Michael Bennet

Mr. BENNET

Mr. BENNET. Madam President, today I congratulate Bruce Randolph School in Denver, which President Obama recognized in the State of the Union Address for its remarkable turnaround. Just 3 years ago, Bruce Randolph was one of the lowest performing schools in my home State of Colorado, but last May, 97 percent of the seniors graduated, including many who will be the first in their families to go to college. I remember as superintendent working with the principal at the time, Kristin Waters, to get these turnaround efforts off the ground, and it is tremendous to see all the progress that has been made on behalf of the students at Bruce Randolph. The Bruce Randolph community has seen firsthand that school turnarounds are possible, and with hard work and flexibility, we can improve our schools to better prepare our kids for success in college and the 21st century job market. We truly can improve the lives of our kids when teachers, parents, principals and communities come together. And now we need to work together to bring similar turnaround efforts to other low-performing schools in Colorado and across the country. To build on successes like these, we need to put politics aside, listen to the ideas and aspirations of those closest to our kids, and work together to reform our public schools in a way that supports talented teaching, closes the achievement gap and equips our kids with the skills they are going to need to compete for the jobs of the 21st century. On a more personal note, for me, for one moment, in a place that sometimes feels so removed from the work being done in classrooms across the country, having the children and teachers of Bruce Randolph invoked as an example of what is possible in public education was very powerful. Congratulations again to teachers, parents, students and the principal at Bruce Randolph School. This is a great honor for all those involved in the turnaround effort and the continued success at Bruce Randolph School.

Mr. BENNET

Mr. BENNET. Mr. President, I rise today in support of reasonable efforts to reform the Senate Rules. The American people expect us to work together to find solutions to the problems of the day. Yet anyone watching this body can plainly see that a few Senate rules no longer work. I believe we should all be cautious and fair about respecting Senate tradition. But blindly adhering to tradition when the American people need us to take a fresh look helps no one. The rules have been changed before, when they needed to be. Anyone watching this place over the last 2 years will tell you that a few of the rules no longer serve us. They need to be reformed. We have seen consensus bills, supported by 80 or 90 Senators, get held up for many months because of a single Senator's secret objections. And we have moved well beyond the intended use of the filibuster for exceptional circumstances and to provide for extended debate. In fact, the filibuster has been so corrosive to this body that we rarely ever even have debate during filibusters. The average American turns on their TV and only sees endless live quorum calls. The American people are counting on us to get past the tired partisan bickering. This is not about Democrats and Republicans. It has to be about the American people, what is in their interests. Whether one Senator secretly holding up a nominee's career for a year is in their interests. Whether promoting filibusters that stifle, rather than promote debate, is in their interests. Whether we have to waste valuable Senate calendar days watching time run in silence, on bills everyone knows are going to pass, because the rules require it, is in the American people's interests. In my short time in the Senate, I have offered a number of reforms which would improve the ability of this body to function and help fix our broken politics. I introduced a rules reform proposal and have testified before our Rules Committee to explain it to colleagues on the Committee. My proposal would eliminate the filibuster on motions to proceed, that are used to stifle, rather than promote debate. I am all for extended debate, yet filibustering motions to even proceed to measures has the result of actually preventing the Senate from even addressing the important issues of the day. My resolution would also eliminate secret holds and place a time limit on all holds by individual Senators. And it would require filibustering Senators to actually show up and vote in order to continue to block legislation. As it is now, if you want to obstruct Senate business, you can just go home. How does this promote debate? My commonsense proposal only requires you to stand up and be counted if you want to filibuster a bill or a nomination. I don't have a monopoly on good ideas for reform. We have colleagues who have been here for many years with a lot to add to this discussion. And it is also healthy that so many new Members are introducing their own ideas. I am hopeful that we can achieve some consensus for the good of the country.

Mr. BENNET

Mr. BENNET. Mr. President, I rise today to state my strong support for the nomination of Bill Martinez to serve on the U.S. District Court for the District of Colorado. Having recommended his candidacy to the President, along with my colleague Senator Udall, I believe he is eminently qualified for the Federal bench. Bill was nominated to serve on the U.S. District Court for the District of Colorado in February of this year. His nomination cleared the Senate Judiciary Committee in April. Since then, he has been in a state of limbo awaiting a final vote allowing him to serve. That is why I am very grateful for the hard work of the Judiciary Committee, both Democrats and Republicans, who have moved this nomination forward and are trying to finish it before the end of the 111th Congress. Our State has two vacancies on the district court. Both vacancies are over 2 years old, with one close to 3 years old. Because there are only seven Federal judgeships in our State, the other judges are facing ever-growing caseloads, resulting in significant backlogs for those seeking justice. In fact, the administrative office of the courts has declared the vacancy situation in Colorado a judicial emergency. It is important that we move these nominations forward to prevent further backlogs and judicial emergencies, and I pledge to work with my colleagues on both sides of the aisle to make sure we can work together to confirm judicial nominees such as Bill Martinez in a timely manner. I believe, after careful review of Bill Martinez's experience, my colleagues will see this is someone well worth confirming. Bill is currently at a law firm in Denver, where he primarily represents plaintiffs in Federal and State courts and before arbitrators and administrative agencies. He is certified as AAA arbitrator in employment disputes. Prior to starting his own firm, he was a regional attorney of the U.S. EEOC in its Denver district office. Senator Udall will be going into more detail regarding this nominee. There, Bill had responsibility for the Commission's legal operations and Federal court enforcement litigation in the office's six-State jurisdiction. Before joining the EEOC, Bill worked in private practice on employment, securities and commercial litigation. I know some want to focus on his pro bono work and try to make political assumptions about him from a small portion of his career. But I know Bill, and he is the sum of a lot of great work in the public and private sectors. For example, while at the EEOC Bill was in charge of an age discrimination class action suit that resulted in a settlement of nearly $200 million for 3,200 laid off engineers. This is one of the largest ever age discrimination class actions. Bill began his career at the Legal Assistance Foundation of Chicago, representing indigent clients and other individuals seeking low- or no- cost counsel. This is a nominee whose breadth of legal experience has spanned the profession, and I think for that reason alone he should be confirmed. Over the course of his legal career, Bill has been lead or colead counsel in complex litigation, resulting in 18 published opinions from Federal and State courts in Colorado and Illinois. Bill's time as a litigator and advocate has provided him with the necessary skills and perspective to deal with the diverse docket that comes before U.S. district court judges. Beyond his distinguished legal skills, Bill's personal story is a tribute to this country and embodies the American dream. He is an immigrant success story. Bill was born in Mexico and immigrated with his family to the United States at a young age. He was the first in his family to attend college and law school. His rise through the legal profession is a great example for bright, young law students, and, indeed, for us all. I urge my colleagues to vote for Bill's nomination. He is a model nominee for the Federal district court, an expert in labor and employment law who will serve Coloradans well. Bill Martinez has the experience and strong sense of civic responsibility we need on the Federal bench. I thank the chairman for his guidance of this nomination, and I urge my colleagues to vote to confirm Bill to Colorado 's Federal bench. I also would be remiss, if I didn't thank my senior Senator, Mark Udall, for his extraordinary efforts to make sure we had a fair, balanced, and thoughtful search process. I think that process for this appointment and for the others whom we have done already are a model for the country, and it is a real testament to Senator Udall's leadership. With that, I yield the floor.

