLINS. Unfortunately, I I just do not understand why we can’t to try to move forward on many of the missed those as well. proceed along a path that will bring us Mr. REID. They were pretty good. I Nation’s top priorities. I believe she to success and that will allow us to get want to be very candid with my friend. has been doing her very best. But for the 60 votes to proceed, which I am In an effort to do the things the Sen- her I would not have been able to get willing to be one of those 60 votes. I any of these arrangements that they ator from Maine and I talked about thought we were extremely close to turned down. At the same time, mem- with Senator LIEBERMAN on a number getting a reasonable agreement yester- bers of her caucus are working equally of occasions, including yesterday and day that would allow us to proceed. I as hard to defeat this measure at all the day before, all of those require fill- was even willing to consider a proposal costs. ing the tree, every one of them. That is by the majority leader that we would In my effort to get this done, I don’t just the way it is. The only way we can start the DOD bill and then go to the know how I could have been more rea- have some control over amendments is tax bill, finish the tax bill, and then re- sonable. Despite the critical impor- to do it that way. turn to finish the DOD bill. I think tance for our troops, for our Nation, The answer to my friend’s question— there is such a clear path for us to be and for justice that we get this bill would I fill the tree—the answer is yes. able to get this bill done, and I am per- done, we have not been able to reach an Ms. COLLINS. Mr. President, if I plexed and frustrated that this impor- agreement. I regret that our troops could pose a further question to the tant bill is going to become a victim of will pay the price for our inability. majority leader through the Chair, I politics. We should be able to do better. I now move to reconsider the vote understand what the majority leader is Senator LIEBERMAN and I have been that has previously been made on this saying, but as he discussed his plan bargaining in good faith with the ma- matter. with me, he would, in fact, allow 15 jority leader. He, too, has been creative The PRESIDING OFFICER. The Sen- amendments—10 to be offered on the in his approaches. ator from Maine is recognized. Republican side that would be amend- So I just want to say that I am per- Ms. COLLINS. Mr. President—— ments of the Republican side’s choice plexed as to what has happened and Mr. REID. It is nondebatable. Mr. as long as they were relevant to the why we are not going forward in a con- President, I ask unanimous consent bill—and he would ensure that there structive way that would lead to suc- that the motion to proceed to the mo- would be votes on those amendments. cess. tion to reconsider the vote by which So I am confused when I hear he is Mr. REID. Mr. President, as I stated cloture was not invoked on the motion going to fill the tree because that im- in my remarks earlier, this is not any to proceed to S. 3454 be agreed to, the plies to me that he would not be allow- kind of a legislative wrangle I am hav- motion to reconsider be agreed to, and ing those 15 amendments we dis- ing with my friend from Maine. She the Senate now vote on the motion to cussed—10 on our side, of our choice, as has been the only person I could talk invoke cloture on the motion to pro- long as they were relevant to the bill. to about this legislation. I appreciate ceed to S. 3454, upon reconsideration. So I am truly trying to find out what her time and efforts. But the only way The PRESIDING OFFICER. Is there the agreement is. we can do this—and we do it all the objection? The Senator from Maine is Mr. REID. The agreement is that I time—is I fill the tree and we will try recognized. have made a number of different offers to work through the amendments with Ms. COLLINS. Mr. President, I ob- and have made other suggestions. In di- some agreement after that is done. ject. rect answer to the Senator’s question, This has been taking months to do— The PRESIDING OFFICER. Objec- we have to fill the tree, of course. We months. The time has come, as Senator tion is heard. have to work through the amendments. LEVIN said, to stop playing around. Ms. COLLINS. Mr. President, if I I tried to come up with some agree- Mr. President, I simply make the fol- could ask the majority leader a ques- ment on amendments and time and lowing request: I ask upon reconsider- tion through the Chair. what some of the amendments would ation, cloture is invoked—the reason I

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Then the Sen- nays 40, as follows: We just saw another example of this. ate can proceed to the bill and would [Rollcall Vote No. 270 Leg.] We cannot even get a yes-or-no vote on be able to enter into an orderly process YEAS—57 Defense authorization at a time when for consideration of the bill, allowing Akaka Feinstein Murray our Nation is in two wars. We cannot different amendments. We have already Baucus Franken Nelson (NE) get a yes-or-no vote; we get a maybe. been through that. There is no need to Bayh Gillibrand Nelson (FL) I find it frustrating. Over and over we go through that number. But we have Begich Hagan Pryor have done it today. People are prepared Bennet Harkin Reed talked about 15—5 from us, the Demo- Bingaman Inouye Reid to vote yes or no, but the other side crats. Boxer Johnson Rockefeller says, no; it is easier to vote maybe. So I make my request. I ask unani- Brown (OH) Kerry Sanders Then you never have to explain any- mous consent that the motion to pro- Cantwell Klobuchar Schumer thing. Cardin Kohl Shaheen ceed to the motion to reconsider the Carper Landrieu Specter We all know what has happened in vote by which cloture was not invoked Casey Lautenberg Stabenow the Deepwater Horizon BP spill. A on the motion to proceed to S. 