[Congressional Record (Bound Edition), Volume 158 (2012), Part 13]
[Senate]
[Pages 18035-18053]
[From the U.S. Government Publishing Office, www.gpo.gov]




           DEPARTMENT OF DEFENSE APPROPRIATIONS ACT Continued

  The PRESIDING OFFICER. The Senator from Alabama.


                      Remembering Daniel K. Inouye

  Mr. SHELBY. Mr. President, earlier today a lot of us, Members of the 
Senate, joined the family and friends of our great colleague who passed 
away earlier in the week, as they brought his body into the U.S. 
Capitol. I rise here this afternoon to extend some of the tributes that 
we have made to the memory and to the life of Senator Inouye.
  For the past 26 years I was privileged to serve alongside Senator 
Inouye in this Chamber. I came to know him as a wise counselor, a 
skilled legislator, a formidable negotiator, and a trusted friend. His 
unassailable reputation as an American hero, however, had been forged 
long before any of us here ever met him.
  Senator Inouye did not demand respect. He commanded it. The reasons 
for this are many. In 1941, he witnessed firsthand the horror at Pearl 
Harbor. As a Red Cross volunteer, he cared for his fellow citizens 
injured in the attack. Not long thereafter, he joined the 442nd 
Regimental Combat Team. He was determined to serve his country despite 
the fact that he, like all Japanese-Americans, had been deemed an 
``enemy alien'' when the U.S. declared war on Japan.
  As a young military officer in 1945, Daniel Inouye led his unit in a 
successful attack against a Nazi fortification in northern Italy. The 
valor, courage, selflessness, and determination he displayed during the 
battle are the stuff of legend, and would later earn him the Medal of 
Honor. During this attack he sustained serious permanent injuries that 
served as constant reminders of his sacrifice for our country.
  Senator Daniel Inouye began his political career as a member of 
Hawaii's Territorial House of Representatives in 1954. Almost 
immediately, his colleagues tapped him as the majority leader of that 
body. His tremendous leadership ability was already apparent. He then 
ascended to the Territorial Senate in 1958, and became Hawaii's first 
U.S. Congressman upon the granting of statehood in 1959. Only 3 years 
later, Daniel Inouye became a U.S. Senator. He was elected to a 
staggering 9 consecutive terms, continuing to serve until his passing. 
It is a testament to his effectiveness as a Senator and his devotion to 
his State that no challenger ever mounted a serious threat for his 
seat.
  Through his hard work in the U.S. Senate, Senator Inouye helped to 
ensure that Hawaii's economy and people prospered. As a member, and 
later chairman, of the Appropriations Committee, Senator Inouye 
skillfully secured myriad infrastructure, natural resource, cultural, 
job training, and agriculture projects for his State. As a member of 
the Appropriations Committee I learned valuable lessons by observing 
Senator Inouye over the years. He understood the art of the deal, 
always operating out of mutual respect toward shared interests. And I 
can not recall a time when he did not deliver for the people of Hawaii. 
While he never lost focus on the interests of his State, he also 
maintained eternal vigilance on matters of national security. As a war 
hero, his attention to veteran affairs and military needs was 
unsurpassed.
  In addition, Senator Inouye served as the first chairman of the 
Select Committee on Intelligence. As a former Chairman of this 
committee, I was honored to carry forward the rigorous oversight 
example he set. By the time his career ended, Senator Inouye had become 
the second longest serving senator in U.S. history.
  His list of accomplishments and honors is seemingly unending. In 
fact, it is among the most impressive compiled by any who ever set foot 
in this Chamber.
  Senator Inouye never talked about any of this. He was not brash or 
boastful or domineering. Rather, he carried himself with quiet reserve 
and firm resolve.
  Senator Inouye's life story speaks for itself and demonstrates a 
faith in and devotion to our country second to none. He was one of the 
most decent and inspiring people I have ever known. I am proud to have 
served with this great man and to have called him a friend. I offer my 
deepest condolences to his wife and family during this difficult time.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. MORAN. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MORAN. I ask unanimous consent I may speak on the Senate floor as 
in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          Senate Rules Changes

  Mr. MORAN. Mr. President, the Senate, of which I am a new Member, was 
at one time called the world's greatest deliberative body. Its rules 
have remained largely unchanged since the origin of the Senate. This 
Chamber's distinguishing attribute has undoubtedly been its right of 
unlimited debate and

[[Page 18036]]

its greatest protections are the rules put in place to defend that 
right of debate.
  I am worried about the talk now of destroying any Senator's ability 
to filibuster, to delay consideration of a bill, because it is a 
fundamental right of all Senators to express their opposition to 
legislation even when that Senator stands alone--when you are the only 
one who opposes that legislation. This is an important right, 
protecting a Senator's right to object and a Senator's right to 
represent his or her own constituency.
  Something tells me the desire to curb this unlimited debate of the 
Senate doesn't really come from a failure of the Senate's rules but, 
rather, a desire by some to see that an agenda can be pushed through by 
ignoring that minority right, by overriding the objections of an 
individual Senator on behalf of his or her constituents.
  The rules of the Senate should not be targeted for change until we 
look at what the problems are in the way we conduct our business 
currently. For so long--again, I have only been here 2 years, but for 
the 2 years I have been here, it seems to me that often the majority 
has obstructed the ideal of unlimited debate and put undue stress on 
the rules of our Chamber. The practice of the majority party has 
prevented me and my colleagues from contributing to the legislative 
process in several ways. Rather than encourage debate and compromise by 
welcoming amendments, often, as we say here, ``the tree has been 
filled,'' or, in the way we would say it in Kansas, we fill up the 
opportunity for amendments with certain amendments that then preclude 
other amendments being considered, that being the amendments of the 
rest of us.
  In addition to that, the majority leader has filed cloture more than 
100 times on the very day the measure was first raised on the Senate 
floor, which basically ends debate on that day.
  We get compromise whenever everyone, the majority and minority, have 
the opportunity to present their points of view. Then we sit down and 
try to figure out the difference, how we can make things work among 
ourselves. We have seen rule XIV used to bypass committee work nearly 
70 times in the last 6 years.
  I am honored to serve on a long list of committees in the Senate and 
I attend many committee meetings and we hold hearings. We listen to our 
constituents, we listen to the experts, and we try to reach a 
conclusion as to what is best in a piece of legislation. When that 
process is bypassed, we lose that opportunity to gain from that 
insight.
  In so many instances the committee process is bypassed. I am a member 
of the Senate Appropriations Committee, with the example of our 
inability to have appropriations bills and no budget. I am a member of 
the Banking Committee on which we have lots of hearings but very few 
markups. I think it undermines the ability for each of us to do our 
jobs on behalf of America.
  I think we have been forced away from what is most valuable here--
discussions. Not that any of us gets our own way. That is not the 
nature of this place. It is not the nature of America. But we each have 
our own voice, and by being able to express ourselves we have the 
opportunity to flesh out the best ideas and ultimately to require 
people to come together and reach an agreement--that word that 
sometimes is not said often enough--compromise.
  I recognize this as a Member of the Senate representing the State of 
Kansas. I consider my State often in the minority. We are very rural. 
The issues we care about are different than those of places in the rest 
of the country. I represent a small population and many of my 
colleagues represent large urban areas with large populations. In the 
absence of rules protecting me as a Senator representing a minority, I 
think my ability to represent that minority is diminished. I recognize 
that I do not always have the right answer to every question. I have 
great respect for everyone's opinion. I was never ordained by God to 
have all the answers to every problem, but I think we find answers by 
having respect and listening to others, and to sort out what we think 
is the best of our ideas and the best of other ideas to see that good 
things happen on behalf of America.
  We need to make certain that Republicans and Democrats have the 
opportunity to defend their opinions and then come together. We need to 
make certain the legislative process works in the committee and we need 
to make certain that we are not precluded from standing here, day after 
day, in opposition to legislation that we believe is bad for America. 
It is the Senate that has the opportunity to keep bad things from 
happening.
  Again, I worry that as a result of the lack of function of the Senate 
over the last years that we are going to make dramatic changes in the 
rules that change the nature of this body, who we are and what we can 
accomplish, what our purpose is.
  We need to work together, no doubt about it, but the idea of changing 
the rules, in my view, diminishes the need to do so. Our constituents 
expect us to represent them and their best interests and that means 
that we have the right--the necessity--of participating in the 
legislative process. I owe that to Kansas. I owe them nothing less. 
Without the right to use the filibuster to stop consideration of a bill 
until all ideas, all issues are heard, we risk the loss of that 
dissenting voice for a minority--no matter what party may be in power.
  Previous Members of the Senate have understood the importance of 
protecting the minority's rights and have spoken out in defense of 
unlimited debate as it exists in the Senate today. I worry that the 
Senate is becoming a different place. As I studied history, there was 
always the voice of the institution, the Senator who had been here for 
a long time. There was the collective wisdom that, yes, we are in the 
minority now--or we are in the majority now--but that someday it will 
be the reverse, and we want the rules to apply no matter what the 
position. It seems to me that in the past, Members of the Senate would 
speak out--whether a Democrat or Republican--for the institution of the 
Senate and what it means to the American people and the Constitution of 
the United States.
  The late Senator Byrd once said this about the design of the Senate:

       The Senate was intended to be a forum for open and free 
     debate and for the protection of political minorities. As 
     long as the Senate retains the power to amend and the power 
     of unlimited debate, the liberties of the people will remain 
     secure.

  When then-Senator Joe Biden was a part of this Chamber, he once said 
in defense of the filibuster:

       At its core, the filibuster is not about stopping a nominee 
     or a bill, it is about compromise and moderation.

  In 2005, when Republicans controlled the Senate and President Obama 
was a Senator, he said:

       If the majority chooses to end the filibuster--if they 
     choose to change the rules and put an end to democratic 
     debate--then fighting and bitterness and the gridlock will 
     only get worse.

  I think this statement applies today. I am tired of the fighting, 
bitterness, and gridlock. The American people do not want to see even 
more partisan bickering in Washington, DC. They want us to work 
together and solve our Nation's problems. They want us to get things 
done.
  Preserving the rules of the Senate is not a partisan issue, but it is 
about protecting the nature of the Senate and the rights of the 
minority. Without the ability to compromise or debate on the floor of 
the Senate, I fear the greatest deliberative body will be drastically 
changed for the worse.
  The original design of the Senate enables each Senator to be equal to 
one another no matter the party label, and each has the right to 
protect using the filibuster. If we choose to silence the Senators in 
the minority now for the sake of political expediency and lower the 
number of votes needed for a bill to pass without dissent, then we risk 
changing the very nature of the Senate.
  I see this as a former Member of the House of Representatives. I am 
accustomed--after 14 years--to having these words spoken: I yield to 
the gentleman from Kansas 60 seconds.
  The Senate is different from the House. We are entitled to more than 
60

[[Page 18037]]

seconds of being able to speak in support or in opposition to issues 
before the Senate. If that filibuster were to be destroyed, and if the 
last protection of the rights of the minority were to be disregarded, 
then the Senate would become substantially no different from the House. 
It would be marked by limited debate where the majority runs against 
the basic nature of the Senate rules based largely upon population.
  When the Republicans were in control of the Senate in 2005, Senator 
Reid, our majority leader, said:

       The threat to change the Senate rules is a raw abuse of 
     power and will destroy the very checks and balances our 
     Founding Fathers put in place to prevent absolute power by 
     any one branch of government.

  It is my belief that the Senate still exists today in the form that 
the Framers intended and that we must put a stop to this raw abuse of 
power. The Senate represents the embodiment of freedom of speech, and 
we should encourage the full exercise of our hard-won freedoms and 
unlimited debate. This tradition stands as a testament to the 
sacrifices of generations of early Americans and Americans throughout 
the history of our country. This freedom is one that will certainly be 
fought for in this Congress and the next.
  I yield the floor and note the absence of a quorum.
  The PRESIDING OFFICER (Mrs. Shaheen). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. JOHNSON of Wisconsin. Madam President, I ask unanimous consent 
that the order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Tributes to Departing Senators

                               Herb Kohl

  Mr. JOHNSON of Wisconsin. Madam President, I rise to pay tribute to a 
man who has been generous with his time, his treasure, and his heart, 
to his friends, his family, the State of Wisconsin, and to America, 
Senator Herb Kohl.
  America and Wisconsin have always been defined by immigrants arriving 
in this country seeking freedom, opportunity, and a better life for 
themselves and their families. Such was the case for Senator Kohl's 
father Max, an immigrant from Poland, and his mother Mary, an immigrant 
from Russia. Their family's story was just one among the many millions 
of stories of fulfillment of the American dream.
  Max and Mary's son Herb attended Washington High School in the 
Sherman Park neighborhood of Milwaukee. He graduated from the 
University of Wisconsin Madison in 1956 and went on to earn an MBA from 
Harvard Business School in 1958.
  Senator Kohl's service to his country started at a young age. He 
enlisted in the U.S. Army Reserve after receiving his MBA and served in 
the military for 6 years. After his military service, he began 
contributing to our Nation not in government but in the private sector. 
During the 1970s, he managed his family's well-known retail businesses. 
The stores built by the Kohl family remain the legacy that all 
Wisconsin respects and appreciates.
  When Wisconsin's NBA team, the Milwaukee Bucks, was considering 
moving out of the State for financial reasons, Citizen Kohl stepped in 
and purchased the franchise. He prevented the team from leaving and 
preserved professional basketball as an integral part of Wisconsin's 
strong sports tradition. Suffice it to say, Citizen Kohl had 
established himself as a very successful member of this Nation's 
business community. But he didn't hoard his financial success; he 
shared it and he shared it generously.
  Senator Kohl's philanthropy was widespread, but he particularly 
seemed to enjoy directing his generosity to helping Wisconsin students 
and educators. In 1990, he established the Herb Kohl Educational 
Foundation Achievement Award Program. This program provides a total of 
$400,000 to hundreds of students, teachers, and schools throughout the 
State of Wisconsin each and every year. In 1995, Senator Kohl continued 
his generosity to education and sports in our State by donating $25 
million to the University of Wisconsin Madison for a new sports arena. 
The Kohl Center, as it is now known, is the home for the school's 
basketball and hockey teams.
  Senator Kohl was first elected in 1988 and even though his duties 
required him to spend time in Washington, his heart has always been 
with the people of Wisconsin. For the past 24 years, he has maintained 
a strong passion for Wisconsin's children, seniors, farmers, and 
manufacturers.
  As a man whose life has been distinguished by generosity, it is worth 
noting that his final speech on the floor of the Senate was not a long 
list of his many accomplishments; instead, it was a short heartfelt 
speech of gratitude to those who made him the generous man he is today, 
those he served with, and those he represented in the Senate for four 
consecutive terms. Now it is our turn to thank Senator Kohl for the 
honorable 24 years he has served his State and this Nation.
  During his first election, the slogan of Senator Kohl's campaign was 
``Nobody's Senator but Yours.'' There can be no doubt in anyone's mind 
that he has lived up to that promise each and every day.
  On behalf of all the citizens of Wisconsin, I wish to thank Senator 
Herb Kohl for his generous spirit and his many years of service to 
Wisconsin and America.
  With that, I yield the floor and note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REED. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


