Floor Statements

Madam Speaker, I wish today to honor one of the most well-known and respected men in Blount County, Tennessee. A. Garland DeLozier passed away at the age of 88 on October 23, 2010. He lived a long and successful life full of service to God, family, community, and Country.

Upon reporting Garland's passing, The Daily Times newspaper in Maryville declared, ``Few, if any, have equaled his quiet involvement as a community leader in farm, business and government circles.''

Garland's service to Blount County is legendary. He was a former Blount County Commissioner, Member of the Board of Education, President of the Chamber of Commerce, and charter member of the Foothills Land Conservancy.

He was also a man of God who always used his faith as his compass. For half a century, he served as a Deacon at Mt. Lebanon Baptist Church, where he devoted his time and effort wherever it was needed. He served as church treasurer and Sunday school teacher and even volunteered in the jail ministry.

Garland raised beef and dairy cattle most of his life and achieved much success in farming, what I believe to be one of the toughest jobs around. I have nothing but the greatest admiration for those persons who make their living off the land, and Garland somehow found time to run a successful farm and serve as a leader in the agricultural community.

Garland served as a member of the Blount County Soil Conservation District Board of Supervisors and the state Soil Conservation Committee under Governor Lamar Alexander, whose campaign for Governor he helped lead.

He was also a member of the Farm Bureau, Gideons International, and the Blount County Livestock Association, and he served on the board of directors of First Tennessee Bank and Blount Memorial Hospital.

As you would expect from someone of Garland's character and generation, he volunteered admirably for service during World War II, serving three years in the United States Air Force in Europe.

Garland was a shining example of not just a community leader but also a beloved father, grandfather, and husband. His 64-year marriage to wife, Tommie, is something we should all aspire. I extend my deepest sympathies to Tommie, as well as Garland's daughters Carolyn and Debora, son Arthur, six grandchildren and eight great-grandchildren.

Garland's granddaughter, Rebecca Forster, is one of my former House Pages and a current member of my staff, and her sister, Joy, interned for me in 1996. They are wonderful young women who exude their grandfather's character and love of community, and I know he is proud of them.

The former publisher of The Daily Times wrote on the news of Garland's death, ``I would like to say to his family that God will take care of them for all he did.''

Madam Speaker, I urge my Colleagues and other readers of the Record to join me in celebrating the life of Garland DeLozier. He is an example of leadership and generosity that is becoming rarer to find, and his absence will be felt by all those who knew him.

Mr. Speaker, Ireland, with a population of just 4.4 million, has been forced to get a $90 billion bailout to keep from crashing. With our debt of almost $14 trillion and trillion-dollar yearly deficits, we are very close to becoming a gigantic Ireland financially. A similar bailout for the U.S. would be over $6 trillion.

In yesterday's Washington Post, columnist Fareed Zakaria, concerning what he called our economic crisis, wrote this:

``Washington is asking consumers to stop saving and start spending, while the government issues more debt and the Fed lowers rates--all measures designed to increase debt.'' ``In other words,'' he wrote, ``we are fighting a crisis caused by excessive debt by encouraging excessive debt. Is that really the best way to get growth?''

A few months ago the Post editorialized, ``It's time to stop worrying about the deficit and start panicking about the debt. The fiscal situation was serious before the recession; it is now dire.''

The problem is that the Post, like too many in this city, always attacks any attempts to cut spending.

Madam Speaker, I thank the gentleman from Wisconsin for yielding.

I rise today in support of House Resolution 1669, to congratulate and compliment the National Air Transportation Association on its 70th anniversary, and for its advocacy of general aviation in the United States of America. NATA is the leading organization representing aviation service businesses such as fixed base operators, charter providers, and aircraft management companies.

