April 1, 2008 CONGRESSIONAL RECORD — SENATE S2263 received over 10,000 calls in the last 6 supported filibusters of Republican office. So far in the 110th Congress, we months. nominees. have confirmed only six appeals court This is a sign from the foreclosure I have not taken a partisan approach nominees for President Bush. hotline in Colorado. Since it was first to judicial confirmations. But I must Now, to meet the historical average, formed, this consortium between the say that today this body is failing to we will have to confirm 44 district government, the private sector, and do its confirmation duty. court and 11 appeals court nominees in nonprofit organizations, more than At both stages in the confirmation the next several months. If anyone be- 29,000 people in Colorado have called process—in the Judiciary Committee lieves that will happen, I have some this hotline. and on the Senate floor—Democrats oceanfront property in the Utah desert This legislation will go a long way are failing to meet not only historical I would like to sell them. toward helping us implement this kind standards but their own standards as Even if we did the completely unex- of program all the way across the coun- well. Democrats have vowed not to pected, President Bush would still try. The American dream of home own- treat President Bush’s nominees the leave office with a much smaller im- ership is today a dream which is be- way Republicans treated President pact on the Federal bench than his coming nebulous for the people of our Clinton’s nominees. Democrats are predecessor. country because of the huge fore- keeping that promise. Let me refer to closure crisis we have seen across the this chart. President Bush has so far appointed country which has caused such a de- In the past 10 months, for example, 295 life-tenured Federal judges, well be- cline in home values all across Amer- the Judiciary Committee, under Demo- hind President Clinton, who appointed ica. cratic control, has held a hearing on 346 at this same point in his presi- I believe it is our responsibility in only three appeals court nominees. dency. the Senate to move forward to provide During the same period under Presi- Now, some around here spin a yarn relief to these middle-class families dent Clinton, the Judiciary Committee about a supposed Republican blockade who are in danger of losing value in held a hearing on 12 appeals court against President Clinton’s judicial their homes and in danger of losing nominees—four times as many. And by nominees. Some blockade. It allowed their homes. This is an economic stim- the way, every one of those Clinton President Clinton nearly to set the all- ulus program which I think is timely nominees was confirmed, 11 of them time judicial appointment record. for us to act upon. I hope our col- within an average of only 48 days after On the Senate floor, Democrats are leagues will join us in voting aye on their hearing, and 9 of them without a not only failing to meet historical the motion to proceed to the housing single negative vote. standards, they are also failing to meet legislation. When I chaired the Judiciary Com- even their own standards. Eight years Mr. President, I yield the floor. mittee under President Clinton, we ago, when Democrats were in the mi- The PRESIDING OFFICER. The Sen- held no less than 10 hearings that in- nority during the last year of President ator from Utah. cluded more than 1 appeals court nomi- Clinton’s tenure, they were crystal f nee—10. While Democrats have con- clear about what the judicial confirma- trolled this body under President Bush, tion standard should be. THE CONFIRMATION PROCESS the Judiciary Committee has not held One senior Democrat on the Judici- Mr. HATCH. Mr. President, the a single one—not one. Ten to zero. ary Committee, for example, came to American people sent us here to get Democrats are certainly not treating this floor often in 2000, insisting over things done. One of the most important Bush nominees the way Republicans and over that Democrats had set the things we do is consider and vote on treated Clinton nominees. proper standard back in 1992. This is the President’s nominations to the The Democrats are not only failing what he said: Federal bench and the Department of to meet historical standards in the Ju- Justice. I say let us compare 1992, in which there diciary Committee, they are failing to was a Democrat majority in the Senate and I can put it simply: We are failing to meet even their own standards. When I a Republican President. We confirmed 11 do our duty. chaired the committee, Democrats court of appeals court nominees . . . and 66 Let me first address the judicial con- complained about every nomination judges in all. In fact, we went out in October firmation process. The Constitution hearing that did not include an appeals of that year. We were having hearings in gives to the President the authority to court nominee. With Democrats in September. We were having people confirmed nominate and appoint Federal judges. charge under President Bush, the Judi- in October. The Constitution gives to the Senate ciary Committee has held nearly a Today, as in 1992, a President Bush is the role of advice and consent as a dozen nomination hearings without a in the White House. check on the President’s appointment single appeals court nominee. Today, as in 1992, Democrats control power. There has already been one confirma- the Senate. The Senate gives the President ad- tion hearing this year without an ap- Today, Democrats do not have to vice about whether to appoint his judi- peals court nominee, and another one badger the majority to meet their judi- cial nominees by giving or withholding will take place on Thursday. cial confirmation standard. They are in our consent. We are supposed to do so The picture is the same on the Sen- the majority. All they have to do is through up-or-down votes. That is what ate floor, where Democrats are failing meet their own standard, and thus far the Constitution assigns us to do and to meet either historical standards or they have failed to do so. what the American people expect us to their own standards. do. President Bush is the fourth Presi- After all, if the Judiciary Committee That is what we are failing to do. dent in a row to face a Senate con- is not holding hearings on appeals For the record, since I was first elect- trolled by the other party during his court nominees now, if the Senate is ed, I have voted against only 5 of the last 2 years in office. not confirming nominees now, what more than 1,500 nominees to life- Under his three predecessors, the makes anyone think we are going to be tenured judicial positions the Senate Senate confirmed an average of 75 dis- doing so in September or October as has considered on the floor. Some of trict court nominees during their last 2 Democrats once said we should? my Democratic friends, including those years in office. More than half of them We will no doubt hear any number of with far less seniority, have voted were confirmed in the final year. rehearsed responses, retorts, and re- against more than three times as many Fifteen months into the current joinders. We will hear, for example, nominees of the current President 110th Congress, we have confirmed only that the White House has not sent us a alone. 31—only 31—district court nominees for nominee for every existing judicial va- I have strongly opposed all filibusters President Bush. cancy. True, but beside the point. against judicial nominees, both Demo- Similarly, under the previous three Lacking nominees for vacancies X, Y, crats and Republicans. Some of my Presidents, the Senate confirmed an and Z is no excuse for failing to hold Democratic friends opposed filibusters average of 17 appeals court nominees hearings and votes on nominees to va- of Democratic nominees but heartily during the President’s final 2 years in cancies A, B, and C.

