July 17, 2013 CONGRESSIONAL RECORD — SENATE S5737 The Senate will be in order. they were discovered, the e-mails were able to come together and work out a The Senator from Florida. immediately forwarded to the DOJ bipartisan agreement to make some Mr. RUBIO. Mr. President, I ask server and are now part of the DOJ progress on approving President unanimous consent for 1 minute so record retention system. Obama’s nominees. This is a great ex- that I may be able to read a letter with I might add that the 35 e-mails were ample of the kind of work I hope we regard to the upcoming vote. made available to the House Oversight can do more of going forward, because The PRESIDING OFFICER. Is there Committee staff prior to Mr. Perez’s gridlock is getting in the way of objection? The Senate will be in order. confirmation hearing, and the Senate progress on far too many issues that The Senator from Iowa is recognized. HELP Committee staff have also been affect the families and communities we Mr. HARKIN. Mr. President, is there offered access to review all of those e- have a responsibility to serve. a unanimous consent request pending? mails. One of the most egregious examples The PRESIDING OFFICER. There is The contentions made by the Senator that still remains is the Republican a unanimous consent request pending. from Florida are just absolutely wrong. leadership blocking a bipartisan budget The Senator from Florida has asked The PRESIDING OFFICER. The conference—and the regular order they unanimous consent for a minute to question is, Is it the sense of the Sen- called for—in order, it appears, to gain read a letter with regard to the nomi- ate that debate on the nomination of leverage by manufacturing a crisis nation. Thomas Edward Perez, of Maryland, to come this fall. Mr. HARKIN. Then I ask for 1 minute be Secretary of Labor shall be brought Democrats have come to the floor to following the Senator from Florida. to a close? talk about this a lot over the past few The PRESIDING OFFICER. Is there The yeas and nays are mandatory weeks. Unfortunately, it seems to be objection to the request of the Senator under the rule. getting worse and not better. from Florida? Without objection, it is The clerk will call the roll. We have heard from more and more so ordered. The bill clerk called the roll. tea party Republicans about their lat- The Senator from Florida is recog- The yeas and nays resulted—yeas 60, est brinkmanship threat. They are now nized. nays 40, as follows: saying: Defund health care reform or Mr. RUBIO. Before we vote on this, [Rollcall Vote No. 177 Ex.] we are going to shut down the govern- especially to my colleagues on the Re- YEAS—60 ment. publican side, we are about to give 60 Alexander Hagan Murkowski I wish I were making this up, but it votes to a nominee who is not in com- Baldwin Harkin Murphy is real. The House has already tried to pliance with a congressional subpoena. Baucus Heinrich Murray repeal this law 37 times. In fact, just I have in my hand a letter sent to me Begich Heitkamp Nelson for good measure, they are voting on it Bennet Hirono Pryor moments ago by DARRELL ISSA, the Blumenthal Johnson (SD) Reed again this week. chairman of the Oversight Committee Boxer Kaine Reid We all know that is not serious. It is in the House, where he writes in part Brown King Rockefeller certainly not governing. It is pointless Cantwell Kirk Sanders that ‘‘Mr. Perez has not produced a sin- Cardin Klobuchar Schatz pandering, and it does absolutely noth- gle document responsive to the Com- Carper Landrieu Schumer ing to help the families and commu- mittee’s subpoena. I am extremely dis- Casey Leahy Shaheen nities we represent. appointed that Mr. Perez continues to Collins Levin Stabenow There are so many real problems we Coons Manchin Tester willfully disregard a lawful subpoena Corker Markey Udall (CO) all need to be focused on. We need to issued by a standing Committee of the Donnelly McCain Udall (NM) protect our fragile economic recovery United States House of Representa- Durbin McCaskill Warner and get more of our workers back on Feinstein Menendez Warren tives.... This continued noncompli- Franken Merkley Whitehouse the job. We need to replace sequestra- ance contravenes fundamental prin- Gillibrand Mikulski Wyden tion and we need to tackle our long- ciples of separation of powers and the term deficit challenges responsibly. We NAYS—40 rule of law. Until Mr. Perez produces have to stop this lurching from crisis Ayotte Fischer Paul all responsive documents, he will con- Barrasso Flake Portman to crisis and return to regular order tinue to be noncompliant with the Blunt Graham Risch and give families and communities the Committee’s subpoena. Thank you for Boozman Grassley Roberts certainty they deserve. The only way your attention to this matter.’’ Burr Hatch Rubio we can do that is if we all work to- Chambliss Heller He goes on to note, by the way, that Scott gether, and the last thing we need to Chiesa Hoeven Sessions Mr. Perez has not produced a single Coats Inhofe Shelby do right now is to rehash old political Coburn Isakson document to the committee; therefore, Thune fights. Cochran Johanns Toomey he remains noncompliant. Cornyn Johnson (WI) Based on what I am hearing more and Vitter Members, you are about to vote to Crapo Lee more of in recent days, not only are tea give 60 votes to cut off debate on a Cruz McConnell Wicker party Republicans willing to push us nominee who has ignored a congres- Enzi Moran toward a crisis this fall, but they will sional subpoena from the House on in- The PRESIDING OFFICER. On this do that to cut off health care coverage formation relevant to his background vote, the yeas are 60, the nays are 40. for 25 million people and end the pre- and to his qualifications for this office. Three-fifths of the Senators duly cho- ventive care for our seniors that is The PRESIDING OFFICER. The time sen and sworn having voted in the af- free, and cause our seniors to pay more of the Senator has expired. firmative, the motion is agreed to. for prescriptions. Mr. MENENDEZ. The Senate is not f These political games may play well in order. with the tea party base, but here is the The PRESIDING OFFICER. The Sen- NOMINATION OF THOMAS EDWARD reality: ObamaCare is the law of the ator from Iowa is recognized. PEREZ TO BE SECRETARY OF land. It passed through this Senate Mr. HARKIN. Mr. President, the con- LABOR with a majority. The Supreme Court tentions made by the Senator are abso- The PRESIDING OFFICER (Mr. upheld it. It is already today helping lutely wrong. We had a hearing on this. BLUMENTHAL). Cloture having been in- millions of Americans stay healthy and We explored it in our committee. In- voked, the clerk will report the nomi- financially secure. We should all be stead of the 1,200 e-mails they cite, we nation. working together right now to make are talking about that over a 31⁄2-year The legislative clerk read the nomi- sure it is implemented in the best way period there were 35 e-mails located on nation of Thomas Edward Perez, of possible for our families and our busi- his personal emails that touched De- Maryland, to be Secretary of Labor. nesses and our communities. Instead, partment of Justice business and were The PRESIDING OFFICER. The Sen- what we are hearing is some empty po- not forwarded to the Department of ator from Washington. litical threats and a push for more Justice, and those have been looked at, UNANIMOUS CONSENT REQUEST—S. CON. RES. 25 gridlock here in the Senate. and none of them demonstrate that he Mrs. MURRAY. Mr. President, I am I don’t think it is a coincidence that acted improperly or unethically. When pleased that yesterday the Senate was the very people who are now pushing

