Ben Nelson

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, today I wish to honor Dr. Ann Coyne of Lincoln, NE, who has recently been awarded the National Association of Social Workers' Lifetime Achievement Award. Dr. Coyne's accomplishments are many, and she is most deserving of this prestigious award. First and foremost, she is a loving wife and mother. Dr. Coyne was married to her husband, Dermot, for nearly 45 years before his death in 2002; and they were blessed with six children: P.J., Brian, Tom, James, Cathy and Gerry. She has been a ``mom'' to many more by providing a safe and loving home to many Nebraska foster children and by assisting many special needs children with international adoptions. In addition to being a mother, Dr. Coyne has maintained a strong commitment to children throughout her professional career. She is a consultant for the Nebraska Foster Care Review Board and was a board member for Adoption Links Worldwide. She developed the dual degree between social work and public administration at the University of Nebraska-Omaha, UNO; was instrumental in renaming UNO's School of Social work in honor of another prestigious social worker from Nebraska, Grace Abbott; and continues to teach both undergraduate and graduate coursework to countless students in our State. Perhaps the greatest of Dr. Coyne's achievements is her work in Nicaragua. She fosters an ongoing relationship between UNO's Grace Abbott School of Social Work and the University of Nicaragua at Leon, UNAN, which has assisted 75 Nicaraguans in earning degrees in social work. She worked with the Omaha Suburban Rotary Club to found Las Chavalitos Maternal and Child Health Clinic in Managua. Additionally, Dr. Coyne partnered with a former student to develop the Association de Maestras y Padres de Ninos Sordos, which now operates La Escuela de Ninos Sordos, a primary day school for deaf children. I, and all Nebraskans, have benefitted from Dr. Ann Coyne's accomplishments as a teacher, educator, and advocate for children. We are proud that the National Association of Social Workers has bestowed upon her its Lifetime Achievement Award. And we are also proud that the enormous impacts of Dr. Coyne's life and work have benefitted, and are continuing to benefit, the children of Nebraska, the United States of America, and the world.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, today I wish to pay tribute to a good friend who can quite aptly be called a gentleman and a scholar, as well as one very likeable person who touched the lives of many of my fellow Nebraskans. Charles M. ``Chuck'' Pallesen, Jr., passed away on November 26, 2011, at the age of 74. First and foremost a loving husband and father, Chuck married his college sweetheart, Lorraine Sysel; and two sons, Mike and Ed, together with their families, blessed this union. He was also a former Boy Scout; a U.S. Army veteran who served in the Judge Advocate General's Corps; and a partner for more than 40 years in a successful law practice--Cline Williams Wright Johnson & Oldfather, L.L.P.-- specializing in health care and business law. Chuck was one of the most active people in civic and political matters that I have ever met. He was engaged in the Nebraska efforts of every Presidential campaign from John F. Kennedy to Barack Obama. He was a key adviser not only to me, but also to former Nebraska Governors and Senators Jim Exon and Bob Kerrey. Yet Chuck was so much more than his resume. A good friend of his, Gerry Finnegan, said recently that: Chuck was at his best, both professionally and politically, lodged between disagreeing parties coaxing them to resolve their conflict--a masterful mediator blessed with an innate sense of how much ground each adversary could give and how hard he could push for a resolution. This ability, combined with an outgoing personality and a keen eye for details, made him invaluable to Senators Exon, Kerrey, and myself. Always a very busy guy, Chuck and a colleague, former Judge Samuel Van Pelt, Jr., had been in the process of authoring a book about Senator Exon. Chuck spoke to me several times, both for and about his upcoming book. Those interviews were extremely enjoyable, and I looked forward to every opportunity to walk down memory lane and swap stories about ``Big Jim,'' one of the greatest Nebraskans to ever serve my home State. Chuck's untimely passing has made me look forward even more to reading his labor of love when it is published, and when I do, I will be remembering not only the great J. James Exon, but Charles Pallesen, Jr., as well--on every page and throughout every chapter. In closing, Chuck Pallesen was a man who will be missed by all who knew him and remembered as an individual who served his community, State and country well. A true statesman, we are all the better for Chuck's countless contributions, his enthusiasm, his dedication, and most of all, his compassion. He was truly a giant among men.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. I thank my colleague, the esteemed chair, for such kind remarks. I wish they were universally believed by all. This is the kind of introduction my father would have enjoyed but my mother would have believed. I appreciate so very much his kind comments. The Nebraska Supreme Court temporarily stayed the execution of one prisoner, a Carey Dean Moore, because a full evidentiary record was before it in another immediately pending case, State v. Mata, which was referred to by my friend and colleague from Alabama, Senator Sessions. That case challenged the constitutionality of electrocution as a method of execution. It did not challenge, it did not deal with, and was not associated with whether or not to have a death penalty. It was not challenging the death penalty but the methodology of a death penalty. The court had to determine whether a prisoner should be executed depending on whether that question was soon answered. The temporary stay was issued and the other case decided as a matter of State constitutional law. The court, by a vote of 6 to 1, determined that execution as a method--and I emphasize ``a method'' of electrocution-- violated prohibitions against cruel and unusual punishment, which is the purview of the court to make that determination where there is a question of dealing with the Constitution. The court was clear that the death penalty remained valid in Nebraska. No writ of certiorari had been taken. The Nebraska Legislature changed the method of execution to lethal injection, and the execution of Moore, Mata, and others will be carried out accordingly. As a matter of fact, the court has set a date of execution for a prisoner to be executed on March 6. This same court set dates of execution while I was Governor on three occasions, and they were carried out. Judge Gerrard was a member of the court at that time and had no objections to the executions. It is the methodology that the court dealt with. It is important to recognize that in the Moore case the issue was not whether the death penalty itself was constitutional; it was whether a particular means of execution was constitutional. Those are completely different questions. Senator Sessions claims that Judge Gerrard stayed the defendant's execution in the light of ``a changing legal