VerDate Aug 31 2005 02:10 Apr 02, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AP6.025 S01APPT1 wwoods2 on PRODPC68 with SENATE S2264 CONGRESSIONAL RECORD — SENATE April 1, 2008 We have already heard about the so- hearings or votes on judicial nominees the details of the confirmation process, but called Thurmond rule, supposedly jus- who do have their home State Sen- they cannot help but notice the personal at- tifying grinding the confirmation proc- ators’ support. tacks on nominees, the emphasis on politics ess to a halt in this Presidential elec- over progress, and the basic unfairness of de- The U.S. Court of Appeals for the nying qualified nominees a fair up-or-down tion year. The Thurmond rule neither Fourth Circuit, for example, is one- vote by the committee and full Senate. is a rule nor can it be attributed to the third empty—one of the most impor- A year into the 110th Congress, the Judici- late Senator Strom Thurmond, a tant circuit courts in the country. ary Committee has held hearings for only former Judiciary Committee chairman. President Bush has sent us nominees to four appeals court nominees and has voted Here is what the Democrats said four of the five vacancies on that on only six. As a result, the full Senate has about the so-called Thurmond rule in court. One of them, Robert Conrad, has fallen far short of the confirmation pace nec- 2000, when a Democrat was in the the support of both home State Sen- essary to meet the historical average of 17 White House: circuit court confirmations during a presi- ators, our distinguished colleagues dent’s final two years in office—an average We cannot afford— from North Carolina. He has been nom- maintained during the Reagan, Bush I, and The Democrats said— inated to a position that has been open Clinton presidencies despite opposition con- to follow the ‘‘Thurmond Rule’’ and stop act- for 14 years. The Administrative Office trol of the Senate. ing on these nominees now in anticipation of of the U.S. Courts has designated it a Instead of seeing progress, the American the presidential election in November. judicial emergency position. people are watching judicial nominees stack Well, today is only April, but it al- This body confirmed Robert Conrad up in the Judiciary Committee. Ten appeals ready looks as if Democrats are stop- court nominees—seven of them waiting to to the U.S. district court a few years fill vacancies declared ‘‘judicial emer- ping action on judicial nominees in an- ago without even having a rollcall gencies’’—and nearly twenty district court ticipation of the Presidential election. vote. Yet he has been waiting for more nominees languish in committee. Several Now, that same Democratic leader than 250 days without a hearing. nominees have been waiting more than a spoke on the Senate floor on October 3, Steven Matthews, likewise, has the year and a half. 2000, a month before the election. He support of his home State Senators, Given the long delays in the federal courts, once again rejected the so-called Thur- our distinguished colleagues from the American people are unsympathetic to mond rule and used 1992 as the judicial the claim that certain nominees cannot even South Carolina. He has been waiting get a hearing because of the Judiciary Com- confirmation standard, even in a Presi- for more than 200 days without a hear- dential election year. This is what he mittee’s arcane ‘‘blue slip’’ policy. That pol- ing. icy exposes the Senate at its worst and is said: The American people sent us to do rightfully perceived as serving senators rath- Do you know how long the Democrat-con- our duty, and that includes giving a er than the public. Consider the senators trolled Senate was confirming judges for a hearing and a vote on these nominees. whose only reason for blocking two circuit Republican President [in 1992]? Up to and in- Mr. President, I ask unanimous con- court nominees is a decade-old personal cluding the very last day of the session; not grudge, or the senators who can do no better sent to have printed in the RECORD a up to and including 6 months before the ses- than argue that the nominee they are block- sion ended. letter, dated February 13, 2008, signed ing is so good at his current job that he That was then. I wonder how long by more than 50 grassroots organiza- should be kept there. In the end, responsi- this Democratic-controlled Senate will tions, urging us to do our judicial con- bility for the resulting delays lies with the be confirming judges for this Repub- firmation duty. Judiciary Committee, because the ‘‘blue lican President. There being no objection, the mate- slip’’ policy exists entirely at the commit- We will no doubt continue to hear rial was ordered to be printed in the tee’s discretion. Fortunately, the new year presents the Ju- RECORD, as follows: the cute but misleading phrase ‘‘pocket diciary Committee with the opportunity for filibuster,’’ a blurb created by the FEBRUARY 13, 2008. a fresh start. If you and your colleagues are Democratic spin machine to somehow Hon. PATRICK J. LEAHY, willing to eschew partisan politics, focus on blame Republicans for unconfirmed Hon. ARLEN SPECTER, your constitutional duty, and treat nomi- Clinton judicial nominees. Hon. JOSEPH R. BIDEN, Jr., nees in a dignified manner, the Senate can Our constituents may not know it, Hon. SAM BROWNBACK, meet or come close to the historical average but my Democratic colleagues cer- Hon. BENJAMIN L. CARDIN, of 17 circuit court confirmations. Hon. TOM COBURN, tainly do, that every President has Specifically, there are four pending circuit Hon. JOHN CORNYN, nominees—Robert Conrad, Steve Matthews, nominees who do get confirmed for a Hon. RICHARD J. DURBIN, Catharina Haynes, and Gene Pratter—who host of different reasons. But why let Hon. RUSSELL D. FEINGOLD, have the support of home state senators, the facts get in the way of a good Hon. DIANNE FEINSTEIN, which Chairman Leahy has said is key to ap- sound bite? Hon. LINDSEY GRAHAM, proval by the Judiciary Committee. Includ- The unconfirmed Clinton nomina- Hon. CHARLES E. GRASSLEY, ing D.C. Circuit nominee Peter Keisler, that tions include many President Clinton Hon. ORRIN G. HATCH, makes five appeals court nominees for whom himself withdrew or chose not to