S5950 CONGRESSIONAL RECORD — SENATE August 2, 2012 

Republicans are stuck in the past 

when insurance companies could use 

premium dollars for bonuses for the 

bosses rather than health care. All 

around America this month there will 

be hundreds of thousands of people who 

will be getting a rebate because insurance companies weren’t spending 

enough money on them but, rather, on 

their own salaries. We set a limit: You 

have to spend 80 percent of a premium 

to help people get well. They are stuck 

in the past and they want to return to 

when insurance companies were king. 

They are hopelessly stuck in the past. 

But there was a vote that we should 

all focus on, on the Affordable Care 

Act. It was a 5–4 vote that upheld that 

bill. The Supreme Court of the United 

States did that. But I guess they didn’t 

get the news. The Supreme Court ruled 

the act is constitutional. It is the law 

of the land now. 

We need to move on. They need to 

catch up on the fact that people want 

us to work to create jobs, whether it is 

in Alaska, Nevada, Kentucky—any of 

the States. But they want us to vote on 

repealing the Affordable Care Act. 

On July 19, they blocked us from voting on a bill to prevent outsourcing 

jobs—which, by the way, their Presidential nominee is very good at doing. 

Now they want us to vote on repealing 

the Affordable Care Act. 

On July 12, they blocked passage of 

the small business jobs bill that would 

have helped small businesses all over 

this country. They wanted to vote on 

repealing the Affordable Care Act. 

But on March 29, they blocked a bill 

to promote renewable energy. 

On March 13, they blocked Senator 

STABENOW’s amendment to extend expiring energy tax credits. 

They wanted to vote on the Affordable Care Act, and they stopped us 

from proceeding to put workers back 

on the job building and modernizing 

America, and that was done on November 3. 

On October 20, they blocked the motion to proceed to a bill to keep teachers and first responders on the job. 

They so badly want to go back and 

fight these old battles that they 

blocked a motion to proceed to the 

American Jobs Act. 

They blocked us on a bill to reauthorize the Economic Development Administration, something that has been 

done as a matter of fact in the past, 

creating thousands of jobs in America. 

They wanted us to vote on repealing 

the Affordable Care Act. 

One day last year, after weeks of debate, they blocked the bill to improve 

small business innovation. That, by the 

way, is one of the programs that has 

done so many interesting things, including inventing the electric toothbrush. 

Republicans are hopelessly stuck in 

the past. They need to stop trying to 

repeal a law enacted 3 years ago. The 

Supreme Court has declared it constitutional. Let’s move on to try to get 

jobs for people. 

So I object. 

The PRESIDING OFFICER. Objection is heard. 

Mr. REID. Mr. President, I suggest 

the absence of a quorum. 

The PRESIDING OFFICER. The 

clerk will call the roll. 

The assistant bill clerk proceeded to 

call the roll. 

Mr. REID. Mr. President, I ask unanimous consent that the order for the 

quorum call be rescinded. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. REID. Mr. President, I believe we 

are now on a motion to proceed to S. 

3457; is that correct? 

The PRESIDING OFFICER. That is 

correct. 

CLOTURE MOTION

Mr. REID. I have a cloture motion at 

the desk. 

The PRESIDING OFFICER. The cloture motion having been presented 

under rule XXII, the Chair directs the 

clerk to read the motion. 

The legislative clerk read as follows: 

CLOTURE MOTION

We, the undersigned Senators, in accordance with the provisions of rule XXII of the 

Standing Rules of the Senate, hereby move 

to bring to a close debate on the motion to 

proceed to Calendar No. 476, S. 3457, a bill to 

require the Secretary of Veterans Affairs to 

establish a veterans jobs corps, and for other 

purposes. 