VerDate Mar 15 2010 02:27 Jul 18, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.043 S17JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5738 CONGRESSIONAL RECORD — SENATE July 17, 2013 for a government shutdown to defund I am sure Senator MORAN would Therefore, I ask unanimous consent the health care law are the ones who agree with me that getting a bipartisan that the Senator from Washington are blocking a budget conference. If deal is not going to be easy. We know modify her request so that it not be in the goal is to simply push this country that. We know it is going to be dif- order for the Senate to consider a con- into a crisis, as it now seems to be for ficult. But we all know it won’t be easy ference report that includes reconcili- the tea party and the Senate Repub- unless we get to work now, rather than ation instructions to raise the debt lican leadership, then those both are risking our economic recovery and limit. ways to do it. hurting our families and communities The PRESIDING OFFICER. Is there When the Senate budget passed, I was by manufacturing a crisis this fall. objection? optimistic. We worked here for a very I am hopeful the bipartisan spirit we The Senator from Washington. long time—hours and hours, well into have seen this week will carry over Mrs. MURRAY. Mr. President, re- the night, well into the hours of the into this budget debate, and that rath- serving the right to object, let me ex- morning—and we allowed everyone the er than listening to a few, Republicans plain so that the Senator understands. opportunity to vote on their amend- will listen to the Republican Members We are offering in this unanimous con- ments. They were voted up or down, who prefer a bipartisan, commonsense sent request to allow the Senate to agreed to or not agreed to, and we approach over brinkmanship and chaos. speak on the very issue the Senator is passed a bill, because both Republicans We still have an opportunity to gov- requesting, to do it in what a democ- and Democrats said they wanted to re- ern the way the American people right- racy does, and to allow an amendment turn to regular budget order, and they ly expect us to and to come together on it and let the Senate speak. That is said if we did that, we would get back and try and reach an agreement. I am what we do here. to a responsible process. I took them at ready to sit down and go to work with I object to his request, and I reask their word. the conservative House majority to try our unanimous consent request that At that time, we had 192 days to and solve the problem that all of us would allow an amendment on his issue reach a bipartisan budget agreement. have come to Congress saying we want of the debt ceiling and allow this body Three months later, Democrats have to work on, and that is a budget agree- to speak on it before we go to con- come to the floor 16 times to move to ment. ference. the next step of the process: to get us A budget agreement means certainty The PRESIDING OFFICER. Objec- to a bipartisan budget conference with for our constituents. It means the abil- tion is heard to the Lee unanimous ity, no matter how tough the choices the House. Each time we have asked to consent request. for us—and none of us are going to love do that, a tea party Republican or a The question is on the unanimous any of them—to be able to give them Member of the Senate Republican lead- consent request from the Senator from certainty so they know how to move ership has stood up and said, No, I am Washington. Is there objection? forward. not going to let us work out the dif- The Senator from Utah. Mr. President, as if in legislative ses- Mr. LEE. Mr. President, in that case, ferences with the House. We are not sion, I ask unanimous consent that the going to do a budget. We are going to I object. Senate proceed to the consideration of The PRESIDING OFFICER. Objec- allow things to plod along here until Calendar No. 33, H. Con. Res. 25; that we have a crisis in the fall. tion is heard. the amendment which is at the desk, Mrs. MURRAY. I suggest the absence There are now less than 3 weeks be- the text of S. Con. Res. 8, the budget fore we are scheduled to return home— of a quorum. resolution passed by the Senate, be in- The PRESIDING OFFICER. The all of us—to our States for constituent serted in lieu thereof; that H. Con. Res. work. If we can’t get an agreement by clerk will call the roll. 25, as amended, be agreed to; the mo- The legislative clerk proceeded to then, we are going to return in Sep- tion to reconsider be considered made tember with very little time before a call the roll. and laid upon the table; that the Sen- Mr. VITTER. Mr. President, I ask potential government shutdown on Oc- ate insist on its amendment, request a tober 1. unanimous consent that the order for conference with the House on the dis- the quorum call be rescinded. We still have a window of oppor- agreeing votes of the two Houses, and tunity to reach an agreement before we The PRESIDING OFFICER. Without the Chair be authorized to appoint con- objection, it is so ordered. are in crisis mode. I will tell all of my ferees on the part of the Senate; that MCCARTHY NOMINATION colleagues, it is closing quickly. following the authorization, two mo- Mr. VITTER. Mr. President, I rise to My colleagues should ask their con- tions to instruct conferees be in order speak about the Gina McCarthy nomi- stituents. They are sick and tired of from each side—a motion to instruct nation to head the EPA and in par- hearing about gridlock and partisan- relative to the debt limit and a motion ticular efforts I have led with my Re- ship coming out of Washington, DC. It to instruct relative to taxes and rev- publican colleagues on the Environ- has to end. enue; that there be 2 hours of debate ment and Public Works Committee to This body had a great conversation equally divided between the two lead- bring a whole lot more sunshine and on Monday night in the Old Senate ers or their designees prior to the votes Chamber. Everybody had an oppor- in relation to the motions; further, transparency to EPA—something that tunity to have their say. A group of Re- that no amendments be in order to ei- has been sorely, sorely lacking for a publicans, led by Senator MCCAIN, who ther of the motions prior to the votes; long time and has been a particular are very interested in ending the grid- and all of the above occurring with no problem, really reached new depths in lock, worked together with us to solve intervening action or debate. terms of a problem in the last 4 years. the problem. In fact, I have to say it The PRESIDING OFFICER. Is there When this important nomination first has been very heartening to hear from objection? came up, I focused specifically on these the many Republicans who agree with The Senator from Utah is recognized. important transparency, openness the Democrats that despite our dif- Mr. LEE. Mr. President, reserving issues. ferences—and they are many—we the right to object, in a spirit of bipar- I have disagreed with the Obama ad- should at least—at the very least—sit tisanship, I would like to ask my friend ministration EPA on all sorts of sub- down in a bipartisan conference com- and colleague from Washington to stantive issues, including, for instance, mittee with the House and try to solve make a very simple modification to her to take the most obvious, their war on this problem and get an agreement. request. I am not objecting to a budget. coal. I disagree with both the past Ad- It started with just a few who were I am not even objecting to the idea of ministrator and this nominee, Gina willing to stand up to their leadership, having a conference. I just want the McCarthy, on all of those key sub- but I think we all should know that debt limit left out of the budget con- stantive issues, such as this war on chorus is getting louder. Senator ference. The debt limit is a separate coal, but I specifically chose not to MORAN, for example, said yesterday: ‘‘I issue, one that warrants its own de- focus on that in the nomination. I too hope we can have a budget con- bate, its own discussion, its own legis- knew President Obama won the elec- ference because the process needs to lation. My request is a simple one: no tion. I knew he had a fundamentally work.’’ backroom deals on the debt limit. different view than I do on those key