landscape.'' However, it is not uncommon for a court, when presented with different cases involving related issues, to withhold ruling on any one case until all of the related issues are resolved. Therefore, the Moore order reflects a pragmatic decision to wait until both cases could be resolved. I agree with Senator Sessions that this is about the duty of a judge to be faithful to the law and to serve under the law. However, I strongly disagree with Senator Sessions' characterization of Judge Gerrard as an activist judge. Judge Gerrard has written 450 opinions in his 15-plus years on the Nebraska Supreme Court. The U.S. Supreme Court concluded in a previous case that the U.S. Supreme Court and the Nebraska Supreme Court have held in a related matter that the death penalty is not cruel and unusual. Judge Gerrard would have no difficulty following that binding precedent. As a matter of fact, he has. He has no personal beliefs that would prevent him from enforcing the death penalty. In fact, he has authored several opinions and voted to affirm the convictions and sentences of defendants who have actually been sentenced to death. Judge Gerrard believes the death penalty is an acceptable form of punishment. He understands the significant difference between a judge on a court of last resort interpreting State court constitutional law and a Federal district judge who follows U.S. Supreme Court precedent. I reiterate for the record, Judge Gerrard is held in the highest regard by both the bench and the bar in Nebraska. He has earned an ``AV'' Martindale-Hubbell rating from his colleagues, and the American Bar Association has deemed him ``unanimously well-qualified'' to serve on the U.S. district court. I thank my colleague, Senator Johanns from Nebraska, for his support and his comments which I think were also very supportive, clearly supportive, of Judge Gerrard and the decisions. Clearly, he is not an activist judge. I yield the floor. recess appointments

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. I rise to speak on behalf of an outstanding Nebraskan, State Supreme Court Justice John Gerrard. His nomination to fill a vacancy on the U.S. District Court for Nebraska is now before the Senate. John Gerrard has built an exceptional record in private practice and on the Nebraska Supreme Court and will do an exemplary job as a U.S. district judge for the District of Nebraska. I have known him for more than 20 years and believe he has the experience, the intellect, and the temperament needed on our Federal bench. I cannot think of anyone better qualified than John Gerrard. I was very pleased the President nominated him. I have welcomed my colleague Senator Johann's strong support, and I believe the Senate should confirm him for the position of a U.S. district court judge. John Gerrard, a native of Schuyler, NE, has served as a private attorney, a city attorney, counsel to several public school districts in Nebraska, and he has an outstanding public record as a judge. In private practice, Judge Gerrard tried dozens of cases, both civil and criminal, to verdicts in State and Federal courts. He was highly respected as a trial attorney earning an ``AV'' Martindale-Hubbell rating from his colleagues. He was elected to the American Board of Trial Advocates by his peers. During my tenure as Governor, I appointed him, in 1995, to the Nebraska Supreme Court. Nebraska voters have shown their confidence in him by retaining him in office three times: in 1998, 2004, and 2010. He has consistently received top ratings by the Nebraska State Bar Association in its biennial judicial evaluations, particularly in the areas of legal analysis, judicial temperament, and fair treatment of litigants and their lawyers. Furthermore, the Nebraska judicial system gave him its Distinguished Judge for Improvement of Judicial System Award in 2006. This was in recognition of his work as cochair of the system's Minority Justice Committee and the Interpreter Advisory Committee, as well as leading initiatives promoting racial and ethnic fairness under the law. Also, in 2008, the Nebraska State Bar Foundation gave him its Legal Pioneer Award. This was for making the courts more user friendly for citizens from all cultures by utilizing technology and other means to improve both understanding and participation in the courts. I would note that on the Nebraska Supreme Court, Judge Gerrard has authored more than 450 opinions, and he is widely considered a leader on that court. Judge Gerrard is held in the highest regard by both the bench and the bar in Nebraska, and the American Bar Association has deemed him ``unanimously well qualified'' to serve as a U.S. district judge. Judge Gerrard maintains the same even temperament off the bench as he does on the bench. Clearly, he is an exemplary person who has contributed much to our society. Furthermore, he and his wife Nancy have been married for 34 years and have raised four exceptional children. I would also note that during my years as Governor, I appointed 81 judges in the State of Nebraska, including the Nebraska State Supreme Court. Since I have been in the Senate, I voted on numerous judicial nominees. In all cases, I have supported candidates for the judiciary who convinced me they would follow the law and would not manipulate it to promote a personal or activist agenda. This is a critical test for me and it is relevant concerning Justice Gerrard. I am convinced he would not allow personal beliefs to interfere with his judicial duties, nor would he bring an activist agenda to the Federal bench. He has proven this beyond a doubt with his disciplined approach to the law over the last 16\1/2\ years as a judge on the Nebraska Supreme Court. Questions, however, have been raised to Justice Gerrard on those points, and I would like to address them now. He has been asked whether a matter may be constitutional one day and not the next based on a changing legal landscape. He has answered for the record that the U.S. Supreme Court and the circuit courts set the binding precedent on whether a matter is constitutional, which he would follow as a district judge. He has stated a Federal district court judge can conclude the law has changed only by legislation or by a ruling by a higher court. Justice Gerrard has a clear understanding of the limitations of a Federal district court judge. He has demonstrated that understanding in the deference he has given to the legislative branch and to higher court precedent during his years on the Nebraska Supreme Court. He has also been asked specifically whether he has personal beliefs that would make him unable to carry out the death penalty. Again, he has answered, for the record, that he does not. More to the point, Nebraska carried out the death penalty while I was Governor and Justice Gerrard was serving on the Nebraska Supreme Court. As a matter of fact, the court has concurred in establishing an execution date to take place this March 6 in the State of Nebraska. Issuing and executing a death sentence is one of the most solemn responsibilities the judicial and executive branches are entrusted with. In every instance, Justice Gerrard has ruled on the death penalty, he has been balanced, even-handed and, most important, faithful to the Constitution. In