At the start of World War II, the Federal Government drafted plans to ground all private aviation for the duration of the war. Such a ban would have crippled general aviation in this country for years to come. However, 83 founding members started the NATA in 1940 with the purpose of showing how private aviation could be an asset to our country and to its national security, and certainly not a threat. In fact, the NATA helped save the Civilian Pilot Training Program that was created by President Franklin Roosevelt just a few years earlier. This program trained thousands of college students to fly, many of whom later contributed to the war effort.

Today, NATA represents over 2,000 member companies that own, operate, or service aircraft, and provide for the needs of the traveling public by offering services and products to aircraft operators and others such as fuel sales, aircraft maintenance, parts sales, storage, rental airline services, flight training, Part 135 on demand air charters, fractional aircraft program management, and scheduled commuter operations from smaller aircraft.

There are more than 230,000 general aviation aircraft in the United States, which use nearly 19,000 small and regional airports. These airports help connect people and industries that do not always have easy access to our larger commercial airports. In addition, the general aviation industry represents millions of jobs, and contributes $150 billion to the U.S. economy. General aviation is a vital component of the transportation industry in the United States.

Not only does the association represent aviation interests in Washington, it takes an active role in promoting aviation in our communities. NATA provides grants to schools for the purpose of purchasing educational materials. The NATA also provides scholarships to young people who are interested in pursuing a career in aviation.

Madam Speaker, I served as chairman of the Subcommittee on Aviation for 6 years. I personally witnessed the National Air Transportation Association's tireless efforts on behalf of private aviation.

Finally, I would like to mention that the president of this association is our former colleague, former Congressman Jim Coyne. While in Congress, Congressman Coyne regularly flew to and from his congressional district in Pennsylvania. He has served in this position since 1994. And I would like to

say that the members of the NATA are very fortunate to have someone with his knowledge of the aviation community to lead their association.

I introduced this resolution to recognize this association and its contributions to private aviation. I hope my colleagues will join me in support of this bill.

Madam Speaker, Jacob George Hudson, or Shag as he was known by almost everyone, is one of the most liked and respected men in Greenback, Tennessee, a town in my District. I recently received the sad news that Shag passed away at the age of 93.

He lived a long life full of family, friends, and the respect of everyone who knew him.

He was a very close friend to both me and my late father and one of the strongest supporters we ever had.

Although Shag accomplished much personal success, his devotion to God, family, and Country always came first.

He was a member of Greenback First Presbyterian Church for 62 years and served his congregation in every way possible as an Elder and Deacon. Before his death, Shag asked that people donate to the Greenback First Presbyterian Church Building Fund upon his passing instead of sending flowers. Even in death, he continued to give.

Shag also devoted his life to his community. He served on the Loudon County Commission from 1954-1982. In that capacity, he married more than 3,000 couples. I cannot think of a better way to strengthen the base of a community than with an investment in family, and Shag has been there from the beginning for so many families in Greenback. Shag did not just officiate the ceremonies, but he also served as a living example of commitment through his 69-year marriage to his wife Willie Dixon Hudson.

Many in Greenback also know Shag from his 65 years as a cattle broker and his 60-year membership in the Greenback Masonic lodge.

He is especially proud of the time he spent as a member of the Farm Service Agency State Committee from 1987-1992. In this position, he was able to help farmers all across the State of Tennessee.

Madam Speaker, I would like to call the remarkable life of Shag Hudson to the attention of my Colleagues and other readers of the Record and extend my sympathies to his wife Willie, son and daughter- in-law Ronald and Judy Hudson, daughter and son-in-law Brenda and Johnny Powell, five grandchildren, five great grandchildren, and brother Howard. He is greatly missed and fondly remembered by everyone lucky enough to have known him.

Mr. Speaker, a Nationwide revolt is developing over the body scanners at the airports, and it should. Hundreds of thousands of frequent fliers who fly each week are upset about getting these frequent doses of radiation. Parents are upset about being forced to have their children radiated or being touched inappropriately by an unrelated adult.

There is already plenty of security at the airport, but now we are going to spend up to $300 million to install 1,000 scanners. This is much more about money than it is about security.