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We do not transparency with regard to what EPA FOIA requests—how to delay, how to have—and let me be crystal clear about does and why they do it. This has been frustrate, how to obfuscate. It was not this—Republicans on the EPW Com- a battle I have been waging for a long about a particular FOIA request that mittee have not obtained everything time, including on the EPW Com- they may have thought was out of we have asked for or everything we de- mittee. I think this is a crucial issue. bounds or inappropriate, it was just serve with regard to e-mails and com- For a long time, EPA, under multiple about how to frustrate in general. That munications. So we are working with administrations, has lost the con- is completely inappropriate. That is the House committee with subpoena fidence of Congress and the American beyond the bounds of the law. So we power, and we are working closely with people. It used to be, including when talked in great detail to EPA about them, and we are going to get, even if EPA was first founded, in the first dec- how they have to change that, and this it takes using their subpoena power, ade of its existence, that it was viewed basically summarizes the agreements what we deserve. And then both com- as a nonideological group of experts. It we reached: mittees recently put the EPA on notice was viewed as being led by real sci- First, EPA agreed to mandate the re- that they are considering issuing sub- entists and real science—peer-reviewed training of all of their workforce— poenas with regard to just that. expert science—not by ideology, not by 17,000-plus people—to tell them not So this is the category where we have political agendas, not by partisanship. how to frustrate FOIA requests but gotten the least from the EPA with re- Unfortunately, I think EPA—and a lot what FOIA is about, how to live by the gard to our discussions regarding the of Federal agencies, but EPA is perhaps law, how to honor FOIA requests in an Gina McCarthy nomination, but I want the worst example—has gotten far open and timely way. to make very clear, so no one is sur- afield from that, and it is viewed by Secondly, EPA committed to issuing prised, that we are going to get what most Americans, myself included, as new guidance on records maintenance we deserve, including through House led by ideology, motivated by partisan- and the use of personal e-mail ac- subpoenas if it takes that. ship and a political agenda, not sober, counts. One way a lot of folks said EPA The third category I focused on in sound science. clearly was frustrating FOIA requests my discussions with Gina McCarthy That is why we need to get back to is they would do official business on and the EPA is underlying research complete openness and transparency so personal e-mail accounts. So when a data. EPA has done a lot of really im- that we see what EPA is doing, why FOIA request was made, their EPA e- portant rules, rulemaking in the last they are doing it, and try to hold them mails were produced, but lo and behold, several years. In each of those cases accountable so their decisions are the really important stuff, the stuff they based that rulemaking on specific based on objective science, not cherry- they wanted to hide, was on their per- research. One big problem is that the picking science, not partisan science, sonal accounts. That is clearly a pat- world, the public, even including Mem- not what I would call New York Times tern that has been used at EPA and bers of Congress, has not had avail- or tabloid science. other Federal agencies to frustrate ability of that research data so we can Again, those are what all of my key openness and transparency and FOIA. simply sort of compare notes and enlist requests of EPA and the nominee over So EPA is specifically going to issue outside experts to say: Look, does this this Gina McCarthy nomination went new guidance to say that is absolutely data really lead to that rule? Does it to. Over many, many weeks—in fact, illegal, that is absolutely off limits, really lead to that conclusion? months—I went back and forth with and, most importantly, trust but Well, this has been an ongoing argu- Ms. McCarthy and EPA over these very verify, and here is the verify: The inde- ment for a long time. Finally, in the basic, sound, reasonable requests. The pendent EPA inspector general will midst of these discussions related to good news is, although it took a lot of complete an audit about all of this the Gina McCarthy nomination, we back and forth, in each of the five key stuff. have scored a breakthrough. EPA has categories I identified on behalf of all So we are going to put an end to absolutely, categorically committed to of the Republican members of EPW, we FOIA abuse, and we are going to make obtaining the requested scientific in- were able to secure real, meaningful, sure every American has FOIA as a le- formation—that data from the re- and substantial commitments in terms gitimate tool for information, for open- searchers, from the institutions that of moving the ball forward in at least ness, and for transparency, as was in- did the research. They will absolutely four of those categories, and we are tended when Congress passed that law. request that and follow up on that. going to move the ball across the goal The second category I focused on in Secondly, EPA has already reached line in the fifth category as well. So let my discussions with EPA was e-mails out to relevant institutions for infor- me briefly outline those five important and communications—exactly what I mation on how to de-identify and code categories that all relate to openness was talking about before. There has personally identifying information and transparency and where we are been a pattern—and several high-rank- that may be in the data. None of us getting with regard to our agreements ing officials were involved, including want personally identifying informa- with the EPA over the last several Lisa Jackson, the former Adminis- tion. None of us want versions of the weeks. trator—there has been a pattern of data that make it clear who the indi- Request No. 1 had to do with FOIA, using personal e-mail accounts and viduals involved in the studies were. the Freedom of Information Act. As also fake e-mail names, to, in my opin- We do not care about that. We want anybody knows who has followed it in ion, hide important information from the overall data. So EPA is already the news, EPA has really dragged its the public. The clearest example is talking to the institutions about how feet and frustrated a lot of legitimate what I said a minute ago. If you do the to scrub the data so they do not give us FOIA requests by private citizens, by really important business on your per- what we were never interested in—per- States affected, by other stakeholders. sonal account and somebody sends in a sonal identifying information. The Freedom of Information Act was FOIA request and then the agency pro- Third, for the first time we should be designed to put sunshine on the Fed- duces your official e-mails, guess what. able to determine if there is any way of eral Government, to allow everyday The really important stuff is not pro- independently reanalyzing the science citizens—anyone—the ability to get duced. It is hidden. That has to stop. and benefits claims for these major basic, important information from any So we demanded a lot of things in regulations, which are mostly the Federal agency. Yet, as news releases this category. major air regulations on which the and certain incidents have illustrated First of all, the nominee herself—we nominee Gina McCarthy led the way. over the last several years, EPA has asked her to review her personal e-mail So this really is a breakthrough be- really tried to frustrate that process. accounts and report back that she had cause it is a path forward to get the

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Usually the judge is they deserve, having that give-and- justify this regulation? more than willing to do that because it take which is supposed to be there and The fourth category I focused on in gets a big and time-consuming and assured, cleaning up abuses in FOIA, terms of my discussions with the EPA complicated case out of his hands, off cleaning up abuses in private and hid- over the Gina McCarthy nomination is his docket. den and fake e-mail accounts. economic analysis. By law, EPA, like What is the matter with that? Well, Those are abuses that have gone on other Federal agencies, is supposed to what is the matter with that is essen- at EPA for a long time and have been do a cost-benefit analysis before they tially the environmental left and the particularly problematic in the last 5 do a big rulemaking. So part of their EPA are on the same side of the issue. years. Those are the sort of things we rulemaking is supposed to be a cost- They usually agree on the fundamen- are going to fix through these agree- benefit analysis to see if the rule is jus- tals of the issue. The folks truly on the ments. I think that will get us down tified. other side, who often include stake- the road to having a real discussion In my opinion, that cost-benefit anal- holders, landowners, businesses, State about the true facts behind proposed ysis is done in such a way as to be and local government, they never have EPA regulations—the true science, the laughable in some cases, to be ludi- a seat at the table with regard to the true cost and benefits, and not allow- crous. It is designed to reach a par- settlement. ing EPA to do so much that is so im- ticular result, not designed to be an ob- So this is a behind-closed-doors nego- portant behind closed doors without jective cost-benefit analysis. So we tiation, which is one-sided and