Harry Reid, John F. Kerry, Bernard 

Sanders, Kent Conrad, Al Franken, 

Tom Udall, Christopher A. Coons, Mark 

Begich, Patty Murray, Bill Nelson, 

Amy Klobuchar, Thomas R. Carper, 

Robert Menendez, Jim Webb, Kirsten 

E. Gillibrand, Jeff Merkley, Jack Reed. 

Mr. REID. I ask unanimous consent 

that the mandatory quorum under rule 

XXII be waived and that the vote with 

respect to this motion occur at 2:15 on 

Tuesday, September 11. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. ROCKEFELLER. Mr. President, I 

would like to thank Chairman MURRAY

for her work on the Veterans Jobs 

Corps Act. 

The unemployment rate for our 

young, returning veterans is higher 

than that national average, and this is 

a travesty. This important bill would 

invest $1 billion in creating a Veterans 

Jobs Corps to help our veterans transition into civilian life and get job placements in important areas of law enforcement, first responders positions, 

or positions in parks and forests involving restoration and protection of 

our public lands. 

The bill makes other strategic investments to improve our infrastructure to help veterans with their job 

search. Veterans deserve access to 

Internet at one-stop job centers, as 

well as qualified outreach specialists to 

help disabled veterans seek employment. It is designed to help ensure that 

veterans get the credit they deserve for 

their training and military experiences 

when they seek civilian certification 

and licenses. 

I would also like thank Leader REID

and Chairman MURRAY and their staffs 

for working with me to find an acceptable offset for this legislation, which 

would have had an impact on the National Energy Technology Laboratory, 

NETL, located in West Virginia. NETL 

does critically important research on 

improving the safety and environmental sustainability of offshore oil 

and gas development and importantly 

for my State they are working on identifying measures that can be taken to 

reduce the environmental impact and 

improve the safety of shale gas production. I am pleased that we will be able 

to switch out the objectionable offset 

and move this bill forward quickly as 

soon as we return from recess. 

f 

MORNING BUSINESS 

Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed 

to a period of morning business, with 

Senators allowed to speak for up to 10 

minutes each. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

DISABILITIES CONVENTION 

Mr. REID. Mr. President, the Disabilities Convention enjoys strong bipartisan support in the Senate, with Senators McCAIN, DURBIN, KERRY, BARRASSO, COONS, TOM UDALL, MORAN, and 

HARKIN leading the charge to ratify the 

Convention. With their help, I hope we 

will be able to move this treaty forward in the future. 

Twenty-two years ago, Congress 

passed the Americans with Disabilities 

Act to lift the barriers Americans with 

disabilities faced in everyday life. And 

ever since the passage of that law, the 

United States has been a leader in expanding disability rights across the 

globe. 

We have led, other countries have followed, and persons with disabilities 

have found ever greater opportunities 

to succeed. Now we are presented with 

an opportunity to strengthen our leadership on disability rights around the 

world by joining the Convention on the 

Rights of Persons with Disabilities. 

This convention is another step towards ensuring that all people with a 

disability, in any country, are treated 

with dignity and given the right to 

achieve to their full potential. 

Let me read part of a recent statement to the Foreign Relations Committee from one of my esteemed predecessors, former Senate Majority Leader 

Bob Dole, recipient of two Purple 

Hearts and a Bronze Star for heroic 

achievement, who was wounded fighting for our country in World War II. 

U.S. ratification of the [Convention] will 

improve physical, technological and communication access outside the U.S., thereby 

helping to ensure that Americans—particularly, many thousands of disabled American 

veterans—have equal opportunities to live, 

work, and travel abroad. . . . An active U.S. 

presence in implementation of global disability rights will promote the market for 

devices such as wheelchairs, smart phones, 


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August 2, 2012 CONGRESSIONAL RECORD — SENATE S5951 

and other new technologies engineered, 

made, and sold by U.S. corporations. 

This convention will help U.S. citizens and veterans abroad, and U.S. 

businesses here at home. And it won’t 

cost us anything. It won’t require any 

changes to existing U.S. law and or 

new contributions to the United Nations. 