Mr. BENNET. Mr. President, first, before I get into my remarks, I wish to say how much I appreciated the remarks of Senator Specter today. I, for one, hope Senators on both sides of the aisle, Democrats and Republicans, heed his closing remarks as he described them and also the farewell remarks of so many Senators over the last 2 or 3 weeks. I think there is a lot of wisdom we can apply to our work going forward. I thank Senator Specter very much for his service. I yield the floor.

Mr. BENNET. Mr. President, I ask unanimous consent that my statement and that of Senator Udall appear as in executive session and that the time be charged postcloture.

Mr. BENNET

Mr. BENNET. Mr. President, I rise today in strong support of the DREAM Act. I have a lot of sympathy for the arguments the Senator from Arizona has made about what is going on in Arizona, what is going on in the Rocky Mountain West, where I come from, which reminds me of the need we have in this country and in this Congress to finally face up to the facts and pass comprehensive immigration reform. But that is not what we are talking about today. What we are talking about today is the DREAM Act, a narrow bill that deals with about 65,000 people a year who are here through no fault of their own and have no other country of their own but want to make a contribution to our country--as scholars, as taxpayers, as part of our military--the people who have worked hard, who have played by the rules and they want to do nothing other than make a contribution to the United States of America, much as my grandparents and my mother wanted to make when they came here as immigrants. So I think on this Christmas Eve it would be more than appropriate for the Senate to join the House and do the right thing and pass the DREAM Act. Mr. President, I yield the floor.

Mr. BENNET

Mr. BENNET. M. President, it is with a heavy heart that I honor the life and heroic service of SPC Matthew W. Ramsey. Specialist Ramsey, assigned to the 101st Airborne Division, based in Fort Campbell, KY, died on November 29, 2010, of injuries sustained when his unit faced small arms fire. Specialist Ramsey was serving in support of Operation Enduring Freedom in Nangarhar Province, Afghanistan. He was 20 years old. A native of Quartz Hill, CA, Specialist Ramsey graduated from Quartz Hill High School in 2008 and enlisted in the Army. He served two tours of duty in Afghanistan, both with decoration. Among many other awards, Specialist Ramsey earned the National Defense Service Medal, the Global War on Terrorism Medal, and the NATO Medal. During over 2 years of service, Specialist Ramsey distinguished himself through his courage, dedication to duty, and unremitting commitment to family. Shortly after enlistment, Specialist Ramsey learned from his wife that he was to become a father. He saw the Army as a path to attaining a bright future for his new family. His wife, Mirella, is expecting a second child in early 2011. Specialist Ramsey worked on the front lines of battle, serving in the most dangerous areas of Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. His family remembers him as a dedicated son, husband, and father. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Specialist Ramsey's service was in keeping with this sentiment by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Specialist Ramsey will forever be remembered as one of our country's bravest. To Wayne and Melissa, Specialist Ramsey's parents, Mirella, his wife, Zachary, his son, and his entire family I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Matthew's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice. Sergeant First Class James E. Thode Mr. President, it is with a heavy heart that I honor the life and heroic service of SFC James E. Thode. Sergeant Thode, assigned to the 118th Engineer Company, 1457th Engineer Battalion, Army National Guard, died on December 2, 2010, from injuries he sustained when an improvised explosive device detonated near his patrol. He was serving in support of Operation Enduring Freedom in Khost Province, Afghanistan. He was 45 years old. A native of Kirtland, NM, Sergeant Thode graduated from Catalina High School, in Tucson, AZ, and the University of Arizona. Sergeant Thode served as an officer in the Farmington, New Mexico, police department for 14 years. He was a senior member of the SWAT team and also served in the Army National Guard, deploying for tours in Iraq and Afghanistan. During his years of service, Sergeant Thode distinguished himself through his courage, dedication to duty, and willingness to take on any job. Fellow soldiers respected his intensity, and they relied heavily on his leadership. Sergeant Thode was awarded numerous medals and awards, including the Bronze Star, the Purple Heart, the Army Commendation Medal, two Army Achievement Medals, and the Army Good Conduct Medal. Sergeant Thode worked on the front lines of battle, serving in the most dangerous areas of Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. Friends at the Farmington Police Department note that he was beloved by his colleagues. They remember Sergeant Thode as an effective manager who led by example. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Sergeant Thode's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. Sergeant Thode braved the chaos of combat zone throughout Iraq and Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Sergeant Thode will forever be remembered as one of our country's bravest. To Sergeant Thode's entire family--I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in James's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice.

Mr. BENNET

Mr. BENNET. Madam President, I am so pleased to be here in this room with Democrats and Republicans, talking constructively with each other. It has been a long time since we have seen that. It is one of the things I heard day after day over the last 22 months as I had townhall meetings across the State of Colorado. I too wanted to read something from the words of the deficit and debt commission because I think it is important for people to understand, people who are watching this at home and people working in Washington, that this is not optional. They write: Large debt will put America at risk by exposing it to foreign creditors. They currently own more than half of our public debt and the interest we pay them reduces our own standard of living. The single largest foreign holder of our debt is China, a nation that may not share our country's aspirations and strategic interests. In a worst-case scenario, investors could lose confidence that our Nation is able or willing to repay its loans--possibly triggering a debt crisis that would force the government to implement the most stringent of austerity measures. As the President knows, I never ran for office before this election. I spent half my life in the private sector and half working in places such as the Denver Public Schools. The former Secretary of Education is here today. Nothing else in the world runs like this. Nowhere else would we say to ourselves that our theory is, we would look the other way, borrow the money from the Chinese, one of our greatest competitors, and stick our kids with the bills. The reason this has become so important now is because the size and scope of this debt puts us in the position where one day--I will close with this--where one day somebody may say: I am not going to buy your debt at that price. The day that happens interest rates are going to spike, and this recession is going to look like nothing compared with what we are going to face. We owe it to our kids and grandkids to make sure we are paying our way. I am so pleased we are here today in a bipartisan way to talk about it.