does not that full and open discussion of the wanted EPA to go back to the drawing include anyone on the true other side true facts. board, do a fair and open-ended cost- of the issue. It does not include land- I think it is an important step for- benefit analysis, not designed to reach owners. It does not include other ward. That is why I agreed, as I prom- a particular conclusion but just de- stakeholders. It does not include State ised to at the beginning of the process, signed to truly, objectively compare and local governments, which are often to vote for cloture on the Gina McCar- cost and benefits. directly affected, which often have thy nomination if we made this impor- As a result of our discussion, EPA their role in some of these matters tant progress. I set that metric. I made has committed to convene an inde- taken away. that commitment at the beginning of pendent panel of economic experts with So we need to make that sue-and-set- the process. I did not think we would experience in whole economy modeling tle process more fair. We need to take get nearly as far as we did in terms of at the macro and micro level. They are the abuse out of it because we dis- commitments out of EPA. But since we going to review EPA’s modeling and cussed this with EPA, and we got the did, since we made all of that sub- the agency’s ability to measure full following important concession. stantive progress, I am certainly going regulatory impacts. First, to help resolve some of the to honor that commitment with regard That is sort of a bunch of gobbledy- challenges with lack of public input in to the cloture vote. I yield the floor. gook, particularly with whole economy closed-door settlement agreements, Mr. HARKIN. Mr. President, today modeling. But that is where we need to otherwise referred to as sue and settle, the Senate is now considering the nom- EPA will publish on two Web sites the do a true cost-benefit analysis, to look ination of Thomas Perez to serve as notices of intent to sue and petitions at all of the macro impacts, all of the Secretary of Labor. It has been a long for rulemaking upon receipt, so at impacts of a rule on the whole econ- road to get here. I am pleased that we least the world out there will know omy, not very narrowly defined—the finally have the opportunity to con- analysis—in order to get to a certain what is going on at the front end. At sider Mr. Perez’s nomination on its conclusion. least the stakeholders, the landowners, merits. A good example is when they are State and local governments, other af- Tom Perez’s life is a story of the doing rulemaking, we need to under- fected parties will know what is going American dream. The child of immi- stand the impact on energy prices on. grants from the Dominican Republic, throughout the entire economy. That Secondly, the Web address for the pe- he lost his father at a young age. He is often a huge impact of their rule- titions for rulemaking are that, and worked very hard at not very glam- making, particularly in their recent air the web address for the notices of in- orous jobs to put himself through rulemaking in the so-called war on tent to sue is that. It is very important Brown University, working at a ware- coal. We need to see how many jobs to know this with regard to potential house as a garbage collector and the that really cost us in the whole econ- sue-and-settle agreements so that af- school dining hall. omy; otherwise, this idea of cost-ben- fected parties can begin to have input. His incredible work ethic helped him efit is not meaningful. They cannot possibly have input if graduate with honors from the Harvard So they have committed to convene they do not even know there is a dis- Law School and the Kennedy School of this independent panel. This panel will cussion going on, and they do not find Government. With such an impressive be tasked with making recommenda- that out until the final result is an- resume, Tom Perez could have done tions to the agency so that the EPA nounced. pretty much anything with those de- does it right; so that it is a significant, Those are the results of our discus- grees and accomplishments. He could objective, meaningful cost-benefit sions with EPA. As I said at the begin- have made a lot of money in the pri- analysis, not just an exercise they have ning, I do not agree with Barack vate sector. But, instead, Mr. Perez to go through and that they have de- Obama or Gina McCarthy’s positions chose to become a public servant. signed to reach a certain result. on most of the big issues at EPA, in- He has dedicated his career to ensur- The fifth and final category on which cluding the war on coal. I do not agree ing that every American has the same I focused in terms of my discussions with their actions that are costing mil- opportunity he had to pursue the with the EPA over the Gina McCarthy lions of jobs around the country, that American dream. From his early years nomination was the so-called sue and are increasing significantly the price of at the Department of Justice, where he settle. Sue and settle is a tool the envi- American energy. But I am not going helped to prosecute racially motivated ronmental left and their allies at EPA to be able to fix that given the last hate crimes and chaired a task force to have used with increasing frequency in election. President Obama was re- prevent worker exploitation, to his the last several years—the last 5 years elected. time at the Maryland Department of in particular. What we attempted to do is talk to Labor, where he helped struggling fam- When the environmental left wants EPA about things that we should be ilies avoid foreclosure and revamped to reach an objective, what they often able to agree on, things that should be the State’s adult education system, do is sue the EPA under environmental beyond dispute, beyond ideology, be- Mr. Perez has demonstrated his unwav- legislation and environmental statutes. yond argument. That is giving the ering commitment to building oppor- So they are the plaintiff; the Obama American people, including their rep- tunity for all Americans.

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It is this commitment to building op- 31⁄2 years in that position, Mr. Perez Rights Act in 2012 than in any previous portunity for all that makes Tom has skillfully and vigorously enforced year ever. The division increased the Perez an ideal choice for Secretary of our Nation’s civil rights laws and has number of human trafficking prosecu- Labor. Of all the executive agencies, it revitalized the Civil Rights Division. tions by 40 percent during the past 4 may be the Department of Labor that As has been documented by numer- years, including a record number of touches the lives of ordinary Ameri- ous inspector general and Office of Pro- cases in 2012. cans the most on a day-to-day basis. fessional Responsibility reports, as The division, since 2009, brought 46 The Department of Labor ensures that well as congressional investigations, cases to protect the employment rights every American receives a fair day’s the Bush administration had decimated of servicemembers, a 39-percent in- pay for a hard day’s work and can come the Civil Rights Division, failed to crease over the previous 4 years of the home from work safely in the evening. properly enforce our most critical civil Bush administration. It helps ensure that a working moth- rights laws, and politicized hiring and Based on his stellar record of er can stay home to bond with her new- decisionmaking. That has changed dra- achievement at the Department of Jus- born child and still have a job to return matically under Mr. Perez. tice alone, Mr. Perez deserves to be to. It helps workers who have been laid As Attorney General Holder has said, confirmed. But despite these accom- off, veterans returning from military Mr. Perez made it clear from the mo- plishments, some of my Republican service, others who face special em- ment he was confirmed that the Civil colleagues have claimed Mr. Perez ployment challenges to build new Rights Division was ‘‘once again open should not be confirmed. In fact, we skills and build opportunities for a life- for business.’’ During Mr. Perez’s ten- had about 40 who voted against Mr. time. ure as head of the Civil Rights Divi- Perez to move to cloture. Now they are It helps guarantee that hard-working sion, he stepped up enforcement of civil trying to say we should not confirm people who have saved all of their lives rights laws and restored integrity and him. for retirement can enjoy their golden professionalism. As the chairman of the committee years with security and peace of mind. I wish to review some of the suc- with oversight jurisdiction, and as As our country continues to move cesses under Mr. Perez’s leadership at chairman of the Appropriations sub- down the road to economic recovery, the Civil Rights Division. committee that funds the Department That division settled the three larg- the work of the Department of Labor of Labor, I can assure you I have est fair lending cases in the history of will become even more critical. The looked carefully into Mr. Perez’s back- the Fair Housing Act. Let me repeat Department will play a vital role in de- ground and record of service. I can as- that—three largest cases in the history termining what kind of recovery we sure everyone that Tom Perez has the of the Fair Housing Act. strongest record possible of profes- have, a recovery that benefits only a As a result, the division in 2012 recov- select few or one that rebuilds a strong sional integrity and that any allega- ered more money for victims under the tions to the contrary are totally un- American middle class where everyone Fair Housing Act than in the previous who works hard and plays by the rules founded. 23 years combined. In total, $660 mil- What is clear is that Tom Perez is can build a better life. lion in monetary relief has been ob- passionate about enforcing civil rights Now more than ever we need a dy- tained in lending settlements. laws and protecting people’s rights. In namic leader at the helm of the De- Later in my remarks I will go over my view, that passion makes him not partment of Labor who will embrace a some of the allegations made by Sen- only qualified but the ideal person to bold vision of shared prosperity and ators on the other side about Mr. be Secretary of Labor. help make that vision a reality for Perez’s handling of another situation I do wish to address some of the spe- American families. I am confident that of the Civil Rights Division that was cific claims we have heard and prob- Tom Perez is up for that challenge. also covered by the Fair Housing Act. ably will continue to hear about Mr. Without question, Tom Perez has the I wish to make this clear, that Mr. Perez. knowledge and experience needed to Perez, as I said, settled the three larg- First, some have harped on the Jus- guide this critically important agency. est fair lending cases in the history of tice Department’s enforcement deci- Throughout his professional experi- the Fair Housing Act. This shows he sion involving the New Black Panther ences and especially during his work as was vigorous in enforcing the Fair Party. I hope my colleagues don’t the secretary of the Maryland Depart- Housing Act. choose to rehash this matter. Mr. Perez ment of Labor, Licensing and Regula- The Civil Rights Division has been had no involvement in this case, zero. tion—that would be Maryland’s equiva- involved in 44 Olmstead matters in 23 Mr. Perez was not at the Department lent of our Secretary of Labor. During States, matters that ensure that people of Justice when the decision con- that time, he has developed strong pol- with disabilities have the choice to live cerning the Black Panthers occurred. icy expertise on the many important in their own homes and communities, The charges were dismissed in May of issues for American workers and busi- rather than only in institutional set- 2009. Mr. Perez was not confirmed until nesses that come before the Depart- tings. These efforts included four set- October of 2009. ment of Labor each day. He also clear- tlement agreements the division has Second, some have questioned sev- ly has the management skills to run a signed with the States of Georgia, eral enforcement actions related to the large Federal agency effectively. Per- Delaware, Virginia, and North Caro- Voting Rights Act and the motor voter haps most importantly, Tom Perez lina. law, most notably in Louisiana, Texas, knows how to bring people together to The Civil Rights Division obtained a and South Carolina. They have pointed make progress on even controversial $16 million settlement, the largest to these cases to claim that Mr. Perez issues. ever, to enforce the Americans With is somehow biased in his enforcement He knows how to hit the ground run- Disabilities Act. Reached in 2011, the of the law. ning, how to quickly and effectively settlement requires 10,000 bank and fi- Again, I hope my colleagues don’t try become an agent of real change. That nancial-related retail offices to ensure to rehash these meritless claims. The is exactly the kind of leadership we access for people with speech or hear- Department of Justice inspector gen- need at the Department of Labor. The ing disabilities. Imagine that, almost eral, an independent inspector general, fact is, Tom Perez is an extraordinary 20 years after the passage of the Ameri- investigated these claims and recently nominee to serve as Secretary of cans With Disabilities Act, we had concluded: ‘‘The decisions that Divi- Labor. I hope the Senate will over- banks and financial offices that were sion or Section leadership made in con- whelmingly confirm him to this vital not making their services available to troversial [voting] cases did not sub- position. people with disabilities. The division stantiate claims of political or racial This is not the first time this body had to go after them and, as I said, ob- bias.’’ has considered Mr. Perez’s qualifica- tained a settlement, $16 million, the The inspector general specifically tions. In October 2009, on a bipartisan largest ever in the history of the Amer- noted that ‘‘allegations of politicized 72-to-22 vote, the Senate confirmed Mr. icans With Disabilities Act. decisionmaking . . . were not substan- Perez to serve as Assistant Attorney The Civil Rights Division handled tiated.’’ Anybody can make allega- General for Civil Rights. In more than more new cases under the Voting tions, but you have to substantiate

VerDate Mar 15 2010 00:36 Jul 18, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.051 S17JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5742 CONGRESSIONAL RECORD — SENATE July 17, 2013 them. The allegations that he was act- to their advantage. There was too cision not to intervene in Newell was ing in a politically motivated or biased much at stake here. made by career attorneys and experts manner were never ever substantiated. The Civil Rights Division, under Mr. on the False Claims Act within the In fact, in the election-related cases Perez, had used, applying disparate im- Civil Division—not by Mr. Perez, who Mr. Perez’s critics have focused on, the pact principle, a standard of law recog- was head of the Civil Rights Division. courts ended up agreeing with the De- nized under the Fair Housing Act by The head of the Civil Division Tony partment of Justice’s conclusions that each of the 11 courts of appeal to ad- West at all times retained the author- the law had been broken. This means dress the issue. They had used this, as ity to make the decision regarding the that some oppose Mr. Perez’s confirma- I mentioned earlier, to reach settle- Newell case. tion precisely because he did his job by ments totaling $644 million against At the time the Supreme Court enforcing newly enacted laws and by lenders who discriminated against po- agreed to hear the Magner case, both pursuing meritorious cases. tential homebuyers in violation of the HUD—Housing and Urban Develop- Is our confirmation process here so Fair Housing Act. As I said earlier, ment—and the Minnesota U.S. Attor- broken that the act, that act of enforc- that is more money for victims under ney’s Office had recommended inter- ing duly enacted laws, becomes the Fair Housing Act than in the pre- vening in the Newell matter. grounds for opposing a nominee? vious 23 years combined. I think it is After learning of the Department of Third, some Republicans assert Mr. very clear that Mr. Perez led his divi- Justice concerns with regard to the Perez masterminded an improper deal sion in applying the disparate impact Magner appeal, the general counsel for whereby the City of St. Paul dropped principle to gain a lot of settlements HUD—Department of Housing and an appeal in a case related to the Fair and to help people who were discrimi- Urban Development—told the House Housing Act in a case called Magner. In nated against. that she reversed her recommendation, return, the Department of Justice de- It was vital to preserve this valuable stating: cided not to intervene in a False enforcement tool. Civil rights leaders, If the decision had been totally mine in Oc- Claims Act brought by a St. Paul resi- as well as Mr. Perez, encouraged