re- Hon. EDWARD M. KENNEDY, there is no excuse for denying them a com- nominate. They include others who Hon. HERB KOHL, mittee vote. And, given the outstanding Hon. JON KYL, were nominated too late in a session to qualifications of these five nominees, there Hon. CHARLES E. SCHUMER, is no reason why the committee should fail even be processed. They include others Hon. JEFF SESSIONS, to report them to the full Senate for a fair who did not have the support of their Hon. SHELDON WHITEHOUSE, up-or-down vote. home State Senators. U.S. Senate, U.S. Capitol, Assuming at least two new nominees to The current Judiciary Committee Washington, DC. the Fourth and Ninth Circuits in the next chairman insists he is not responsible DEAR SENATORS: We write both to express several months, that leaves seven circuit when nominees lacking support from our deep concern about the lack of progress nominees in addition to the aforementioned their home State Senators do not get in 2007 in reporting judicial nominees—par- five. Even if the Judiciary Committee meets ticularly circuit court nominees—out of the hearings. When he follows this policy, only a very minimal standard by reporting Judiciary Committee, and to discuss reason- just four of those seven to the full Senate, he blames it on Senate tradition and able expectations for progress on this issue the Senate will have an opportunity—contin- senatorial courtesy. When a Repub- in 2008. gent on Majority Leader Reid scheduling up- lican chairman follows this policy, he The remarkably low approval ratings for or-down votes—to confirm fifteen appeals calls it a pocket filibuster. the 110th Congress are a testament to Ameri- court nominees in the 110th Congress. Fif- When you sort out the real reasons cans’ concern that their representatives are teen confirmations would fall short of the that Clinton nominees were not con- more interested in partisan politics than in historical average, but would match the firmed, you find this Democratic sound serving the people. The American people number of circuit court confirmations in bite has a margin of error of about 500 want you to do your job, and among the President Clinton’s final two years. Any- most important responsibilities of the Judi- thing less and the members of the Judiciary percent. ciary Committee are processing and voting One of my Democratic friends was re- Committee will be remembered for presiding on the President’s judicial nominees. over historic levels of obstruction. cently quoted as saying that facts are The impact of the judges issue on Senate Lest the individual nominees get lost in a stubborn things. They are indeed. campaigns over the last six years dem- discussion of numbers, we want to draw your None of this explains, let alone ex- onstrates that the public is watching. Your attention to the truly exceptional qualifica- cuses, Democrats’ refusal to holding constituents may not pay close attention to tions of D.C. Circuit nominee Peter Keisler,

VerDate Aug 31 2005 03:22 Apr 02, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AP6.027 S01APPT1 wwoods2 on PRODPC68 with SENATE April 1, 2008 CONGRESSIONAL RECORD — SENATE S2265 who has inexplicably languished in com- cil; Brian Burch, President, Fidelis; Justice Department officials and yet mittee without action since his hearing a Tom Minnery, Senior Vice President of are now slow-walking confirmation of year and a half ago. Keisler has been given Government and Public Policy, Focus their replacements. the American Bar Association’s highest rat- on the Family; Ron Shuping, Executive On March 11, the Judiciary Com- ing—‘‘unanimously well-qualified’’—and has Vice President of Programming, Inspi- mittee held a hearing on the nomina- the enthusiastic support of leading legal ration Networks. scholars and practitioners from across the James Bopp, Jr., General Counsel, James tion of Grace Chung Becker to be As- ideological spectrum, including Yale Law Madison Center for Free Speech; Gary sistant Attorney General of Civil School Dean Anthony Kromnan, Professor Marx, Executive Director, Wendy E. Rights. Neal Katyal of Georgetown, Professor Akhil Long, Counsel, Judicial Confirmation Grace served as a counsel on my staff Amar of Yale, Carter Phillips of Sidley Aus- Network; Day Gardner, President, Na- when I chaired the Judiciary Com- tin, former D.C. Bar President George Jones, tional Black Pro-Life Union; Chris mittee and has been a Deputy Assist- and several former law clerks of Supreme Brown, Executive Vice President, Na- ant Attorney General in the Civil Court Justices Thurgood Marshall and Wil- tional Federation of Republican As- Rights Division for the past 2 years. liam Brennan. In addition, both the Wash- semblies; Raymond J. LaJeunesse, Jr., She currently heads the division in an ington Post and Los Angeles Times have Vice President and Legal Director, Na- called for Keisler’s confirmation. tional Right to Work, Legal Defense acting capacity. This impressive array of supporters sur- Foundation; Linda Chavez, President, My Judiciary Committee colleagues prises no one familiar with Keisler’s un- One Nation Indivisible; Dr. Randy will remember Grace as a talented, matched credentials. A graduate of Yale Law Brinson, Chairman, Redeem the Vote. brilliant, and dedicated lawyer, a per- School, Keisler served as Associate Counsel Joyce E. Thomann, President, Repub- son of the highest character and integ- to President Reagan and clerked for Su- lican Women of Anne Arundel County, rity—one of the most likable people preme Court Justice Anthony Kennedy be- MD; Dr. Rod D. Martin, Chairman, who ever served on the committee, one fore joining Sidley Austin. At Sidley, he was TheVanguard.Org; Rev. Louis P. Shel- who served both sides, I think, gra- quickly promoted to partner and argued don, Chairman, Traditional Values Co- ciously and well. cases at every level of the federal court sys- alition; Dr. Keith Wiebe, President, She received her law degree magna tem, including the Supreme Court. In 2002, American Association of Christian he left Sidley to serve his country at the Schools; Susan A. Carleson, Chairman cum laude from Georgetown, where she U.S. Department of Justice, where he was and CEO, American Civil Rights Union; was associate editor of the