Mr. BENNET

Mr. BENNET. Madam President, today I wish to honor two young heroes from Colorado, who will receive the organization 9-1-1 for Kids' Medal of Honor this week. The medal is bestowed on a young person who distinguishes himself or herself by calling 9-1-1 in an emergency and helps save someone's life or report a crime. An award is also presented to the dispatcher who processed the call and provided the appropriate emergency response. Earlier this year, Nathan Averhoff, a third grader at Leroy Drive Elementary School in Northglenn, and Abigail Vicioso, a third grader at Skyview Elementary School in Thornton, both found themselves in a difficult situation involving one of their parents. Nathan, who is 9 years old, called the Thornton Communication Center on April 23 when his mom began having a seizure. Dispatcher Edward Coddington answered Nathan's call and stayed on the phone with him for 6 minutes as Nathan provided updates on his mom's condition. Nathan remained calm and said his dad had told him what to do in case of a medical emergency. Once the seizure began to subside, Nathan held his mom's head to avoid further injury. His quick actions meant that there was no delay in seeking medical attention for his mom. On September 8, 9-year-old Abby called 9-1-1 on her cell phone when she found her mother on the bathroom floor, dizzy, weak and vomiting. Dispatcher Karen Salazar of the city of Thornton 9-1-1 Dispatch Center answered her call. Although Abby was scared and worried about her mom, she answered Karen's questions clearly and calmly, enabling Karen to get the proper emergency assistance to Abby's mom, who was eventually transported to a local hospital. Both of these kids knew exactly what to do. They didn't panic, and they made sure their moms got the care they needed. They and the dispatchers who helped them serve as a great example of how important it is for kids to know what to do when trouble arises. The organization 9-1-1 for Kids has made it its mission to ensure that kids of all ages understand the importance and proper use of 9-1- 1. It does so by raising awareness through conferences, media outreach, training activities, school events, and by highlighting the stories of kids like Nathan and Abby. I join all Coloradans in offering our gratitude to dispatchers Edward Coddington and Karen Salazar for their service to their communities and congratulate Nathan and Abby for this award as well as their bravery and calm in the face of an emergency.

Mr. BENNET

Mr. BENNET. Mr. President, I rise to talk about the proposed tax compromise. Before doing that, since the Senator from Oklahoma is on the floor, I wished to say how grateful I am for his courage in supporting the bipartisan commission's report on the deficit and the debt. His vote for that, as well as the votes of Senators Crapo, Durbin, and Conrad, in 22 months in this place, this is the first time I have felt any confidence that we may actually be moving in the right direction. I wish to thank him for casting that vote. No one who voted for that, Democratic Senator or Republican Senator, agrees with everything that is in the package. But what we do agree with is that we need a plan to get this right. That is what we need to do. There is a lot of talk in this town about whose side are you on. I hear that all the time. I will tell one quick story from the campaign trail. Every single townhall meeting I had, the issue of the deficit and the debt came up, profound anxiety among the people of my State that we are going to leave less opportunity, not more, to our kids and grandkids. I share the Senator's view that time is short. If we don't make these decisions, the capital markets are going to make them for us. It will not be like that frog in the boiling water. One morning, one day somebody in the capital markets is going to wake and say: I am not going to buy your paper anymore at that price. We are going to see our interest rates go through the roof, and we will see economic turmoil far worse than we have been going through now, the worst recession since the Great Depression. I would talk about this in these meetings, about how we need to come together, Republicans and Democrats, and actually start solving the problems. The frustration people had--Democrats and Republicans, Tea Party people, unaffiliated voters--at our inability to work together to create solutions. I would say we have a moral obligation to the next generation to get this straightened out so we don't constrain their choices. The problem is even more urgent for our kids and grandkids. I was lucky enough that my daughters came with me on a lot of these trips. They sat through a lot of these townhall meetings. I remember one morning my daughter Caroline followed me out. She is now 11 years old. She had heard about the constraints we were putting on the next generation. She tugged at my sleeve on the sidewalk and she said: Daddy, just to be clear--she was making fun of me because I overuse that expression--I am not paying that back. When people ask me the question, whose side am I on, I am on Caroline's side. I am on the side of the 850,000 children going to Denver's public schools who don't deserve to be left what we are at risk of leaving them. I want the Senator to know I will work with anybody, Republican or Democrat, in this Chamber in the time that I am here to make sure we are not that generation of Americans that leaves less, not more, behind. I wish to talk briefly tonight about the discussions around taxes. I have been a strong supporter of a long-term extension of the middle- class tax cuts, estate tax reform that supports our small businesses, farmers and ranchers and extension of unemployment insurance for Coloradans who are struggling to find their way during this difficult economy. Over the last year, in the very townhall meetings I was just talking about, Coloradans over and over have shared their frustration with me about Washington's complete failure to come to an agreement and by both parties' lack of willingness to even discuss a compromise. I could not agree with them more. The bottom line is simple and straightforward. These tax cuts will expire in less than 4 weeks if we do nothing. If we do nothing, hundreds of thousands of Coloradans will see a tax increase and thousands more will lose their unemployment benefits in the worst recession since the Great Depression. This is completely unacceptable to them and to me. If I were writing this bill, it would look different than the compromise. It would propose a 1-year extension of all tax cuts. I said that during the campaign because I felt it was important for us to have the time to figure out how we were actually going to pay for these tax cuts. So it would be for 1 year. It would be a longer term extension for the middle class. I would raise the exemption level for the estate tax but keep rates at the 2009 level. I wished to say that, at the end of the day, while I am going to look for opportunities to make improvements to this framework and listen to other people's ideas as well, I intend to support the compromise. I am not convinced delaying this legislation until next year will produce a better bill. I am convinced it will create huge uncertainty for people all over my State and around the country, at a time when the last thing we can afford is uncertainty. The reality is, the new Congress might likely produce something far worse than the agreement that has been reached. Whenever I cast a vote, I do so focused on the danger caused by our medium-term and long-term debt. That is why I have supported multiple measures to get spending under control. In this case, I think it would be far worse to weaken a fragile economic recovery by letting the middle-class tax cuts expire, throwing thousands of Coloradans off the unemployment rolls simultaneously. Moving forward, we desperately need a more constructive and honest conversation about how we are going to turn our economy around for the long term. I will work with anyone--Democrat or Republican--to develop a Tax Code that actually encourages innovation, lifts innovation in the United States, builds back our middle class, and brings jobs back to Colorado and the rest of the country. I will close by saying this: We face grave challenges, both economic and fiscal, at this moment in our country's history. The message I got loudly and clearly over the last 22 months is that people want to see us working together and solving problems. That is what I intend to do.