Daniel Akaka, Jeff Bingaman, Scott Brown, Kent Conrad, Jim DeMint, Kay 
Bailey Hutchison, Herb Kohl, Jon Kyl, Joseph Lieberman, Richard Lugar, 
                Ben Nelson, Olympia Snowe, and Jim Webb

  Mr. REED. Madam President, at this time, I wish to take a few minutes 
to salute my colleagues who are retiring at the end of this year with 
the conclusion of the 112th Congress: Daniel Akaka of Hawaii, Jeff 
Bingaman of New Mexico, Scott Brown of Massachusetts, Kent Conrad of 
North Dakota, Jim DeMint of South Carolina, Kay Bailey Hutchison of 
Texas, Herb Kohl of Wisconsin, Jon Kyl of Arizona, Joseph Lieberman of 
Connecticut, Richard Lugar of Indiana, Ben Nelson of Nebraska, Olympia 
Snowe of Maine, and Jim Webb of Virginia. They have all worked 
ceaselessly to give their constituents the best representation and give 
the country the benefit of their views, their wisdom, and their 
experience. They are men and women who are committed to the Nation, and 
they have every day in different ways contributed to this Senate and to 
our great country.
  I wish to thank them personally for their service, and, in so many 
cases, their personal kindness to me; for listening to my points and 
for, together, hopefully, serving this Senate and this Nation in a more 
positive and progressive way.
  In particular, let me say a few words about some of the Members with 
whom I have had the privilege to work more closely.
  Senator Daniel Akaka, like his colleague, the late and revered 
Senator Daniel Inouye, proudly served our Nation during World War II. I 
am stepping into the huge shoes of Danny Akaka as the cochair of the 
Army Caucus. From one soldier to another, I salute him.
  He has also been an extraordinarily forceful advocate not just for 
active-duty personnel but for veterans and, of course, for the men and 
women of his beloved Hawaii.
  Jeff Bingaman has distinguished himself through his work on the 
Energy and Natural Resources Committee to improve our Nation's energy 
policy, particularly improving our energy efficiency. He has the vision 
and knowledge which he has displayed so many times to deal with the 
difficult issues that face us with respect to the appropriate use of 
energy.
  He has also focused on some of the greatest challenges facing our 
educational system, including preventing

[[Page 18038]]

dropouts and promoting the use of education technology.
  Scott Brown has drawn from his over 30 years of experience in the 
National Guard to advocate for our servicemembers. I am particularly 
pleased we were able to work together to create the new Office of 
Service Member Affairs at the Consumer Financial Protection Bureau.
  I have had the honor of serving with Kay Bailey Hutchison on the West 
Point Board of Visitors, and I am also grateful that she joined with me 
on a bill to improve care for children who survive cancer.
  Joe Lieberman and I have worked many hours to protect the submarine 
industrial base that is crucial not only to our strategic posture but 
also to our local economies. He has done it with great vision and great 
energy, and I thank him for that.
  Richard Lugar is one of the most decent and thoughtful individuals 
ever to serve in this body. We will miss his wisdom and his voice, 
particularly on nuclear nonproliferation and arms control. I am also 
pleased to have joined him on so many other issues, and he leaves an 
extraordinary mark on this institution.
  I have also had the privilege to work closely with another Member of 
this body, my colleague and friend, Olympia Snowe of Maine. Her 
willingness to reach across the partisan divide to advance legislation 
to benefit the Nation and the Senate and her State of Maine is, in my 
view, legendary. I was pleased to work with her when it came to 
supporting our fishermen and lobstermen, who are critical to our local 
economies. She and I have worked closely together on a host of other 
issues, including supporting strong investments in LIHEAP and our 
Nation's libraries.
  Jim Webb, a decorated combat veteran, is someone whose love for this 
Nation was manifested very early, as he led marines in combat in 
Vietnam. His extraordinary courage is only matched by his quiet 
demeanor and his calm sense of confidence that project outward in every 
different capacity.
  Of course, he has taken it upon himself to make sure we do not forget 
our veterans. He was the architect of the post-9/11 GI bill and, in 
doing so, he has enriched the lives of so many who were willing to risk 
their lives for this Nation. I, again, salute him for all he has done.
  Kent Conrad is an extraordinary budget chairman. No one knows more 
about the intricacies of the budget and no one brings to that very 
difficult debate more of an innate sense of fairness and decency than 
Kent Conrad.
  I could go on with all of my colleagues, just thanking them for their 
friendship, for their camaraderie, and for their commitment to the 
Nation and the Senate. As they depart, they have left an extraordinary 
legacy. Now it is our responsibility to carry on in so many different 
ways, and I hope we measure up to what they have done. If we do, then 
we can go forward confidently.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from New Hampshire.


                             Joe Lieberman

  Ms. AYOTTE. Madam President, I wish to say a few words about my 
friend Joe Lieberman, the gentleman from Connecticut.
  Shortly after I arrived in the Senate, Senator Lieberman was assigned 
to serve as my mentor--someone from the other side of the aisle who 
would be a source of wisdom and guidance as I made my way in my first 
term in the Senate.
  I considered myself extremely fortunate that he agreed to mentor me. 
We are both from New England. We both had the privilege of serving our 
State as attorney general and have a deep respect for the rule of law. 
And we are both deeply concerned about issues impacting the security of 
our country.
  Over the last 2 years, I have been able to work with Senator 
Lieberman more closely, and I have personally seen his character, his 
courage, and his conviction. Both in tone and in substance, Senator 
Lieberman has been one of the most respected and effective statesmen in 
the history of this institution--someone who transcended politics to 
stand up for what he believed in and what he believed was right on 
behalf of our country.
  Senator Lieberman understands that neither party has a monopoly on 
good ideas and that the American people expect Members of both parties 
to work together to get things done on behalf of our country.
  Senator Lieberman understands that our children will not ask us 
whether we were Democrats or Republicans and how good we were at that, 
at being a member of a party; they will ask us whether we were willing 
to make the tough decisions necessary to ensure that they continue to 
enjoy prosperity and freedom in the greatest country on Earth.
  What I admire about my friend Joe Lieberman is that he is someone who 
always puts country first above all else. For Senator Lieberman, this 
has been especially true in the area of national security and homeland 
security.
  As our Nation has encountered difficult economic headwinds at home--
over $16 trillion in debt--there have been Members of both parties who 
have argued for excessive cuts to our military and that we disengage 
from the rest of the world. Yet, in the great traditions of Presidents 
Truman, Kennedy, and Reagan, Senator Lieberman has made the compelling 
case that the United States best promotes its values and protects its 
citizens when we remain engaged around the world, maintaining our 
military strength, having the best military in the world.
  Having had the chance to work with Senator Lieberman on the Senate 
Armed Services Committee, his commitment to our men and women in 
uniform has been inspiring. He has shown a deep commitment to make sure 
they have the best equipment they need and that we remain the strongest 
military in the world; and that when our soldiers come home, they 
receive the support they need. He has been such an amazing advocate for 
the military and their families.
  I also appreciate that like Winston Churchill, Senator Lieberman 
understands the value of alliances between democracies and has spoken 
with moral clarity regarding the enemies of freedom. He has not 
hesitated to call terrorism an evil by its name and to speak out for 
dissidents and freedom fighters around the world.
  I will never forget a trip I had the privilege of taking with him to 
Asia, where we had the opportunity to meet individuals who were 
imprisoned. And they spoke with tears in their eyes of the work Senator 
Lieberman and Senator McCain and others had done to speak up on their 
behalf.
  Senator Lieberman has spoken for those who have been oppressed around 
the world time and time again, and he has left his legacy on this 
institution in making sure that America stands for our values and for 
people around the world who are struggling for basic human rights and 
freedom.
  In this Chamber, he will also, of course, be remembered for the 
incredibly important work he did as a strong and resolute member of the 
Senate Armed Services Committee but also as the chairman of the 
Homeland Security and Governmental Affairs Committee. He helped to lead 
the Federal Government's response to September 11, to those horrible 
attacks on our country, and every American is safer because of the work 
Joe Lieberman did as chairman of that committee, and the work he did on 
the Senate Armed Services Committee in this body--and the work I know 
he will continue to do when he leaves the Senate.
  My friend Joe Lieberman represents the very best of public service. 
He has stood firm for freedom, international engagement, and American 
military strength. He will be remembered among Members of this body not 
only for his accomplishments but for the way he has conducted himself. 
Always a gentleman, he has conducted himself with great decency, 
civility, and humility.
  At a time when our country faces great challenges, his quiet and 
effective leadership and commitment to working across party lines will 
be sorely missed in this body. He will certainly continue to serve as a 
model for all of us who remain serving in the

[[Page 18039]]

Senate, and I know in future endeavors I will certainly seek him out to 
seek his advice and counsel, as we face great challenges not only here 
at home but also in terms of our military and the role America plays in 
the world.
  We all admire his leadership here, and it has been a true privilege 
for me to have had him mentor me the last 2 years. I have learned so 
much from him. And, again, I think he serves as a model public servant 
of what it means to be committed to doing the right thing for your 
country.
  Thank you, Madam President.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Ms. CANTWELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Coons). Without objection, it is so 
ordered.


                      Remembering Daniel K. Inouye

  Ms. CANTWELL. Mr. President, I rise to salute my colleague, Senator 
Dan Inouye, and remember him for his great service to our country. Like 
so many of my colleagues, I come down to the Senate floor with a great 
deal of sadness but also admiration for the incredible life that Danny 
Inouye led.
  He certainly was a giant among Senators, and for the work he did--
everything from investigating Watergate to fighting for Native Hawaiian 
rights, to everything he did in the United States every day--he will be 
remembered as a man who fought for justice. When I think about Danny 
Inouye and the mentoring he has done for me and my colleague Senator 
Murray and for the State of Washington, I can tell you he will be 
sorely missed.
  We know something about long-term Senators in the State of 
Washington. Certainly, Danny Inouye and Scoop and Maggie were all 
friends. He was also a friend to Washington State. He forged a great 
relationship with Scoop and Maggie. That started when Scoop Jackson 
actually championed statehood for Hawaii starting as early as the late 
1940s. He played a key role in supporting it and passing it into the 
Hawaii Statehood Act. That is something Danny Inouye was so 
appreciative of. They forged a great relationship.
  Senator Inouye and Senator Maggie were great friends and mentors. I 
had the opportunity many years ago to hear both of them at Senator 
Magnuson's house in Seattle reminisce about their days together. Some 
of those stories I could share on the floor; some I could not. But they 
were longtime friends.
  The one story that is written about in Warren Magnuson's biography by 
Shelby Scates is a story about how, when Mount St. Helens blew up, 
Senator Magnuson went to Senator Inouye and said: We need about $1 
billion to help for the cleanup of Mount St. Helens.
  You can imagine in 1980 what a tremendous amount of money that would 
be. Senator Inouye said: Senator Magnuson, we have volcanoes blowing up 
all the time in Hawaii, and we never get a dime.
  Magnuson responded: Just wait, it will be your turn soon.
  So these are two incredible individuals who forged a relationship 
and, along with Jackson, were some of the big giants of our day in the 
Senate. We in the State of Washington certainly benefited greatly from 
Senator Inouye's incredible help and support. I know he traveled to our 
State many times at my request and participated in many different 
events. Probably one of the most important things he did for us in the 
State of Washington was the Puyallup land claim settlement and how 
Senator Inouye led the fight as the chairman of the Indian Affairs 
Committee to make sure the right thing was done.
  Together with Congressman Norm Dicks, we had a very difficult 
situation. The Puyallup Tribe, the Port and the City of Tacoma, and 
others all had a difficult dispute going on. The end result was the 
second largest Native American land claim settlement in U.S. history. 
The deal led to tremendous economic growth for the tribe, for the port, 
and for the surrounding committees.
  Senator Inouye, as I said, was the chairman of the Select Committee 
on Indian Affairs in 1980 when the Puyallup Tribe successfully sued to 
assert its claim for land around its reservation. This land included 
the Port of Tacoma, many parts of downtown Tacoma, and the towns of 
Fife and Puyallup. Because of his strong commitment to Native American 
rights, the Puyallup Tribe trusted Senator Inouye to serve as an 
intermediary between the parties involved in the negotiation to try to 
resolve this dispute. He made around a dozen trips to Washington State 
at key moments of this negotiation.
  If you can imagine, a Senator who has to represent his State, be a 
leader on the Appropriations Committee, and who would spend so much 
time on one particular dispute.
  During one tense session at a Tacoma hotel, Senator Inouye described 
his role as ``messenger boy,'' running between tribal negotiators on 
the second floor and non-Indian negotiators on the fifth floor. By his 
own estimate, he shuttled between those two floors 21 times. His 
tireless commitment and work helped keep the negotiations moving along. 
Finally, in 1988, a deal was struck and the settlement was passed into 
law in 1989.
  The tribe relinquished claims to land it originally held. In 
exchange, they received $162 million that included 200 acres of 
disputed land. Of this total, $77 million were Federal funds, which 
Senator Inouye and Congressman Dicks worked to obtain.
  When Senator Inouye was asked about the Federal Government's 
contribution toward the settlement, he replied: ``I got my training 
from Magnuson.''
  For the Puyallup Tribe, the results have been dramatic. Today the 
tribe is one of the largest employers in Pierce County, and it is 
moving forward with its port development partnership. The Puyallups 
have become a prominent leader for other tribes in important areas such 
as protecting natural resources, providing law enforcement, and 
improving health care.
  As for the Port of Tacoma, the results have been impressive as well. 
With the settlement, the port was able to tear down the Blair Bridge 
and open the waterways to the world's largest container ships. Removing 
the uncertainty of land ownership and relocating Highway 509 also 
unlocked land in the upper Blair Waterway for development, and a lot of 
new development occurred.
  According to the port, these improvements provided 43,000 jobs in 
Pierce County. The volume of cargo at the port has nearly doubled, 
growing from 782,000 containers in 1988 to nearly 1.5 million 
containers in 2011. Now the Port of Tacoma handles more containers than 
its friendly rival to the north, the Port of Seattle, so it is 
something they very much take with great pride.
  Senator Inouye has stood with Washingtonians on an issue that was so 
important to us and has led to so much growth and economic development, 
and only his leadership provided the necessary oversight to navigate 
this thorny issue. He also has helped us on many other issues, 
protecting salmon and our other fisheries, fighting for Native 
Americans and supporting strong defense and veterans' issues.
  He certainly will be remembered in the Northwest as a true friend. 
Our Nation's veterans had no greater friend than Senator Inouye. But 
when it came time to pass national legislation recognizing the 
Japanese-American veterans' contributions to our country during World 
War II, he let others take the lead, knowing he, himself, would also be 
an honorary recipient of this award.
  During a ceremony in November of 2001, with the other Nisei veterans 
at his side, Senator Inouye accepted the Congressional Gold Medal on 
behalf of the 100th Infantry Battalion, the 442nd Regimental Combat 
Team, and the Military Intelligence Service.
  In his remarks, Senator Inouye said, ``Seventy years ago, we were 
enemy aliens, but today, this great Nation honors us in this special 
ceremony.'' I can tell you because there were many