Georgetown promoted to Assistant Attorney General for Donald E. Wildmon, Founder and Law Journal. That was after receiving the Civil Division a year later. When Attor- Chairman, American Family Associa- her B.A. magna cum laude from the ney General Alberto Gonzales resigned last tion; Micah Clark, Executive Director, University of Pennsylvania and her year, Keisler postponed his plans to leave American Family Association of Indi- B.S., once again magna cum laude from government service so that he could see the ana. the Wharton School of Finance. Department and the nation through a dif- Rev. John C. Holmes, Ed.D., Director, I think I see a pattern here. ficult transition period as Acting Attorney Government Affairs Association of After clerking for judges on the U.S. General. Christian Schools International; Larry District Court and the U.S. Court of The least the Judiciary Committee can do Cirignano, Founder, CatholicVOTE.org; Appeals in the District of Columbia, to thank Peter for his service to the nation Jeffrey Mazzella, President, Center for is to report him to the full Senate for an up- Individual Freedom; Samuel B. Casey, Grace spent a year in private practice or-down vote. There is no rational reason Executive Director and CEO, Christian before entering Government service. why, after a year and a half of waiting, this Legal Society; Tom Shields, Chairman, For the next decade, Grace served in exceptional nominee should remain on hold. Coalition for Marriage and Family; such positions as Special Assistant If his nomination is allowed to die in the Ju- Professor Victor Williams, Columbus U.S. Attorney, Assistant to General diciary Committee, it will be a loss to both School of Law, Catholic University of Counsel at the U.S. Sentencing Com- the federal bench and the reputation of the America; Karen Testerman, Executive mission, Special Adviser to the Assist- committee. His confirmation is our highest Director, Cornerstone Policy Research. ant Secretary of the Army, and Asso- priority, and it should be yours as well. Ron Pearson, President, Council for President Bush fulfilled his constitutional ciate Deputy General Counsel of the America; Brad Miller, Director, Family Defense Department. duty by nominating the men and women who Policy Council Dept., Focus on the await action in the Judiciary Committee. We Family Action; Bryan Fischer, Execu- The PRESIDING OFFICER. The Sen- respectfully request that you fulfill your re- tive Director, Idaho Values Alliance; ator’s 15 minutes has expired. sponsibility as well, by ensuring that each Curt Smith, President, Indiana Family Mr. HATCH. I ask unanimous consent and every judicial nominee is given a hear- Institute; J. C. Willke, M.D., President, for another 2 minutes. ing and a vote in committee. If you cannot International Right to Life Federation; The PRESIDING OFFICER. Without support a particular nominee, vote him or Phillip Jauregui, President, Judicial objection, it is so ordered. her out of committee without a positive rec- Action Group; Anita Staver, President, Mr. HATCH. At the Justice Depart- ommendation, or vote against confirmation Liberty Counsel. ment, Grace has been supervising hun- on the Senate floor. The full Senate must be Mr. Kelly Shackelford, Chief Counsel, dreds of lawyers in cases regarding allowed to carry out its constitutional duty Liberty Legal Institute; Mathew D. civil rights, housing discrimination, re- of advice and consent by providing each Staver, Dean and Professor of Law, ligious land use, education, and fair nominee with a timely up-or-down confirma- Liberty University School of Law; Dr. tion vote, and you should not stand in the lending practices. Patricia McEwen, Director, Life Coali- Grace is a special person. She is the way. We ask only that you do your job by tion International; Bradley Mattes, Ex- putting statesmanship above politics and ecutive Director, Life Issues Institute; child of Korean immigrants whose par- special interests. The American people ex- Steven Ertelt, Editor and CEO, ents and siblings are all entrepreneurs pect no less. LifeNews.com; Gene Mills, Executive in New York and New Jersey. She and We would be happy to speak with you in Director, Louisiana Family Forum; her husband Brian have been married person about this critical matter. Leslee J. Unruh, President and Found- for 14 years and have 2 wonderful chil- Respectfully, er, National Abstinence Clearinghouse. dren. Grace is living the American Curt Levey, Executive Director, Com- Steven W. Fitschen, President, National dream and making the most of the op- mittee for Justice; James L. Martin, Legal Foundation; Len Deo, Founder portunities she has found in this great President, 60 Plus Association; Gary L. and President, New Jersey Family Pol- Bauer, President, American Values; country. She is dedicated to making icy Council; Fr. Frank Pavone, M.E.V., these opportunities available to others. Roger Clegg, President, Center for National Director, Priests for Life; Equal Opportunity; Jeff Ballabon, David Crowe, Director, Restore Amer- She has served the community on the President, Center for Jewish Values; ica; Dr. William Greene, President, board of the Korean American Coali- Jim Backlin, Vice President for Legis- RightMarch.com; Dane tion and on the Fairfax County School lative Affairs, Christian Coalition of vonBreichenruchardt, President, U.S. Board’s Human Rights Advisory Com- America; Paul M. Weyrich, National Bill of Rights Foundation; Al Laws, mittee. Chairman, Coalitions for America. Jr., CEO, WIN Family Services, Inc. She has finally had her hearing, but Kay R. Daly, President, Coalition for a now I hear disturbing reports that she Fair Judiciary; Wendy Wright, Presi- Mr. HATCH. Mr. President, let me dent, Concerned Women for America; briefly turn from the judicial to the ex- has been given literally hundreds of Kent Ostrander, Executive Director, ecutive branch and, in particular, to written questions, many about matters Family Foundation (Kentucky); Tom the Department of Justice. occurring long before her tenure or de- McClusky, Vice President of Govern- My Democratic colleagues have cisions and policies she had absolutely ment Affairs, Family Research Coun- helped drive from office several top nothing to do with.