fact, Judge Gerrard has confirmed for the record that the U.S. Supreme Court and the Nebraska Supreme Court have repeatedly held that the death penalty is an acceptable punishment as long as the laws for imposing it are followed and the constitutional limitations imposed by the U.S. Supreme Court are respected. Finally, Judge Gerrard has stated, and the record shows, he has voted to confirm a number of sentences and convictions of those sentenced to death, and he has authored more than one State court opinion upholding the constitutionality of Nebraska's death penalty law. In my view, Judge Gerrard's answers and his clear record more than adequately address any concerns about his ability or willingness to both apply the law with impartiality and to carry out the law effectively . To sum up, John Gerrard deserves to be confirmed by the Senate because he has an outstanding legal record, he possesses the proper temperament needed on the Federal bench, and he will follow legal precedent to carry out the law rather than interpret as he sees it. He has been and will be an impartial judge, not an activist. So I urge his confirmation by my colleagues. I yield the floor and suggest the absence of a quorum.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, I was mistakenly recorded as a ``no'' on vote No. 227 on December 12, 2011. I would like to state for the record I intended to vote for cloture in relation to the nomination of Mari Carmen Aponte to be Ambassador to the Republic of El Salvador.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, I ask unanimous consent that Stefanie Peterson, an Air Force major who is a military fellow in my office, be granted the privilege of the floor during the debate on S. 1867.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Madam President, I want to begin my comments today on this year's National Defense Authorization Act by thanking all the members of the Strategic Forces Subcommittee. I would especially like to thank the subcommittee's ranking member, Senator Sessions, for the close working relationship we have shared. It is always a pleasure to work with my friend from Alabama. The annual National Defense Authorization Act is one of the most important pieces of legislation Congress passes every year, and this year marks what I hope will be the passing of the Defense Authorization Act for the 50th year in a row. I would like to give my colleagues a brief overview of the provisions in the National Defense Authorization Act we are considering today as they relate to the Strategic Forces Subcommittee. The jurisdiction of the subcommittee includes missile defense, strategic forces, space programs, intelligence programs, cybersecurity, the defense-funded portions of the Department of Energy, and the Defense Nuclear Facilities Safety Board. In preparing the provisions in the bill that relate to areas of our jurisdiction, the subcommittee held six hearings on defense programs at the Department of Energy, strategic nuclear forces, missile defense, and space programs at the Department of Defense, and implementation of the New START treaty. The subcommittee's provisions were adopted in a bipartisan manner. I again want to thank Senator Sessions, our ranking member, and his staff and the professional staff on the Armed Services Committee for the close work we have enjoyed with them working on the hearings and preparing this bill. Our committee oversees the nuclear strategic forces. As many know, the U.S. Strategic Command--in my home State of Nebraska--is charged with our Nation's nuclear deterrence. It is important to note that this bill strengthens and improves our Nation's nuclear command and control and all the missions that fall under USSTRATCOM by providing the full authorization of the new command and control complex. Reliable and assured command, control, and communication from the President to the nuclear forces is fundamental to our strategic deterrent, and the new command and control complex at Offutt Air Force Base in Nebraska will provide this mission surety. In the area of missile defense, we have funded the program at $10.1 billion, including the full $1.2 billion requested for the Ground-Based Midcourse Defense System. We have also included a provision that would set forth the sense of this Congress that it is essential for the Ground-Based Midcourse Defense System to achieve the levels of reliability, availability, sustainability, and operational performance necessary to ensure that the United States remains protected. The bill also supports the development and deployment of the European Phased Adaptive Approach, EPAA, to missile defense. This is the U.S. Missile Defense Program to defend our military forces and NATO allies in Europe from Iranian missile threats. The Defense Department has nearly completed phase 1 of the EPAA with an Aegis Ballistic Missile Defense, BMD, ship now patrolling the Mediterranean and a missile defense radar now located in Turkey. The United States also successfully negotiated the agreements with Poland and Romania to deploy land-based Aegis BMD Systems in their countries in future phases of the EPAA. The committee also made a few funding adjustments in the new bill to reflect the fact-of-life changes since the Armed Services Committee's markup of its earlier bill, S. 1253. For example, the recent flight test failure of the Aegis Ballistic Missile Defense System, with the Standard Missile-3 Block IB interceptor, means the program will have a substantial delay before it can begin procurement. The program will also need additional research and development funds to fix the flight test problems. So the bill adjusts the funding to permit such fixes. In addition, the Terminal High Altitude Area Defense, or THAAD, System has experienced slower production than expected and will not be able to use all the funds planned and requested in the budget. Consequently, the bill adjusts the funding accordingly. In mid-2009, Secretary Gates directed U.S. Strategic Command to stand up U.S. Cyber Command as a subunified command. The command reached full operational capability a year ago. Since that time, the Chairman of the Joint Chiefs of Staff characterized cyber warfare as one of the two ``existential threats'' to America, and a former Director of National Intelligence publicly proclaimed his belief that adversaries could take down the Nation's power grid or devastate the country's financial system. Very damaging intrusions into government, military, and industrial networks are almost a daily occurrence, resulting in the loss of precious and expensive advanced technology--the technology that fuels economic growth and sustains our security. Over the last 2 years, the Strategic Forces Subcommittee has supported legislation to accelerate the arduous process of developing policies and doctrine to guide our responses to cyber attacks and to govern the use of cyber weapons by our own military forces. The subcommittee has also sponsored legislation to begin to close the gap in cyber defenses by developing new technological approaches in partnership with America's cutting-edge information technology sector. Moving on to space programs, the bill would provide the Air Force the authority to purchase in a block buy, using a fixed price