[[Page 18040]]

Nisei veterans from the Pacific Northwest who traveled to our Nation's 
Capital to participate in that event. Their families were so honored to 
be there with their parents and to honor them in this great ceremony. 
It would not have happened if it had not been for Senator Inouye's 
incredible leadership.
  He also successfully fought to honor the veterans who served in the 
Commonwealth Army of the Philippines on the side of the United States 
during World War II. Because of a law passed in 1946, their service was 
not recognized. They were denied access to health care and given only 
half the disability and death compensation of U.S. veterans.
  Senator Inouye changed that. Over the years, he secured nearly $200 
million in compensation for Filipino veterans, and he fought to grant 
Filipino veterans the same access as U.S. veterans to VA hospitals.
  Senator Inouye's strong sense of honor and justice drove him to fight 
for the recognition of these veterans' service. He was fond of saying 
``justice is a matter of continuing education.''
  For that reason, he also made sure injustices endured by U.S. 
citizens and permanent residents of Japanese ancestry during World War 
II will never be forgotten. He led passage of the Civil Liberties Act 
of 1988, which acknowledged their forced internment and provided 
compensation for those surviving detainees. Senator Inouye also 
understood that recognizing and honoring the service of these veterans 
meant helping them prosper as they were entering civilian life.
  I was proud to work with Senator Inouye and my colleague Senator 
Murray on the VOW to Hire Heroes Act of 2011. Because of the act, 
businesses that hire qualified veterans can get tax credits up to 
$9,600. Back in April of this year, Senator Inouye and I visited a 
company in Seattle, VECA, which hires primarily veterans, and I can 
tell you they were so happy to meet him. They were so excited to see 
one of our Nation's true heroes and to honor him by talking about the 
service they were trying to give back to our country.
  From the battlefields of World War II to the Halls of Congress, 
Senator Inouye brought grace, charm, and an unbelievable sense of duty 
to our country. He truly was a giant of a statesman, not just in Hawaii 
but in the State of Washington.
  A few years ago, Senator Inouye was visiting some underprivileged 
children in Hawaii to see the digital media center he helped support. 
One of the students he met said, ``I feel like I met one of the most 
important people in the world.''
  I couldn't agree more. Senator Inouye's legacy and impact cannot be 
overstated. He was an old-school Senator who was always courteous, 
respectful to his colleagues no matter what the circumstances, and he 
will not be forgotten.
  I join our Nation in praying for his wife Irene, his son Ken, and 
daughter-in-law Jessica, his stepdaughter Jennifer, and his 
granddaughter Maggie. I hope they understand how much we appreciate 
them sharing him with us and all he did.
  His service to our country will not be forgotten, and it certainly 
will be impossible to match.
  I yield the floor.
  Mrs. FEINSTEIN. Mr. President, it is with great sadness that I come 
here today to talk about my friend: Senator Danny Inouye. Danny was a 
friend of mine since I came to the Senate 20 years ago. He had a unique 
ability to connect with people, to befriend them. I know. He always 
helped me. He was smart, able and someone that over 20 years I grew to 
love.
  He was a war hero who fought bravely in World War II, even at a time 
when many in this country actively discriminated against Japanese-
Americans.
  And he served in this body for 50 years--the second longest serving 
Senator of all time.
  Danny and I worked closely together on the Appropriations Committee 
for many years. I often sought his counsel, and he was always an 
advocate for me.
  I want to say something personally to his beloved wife Irene: You 
were married to a truly wonderful man and an American hero. Death of a 
loved one is hard. I know. I have been through it. But, Irene, the love 
does remain. I know you were so proud to be his wife, to help him share 
his dreams through these years.
  I want you to know that you have many friends here, who now want to 
help you through this most difficult part of life.
  Danny, you will be greatly missed.
  Thank you for your service, thank you for your friendship.
  Mr. JOHNSON of South Dakota. Mr. President, it was with great sadness 
on Monday that we learned of the passing of a member of our Senate 
family, Senator Daniel Inouye. My deepest sympathy goes out to his 
wife, Irene, his son, Kenny, and to all of his family. I also extend my 
sympathy to the great people of Hawaii, who have lost one of their 
champions.
  Over the past few days, I have heard my colleagues pay tribute to 
this wonderful man. They have used words such as statesman, public 
servant, hero, patriot, leader, mentor, and champion. Each of these 
tributes is without a doubt deserved. I echo all of these accolades, 
but above all I was honored to call Senator Inouye ``friend.''
  Senator Inouye and I served on two committees together, with him 
serving as my Chairman on both of those committees: Indian Affairs and 
Appropriations. The lessons I learned from him will forever be with me. 
His commitment to American Indians, Alaska Natives, and Native 
Hawaiians was unparalleled. In our home States, we both have large 
populations of Native people and his leadership on these issues has 
taught me that our work is never done when it comes to bettering the 
lives of our first people. I had the opportunity to work with him on a 
number of important issues impacting South Dakota Natives over the 
years, and I very much appreciated his visit to South Dakota in 2002 to 
conduct a hearing in Rapid City on Native issues.
  A man of quiet reflection, Danny was a giant among men. A Medal of 
Honor recipient for his efforts in World War II and recipient of two 
Purple Hearts, he was a true American hero. His acts of valor during 
the war are nothing short of legendary. His care for veterans rivals 
that of any past or present Member of this body.
  To put Senator Inouye's service into perspective, eight Members of 
this Chamber had not even been born when Danny was sworn into his first 
term as the third Senator from the State of Hawaii. Not many Senators 
in the history of this Chamber have done more for their home States 
than what Senator Inouye did for his beloved Hawaii. His legacy is 
spread far and wide throughout the Hawaiian Islands.
  Senator Inouye will be greatly missed in this Chamber. His mark on 
this body and on his home State of Hawaii shall be felt for generations 
to come. Aloha, my friend.
  Ms. KLOBUCHER. Mr. President, I rise today to speak in remembrance of 
an incredible statesman and American hero, Senator Daniel Inouye of 
Hawaii. Senator Inouye passed away Monday evening, and to say that his 
leadership will be missed would be a tremendous understatement--not 
only of his influence as a policymaker but of his iconic status as a 
pillar of the Senate.
  In terms of political longevity, he follows only Robert Byrd as the 
second longest serving Member in Senate history. This is significant 
because second place never came naturally for Senator Inouye. He was, 
after all, the face of so many ``firsts'' for our country and for his 
State. In 1959, he became the first ever Asian American to serve in the 
United States Congress, elected during Hawaii's first ever federal 
election cycle, representing the State as part of its first ever 
congressional delegation.
  He almost added another impressive ``first'' to his resume, when 
Minnesota's own Hubert Humphrey put Dan at the top of his short list 
for running mates in the 1968 presidential election.
  But perhaps the greatest legacy Senator Inouye will leave behind is 
his record of standing up for our men and women in uniform. As Chairman 
of the Appropriations Committee and the Defense Appropriations 
Subcommittee, he revolutionized the way our country

[[Page 18041]]

serves those who have served for us--not just on the battlefield, but 
also here at home in the form of stronger benefits for veterans and 
better support for military families.
  Senator Inouye knew a thing or two about service. He enlisted in the 
Army after the attack on Pearl Harbor and fought for our country on the 
front lines during World War II. He did it despite our government's 
decision to place his own people, Japanese Americans, in internment 
camps because he believed that he and his family owed the United States 
an ``un-repayable debt.'' I would argue that he paid back that debt and 
much, much more.
  To this day, the unit of all Japanese-American soldiers that he 
served with is the most decorated in history for its size and length of 
commitment. Senator Inouye himself earned a Bronze Star, a 
Distinguished Service Cross and, eventually, the Congressional Medal of 
Honor.
  The story of how he earned it--and how he lost his right arm--is the 
stuff of legend. A grenade exploded near his right elbow during a 
firefight in Italy, shredding his arm and severing his hand just as he 
was preparing to throw a grenade of his own. Afraid the weapon might 
detonate in his nearly severed right first, Senator Inouye used his 
left hand to pry it out and throw it towards enemy lines. He was, and 
is, a true America hero.
  From his decorated military career to his long-time service for 
Hawaii, Senator Inouye was a dedicated public servant. Humble to the 
end, Senator Inouye was and always will be known as a true gentleman in 
the Senate. Aloha, Senator Inouye.
  Ms. COLLINS. Mr. President. With his family at his side, the last 
word spoken by Senator Daniel Inouye in this life was ``aloha.'' To the 
people of Hawaii, it is a word with a meaning far beyond simply 
``hello'' or ``goodbye.'' It is a word of profound significance, one 
that describes a spirit of service to others, of compassion, and 
reverence.
  It is the best possible epitaph for my cherished friend and 
colleague.
  Dan Inouye lived that spirit every day of a long and remarkable life. 
When Pearl Harbor was attacked on December 7, 1941, he was there, 
serving as a medical volunteer in the most horrific and dangerous 
circumstances. When the ban on Japanese Americans serving in the U.S. 
military was lifted in 1943, he immediately enlisted. In the closing 
days of World War II, when his platoon came under intense enemy fire, 
Second Lieutenant Inouye led the attack, despite grievous wounds.
  That extraordinary heroism earned Dan Inouye the Medal of Honor but 
cost him his right arm and his dream of becoming a surgeon. In the true 
``Aloha Spirit,'' he found another way to serve, first as a member of 
the Hawaii Territorial Legislature, and then, when statehood was 
achieved in 1959, as Hawaii's first Member of Congress.
  In 1962, Dan was elected to the Senate, beginning a half century of 
contributions, accomplishments, and leadership on behalf of this 
institution and our Nation. He was the first Japanese American elected 
to the Congress and a stalwart champion of civil rights for all. He was 
a decorated hero who fought for the rights and benefits of all 
veterans. From his daily work in the Senate to his exceptional service 
on the Watergate and Iran-Contra committees, Dan approached every task 
with the determination to do what was best for our country.
  I was privileged to serve with Dan on the Appropriations Committee 
and honored to join him in the Gang of 14 to preserve the tradition of 
open debate in the Senate. No matter how difficult the issue, he always 
conducted himself with dignity and civility.
  In this time of sorrow, I offer my deep condolences to the Inouye 
family. I hope they will find comfort in knowing that this great 
patriot and public servant leave a legacy that will inspire Americans 
for generations to come. And to Senator Daniel Inouye I say, aloha 
pumehana, my friend. Farewell with my deepest regards and affection.
  Mr. ENZI. Mr. President, I appreciate having this opportunity to join 
my colleagues in expressing not only my great sadness on the passing of 
Senator Inouye but my great appreciation of his lifetime of service to 
his beloved Hawaii and to our Nation. Danny Inouye lived a full and 
active life, and his great gifts enabled him to make a difference that 
will continue to be felt for a long time to come.
  I had the honor of introducing Danny Inouye during one of our Prayer 
Breakfasts earlier this year. Even though I thought I knew him pretty 
well, as I read the interviews and personal reflections he had shared 
on his life, I realized more than before the importance of the role he 
had played over the years as he worked so very hard to make Hawaii all 
that it is today.
  Danny learned at an early age all about the importance of observing 
the great values that served to help direct his life--love of country, 
love of family, service to all those who needed his help, and, equally 
important, service to God. Over the years those great principles helped 
to make him a leader in every sense of the word as people looked to him 
for his leadership in difficult times of both war and peace.
  Over the years, he was often asked about his experience during World 
War II and the impact it had on him. Danny would begin his reflections 
when he was a young man, still in high school and pursuing his dream of 
a career in medicine. As so often happens in our lives, his life was 
changed forever in a moment that began one morning as he was getting 
ready for church. He heard a report on his radio that Pearl Harbor was 
being attacked. Without hesitation, Danny headed over to the base to 
see what he could do to help those who had been injured. Danny had 
learned a great deal about first aid, and his skills were put to good 
use to help those who had been injured that day.
  That was just the first part of Danny's story and his experience with 
the war effort of those years. In the days to come it would present him 
with one of the toughest challenges that anyone could have ever faced 
as he played an important role in the effort to protect our Nation and 
restore peace to the world.
  As he would continue with his story, Danny's war experiences told a 
powerful and compelling story about what so many of our Nation's 
veterans have experienced in battle. That is why Danny will always be 
known as one of our great war heroes. Even with that standard, however, 
there was something special about him and the courage and bravery he 
showed on the battlefield. His efforts were so extraordinary they were 
recognized with a Medal of Honor, one of our Nation's highest awards. 
They place him on the roster of our most distinguished heroes, and they 
remind us all of the great sacrifices that he and so many of our 
veterans have made over the years to keep our Nation strong and free. 
Thanks to Danny and those with whom he served, we were able to emerge 
from that world war victorious and bring peace and freedom to those 
nations that had been overrun by an evil alliance led by a ruthless 
dictator in Germany.
  That was just the start of Danny's life, but it had taken a heavy 
toll from him that would change it forever. With the loss of his arm, 
it was no longer possible for him to complete his dream of being a 
surgeon. Those who knew him and his great caring heart urged him to 
find another field in medicine to pursue. He decided to follow another 
path, and as we are told in the Bible, God had a hand in helping to 
direct his steps.
  As soon as he could, Danny attended George Washington University, my 
alma mater, and earned his law degree. He then became a part of the 
effort that would lead Hawaii to statehood. Danny knew the result would 
bring great changes to his home State and increase the opportunities 
available to the people who lived there. Thanks in part to Danny, those 
efforts to achieve statehood were successful, and they resulted in the 
addition of Hawaii to the roster of our States--and placed another star 
on the American flag he loved so dearly.
  Danny knew that statehood would not be the end, it would be just the 
beginning of the next great chapter in the history of Hawaii. Danny 
wanted to be a part of that effort, too, so he was

[[Page 18042]]

encouraged to run to serve as Hawaii's first Representative in the 
House. He was successful, and his election to the Congress gave him an 
opportunity to take on another leadership role--crafting the future of 
his beloved home State. Once again, it brought out the best in him, as 
he dedicated himself to making Hawaii a better place for all those who 
called that special place their home.
  It wasn't long before Danny then ran for and won his election to the 
U.S. Senate. It began a Senate career that was to enable him to make a 
difference in more ways than we will ever know. As he served here, he 
did more than observe history or participate in it--he helped to write 
it day by day, chapter by chapter.
  Danny's career has been so active, so full, and so productive, it 
would be impossible to list all his achievements that make up his 
legacy of service both here in the Senate and back home in Hawaii. One 
thing will always stand out in my mind, however--Danny's great loyalty 
to all those with whom he served. In every sense Danny was a gentleman 
and a gentle man. He had a quiet and understated way of doing his work 
day by day. He was man of great kindness, and he shared that kindness 
with everyone he knew or worked with. His service as a Member of the 
Senate provided us with a great example of how we should all approach 
our duties and our work together, putting our country, our God, our 
family, and our home States first.
  That is why Senators on both sides of the aisle have come to respect 
and appreciate him and his character so very much. I will long remember 
the great friendship and close working relationship he had with Ted 
Stevens. They shared such a strong bond that they often referred to 
each other as brothers. He had strong and supportive friendships with 
other Senators, too, and that is why we will all miss him so very much 
in the days and months to come.
  I know I will never forget that Prayer Breakfast and all Danny had to 
share with us that day. He had a great and powerful faith in God and 
the special relationship they had built up over the years. It helped 
strengthen him on the battlefield. It helped to guide his efforts when 
he was called to serve the people of Hawaii. It gave him a source of 
inner strength that firmed his resolve as he worked to serve the people 
of our Nation.
  By any and all standards, Danny Inouye lived a life we would all be 
proud of. He packed more into each day than some people experience in a 
lifetime. Although we had him with us for so many years, it still feels 
like he was taken from us all too soon.
  Now we come together to say goodbye to our colleague--confident in 
the knowledge that he has made a difference in Hawaii and in Washington 
that will continue to have an impact for many years to come. It is 
often said but always bears repeating that one person can make a 
difference in the world that will equal their determination to do so. 
Danny is the proof of that, and his memory will continue to inspire all 
those who knew him or will read about him and his great love for the 
United States of America.
  As a grandfather, I will also long remember that day just a few years 
ago when Danny became a grandfather, too--for the first time. It was a 
day he had long anticipated and looked forward to. It reminded me of 
how much it means to all grandfathers to hold the next generation of 
their family in their arms and to be reminded of the great circle of 
life and all that it means as the memories of the past give way to our 
hopes for the future. Now that grandchild will proudly carry the legacy 
Danny Inouye leaves behind to all those who knew and loved him. It is 
more than a record of great achievements, it is a challenge he leaves 
to all those who will follow him to dare to try to do even greater 
things than Danny Inouye has done.
  God bless and be with you, Danny. Thanks for your service, but most 
especially thanks for your friendship. Our faith reminds us that we 
will be parted for only a short time and the day will come when we will 
see you again. Until that time, you will be greatly missed and you will 
never be forgotten. Diana and I will keep your family in our prayers. 
May God bless and be with them all.