As we watch the Olympics this week 

and admire the incredible feats of all of 

the athletes, we are reminded of what 

each of us can achieve. 

Just look at Oscar Pistorius from 

South Africa—also known as the— 

‘‘Blade Runner,’’ who this Saturday 

will run the 400-meter sprint in the 

Olympics on carbon-fiber legs. 

Or watch Jessica Long, an American 

gold-medal bilateral amputee swimmer, participate in her third 

Paralympics Games at the age of 20. 

This convention will help make the 

path smoother for Olympians such as 

Oscar and Jessica. 

It has the support of veterans group 

and disability groups from around the 

Nation. It has the strong backing of a 

bipartisan group of Senators as well as 

leading Republicans such as President 

George H.W. Bush and Senator Dole. 

Just like passing the Americans with 

Disabilities Act, ratifying this Convention is, quite simply, the right thing to 

do. 

f 

REMEMBERING PHILIP 

PENDLETON ARDERY 

Mr. MCCONNELL. Mr. President, I 

rise today to pay tribute to an honored 

Kentuckian and a man of great accomplishment who leaves behind a towering legacy of service with his passing. Mr. Philip Pendleton Ardery of 

Louisville, KY, passed away on July 26, 

2012, at his home. He was 98 years old. 

Mr. Ardery’s life story reads like a 

well-written novel of action, suspense, 

and drama or several novels, given how 

much living he packed into his 98 

years. A war hero, philanthropist, author, public servant, and committed 

flag bearer of New Deal liberalism, he 

made such a profound impact on my 

hometown of Louisville, the Commonwealth of Kentucky, and our Nation 

that I feel compelled to come to the 

floor and say a few words about his 

passing. 

I have great admiration and respect 

for Phil and his remarkable life. That 

may surprise some, given that he and I 

did not have a lot in common with respect to our political or ideological 

views. I am certain that much of what 

I have done in my career in public life 

did not please him one bit. Having said 

that, every American, no matter where 

you stand on the political spectrum, 

has to recognize the extent of Philip 

Ardery’s commitment to service. Service was the watchword of his life, be it 

service to State, Nation, or those less 

well off than himself. 

Phil was born in 1914 in Lexington, 

KY, the son of William Breckinridge 

and Julia Hoge Spencer Ardery. Later 

in life, he moved to a farm on the 

Paris-Lexington Pike. His youth in 

Bourbon County forever left an imprint 

on him, and he loved to share his love 

for the area with others. 

Phil graduated Phi Beta Kappa from 

the University of Kentucky in 1935 and 

graduated from Harvard Law School in 

1938. Also in his Harvard Law class was 

Phil’s boyhood friend from Bourbon 

County, Edward F. Prichard, Jr. 

After law school, Phil joined the 

Army Air Corps, and during World War 

II he became a B–24 squadron commander. Phil flew a full combat tour of 

25 missions, dropping bombs on Norway, Austria, Crete, Italy, France, Belgium, and Holland. He then volunteered for one more mission on D-day 

and commanded a division of about 200 

pilots. For his bravery in uniform, Phil 

was awarded the Silver Star, the Distinguished Flying Cross, and the 

French Croix de Guerre. He later wrote 

a book about his war exploits, called 

‘‘Bomber Pilot: A Memoir of World War 

II.’’ 

While still training as a pilot in 

Texas, Phil met the woman who would 

become his wife, Anne Stuyvesant 

Tweedy. Together they had four children. They married on December 6, 

1941, the day before the attack on Pearl 

Harbor. 

After the war, Phil practiced law 

with a focus on representing the electric cooperatives bringing power and 

lights to rural Kentucky. A loyalist of 

Franklin D. Roosevelt’s, he would remain committed to the ideals of New 

Deal liberalism for the rest of his life. 

He ran for office a few times, including 

in the Democratic primary for a Senate 

seat in 1946 and in the general election 

for the House of Representatives seat 

from Kentucky’s Third District in 1956. 