contract, the next two Advanced Extremely High Frequency satellites--an important part of the nuclear command and control system. This will result in a 20-percent savings. We have authorized the President's level of funding for the nuclear modernization program at the DOE's National Nuclear Security Administration, but we are fully aware that the Budget Control Act that was passed last summer has reduced the levels that can be appropriated by some $400 million. I would note that even with this reduction, it is still a 5-percent increase over last year's levels. I will be working with my colleagues to carefully evaluate the President's request for fiscal year 2013 in light of the commitments both the Congress and the administration made under the New START treaty for modern nuclearization. This Congress made commitments for modernization, and moving forward we must honor those commitments. Most importantly, we need to continue to ensure that our stockpile is safe, reliable, and works as intended by the military so that we maintain our strategic deterrent well into the 21st century. We understand the budget climate that we are in, and it is likely that realistic adjustments must be made as a result of the mandated reductions to defense spending in the Budget Control Act. But we will work with the Department of Defense and U.S. Strategic Command to ensure that pressing priorities are met and our strategic deterrence are not undercut. Let me again thank my colleague, Senator Sessions, and our staff for the productive and bipartisan relationship we have had on this subcommittee and also all members of the subcommittee. I look forward to working with our colleagues to pass this important legislation. Madam President, I yield the floor.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, I rise today to honor a true American hero, PO Caleb Nelson of Nebraska, who was tragically killed on October 1, 2011, in Zabul Province, Afghanistan. Caleb graduated from Navy boot camp 6 years ago to become a machinist's mate. However, he aspired to be the best-of-the-best and, in November 2006, graduated from SEAL qualification training and became a member of Naval Special Warfare Group Two. Caleb has been described by his commander as a cherished teammate and a gifted SEAL operator. This is certainly illustrated by the numerous awards and decorations he amassed during his short time in the service, including the Bronze Star with Valor, Purple Heart, Navy and Marine Corps Achievement Medal, Expert Rifle ribbon and Expert Pistol ribbon. Before deploying to Afghanistan this past March, Caleb had deployed to Iraq in 2009. Not only was Caleb a dedicated combat veteran, he was a loving husband, father, and son. His father, Reverend Larry Nelson, remembers his son as a go-getter and a truly good person. His friends and neighbors tell a similar tale. Karen Wagner, Caleb's neighbor, remembers him as a wonderful kid who was always willing to help out, even if it came down to mundane things such as cleaning out the gutters. Caleb Nelson's life came to a cruel end when his vehicle hit an improvised explosive devise while his SEAL team was conducting mounted combat reconnaissance patrols. I pray that Caleb's family and friends find strength during this trying time and my condolences go out to them. Caleb's service and sacrifice, his heroism and selflessness will remain an inspiration for all of us.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, I rise today to honor a true American hero, Master-at-Arms PO1 Johnny Douangdara of South Sioux City, NE, who was tragically killed on August 6, 2011, when the CH-47 Chinook helicopter in which he was a passenger was shot down in Wardak Province, Afghanistan. After graduating from South Sioux City High School in 2003, Johnny knew he wanted to serve in the Navy. While initially he wanted to work on nuclear submarines, his love of dogs instead led him to become the lead dog handler serving with an East Coast-based Navy SEAL unit. Johnny earned numerous decorations throughout his five overseas tours, including the Bronze Star with ``V'' device, Joint Service Commendation Medal with ``V'' device, Army Commendation Medal, Presidential Unit Citation, Good Conduct Medal, Rifle Marksmanship Medal, and the Pistol Marksmanship Medal, among others. The son of Laotian immigrants, Sengchanh and Phouthasith Douangdara, Johnny was never outspoken about his career. He was a humble man, a man doing a job he loved and a job in which he believed strongly. And in that belief, he and his dog, Bart, selflessly climbed aboard a Chinook with 29 other U.S. service members and 8 Afghans, rushing to help a band of Army Rangers pinned down by enemy fire. That helicopter was shot down in what has become the single deadliest incident for the U.S. military in this 10-year operation. Johnny knew the dangers he faced and the risks he took working with the Navy's elite SEALs. He also knew the importance of the work he did in the Navy on behalf of his fellow Americans. He risked--and ultimately sacrificed--his own life so that people a world away could have the chance to enjoy the freedoms he and his family had found in America. PO Johnny Douangdara and Bart made the ultimate and most valiant sacrifice in service to their country, and my condolences and prayers go out to Johnny's family and friends. His heroism and selflessness will remain an inspiration for all of us. Staff Sergeant Patrick Hamburger Mr. President, I also rise today to honor a true American hero, SSG Patrick Hamburger of Lincoln, NE, who was tragically killed on August 6, 2011, when the CH-47 Chinook helicopter in which he was a passenger was shot down in Wardak Province, Afghanistan. Sergeant Hamburger was born in Sioux City, IA, on Memorial Day, May 25, 1981. In 1985 his family moved to Lincoln, NE, where Patrick graduated from Lincoln Southeast High School in 1999. While still attending school, Patrick chose to use his talents and serve his fellow citizens as a member of the Nebraska National Guard. Patrick met Candie Reagan and her daughter, Veronica, in 2005. In 2008 the three of them moved to Grand Island, NE, where Patrick served as a full-time helicopter flight engineer with the 2-135th General Support Aviation Battalion. In January 2009, Candie gave birth to their daughter, Payton. There is no doubt that while Patrick loved being a soldier, he loved his family more. Patrick was less than 2 weeks into his deployment when he selflessly climbed aboard a Chinook with 29 other U.S. service members and 8 Afghans, rushing to help a band of Army Rangers pinned down by enemy fire. The helicopter was shot down in what has become the single deadliest incident for the U.S. military in this 10-year operation. Patrick knew the dangers he faced and the risks he took. He also knew the importance of the work he did in the Army on behalf of his fellow Americans. He risked--and ultimately sacrificed--his own life so that people a world away could have the chance to enjoy the freedoms he had found in America. Patrick is survived by his girlfriend, Candie Reagan; her daughter, Veronica Reagan; their daughter, Payton; his mother and stepfather, Joyce and DeLayne Peck of Lincoln; father and stepmother, Douglas and Shaune Hamburger of