                     Tributes to Departing Senators

                              Kent Conrad

  Mr. LEVIN. Mr. President, there are many people in this town who say 
they are worried about the deficit. But all too often, those claiming 
the mantle of ``deficit hawk'' are pretty dovish about making the hard 
decisions required to reduce the budget deficit and bring down the 
national debt. Some use the deficit to argue for damaging important 
programs that provide for the safety and well-being of Americans. 
Others, in a brazen bit of obfuscation now decades-old, make the 
disproven claim that the budget-busting tax cuts they prefer would 
actually reduce the deficit.
  In this maze of distortion and debunked arguments, Kent Conrad is 
like a clean prairie breeze. He cares deeply about the fiscal health of 
our Nation, and for more than two decades, he has been dismantling 
faulty arguments and fuzzy budget math with facts and figures and with 
charts, yes, charts. In naming Senator Conrad one of the 10 best 
Senators in 2006.
  Time magazine reported that the support staff here in the Senate had 
become so overwhelmed by Senator Conrad's chart requests that they gave 
up and gave him his own printing equipment. Kent Conrad doesn't just 
know the facts. He wants you to know them too--and in bright colors.
  Behind the flash charts are deep substantive knowledge and a rigorous 
approach that eschews wishful thinking. Senator Conrad knows that the 
way out of our deficit problem, the path that avoids the fiscal cliff, 
means looking at our entire budget picture, both the spending that goes 
out and the revenue that comes in. He laid out the facts recently here 
on the Senate floor, saying:

       The public understands we face both a spending and a 
     revenue problem. Spending is near a 60-year high, as this 
     chart shows. The red line is the spending line; the green 
     line is the revenue line. But for those who say it is just a 
     spending problem, I don't think the facts bear that out, 
     because the revenue is near a 60-year low. I think most 
     logical people would say we have to work both sides of this 
     equation.

  This logical approach makes Senator Conrad a strong ally. I have been 
proud to join with him on efforts to end some of the many distortions 
and loopholes that increase the deficit and make our Tax Code less fair 
to working families. Earlier this year, he and I introduced the CUT 
Loopholes Act, which would reduce the deficit by $155 billion over 10 
years through elimination of several offshore tax loopholes, and 
through elimination of the stock-option loophole, which forces American 
taxpayers to subsidize the large stock-option packages regularly 
awarded to corporate executives. In March, we were joined by Senator 
Whitehouse in advocating for inclusion of a portion of the CUT 
Loopholes Act in the Senate's surface transportation bill, and our 
amendment was adopted by the Senate. It did not become law, but the 
Senate's action represented real progress in the fight against tax 
loopholes.
  Senator Conrad and I have worked together on another important 
issue--the effort by many multinational corporations to secure a 
``repatriation'' tax break for some of the billions of dollars they 
hold offshore. That was tried once, in 2004, and as Senator Conrad 
accurately notes, that repatriation holiday was ``a complete and utter 
failure at job generation.''
  He also has been a forceful advocate for the need to address the tax 
rates on capital gains and dividend income. The low rates on these 
forms of income is a driver of our budget deficits and of rising income 
inequality. As Senator Conrad said in a recent interview about the need 
to address tax rates:

       It's very clear to me. You do have to have rate increases, 
     especially on capital gains and dividends it's needed and 
     fair.

  Not just needed, he said--fair. And that is what I think we should 
keep in mind about Senator Conrad's work to address the deficit in an 
honest and forthright way. Yes, he knows the facts and figures, knows 
them as well as

[[Page 18043]]

anyone. But knowing the numbers is not enough. Budget math is not an 
academic exercise. We are not here to represent numbers on 
spreadsheets. We represent people--actual human beings, with dreams and 
ambitions and hope. And always, Kent Conrad has marshaled the facts and 
figures in support of real people. He knows the toll that out-of-
control deficits can have on generations to come. He recognizes the 
need to address rapidly rising entitlement spending--but also the need 
to preserve important programs that have made so much of a difference 
in the lives of Americans, especially the most vulnerable.
  He and his wonderful wife Lucy have been dear friends to my wife 
Barbara and me. The four of us have hosted dinners together to deepen 
our understanding of both the pressing issues of the day and of 
transcendent issues such as the origins of matter and the universe.
  Senator Conrad is leaving the Senate, but the need for his kind of 
rigorous approach and concern for the impact of our policies is not 
going away. I hope we can learn from and follow his example as we move 
forward to confront our Nation's challenges.


                               Ben Nelson

  Mr. President, there are few issues we deal with on the Armed 
Services Committee in which the stakes are so high or the policy 
questions so complex as in dealing with our Nation's strategic forces 
and capabilities. The fearsome power of our strategic weapons, the 
urgency of avoiding mistakes, the difficult strategic calculations they 
require, the advanced technologies involved, all of these combine to 
make strategic forces complicated and of paramount importance.
  It has also been the signature issue for Senator Ben Nelson during 
his service on the Armed Services Committee. Chairman of the Strategic 
Forces Subcommittee since 2009, Senator Nelson has long been one of the 
Senate's most thoughtful voices on issues related to our nuclear 
arsenal, space programs, missile defense and other strategic issues. As 
he prepares to leave the Senate, we are losing an outstanding 
contributor to our nation's strategic thinking and decision-making.
  Certainly the presence of Offut Air Force Base and U.S. Strategic 
Command in Senator Nelson's home State give him first-hand evidence of 
the importance of these issues. And appropriately, he brings a common-
sense Nebraska viewpoint to our consideration of them.
  Senator Nelson's efforts were important to the Senate's 2010 approval 
of the New START treaty, a significant step forward in our nuclear arms 
reduction efforts. He made it clear in that debate that he is a firm 
believer in the need to ensure that the Department of Energy's nuclear 
weapons laboratories are modernized and able to support the existing 
nuclear stockpile so that we do not have to return to nuclear testing.
  His common-sense approach has been especially noticeable in issues 
involving management of the nuclear weapons laboratories as they 
balance the science behind stockpile stewardship and meeting day-to-day 
problems with the deployed nuclear forces.
  As Chairman of the Strategic Forces Subcommittee, he has helped 
ensure strong oversight of and support for the development, testing and 
deployment of effective ballistic missile defenses, including the 
Phased Adaptive Approach to missile defense in Europe that is already 
providing protection for our forward deployed forces, our allies and 
partners against Iran's current and emerging ballistic missiles.
  He has been an advocate for improving our deployed and planned 
homeland ballistic missile defense capabilities, including efforts to 
understand and correct the problem that led to a flight test failure of 
the Ground-based Midcourse Defense system in December of 2010. In this 
regard, he has supported rigorous and operationally realistic testing 
of our missile defense systems.
  Of course, strategic issues are not Senator Nelson's only concern. On 
the Armed Services Committee, before he chaired Strategic Forces, he 
was chairman of the Personnel Subcommittee, demonstrating a keen 
understanding of the issues and a deep concern for the men and women of 
our military and their families. He has been a tireless advocate for 
the National Guard and for Nebraska's farm families, and a fighter for 
working families across America, advocating for a reasonable minimum 
wage and for important workplace protections. And he has been among our 
most passionate voices for an end to the partisan gridlock that has 
marked Washington, and the Senate, for far too long.
  None of these issues are simple. All of them are vitally important. 
Senator Nelson's thoughtful, careful contributions have without 
question made our Nation safer, made our military forces more 
effective, our use of precious taxpayer dollars more effective. He has 
earned the respect and affection of the people of Nebraska, and he will 
be sorely missed on the Armed Services Committee and in the Senate. 
Barb and I wish all the best for Ben and Diane as they continue their 
efforts to serve their State and our Nation.


                                Jim Webb

  Mr. President, Jim Webb has served our Nation in ways that few 
Americans can match. He is a decorated combat veteran of the Vietnam 
War, where he was awarded the Navy Cross, the Silver Star, two Bronze 
Star Medals, and two Purple Hearts. His experiences in Vietnam helped 
him shape a series of novels for which he has received justified 
critical praise and which helped readers understand the experience of 
war and those who fight it. He served as the first Assistant Secretary 
of Defense for Reserve Affairs, and later as Secretary of the Navy. He 
won enormous praise for his television coverage of the Marine mission 
to Beirut in the 1980s, and later for ``Born Fighting,'' a history of 
Scots-Irish immigrants to America.
  For the last 6 years, he has been serving his Nation in the capacity 
we in the Senate have seen firsthand, as United States Senator from 
Virginia. It has been my privilege to serve with him on the Armed 
Services Committee, and as chairman, I have benefitted greatly from his 
intelligence, his experience, and his dedication to the men and women 
who wear the uniform of our military. Let me reflect on a few of the 
ways in which I have seen up close Senator Webb's dedication to 
service.
  Senator Webb is rightly recognized for his work on national security, 
but that has not been his only concern in the Senate. He has been a 
welcome voice here on issues of economic fairness. Soon after his 
election to the Senate, he wrote in the Wall Street Journal of an 
urgent need to address growing economic inequality. He wrote:

       [T]he current economic divisions in society are harmful to 
     our future. It should be the first order of business for the 
     new Congress to begin addressing these divisions, and to work 
     to bring true fairness back to economic life.]

  And he has acted on those words, fighting for a tax system that is 
more equitable to working families; for trade policies that recognize 
not just the benefits, but the costs, of free trade; and for education 
policies that give all Americans, including those already in the 
workforce, the skills and opportunities to prosper.
  An issue on which I have been able to work closely with Senator Webb 
is the posture of U.S. military forces in the Asia-Pacific region and, 
in particular, the plan to realign Marine forces in the Pacific. I 
traveled with him to Okinawa and Guam, and even the island of Tinian, 
and saw firsthand his extraordinary knowledge and understanding of the 
issues. I have benefitted greatly, as I know Senator McCain has, from 
his insights on this complex and difficult issue, which involves 
pressing strategic issues, enormous budget pressures, and the concerns 
of our close ally Japan. Senator Webb's hard work on this issue has 
helped resolve the impasse that was blocking progress on the plan to 
move some of the marines off of Okinawa and move us closer to an 
achievable, affordable plan for Marine realignment that will benefit 
the people of Japan and the United States while better serving our 
national strategic and security interests in this important region.

[[Page 18044]]

  But what is perhaps most notable about Senator Webb's service in the 
Senate is the way that he has joined three of his concerns--America's 
national security, the need for greater economic fairness, and his 
affection for the men and women of our military.
  This is perhaps best expressed by the post-9/11 GI bill, legislation 
he introduced on his first day in office, and whose passage he pursued 
with great determination. When signed into law in 2008, the post-9/11 
GI bill provided the largest expansion of educational benefits for 
veterans since World War II. Just as the original GI bill honored the 
service of World War II veterans and helped pave the way for millions 
of servicemembers to earn college degrees, so, too, has Senator Webb's 
legislation honored the generation that has served in Iraq and 
Afghanistan and elsewhere. The impact of this legislation, in improving 
the lives of our veterans and in its benefits for our Nation as a 
whole, will be large and long lasting.
  Senator Webb has been a tireless advocate for the men and women of 
our military, and in particular for our junior enlisted troops. As 
chairman of the Subcommittee on Personnel, he has fought for adequate 
pay and benefits, and against the unscrupulous who would seek to profit 
by taking advantage of these young men and women. Senator Webb speaks 
eloquently of the great strains of more than a decade of high 
operational tempo on these men and women and their families, and of the 
``moral contract'' between our Nation and the troops who defend us. He 
speaks as the descendant of veterans, as a veteran himself, and as the 
father, father-in-law and brother of veterans. The Senate, and the 
Nation, have been better off the last 6 years having that voice in the 
Senate. I have been grateful for his counsel, and I am sorry we soon 
will no longer have the benefit of his service on the Armed Services 
Committee or in the Senate. But even though we will miss him, I have no 
doubt Jim Webb's service to our Nation will long continue, and I wish 
him every success.


                                Jon Kyl

  Mr. President, if success in the United States Senate depended only 
upon working alongside those with whom we agree, this would be a pretty 
uncomplicated and uninteresting place. We are a large and complex 
Nation, made up of people with varying interests, preferences and 
beliefs. This is where the representatives of a diverse Nation come to 
try to resolve those differences into coherent national policy. And 
success in this body depends on the efforts of Senators of differing 
beliefs and backgrounds who labor to discover common ground.
  This is on my mind as I consider the career of Senator Jon Kyl, who 
is leaving the Senate at the end of his third term representing the 
people of Arizona. We have differed many times here in the Senate. And 
we also have sought common ground. These efforts are totally 
consistent.
  In the wake of the 2001 terror attacks, our Nation's response took 
many forms. Our military, intelligence and security agencies were 
obviously essential to that response, but importantly, we did not 
neglect a less obvious need: the need to cut off terrorist financing. 
Senator Kyl played an important role in this. He was a co-sponsor with 
me of legislation to give financial regulators important new 
authorities to act against terror financing.
  We found common ground on the need to speak out in strong and clear 
opposition to the repressive regime in Iran. Last year, he and I were 
part of a bipartisan group that offered a resolution calling for an end 
to the violent repression Iran's government has carried out against its 
own people, urging international action to support the people of Iran, 
and reaffirming America's commitment to universal freedoms.
  I was proud to work with Senator Kyl on these and other important 
issues before the Senate. I respect and deeply appreciate his 
commitment to protecting our Nation and to the universal standards of 
human rights that are such an important part of America's legacy. I 
wish Senator Kyl and his family every success and happiness as he 
returns to Arizona.


