Floor Statements

Mr. Speaker. I rise today to recognize a true patriot and mentor, not only to myself, but to all the Marines that served with him, Colonel Alan Orr. Col Orr recently retired from the United States Marine Corps last week on July 26, 2013. While he may be hanging up his service uniform, Col Orr will continue to serve those who have sacrificed so much in defense of our country in his role as President and Founder of Combat Marine Outdoors.

Col Orr graduated from the University of Michigan and then went off to Officer Candidate School where upon completion he was commissioned as an officer in the United States Marine Corps. Col Orr was an outstanding artillery officer, commanding several Firing Batteries, a Marine Corps Recruiting Station, an Artillery Battalion, and an Artillery Regiment. It was during this period that I had the distinct honor of serving with Col Orr when he was my Battalion Commander in 2004.

Col Orr went on to graduate from the Marine Amphibious Warfare School in Quantico, Virginia, and the Field Artillery Officer Advanced Course in Fort Sill, Oklahoma. He is also a graduate, with honors, from the Marine Corps Command and Staff College, the Army War College in Carlisle, PA, and holds several Masters degrees. In addition, Col Orr has numerous combat tours from Operations Desert Shield and Desert Storm, to Somalia and Operation Iraqi Freedom.

But just as he has distinguished himself in combat and with his Marines in distant battlefields, his love for our Marines, sailors and soldiers extended from the front lines to the hospitals where our wounded warriors recover, and to life after the fighting has ended. Col Orr, along with a group of devoted hunters, ranch owners and patriots, has shown to our wounded heroes that excitement and adventure doesn't end with their battle wounds.

In 2005, after visiting wounded Marines from the 1st Marine Division at Brooke Army Medical Center, Col Orr and other founding members created Combat Marine Outdoors, an organization that not only accelerates the recovery process, but restores hope in our servicemen and women. In collaboration with thousands of contributors and over 50 ranches, the

Combat Marine Outdoors has provided well over 200 wounded veterans from Balboa Hospital to Walter Reed with the opportunity to hunt and fish. These outdoor experiences foster the opportunity to engage in a challenging experience that promotes teamwork and camaraderie. In many cases, these excursions facilitated a turning point in emotional recovery through a challenging experience that helps our wounded military men and women regain confidence through a sense of accomplishment.

Col Orr is an accomplished professional, the most knowledgeable artillery officer I have ever known. But his impact to those Marines on and off the battlefield is immeasurable. I am honored to have served with Col Orr, a man who not only personifies military discipline, but exudes the compassion and love for our young warriors through a life of service above self

I ask my colleagues join me in recognizing the exemplary military service of Col Alan Orr and his continued dedication to the young men and women of our Armed Forces.

Mr. Speaker, I rise in support of Armando Torres, an American and former Marine who was kidnapped in Mexico. Armando served in the Marine Corps from 2005 to 2011, completing tours in Iraq and Africa. He is a native of Texas and the father of two small children.

In the Marines, we were taught to leave no person behind, and we must uphold that commitment to Armando. The United States and Mexican Governments have been working to find Armando, but it is clear that much more can be done. That is why the State Department and Justice Department must raise the visibility of this issue, and send a clear message to his captors that the United States will not tolerate the kidnapping of one of its citizens. Marines and their families from across our Nation have been rallying around Armando's cause, and it is time for all of us to join them, so we can ensure that Armando will be safely returned home to his family.

Mr. Speaker, the purpose of my statement is to inform the House that my absence last week, from July 8 to July 12, and on Tuesday of this week, July 16, was due to a necessary surgical procedure called anterior cervical disc fusion, performed by an outstanding team of professionals. With recovery underway, I'm eager to get back to work alongside the rest of my colleagues.

Mr. Speaker, I rise today to recognize the service of Sergeant Major John K. Gilstrap, who is retiring from his service to the United States Marine Corps on October 1, 2013.

For three decades, SgtMaj Gilstrap faithfully served this country in various capacities, rising to the highest enlisted rank of Sergeant Major. He began his Marine Corps career entering basic training in September 1983 at Parris Island, South Carolina. From there he went on to serve at Camp Pendleton, and Okinawa with his Marine Attack Helicopter Squadron. SgtMaj Gilstrap then participated in Operation Desert Shield/Desert Storm, Operation Sea Angel, and Operation Restore Hope.

In the spring of 1996, then a Staff Sergeant, Gilstrap had the distinct honor of personally building and shaping young men into harden Marine warriors as a Drill Instructor and Senior Drill Instructor at Marine Corps Recruit Depot San Diego. In the Marine Corps, there are few honors higher than being a Drill Instructor, having the responsibility of training the next generation of Marines to defend this great nation--Gilstrap did this with great honor.

In May 2001, SgtMaj Gilstrap reported to 1st Battalion, 11th Marines and its during this time that I had the distinct honor as a new Marine Lieutenant to serve with him overseas. While with 1st Battalion, 11th Marines, SgtMaj Gilstrap deployed to Iraq where he held the billet of Battery 1stSgt for Battery A and Headquarters Battery. At this time, he was also promoted to his current rank of SgtMaj.