The former Secretary of Homeland Security, Michael Chertoff, represents Rapiscan, the company which is selling these scanners to his former Department. Far too many Federal contracts are sweetheart, insider deals. Companies hire former high-ranking Federal officials, and then, magically, those companies get hugely profitable Federal contracts.

The American people should not have to choose between having full- body radiation or a very embarrassing, intrusive pat-down every time they fly as if they were criminals. We need a little more balance and common sense on this.

Madam Speaker, I rise today to honor an educator and mentor from my District in Knoxville, Tennessee, who has dedicated his life to young people and Knoxville College, the institution he loves.

Dr. Robert Harvey has stepped down as President of the College, and he leaves behind an institution much stronger because of his selfless devotion to the school, its students, faculty, and staff.

Dr. Harvey's tenure at Knoxville College spans 68 years, beginning with his time as a student through his time as a beloved professor and finally, the school's President.

I am proud of the role that Knoxville College has played in my District. As Co-Chairman of the House Historically Black Colleges and Universities Caucus, I have always offered whatever support I could to assist the school through the years.

No one has done more for Knoxville College than Dr. Harvey. As long as I can remember, he has always been there when needed.

After graduating from the school in 1946, he went on to teach mathematics. Even after his retirement in 1988, Dr. Harvey continued to teach on a part-time basis and stepped in as interim President four times.

On the occasion of his retirement, Knoxville College has dedicated a scholarship in his name, which will be awarded to a student pursuing higher education in math and science.

Dr. Harvey told the Knoxville News Sentinel that the measure of an institution is how far the student travels. No one has traveled further or sacrificed more to ensure Knoxville College's place for future generations than Dr. Robert Harvey.

I have the privilege of being a member of Eastminster Presbyterian Church, the same church to which Dr. Harvey and his wonderful wife, Edwina, also belong.

Bob and Edwina are two of the kindest, most compassionate people I have ever known.

Both grew up, as my father did, in what would be considered bitter poverty today. But far from being bitter, they are two of the most grateful, appreciative people that one could find.

They are grateful to both God and country, and this Nation would be a much better place if there were more people like Dr. Robert and Edwina Harvey.

Madam Speaker, I urge my Colleagues and other readers of the Record to join me in congratulating Dr. Harvey, at the age of 87, on the occasion of his much-earned retirement.

Knoxville College's legacy will forever be tied to his devotion.

First of all, I want to say thank you to my colleague from Massachusetts (Mr. McGovern) for those very kind words and for his help on this. He has been very interested in this since my first appearance before the Rules Committee.

I also want to thank Chairman Conyers. I want to thank Mr. Poe, especially our colleague Zoe Lofgren from California, who has helped on this as well, Senator Alexander in the other body, and Senator Webb, a former marine, who has taken a great interest in this legislation.

Mr. Speaker, before we are Members for very long, we see things that we think would be impossible, things that somehow work out. We also see the opposite of that as we see some things that appear to be easy or simple that somehow turn into nightmares or serious problems. While this is something that, I think, almost everyone on both sides of the aisle who when they've heard about it have been supportive and helpful, it has been a difficult thing to reverse as to its technicality and to get this all worked out.

This legislation has been adequately described by the three prior speakers, but I will say that I also rise in support of H.R. 6397. Certainly, this is a tragic situation in which a young marine was killed in action in Iraq 1 month after his marriage to this young woman from Japan. Then, of course, a little bit later, as has been described, the young woman, Mrs. Hota Ferschke, gave birth to Sergeant Ferschke's child.

Sergeant Ferschke was then killed in Iraq, as Mr. McGovern mentioned, during combat on August 10, 2008. Because Sergeant Ferschke's death prevented the couple from consummating their proxy marriage, the Department of Homeland Security does not recognize that the Ferschkes were legally married.

Then Mrs. Ferschke gave birth to Michael Ferschke, III, in Okinawa on January 7, 2009. She immediately registered her son's birth with the State Department, securing his U.S. citizenship.