3454 be Collins Leahy Tester number of brave families’ members Conrad Levin Udall (CO) agreed to, the motion to reconsider be Coons Lieberman Udall (NM) were lost. I would note for the sake of agreed to, and the Senate now vote on Dodd McCaskill Warner the Senate, if they had been building the motion to invoke cloture on the Dorgan Menendez Webb the Deepwater Horizon drilling plat- motion to proceed to S. 3454, upon re- Durbin Merkley Whitehouse form, and they were assembling it on Feingold Mikulski Wyden consideration. land and something was negligently I suggest the absence of a quorum. NAYS—40 done and someone lost their life, they The PRESIDING OFFICER. The Alexander Enzi McCain could recover for the value of the life. clerk will call the roll. Barrasso Graham McConnell Because of a quirk in the law, because Bennett Grassley The assistant legislative clerk pro- Murkowski it happened at sea, even though it may ceeded to call the roll. Bond Gregg Risch Brown (MA) Hatch have been caused by the same thing, Mr. REID. Mr. President, I ask unan- Roberts Bunning Hutchison Sessions these people—their lives are almost imous consent that the order for the Burr Inhofe Shelby valueless. There is a way to fix them. quorum call be rescinded. Chambliss Isakson Snowe Coburn Johanns We have drawn, after months of nego- The PRESIDING OFFICER. Without Thune Cochran Kirk Vitter tiation, a very tightly put together objection, it is so ordered. Corker Kyl Voinovich piece of legislation that will only af- Mr. REID. Mr. President, did the Crapo LeMieux Chair rule on my request? DeMint Lugar Wicker fect the families of the 11 hard-working The PRESIDING OFFICER. Is there Ensign Manchin men who died when the Deepwater Ho- objection to the request? NOT VOTING—3 rizon was destroyed. I am going to Hearing no objection, it is so ordered. make this so we can vote yes or no and Brownback Cornyn Lincoln CLOTURE MOTION not maybe. The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. On this I ask unanimous consent that the ture motion having been presented vote the yeas are 57, the nays are 40. Senate Committee on Commerce, under rule XXII, the Chair directs the Three-fifths of the Senators duly cho- Science and Transportation be dis- clerk to read the motion. sen and sworn not having voted in the charged from further consideration of The assistant legislative clerk read affirmative, the motion is rejected. the Survivors Equality Act, S. 3463; as follows: VOTE EXPLANATION that the Senate proceed to its imme- CLOTURE MOTION Mrs. LINCOLN. Madam President, I diate consideration; the Rockefeller- We, the undersigned Senators, in accord- wish to note that on the last vote, vote Leahy amendment that is at the desk ance with the provisions of rule XXII of the No. 270, due to circumstances way be- be adopted; the bill, as amended, then Standing Rules of the Senate, hereby move yond my control, I was unable to be be read a third time and passed; the to bring to a close debate on the motion to here and wish to be recorded or consid- motions to reconsider be laid upon the proceed to Calendar No. 414, S. 3454, the Na- tional Defense Authorization Act for Fiscal ered as having voted on the reconsider- table; and all statements and the text Year 2011. ation of the motion to proceed to S. of the amendment that has been Harry Reid, Carl Levin, Tom Udall, Jack 3454. I wish to be considered—I wish to hotlined for more than a week be print- Reed, Barbara A. Mikulski, Jon Tester, have been recorded as voting ‘‘yes.’’ ed in the RECORD. Al Franken, Richard J. Durbin, Byron Apparently, I cannot be recorded, and The PRESIDING OFFICER. Is there L. Dorgan, Jeanne Shaheen, Frank R. I understand that. I just wanted to objection? Lautenberg, Sheldon Whitehouse, Ben- make note that had I been here I would Mr. DEMINT. Reserving the right to jamin L. Cardin, Roland W. Burris, Jim have voted ‘‘yes.’’ object, this is a nation of laws not of Webb, Daniel K. Akaka, Bill Nelson. The PRESIDING OFFICER. The men. It destroys that whole foundation The PRESIDING OFFICER. The RECORD will so note. of our legal system when we make ret- question is, Is it the sense of the Sen- Mrs. LINCOLN. Great. Thank you, roactive law. This bill has not been ate that debate on the motion to pro- Madam President. vetted properly by a committee. Again, ceed to S. 3454, the Department of De- I yield the floor. it undermines our whole system of the fense authorization bill, shall be The PRESIDING OFFICER. The Sen- rule of law. So I am compelled to ob- brought to a close? The yeas and nays are mandatory ator from Vermont. ject. under the rule. f The PRESIDING OFFICER. Objec- The clerk will call the roll. tion is heard. UNANIMOUS CONSENT REQUEST— The Senator from Vermont. The assistant legislative clerk called S. 3463 the roll. Mr. LEAHY. Madam President, of Mr. DURBIN. I announce that the Mr. LEAHY. Madam President, I course, this bill has been given an enor- Senator from Arkansas (Mrs. LINCOLN) have alerted the other side I am about mous amount of scrutiny by both Re- is necessarily absent. to make a unanimous consent request publicans and Democrats. Six months Mr. KYL. The following Senators are on an important piece of legislation. ago, I introduced the Survivors Equal- necessarily absent: the Senator from Unfortunately, in the last couple of ity Act, S. 3463, with Senator DURBIN Kansas (Mr. BROWNBACK) and the Sen- years we have gotten into this habit of: and Senator WHITEHOUSE, to help the ator from Texas (Mr. CORNYN). Nobody wants to vote yes or no, they families of those who die on the high Further, if present and voting, the want to vote maybe. It is easier to seas. In fact, the day of the hearing, we Senator from Texas (Mr. CORNYN) block things from even being consid- had Michelle Jones, pictured here, in would have voted ‘‘nay.’’ ered. our mind when we held that hearing.

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