the tober, and there weren’t any dealings with dent in another case called the Newell City of St. Paul to withdraw the ap- the Department of Justice that I needed to case. peal. Mr. Perez encouraged the City of worry about in terms of a relationship with During this debate, I expect we will St. Paul not to appeal the case to the the Department of Justice, we never—we hear a lot about the alleged millions of Supreme Court against something en- never would have recommended intervening, dollars Mr. Perez himself personally and if it were my decision whether to inter- tirely appropriate and entirely in the vene or not, I never would have intervened. cost the Federal Government in lost interests of the United States. damages because the government did When Mr. Perez reached out to the At the same time, the person who led not intervene and prevail in the Newell city, the City of St. Paul raised the consideration of the case in the Civil case. Newell matter, another case. This was Division was a very senior career attor- It is clear from all of the investiga- the first time Mr. Perez had heard ney and an expert on the False Claims tions we have done that rather than about the case. At that time the city Act, Mr. Mike Hertz. Although Mr. being the scandal as some Republicans suggested, the City of St. Paul, sug- Hertz has since passed away, colleagues claim, the evidence shows that Mr. gested it would drop its Magner appeal testified that he told them after meet- Perez acted ethically and appropriately if the Department of Justice did not in- ing with the City of St. Paul that Mr. at all times. I wish to go through this tervene in Newell, an unrelated False Hertz said, ‘‘This case sucks,’’ meaning because it is important to set the Claims Act case in which a St. Paul the Newell case. Again, this was the record straight from these kinds of resident, Mr. Newell, had alleged—had view of the Newell matter by Mr. Mike phony allegations that have been made alleged—that the City of St. Paul had Hertz, the leading career expert on the by some here about Mr. Perez. not met its obligation to provide suffi- False Claims Act. The Magner case was a case involving cient minority job-training programs So upon learning that HUD had re- the Fair Housing Act. In 2011, the Su- despite certifying to HUD that it was versed its position, the U.S. Attorney’s preme Court granted certiorari to con- doing so. As I said, it is a little com- Office became concerned about the sider whether that act permits a dis- plicated. ability to proceed with the case. Staff parate impact claim. This is a claim At this point, the evidence further in the U.S. Attorney’s Office told staff challenging actions that are not inten- demonstrates that Mr. Perez acted at the Department of Justice they were tionally discriminatory but, in essence, with the highest integrity and ethics. also likely to change their position on having a discriminatory effect, called After this became known to him, Mr. intervening in the Newell case. the disparate impact claim. Perez consulted two ethics and profes- As the ultimate decisionmaker in the The case involved an unusual set of sional responsibility experts at the De- Newell matter, the head of the Depart- facts. Instead of minorities and low-in- partment of Justice. It was made clear ment of Justice Civil Division, Tony come persons using the Fair Housing to him that because the United States West, told the House: Act to challenge improper lending is a unitary actor, the two matters [B]y early, mid-January, there was a con- practices, zoning laws, or real estate could be considered together as long as sensus that had coalesced in the Civil Divi- practices, as is typical with the case sion that we were going to decline the New- the Civil Division, which deals with ell case. . . . My understanding is that cer- with most Fair Housing Act litigation, False Claims Act matters, retained the tainly was Mike Hertz’ view, it was Joyce this specific case involved slumlords— authority over the Newell case, which Branda’s view, and that represented the view not low-income renters or people being was a false claims matter, not a civil of the branch, U.S. Attorney’s Office. Also, I taken advantage of. This case involved rights matter. think around that time period would be in- slumlords in St. Paul using the Fair A written response Mr. Perez re- cluded in that consensus, it was my view too. Housing Act to challenge the city’s ef- ceived said—this again is from the eth- It was the view of the client agency, HUD. forts to better enforce their housing ics people at the Department of Jus- So what he is saying is, when we codes against those slumlords. tice—‘‘There is no ethics rule impli- looked at this, we found the Newell Let’s look at this case. Lawyers cated by this situation and therefore case was not a very good case. Earlier make strategic judgments all the time no prohibition against your proposed today, it was suggested Mr. Perez tried about which cases should be appealed. course of action’’—your proposed to cover up the fact that the Magner Here it is clear why the Department of course of action, which was to get the appeal played a role in the Depart- Justice had a strong interest in this City of St. Paul to drop its appeal. At ment’s decision not to intervene. This matter. As they have often said, as we all times, Mr. Perez acted appro- is not correct. all learned in law school, bad facts priately within the ethical guidance he Despite indicating that they intended make bad law. The Justice Department received. to change their recommendation, by did not want the Supreme Court to Further, contrary to some Repub- mid-January the U.S. Attorney’s Office consider the viability of the disparate lican claims, Mr. Perez was not respon- formal decision memo recommending impact principle in a case where sible for the Department’s decision not not intervening in the Newell case had slumlords were trying to abuse the law to intervene in Newell. In fact, the de- not been received. Mr. Perez reached

VerDate Mar 15 2010 00:36 Jul 18, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.052 S17JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 17, 2013 CONGRESSIONAL RECORD — SENATE S5743 out to an assistant U.S. attorney, leav- Stephen Gillers, who has taught legal Mr. SESSIONS. Mr. President, ear- ing a voice message suggesting that ethics for more than 30 years at New lier today my colleague Senator RUBIO the Magner case should not be included York University School of Law, wrote, came to the floor to talk about the in that formal recommendation. the Republican report issued last very serious matter of the nomination When he was asked about the voice month suggesting that Mr. Perez acted of Thomas Perez that will be before us. mail, Mr. Perez explained to the House improperly ‘‘cites no professional con- Senator RUBIO specifically addressed his concern was not with the specifics duct rule, no court decision, no bar Mr. Perez’s refusal to comply with a bi- of what was in the memo but rather ethics opinion, and no secondary au- partisan congressional subpoena into was directed at trying to resolve an thority that supports’’ this argument. the investigation of his orchestration issue he thought might be the source of In fact, no authority supports it. of a controversial quid pro quo with the delay. Mr. Perez told the House So you can make all kinds of allega- the City of St. Paul in a very impor- that when he ultimately spoke to the tions, and the House majority report tant legal matter. Senator RUBIO U.S. attorney: made allegations, but they have no talked about that ably and eloquently, [He] promptly corrected me and indicated professional conduct rule, no court de- and it is a very serious matter. that the Magner issue would be part of the cision, no bar ethics opinion, and no I was in the Department of Justice discussion. I said fine, follow the standard secondary authority that supports for a number of years. I am very un- protocols. But my aim and my goal in that their allegation. No authority supports easy about the way that matter was message and in the ensuing conversations it. was to get him to communicate that, so that done. I don’t believe that is normal we could bring the matter to closure. So the confirmation process has been business at all. thorough. Mr. Perez has been thor- In early February, the Civil Division In the course of his tenure, Mr. Perez oughly vetted. He has been fully re- formalized the decision not to inter- has identified approximately 1,200 per- sponsive, forthcoming, and coopera- vene in the Newell case with a written