Mr. BENNET

Mr. BENNET. Mr. President, I would like to thank the senior Senator from New York for all of his efforts over many years to make sure first responders from 9/11 receive the settlements they deserve. I rise today to speak in strong support of the DREAM Act. The DREAM Act will enable some of the best and brightest young people who have graduated from our schools to serve in the Armed Forces and to excel in college and their careers. The DREAM Act actually raises revenue to reduce our deficit. It is for these reasons that the DREAM Act has a history of bipartisan support and why I urge my colleagues to support this bill today, both Republicans and Democrats. I have been a strong supporter of comprehensive immigration reform that will secure the border, reform our broken family and employment visa systems, address employers who willfully break the law, and require the undocumented to register and become legal, pay a fine, pay their taxes, learn English, and pass criminal background checks. Unfortunately, Washington has been unable to get comprehensive immigration reform done, even as our immigration system becomes more and more broken. As a result, we need to look at smaller measures to make sure we are addressing the immigration issues that cannot wait. For instance, recently the Senate approved $600 million to send 1,500 new Border Patrol agents, additional unmanned aerial drones, and communications equipment to our southwest border in order to stem the flow of undocumented immigration and prevent the further smuggling of weapons and money. This is an effort I supported. The DREAM Act is another step toward improving the overall system. It is a program targeted to a relatively small, defined, select group of immigrants who are currently in this country with few options through no fault of their own. These are students and graduates of our schools who did not choose to come here but have succeeded and begun to contribute to our country. This debate is about whether a child who has excelled in the classroom has the opportunity to attend college and later contribute to society as a tax-paying citizen. This debate is also about whether a child whose only home is our country can have the opportunity to serve America in our Armed Forces. It is about whether it makes good fiscal sense to have our government invest in the education of these young people and generate what the Congressional Budget Office estimates to be $1.4 billion in savings through new revenues to be generated when these kids enter our workforce armed with an education or valuable military experience. Each year, roughly 65,000 U.S. school students who would qualify for the DREAM Act benefit graduate from high school. These include honor roll students, star athletes, talented artists, homecoming queens, aspiring teachers, doctors, and U.S. solders. As a former superintendent of the Denver public schools, I saw firsthand the achievement and potential for these young people, students such as Kevin, who wrote my office this fall to tell his story. Kevin graduated from high school in Colorado with a 3.9 grade point average and has always dreamed of becoming an engineer. He graduated from the University of Denver with a 3.5 grade point average, and a bachelor of science in electrical engineering with a specialization in control and robotics and a minor in math. Unfortunately, because of his status and despite the fact that our country is in desperate need of engineers, Kevin cannot pursue his dream of becoming an engineer and is now working at a fast food restaurant. This is just one example of our failed politics, where Washington settles for rhetoric over common sense. According to Defense Secretary Robert Gates, about 35,000 noncitizens serve and 8,000 permanent resident aliens enlist in our military every year. In a letter to Senator Durbin this past September, the Defense Secretary wrote that the DREAM Act represents an opportunity to expand this pool to the advantage of military recruiting and readiness. Passing the DREAM Act will provide the opportunity for Fanny, another young woman who reached out to my office, to serve in the military. She came to Denver at the age of 7. When she entered high school, Fanny joined the Air Force ROTC Program, the drill team and the Color Guard. Her dream was to attend the Air Force Academy and serve in the military. Unfortunately, Fanny is barred from service in spite of the fact that this is the only home she knows. Rather than opening the door to service in this time of war, young people like Fanny who want to stand proudly and serve our country are precluded from doing so. Taxpayers also stand to gain from the DREAM Act. We will receive a significant return on investment through the contribution of these youth to our society and the revenue generated by their newly legalized, tax-paying status. It has been estimated by the CBO that successful DREAM Act applicants will generate $2.4 billion in new tax revenue. This is based on the fact that these youth will be able to transition into higher paying jobs and will be paying their fair share of taxes. If we are going to get our fiscal house in order, we need to make sure we are getting a full return on our investment and not closing the door on new tax revenues. I know many of my colleagues may still be undecided on whether to move forward on the bill. Some have supported the DREAM Act in the past, only to move away from it in the face of heated rhetoric around the issue of immigration. I ask that before any of them make a final decision, they step back and take a fresh look at the facts and the reality facing these youth. Support for the DREAM Act is not only a matter of conscience for me since it is the right thing to do, it is also a practical solution. Continued delay is an irresponsible waste. We owe it to the taxpayers who have invested in the education of these youth, the teachers who have fostered their development, and our military who can benefit from these new recruits to move forward on the DREAM Act. I plan to vote yes and strongly urge my colleagues to do the same. I yield the floor.

Mr. BENNET

Mr. BENNET. Mr. President, there is a substitute amendment at the desk, and I ask that the amendment be considered and agreed to; that the bill, as amended, be read the third time; and that after the reading of the Budget Committee pay-go letter, the bill, as amended, be passed; and that the title amendment, which is at the desk, be considered and agreed to; further, that any statements relating to the measure be printed in the Record.

Mr. BENNET. Mr. President, I ask unanimous consent that the Finance Committee be discharged from H.R. 4994, the Taxpayer Assistance Act of 2010, and that the Senate then proceed to its immediate consideration.

Mr. BENNET

Mr. BENNET. Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of SGT Jason T. Smith. Sergeant Smith, assigned to the 1st Explosive Ordnance Company, based in Iwakuni, Japan, died on November 19, 2010, from wounds he received while serving in support of Operation Enduring Freedom in Helmand Province, Afghanistan. He was 28 years old. A native of Colorado Springs, CO, Sergeant Smith graduated from Doherty High School in 2000. Upon graduation, Sergeant Smith enlisted in the Marines and was quickly recognized as a skilled and composed soldier. He served three tours of duty: two in Iraq and one in Afghanistan all with decoration. During his 10 years of service, Sergeant Smith distinguished himself through his courage, dedication to duty, and willingness to take on one of the most dangerous and skillful jobs in the Marines--defusing bombs. Fellow soldiers respected his intensity, and they relied heavily on his leadership. Sergeant Smith was also a gifted teacher, and Marines under his command cite his marksmanship instruction as a high-point in their career. Sergeant Smith worked on the front lines of battle, serving in the most dangerous areas of Iraq and Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. His family remembers him as a dedicated son, brother, and as a loving husband to his wife. In his free time, Sergeant Smith enjoyed fishing and playing basketball. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Sergeant Smith's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. He braved the chaos of combat zones throughout Iraq and Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Sergeant Smith will forever be remembered as one of our country's bravest. To Sergeant Smith's entire family--I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Jason's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice.