After Sergeant Ferschke's death, Hota Ferschke filed a petition to immigrate to the U.S. In response to Hota Ferschke's petition, the DHS issued a denial of her petition, citing sections 1703 and 101(a)(35) of the Immigration and Nationality Act.

Sergeant Ferschke and Hota had intended to raise baby Michael in the U.S. where Michael could grow up with Sergeant Ferschke's family. This legislation would amend current immigration law so that DHS would recognize a proxy marriage between two individuals caused because of an active duty servicemember's deployment abroad.

This legislation will straighten out a tragic and sad situation for a woman and her child, and I think everyone sees the merit in this, or at least I hope they do, and I urge all of my colleagues to support this legislation.

Madam Speaker, Bill Felton of Knoxville, Tennessee, is one of the most respected men in my District. His military career and civic service make him admired by everyone fortunate to know him.

Bill Felton is a leading expert in the transportation field. His education began at the University of Tennessee, where he majored in transportation and received a Bachelor of Science degree in business administration. He soon found himself in the United States Army Transportation Corps, rising to top leadership positions.

Bill's long and distinguished career in the Corps began with his commission as Second Lieutenant and lasted three decades, when he retired as a Colonel. During his time in the military, Bill was stationed mostly at the U.S. Army Transportation Corps' headquarters at Fort Eustis, Virginia, where he became an expert in transportation and logistical matters for the military.

During his military career, Bill continued his training and education through many courses, including instruction at the Industrial College of the Armed Forces and the completion of the Defense Advanced Traffic Management Course, Transportation Movements Officer Extension Course, and Transportation Corps Career Officer Course. He also graduated from the Command and General Staff College.

Bill loves the military and does everything he can to help those in active service; but he has always had an especially soft spot for Veterans.

He is the founder of the East Tennessee Veteran's Memorial Association and is largely responsible for the Veterans Memorial at World's Fair Park in downtown Knoxville.

Bill has always felt very strongly about our Nation and is very patriotic. Never one to sit by idly and complain, he has always taken an active role in politics. He served as President of the West Knoxville Republican Club and Executive Committee Member of the Knox County Republican Party.

His other civic contributions include serving as Vice President of the Knoxville Convention and Visitor's Bureau and on the Board of Directors of the Bijou Art Center. He also worked tirelessly for the Knoxville Dogwood Arts Festival, Girls' Club, Knoxville Rotary Club, and rose to top leadership at the Knoxville Chamber of Commerce.

Bill is also a respected businessman who is a leader in the life insurance industry. Several articles he wrote on the industry have been published nationally, and he is the former President of the Knoxville Association of Life Underwriters.

Madam Speaker, I do not see how anyone could love this Country more than Bill Felton.

I call his service and devotion to the United States and his Community to the attention of my colleagues and other readers of the Record.

I thank the gentleman from California for yielding me the time, and I thank the gentleman from Ohio for his words in support of this legislation, and I also want to thank the very large number of cosponsors from both sides of the aisle that we have on this bill.

Mr. Speaker, H. Res. 1442 would designate the month of November as Military History Month. While still a general in the Continental Army, George Washington said, ``When we assumed the soldier, we did not set aside the citizen,'' meaning that he believed from the early days of this country's history that citizen-soldiers were the most important people in this Nation in so many, many ways.

Since even before there was a United States until today, Americans have never shied away from the fight to make life better, not only for ourselves but for many millions of others. To better understand, appreciate, and celebrate the influence of the military on our Nation's narrative, we should designate November as United States Military History Month.

There are two major holidays already set aside to honor the men and women who have served this Nation. First known as Declaration Day, what is now known as Memorial Day commemorates the American soldiers who have died in combat. Veterans Day began as Armistice Day to note the end of World War I. The Congress changed it to Veterans Day in 1954, and now on November 11 of each year we honor all those who have served in the military. But without celebrating our country's military history, these holidays might very well end up being seen merely as days off work or just days that government buildings and banks are closed.