VerDate Aug 31 2005 02:10 Apr 02, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AP6.006 S01APPT1 wwoods2 on PRODPC68 with SENATE S2266 CONGRESSIONAL RECORD — SENATE April 1, 2008 I urge my colleagues to do the right record numbers on mortgages of stimulus package, with four or five key thing, to do our confirmation duty, not homes. points in it which I will mention in a only for Grace but also for these quali- Is it an important issue for more moment. We want to bring that bill to fied judicial nominees as well. I ask my than 2 million families? It is. Because the floor and we want our friends on colleagues to do what the American when a home goes into a foreclosure the Republican side—and even Demo- people sent us here to do, and that in- and is sold at lower than fair market cratic Senators if they wish—to offer cludes giving timely consideration and value, it affects the value of the homes amendments about housing so their up-or-down votes to the President’s in the neighborhood. So when they ask best ideas can be considered. nominees for the judiciary and the De- you: What is the value of your home, What I have described sounds dan- partment of Justice. Senator DURBIN, in Springfield, IL, you gerously like the tradition of a delib- Mr. President, I thank my colleague say: Well, let’s look and see some of erative body such as the Senate; we for allowing me the extra 2 minutes, the recent sales in his neighborhood— would actually take an important and I yield the floor. comparable values, as they call them. American issue, bring it to the floor, The ACTING PRESIDENT pro tem- If, around the block, one of my neigh- debate it, open it to amendment, do pore. The Senator from Illinois is rec- bors has lost a home in foreclosure, our best to come up with something ognized. that has a negative impact on the that will pass, match what the folks do Mr. DURBIN. Mr. President, this value of my home. So 2 million mort- in the House of Representatives, and Senate is an institution which was cen- gage foreclosures have a ripple effect maybe end up with a law—a law that tral to the decision to become a Na- across the housing economy and dimin- can strengthen our economy. That is tion. I have been watching this John ish the value of 44 million homes, 22 the normal way we do business—or at Adams documentary on HBO—I rec- homes for every home in foreclosure. least normal until this Republican mi- ommend it to everybody—talking One says: Well, 44 million homes in a nority came to power. about the earliest days of America. nation of 300 million people, it is still What happened on February 28? Well, This great Constitution which guides not that big a deal, is it? It is. Forty- we needed about nine Republicans to our Nation almost didn’t happen but four million private residences reflect join the Democrats so we could move for a compromise which said that even one-third of all of the private resi- forward in the debate. Only one stepped the smallest States would at least have dences owned in America. Two million up, so we didn’t have enough votes. So two Senators, the same as the largest mortgage foreclosures and one out of the housing stimulus package died on States. On the Senate floor that tradi- three homeowners who dutifully make February 28. The Republican minority tion continued, allowing even minori- their mortgage payments every single refused to even debate it. They ties, small groups, and even individual month without a problem see the value wouldn’t even bring it up on the floor. Senators certain rights which are not of their home go down. In fact, we are Nothing was going to stop them from afforded to those across the Rotunda in seeing a rising number of people in offering relevant amendments to this the House of Representatives. America holding a mortgage on their housing package. They didn’t even One of these is a filibuster where home at a value that is higher than the want to have an opportunity to offer Senators can take to the floor and can actual value of their home. They are those amendments. They didn’t want hold the floor, objecting to what is under water, as we say. They have a the debate. going on. It takes an extraordinary debt, a mortgage, which is greater than I think I know why. They are doing vote—a large vote, more than a major- the value of their home. their best to make sure that this Con- ity in the Senate—to take the floor This has an impact on our overall gress, under the Democrats, ends up in back from that single Senator or group economy. Over 70 percent of the people the same position as the previous Con- of Senators and to proceed with busi- in America today, when asked if they gress, under Republicans, of doing ness. These filibusters have stopped will buy a home, say no. You say: Is nothing about the issues that count for what are so-called ‘‘cloture motions,’’ that because you can’t find a mortgage America. closing down the debate and moving on for your home? They say: No, I can find But we are not giving up. We are with business. It takes 60 votes for a a mortgage. I just don’t think it is a coming back today. In about 20 min- cloture vote. In other words, 60 Sen- good investment. utes we will break for lunch and after ators have to agree to stop a filibuster Think about that statement. For as that, we will come back for a vote on and move forward. long as I have been around, a home was the floor and we will try to return to In the history of the Senate, the always your best investment. I can re- this housing stimulus package. We will record number of filibusters for any 2- member when my wife and I stretched give the Republicans a chance to join year period of time has been 62—62 fili- and squeezed and sacrificed to get our us. I say to