                            Daniel K. Akaka

  Ms. COLLINS. Mr. President in his farewell message to the people of 
Hawaii, Senator Daniel Akaka wrote that his dream was always to work in 
a job in which he could help people. In his 36 years in Congress--14 in 
the House of Representatives and 22 here in the Senate--Danny Akaka has 
done that job exceedingly well.
  He has done it with statesmanship and perseverance. As just one 
example, just a few weeks ago, President Obama signed into law landmark 
legislation to better protect Federal employees who come forward to 
disclose government waste, fraud, abuse, and other wrongdoing. The 
Akaka-Collins Whistleblower Protection Enhancement Act would not have 
passed without Danny's determination to help both our dedicated Federal 
workers and the citizens they serve.
  Serving with Danny on the Homeland Security and Governmental Affairs 
Committee, I appreciate the priority he always placed on making the 
Federal Government more efficient and transparent, and on advancing 
policies to attract, recruit, and retain the skilled workforce needed 
to meet today's challenges. From safeguarding our Nation against 
terrorist attacks to supporting the first responders in our 
communities, Danny has been a great ally and a true leader.
  It also has been an honor to work with Danny on the Armed Services 
Committee. As a World War II veteran, he brought to the committee a 
deep and personal understanding of the sacrifices made by our men and 
women in uniform, and by their families. He is a champion of efforts to 
ensure that our Active National Guard and Reserve personnel have the 
equipment and training to remain the best fighting force in the world, 
and he is dedicated to providing our veterans with the services they 
earned and deserve.
  Danny Akaka has been described as the ``Aloha Senator.'' To most of 
us, that multi-purpose word can mean anything from ``hello'' to 
``goodbye.'' To the Hawaiian people, it is a word of deep spirituality 
and profound meaning.
  The late Reverend Abraham Akaka, Danny's oldest brother and one of 
Hawaii's most beloved clergymen, defined the ``Aloha Spirit'' this way: 
``God first, others second, yourself last.'' As a patriot and 
statesman, Senator Daniel Akaka embodies that spirit through his desire 
to promote the true good of others and to help people. Aloha pumehana, 
Senator Akaka, farewell with my deepest regards and affection. Thank 
you for your friendship and for your service to our country.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, I would like to speak on an amendment to 
the pending bill--an amendment I will not be able to offer because I 
understand the majority filled the amendment tree so that we cannot 
make amendments pending at this time. So I would like to take some 
time, though, to inform Members about the importance of my amendment 
and why it ought to be included.
  I think it is simply about smart government. It is about ensuring 
that taxpayers' dollars are spent wisely, while at the same time 
guaranteeing Federal law enforcement agencies that face challenges 
following Hurricane Sandy have the resources they need to get the job 
done.
  On December 7, the White House Office of Management and Budget 
transmitted a legislative proposal to Congress seeking supplemental 
appropriations for disaster mitigation relating to Hurricane Sandy. By 
all accounts, this action was a normal response to a Federal disaster 
and one that nearly all Members have supported for various disasters 
that have occurred in our home States. However, this request was 
unusual in several respects. For example, a large portion of the funds 
included in the President's request are unrelated, or at least 
extremely remote to the damage caused by the storm. This includes 
funding for fisheries in Alaska, funding for increased Amtrak capacity, 
and funding to be spent years into the future. Further, the funding

[[Page 18045]]

request sent up by the President does not include any recommendation 
whatsoever for offsetting the spending. So, long story short, this 
request means more deficit spending.
  There is one part of the request that causes me particular concern--
and the purpose of my amendment--because it relates to my work as the 
ranking member of the Committee on Judiciary. In the President's 
request, there are specific line items for repairing and replacing 
Federal vehicles damaged by Hurricane Sandy. Specifically, the Justice 
Department requested $4 million for the Federal Bureau of 
Investigation, $1 million for the Drug Enforcement Administration, 
$230,000 for the Bureau of Alcohol, Tobacco, Firearms and Explosives, 
and $20,000 for vehicles for the Department of Justice inspector 
general. Among other things, these funds are largely to repair and 
replace Federal vehicles damaged by water from the storm.
  The Department of Homeland Security requested $300,000 for the Secret 
Service, $855,000 for Immigration and Customs Enforcement. Again, this 
funding is largely for repairing or replacing damaged motor vehicles. 
The President requested this funding in an effort to replace these 
damaged vehicles. He cited operational use of these vehicles by law 
enforcement agencies as the reason they need to be replaced.
  Now, I understand that vehicles are a very important part of the work 
that these Federal law enforcement agencies undertake and are critical 
to ongoing operations in the field. However, I am concerned about 
simply providing funding for replacement vehicles in the field because 
the way the government operates, this funding will not reach the 
agencies immediately. Even when it does, it will take time for 
replacement vehicles to be located, purchased, and prepared for use. 
But given that this is an emergency spending bill, we can assume that 
these agencies need vehicles for immediate operational use.
  As such, my amendment seeks to place these vehicles into the hands of 
the agents in the field as fast as possible. Instead of simply 
providing funding, my amendment requires that, within 7 days, the 
Department of Justice and the Department of Homeland Security identify 
and relocate vehicles based at the Washington, DC, headquarters of the 
Department of Justice and the Department of Homeland Security that are 
used for nonoperational purposes. The vehicles identified will then be 
used to replace those damaged by Hurricane Sandy that are used by the 
FBI, DEA, ATF, ICE, and the Secret Service.
  The amendment limits the funding provided for these vehicle purchases 
until a report is produced to Congress identifying the vehicle 
relocations. I think it is a very good government amendment and one 
that actually achieves the goal of replacing operational vehicles used 
by Federal law enforcement actually faster than in the underlying bill.
  Since we are told this funding is absolutely necessary for these 
agencies--so necessary as to warrant emergency funding that is not 
offset with spending reductions--this amendment actually improves the 
bill by getting vehicles to law enforcement immediately.
  The agencies who will likely oppose this will argue that this is 
unnecessary and that we should just write a check for the new cars. 
That is a ridiculous position to take, and we see the damage on 
television so you know there is a purpose for the underlying bill. But 
if this is an emergency for these vehicles, these agencies can spare 
some of the vehicles they have sitting around at their headquarters for 
nonoperational purposes.
  These vehicles are given to employees in offices such as legislative 
affairs, budget, facility managers, and chief information officers and 
chief financial officers who may get cars to drive to and from work. 
Many may even sit unused for periods of time. Those are not operational 
needs.
  Just last year, there was an article in the Wall Street Journal 
titled ``Free Ride Ends for Marshals,'' which addressed how 100 
headquarters employees of the U.S. Marshals Service returned 
government-owned vehicles to the motor pool instead of using them to 
commute to and from work. The article described how in recent years the 
proliferation of take-home vehicles for headquarters employees had 
exploded.
  While the article focused on reducing take-home cars at the Marshals 
Service, it is clear that the same argument can be made for reducing 
take-home cars at other agencies. In the case of this supplemental, if 
this is actually an emergency worthy of millions of taxpayer dollars, 
these agencies can inconvenience nonoperational personnel at 
headquarters to get these vehicles out to the fields and end the fringe 
benefits. In fact, according to inventory numbers provided to the 
Appropriations Committee, the Justice Department has 3,225 vehicles at 
the Washington, DC, headquarters of their agency alone. Surely, the 
Justice Department can find a handful of vehicles out of these 3,225 
vehicles that could be sent to the field to replace the damaged 
vehicles--and get it done a heck of a lot faster than appropriating 
this money and going through a process that would not get them out 
there for a longer time.
  On top of that, my amendment would allow the funds to replace these 
nonoperational vehicles after they are relocated. So my amendment would 
at most create a very small inconvenience for these nonoperational 
staff for a short time. This amendment makes sense by modifying a 
request that, quite honestly, doesn't make a lot of sense. If this is 
an emergency, as we are told, the agencies should have no problem doing 
what my amendment asks.
  We owe it to the American taxpayers to spend their tax dollars 
wisely. This amendment doesn't go as far as we could, which would be to 
strike the provision outright. Instead, it gives the administration the 
benefit of the doubt that this is a true emergency and that these cars 
are needed. However, it forces the agencies to make a decision to 
temporarily inconvenience a few employees in Washington, DC, while 
ensuring the operational law enforcement elements in the field have the 
equipment they need.
  So I urge my colleagues to support a commonsense, good-government 
amendment, and I hope it can be considered somewhere along the line 
before we pass this final legislation. If I could say just a few words 
on the issue as a whole, I would like to take that opportunity.
  There is no doubt in my mind that every dollar that Sandy victims and 
local communities and infrastructure are entitled to, if it comes under 
existing law, they ought to have. Our country is always having 
disasters. That is a foregone conclusion. Throughout any year, there 
are always disasters to appropriate money for. Then, on a specific 
disaster, these problems go on for years after the money is 
appropriated--and it is years before some of the money is spent. All I 
have to do is look at Cedar Rapids, IA, and how they are fighting with 
FEMA after a 2008 flood to get some money as an example.
  So let's just understand in this body, so that there is no mistake, 
that New York and surrounding areas will get their money because the 
principle of FEMA money--and probably other disaster money as well--is 
simply this: At the beginning of a year, you have some money in FEMA. 
You never know what the disasters are going to be throughout the next 
12 months, but when a disaster is declared there is money there to 
flow. When that disaster money runs out, as far as I know it has always 
been replaced--whether there is an earthquake in California or a 
hurricane in the Gulf of Mexico, or tornadoes like we have in the 
Midwest, and Sandy as the most recent example.
  As far as I know, there has never been any dispute under the laws at 
that time--and those laws don't change very often--that they do get the 
money out to the people who need it. Then when that fund goes dry, it 
is replenished by Congress.
  Unless somebody is seeking money in some way other than disasters 
that have been taken care of in this particular instance--and I don't 
know that they are, other than what has been pointed out that ought to 
be done through the appropriations process and

[[Page 18046]]

not really an emergency. But for the emergency, I don't hear anybody 
wanting money for Sandy any different than any other emergency.
  I hope nobody is saying that Sandy ought to be treated differently 
than an earthquake in California or a hurricane in the South or 
tornadoes in the Midwest or wherever they might happen. I haven't 
surmised that is what they are trying to do. But if they are, they 
shouldn't say that Sandy ought to be treated differently than another 
disaster because generally a disaster is a disaster--whether it is an 
earthquake, hurricane, tornado, or Sandy.
  So the money is going to be there, and it will be there on time. You 
don't know 1 month after a disaster exactly how much money is needed. 
In fact, they asked for $80 billion from the Governors of those States. 
The President sent up $64 billion. Some people of expertise on this in 
our caucus have said there are certain things that aren't authorized, 
so that shouldn't be expended.
  Then I point out about some vehicles that can't be purchased right 
now to do the good they are supposed to do.
  We ought to be comforted that there is an attitude in this Senate, 
over decades, that the Federal Government is an insurer of last resort 
for disasters, whatever kind of disaster you have, at least disasters 
as described by existing law. New York will get its money and it 
doesn't necessarily have to be the $64 million; it is just to make sure 
there is money there for what is needed tomorrow and the next day and 
the next day. But we are not going to have a final figure on this for a 
long time. So we ought to move with some money to make sure it is there 
for what can be spent right now.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Franken). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Tribute To Janice Shelton

  Mr. REID. Mr. President, I rise today to honor a woman by the name of 
Janice Shelton for her friendship and 32 years of dedication as an 
employee of this body, the Senate. Twenty-five of those years Janice 
worked as my executive assistant. She has demonstrated sincere 
dedication to me, my office, my family, and this body, the Senate. It 
is an understatement to say she will be sorely missed. She will be. She 
has always been kind and thoughtful to me, to my wife Landra, all my 
children, and to everyone with whom she comes in contact. If there is a 
problem, everyone knows: Go to Janice. No one has had my ear over the 
past 25 years like Janice Shelton has.
  She has spent her professional career creating order where there 
could easily be chaos. Over the course of her productive career with 
the Army, the White House, and the Senate, each benefited from her 
unique expertise, professionalism, and hard work.
  She began her professional life at the Department of the Army as 
secretary to the Chief of the Personnel and Training Division 
Headquarters. Her gift of completing tasks quickly and with ease, all 
while maintaining a positive outlook, served her well when she moved on 
to a position of trust at the White House. It is not merely her 
professionalism but the equally valued personal qualities she has 
brought to the job: graciousness, unflagging energy, and a willingness 
to take on any task, large or small, that made her so treasured to 
everyone who came in contact with her.
  From the White House she transited to the Senate with Senator Hawkins 
and Senator Mikulski and, as I said, for the last 25 years has been a 
source of calm and order in my office, despite the often long hours and 
the endless to-do lists that come with working with me. I say with 
certainty that had it not been for Janice, my office would not have 
functioned nearly as smoothly as it has over the years.
  She is also a woman of tremendous faith and her life revolves around 
her family. She has been married to Robert Lee Shelton for 58 years. 
They have two daughters, Robin LeCroy and Laurie Nelson. She has eight 
grandchildren and one great-grandson. I know four of her grandchildren. 
I got up every Sunday to see what happened in Shelton's college 
football game. Shelton was big. He was an offensive lineman--played at 
the college level. He must have weighed 300 pounds of muscle.
  I followed Shelton's little brother--little brother?--6 foot 3 or 4, 
a big, strapping, left-handed pitcher; also a college baseball player. 
And then I had two of her granddaughters who worked for us as pages, 
Rebecca and Holly.
  She spends long hours at her desk. I do not go home early but I could 
call and she would be there at 9, 10 clock at night, and that is no 
exaggeration. But when she is not at that desk, Janice was usually in 
Georgia or North Carolina with her children or grandchildren.
  She has probably been a little bit political, but I think she has 
gotten a little more political working for me. She has made sure each 
of her grandchildren understands the importance of their political 
voice. During the recent election she called those eligible to vote to 
make sure they had voted. I did not press very hard, but she may have 
urged them how they should vote.
  While Janice's professional accomplishments deserve great 
recognition, it is really Janice herself who will be missed so dearly. 
She has served not only as a deeply trusted and committed assistant to 
me, but as a mentor to many who have worked with her. I know I am not 
the only one who will note her absence. She has been so wonderful to my 
family. During times of crisis, my boys know: Call Janice. They can 
always get through to me through Janice. She has given them advice. She 
has counseled them. My wife Landra is a dear friend of Janice and 
conversely the case, Janice is her good friend. She has helped Landra 
in so many different ways--social events that Landra has committed to 
take care of here, because of what I do, and other reasons.
  During Landra's very bad accident Janice was always there. She was 
the one who walked to my desk and said to me: Landra has been hurt 
pretty bad. You have to stop doing what you are doing--and we were 
trying to do a health care bill. During Landra's battle with breast 
cancer she has helped her in so many different ways. I am so indebted 
to Janice for how she has treated my family in addition to how she has 
treated me and everyone who comes in contact with her.
  At our Christmas party last night, we gave Janice a little present. I 
told everyone there that she and I had shed all the tears that we were 
going to. I guess it was not true.
  She combined an unflinching honesty with a generous and kind nature. 
One always trusts she has one's best interests at heart. Her charm 
causes even the hardest cases, many times, to crack a smile. And her 
quick wit often brings a grin or a smile, sometimes a laugh. These 
traits, more so even than her skill and dedication, have made her 
successful.
  I will miss her both as an employee and as a person. Today is her 
last day--just a few more hours to work here.
  On the back of my desk I have a picture of my mentor, Michael 
Callahan. In fact, I have two pictures on my credenza right behind my 
desk. He was my mentor and my best friend. He taught me something that 
I have always remembered: You can buy a resume, you can buy good looks, 
education, experience, but the one thing you cannot buy is loyalty. 
There is no one who has ever been more loyal to me than Janice Shelton.
  I congratulate her on her service to the Senate and wish her the best 
in her retirement, along with her dear friend Bobby, who is also my 
friend and always will be.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. COONS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.