While serving in Iraq, SgtMaj Gilstrap was awarded the Purple Heart when his vehicle was hit by an IED. Other decorations SgtMaj Gilstrap has received include the Meritorious Service Medal with gold star, the Air Medal with 1st Strike Flight Award, the Navy and Marine Corps Commendation Medal with gold star and combat Distinguishing Device, the Navy and Marine Corps Achievement Medal with gold star, and the Combat Action Ribbon.

SgtMaj Gilstrap currently serves as the Senior Advisor to the Chief Operating Officer at the Marine and Family Programs Division at Marine Corps Base, Quantico, Virginia. Throughout his career, SgtMaj Gilstrap has displayed the very traits and principles that are the core of the Marine Corps. Thank you for you and your family's devoted service to this country.

I am honored to share in the celebration of SgtMaj Gilstrap's military career, recognizing both his extraordinary leadership and his distinguished military service. Semper Fi!

I thank the gentleman for yielding.

As the chairman of the Subcommittee on Coast Guard and Maritime Transportation, it is my pleasure to rise today in very strong support of H.R. 2217.

Earlier this year, the President released a fiscal year 2014 budget that would cut funding for the Coast Guard by nearly 10 percent below current levels. This is the second year in a row that this President has asked the Coast Guard to sacrifice mission readiness and success to pay for his questionable spending at other agencies.

The President's budget would slash the service's acquisitions budget by 42 percent below current levels and would severely undermine efforts to recapitalize the service's aging and failing legacy assets, increase acquisition costs for taxpayers, and seriously degrade mission effectiveness. The President's proposed budget points to a future in which a downsized Coast Guard would fail to be able to accomplish even its most basic missions, and the cost could be measured in lives. Fortunately, the bill Chairman Carter has put before us totally rejects the massive cuts proposed by the President and ensures the Coast Guard is provided with the resources needed to carry out its very critical missions.

I want to thank Chairman Carter, Ranking Member Price, and staff for their tremendous efforts and for their commitment to the men and women of the Coast Guard and the safety of the maritime community.

Mr. Speaker, how much time remains?

Thank you, Mr. Speaker.

And this is probably appropriate coming after Mr. Jones speaking about the United States Marine Corps. I come before you today, Mr. Speaker, to talk about a great marine, a marine who was just in charge of Central Command and has retired and resigned after decades of service to this Nation, and let me start at the point where I was able to meet him.

Ten years ago today, the war in Iraq was under way. Nineteen days after the invasion, marines and soldiers had dismantled Saddam Hussein's regime. The takedown of Baghdad and Iraq was precise and supremely coordinated, much to the credit of Marine General James Mattis, who led the 1st Marine Division in Baghdad, and just recently completed his tour as the commander of Central Command.

On March 20, 2003, Mattis led the 1st Marine Division to the borders of Iraq. The marines' success and effectiveness, sustaining light casualties, was due to the intellect and the skill of one of the most cerebral warfighters of our lifetime, General Mattis. General Mattis is a tough man, exactly what you would expect from a United States Marine. He's practical in combat while laser-focused on securing the objective.

Let me give you an example, Mr. Speaker. On the march to Baghdad, General Mattis landed C-130s on the highway to keep vehicles and tanks moving. Mattis' marines outsmarted and overpowered Saddam's forces. In the aftermath, Mattis took a totally different tactic. It was harder to win the peace in Iraq to a certain extent than it was to win the war, but that is when Mattis let his intelligence and his outside-of-the-box thinking show through. In the aftermath, General Mattis and his commanders, working to build trust, establish alliances, and support projects that were important to the Iraqi people, befriended what some thought were the worst people in Iraq in the Anbar province where the bloody battles of Fallujah and Ramadi roared.

General Mattis was able to make friends with those sheiks and with those elders and brought about the awakening where those local tribes realized that al Qaeda was their enemy and not the Americans, and they then turned on al Qaeda in Iraq and that was able to precipitate the surge and the drawdown from Iraq where we won, largely as a testament to General Mattis' leadership.

There were a lot of other great generals--General Odierno, General Petraeus, General McChrystal, General Kelly, General Dunford, who's now in Afghanistan in charge of the International Security Assistance Force, a lot of great generals. But General Mattis stands out to me, and I would like to relay a quick experience.

When I got to Iraq in 2003, I was driving north to join the 1st Marine Division, and we got ambushed. My marine that was on the Mark 19 in the gun turret got shot in the arm. And at that point as a lieutenant, we were taught to drive out of an ambush as quick as possible and link up and go back and prosecute the enemy if we were able to. We weren't able to at this point. It was 2003. There was no radio communication at this point in time. We couldn't talk with higher headquarters. So me being the highest ranking officer in this convoy, and I was brand new in Iraq and, frankly, didn't know much about anything, we continued north to where the 1st Marine Division was headquartered in a little place called Diwaniyah.