my friends on the Repub- busters in a 2-year period. Last year, first home, how proud we were. We lican side who may be watching this on the Republican minority broke that weren’t sure we could make those C–SPAN in their offices or other record, smashed that record by initi- monthly payments. It was a stretch to places: Don’t be afraid of a debate. ating 62 filibusters in 1 year. Sixty-two do it. But we knew it was the right Don’t be afraid of amendments. Isn’t times the Republican minority stopped thing for our kids, for our family, for that why we ran for office, to address our efforts on the floor of the Senate to our neighborhood, and for ourselves, the important issues facing America, move forward to try to change things because a home is going to go up in to debate the merits of a good idea or in America—62 times. value. At least that was the theory a bad idea, and to take a vote to be on The Republican Party is known as until recently. Now homes are going record. If we are going to run away the Grand Old Party—the GOP. It down in value and people are not buy- from an issue as central to the econ- turns out that when it comes to Senate ing. Homes sit vacant, not only fore- omy as the housing crisis, we are be- Republicans, GOP stands for Graveyard closed homes but other homes where coming irrelevant. It is little wonder Of Progress. That is what they are try- people are trying to sell them to move that the approval rating of Congress is ing to make the Senate. on to a different location or to a better as low as it is when the Republicans On February 28 we brought up a place. You see the signs all over Amer- continue to filibuster, continue to stop measure here to deal with America’s ica: For Sale, For Sale. It is a reminder us from even debating something as housing crisis. Is it a serious issue? Is that the housing crisis which brought critical as the housing crisis facing it something the Senate should take us into this recession is still very much America. the time away from our wonderful pa- an issue today. So what does the bill do? The basic triotic speeches and try to address? I On February 28, the Democratic ma- bill we are talking about here does sev- think it is. More than 2 million Ameri- jority said to our friends on the Repub- eral things in an attempt to reduce cans face foreclosure. In my home lican side: Let us act as Senators. Let foreclosures. One of the first is to make State of Illinois, we are facing record us deal with an issue that has rel- an investment in more counselors. It numbers of foreclosures. In States such evance to today’s economy and to fam- has to be a scary moment when you re- as Nevada and California and all over ilies all over the Nation. We have a ceive that letter after you have missed the United States, foreclosures are at plan. We have a proposal, a housing your mortgage payment that says you

VerDate Aug 31 2005 03:22 Apr 02, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AP6.028 S01APPT1 wwoods2 on PRODPC68 with SENATE April 1, 2008 CONGRESSIONAL RECORD — SENATE S2267 are now in default. You are facing fore- If you have ever sat through a real What about your home? No way. The closure. We can take your home away estate closing, you know there are a law says the bankruptcy court cannot from you. Some people go through a stack of papers like this, and they turn modify the terms of your mortgage on period of denial. They won’t look at the pages and say: Keep signing. And in your home. It is prohibited by law. the mail. They won’t answer the phone. 20 minutes you walk out the door and What is that all about? This is a graph- They hope it will all go away. But it say: What the heck did I just sign? Sen- ic illustration of a yacht—and I don’t won’t. It gets worse. Others wisely say: ator JACK REED wants to have a cover know any Senator who owns one. But I need to talk to somebody. How did I sheet that has the basics on it so ev- here is a yacht and here is a home. The get into this mess? How can I get out of erybody initials it and signs it so they bankruptcy court can renegotiate the this mess? The people available to talk know their interest rate, what the terms for the yacht but not for the to them are counselors who sit down term of the loan is, how much they are home. My bill says you will have a and say: OK, don’t panic. Do you have borrowing, if the interest rate can chance to renegotiate the terms of an income? How are you doing other- change, what the monthly payment is, your home, but there are strict limita- wise? Do you have a lot of debt? Maybe what it could be—the high and low tions. we can call the bank. Maybe we can points—and is there a penalty for pre- First, this doesn’t apply to every- find a way to change the terms of your payment—basic things, so they don’t body. You have to have an existing mortgage so you can stay there. walk out in a mystery as to what they mortgage, not anything that you could These counselors are valuable. In just signed. enter into at a future date. Second, it fact, they are invaluable to deal with Then there is a provision I have in has to be a home, not a property you this mortgage foreclosure crisis. So one there which the mortgage bankers hate bought for speculation. Third, you have like the devil hates holy water. Why do of the first things we do is to put more to qualify to go into bankruptcy court. mortgage bankers hate this provision? funds into counseling so there are peo- Fourth, when they modify the mort- First, let me introduce you to this ple available to help those facing mort- gage, they cannot lower the principal group. The mortgage bankers were the gage foreclosures. below the fair market value of the industry that brought us this mess of We expand refinancing