He lost both those races, but did win a 

race for Jefferson County Fiscal Court 

in 1958. 

Meanwhile, Phil’s longtime friend 

and Harvard Law School classmate Edward F. Prichard, Jr., was having quite 

the political career in President Roosevelt’s administration. Known in Kentucky as ‘‘the boy wonder,’’ it was a 

near certainty that Prichard would run 

for Governor or Senator someday, and 

almost surely win. 

But a dramatic twist that would ruin 

the two men’s friendship caused that 

not to be. Prichard came to Phil and 

confessed to him that he had participated in a crime. Phil took Prichard to 

Phil’s father, who was a Bourbon County circuit judge at the time, to relate 

his story. This chain of events eventually led to Prichard’s conviction of 

stuffing the ballot box in the State’s 

1946 election. He was sentenced to 2 

years in Federal prison. 

In yet another book Phil wrote, a 

memoir titled ‘‘Heroes and Horses: 

Tales of the Bluegrass,’’ Phil wrote 

that it was not Edward’s crime in and 

of itself that created the rift between 

the two friends, but his public denial of 

wrongdoing. ‘‘That put [him] in the position of making my father appear to 

be a liar,’’ Phil wrote. ‘‘So Prich and I 

had to be enemies.’’ 

This story does, however, have a 

happy ending. Although friction remained between the Ardery and 

Prichard families, in 1976, Prichard finally admitted his guilt in a newspaper 

interview. In 1984, Ardery reached out 

to his old friend, who was by then blind 

due to diabetes. Phil paid the expenses 

for the two men to visit Harvard for a 

celebration of the 100th anniversary of 

the birth of their former law professor, 

Supreme Court Justice Felix Frankfurter. 

After watching a friend’s son struggle with schizophrenia, Phil helped 

found what has become Wellspring, a 

network of 19 facilities that provides 

housing and rehabilitation to people 

with severe and persistent mental illness. Wellspring has helped more than 

6,000 people over its 30 years in existence, thanks in large part to millions 

of dollars raised by Phil. 

Phil also helped found the Brain & 

Behavior Research Foundation, a national mental health research group 

that has awarded roughly $300 million 

in grants to scientists around the 

world in the past 25 years. 

Phil served as the first commander of 

the Kentucky Air National Guard, and 

led it during the Korean War in England, where he served as a NATO wing 

base station commander. He retired 

with the rank of major general in 1965. 

As a pilot in London, he met and befriended famous names like Edward R. 

Murrow and T.S. Eliot. 

Phil’s many philanthropic activities 

also include service as director and 

president of the Frazier Rehab Center, 

as a director of the Jewish Hospital 

Health Care Systems, and as a member 

of the Kentucky Horse Park Foundation, the Kentucky Humanities Council, and the executive committee of the 

Kentucky Historical Society. He was 

the chairman of the American Heart 

Association and the Kentucky Heart 

Association. 

I know several members of the 

Ardery family well, and I want to convey my and Elaine’s deepest condolences to all those who knew and loved 

Philip Ardery. We are particularly 

thinking today of his wife, Anne; his 

son and daughter-in-law Joseph and 

Anne; his son and daughter-in-law 

Philip and Cecilia; his daughter and 

son-in-law Julia and William; several 

grandchildren; and many other beloved 

family members and friends. Phil was 

preceded in death by his son Peter. 

As I hope I have made clear, Philip 

Ardery packed an amazing amount of 

success and accomplishment in his long 

and rich life. We can be grateful that 

such a devoted public servant was 

granted so much life on this Earth to 

do his good works. There is no doubt 

that thousands of people—from the 

rural Kentuckian who needed electricity, to the beneficiaries of his charitable work, to the many whose lives 

were saved thanks to his service in uniform—have reason to be thankful for 

Mr. Ardery. 


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