[[Page 18047]]

  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Remembering Daniel K. Inouye

  Mr. COONS. Mr. President, this has been a hard week in the Senate as 
we have said goodbye. As we have just seen in the remarks of the 
majority leader, retirements are very difficult. Parting with the 
company of honored and treasured colleagues in the Senate is as hard as 
it is anywhere in the world, but we have had some particularly 
difficult moments earlier today. We assembled in the Rotunda of this 
great building of the Capitol to celebrate the life of one of our 
greatest colleagues, Senator Dan Inouye of Hawaii. His desk sits draped 
in black, and his chair has a lei that was flown in from his home State 
of Hawaii.
  This week we have all felt and known the change in the Chamber. The 
Senate has lost a giant and America has lost a hero. Danny Inouye was 
truly a great man, and I feel blessed in my 2 years here to have had 
the opportunity to sit with him over a private lunch, to joke with him 
occasionally in the anteroom, and to learn something of his spirit and 
his personality. He had such a big heart and a wonderfully gracious 
spirit.
  Most of the Senators I have had the honor to come to know in these 2 
years I only knew from a great distance as a local elected official or 
as someone in the business community at home in Delaware. When I asked 
Senator Inouye to lunch, I was intimidated. As a Congressional Medal of 
Honor winner, as a giant in the Senate, as the chairman of the 
Appropriations Committee, and the President pro tempore of this Senate, 
frankly, I trembled to sit with him at a lunch and was delighted to 
discover a person who was so approachable, so warm, so human, so hard 
working, so loyal, so spirited, and so passionate. In the minutes 
ahead, I would like to share, if I can, a few insights about a dozen 
other Senators who are retiring from this body and a few among them 
whom I have had the joy of getting to know in the last 2 years.
  We don't often see the level of humanity in the Senate that we have 
seen this week, but it is important to know that the people who work in 
this building can be better than the passing politics that sometimes 
dominates, and Senator Danny Inouye knew that. His enduring friendship 
with Senator Ted Stevens, a Republican from Alaska, was legendary. He 
believed passionately that it was important for us to work together and 
to get past party affiliation and the picayune matters and get together 
to do right for our country.
  Of the many speeches I heard in this Chamber and the remarks we heard 
earlier today in the Capitol Rotunda, one thing leaps out at me about 
Danny Inouye: Even when he was declared an enemy alien--as were all of 
his ancestry at the outset of one of the greatest conflicts this world 
has known--Senator Inouye volunteered for service in Europe. He was a 
member of our most decorated military unit, the 442nd Combat Battalion. 
He engaged in the fields of Europe and the hill country of Italy in a 
moment of such personal sacrifice and remarkable bravery as to humble 
any who hear its details.
  In his service over decades after that moment, he proved what he 
showed forth on that battlefield: that Danny Inouye believed in America 
even before America believed in him. Even in a moment of such immense 
injustice, which was bitterly unreal to thousands of people across this 
country of Japanese ancestry, this man's great heart, aloha spirit, and 
embrace of the American dream led us forward. He pulled us into the 
greatness that was meant for this country.
  The star of Senator Inouye may have dimmed in this Chamber that is 
surrounded in its boarder by stars, but as I share the honor as the 
Presiding Officer over this Chamber, I will--in the days and months and 
years ahead--look to our flag and remember this Senator. He represented 
the 50th State, the State of Hawaii, from its very first moment of 
joining the stars on our flag in statehood. He has shown ever more 
brightly in his decades of service here, and that example of service 
pulls us forward into an ever brighter commitment to human dignity, 
decency, and the respect for all in this country that his lifelong 
service challenged us to believe in.
  There are so many other Senators I want to speak about today, but let 
me turn to a few, if I might, and give some insight for the folks who 
only see Members of this Chamber on cable TV shows or in the give-and-
take of election season or who only know them as the cutout and 
caricatures that the public thinks of as Senators. If there is a common 
thread between them, it is that they share that loyalty, work ethic, 
and humility that so characterized Senator Inouye in his decades here.


                               Dick Lugar

  I had the honor to serve with Senator Dick Lugar of Indiana on the 
Foreign Relations Committee. He subscribes to the same philosophy. Over 
the 35 years he served in the Senate, he applied the practical 
perspective that experience as the mayor of Indianapolis gave him. He 
worked to make the world a safer place for all of us.
  Along with nine of our colleagues, Senator Lugar will retire from 
this Chamber this month after a remarkable career. He knew the stakes 
were too high to let partisan politics and personality prevent 
progress. He partnered with Senator John Kerry, Senator Sam Nunn, and 
then-Senator Joe Biden of Delaware on the Foreign Relations Committee. 
Because of their work together, there are thousands fewer nuclear 
weapons in our world. Serving with Dick Lugar these last 2 years has 
been a tremendous honor.


                                Jim Webb

  Serving with Senator Jim Webb of Virginia has also been an honor. He, 
too, is also a member of the Foreign Relations Committee. As a retiring 
colleague, he knows there are things in this world and in our lives 
more important than our politics. He was a decorated marine, a 
celebrated author, a former Secretary of the Navy, and now a respected 
Senator. His tireless work has helped to make the world safer, our 
veterans stronger, and our criminal justice system more fair. I will 
truly miss his company.


                              Kent Conrad

  There are a few more retiring Senators I would like to share some 
more detailed stories about today, and I will start with the chairman 
from the Budget Committee, Senator Conrad. Senator Kent Conrad of North 
Dakota is a Senator I met many years ago. But if I am going to talk 
about him, I believe I have to have a chart. I really cannot speak to 
Kent Conrad's service and record in the Senate without a chart.
  For decades Senator Conrad tackled the challenge of educating the men 
and women of the Senate and the people of this country about the very 
real fiscal and budgetary challenges facing our country. As we can see, 
especially after the debut of Microsoft Excel, and then after he was 
named Budget Committee chair, the steady increase and usage of floor 
charts by Senator Conrad has paved a path which few of us can hope to 
find.
  Senator Conrad is a budget wonk after my own heart. He is a numbers 
guy. He is not afraid to get into the weeds and to project in a clear 
and legible format the minutia and magnifying details of the complex 
Federal budget. I am not sure I have met anyone in the Senate so 
passionately serious about the numbers and getting them right as my 
friend, Senator Conrad.
  The first time I met him was more than 15 years ago. He had come to 
Wilmington for an event that then-Senator Biden hosted at the Delaware 
art museum. There were 200 folks in a big auditorium. I will never 
forget Senator Biden introducing Senator Conrad as the most thoughtful 
and detailed budget leader in Washington.
  Senator Conrad stood up and fired up the overhead projector, the 
lights dimmed, and he launched into a lengthy discourse on the minutia 
of the Federal budget and deficit. After 30 minutes and more than 40 
slides later, the lights came back up, and I think there were maybe 20 
of us left in the auditorium. Everyone else wandered outside for the 
cocktails.

[[Page 18048]]

  I was enthralled by his presentation, the clarity of his thinking, 
and his dedication to get things right for the American people. Today I 
am on the Budget Committee, and I have enjoyed serving with Senator 
Conrad as my chairman. It was, for this budget nerd, a dream come true 
to have the chance to show up on time and know that this Budget 
Committee chairman was the other member of the committee who always 
showed up on time. It gave us a moment to reflect on the challenges we 
faced and the very real solutions he has offered over these many years 
of service.
  Senator Conrad has earned the deserved respect of his colleagues the 
old-fashioned way: through hard work, attention to detail, and 
thoughtful leadership. He has been trying and working hard for many 
years to get us to make the tough choices in the Senate that we need to 
make to deal with our national debt. He has not given up, and I don't 
intend to either. I am grateful for his friendship and service.


                             Jeff Bingaman

  Another full committee chairman with whom I have had the honor to 
serve these past 2 years is Senator Bingaman of New Mexico, chairman of 
the Energy Committee. He is one of the kindest, smartest, gentlest 
people I have ever met. He has been a pleasure to work with on the 
Energy and Natural Resource Committee.
  I remember we were both speaking at a conference on advanced energy 
research last year out at National Harbor. Thousands of scientists, 
investors, and entrepreneurs were there. I pulled up in front of the 
massive convention hall, and right out in front was a Prius with New 
Mexico plates. Sure enough, Chairman Jeff Bingaman jumped out of the 
driver's seat with no staff.
  Here was the chairman of the Energy Committee and a Senator for 
nearly 30 years driving himself to a major policy speech in his Prius. 
He practiced what he preached as he prepared to deliver an important 
speech in a moment that showed his humility.
  As unassuming a man as Senator Bingaman is, when he speaks, you 
listen. He is living proof that the value of one's words can and should 
exceed their volume. On that day at National Harbor, Senator Bingaman 
delivered a message similar to one he had given a decade earlier in a 
report entitled ``Rising Above the Gathering Storm.'' Senator Bingaman 
saw that this country was falling behind in the race for innovation and 
investment in research and education. These are things that lay the 
foundation for long-term competitiveness. This vision and concern 
haunted him, so he teamed up with our great colleague from Tennessee, 
Lamar Alexander, and challenged the National Academy of Sciences to 
study this trend and offer recommendations. From that challenge, we got 
the Seminole study, ``Rising Above the Gathering Storm.''
  It asked what it would take for America to continue to lead in 
innovation. That led to the America COMPETES Act and the creation of 
ARPAE, the Advanced Research Projects Agency for Energy. The very 
conference at which we had been speaking was the ARPAE annual 
conference. Both of these important accomplishments played vital roles 
in our future competitiveness. They are focused on nurturing innovation 
and creating a political system where political, scientific, and 
economic forces work together and not against each other.
  That is Jeff Bingaman. That is his sweeping, long-range vision, and 
one we should all heed. His commitment to thoughtful and forward-
looking service on our Nation's long-term competitiveness will be 
sorely missed. But even more, I know many of us will miss his reserved, 
dignified passion.


                               Herb Kohl

  I had a similar experience with Senator Herb Kohl, my colleague on 
the Judiciary Committee. I remember in my first few months there that 
Senator Kohl spoke so rarely that when I first heard him speak at an 
event on the manufacturing extension partnership--one of his passions, 
and mine--I was struck by the power and reach of his voice. It is 
because he uses it so sparingly, but his example speaks even louder. He 
never sought the spotlight here but worked tirelessly to make a 
difference fighting for the little guy on antitrust issues in the 
Judiciary Committee.
  He believes, as do I, if an American entrepreneur has a great idea, 
we should help protect that idea by preventing trade secret theft and 
other intellectual property threats. We also share a deep commitment to 
the idea that higher education should be more accessible and affordable 
to every student who wants to pursue it. I am honored to have the 
opportunity to take up from Senator Kohl's work on these and other 
important issues.
  Outside this Chamber Senator Kohl has just as strong a voice and 
broad an impact with his philanthropy, but we would never hear him 
speak about it; that is just not his style. He has earned my abiding 
respect with his unassuming grace and his determined leadership.


                             Joe Lieberman

  Those who adhere to the Jewish faith around the world are inspired by 
the ancient concept of ``tikkun olam''--``to heal the world''--to 
challenge each of us who seek to serve each other and our communities. 
Like Senator Kohl, my dear friend Senator Joe Lieberman has certainly 
risen to that challenge. He is a man deeply committed to his faith, 
which has significantly influenced his career and his drive to serve, 
and it is something I share with Senator Lieberman.
  On my very first congressional delegation, my first trip as a Senator 
just a few months after being sworn in, I visited Pakistan, 
Afghanistan, Jordan, and Israel. Senator Lieberman was on a different 
codel, and our paths crossed and we got to share a shabbat dinner at 
the David Citadel Hotel in Jerusalem one night. As he was crossing the 
room for us to sit, I realized he could be elected mayor of Jerusalem.
  As we sat and broke bread and shared, it was a great comfort for me. 
Earlier that day I had gotten word that Delaware had lost one of our 
great leaders, Muriel Gilman, a personal friend and a remarkable leader 
and a person of kindness and spirit. She was a pioneer for women in my 
State and personified this spirit of tikkun olam. So over dinner that 
night in Jerusalem, Senator Lieberman and I talked about Muriel, about 
what I had seen in Jordan and in Israel, Afghanistan and Pakistan, and 
my experience on my first trip as a Senator. It was a remarkable 
moment. Senator Lieberman was engaging and warm, interesting and 
passionate as we wove between talk about policy and faith, and he 
reflected with me on the point of his own life when his religion became 
his faith, when he really took ownership of the religion of his birth 
and how that faith and its lessons have shaped his public service. For 
me as a young Senator, it was a formative moment.
  His passion for the stability of the world and the security of the 
United States and our vital ally, Israel, and his dedicated work for 
the clarity of the air we breathe and his tireless advocacy for the 
equality of all Americans regardless of whom they love have been an 
inspiration. His desire to work together and find responsible 
compromise has been motivating.
  I am deeply grateful to Joe Lieberman for his service, his counsel, 
his friendship, and his lesson that no matter what faith tradition we 
are from, we can use our service in this Chamber as an opportunity to 
repair our world.
  So here we are, 5 days before my family celebrates Christmas and 12 
days before the new year and the beginning of the so-called fiscal 
cliff. Our politics have paralyzed this Chamber and this town. But what 
the example of all of these remarkable Senators has shown us, what it 
has taught me is that we can still be better than our politics.
  The humanity of this place, too often shoved aside by the politics of 
the moment, shows us that we can do better. One by one, these Senators, 
in delivering their farewell addresses to this Chamber, stood at their 
desks and each in turn urged us to find a way to return to the days 
when Senators knew each other and worked together. What will it take to 
get us to that point again--a horrific tragedy in an elementary school, 
a dangerous economic cliff, some devastating attack, a cyber assault on 
America?

[[Page 18049]]

  Our retiring colleagues are each telling us, each in turn, that it is 
not too late to restore the humanity of this Chamber and make a 
positive difference in the lives of all we serve. Will we heed their 
call? I hope and pray we will because we can do better. We must do 
better. And in the spirit of each of these departing colleagues, I will 
do my level best. I hope we all can commit to doing the same.
  Thank you, and I yield the floor.
  The PRESIDING OFFICER. The Senator have Louisiana.