Mr. BENNET

Mr. BENNET. Madam President, I will wrap up in the next couple of minutes. He is not alone in this considered view. Listen to the bipartisan wisdom calling on the Senate to ratify this treaty: former Secretaries of State George Shultz, James Baker, Henry Kissinger, Colin Powell, Madeleine Albright, and Warren Christopher; former Defense Secretaries James Schlesinger, William Cohen, William Perry, Frank Carlucci, and Harold Brown; former National Security Advisers Brent Scowcroft, Stephen Hadley, and Sandy Berger. Patriots all, committed public servants who take it as an article of faith that partisanship ends at our water's edge, as do most Coloradans and most Americans. When it comes to New START, I believe the Senate will as well. President Reagan began negotiating the first START treaty with the Soviet Union in 1982--right in the middle of the Cold War. Even today, all these years later, we remember Reagan's brilliant phrase ``trust but verify.'' Many believed the Cold War would never end. So much has changed since the fall of the Soviet Union: the rise of global terrorism, the growing threat of Iran, the integration of our global economy, and the realization that when one economy falls, all are in danger. As you know, I have just finished a long and tough campaign, and I can tell you that Coloradans are patriots before they are partisans. They are parents before they are Republicans and Democrats. And they are neighbors before they are foes. We need to respond, and the Senate should ratify New START now. I yield the floor.

Mr. BENNET. Madam President, I rise to support timely ratification of the new Strategic Arms Reduction Treaty, often called New START. New START accomplishes critical goals for our national security. It reduces Russia's deployed nuclear warhead stockpile by 30 percent. It reduces the number of deployed and nondeployed launchers to 800. It limits the number of deployed missiles and bombers to 700--fewer than half the number of the original START treaty. It also establishes a stronger system of onsite inspections, allowing us to physically count individual warheads. This is the safest way to ensure that we have an accurate understanding of Russia's nuclear weapons force. Nevertheless, the Senate has failed to take action on what should be noncontroversial--a treaty with bipartisan support that will make our country safer. Today, I wish to talk about the consequences if we fail to ratify New START. Right now, with no treaty in place, our country has virtually no ability to monitor Russia's nuclear weapons. The previous START treaty expired on December 5, 2009, almost a year ago today. Since that time, our inspectors have been shut out of Russia's facilities. We have been making national security decisions in the dark. By contrast, the comprehensive verification system proposed under New START allows our military to make better, safer decisions about our national security. Without these verification measures in place, we will lose track of Russia's nuclear arsenal. We will spend more money to obtain less reliable information. Delaying ratification makes no sense for our national security or for this Nation's wallet. Failure to ratify New START does not just undermined our short-term national security interests, it weakens our long-term relationship with Russia and countries all around the world. In a post-9/11 world, strong relationships and shared intelligence have never been more critical as we defend against emerging threats. We rely on Russia's support to help us contain one of the biggest threats to our national security and to the world's security: Iran's progress toward a nuclear weapon. In fact, earlier this year, the United States brokered an agreement with Russia and China that imposes new U.N. sanctions against Iran to limit its weapons production. Our failure to move forward on New START would make these efforts more difficult. The goal of preventing Iran from obtaining nuclear weapons requires a solid United States-Russia relationship, and that relationship begins with New START. We have had ample time to study the treaty: 20 formal hearings, countless briefings, 900 questions submitted for the record. All Senators have had time to express opinions and register concerns. The experts, both Republicans and Democrats, tell us it is time to ratify the treaty. In fact, LTG Brent Scowcroft, National Security Adviser for Presidents Ford and George H. W. Bush, has said: The principal result of nonratification would be to throw the whole nuclear negotiating situation into a state of chaos. He is not alone in this considered view.

Mr. BENNET

Mr. BENNET. Mr. President, today I congratulate and honor the tenacious play of the Colorado Rapids soccer team, that recently fought their way to victory over F.C. Dallas in the MLS Cup. This was truly a come-from-behind victory. The Rapids struggled against F.C. Dallas in two games earlier this season, and in the championship game, Dallas scored first, early in the first half. But as they had done throughout the playoffs, the Rapids relied on their character, concentration, and grit and came back in the championship game to win 2 to 1 in overtime. This is the first MLS Cup championship victory in Colorado Rapids history. And it is a testament to the resiliency of the team. From the creativity of our strikers to the concentration of our goalkeeper, our side showed that they have what it takes to win, again and again. The Rapids have proudly represented our State and the Colorado ideal that hard work and determination pay off. That is a lesson I am proud to share with my three daughters, all of whom play soccer. The Rapids have proven that we have world-class teams and world-class fans in Colorado. I am proud to support the Colorado Rapids and again congratulate them on this remarkable accomplishment.

Mr. BENNET

Mr. BENNET. Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of LCpl Brandon W. Pearson. Lance Corporal Pearson, who was assigned to the 3rd Battalion, 5th Marine Regiment, Regimental Combat Team-2, I Marine Expeditionary Force Forward, 1st Marine Division, out of Camp Pendleton, CA, died on November 4, 2010, from wounds he received while supporting combat operations in Helmand Province, Afghanistan. He was 21 years old. A native of Colorado, Lance Corporal Pearson graduated from Ralston Valley High School in Arvada. He was serving his second tour of duty. Although this was his first tour in Afghanistan, his battalion was assigned to one of the most dangerous districts in Helmand Province. During his 3 years of service, Lance Corporal Pearson distinguished himself through his courage, dedication to duty, and willingness to take on any job. He was given numerous awards and medals, including the Marine Corps Good Conduct Medal, the Afghanistan Campaign Medal, the Global War on Terrorism Service Medal, and the National Defense Service Medal. Lance Corporal Pearson worked on the front lines of battle, serving in the most dangerous areas of Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. Friends and loved ones remember Lance Corporal Pearson's dedication to friends and family. He was always there when someone was in a tight spot. His decision to serve influenced a close friend to join the Marines as well. All remember his unwavering bravery. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Lance Corporal Pearson's service was in keeping with this sentiment by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Lance Corporal Pearson will forever be remembered as one of our country's bravest. To Lance Corporal Pearson's entire family--I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Brandon's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice.