Knoxville, TN; brothers, Michael of New York, NY, and Christopher of St. Louis, MO; grandparents, Willard and Jacque Hamburger of Omaha; stepsiblings Jessica, Jeremy, and Joshua Francis of Knoxville, TN; and numerous other family members and friends. Sergeant Patrick Hamburger made the ultimate and most valiant sacrifice in service to his country, and my condolences and prayers go out to his family and friends. His heroism and selflessness will remain an inspiration for all of us. Sergeant Joshua J. Robinson Mr. President, I further rise today to honor a true American hero, SGT Joshua J. Robinson of Nebraska, who was tragically killed on August 7, 2011, in Helmand Province, Afghanistan. Joshua grew up on a 100-acre farm near Oak, NE, where he would spend his days hunting and tracking in the back pasture. Joshua took the skills he learned in his early years with him into the Marine Corps, where he quickly excelled and became an instructor, teaching younger marines how to track the enemy and survive in the mountains. Joshua even developed an enemy-tracking course which is believed to be the first of its kind. Joshua deployed three times to Iraq before being sent to Afghanistan, leaving at home his wife, Rhonda, and two sons, Wyatt and Kodiak. Although he was a proud, smart, tough marine, he was first and foremost a loving father and husband. I offer my most sincere condolences to the family and friends of Sergeant Robinson. He made the ultimate and most courageous sacrifice for our Nation, and his sons will grow up knowing their father was truly a hero. I join all Americans in grieving the loss of this remarkable young man and know that Sergeant Robinson's passion for serving, his leadership, and his selflessness will remain a source of inspiration for us all.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, today I pay tribute to the best collegiate wrestler in America, Jordan Burroughs, who is an All-American from my alma mater, the University of Nebraska-Lincoln. Earlier this year Jordan was awarded the Dan Hodge Trophy, which is often referred to as the ``Heisman Trophy of wrestling.'' This award is named in honor of Dan Hodge, who was undefeated during his 3-year career at the University of Oklahoma. The criteria considered for the Hodge Trophy, according to the University of Nebraska, are the wrestler's record, number of pins, dominance on the mat, past credentials, quality of competition, sportsmanship, and heart. Wrestling at 165 pounds, Jordan compiled an impressive 36-to-0 record this last season and captured his second crown from the National Collegiate Athletic Association; his first was in 2009. Despite Nebraska facing one of the toughest schedules in the Nation this year, Jordan had only three matches this season which did not end by pin, tech fall, or a major decision. Congratulations also go to Nebraska's head wrestling coach, Mark Manning, who recruited Jordan from Winslow Township High School in Sicklerville, NJ, where Jordan was listed as the seventh best high school wrestler in the country. As Coach Manning says, ``Winning the Hodge Trophy puts Jordan in an elite group of wrestlers and makes a strong statement about him as an athlete.'' Most recently, Jordan Burroughs added to his list of impressive tournament wins by taking home his first senior international wrestling gold medal on July 17, 2011, at the Outstanding Ukrainian Wrestlers Memorial International in Kiev, Ukraine. There will be other matches between now and next year, but his ultimate goal is to compete at the 2012 Summer Olympics in London, England. From the Garden State to the Cornhusker State, Jordan Burroughs makes us all proud as America's best collegiate wrestler of 2011. As a former Husker, he will forever remain in the hearts of Big Red fans everywhere who will continue rooting for him wherever his travels take him.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, today I join Senator Mike Johanns and Congressman Adrian Smith of Nebraska in paying tribute to the National Park Service, which will be celebrating its 95th anniversary this year on August 25, 2011. The National Park Service currently administers 394 units across 49 States and U.S. territories, including five National Park Service units in our home State of Nebraska. These units consist of the Agate Fossil Beds National Monument, Homestead National Monument of America, Missouri National Recreational River, Niobrara National Scenic River, and Scotts Bluff National Monument. In addition, the National Park Service administers five National Historic Trails, including the California, Oregon, Pony Express, Mormon, and Lewis and Clark. National Park areas generate $12 billion in tourism dollars to local economies, creating 247,000 private-sector jobs. Within Nebraska, National Park Service units generate approximately 8.8 million in tourism dollars and create approximately 170 private-sector jobs. And in western Nebraska, Agate Fossil Beds and Scotts Bluff monuments, along with the Chimney Rock National Historic Site, which is an affiliated area of the National Park Service, generate close to $3 million in tourism dollars and create 90 private-sector jobs. Nebraska has been supportive of the mission of the National Park Service even before the agency existed. In fact, in 1914, 2 years before the National Park Service was created, citizens in the Scottsbluff/Gering area sought to get a National Park or Monument established. Prominent local champions included elected officials and newspaper editor, A.B.Wood. Scotts Bluff National Monument is named for a fur trapper by the name of Hiram Scott who was wounded and deserted by his companions in 1828. He gained immortality by making his way to a magnificent formation of bluffs along the North Platte River before succumbing to his wounds. It was for Hiram Scott that Scotts Bluff National Monument, Scotts Bluff County, and the city of Scottsbluff have been named. Scotts Bluff National Monument, which rises 4,649 feet above sea level, was an imposing landmark which guided wagon trains along the California, Oregon, Pony Express, and Mormon Trails. Native Americans originally called this natural formation ma-a-pa-te, which translates into ``hill that is hard to go around.'' The Summit Road to the top of the bluff was completed in 1937, allowing visitors to drive to experience the spectacular view of the valley 800 feet below. This road is the oldest existing concrete road in Nebraska and includes the only three automobile tunnels in our State. In the Scottsbluff/Gering area, numerous events to commemorate the 95th anniversary of the National Park Service have been scheduled for August 2011, beginning with a Kick-Off Ceremony at Scotts Bluff National Monument on August 12, 2011. Platte Valley Attractions, a coalition of visitor venues in and around the area, is hosting a variety of events and special exhibits through grants and donations from local and regional sponsors to commemorate the theme, ``Westward Expansion as seen through National Parks,'' including: Farm and Ranch Museum is hosting westward expansion orientation films and an interactive exhibit of westward expansion transportation methods. Midwest Theater is hosting both the premiere of a new documentary film on the Pony Express and a film by Ken Burns on America's National Parks. North Platte Valley Museum is hosting a westward expansion map exhibit. Western Nebraska Community College is hosting a seminar, ``Recognizing and Preserving Westward Expansion,'' with speakers who are all nationally recognized in their fields. Western Nebraska Community College sponsored a summer youth camp that developed posters to help promote these commemorative events. Again, on behalf of the people of Nebraska, we offer our congratulations to Scotts Bluff National Monument on its Kick-Off Ceremony and the National Park Service on its 95th anniversary.