                            Too Big to Fail

  Mr. VITTER. Mr. President, as we continue to face enormous economic 
challenges and uncertainty, I rise to join with others in continuing to 
express concern about too-big-to-fail--a policy we saw clearly in large 
measure coming out of the 2008 crisis and a policy many of us think 
continues to this day and puts the American taxpayer and the American 
economy at great risk.
  This isn't a Republican concern or a Democratic concern; it is not 
just a conservative concern or a liberal concern. A lot of us on both 
sides of the aisle have this concern. A good example is a Democratic 
colleague I have been working closely with on these ideas--Senator 
Sherrod Brown of Ohio. We both serve on the Banking Committee. We 
disagree on a lot of issues outside and within the Banking Committee's 
jurisdiction, but we agree on some things too, including real concern 
about too-big-to-fail institutions and the continuation of the implicit 
policy of too-big-to-fail. That is why he and I have come together on a 
number of fronts related thereto, including legislation we can pass 
this week before we end this Congress that would simply authorize a 
study. It is an important GAO study about too-big-to-fail and those 
institutions.
  The idea is very simple. We would ask the GAO--a clearly nonpartisan, 
clearly expert entity with a lot of smarts, with a lot of ability to do 
valid, unbiased research--to study whether there is an implicit policy 
of too-big-to-fail with regard to our largest financial institutions 
and, if so, what benefits that implicit taxpayer guarantee gives those 
institutions.
  Specifically, it would look at bank holding companies with $500 
billion or more of consolidated assets, and it would look specifically 
at three things, among others: first, the favorable pricing of the debt 
of those institutions resulting from the perception that those 
institutions would again be bailed out during times of financial stress 
as they were during 2008; second, any favorable funding or economic 
treatment they received from increased credit ratings directly 
resulting from perceived government support; and third, the favorable 
economic benefit of the 2008 bailouts and existing safety nets of the 
Federal Reserve and FDIC. I think these questions are very legitimate, 
and having an unbiased, academic look at that would be very helpful in 
terms of our continuing work on these issues.
  We talk about this and debate this all the time. Wouldn't it be 
useful to have an unbiased, apolitical, expert source look at these 
questions: Do these big institutions with $500 billion or more in 
consolidated assets--are they considered too-big-to-fail by the market, 
and does that perception give them advantages, such as favorable 
pricing of debt, such as favorable funding or economic treatment from 
their increased credit ratings, et cetera?
  There is a lot at stake. It would be very helpful to have factual, 
unbiased answers to these questions.
  First of all, there is a whole question of too-big-to-fail continuing 
to exist, and I believe it does. This would put nonpartisan eyes on the 
question and give us a good sense of, do we have more work to do if, in 
fact, we want to get rid of too-big-to-fail, which we, virtually to a 
person in this Chamber, profess we want to get rid of. Secondly, to the 
extent too-big-to-fail continues as a policy and/or a perception, is it 
giving advantages to these institutions, market advantages, market 
distortions--which, by the way, if they are the winners, there also by 
definition have to be losers, which are the smaller institutions that 
are at a competitive disadvantage because of these market distortions, 
because of these advantages that too-big-to-fail gives these mega-
institutions.
  So I hope this is pretty much a no-brainer. It is a study. It doesn't 
mandate any actions, and it asks valid questions to which getting 
unbiased answers would be very helpful in our continuing work. That is 
why Senator Sherrod Brown and I have come together in a bipartisan way 
to ask these questions. We have developed legislation mandating this 
GAO study, and we are trying to get what we consider to be very 
noncontroversial legislation passed before the end of the year.
  As it stands now, we have cleared this legislation on the Republican 
side. Every Republican Member is perfectly willing to let this pass by 
unanimous consent. That process has just begun on the Democratic side. 
I urge all of my colleagues to follow the lead of Sherrod Brown to 
allow us to ask and get unbiased answers to these very legitimate 
questions. I urge everyone on that side to clear it themselves, to join 
us on our side in clearing it so we can pass it through the Senate and 
get this passed in the House, hopefully on the consent calendar, which 
we are already working on. That clearing process will take a little bit 
of time, but I look forward to coming back and having it cleared by UC. 
I will probably ask for a live UC at some appropriate point tonight or 
tomorrow when everyone has clearly had a chance to look at the study 
legislation.
  I look forward to our coming together, I think in a very sound way, 
asking these legitimate questions, asking a nonpolitical expert entity 
to give us valid answers to these questions so we can move forward with 
the proper policymaking.
  Thank you, Mr. President. I yield the floor. I suggest the absence of 
a quorum.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mrs. HAGAN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HAGAN. I ask unanimous consent to speak for up to 15 minutes as 
in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Remembering Our Armed Forces

  Mrs. HAGAN. Mr. President, just a few months ago I spoke on the 
Senate floor about the men and women of our Armed Forces who are 
deployed overseas. Particularly, I spoke about remembering the men and 
women who give selflessly of themselves, who died for the good of our 
Nation; these souls who live lives illuminated by purpose and who 
travel long roads paved with sacrifice. They are the important 1 
percent, the tiny fraction who go wherever in the world our country 
asks them to go, who honorably shoulder the burden of fear and 
sacrifice for the rest of us because they love this country and believe 
in defending it.
  Today, as we prepare to celebrate the holiday season with our family 
and loved ones, I once again wish to ask each and every one of my 
colleagues to remember these men and women, these great souls whose 
belief in this country is so great they willingly and without 
qualification put life and limb on the line so that 99 percent of us 
don't have to spend our days and nights wondering if our loved ones are 
safe.
  Remember that we are still a nation at war, that there are over 
170,000 members of our Armed Forces deployed, many of them in harm's 
way, and many of them are from my home State of North Carolina. This 
year these deployed servicemembers will not be celebrating with those 
near and dear to them because they will be on watch protecting the very 
freedoms and the way of life we hold so dear. Our service men and women 
don't ask for anything from us, but please think of them, remember 
them, thank them, and please keep them in your prayers.
  Remember the sacrifices endured by so many of our military families 
who are at home now without their dad, mom, brother, sister, husband, 
or wife. And most importantly at this time of year and always, remember 
that there are many servicemembers who will

[[Page 18050]]

never come home. While many families miss their loved ones now, 
especially during the holiday season, some will endure that loss for 
the rest of their lives. These husbands and wives, moms and dads, 
brothers and sisters, sons and daughters did not bargain for the pain 
of waking up each and every day without their partner, a child, a 
friend, or the person who used to tuck them into bed each night. They 
did not ask to spend the rest of their lives missing someone so 
important to them. Remember them as you do your holiday shopping, go to 
parties, exchange gifts, and otherwise get caught up in the spirit of 
the season.


                         SGT Justin C. Marquez

  Remember the family of SGT Justin C. Marquez, U.S. Army, from 
Aberdeen, NC. Justin died this past October 6 from small arms fire 
wounds he received while on foot patrol in Wardak Province, 
Afghanistan, just 1 month after he arrived in theater. Justin was 25 
years old.
  I spoke with Justin's mom Terry. She told me that as a boy, Justin 
questioned authority--a lot. But she said it was always because he was 
standing up for what he thought was right, defending someone else 
against an injustice or prejudice.
  Justin was a good son. He believed in helping others, standing up for 
others. He was a kid other parents trusted and a big brother to many--a 
neighborhood guardian, if you will. His house was the weekend hangout. 
Younger kids would come over. When his mom questioned when the younger 
kids should go home, her son told her: Mom, don't worry. They are happy 
being here. Not everyone has the fairytale life like our family does.
  Justin's family was a little surprised when he announced that he 
wanted to join the Army at 18. They wanted him to finish school, to 
continue growing up, but Justin had other plans. He wanted to go out in 
the world and make a difference for others, and the Army was how he was 
going to do this. He was eager to do his part--to stand for our 
country, our government, our people, and our way of life. He understood 
how precious our freedoms are and how fortunate he was to be an 
American.
  Justin's life was cut short, tragically so, but his dad, mom, and 
twin brother got to see him grow from a boy to a man. He made their 
lives full and challenged them to be better people. According to Terry, 
his mom, as Justin grew up in the Army, he was like a fine wine: he 
just kept getting better with age.
  Justin understood that the freedoms we enjoy as citizens of our great 
Nation are precious and valuable. He believed in protecting others. He 
believed in making the world a better place. He believed in standing so 
that others might not have to.
  Interestingly, Justin's mom brought Justin and his twin brother Drew 
to Washington, DC, when they were in middle school. They sat in the 
gallery in this very Chamber. I think it is fitting that we remember 
and honor him here.
  SGT Justin C. Marquez was a dedicated soldier. He had found his 
purpose. He believed in what he was doing. We must remember how 
fortunate we are to have countrymen like him--people committed to 
fighting for the freedoms we so often take for granted.
  Mrs. Marquez shared with me that she does not worry about Justin 
anymore. He is taken care of and is safe now. But because of him, she 
now worries for all the other soldiers. We all need to keep these men 
and women in mind too and support them and stand with them and their 
families.


                      Corporal Daniel L. Linnabary

  We also need to remember the family of Cpl Daniel L. Linnabary, U.S. 
Marine Corps, from Hubert, NC. Daniel died on August 6 at the age of 23 
while conducting combat operations in Helmand Province, Afghanistan.
  Dan always wanted to be a marine. He made his decision at the early 
age of 4 and wanted to be a marine until the day he died. He was the 
third generation of his family to serve in the Marine Corps, and for 46 
years there has been at least one Linnabary in the Marine Corps. No 
wonder he knew he wanted to be a marine at such a young age.
  Dan loved the Corps, but more than that he loved his wife of just a 
year, Chelsea, and baby daughter Rosalie. I spoke with Dan's wife 
Chelsea, and she impressed upon me that Dan was much more than a 
marine. She needed me to know that he was first and foremost a good 
husband and a good father, just a really great guy who loved his wife 
and loved being a dad.
  Dan's baby girl Rosalie just turned 7 months old this past weekend. 
Dan got to spend only 7 weeks with her before deploying--3 of those 
weeks an extra blessing because baby Rosalie was in such a hurry to 
meet her dad that she arrived 3 weeks early. From the minute Dan first 
held his tiny daughter, he and everyone else knew that he was made to 
be a dad, that he would always love and do whatever was necessary to 
care for his family. Now Rosalie will grow up with only photos of her 
dad, but she will always have a connection to him through those who 
served with him.
  The men of 2nd Tank Battalion have told Dan's wife that they look 
forward to meeting baby Rosalie when they get back from their 
deployment early next year. That is just what these men and women do. 
They look out for one another and the families who are left behind. 
Yes, they are servicemembers, but first and foremost they are human 
beings putting others before themselves. We need to follow their lead.
  Another thing Chelsea shared with me is that Dan loved her enough to 
be honest with her always. He did not sugarcoat things. He prepared her 
as much as anyone could for any eventuality. But how much can you 
really prepare someone to live the rest of their life without their 
soulmate? To raise their daughter without her dad? To explain to her 
that dad gave his life to protect others--especially when too many of 
us are not even aware of these sacrifices?
  Dan was a marine. He was doing what he believed in. His wife knew 
that it was a dangerous job and that the worst could happen because Dan 
told her. She just never thought it would be on this, his first 
deployment, or in this war. He died fighting for our freedoms and lived 
by a code that most of us will never understand but for which we must 
be thankful.
  As you spend time with your loved ones this season, remember Cpl Dan 
Linnabary and thank him.
  This is a time of year about belief. Different cultures and different 
faiths have different beliefs. And this is what makes our country the 
greatest Nation on Earth. Be it faith, politics, or other things, we 
are all free to believe what we choose. And we must remember that there 
are special men and women in this world, oftentimes strangers to us, 
who are willing to give their lives for our right to believe in what we 
choose. But one thing we should all agree upon is that we must--we 
must--stand behind and beside the men and women who are willing to pay 
a debt they do not owe so that other Americans do not have to.
  Our servicemembers are from our small towns, our big cities, and our 
rural areas. They are our neighbors, they are our fellow Americans, and 
they are my fellow North Carolinians. Justin C. Marquez, Daniel 
Linnabary--just a couple of the heroes who lived among us. We must 
remember them and honor them now and always.
  So at this time of the year, I wish to extend my warmest wishes of 
the holiday season to our servicemembers, both those serving now and 
those who have gone before us, and to the families and friends who 
cannot be with their loved ones.
  Thank you, Mr. President.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. MORAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MORAN. Mr. President, I ask unanimous consent to address the 
Senate as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                         Tribute to Roger Barta

  Mr. MORAN. Mr. President, there are certainly so many serious issues 
that

[[Page 18051]]

we face in this country, and so many tragedies have occurred. I was on 
the floor earlier this week paying tribute to the lost lives in 
Connecticut and the two police officers killed in the line of duty in 
Topeka, KS, this week and the death of our colleague--certainly serious 
issues that we face--and now awaiting the House to pass legislation in 
regard to the fiscal cliff.
  This is perhaps a lighter subject. I want to pay tribute to something 
that is such a great tradition in our State of Kansas and really across 
the country. Football is something that is important to communities 
across my State. On Friday nights, in the fall of each year, thousands 
of Americans gather at their local high school football fields to cheer 
on their favorite teams. This tradition has stood strong for decades on 
the Kansas prairie, but it is especially true in a little town not too 
far from my hometown, in the town of Smith Center.
  There are few if any high school football fans in our State who are 
unaware of Smith Center's reputation. Coach Roger Barta and his Redmen 
football team have won more than 320 games and 8 State championships--5 
of them in a row. They are even known here in Washington, DC.
  A few years ago, when they were on their 79-game winning streak, 
people would come to me and ask me if I had ever heard of Smith Center, 
KS. And I would say: Certainly. Yes. What is the story? And they had 
read on the sports page that Smith Center had scored 74 points on 
another team in the first quarter. It turned out to be my hometown of 
Plainville. Mr. President, 74 points in the first quarter--this is an 
amazing team.
  Under the leadership of Coach Barta, the Redmen football team has set 
State and national records. That 79-game winning streak is a remarkable 
achievement, and it caught the attention of the New York Times. In 
fact, a New York Times sportswriter, Joe Drape, moved his family from 
New York City to Smith Center, KS, and lived there for an entire school 
year to chronicle the team's achievements and to write about the 
community. He tells their story in his best-selling book called ``Our 
Boys: A Perfect Season on the Plains with the Smith Center Redmen.''
  There are many reasons for this team's success that would, in fact, 
bring a New York Times reporter to this small town, but I think the 
community of Smith Center would agree with me that perhaps the greatest 
reason behind their success is their head coach--Coach Roger Barta. The 
coach's 323 victories place him among the top 5 coaches on the alltime 
Kansas football coaching wins list, and in 2007 he was named the 
Gatorade National Coach of the Year. But this season, after 35 years of 
coaching, Coach Barta announced he is ready to hang up his whistle and 
retire.
  I have had the opportunity to participate in several pregame coin 
flips with Coach Barta and his team over a number of seasons, including 
their 2009 State title game. Each time, I watched a very talented and 
sportsmanlike football team and a very spirited set of fans from Smith 
Center and across the region. Yet all the success this team has enjoyed 
on the field is not what makes them so remarkable. The truly 
exceptional work being done on the plains of Kansas is the development 
of character in the boys of the Smith Center football team. It is the 
respect the athletes learn to have for their teammates and opponents on 
the field. It is the integrity the boys are expected to have both on 
and off the field. And it is the hard-working spirit they take with 
them when they graduate.
  As a member of the Redmen football team, the athletes are not 
expected to just excel on the field but in the classroom and the 
community as well. From school plays to school concerts, the Redmen do 
more than simply play football. And Coach Barta serves more than just 
to coach football--he serves as a role model and mentor for young men 
and the community.
  I remember a story in the book that says when one of the team members 
violates a team rule--young fourth grade students in Smith Center, KS, 
have a player card, and that football team member who violates a rule 
has to go to the fourth grade member and explain his error in violation 
of the team rule and apologize to the fourth grader.
  Coach Barta's wife had this to say about her husband's commitment to 
the Redmen:

       Roger likes everything about football, but what he loves 
     most are the practices, the camaraderie, and watching the 
     boys learn a little more. He lets them know how much he wants 
     them to succeed.