The U.S. military has always played a very important role in our Nation's evolution and in protecting the American way of life. Establishing, through the passage of this resolution, H. Res. 1442, a month each year to highlight our Armed Forces will hopefully encourage Americans to learn, remember, and appreciate the sacrifices of the men and women who serve.

It is often said that a nation which forgets its own history does so at its peril. This resolution is a fitting and appropriate way to honor our past and especially the extremely important role the U.S. military has played in that history.

I have submitted this resolution at the request of one of my constituents, Mr. Ed Hooper, a great military historian; and this is very appropriate, too, because it shows that legislation often does not emanate from Washington but, really, comes from the ground up, from the people that we represent. This is truly the American way to do legislation, and I urge all of my colleagues to support this resolution to designate November as Military History Month in this Nation.

I thank the gentleman for yielding.

Mr. Chair, just this morning, in an article entitled, ``Stop Spending, Start Cutting,'' columnist Cheri Jacobus wrote in The Hill newspaper, ``While it's one thing for Americans to be livid at their elected officials over of out-of-control spending and unthinkable levels of debt that will be passed down to children yet to be born, we now have reason to be not only angry, but very, very afraid.''

The Congressional Budget Office just told us the painful, unvarnished, frightening truth this week that unless Federal spending is reined in dramatically and/or revenues increased, we are headed for certain sudden economic catastrophe that would make this current economic crisis seem like a day at the beach.

Now we are about to pass a bill that has $30 billion in just land purchases. Then there are all the new taxes. This bill creates a new tax on all existing and new Federal onshore and offshore leases. The Congressional Budget Office estimates that this tax on oil and a new tax on natural gas will total $22 billion in 10 years, and eventually these taxes will climb to $3 billion per year. And the CBO also estimates that the new energy taxes will create another $14 billion in litigation costs alone. All of these costs, both direct and indirect, will eventually be passed on to the American consumers of energy--small businesses, families, and farmers.

Of course, this new tax applies only to American energy, giving a distinct advantage to foreign oil and gas and jeopardizing American energy jobs. A professor at LSU said this in testimony in front of the Natural Resources Committee, These provisions are simply job killers for a large number of oil and gas employees along the gulf. He said, Unfortunately, the proposed bill under consideration today would eliminate even emerging opportunities and shut down tens of thousands of jobs for Louisiana oil and gas workers.

Dennis Stover, executive vice president of Uranium One, testified before the committee that this bill will decrease U.S. exploration and development. And he said, ``By introducing great uncertainty regarding the lands ultimately available for uranium exploration and development, a leasing system will only serve to increase the United States' reliance on foreign sources of uranium.''

Mr. Speaker, I rise in support of my amended bill, H.R. 4658, the Benton MacKaye Cherokee National Forest Land Consolidation Act.

This bill is a simple bill that authorizes the Secretary of Agriculture to convey to the Towee Falls Baptist Church a 65-acre parcel of National Forest System land in the Cherokee National Forest, which surrounds the Church.

The bill would also allow the Forest Service to acquire from the Monroe County Tennessee Board of Education an 102-acre parcel of land in Monroe County, Tennessee, known as the Doc Rogers tract. The result is a net increase of 37 acres for the Cherokee National Forest.

This bill is very important to Monroe County, Tennessee, a rural county in my District that is struggling economically. This bill is a win-win for all parties involved.

The Towee Falls Church sale would allow the Forest Service to dispose of a piece of property and end an inholding created by the granting of a permit to the church in question in 1946.

The Church is a willing buyer of the additional property to expand its building and cemetery, the latter of which will soon be full.

The sale of the Doc Rogers tract would allow the Monroe County School Board to dispose of a piece of property that the Forest Service would like to purchase because it is traversed by the Benton MacKaye Trail, a hiking trail that feeds into the Appalachian Trail.

This bill is named in honor of Benton MacKaye, who was an American forester, planner and conservationist who lived from 1879 to 1975. He helped pioneer the idea of land preservation for recreation and conservation purposes.