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, today I wish to note the golden anniversary of an event that has saved thousands and thousands of lives. It was 50 years ago this year that the Institute of Critical Care Medicine was founded as a nonprofit public foundation at the University of Southern California School of Medicine. Thus was born the concept that life-threatened patients have a substantially better chance of survival if minute-to-minute care is provided by highly trained physicians and nurses in emergency rooms and in special intensive care, coronary care, and postoperative care units. This concept that dangerously ill patients have a better chance at recovery under the care of specially trained physicians and nurses in emergency rooms and intensive care units is standard today but it was revolutionary in 1961. Considered one of the fathers of critical care medicine who founded the Institute of Critical Care Medicine a half century ago, Dr. Max Harry Weil is also the founding president of the Weil Institute of Critical Care Medicine that continues to operate in Rancho Mirage, CA. My colleague, Senator Barbara Boxer would like to join me in recognizing Dr. Weil and his institute and offer our congratulations on a half century of medical success and best wishes on many more successful years to come.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Madam President, I rise today to speak about legislation that I believe is very important for the future of health care fairness in our country. Yesterday, I introduced the Savings Through Eligibility Fairness Act, which addresses Medicaid fairness and debt reduction. My friend and colleague from Wyoming, the ranking member of the HELP Committee, Senator Enzi, has a shared interest in this issue, and I commend and appreciate his offering of similar legislation and offer to continue to work with him to deal with and find solutions to this issue. Medicaid is an important safety net for Nebraska and our country's most vulnerable families. I am committed to making sure they will continue receiving health care coverage. Unfortunately, the health care reform law passed last year would inadvertently make some middle-class Americans eligible for Medicaid who should not be eligible for Medicaid. My bill changes the law to ensure that only the neediest Nebraskans and Americans would qualify for the Medicaid expansion and health exchange subsidies created by the health reform law. This simple, reasonable change has a significant impact: It saves $13 billion. Let me repeat that--$13 billion worth of savings. My bill commits that $13 billion will be used to pay down the national deficit. As Washington debates various debt-reduction plans, my bill offers one concrete, commonsense way to reduce the national debt by $13 billion. We hear a lot of different ideas but not with the same level of concrete, commonsense approach. I regularly hear from Nebraskans who are already benefiting from the new health care law--children remaining on their parents' coverage, seniors closing the doughnut hole, and young people no longer being denied coverage because of preexisting conditions. Those are Nebraskans who are already benefiting from the new health care law. So improvements such as the one I have proposed will save money and help reduce the national debt, while still protecting health care for Nebraska and American families. In the current debate of how best to reduce spending and reduce our Nation's deficit, I believe Congress should start with this commonsense approach. It will maintain sensible eligibility requirements for the Medicaid expansion and health exchange subsidies rather than focusing on shifting costs to States, providers, and the people who rely on this most important program. Right now, most States do include Social Security income when deciding who will be eligible for Medicaid. So my legislation will maintain that definition for establishing eligibility for both Medicaid and health exchange subsidies. Keeping this same definition consistently will ensure Medicaid will not start down the path of covering middle-income families, which has never been the purpose of this program, nor should it be. Rather, Medicaid is part of a critical safety net for the most vulnerable and the most in need. Let me point out an important fact. Those who would no longer qualify for the Medicaid expansion would still be eligible to receive health insurance coverage through the State health insurance exchange and subsidies where appropriate. So they will receive the health care they need. As a result, the Congressional Budget Office has estimated that the savings through the Eligibility Fairness Act will have a negligible effect on the total number of individuals projected to be insured as a result of health care reform. Let me conclude and summarize by saying that Medicaid is an important health safety net for Nebraska and America's most vulnerable citizens. I am committed to preserving this program for more than 200,000 Nebraskans out of 1.85 million who include children, seniors, pregnant mothers, and the disabled. I am committed to maintaining this coverage for these Nebraskans in this fashion. I yield the floor, and I suggest the absence of a quorum.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, I rise today to honor Army SPC Joseph Cemper who, while serving his country honorably, was killed on April 16, 2011, by a suicide bomber at Forward Operating Base Gamberi in Nangarhar Province, Afghanistan. Following in the footsteps of his father, SFC Eugene Cemper, Joe joined the Army in September 2009. The U.S. Army was their passion, and both of these individuals took great pride in serving their country. Joe served admirably as a transportation management coordinator with the 101st Special Troops Battalion, 101st Sustainment Brigade of the 101st Airborne Division out of Fort Campbell, KY. He bravely earned the prestigious Bronze Star, as well as a Purple Heart and the Combat Action Badge. Joe grew up in Papillion, NE, where his grandparents continue to live, before moving with his immediate family to Warrensburg, MO, where he played football and was an accomplished high school wrestler. Joe was highly competitive and energetic, yet always carried a smile. He was a family man; his happiest times were when the family got together to spend time in the backyard barbecuing. Joe recently became a father himself when he and his high school sweetheart Abbie gave birth to a son, Liam, on March 15, 2011. SPC Joseph Cemper served his country honorably and made the ultimate sacrifice for his fellow Americans. His courageous choice to protect his country and help the people of Afghanistan achieve peace and security represents all that we can be proud of in our Armed Forces. I and all Nebraskans are proud to know that Joseph has been laid to rest in his native State of Nebraska. I commend SPC Joseph Cemper's bravery and selflessness, while offering my deepest condolences to his fiancee Abbie; son Liam; mother Angie; father SFC Eugene Cemper; grandparents; brothers and sisters; friends; and fellow servicemembers he left behind. It is a small comfort for those who must now go on without one they loved so dearly, but they know that Specialist Cemper gave his life for a noble goal. I join all Nebraskans indeed, all Americans in mourning the loss of this fine young man. His heroism and his life will remain an inspiration for us all.