General Mattis happened to be in the command operations center when I got there and dressed me down for not prosecuting the enemy that had ambushed my convoy. He was angry not that a marine was shot or not that we had escaped; he was angry because we didn't get after the guy that got after us. That's a real trait of General Mattis. But for a lieutenant like me who had been in country for a few hours, it was a stark awakening to, hey, you're in the war, and you have to live up to the expectations and the presence and the example set by people like Jim Mattis.

I got to meet General Mattis again in 2004 when I returned to Iraq in the battle of Fallujah. We would call General Mattis ``Chaos.'' That was his call sign because not only was he the cerebral and intellectual architect regarding a lot of what the Marine Corps did in the Anbar province, but he was also fearless. He would drive alone and unafraid by himself in his own light-armored vehicle, and he would show up anywhere he wanted to, day or night, in any kind of situation, whether there was a fire fight going on or not. And I tell you, he earned the respect, rightfully so, of every single marine and every single soldier who saw him on the front lines during those wars.

General Mattis is now CENTCOM commander. Through his leadership, CENTCOM has overseen the Afghan war with a level of confidence and strategy that is indicative of General Mattis' touch. Aspiring leaders would be smart to take a lesson from General Mattis. He well served the United States Marine Corps and America for more than 40 years.

I would argue, Mr. Speaker, that this administration with this Commander in Chief likes military leaders who agree with it, military leaders that give this administration the answers that they like to get about the way that the world is today. And they are opposed, frankly, to military leaders who give their honest opinions, regardless of who is Commander in Chief.

General Mattis is the type of person that our military needs now more than ever before. And as he prepares to leave CENTCOM, for reasons that appear to possibly hinge on politics and this administration and General Mattis' take on Iran, I can say that I speak for the marines who have served under Mattis that a leader of his kind is near impossible to replace.

I would like to read a couple of quotes. This book is called ``Victory in Iraq: How America Won.''

The opening page, General Mattis is featured speaking to his Marines, the 1st Marine Division, in Iraq, or in Kuwait before the invasion. Here's what he said:

When I give you the word, we will cross the line into Iraq.

For the mission's sake, our country's sake, and the sake of

the men who carried the division's colors in past battles,

who fought for life and never lost their nerve, carry out

your mission and keep your honor clean. Demonstrate to the

world that there is no better friend, no worse enemy than a

United States Marine.

I would like to give General Mattis the appreciation of the entire United States House of Representatives and every single Marine, past, present and future, and every single American that owes, at least partly, the safety of this Nation to people like him and to him, literally and explicitly, for what he's done for this Nation.

Semper Fi, General Mattis. We hope that retirement treats you as well as your Marine Corps did.

I yield back the balance of my time.

I thank the gentleman from Texas. And my good friend from Missouri, thank you for your kind words about Mac--Nelson ``Mac'' MacWilliams. See, he passed away about a year ago on December 20, 2011, in an unfortunate car accident that cost him his life on one of the most dangerous roads in San Diego County. He was a dedicated public servant, proud Navy veteran, an all-around great guy to be around.

San Diego is not just the city part where there's the ocean and the beach. There's the back country in San Diego. You have small towns like Ramona where everybody knows each other. There is literally a place called Cheers. It's a bar in Ramona where everybody does know your name. You could find Mac there after work on Sundays.

He was a member of the VFW. Like my friend said, he was in the Navy from 1977 to 1999, where he became a Navy chief. Anybody who knows the Navy or knows the U.S. military, they understand that the Navy runs on its chiefs. The chiefs are the ones that actually get things done, the ones that you look to when you need to cut through the red tape and cut through the bureaucracy.

Mac was also a member of the Veterans of Foreign Wars Post 7783 in Ramona, California. It was because of their request, along with others in Ramona, that I introduced this bill to name the post office in Ramona for Mac.

When the devastating wildfires hit San Diego in 2007, Mac answered the call to service again, working tirelessly helping victims get assistance to rebuild their homes. As we can see from Hurricane Katrina or Hurricane Sandy, when natural disasters happen, the bureaucracy is sometimes hard to get through, but Mac specialized at that as a Navy chief.

He did the same thing working as the executive director of the Ramona, California, Chamber of Commerce for 4 years. In his position, he advocated for businesses and built lasting relationships across the region.

But Mac wasn't a big business guy. He came out of the Navy. The reason he was chosen for that position was because he was great to be with, he knew how to get along with people of differing views and ideologies, and he simply knew how to get things done.

The VFW said in their letter:

One of Mac's traits was that he was always ``on duty.''

There was never a problem too small which did not dictate 100

percent effort to have it corrected.

In fact, on the day he died, Mac was coming into my office because he was in the middle of some casework for a constituent and didn't want to wait until he got back from Christmas vacation.

At his funeral, one of my constituents and VFW Post member, Dale Smith, described Mac by saying:

Mac was a gentle, intelligent individual and a ``get-it-

done'' kind of guy, no matter what obstacles stood in his

way.

He was a proud veteran and public servant who served his country in the Navy and served the people in his community on veterans and military issues. He had a profound impact on his community and deserves recognition for his contributions, and naming the post office for him in the community he did so much for is a fitting way to commemorate his memory.