Mr. BENNET

Mr. BENNET. Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of SPC Dylan T. Reid. Specialist Reid, who was assigned to the 1st Battalion, 8th Infantry Regiment, 4th Infantry Division, in Fort Carson, CO, died on October 16, 2010. Specialist Reid was serving in support of Operation New Dawn in Amarah, Iraq. He was 24 years old. A native of Missouri, Specialist Reid graduated from Desert Technology High School in Lake Havasu City, AZ, in 2005 and entered the Army in September 2008. He joined his current unit in April of last year and deployed to Iraq this past March. He was serving his first tour of duty, and quickly showed his commitment and skill. During more than 2 years of service, Specialist Reid distinguished himself through his courage, dedication to duty, and willingness to take on any job. He was given numerous awards and medals, including the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Iraq Campaign Medal with Campaign Star, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon. Specialist Reid worked on the front lines of battle, serving in the most dangerous areas of Iraq. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. Friends and loved ones remember how proud Specialist Reid was of his new daughter, Avery. They also remember his love for fixing things and working on cars. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Specialist Reid's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Iraq. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Specialist Reid will forever be remembered as one of our country's bravest. To Specialist Reid's parents, his wife, his daughter, and his entire family I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Dylan's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice.

Mr. BENNET

Mr. BENNET. Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of Specialist Dale J. Kridlo. Specialist Kridlo, assigned to the 27th Engineer Battalion, based in Fort Bragg, NC, died on November 7, 2010, of injuries sustained when his dismounted patrol encountered small arms fire. Specialist Kridlo was serving in support of Operation Enduring Freedom in Kunar Province, Afghanistan. He was 33 years old. A native of Pittston, PA, Specialist Kridlo graduated from Pittston Area High School. After managing his own painting business for several years, Specialist Kridlo enlisted in the Army and served a tour of duty in Afghanistan with decoration. He followed in the footsteps of his father and grandfather, both of whom served in the Armed Forces. During almost 2 years of service, Specialist Kridlo distinguished himself through his courage, dedication to duty, and the high standards to which he held his fellow soldiers. Family members recall his overwhelming pride when he used to describe the accomplishments of his combat unit in Afghanistan. Commanders recognized Specialist Kridlo's extraordinary bravery and talent, promoting him one week before his passing. Specialist Kridlo worked on the front lines of battle, serving in the most dangerous areas of Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. His family remembers him as a dedicated son, husband, and loving father to two young daughters. In his free time, Specialist Kridlo enjoyed fishing. He was also an avid Philadelphia sports fan. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Specialist Kridlo's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Specialist Kridlo will forever be remembered as one of our country's bravest. To Specialist Kridlo's entire family--I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Dale's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice. Second Lieutenant Robert M. Kelly

Mr. BENNET

Mr. BENNET. Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of SGT Aaron B. Cruttenden. Sergeant Cruttenden, assigned to the 27th Engineer Battalion, based in Fort Bragg, NC, died on November 7, 2010, of injuries sustained when his dismounted patrol encountered small arms fire. Sergeant Cruttenden was serving in support of Operation Enduring Freedom in Kunar Province, Afghanistan. He was 25 years old. A native of Mesa, AZ, Sergeant Cruttenden earned his graduate equivalency diploma and worked for 2 years as an apprentice electrician. He then enlisted in the Army in March 2008. Sergeant Cruttenden hoped to defend his country, make a better life for his family, and pursue opportunities for higher education. He served a tour of duty in Afghanistan with decoration. During his 2\1/2\ years of service, Sergeant Cruttenden distinguished himself through his courage, dedication to duty, and willingness to take on one of the most dangerous and skillful jobs in the Army-- detecting and eliminating improvised explosive devices. Throughout Sergeant Cruttenden's time in the Army, family members recall that his foremost concern was protecting the men and women under his command. Sergeant Cruttenden worked on the front lines of battle, serving in the most dangerous areas of Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. His family remembers him as a dedicated son and loving father to his young daughter. Both in service and civilian life, Sergeant Cruttenden's warmth and caring for others were always on display. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Sergeant Cruttenden's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Sergeant Cruttenden will forever be remembered as one of our country's bravest. To Sergeant Cruttenden's entire family--I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Aaron's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice.

Mr. BENNET

Mr. BENNET. Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of SSG Carlos A. Benitez. Staff Sergeant Benitez, who was assigned to the 10th Cavalry Regiment, 4th Infantry Division, in Fort Carson, CO, died on October 14, 2010, from injuries sustained when an improvised explosive device detonated near his vehicle. Staff Sergeant Benitez was serving in support of Operation Enduring Freedom in Afghanistan. He was 24 years old. A native of Carrollton, TX, Staff Sergeant Benitez graduated from Creekview High School and joined the Army in October 2004. He served three tours of duty: two in Iraq and one in Afghanistan--all with decoration. His wife and young daughter and son moved to Colorado for Staff Sergeant Benitez's most recent assignment. During 5 years of service, Staff Sergeant Benitez distinguished himself through his courage, dedication to duty, and willingness to take on any job. He was awarded numerous awards and medals, including two Army Commendation Medals, the Valorous Unit Award, the Army Good Conduct Medal, the Afghanistan Campaign Medal with Campaign Star, and the Iraq Campaign Medal with four Campaign Stars. Staff Sergeant Benitez worked on the front lines of battle, serving in the most dangerous areas of Iraq and Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. Friends and loved ones remember his commitment to his wife. His mother, Imelda, remembers how her son wanted to enlist in the Army when he was just 17. She made him wait an extra year. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Staff Sergeant Benitez's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Iraq and Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Staff Sergeant Benitez will forever be remembered as one of our country's bravest. To Staff Sergeant Benitez's wife, their children, and his entire family--I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Carlos's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice.

Mr. BENNET

Mr. BENNET. Mr. President, I congratulate the Broomfield Composite Squadron for being named the 2010 Civil Air Patrol Squadron of Distinction. This honor speaks to the dedication and hard work of each cadet and senior member, as well as the squadron's leadership in providing outstanding programs and recruitment. The Broomfield Composite Squadron was selected as the squadron with the best performance from all 50 States, the District of Columbia, and Puerto Rico for its excellence in cadet programs, rapid increase in membership, and high percentage of cadet progression through the program. Communities across Colorado and the country have come to depend on the Civil Air Patrol in times of emergency for search and rescue expertise, but CAP's development and education of young leaders is equally important. The Broomfield Composite Squadron's success in this area, and its recognition as the best in the country, means that Colorado is especially lucky to have so many young people willing to serve their community, learn about aerospace technology, and prepare for their futures. All of Colorado is proud and grateful for the Broomfield Composite Squadron's commitment to serving as a model for CAP squadrons across the country.