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, I rise to thank Father Steven Boes for delivering the opening prayer this morning. Father Boes has been a priest of the Archdiocese of Omaha since 1985. He has more than 20 years experience as a counselor and youth advocate in Nebraska. Father Boes served 8 years as director of the St. Augustine Indian Mission and School in Winnebago, NE. He established programs to help Winnebago and Omaha children preserve their traditional language, spirituality, and culture while preparing them for higher education. In 2005, Father Boes was named the executive director of Boys Town, one of the largest childcare organizations in America. Boys Town provides compassionate, research-proven treatment for children with behavioral, emotional, and physical problems. Father Boes is the fourth priest to succeed Father Edward Flanagan, the founder of Boys Town. As a young priest in Omaha, Father Flanagan had grown discouraged in his work with transient men. His frustration led him to borrow $90 to rent a drafty downtown boarding house and open his first home for boys in 1917. Youngsters from all over Omaha soon began showing up at the doorstep of Father Flanagan's Home for Boys. Father Flanagan said: When the idea of a boys' home grew in my mind, I never thought anything remarkable about taking in all of the races and all of the creeds. To me, they are all God's children. They are my brothers. They are children of God. I must protect them to the best of my ability. In 1921, Father Flanagan moved his boys home to a farm just outside of Omaha, and it soon became known as the Village of Boys Town. By the 1930s, hundreds of boys lived there. The world learned of Father Flanagan's success in 1938 when he was played by Spencer Tracy in the ``Boys Town'' Hollywood movie. Boys Town began admitting girls in 1979 and established programs at more than one dozen sites across the country in the mid-1980s. Under the leadership of Father Boes, Boys Town has focused on implementing its unique integrated continuum of care to strengthen a child's mind, body, and spirit. Father Boes is also expanding Boys Town's role in advocating for changes to our childcare system, which is often fragmented, expensive, and ineffective. He has called for smarter investments and earlier interventions for at-risk children, which can prevent much more expensive problems for society if those children fall through the cracks. For instance, keeping a 14-year-old from dropping out of high school will end up saving taxpayers about $500,000 over that child's lifetime. Keeping him from becoming a career criminal will save as much as $5 million. Almost a century ago, Father Flanagan said: There is nothing the matter with our growing boys that love, proper training, and guidance will not remedy. Father Boes continues to carry out that mission of healing today. I thank Father Boes--I know we all do--for his devotion to building healthy, positive lives for children, and I thank Father Boes for his words here this morning. May they indeed guide us to do what is right for America and the world. Thank you, Mr. President.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Madam President, I rise to speak on my amendment proposing a sense-of-the-Senate agreement to cut the Senate's budget by at least 5 percent. When I go home every weekend, people come up to me at the grocery store, hardware store and elsewhere, and they tell me they are concerned about our national debt and deficit. They want Washington to cut spending and bring down the cloud of debt that hangs over our economic environment. As chairman of the Senate Appropriations Legislative Branch Subcommittee, I have been pursuing a 5-percent cut in this year's budget for Congress and agencies and offices on Capitol Hill. We cut this budget a year ago, we are cutting it this year, and we will be back for further cuts next year. My amendment says that as Congress pursues comprehensive debt reduction while conducting major military action on two fronts, all in the midst of a fragile economic recovery, Congress still should not be exempt from the pain. Fiscal restraint starts at home and with our own budget. I yield the floor.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. The Chairman of the Joint Chiefs of Staff, Admiral Mullen, noted that the most significant threat to our national security is in fact the national debt. The Nation is in a fragile state of recovery, one that we hope will improve the unemployment situation in our country and will improve the overall economy. But as we look at dealing with the deficit and deficit reduction, we must in fact pursue a very important part of that reduction ourselves here within the confines of the Senate. The offices and agencies that serve the Members of Congress have to be reduced along with the rest of the budget. In order to address the Nation's fiscal crisis I think the Senate must lead by example and reduce our own legislative budget. It is in that context I have introduced this resolution of the Senate today, a sense of the Senate that it should lead by example and reduce the budget of the Senate by at least 5 percent. This is not something new to me. Two years ago, we held the line in the growth of the Senate budget. A year ago we cut the legislative branch budget. We are looking forward, beyond this current budget, this continuing resolution, and looking at 2012. I hope the legislative branch on a bipartisan basis--as in the past, with Senator Murkowski, now with Senator Hoeven--will be able to further reduce the legislative branch budget as we go forward on the 2012 budget that will take effect on October 1 of this year. This is designed for us to set an example by cutting our own budgets, not just asking other people to tighten their belts and go through the process of deficit reduction through cuts, but to lead by example and do it ourselves. Obviously there will be an opportunity to speak more at a later time. I hope that will generate some more discussion on the floor of the Senate. I yield the floor.

Mr. NELSON of Nebraska. Mr. President, I ask unanimous consent to dispense with further reading of the amendment.

Mr. NELSON of Nebraska. Mr. President, I ask unanimous consent to call up the amendment I just sent to the desk.

Mr. NELSON of Nebraska. Ordinarily, I would grant that request, but I have a speech at another location that should be starting about right now. So I will be brief.

Mr. NELSON of Nebraska. Sure.