Mr. Speaker, I just want to take a brief moment to wish a very Happy Birthday to my son, Duncan, who turns 12 years old today. Call it a coincidence, Mr. Speaker, but he turns 12 on 12-12-12. It's a special day for a very special boy.

He's got a lot of great qualities, but it's his dedication to doing what's right when no one is looking that makes me, as his father, so proud. He's also got a great sense of humor and his energetic love for life is both infectious and inspiring. So on this occasion, Mr. Speaker, and as I think about how the last twelve years have gone by way too fast, I want to wish him a very Happy Birthday.

Thank you, Mr. Speaker.

It is my unfortunate honor to come before you and speak about a true son of America who lost his battle with cancer 6 days ago on November 22. I have an article here from the local paper in San Diego talking about Dan McKinnon, and it says, Dan McKinnon: Navy pilot, radio, and airline executive. Appointed to two Federal boards, was son of San Diego congressman. Those are a lot of things, but Dan McKinnon was so much more than those, even put together.

First, his father was a Democrat congressman from San Diego here in the 1950s, probably stood at this table and spoke like I'm speaking now. Dan was a page, when we still had pages in this House on this floor in the fifties during the Truman administration as well. He had a great respect and love for this country, and he had a great respect and love for this body and the institution.

He has some great claims to fame. One of those is this: As a young man, Dan served in the Navy as a helicopter pilot, and he's credited with 62 saves on land or sea. That's more saves during peacetime than any other Navy pilot in American history. He loved the Navy and he loved flying, and that led him to do other things later in his life. But he was a great pilot. He was inspired to fly from some words taken from the movie ``The Bridge Over Toko-Ri.'' And basically the words-- I'm going to summarize what made him want to be a helicopter pilot. There were some folks talking in this movie, and they basically said: Where does America get these kinds of people that want to fly off these little platforms that are floating in the ocean, go and rescue men or take out the enemy, and then fly back out to these platforms again in the middle of the ocean, try to find those platforms and then land on them? Where does America get them? They are the greatest in that country.

That inspired Dan to join the Navy and do exactly that--to fly helicopters and rescue his fellow sailors that had the bad luck or the bad skills to land in the water.

He bought a country radio station in San Diego and transformed it, made it into one of the most successful radio stations in San Diego County. At the same time, in 1977 he was the president of the Country Music Association in Nashville. He also served on the National Association of Broadcasters' board of directors here in Washington,

Mr. Speaker, I rise today to express my profound respect for the four patriotic Americans who gave their lives on behalf of this nation, when the U.S. consulate in Benghazi, Libya, was attacked on the 11th anniversary of the 9-11 terrorist attacks. All of them are heroes not just for their service in a foreign land that presented danger and a difficult diplomatic mission, but also for their selfless actions to defend the consulate and their immeasurable sacrifice protecting the cause of freedom.

One of the brave Americans who stayed at the consulate to repel the assault by a band of terrorists was former Navy SEAL, Glen Doherty. Glen was an inspiration in every part of his life, but his actions in the face of immense danger and personal risk, which saved the lives of many others, were not a surprise to those who knew him best. Glen's passion for life, his unbreakable loyalty and his commitment to helping others were only some of the reasons why he was so admired and respected, both personally and professionally.

When the consulate was attacked, Glen fought tirelessly throughout the night and into the next morning. It was on September 12 that Glen lost his life, after a mortar attack on the consulate. Because of Glen's awareness, his tactical coherency and experience as a sniper and combat paramedic, lives that otherwise might have been lost were preserved. And we all take great pride in the fact that Glen was someone who faithfully represented the most enduring and admired quality that's associated with elite combat warriors like the SEALs. He stood his ground. He never gave up and he fought hard to the end.

Glen's pioneering spirit, his determination and his selflessness is emblematic of America's goodness and the willingness of so many of our citizens to sacrifice for causes bigger than themselves. The preservation of freedom is dangerous and costly, but individuals like Glen are the reason why freedom is possible for others across the world who are eager to break the chains of oppression and put an end to violence that threatens innocence.

Glen's legacy now lives through a foundation in his name: The Glen Doherty Memorial Foundation. The foundation honors Glen's life and his beliefs, truly a fitting way to ensure that his ambition to serve and protect others continues for many years to come.

A close friend and SEAL Teammate of Glen's described him in a few words, which are worthy of repeating. He wrote, ``My friend Glen: he would never pound his chest or tell you how great he was. Glen was a great listener and always had experienced advice. He was the jack-of- all-trades AND master of all. A rare person that was great at everything he did. A warrior spirit balanced by the kindest of hearts . . . .''

Mr. Speaker. All of the Americans that died that day are heroes in their own right. Glen's

story is one among three others, but I know I speak for all of my colleagues, especially those of us who have ever worn a uniform in defense of this great country, when I say that Glen Doherty is a patriotic warrior whose service and sacrifice will never be forgotten.