Mr. BENNET

Mr. BENNET. Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of Captain Dale A. Goetz. Captain Goetz, assigned to the 4th Infantry Division, based at Fort Carson, CO, died on August 30, 2010, of injuries sustained when an improvised explosive device detonated near his vehicle. Captain Goetz was serving in support of Operation Enduring Freedom in the Arghandab River Valley, Afghanistan. He was 43 years old. A native of White, SD, Captain Goetz graduated in 1995 from Marantha Baptist Bible College in Watertown, WI, with a bachelor's degree. After serving in White for several years as a pastor, Captain Goetz enlisted in the Army in 2004 and served tours in Japan, Iraq and Afghanistan-- all with decoration. During his years of service, Captain Goetz distinguished himself through his courage, dedication to his soldiers, and unremitting devotion to his faith. His skillful ministry comforted troops and made them more effective in the field, and he never hesitated to engage and counsel others who held beliefs different than his own. Captain Goetz worked on the front lines of battle, serving in the most dangerous areas of Iraq and Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. His family remembers him as a dedicated husband and as a loving father to his three children. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Captain Goetz's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Iraq and Afghanistan. And though his fate was uncertain, he pushed forward, counseling our soldiers and promoting the ideals we hold dear. For his service and the lives he touched, Captain Goetz will forever be remembered as one of our country's bravest. To his wife Christina, his sons Landon, Caleb, and Joel, and his entire family--I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Dale's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice. Staff Sergeant Casey J. Grochowiak Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of SSG Casey J. Grochowiak. Sergeant Grochowiak, assigned to the 4th Infantry Division, based in Fort Carson, CO, died on August 30, 2010, of injuries sustained when an improvised explosive device detonated near his patrol. Sergeant Grochowiak was serving in support of Operation Enduring Freedom in Malajat, Afghanistan. He was 34 years old. A native of San Diego, CA, Sergeant Grochowiak graduated from Horizon Christian Fellowship Academy, where he met Celestina, his future wife, whom he married in 1995. After several years working in the construction industry, Sergeant Grochowiak changed direction to commit his life to defending his country. He enlisted in the Army in 2000, serving two tours in Iraq and two tours in Afghanistan-- all with decoration. During nearly 11 years of service, Sergeant Grochowiak distinguished himself through his courage, dedication to duty, and absolute commitment to his troops. Despite having received a medical waiver for his last tour in Afghanistan, Sergeant Grochowiak shipped out and fought on anyway, citing his obligation to protect his young soldiers. Sergeant Grochowiak worked on the front lines of battle, serving in the most dangerous areas of Iraq and Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. His family remembers him as a dedicated son, husband, and as a loving father to his two children. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Sergeant Grochowiak's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Iraq and Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Sergeant Grochowiak will forever be remembered as one of our country's bravest. To Edward and Barbara, Sergeant Grochowiak's parents, Celestina, his wife, Matia and Deegan, his children, and his entire family, I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Casey's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice. Specialist Faith R. Hinkley Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of SPC Faith R. Hinkley. Specialist Hinkley, assigned to the 502nd Military Intelligence Battalion, based in Fort Lewis, WA, died on August 7, 2010, from wounds sustained during a firefight. Specialist Hinkley was serving in support of Operation Iraqi Freedom in Iskandariya, Iraq. She was 23 years old. A native of Monte Vista, CO, Specialist Hinkley enlisted in the Army in 2007, much to the surprise of her friends and family. Having completed 1 year of classes at the University of Colorado in Colorado Springs, Specialist Hinkley changed course and became the family's fourth generation to serve in the military. During her nearly 3 years of service, Specialist Hinkley distinguished herself through her courage, dedication to duty, and exceptional intelligence. Commanders recognized her extraordinary bravery and talent. In fact, on the day of her passing, Specialist Hinkley had just been promoted. Specialist Hinkley worked on the front lines of battle, serving in the most dangerous areas of Iraq. She is remembered by those who knew her as a consummate professional with an unending commitment to excellence. Her family remembers her as a dedicated daughter who loved to serve her country. Her friends remember her loyalty, her willingness to listen, and her lifelong involvement in the community. From an early age, as a student in Monte Vista, Specialist Hinkley's talents were always on display as a mentor to younger girls. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Specialist Hinkley's service was in keeping with this sentiment--by selflessly putting country first, she lived life to the fullest. She lived with a sense of the highest honorable purpose. At substantial personal risk, she braved the chaos of combat zones throughout Iraq. And though her fate on the battlefield was uncertain, she pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For her service and the lives she touched, Specialist Hinkley will forever be remembered as one of our country's bravest. To David and Annavee, Specialist Hinkley's parents, Matthew, her brother, and her entire family, I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Faith's service and by your knowledge that her country will never forget her. We are humbled by her service and her sacrifice. Staff Sergeant Kevin J. Kessler Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of SSG Kevin J. Kessler. Sergeant Kessler, assigned to the 4th Infantry Division, based in Fort Carson, CO, died on August 30, 2010, of injuries sustained when an improvised explosive device detonated near his military vehicle. Sergeant Kessler was serving in support of Operation Enduring Freedom in the Arghandab River Valley, Afghanistan. He was 32 years old. A native of Canton, OH, Sergeant Kessler enlisted in the Army in 2004, eager to serve his country. In 1996, he graduated from East Canton High School. After spending several years as a truck driver, Sergeant Kessler decided to commit his life to military service. He served three tours of duty: two in Iraq and one in Afghanistan, and all with decoration. During his 6 years of service, Sergeant Kessler distinguished himself through his courage, skillful leadership, and perhaps most importantly, an unflagging dedication to his troops. Sergeant Kessler's unyielding sense of duty was heightened still by the brave efforts of the soldiers under his command. Sergeant Kessler worked on the front lines of battle, serving in the most dangerous areas of Iraq and Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. His family remembers him as a dedicated son, husband, and as a proud expectant father. They remember that, from an early age, he loved football and cheered for his favorite teams, the Denver Broncos and the Cleveland Browns. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Sergeant Kessler's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Iraq and Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Sergeant Kessler will forever be remembered as one of our country's bravest. To Sergeant Kessler's father and stepmother, Lawrence and Sue, his mother and stepfather, Kristine and Rodney, his wife, Adrian, and his entire family--I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Kevin's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice. Private First Class diego M. Montoya Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of PFC Diego M. Montoya. Private Montoya, assigned to the 89th Military Police Brigade, based in Fort Hood, TX, died on September 2, 2010, of injuries sustained from indirect fire. Private Montoya was serving in support of Operation Enduring Freedom in Laghman Province, Afghanistan. He was 20 years old. A native of Texas, Private Montoya graduated in 2009 from Taft High School in San Antonio. He was an active participant in the school's ROTC program, and he always looked forward to the day when he could finally wear a service uniform. Private Montoya enlisted in the Army after graduation, and he deployed for Afghanistan in April 2010. During his 13 months of service, Private Montoya distinguished himself through his dedication to duty and extraordinary strength of character. Even as an ROTC student in San Antonio, Private Montoya's instructor recognized his remarkable maturity and unwavering loyalty to his classmates, family and friends. These characteristics foreshadowed his excellence as a soldier. Private Montoya worked on the front lines of battle, serving in the most dangerous areas of Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to the uniform. His family remembers Private Montoya's courage as a soldier, but also his warm heart and willingness to do anything to help those close to him. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Private Montoya's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Private Montoya will forever be remembered as one of our country's bravest. To his parents, his brothers and sisters, and his entire family, I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Diego's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice. Staff Sergeant Matthew J. West Mr. President, it is with a heavy heart that I rise today to honor the life and heroic service of SSG Matthew J. West. Sergeant West, assigned to the 71st Ordnance Group, based in Fort Carson, CO, died on August 30, 2010, of injuries sustained when an improvised explosive device detonated near his military vehicle. Sergeant West was serving in support of Operation Enduring Freedom in the Arghandab River Valley, Afghanistan. He was 36 years old. A native of Gaylord, MI, Sergeant West graduated from Northern Michigan University with a bachelor's degree in 1997. After returning home for several years, Sergeant West enlisted in the Army in 2004 and served three tours of duty: two in Afghanistan and one in Iraq, and all with decoration. During his 6 years of service, Sergeant West distinguished himself through his courage, dedication to duty, and willingness to take on one of the most dangerous and skillful jobs in the Army--defusing bombs. Even as a student at Gaylord High School, Sergeant West exhibited this same extraordinary character by assuming any role needed of him on the football field. Although he was one of the team's smallest players, Sergeant Kessler never hesitated to punch above his weight, even when the coach put him on the offensive line. Sergeant West worked on the front lines of battle, serving in the most dangerous areas of Iraq and Afghanistan. He is remembered by those who knew him as a consummate professional with an unending commitment to excellence. His family remembers him as a dedicated son, husband, and as a loving father to his three children. They remember his warm nature and broad smile. Mark Twain once said, ``The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.'' Sergeant West's service was in keeping with this sentiment--by selflessly putting country first, he lived life to the fullest. He lived with a sense of the highest honorable purpose. At substantial personal risk, he braved the chaos of combat zones throughout Iraq and Afghanistan. And though his fate on the battlefield was uncertain, he pushed forward, protecting America's citizens, her safety, and the freedoms we hold dear. For his service and the lives he touched, Sergeant West will forever be remembered as one of our country's bravest. To John and Marcia, Sergeant West's parents, Carolyn, his wife, Tyler, Joseph, and Annalise, his children, and his entire family, I cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of your loss will be eased by your pride in Matthew's service and by your knowledge that his country will never forget him. We are humbled by his service and his sacrifice.