Mr. NELSON of Nebraska. Mr. President, I rise to speak on the amendment I have just offered dealing with cutting the Senate budget by at least 5 percent. When I go home every weekend and I am at the grocery store or I am at a hardware store, I have people coming to me saying they are concerned about the growing deficit, they are concerned about the increasing debt, and they are asking what Congress can do, what can the Senate do, specifically, to avoid having this unsustainable growth and debt and deficit. They are concerned. In many respects, the growth of that debt is most threatening to the national security of this country.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, I rise to speak about the two budget bills we will be voting on shortly that purport to cut spending in Washington. I appreciate the comments of my good friend from Missouri, Senator McCaskill, in pointing out many of the shortcomings of the two pieces of legislation. I am here to deliver a eulogy. Both bills are dead, and they deserve to be dead. One bill cuts too little; the other bill has too much hate. Neither one is serious. Most important, neither will pass, and they shouldn't pass because they are unfair. They are not in the best interests of Nebraskans and taxpayers across our country. About the only thing they are serious about is guaranteeing shutting down the government. Nebraskans want serious spending cuts, but these bills are loaded with tricks, treats, gimmicks, and games. On one side, we see a bill that simply cuts too little. It purports to cut spending by $50 billion, but when you push through the thicket of gimmicks, it actually only cuts about $6 billion. In a budget of more than $1 trillion, a cut of about one-half percent isn't enough. It will not get runaway government spending under control, nor will it begin to bring down that unsustainable national debt that endangers America's future. To win my support, there needs to be more cuts in spending and they need to be real and reasonable. That brings me to the other bill. The other bill is H.R. 1. It is chock-full of provisions pushing a political agenda snuck into the bill in the middle of the night. One provision is an attack on America's farmers. It aims to block allowing the use of more American-made ethanol in our cars and trucks. Today, cars and trucks can use gas with 10 percent ethanol. The government has just approved a 15-percent ethanol blend. There is no cost, but that didn't stop some from sneaking in an unfair ban. Cutting back on ethanol at a time when gas prices are above $3.50 a gallon nationwide, and rising fast, is the wrong thing to do. Worse, it is a gift to foreign oil. Looking at all the violence and turmoil we are seeing on TV in a key oil-producing region of the world, it seems the worst possible gift at the worst possible time. Another political agenda item in H.R. 1 will eliminate public television in Nebraska--an educational resource for our citizens and an informational lifeline in many parts of Nebraska. This bill makes other sneaky attempts to push a political agenda. It eliminates poison control centers, blocks a consumer database people might use to determine a product's safety, and keeps high-speed Internet service out of rural areas. H.R. 1 also limits urban homeland security funds and sets the limit arbitrarily at 25 cities. That will likely bar any future funding to the largest city in my State. While some might not think of Omaha as a terror target, let me tell you it is the home to the U.S. Strategic Command, a major national telecommunications hub, and is a key rail and highway crossroads for freight and transportation. On the spending side, the House bill makes unfair cuts to the States, including mine, that will cost Nebraskans hundreds of jobs and, indeed, unnecessary hardship. For example, more than 1,200 Nebraska children would lose access to Head Start, which has proven to help students complete high school. The bill cuts Pell tuition grants that 43,000 Nebraskans need to afford college. In addition, the $75 million cut for homeless veterans' housing vouchers seems absurd. To quote the Director of the Omaha Veterans Hospital: ``This is a very big deal for those veterans and the community.'' This could impact 10,000 homeless veterans nationwide. In Omaha alone, 240 veterans have used these vouchers, and there are likely 600 more who need this help to find permanent housing. After all is said and done, the bottom line is Washington hasn't gotten serious. I will not be held accountable for the failings of the House and the Senate. I can, however, be held accountable for 1 of the 12 spending bills that fund the government. As chairman of the Senate Appropriations Legislative Branch Subcommittee, I have the responsibility to oversee the spending bill for Congress. We cut spending last year, we are cutting spending by 5 percent this year, and we will be back for more cuts next year. Last year, Senator Murkowski and I did this before all the campaign- style speeches about cutting began. It was clear she didn't bring a political agenda to the table, and I hope she knows I didn't either. This year, in working with Senator Hoeven--also a former Governor, as I am--who is now ranking member on the subcommittee, I have every reason to believe he also will be serious and fair as we reduce spending in next year's budget. Cutting the spending for Congress--for our offices, committees and staff, our buildings, our police--and our efforts on this Hill is an effort to lead by example. Our committee's bipartisan example could serve as a model for how the other 11 spending bills are handled. Our message, to paraphrase Harry Truman, is: The buck shrinks here. Soon, we will vote on the two spending bills. One has done nothing to attract Republicans; the other has done nothing to attract Democrats. In the end, we have bills that will divide. They do not unite Congress. For the reasons I have given, I will vote against both. Then what is next? Washington needs to put aside all the games and gimmicks, the treats and tricks, and come together and do what is right for the American people by passing the budget. They deserve it, they are owed it, and it is now time. Mr. President, I yield the floor.

Mr. NELSON of Nebraska. Mr. President, I ask unanimous consent to speak for up to 8 minutes.

Mr. NELSON of Nebraska

Mr. NELSON of Nebraska. Mr. President, I strongly oppose a provision included in the FAA Air Transportation Modernization and Safety Improvement Act that would eliminate the Essential Air Service Program at those airports boarding 10 passengers or less per day. Essential Air Service, EAS, truly is essential to the communities of Alliance, Chadron and McCook in my home State of Nebraska being impacted by this provision. In all, there are 40 rural airports in several States across the country which would no longer be a part of the EAS Program if this provision is included in any piece of legislation signed into law. The adoption of this amendment to the FAA bill is bad for Nebraska and bad for rural America. The communities and surrounding areas being served by these airports use them as economic development tools and rely on having commercial air service in order to stay connected to our Nation's transportation network. The many Nebraskans who have contacted me about this attempt to cut off EAS funding for their rural airports have expressed great concern about how losing EAS support would be devastating to their communities' ability to attract employers and create jobs. During a time when our country is starting to see glimpses of economic recovery, cutting off EAS support for these airports is not the answer. As a supporter of the EAS Program and someone who always considers the impact any legislation will have on rural Nebraska, I once again express my opposition to this provision and will work to see that it is not included in any final legislation authorizing our Nation's aviation programs.