Mr. Speaker, it's with deep respect and profound admiration that I rise today to honor Marine Corps General John Kelly, who just recently became the Corps' fifth active four-star general and took the helm of U.S. Southern Command.

General Kelly has a long and distinguished military career, leading Marines through peacetime and war. His record of accomplishment has earned the respect of not just Marines, but the entire military and civilian leadership structure, and members in both bodies of Congress.

General Kelly is not just someone who I consider a good friend. Having served as a Marine, I also consider him to be a high-caliber officer who embodies all the qualities that make the Marines the most effective fighting force in the world. Without a doubt, he's a role model and mentor to younger Marines. He's a trusted voice for U.S. national security and his service to the nation, spanning more than four decades, has been an asset for the Marine Corps and the entire country.

Those who have had the distinct opportunity to learn from General Kelly and observe him in action are even better Marines today. He's been an inspirational figure to many--myself included--and now as head of U.S. Southern Command, he will surely make his mark as a superior and effective officer who is capable of leading at the highest levels.

Among Marines, the rank of four-star general is attainable only to a select few. They are considered the best and brightest military minds. They are tactically coherent. They are masters of strategic planning and they represent both the intimidating strength and goodwill that is associated with the Marine Corps and the rest of America's military.

General Kelly is the right person to lead U.S. Southern Command at the right time. There is no shortage of challenges throughout the Caribbean, Central America and South America. America faces threats from drug trafficking, corruption and cyber attacks. With General Kelly at the forefront, America will be safer and more secure, and we'll surely be in a position to make progress toward improving conditions in countries that are so close to our doorstep.

And I know I speak for the rest of my colleagues in expressing my gratitude for General Kelly's service. He's an exceptional leader who deserves our unending respect and appreciation for a military career that first began in 1970 when he enlisted in the Marine Corps.

Mr. Speaker, I ask that my colleagues join me in wishing General Kelly much success as the Marine Corps' newest four-star general and the head of U.S. Southern Command. Semper Fi.

Mr. Speaker, I rise today to commemorate the centennial of the city of El Cajon, California, and to celebrate the rich cultural, historical and economic resources that make El Cajon the ``Valley of Opportunity.''

Incorporated on November 12, 1912, El Cajon is well-known as a place of diverse business interests and robust commerce. It's home to Gillespie Field, which opened in 1942 to train World War II Marine Corps paratroopers and today, the airport serves as one of the County's public use regional airports.

Always family oriented, El Cajon still has the same small-town values that make the city such a great place to live. In fact, some of the biggest events in the city that are inspired by these family values are the Mother Goose Parade and Fourth of July fireworks and picnic celebrations held every year.

San Diego and Cuyamaca Railway installed tracks through El Cajon in 1889. At that time, the El Cajon Depot served mountain-bound miners and passengers and was the last stage stop before west-bound travelers reached San Diego and the coast. Today, El Cajon is still known as the cross-roads between the mountains and the beaches.

As the current Congressman who represents the 52nd congressional district which includes the city of El Cajon, I am proud to have had the privilege of representing this great community and I ask my colleagues to join me in celebrating 100 years of such a great American city.

Mr. Chairman, I move to strike the last word.

As a United States marine who served in Iraq and Afghanistan and who saw the bodies and the flag-draped caskets with dignity and respect get put into the backs of airplanes and sit off of the battlefield in those two theaters, I want to thank you, Mr. Chairman, for standing up for the fact that we accept them back into our arms in this Nation with the same dignity and respect.

I would like to go a little bit further.

Beyond saying this isn't Congress' job, if it were not for Congress, the bodies of our dead military men and women who come back to this Nation would be in the cargo holds of commercial airliners. As the moms and dads watch their sons and daughters get forklifted off a commercial airline cargo hold and set on the ground--with no military escorts and with no flag-draped coffins--that is what we should be ashamed of. I would say that this is an issue that resonates with anybody who has worn a uniform or with any family who has had to receive the remains of a loved one.

Those who die for this Nation should be handled by honor guards, not by forklifts. It's harsh but true that the people who question the necessity of this process need to examine their souls and ask themselves if they are even worthy of the freedoms that are protected and secured by our military heroes. There is no extravagant cost. There are no luxury accommodations. Those who pay for our freedom with their lives deserve to be treated with respect and handled as the heroes that they are.

There are plenty of places in the defense budget we can find savings, but the idea that someone would suggest the way we treat our war dead is a waste of money and resources should be ashamed, and he should not bring that up to any more Representatives in the future.

I again want to thank Chairman Young for his extraordinary service and for the way that he honors our wounded and our KIAs.

I yield back the balance of my time.

Mr. Chairman, I have an amendment at the desk.

Mr. Chairman, the war in Iraq has come to a close. And while the Iraq mission is over, countless examples of combat heroism performed by our military over nearly a decade of operations are both an inspiration and a reminder of the service and sacrifice of so many marines, sailors, soldiers, and airmen.

For Iraq, there have been hundreds of Silver Stars awarded. There have been 21 Navy Crosses and 15 Distinguished Service Crosses. The Nation's highest award for combat valor--the Medal of Honor--was presented on only four occasions. Each was awarded posthumously, three for action that involved smothering a grenade to save others.