Mr. MacKaye is best known for developing the idea of the Appalachian Trail, the National Scenic Trail that runs 2,179 miles from Georgia to Maine and runs through my District in Tennessee.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of this legislation, H.R. 5730. It rescinds $713.2 million in contract authority for 309 projects from four prior Surface Transportation Authorization Acts. This rescission of contract authority will come from the following authorization bills: $4.5 million for projects designated in the Surface Transportation and Uniform Relocation Assistance Act of 1987; $263.5 million for projects designated in the Intermodal Surface Transportation Efficiency Act of 1991; $441.4 million designated for projects in the Transportation Equity Act for the 21st Century; and $8.1 million authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act,

Mr. Speaker, I yield such time as he may consume to our colleague, the gentleman from Pennsylvania (Mr. Thompson).

Mr. Speaker, as I said earlier, I support this legislation. It is a small step for fiscal conservatism. I think it is very unfortunate, though, that this debate comes right on the heels of the debate about the war supplemental, a more than $55 billion bill on top of the hundreds of billions we've already spent for the war in Afghanistan.

A columnist in today's Washington's Post said, We are wading deeper into a long running, morally ambiguous conflict that has virtually no chance of ending well.

I think it's very sad that we're talking about spending mega-billions more on a war that has continued for over 9 years at this point and is not worth one more American life.

But I commend the gentlewoman from Colorado for bringing this legislation to the floor. As I said earlier, it's unfortunate that in the way we do the Federal accounting this will not reduce the deficit, but it is a step in the right direction, and we need to go further and actually cut total Federal spending by the $713 million that procedurally we are saving here in this bill.

I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of House Concurrent Resolution 258, which congratulates the superintendent and staff of the United States Coast Guard Academy, as well as the commandant of the Coast Guard, on the 100 years of operation of the United States Coast Guard Academy.

Established in 1910 as the instructional school to the U.S. Revenue Cutter Academy and since being renamed and relocated to its present location on the banks of the Thames River in New London, Connecticut, the United States Coast Guard Academy has, for the last 100 years, upheld the highest reputation in molding young men and women into officers that form the backbone of leadership in the United States Coast Guard.

Many years ago, in fact, shortly after graduating from the University of Tennessee, I took a tour with a friend of mine up to new England and one of the things we did was tour the United States Coast Guard Academy. In more recent years, I have gone many times to various Coast Guard installations around the United States and have seen the work of the Coast Guard and seen demonstrations that they have performed, and I have great admiration and respect for all of the men and women in the United States Coast Guard.

Often sort of an ignored or forgotten branch of our military service, I think in more recent years the Coast Guard has come into its own and more and more people recognize the great importance of the mission being performed by these outstanding men and women. The quality of character and leadership traits displayed by graduates of the United States Coast Guard Academy reflect on the exemplary job that the staff and faculty have been doing for the last 100 years and this resolution is at least small, a small way of recognizing all persons affiliated with the Coast Guard Academy for a job well done.

I encourage all Members to support this resolution, and I thank my colleagues on the other side of the aisle and especially the gentleman from Connecticut (Mr. Courtney) for introducing it.

I reserve the balance of my time.

Madam Speaker, I yield such time as he may consume to the ranking member of the full committee, the gentleman from Florida (Mr. Mica).

Madam Speaker, I will join with Ranking Member Mica and Chairman Cummings in their commendations, particularly of Admiral Allen, for whom all of us have such great respect, and say once again congratulations on this 100th anniversary to the United States Coast Guard Academy.

Madam Speaker, I yield back the balance of my time.

Madam Speaker, I spent 7\1/2\ years, before coming to Congress, as a criminal court judge in Tennessee trying felony criminal cases. I tried the attempted murder of James Earl Ray and many other high-profile cases, thus I have a great interest in our legal system, our courts, and especially appointments to the U.S. Supreme Court.