opportunities home. Many foreclosure proceedings so that if you can’t make it on your old subprime mortgages. They were the ones who started ped- don’t end up at fair market value. mortgage—let’s say you have what is dling mortgages that made no sense, Fifth, the interest rate they can im- called an ARM, an adjustable rate convincing people who were caught off pose on the new mortgage cannot be mortgage, and let’s say it has hit its guard, or deceived, saying: Oh, of anything less than the prime rate, plus reset point—1 year, 3 years, 5 years— course you can afford this home; these a premium for risk. Sixth, if the home and now you have a new interest rate are interest-only payments. Don’t you have refinanced goes up in value in and your monthly payment shot up so worry about it. Just look at the the next 5 years, the bank, the lender, high you can’t make it. So what are monthly payment, don’t worry about gets the increase in value. You are pro- you going to do? Well, in this bill we it. And, listen, when it is supposed to tecting the lender on both ends—no set up some refinancing opportunities reset and the payment goes up, you lower than fair market value and any across the Nation so that people who come back to me and I will refinance increase in value goes to the lender. have an income, who are responsible, it. You know these homes will keep Now, the mortgage bankers, God who want to keep their homes, have a going up in value forever. bless them, say this is the end of West- chance. A lot of unsuspecting people signed ern civilization as we know it. If these We also provide to communities on to these mortgages. Some of them people are able to stay in their home funds through the Community Develop- were elderly, and most of them were under these circumstances, interest ment Block Grant Program to pur- without advanced degrees in finance, rates will go up all across the country. chase foreclosed properties. People and some were duped into this by The Georgetown Law Center said this: ought to see what I have seen repeat- come-on deception advertising. But the Taken as a whole, our analysis of the cur- edly on the west side of Chicago, over fact is, they signed on for the so-called rent historical data suggests that permitting by the United Center where the Chi- subprime mortgages. bankruptcy modification of mortgages would cago Bulls play basketball. There is a Well, those are the folks who are have no or little impact on mortgage mar- great little area on the west side just going through trouble now. There are kets. getting a start that has been rebuilding about 2.2 million of them. About one- I have talked to these bankers. This neighborhoods that have been kind of third of them will end up in Bank- doesn’t make sense. Unregulated, unsu- beaten up for a long time with nice ruptcy Court. They will go into chapter pervised, without oversight, they homes. Smack dab in the middle of 11 where you walk in and say to the dragged us into this mortgage crisis these nice homes is this boarded-up judge: I am making an income, I am with millions of people and their homes home, with trash in what used to be a not out of work, but I have all these on the line, and our economy is tee- nice front yard. It looks awful. Right debts. Under chapter 11, the bank- tering on recession, the values of next door to it live two families who ruptcy judge can start restructuring homes across America are in peril, and clearly care about their homes, and your debts, try to find a way through now they will not even allow us to help there sits that foreclosed home smack the mess so that at the end of the day these families who will end up in bank- dab in the middle. It is up for auction. you can get it back together again. ruptcy court. When it goes up for auction, it is not About one-third of the people facing I would like to have a vote on that. I likely to even get fair market value, foreclosure will be in that position. would like to ask my friends on the Re- and it is going to hurt the value of all Now, let’s assume you walk into that publican side of the aisle to, at 2:15 or of the other homes in the neighbor- bankruptcy court and you have a num- 2:30, have a vote on this issue. If you hood. ber of things you own. I will give you don’t want to fight fires, don’t be a One of the things we try to do is offer some examples; some are unusual. You firefighter. If you don’t want to cast a communities some funds to step in on own your home, you own a ranch, a va- vote on an important issue in America foreclosures before that house is aban- cation condo, and you own a yacht. I today, don’t run for the Senate. If you doned and run down in value and hurts know most people don’t own yachts, want to be in the Senate and be part of the whole community. We also expand but let’s use this example. Maybe it is this national debate, for goodness a carryback period for businesses, par- just a big boat. What can that bank- sakes, vote to proceed to this bill. Let’s ticularly to help those in the housing ruptcy judge do when it comes to what not litter this graveyard of filibusters industry who have had a rough go of it you owe? Well, he can take your ranch with this important housing stimulus kind of weather the storm so they can and modify the terms of the mortgage. bill. survive. He can take your vacation condo in I urge my colleagues to vote for the JACK REED of Rhode Island, my col- Florida and modify the terms of the motion to proceed. league, passed the Truth In Lending mortgage. He can take your yacht, or I yield the floor. disclosure requirement for real estate big boat, and modify the terms of what The PRESIDING OFFICER. The Sen- closings. you owe on your yacht. ator from Rhode Island is recognized.