One marine, Sergeant Rafael Peralta, who was posthumously nominated for the Medal of Honor deserves to be part of this distinguished group of heroes. But he's not. He was denied that honor when his nomination was wrongly downgraded to the Navy Cross.

The incident leading to the nomination occurred in 2004 during combat in Fallujah, Iraq. He and several marines entered a room and came into immediate contact with the enemy. A firefight erupted, and Peralta was hit in the back of the head with a fragment of a ricocheted bullet. While Peralta was on the floor, a grenade was thrown and landed within his reach. He scooped up the grenade and pulled it into his body, saving the lives of his fellow marines.

Seven marines confirmed his actions. So did the medical evidence. And the Marine Corps, after conducting its own review, nominated Peralta for the Medal of Honor. The Navy agreed with the Marine Corps and sent the nomination to former Secretary of Defense Robert Gates. That's where the nomination was downgraded, 4 years after Peralta's death.

Secretary Gates came to this conclusion after taking the unprecedented step of forming a scientific panel to review the evidence. Contrary to the eyewitness accounts, the evidence submitted, and the recommendation of the Marine Corps and the Navy, Secretary Gates determined Peralta could not have consciously pulled the grenade to his body. And if he did, it was involuntary, according to Secretary Gates. His judgment also concluded that the grenade detonated 1 to 3 feet from Peralta's left knee, not underneath his body.

Yet the Navy Cross citation reads and exactly parallels the Medal of Honor citation:

Without hesitation and with complete disregard for his own

personal safety, Sergeant Peralta reached out and pulled the

grenade to his body, absorbing the brunt of the blast and

shielding his fellow marines only feet away.

That's an indisputable statement. And the Navy Cross citation was awarded. According to this citation, Peralta did exactly what Secretary Gates said he didn't or couldn't have done. Now, more than 8 years after Peralta's death, new evidence is currently under review by the Navy, evidence found by my office and by Joe Casper on my staff, in particular, along with the History Channel--evidence that the Navy never even saw. We gave this evidence to the Navy, and it validates the eyewitness accounts that led to the Medal of Honor nomination.

I also have a report from a renowned forensic pathologist. The report, which accounts for the condition of the body armor, autopsy findings, and the pathologist's own experience with head wounds, concludes Peralta was not immediately incapacitated by the brain injury and, in fact, reached for the grenade and pulled it under his body. I have seen this video evidence.

Earlier this year, the Navy took a major step in recognizing Sergeant Peralta and named a destroyer in his honor--a great honor. The Navy and Secretary Ray Mabus in particular deserve to be commended for their decision, as well as their commitment to honoring Sergeant Peralta's sacrifice.

The new evidence was submitted to the Navy months ago, and I did receive confirmation from Secretary Mabus that the evidence is being reviewed in the hope of resubmitting the Medal of Honor nomination. And based on the evidence, I'm confident in the Navy's ability to make the right decision.

But even so, this process doesn't stop with the Navy. Resubmitting the nomination will still require the approval of the Secretary of Defense. And knowing the extent of the information before the Navy, prompting its initial decision and any subsequent decision will be valuable to ensuring the error in judgment that denied Peralta the Medal of Honor is corrected once and for all.

I know that I speak for my colleagues in saying we look forward to the Navy's decision.

And with that, I yield back the balance of my time.

San Antonio, TX,

January 27, 2010.

Re: Medal of Honor Recommendation: Case of Sgt. Rafael

Peralta.

George M. Sabga, Jr.,

Attorney at Law,

San Diego. CA.

Dear Mr. Sabga: As requested, I have reviewed the following

materials in regard to the death of Sgt. Peralta:

1. Investigative Documents generated by the Marine Corp

including witness interviews and floor plans

2. the opinions of the neurologist and two neurosurgeons

3. photographs of the scene

4. the autopsy report: photographs of the injuries: x-rays

of the body and the opinion of the forensic pathologist

On November 15th, 2004, Sgt. Rafael Peralta, deployed to

Iraq as a Scout Team Leader assigned to Company A, 1st

Battalion, 3rd Marine Regiment, along with his team was

ordered to clear houses in the Battle of Fallujah. After

clearing three houses, he entered a fourth house with his

team. The first two rooms were empty. As Peralta opened the

third door, insurgents in the room opened fire on the

marines. Sgt. Peralta, hit in the head by friendly fire,

dropped to the floor, severely wounded. The insurgents then

threw a grenade at the marines, with the grenade coming to

rest near Sgt. Peralta. The other marines in the room with

Sgt. Peralta were unable to get out. Despite his wounds. Sgt.

Peralta was described as reaching for the grenade and pulling

it under his body. absorbing the majority of the lethal blast

and shrapnel. The Sgt. died at the scene.