Mr. BENNET

Mr. BENNET. Mr. President, I rise in strong support of the President's nomination of Solicitor General Elena Kagan to be Associate Justice of the U.S. Supreme Court. The Senate has no more important responsibility than to advise and consent on nominations to our Nation's highest Court. It will be an honor on behalf of the people of my State to cast my vote to confirm Elena Kagan. Ms. Kagan is a distinguished lawyer with a remarkable legal background. She brings very diverse experiences to the Court that I believe will add to the important perspective of the high Court as it reviews cases of critical importance to the American people. Throughout her career she has been a legal trailblazer and a role model. She will be the fourth woman to serve on the high Court, and for the first time in history, three women will be serving on the bench when oral arguments are heard this fall. Her nomination marks an historic milestone of progress for women in the legal profession and in serving as leaders for our Nation. A graduate of Harvard Law School, Ms. Kagan began her career as a law clerk to former Supreme Court Justice Thurgood Marshall, who like her, served as Solicitor General prior to being promoted to the high Court. Justice Marshall made history as the first African-American Solicitor General at the time and Ms. Kagan has followed suit as the first female Solicitor General. Following her clerkship, Ms. Kagan worked in the private sector where she handled first amendment, commercial and criminal litigation. She then served in the highest ranks of academia as a law professor. This ultimately led to her becoming dean at the Harvard Law School, one of our nation's most prestigious institutions. Her ascension to dean marked the first time in Harvard Law School's 186-year history that a woman held this position. As dean, Ms. Kagan bridged ideological divides among faculty, recruiting professors from across the ideological spectrum, managing the largest and most prestigious law school in our nation and improving the quality of life for students. Prior to becoming dean, Ms. Kagan served in high legal and policy positions in the Clinton administration, where she learned the operations of the executive and legislative branches of our government, which will help the Court better understand how policy judgments are made and the effect that the decisions of our government and courts have on the lives of everyday Americans. Most recently, Ms. Kagan has dutifully served our Nation as the U.S. Solicitor General. The Solicitor General is often referred to as the 10th Justice because of the frequency that he or she appears before the Court on behalf of the United States. This experience exposed Ms. Kagan to nearly every case that has come before the current Court and she has had to weigh all of the same legal considerations as the current Justices prior to deciding the position of the U.S. Government. Few positions provide better preparation for the high Court. While she has not previously served as a judge, though she was previously nominated to be one, I see her varied background as an asset. We need different life experiences on the Supreme Court. If confirmed, Ms. Kagan will be the first nonjudge since former Chief Justice William Rehnquist was nominated by former President Richard Nixon. Her mix of professional experience will help ensure that we do not have a Court out of touch with the American people. Ms. Kagan has taught the law in the classroom, practiced in the public and private sector, worked in the judiciary as a clerk and crafted the policies of the executive branch. Everywhere she has worked, Ms. Kagan has excelled. Her experience is the kind of experience we should aspire for all of our justices to have before serving on the high Court. The Supreme Court is too important to not hold our justices to high standards of intellect and achievement--a standard Ms. Kagan meets. It is our best and brightest who should serve in these important positions. We need Justices who respect precedent, hew closely to the text of the law and do not pursue an agenda from the bench. We do not need activist judges whether they come from the right or left. The American people do not want an ideologically driven Supreme Court that is pursuing a political agenda. We want a Court that respects precedent and helps resolve the legal questions of our time as they affect our daily lives. I would like to close by thanking outgoing Justice John Paul Stevens for his service to our country. Justice Stevens presided on the Court during a period of great change and accomplishment for our nation. He is a member of the Greatest Generation and is a true patriot for his service during World War II. Justice Stevens has been an intellectual heavyweight on the bench and provided a voice of reason even while we have seen the Court drift so heavily in favor of the most powerful interests. He has left large shoes to fill and will be missed. President Obama has nominated someone who can fill these shoes. Because of the breadth and diversity of her experience, Elena Kagan has a profound understanding of the law and effect the Supreme Court has on the lives of all Americans. She is an intellectual heavyweight in her own right and will help the Court bridge the divides of recent years. I am proud to commit my vote in favor of this nominee.