  In the book about the Redmen, the writer Joe Drape extols the virtues 
we in America hold so dear. Humility, sacrifice, and unwavering 
commitment are all characteristics that are exemplified by the Redmen 
and their fans.
  But perhaps Coach Barta's greatest legacy as he leaves the coaching 
field in Smith Center is within the Smith Center city limits: former 
Redmen who left town for college or work but eventually returned home.
  Broch Hutchison, one of the Coach Barta's former players, is now an 
assistant coach, and he had this to say about working alongside Coach 
Barta:

       We've all had opportunities, but this is where we've 
     learned to love one another and work hard and build a 
     community. If we can have an impact on a kid's life like 
     Coach Barta, we want to do it in our hometown.

  This attitude exemplifies the teaching, coaching, and parenting 
philosophy of rural America. Our populations are dwindling and our 
communities are aging, but our commitment to raising responsible 
children and preparing them to be successful in life is something that 
will never leave us. I am thankful that Coach Barta and his staff 
understand this, and I am proud to come from a part of the country that 
remains committed to that way of life.
  Coach Barta summed it up best when he said this about his coaching 
philosophy:

       What we do real well around here is raise kids. . . . None 
     of this is really about football. What we're doing is sending 
     kids into life who know that every day means something.

  Congratulations to Coach Barta for his outstanding achievements over 
the last three decades. But most importantly, thank you, coach, for 
your investment in the lives of young men of Smith Center. Their lives 
are forever changed because of you.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. AKAKA. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. AKAKA. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


             Native Hawaiian Government Reorganization Act

  Mr. AKAKA. Mr. President, I rise as my friend, my colleague, my 
brother, Danny Inouye lies in state in the Capitol Rotunda just a few 
yards from where I stand now. In life, he received our Nation's highest 
military honor, the Medal of Honor. Today he is receiving a tribute 
reserved for just a handful of American heroes such as Abraham Lincoln.
  I come to the floor to speak about an important piece of legislation 
I developed and worked with Dan Inouye on for over 12 years. Today, in 
Senator Dan Inouye's honor, for all the people of Hawaii, I am asking 
the Senate to pass the Hawaiian Government Reorganization Act.
  Dan and I developed our bill to create a process that could address 
the many issues that continue to persist as a result of the legal 
overthrow of the Kingdom of Hawaii in 1893.
  As you know, Dan Inouye was a champion for Hawaii and worked every 
day of his honorable life to solve problems and help our island State.
  Dan also served on the Indian Affairs Committee for over 30 years and 
chaired it twice. He was an unwavering advocate for the United States' 
government-to-government relationships with native nations. He 
constantly reminded

[[Page 18052]]

our colleagues in the Senate about our Nation's trust responsibilities 
and our treaty obligations to America's first peoples. Dan believed 
that through self-determination and self-governance, these communities 
could thrive and contribute to the greatness of the United States.
  When asked how long the United States would have a trust 
responsibility to native communities, he would quote the treaties 
between the United States and native nations, which promised care and 
support as long as the Sun rises in the east and sets in the west.
  Dan Inouye's sheer determination to improve the lives of this 
country's indigenous peoples and make good on the promises America made 
to them led him to introduce more than 100 pieces of legislation on 
behalf of American Indians, Alaska Natives, and Native Hawaiians.
  Senator Dan Inouye secured passage of the Native Hawaiian Health Care 
Improvement Act, the Native Hawaiian Education Act, the Hawaiian Home 
Lands Recovery Act, and the Native Hawaiian Homeownership Opportunity 
Act.
  He was instrumental in helping me to enact the apology resolution to 
the Native Hawaiian people for the suppression of their right of self-
determination. It was enacted on the 100th anniversary of the overthrow 
of the Kingdom of Hawaii.
  In 1999, Dan and I worked together to develop the Native Hawaiian 
Government Reorganization Act to give parity to Native Hawaiians. For 
over 12 years now, we worked together to pass the bill to ensure that 
Native Hawaiians have the same rights as other native peoples, and an 
opportunity to engage in the same government-to-government relationship 
the United States has already granted to over 560 native nations 
throughout this country, across the continental United States, and in 
Alaska, but not yet in Hawaii.
  Over the years, people have mischaracterized the intent and effect of 
our bill, so let me be plain. For me, as I know it was for Dan, this 
bill is about simple justice, fairness in Federal policy, and being a 
Nation that acknowledges that while we cannot undo history, we can 
right past wrongs and move forward. To us, this bill represented what 
is ``pono'' in Hawaii, what is just and right.
  Our bill is supported by President Barack Obama and the U.S. 
Departments of Justice and Interior. It has the strong support of 
Hawaii's Governor, the State legislature, and a large majority of the 
people of Hawaii. Our bill has the endorsement of the American Bar 
Association, the National Congress of American Indians, the Alaska 
Federation of Natives, and groups throughout the Native Hawaiian 
community.
  As a Senator and senior statesman, Senator Dan Inouye advocated that 
Congress do its job and legislate where native communities were 
concerned. Dan Inouye believed that a promise made should be a promise 
kept.
  In the days since my dear friend Dan's passing, there has been a 
tremendous outpouring of love from Hawaii and every other State in the 
Union. Native American communities across the country are mourning the 
loss and paying tribute to their great champion. Dan Inouye's absence 
will be felt in this Chamber and the Nation for many years to come. May 
his legacy live on for generations of Native Americans and inspire all 
Americans to always strive toward justice and reconciliation.
  I urge my colleagues to pass the Native Hawaiian Government 
Reorganization Act in the memory of Senator Daniel K. Inouye and his 
desire to provide parity to the Native Hawaiian people he loved so 
much.
  To Dan, I say: Aloha 'oe and a hui hou, my brother.
  Mr. President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                        Native American Affairs

  Ms. MURKOWSKI. Mr. President, I was watching my friend and colleague 
Senator Akaka as he was delivering his comments earlier about Senator 
Inouye and the legislation that both he and our dear friend and former 
colleague have worked so hard on over the years, and I wanted to come 
to the floor this evening and tell my friend that I am deeply 
appreciative of the words he has delivered as the chairman of the 
Senate Committee on Indian Affairs. I would certainly hope the Senate 
would respect the thinking the Senator has outlined as it relates to 
the Native Hawaiian Government Reorganization Act.
  As the Senator knows well, I have long been a supporter of that act. 
It is indeed an honor to have worked with him on it, as well as our 
dear friend and late colleague, Senator Inouye.
  This legislation has been going on for some 12 years now, and I think 
it is fair to say that it truly has been a bipartisan effort, not only 
here in Washington, DC, but in Hawaii as well.
  For several years, when Governor Lingle was Governor of Hawaii, she 
was back here helping on the Republican side of the aisle.
  I firmly believe this cause of Native Hawaiians is just. The native 
people of Hawaii are similarly situated to the native people of Alaska. 
Both are aboriginal peoples from former territories. Yet the fact is 
that the two peoples are not treated the same for purposes of Federal 
Indian law. The native people of Alaska are recognized as among the 
first peoples of the United States. Their tribes appear on the Interior 
Department's list of federally recognized Indian tribes, and they have 
access to important Federal Indian programs that truly have improved 
the quality of life for Alaska natives.
  The native people of Hawaii, however, are not federally recognized 
among the first peoples of the United States. For more than a decade 
now, efforts to provide Federal recognition have been filibustered, and 
I would suggest unjustly so.
  Senator Inouye and Senator Akaka have worked valiantly to create 
programs for Native Hawaiians that parallel those available to American 
Indians and Alaska Natives, but this is not enough. Justice demands 
that the native people of Hawaii earn the Federal recognition that is 
rightfully theirs.
  The time to provide parity and justice for Hawaii's native people is 
now. The Native Hawaiian Government Reorganization Act, which has 
passed out of the Senate Committee on Indian Affairs, I think is a 
responsible bill. It is a constitutional vehicle to accomplish this 
objective.
  We began our mourning paying tribute to our friend and former 
colleague Senator Inouye. As we think about Hawaii and its peoples, and 
as we remember the contributions of Senator Inouye, and as we recognize 
Senator Akaka as he departs from this body after years and years of 
honorable service, I would hope that within this body we would not 
forget the efforts they have worked on so valiantly.
  I will commit to my friend, Senator Akaka, that the cause the Senator 
has taken up, that he has worked on so hard with Senator Inouye, will 
not die until justice for the native people of Hawaii is achieved. I 
thank the Senator for his leadership.
  Mr. President, I was going to yield the floor, but I would like to 
take a moment to provide my remarks regarding Senator Akaka and his 
contribution here, if I may.


                            Daniel K. Akaka

  Mr. President, I rise to speak on behalf of my friend, my colleague, 
Senator Daniel Akaka, who is set to retire after 22 years of dedicated 
service in the Senate. He has been a personal friend to me, he has been 
a personal friend to my family, and to my parents. He and his wife 
Millie, a wonderful, beautiful woman, have been leaders on behalf of 
the people of Hawaii and have long been friends and partners to the 
people of Alaska.
  Senator Akaka has served our Nation and the great State of Hawaii 
honorably for nearly 70 years. That is an incredible contribution. His 
service

[[Page 18053]]

began in 1943, immediately following his graduation from the Kamehameha 
School for Boys in Honolulu. The Japanese attack on Pearl Harbor had 
taken place a year earlier, only 5 miles from his dormitory steps. In 
the hours immediately following that attack, Senator Akaka, who was a 
17-year-old ROTC cadet, helped his classmates search for paratroopers 
in the fields above his school grounds. Like so many others of his 
generation, Senator Akaka answered the call of duty, joined the U.S. 
Army, first with the Corps of Engineers as a mechanic and a welder, and 
later as a noncommissioned officer.
  In 1952, Senator Akaka used the GI bill to earn his degree in 
education from the University of Hawaii and began his lifelong 
dedication to our Nation's students, first as a teacher, then as a 
principal at a high school in Honolulu, and later with the Department 
of Health, Education and Welfare.
  Senator Akaka was first elected to the U.S. House of Representatives 
in 1976 and then went on to win six more elections. It was clearly 
evident to the people of Hawaii within that second congressional 
district they valued his passion and his dedication for the office. In 
1990, after the death of Senator Spark Matsunaga, Senator Akaka was 
appointed and then subsequently elected to the seat in the Senate that 
he has held for 22 years now.
  Senator Akaka's fortitude and his determination have not waned in 
these 70 years. As the first Native Hawaiian ever to serve in the 
Senate, and the only indigenous person currently serving in the Senate, 
he is a proven champion for American Indians, Alaska Natives, and 
Native Hawaiians. It was just in October of this year that Senator 
Akaka came to Alaska and was honored by the Alaska Federation of 
Natives with the Denali Award. This award is presented to an individual 
who is not an Alaska Native for their contributions to the growth and 
development of the Alaska Native community's culture, economy, and 
health. Senator Akaka has done that repeatedly over the years.
  The efforts he has worked on, whether it was bigger initiatives or 
whether to ensure the people in King Cove had access to an airport so 
their lives weren't threatened in a medical emergency and they could 
get out, Senator Akaka has stepped up to ensure the people of Alaska 
are cared for.
  It has truly been a pleasure to work with Senator Akaka over these 
past 10 years on the Senate Indian Affairs Committee. The chairmanship 
he has administered has been admired and appreciated by all of us who 
are on that committee.
  Senator Akaka's leadership, wisdom, and grasp of issues has helped us 
work together toward many visions and goals that we shared. The Save 
Native Women Act--a bill to help protect native women and children 
across our 565 federally recognized tribes--was largely incorporated 
into the Senate version of the 2012 Violence Against Women Act. We need 
to make sure that legislation passes. And again, as we think about the 
statistics that so many of our native peoples face, we need to make 
certain we are making appropriate gains and strides to help address 
them, and Chairman Akaka has worked with us on that. We fought to 
ensure the preservation of native languages not only in our communities 
but within our classrooms.
  As I mentioned, I have long supported the concept that Senator Inouye 
and Senator Akaka have championed with regard to Federal recognition of 
Native Hawaiians.
  But Senator Akaka is also special to two other constituencies--our 
Federal employees and our veterans. He is one of this body's leading 
experts on some of the more arcane laws that apply to Federal civil 
service. Alaska's Federal employees clearly appreciate his leadership 
on the Non-Foreign AREA Act, which made them eligible for locality pay 
that counts toward retirement. This is an issue in my State that took 
some time to negotiate and to move through, but the Federal employees 
in Alaska--as they are seeing the benefits of that locality pay--owe 
thanks and gratitude to the work of Senator Akaka. And of course he 
knows well the laws that govern the U.S. Postal Service probably as 
well as anyone in this body.
  During Senator Akaka's tenure as chairman of the Senate Veterans' 
Affairs Committee, this body has made great progress in ensuring that 
the VA had a budget commensurate with its needs. His contributions to 
ensuring that post-9/11 veterans had access to critically needed health 
and education resources will endure.
  As neighbors in the Pacific, Alaska and Hawaii have always shared a 
very special bond, not only because of our geography and our time 
differences. Every time I endure a 12-hour flight across the country to 
go home--and home is four time zones away--I am reminded that it takes 
Senator Akaka a couple hours more and one time zone more to get home. 
But it is not only our geography that binds us; we have many other 
similarities: our indigenous peoples, the relative youth of our States, 
our unique landscapes, and for years our delegations have worked 
together across the aisle for the good of our people.
  Senator Akaka's bipartisan approach, his willingness to work toward 
success, will be missed by myself and so many of our colleagues. And, 
of course, I don't think Senator Akaka would call it bipartisanship. He 
would call it aloha. We work in the aloha spirit.
  With that, I wish to tell my friend and my colleague, mahalo. From 
the bottom of my heart, mahalo. I am going to miss you, Senator Akaka. 
I am going to miss your wife Millie and your entire extended family. 
But as you return home to your beloved Hawaii, know that you have left 
an impression on so many.
  With that, Mr. Chairman, I yield the floor, and I suggest the absence 
of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. MERKLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________