Eleven witnesses to the circumstances of Sgt. Peralta's

death were interviewed. Four saw Sgt. Peralta gather the

grenade to himself with his right arm: a fifth stated he used

his left arm and two didn't mention which arm was used. Two

stated the Sgt. had his left cheek on the ground and three

that he had his right cheek. The divergence in the

descriptions as to which arm was used and which way the head

was facing is reassuring as such contradictions are what one

normally expects in stressful situations such as this. What

is most significant. however, is that seven witnesses state

that they saw him reach for the grenade and pull it to

himself.

Examination of photographs and X-rays of Sgt. Peralta's

body reveal four grenade fragments in the left side of the

head without penetration into the cranial cavity. In

addition, there are multiple grenade fragment wounds of the

left shoulder: left upper arm, forearm and hand; right

forearm and hand, and the left thigh, calf and foot. There is

no evidence of any fragment wounds or blunt trauma injuries

in the areas of Sgt. Peralta's body covered by armor.

Examination of the body armor revealed numerous shrapnel

defects of the left side. densely grouped at the left mid

chest region with fewer defects superiorly and inferiorly. A

piece of the fuse was recovered from his flak jacket.

Present on the back of the head. behind the left ear, in

the left parietal-occipital region is a vertically oriented,

gaping wound measuring approximately 4 x 1.5 cm. This wound

is level with the left ear. The skin extending outward from

the lateral aspect of the wound shows confluent abrasion out

to a distance of approximately 3.5 cm. Protruding from this

wound are fragments of bone. Present in the right occipital

scalp, level with the inferior end of the left sided wound,

is an approximate 2 x 1 cm irregular wound.

Photographs of the interior of the cranial cavity show an

elongated, ragged edged defect of the occipital bone in the

left occipital lobe fossa. This defect runs in a para-coronal

plain, extending from the left lambdoidal suture to

approximately the midline of the head. The lateral end of the

wound shows some internal beveling with the rest of the wound

having a sharp edged, punched out appearance. Two secondary

fracture lines extend from this defect, one to the nine

o'clock position of the foramen magnum and the other

diagonally across the right cerebella fossa to approximately

the right lambdoidal suture. X-rays of the head show

fragmentation of bone at this wound site with a few fine

metal fragments. Present in the right cerebral hemisphere, in

the area of the right tempero-parietal lobe, is the steel

penetrator of a 5.56 x 45 bullet. On review of the autopsy.

the penetrator was said to have perforated the left occipital

lobe penetrating into the right tempero-parietal lobe.

Based on the aforementioned observation, it appears that

Sgt. Peralta was struck in the back of the head by a 5.56 x

45 bullet traveling from his left to right. The bullet struck

the head at a tangential angle inflicting a gutter wound,

fragmenting bone, depositing a few tiny fragments of metal

and breaking up. The 10.1 grain steel penetrator entered the

cranial cavity penetrating the brain. The wound in the right

occipital scalp may represent the exit side for the rest of

the bullet or at least a fragment of the bullet that traveled

beneath the scalp. The bullet striking the back of the head

may represent a ricochet rather than a primary impact

especially in view of the extensive area of abrasion along

one margin of the wound.

The bulk of the injury to the left occipital pole of the

brain was due to the bone fragments produced by the gutter

wound and not by the bullet itself or the penetrator. The

10.1 grain penetrator had minimal velocity and, thus, by

virtue of this and its low weight, minimal kinetic energy.

This is shown by the fact that the penetrator did not even

exit the brain, let alone the head. By virtue of its low

kinetic energy, injury from the penetrator would only be

confined to the direct penetrator path, which would

average approximately 0.181 inches in diameter.

Two senior Naval neurosurgeons, a Captain and a Commander,

a senior Naval neurologist, a Captain, from the Naval Medical

Center in San Diego, CA, reviewed the autopsy report and

witness statements and came to the conclusion that Sgt.

Peralta could well have carried out the actions attributed to

him, intentional scooping of a hand grenade beneath his body.

The only person to contend that Sgt. Peralta could not have

performed the action attributed to him is the pathologist who

performed the autopsy. He states that the gunshot wound would

have been immediately incapacitating and instantly fatal and

that Sgt. Peralta could not have executed any meaningful

options. He also states that there were no significant

internal injuries from blunt force trauma of the thorax and

abdomen, virtually ruling out a grenade explosion beneath his

body. He felt that even with body armor, a military grenade

would cause blunt force injury of which there was none.

Based on my experience I would have to respectfully

disagree with the opinions of the pathologist. The injuries

to the brain consist of injury to the left cerebral pole and

a thin wound channel running from the left occipital pole to

the right temporo-parietal lobe. No vital area such as the

brain stem and basal ganglia were injured. I have seen

individuals with head trauma who are alert, conscious and

talking even though there was extensive injury to the cranial

vault and brain and which ``common sense'' would tell you is

not possible. This opinion of mine is reinforced by the

opinions of the two neurosurgeons and the neurologist. Unless

a vital area is injured, one should be extremely careful in

giving the opinion that an individual was absolutely unable

to perform an action.