I realize that Elena Kagan will be confirmed very soon as our next Supreme Court justice, but I am very disappointed by her nomination. I certainly have nothing against her personally, but the Supreme Court is our highest appellate court. Courts of appeal basically second-guess trials. I wish our President and all future Presidents would appoint people who have actually tried cases. We should try to nominate justices who have had experience both as trial lawyers and as trial judges, people who understand the heat of the battle, the give and take, the decisions that have to be made on the spur of the moment both by lawyers and judges. Ms. Kagan may be a brilliant woman, but she has none of this experience.

I want to read a portion of an article in the June 28 issue of Human Events by a man who spent over 20 years as a judge before coming to Congress, our colleague, the gentleman from Texas (Mr. Poe). Congressman Poe wrote, ``Supreme Court nominee Elena Kagan has never been a judge. She's never seen a courtroom from the bench. She's never had a judge's responsibilities.

``Elena Kagan has never instructed a jury or ruled on a point of law--any point of law. She's never tried a criminal case or even a traffic case. She has not decided even one constitutional issue. We don't know whether she believes the Constitution is the foundation of American law or whether she thinks, like many, that the Constitution constantly changes based on personal opinions of Supreme Court justices. But either way, Elena Kagan has never had to make a constitutional call in a court of law in the heat of a trial. She has never admitted evidence or ruled out evidence or ruled on the chain of custody regarding evidence. She has never made even one decision regarding any rule of evidence. She has never ruled on the exclusionary rule, the Miranda doctrine, an unlawful search and seizure allegation, a due process claim, an equal protection violation, or any other constitutional issue.

``She has never impaneled a jury. She has never instructed on reasonable doubt or sentenced a person to the penitentiary. She has never had to decide whether a witness was telling the truth or not. As a judge, she has never heard a plaintiff, a defendant, a victim, or a child testify as a witness. She has never made that all-important decision of deciding whether or not a person is guilty or not guilty of a crime. She has never ruled on a life or death issue.

``Elena Kagan has never made a judgment call from the bench, not a single one. Yet, as a Supreme Court justice she would be second- guessing trial judges and trial lawyers who have been through the mud, blood, and tears of actual trials and actual courts of law. How can she possibly be qualified to fill the post of a Supreme Court justice?''

Mr. Poe continued, ``Kagan is an elitist academic who has spent most of her time out of touch with the real world and with the way things really are. Being a judge would be an exercise to the new Supreme Court nominee. She has read about being a judge in books, I suppose. She might even have played pretend in her college classroom, but she has never held a gavel in a courtroom. Her first time to render judgment should not be as a member of the United States Supreme Court.

``Aside from being a judge, she has never even been a trial lawyer. She has never questioned a witness, argued a case to a jury, or tried any case to any jury anywhere in the United States. Real world experience makes a difference.'' This was written by our colleague, Mr. Poe. And I agree with everything he wrote.

Finally, I want to commend a Member from the other body, the gentleman from Tennessee, Senator Alexander, my own Senator, for his decision to vote against the nomination of Mrs. Kagan. It is a very poor nomination.

Mr. Speaker, last week there were headlines saying that leaders on both sides of the aisle agree that we need to raise the Social Security retirement age to 70. Before we do that, we need to stop spending hundreds of billions we do not have on very unnecessary foreign wars, but we also need to revise the entire Federal retirement system--both civilian and military.

We cannot change the retirement benefits for those already in the system. The political opposition would just be too strong. But we need to inform new Federal hires and new military recruits that we can no longer allow healthy, able-bodied people to retire in their late thirties or even in their forties or fifties.

Local police fight street crime. Almost no Federal law enforcement today is physical in nature. Early retirement in most Federal law enforcement can no longer be justified. Working as a waiter or waitress is more physically demanding than most Federal Government positions for which we now grant early retirement.

With a $13 trillion national debt, Mr. Speaker, we simply cannot afford to give relatively young people lavish retirement benefits.