VerDate Aug 31 2005 02:10 Apr 02, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AP6.030 S01APPT1 wwoods2 on PRODPC68 with SENATE S2268 CONGRESSIONAL RECORD — SENATE April 1, 2008 Mr. REED. Mr. President, let me first the surrounding homes. It is a cas- of a loan and maximum monthly pay- recognize the contribution of my col- cading effect. It ruins communities as ment legislation that I authored. This league from Illinois with respect to the well as impairs the credit and lives and will give a bumper sticker or a big bankruptcy provision. He explained it the opportunities of individual fami- warning label on a mortgage to indi- extremely well. What it does is give lies. We have to do much more to stem vidual borrowers and tell them the homeowners a chance to get out from this decline, particularly with respect maximum amount of money they have underneath a collapsing housing mar- to housing values. liability for. So the introductory teaser ket in the United States. It has been Yesterday, I noted that Secretary rate of $1,000 a month might be attrac- well tailored and it is responsible and I Paulson announced significant steps, tive, but if people realize that within a think we should adopt it quickly in he proclaimed, to begin to revise the year or 2 years they will be paying two this package that is going forward. regulation of financial institutions, or three times that, it will give them The whole housing crisis is a reflec- and part of it is prompted by the the information they need to make a tion of a much deeper economic mal- subprime mortgage crisis, the better judgment about signing up for aise that is gripping the country. We securitization of these loans. There is that loan. are seeing skyrocketing prices in terms nothing in his blueprint that dealt So this legislation is critical to fami- of energy and foodstuffs. On the recess with the most important aspect of the lies, and it is particularly critical, I I visited two Italian bakeries in Rhode problem, and that is home values. The think, to ensure that we begin to work Island. They have been family-owned administration has been very keen and our way out of the looming recession companies for over 100 years, and they quick to help Wall Street. The reality and an economy that is deeply trou- have never seen the runup in prices of is we have to help Main Street, indi- bled. I hope all my colleagues will vote wheat they have seen over the last sev- vidual homeowners across this coun- to go forward with this measure and, I eral weeks and months. try. If we do I think that will provide hope, pass this measure. The final thing is that we are losing a surge of confidence to the economy, I yield the floor. jobs now. In the last 2 months, we have which is the key factor in beginning a f lost many jobs. We lost 63,000 jobs last recovery from what looks like the be- month. That is the largest monthly de- ginning of a recession, and perhaps a RECESS cline in jobs in 5 years. The national long recession, unless we act promptly. The PRESIDING OFFICER. Under unemployment rate is 4.8. In Rhode Is- I have joined my colleagues to intro- the previous order, the Senate stands land it is 5.8 percent. We are seeing an duce this legislation, the Foreclosure in recess until the hour of 2:15 p.m. economy sliding into recession. Key to Prevention Act of 2008, which builds on Thereupon, The Senate, at 12:29 p.m., this, in my view, to reconcile and try the economic stimulus package. It is a recessed and reassembled at 2:15 p.m. to stop the erosion of economic oppor- complement to it. I hope we can move when called to order by the Presiding tunity in this country is to stabilize today, despite previous opposition by Officer (Mr. CARPER). the housing market. That is what the my colleagues on the Republican side, Mr. REID. Mr. President, I suggest package of proposals that we will vote to take up this legislation and begin the absence of a quorum. on this afternoon attempts to do. the debate and modify it, if necessary, The PRESIDING OFFICER. The We have a situation in this country but move forward deliberately and clerk will call the roll. where incomes have been flat for the quickly to address the issue of housing The assistant legislative clerk pro- last 8 years for most Americans—un- in the United States. ceeded to call the roll. less you were extraordinarily com- This legislation, if enacted, would Mr. MCCONNELL. Mr. President, I pensated at the highest levels. But if help families keep their homes by pro- ask unanimous consent that the order you are a working man or woman, low viding counseling for foreclosures, by for the quorum call be rescinded. income, middle income, or even upper expanding refinancing opportunities, The PRESIDING OFFICER. Without middle income, your income has been and by getting the services and the objection, it is so ordered. relatively flat. You have seen acceler- counselors together to attempt to f ated costs. The last thing people had in allow people to stay in their homes. their tool kit, if you will, was the value One aspect of this, as mentioned by my CONCLUSION OF MORNING of their homes. They could draw on colleague from Illinois, is the Bank- BUSINESS that in emergencies and use it to help ruptcy Code modification that would The PRESIDING OFFICER. Morning children go to college. They could use allow these residences to be subject to business is closed. it if there was an unexpected expense. a bankruptcy judge’s determination of f Now, with declining housing values, a different workout plan for the home. NEW DIRECTION FOR ENERGY American families are being squeezed It also helps communities withstand INDEPENDENCE, NATIONAL SE- dramatically—job losses, increasing the impact of foreclosures, as there is a CURITY, AND CONSUMER PRO- prices, flat incomes, and now declining cascading effect. If one home is fore- TECTION ACT AND THE RENEW- housing values. In fact, it has been es- closed, the value of other homes begins ABLE ENERGY AND ENERGY timated that today in the United to decline automatically. This would CONSERVATION TAX ACT OF States the value of homes fell below 50 provide community development block 2007—MOTION TO PROCEED percent of equity—the ratio of equity grants to cities to purchase some of fell below 50 percent for the first time these homes. We have to move quickly The PRESIDING OFFICER. Under in a long time. because one of the other aspects is the previous order, the Senate will pro- We are also looking at a situation when these homes in urban areas are ceed to the motion to reconsider the where there is a record number of fore- empty for a matter of weeks, or even, vote by which cloture was not invoked closures. Just this morning, coming in some cases days, they are stripped— on the motion to proceed to H.R. 3221. into work and listening to the radio, I the siding is ripped off, or the copper The motion to reconsider is agreed to, heard in Montgomery County, MD, plumbing is taken out. Unless there is and there will now be 15 minutes of de- there is a huge acceleration of fore- someone to go in there and keep it in bate equally divided prior to a vote on closures in that suburb. It is also hap- use or to board it up and protect it, cloture on the motion to proceed to pening across the country. In the Prov- then these homes are going to be a loss H.R. 3221, with the majority leader con- idence Journal in Rhode Island, there not just temporarily but for a longer trolling the second half of that time. used to be maybe two, three pages of term. The Republican leader. foreclosures on a high number. Now This is going to help businesses by Mr. MCCONNELL. Mr. President, the there is a whole section devoted to expanding the carry-back period from 2 majority leader and I have had good foreclosures. to 5 years to utilize losses incurred in conversations this morning, and a few This is becoming a problem not just 2006 and 2007 and 2008. It is going to moments ago, we reached an agree- for individual households but for com- help, I hope, avoid foreclosure in the ment on how to go forward on the munities because the value of a fore- future. It will deal with the issue of housing bill. That agreement is as fol- closed home brings down the value of clear disclosure of a maximum amount lows: that Senator DODD, the chairman

VerDate Aug 31 2005 02:10 Apr 02, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AP6.032 S01APPT1 wwoods2 on PRODPC68 with SENATE