In regard to the absence of blunt force trauma from the

hand grenade, examination of the vest revealed evidence of

numerous shrapnel trauma densely grouped in the left mid

chest along with the grenade fuse. The armor obviously

absorbed a hand grenade detonation at close range. The force

would have been distributed over a large surface area by the

armor. This may prevent any evidence of trauma underneath the

armor.

In conclusion, we are presented with three factors:

1. Seven witnesses who saw Sgt. Peralta scoop a hand

grenade to himself

2. Two neurosurgeons and a neurologist who state that the

Sgt. Peralta could have performed this action

3. A physician who states that Sgt. Peralta would have been

immediately incapacitated and could not have executed any

meaningful actions. He also states that the grenade did not

detonate beneath the body despite evidence on the armor that

it did

Taking into account the circumstances surrounding the

incident; the statements of the witnesses; the condition of

the body armor: the autopsy findings; the opinion of the

neurosurgeons and neurologist and my own experience with head

wounds, it is my opinion that, in all medical probability,

Sgt. Peralta was not immediately incapacitated by the brain

injury, and in fact reached for the grenade and pulled it

under his body.

Sincerely,

Vincent J.M. DiMaio, M.D.,

Consultant in Forensic Pathology.

I thank the gentleman from South Carolina, whose oldest son and I served in Iraq together.

As a United States Marine, I filled out dozens of evaluations on my marines. Some I recommended for promotions, some I did not.

As has already been said, Mr. Chairman, this amendment must be opposed because it would disrupt the vital role commanders play in the military promotion process. Our commanders are the best prepared to make the difficult judgments of balancing interests of the individuals against the need of the Armed Forces to promote the most qualified individuals. It is not ethical to ask commanders to overlook information that they believe directly bears on the member's qualification for promotion. Commanders strive to be fair, and current policies prevent prejudicial consideration of mental health treatment that carries no implications for performance and promotion qualification.

The provision attempts to replace the commander's judgment with an artificial standard that cannot account for the complexity of cases. The Nation invests immense trust in our military commanders in the most challenging of circumstances, while leading marines and soldiers in combat, and we must not betray that trust.

I urge defeat of this amendment.

Mr. Chairman, I thank the gentleman from Virginia and the gentleman from Florida.

I would like to start by talking about what this means to me. This is about accountability, responsibility, and authority. All of these leadership themes are well defined throughout the Uniform Code of Military Justice, but a civilian team does not protect the Tomb of the Unknown Soldier at Arlington National Cemetery. That's the 3rd United States Infantry Regiment that

has the responsibility to honor our fallen comrades and conduct ceremonies and special events to represent the U.S. Army. One of most known tasks of this unit is the distinguished charge of guarding the Tomb of the Unknown at Arlington National Cemetery, which it has done with honor since July of 1937. Again, this is a military unit, it's not a civilian unit.

Many of our fallen heroes who were killed in action choose to be buried in Arlington, home to our Nation's military history, the men and women who sacrificed to make this country what it is today.

The current chain of command under the Department of the Army has a civilian executive director of the Army National Cemeteries reporting directly to the Secretary of the Army. Nowhere in the current chain of command does there exist a uniformed military officer of appropriate rank with commensurate command authority, accountability, and responsibility who is subject to the Uniform Code of Military Justice.

If we are only going to have one major national cemetery that is run by a branch of the DOD, then there needs to be a uniformed chain of command that runs the cemetery in a professional, military manner.

In closing, I would state, Mr. Chairman, I have friends that may choose to be buried at Arlington National Cemetery, and I would urge adoption of this amendment.

Mr. Chairman, this amendment basically appoints a Special Envoy to Iran to try and talk the Islamic leaders out of nuclear weapons and out of their nuclear weapons program.

If talk and negotiations could de-nuclearize Iran, we wouldn't have to worry about them anymore. But the reality is you can't take the crazy out of radical Islamic fundamentalists, which are the people that run Iran.

And this amendment does, contrary to what the gentlelady from California says, this amendment does, in fact, take the military option off the table because it would prevent the President from taking action, even if the U.S. were directly threatened and immediately threatened unless Congress authorized it first. The President would have to call this body back into session, from wherever we were at, and then ask us for permission, on C SPAN, to go ahead and act against an immediate Iranian threat.

This amendment does not acknowledge the six U.N. Security Council resolutions to address Iran's nuclear program. It does not acknowledge that France, Germany, and the U.K. offered Iran several proposals to resolve nuclear issues during negotiations in 2004 and 2005. It does not acknowledge that the diplomatic initiatives to resolve the Iranian nuclear issue have produced absolutely nothing. Absolutely nothing.

What this amendment does is appease and appease and appease and stall and while we talk, while we stand here in this body, right now, discussing this, Iran's getting closer and closer to a nuclear weapon. And Iran's not North Korea. North Korea is sane compared to Iran. As soon as they get enriched uranium that can be used as a weapon, it will end up on our shores. And it probably won't be by the Iranians. It probably won't be launched from Iran. It'll cross our border or come into an American port, and it will kill Americans.

So, Mr. Chairman, I oppose this amendment, and I would urge my colleagues to do the same.