sonal e-mails that were related to his tive, including during a thorough con- memo. Unsurprisingly, that memo was official duties and are responsive to the firmation hearing in my committee, completely transparent and clearly in- subpoena from the House, some of the Health, Education, Labor & Pen- dicates that the Magner appeal was a which reportedly disclosed nonpublic sions Committee. Mr. Perez’s nomina- factor in the decision not to join the information about publicly traded tion was officially received on March Newell matter, but that the decision is companies. Yet he still refuses to turn 19, nearly 5 months ago. In contrast, largely based on the flaws in the New- them over to Congress despite what ap- Ms. Elaine Chao was confirmed as Sec- ell case. pears to be a clear obligation to do so. As Mr. West noted: retary of Labor the very same day her The failure to comply with a subpoena nomination was received in the Sen- [Declining to intervene] was a view we had is a very serious matter. all arrived to having taken into consider- ate—I might add under a Democrat- First, he wants to go for the Depart- ation the numerous factors, including the ically led committee. ment of Justice, which issues sub- Magner case, as really as reflected in our These allegations are simply that— poenas all the time and demands that memo. I think the memo—the declination allegations made of whole cloth. Quite people comply with them. It doesn’t memo that I signed, really does encapsulate frankly, Mr. Perez has acted ethically matter if the subpoena is issued to a what our view was. and appropriately at all times. Perhaps poor person or small business, they are Republicans claim Mr. Perez single- that is why some are opposed to him. expected to comply with the subpoena. handedly cost the United States mil- He has been vigorous in enforcing our Congress has the ability to issue sub- lions of dollars. But the damage award civil rights laws, vigorous in going poenas. A member of the Department received from a losing case is zero— after slum landlords and lending agen- of Justice ought to respond to those zero. According to the Justice Depart- cies that abuse poor people who are subpoenas. In my opinion, he has a ment’s leading expert on the False trying to get decent housing. Yes, he high duty to respond to them. Claims Act, that is likely what the has been vigilant at that—very vigi- I believe the Senate was incorrect in Newell matter was worth—zero. So Re- lant, as I said, getting some of the big- allowing his nomination to go forward publicans say we lost millions of dol- gest settlements ever in the history of to a full vote when we have not gotten lars. How can you lose millions when this division. the information. The failure to vote for the experts say their chances of suc- Perhaps they are afraid Mr. Perez cloture and moving to a vote on a nom- ceeding at it were zero? will be vigilant and strong in his ten- ination is not a rejection of a nomina- When the general counsel of the De- ure as the Secretary of Labor. We can tion. Fundamentally, it is a statement partment of Housing and Urban Devel- only hope so. We can only hope he will to say we are not ready to vote on it opment was asked about HUD’s inter- continue in the tradition set down by yet. We are not ready to have this mat- est in recovering funds from the City of the former Secretary Hilda Solis, who ter before us because we need more in- St. Paul, she said: did an outstanding job as our Secretary formation. He is not answering a sub- As a hypothetical matter, sure. Did we ac- of Labor. A former Member of the poena issued to him by the House of tually think that there was the capability to House of Representatives, Hilda Solis Representatives. do that in this case? No. turned that department around from a To summarize, Mr. Perez consulted department that had been moribund for I will not talk about that anymore, with two ethics and professional re- 8 years. but I think it is a big deal. This is not sponsibility experts. Those experts I can assure everyone that Mr. Perez the first problem Mr. Perez has had in made clear it was appropriate to ad- will always act appropriately and ethi- abusing the legal process. Frankly, I vance a global resolution of the two cally, but he will always act forcefully wish to share some thoughts about cases as long as the Civil Division re- to defend the rights of people to make other issues. I hate to do this. I was tained authority over the Newell mat- sure our laws are enforced—those laws concerned about the nomination when ter, which it did at all times. Senior that protect the health, the education, he came forward. career Civil Division attorneys be- the labor, and the pensions of the Senator TOM COBURN and I met with lieved the Newell case lacked merit, American people. Mr. Perez at some length, and I came and the lack of merit to that case was With that, I yield the floor, and I away uneasy about it. I had a feeling the primary reason for the Civil Divi- suggest the absence of a quorum. his ideological political agenda was so sion’s decision not to intervene. The PRESIDING OFFICER. The strong and his legal commitment was Based on these facts, I do not know clerk will call the roll. not strong enough. I was concerned he what the controversy is. Mr. Perez The assistant legislative clerk pro- would use this position in the Depart- acted appropriately and ethically to ceeded to call the roll. ment of Justice to advance an agenda advance the interests of the United Mr. SESSIONS. Mr. President, I ask rather than enforce the law. I am States. unanimous consent that the order for afraid that is what has happened. It is no surprise that experts in the the quorum call be rescinded. Many of my colleagues will recall legal community have made clear Mr. The PRESIDING OFFICER. Without that on election day in 2008 three mem- Perez acted appropriately. As Professor objection, it is so ordered. bers of the New Black Panther Party

VerDate Mar 15 2010 00:36 Jul 18, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.054 S17JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5744 CONGRESSIONAL RECORD — SENATE July 17, 2013 stood at the entrance of a polling sta- General Holder asking whether the De- In fact, it was not until a Freedom of tion in Philadelphia brandishing night- partment of Justice would fully cooper- Information Act lawsuit filed by Judi- sticks and threatening voters. What ate with the Civil Rights Commission’s cial Watch that the Justice Depart- more intimidation can you have than investigation and allow two Depart- ment finally produced a privileged log that at the voting place? They wore ment attorneys to testify in their in- identifying more than 50 e-mails be- military-style uniforms, combat boots, vestigation. The letter also pointed out tween high-level Justice Department battle dress pants, military-style insig- that the Department failed to turn political appointees and career attor- nia, and used racial slurs and insults to over requested documents. The Com- neys regarding the government’s ‘‘deci- scare away would-be voters. mission asked for requested docu- sion-making process’’ in this case, all One of the men was Jerry Jackson, a ments. They have a right to do that. around the time the Department’s oth- member of Philadelphia’s 14th Ward According to Civil Rights Commis- erwise bewildering decision to drop a Democratic Committee and sioner Peter Kirsanow, in total, the case it had already won by default. credentialed poll watcher for the Civil Rights Division of the Depart- Judge Reggie Walton, an African- Democratic Party on election day. This ment of Justice refused to answer 18 American Federal judge in the U.S. is not acceptable. This is clearly voter separate interrogatories, refused to District Court for the District of Co- intimidation, dramatic voter intimida- provide witness statements for 12 key lumbia stated in his opinion that the tion. witnesses, refused to respond to 22 re- internal documents ‘‘appear to con- A video of the incident was widely quests for production of documents, tradict Assistant Attorney General distributed on the Internet, made na- and refused to produce a privilege log. Perez’s testimony that political leader- tional news and headlines. The Justice This happened in spite of the fact that ship was not involved.’’ Department, under the Bush adminis- the Justice Department has a statu- Let me repeat that. This is a Federal tration, secured an affidavit from tory obligation to fully comply with judge in the District of Columbia who Bartle Bull, a long-time civil rights ac- the U.S. Commission on Civil Rights said the internal documents ‘‘appear to tivist and a former aide to Robert F. and their investigations. Does the De- contradict Assistant Attorney General Kennedy in his 1968 Presidential cam- partment of Justice think they are Perez’s testimony that political leader- paign. Mr. Bull called the conduct ‘‘an above the law? ship was not involved.’’ Indeed it does. outrageous affront to American democ- I spent 15 years in the Department of We have a Federal judge finding this in racy and the rights of voters to partici- Justice. I loved the Department of Jus- his opinion. pate in an election without fear.’’ tice. I never saw some of the things Judge Walton further said, ‘‘Surely None of the defendants in the case that have happened in recent years. I the public has an interest in documents even filed a response to the complaint believe the public needs to know more that cast doubt on the accuracy of gov- against him or appeared in the Federal about it. I will try not to be too crit- ernment officials.’’ He was referring to district court in Philadelphia to an- ical of Attorney General Holder, but I the fact that they weren’t producing swer the lawsuit. Maybe they didn’t am concerned about this. documents and that they ought to—the feel like they had a defense. It ap- Later, two attorneys from the De- public was entitled to have documents peared almost certain that the Justice partment of Justice defied the Depart- that cast doubt on the accuracy of the Department would have prevailed in ment and actually agreed to testify testimony of government officials, and, against the Department’s recommenda- their case. he says, ‘‘representations regarding the According to a May 2009 article in tion before the Commission on Civil possible politicalization of the agency the Washington Times, the Justice De- Rights at considerable risk to their ca- decision-making.’’ Mr. Walton himself at one time was partment had been working on the case reers—J. Christian Adams and Chris- in the Department of Justice. I am sure for months and had already secured a topher Coates. Mr. Coates was the he had to have an opinion of the De- default judgment against the defend- former chief of the voting rights sec- tion. Mr. Adams and Mr. Coates stated partment of Justice. He is not trying ants by April 20, 2009—3 months after that political appointees declined to to abuse them. He is just saying De- President Obama took office. However, prosecute the New Black Panther case partment of Justice officials have an President Obama’s political appointee, because they were interested only in obligation to tell the truth, and if they Mr. Thomas Perrelli, then acting head civil rights cases that involved equal- don’t, they ought to be found out. of the Civil Rights Division, overruled ity for racial and ethnic minorities and The handling of the case was so ex- career prosecutors and voluntarily dis- would not prosecute civil rights cases traordinary that the Justice Depart- missed the charges against two of the in a race-neutral way. ment’s inspector general, appointed by men with no penalty. He obtained an Adams called the actions in the New President Obama, initiated an inves- order against the third member that Black Panther case—this is what the tigation of the matter. The inspector merely prohibited him from bringing a attorney at the Department of Justice general’s report confirmed testimony weapon to the polling place in future said about the case—‘‘the simplest and of Mr. Adams and Mr. Coates and, im- elections, which was already against most obvious violation of federal law’’ portantly, it concluded this: the law. What a sad end of that case, that he had ever seen in his career at Perez’s testimony did not reflect the entire and to me it is unthinkable. the Justice Department. He resigned as story regarding the involvement of political In a 2009 memo, career Appellate a result of the dismissal of the obvi- appointees in the [New Black Panther Party] Chief Diana K. Flynn wrote that the ously justified case. decisionmaking. In particular, Perez’s char- Justice Department could have made a In his sworn testimony before the acterizations omitted that [political ap- ‘‘reasonable argument in favor of de- Commission, Mr. Perez unequivocally pointees] Associate Attorney General fault relief against all defendants, and Perrelli and Deputy Associate Attorney Gen- denied the allegations. Commissioner eral Hirsch were involved in consultations probably should.’’ That is what the ca- Peter Kirsanow asked him: reer attorney said about the matter. about the decision as shown in testimony Was there any political leadership involved and contemporaneous e-mails. Specifically, The Justice Department’s highly un- in the decision not to pursue this particular they set clear outer limits on what [career usual dismissal of the case of dramatic case any further than it was? attorneys] could decide on the . . . matter, voter intimidation was the subject of a The answer by Mr. Perez: (including prohibiting them from dismissing year-long investigation by the U.S. No. The decisions were made by [Justice a case in its entirety) without seeking addi- Commission on Civil Rights. This is an Department career attorneys] Loretta King tional approval from the Office of the Asso- independent commission that is set up in consultation with Steve Rosenbaum who ciate Attorney General. by our government and has appointees is the acting Deputy Assistant Attorney So the Department’s own inspector from both parties and they are focused General. general looked at the matter and con- on ensuring that civil rights are pro- In a recent letter to Members of the cluded Mr. Perez’s testimony that the tected. They were trying to examine Senate regarding Mr. Perez’s nomina- political appointees didn’t have any- how it was this case was handled in tion, Commissioner Kirsanow stated thing to do with it—it was all career this fashion. Mr. Perez’s testimony ‘‘should be a tre- attorneys who decided on the merits On April 1, 2010, Chairman Gerald mendous concern to all Senators re- not to prosecute this case—was not ac- Reynolds sent a letter to Attorney gardless of party.’’ Indeed it should. curate. And he went on to explain why.

VerDate Mar 15 2010 02:27 Jul 18, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.055 S17JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 17, 2013 CONGRESSIONAL RECORD — SENATE S5745 This isn’t a House committee having a He has sued States for implementing them, I think without basis, not to in- hearing on it; this is the inspector gen- voter identification laws—sued the fringe on constitutional rights in en- eral of the Department of Justice, the States for that which has been rejected forcing Alabama’s immigration law. inspector general basically appointed by Federal courts—to intimidate them There is no proof anybody had violated by President Obama and selected by and stop them from saying you have to constitutional rights in enforcing that the Attorney General himself. have an identification of some kind be- law. Mr. Perez actually threatened to Basically, the political appointees fore you are allowed to waltz in and withdraw Federal funding from any of put a fence around the case and said say you are John Jones and you are en- the 156 offices that implement ‘‘the law you can’t take any real action on it titled to vote. What if you are not John in a manner that has the purpose or ef- until we get our approval. Jones? States have passed laws such as fect of discriminating against Latino Continuing to quote: that and the Federal court has rejected or any other community.’’ In his . . . interview, Perez said he did not his view, including a three-judge panel He also warned that the Civil Rights believe that these incidents constituted po- on the U.S. District Court for the Dis- Division is ‘‘loosely monitoring the im- litical appointees being ‘‘involved’’ in the de- trict of Columbia in Washington, in- pact of [the law].’’ cision. cluding Judge Colleen Kollar-Kotelly, On January 20, Mr. Perez met in Tus- Give me a break. who was a Clinton appointee. caloosa with Tuscaloosa County Sheriff We believe these facts evidence ‘‘involve- Mr. Perez’s arguments have been re- Ted Sexton and other high public safe- ment’’ in— buked by courts in Arkansas about the ty officers in the Federal Government Well, let me go back and get this pre- Civil Rights for Institutionalized Per- in Washington, and several other sher- cisely correct. This was the inspector sons Act; in New York in an education iffs around the country. Sheriff Sexton general’s report. The inspector general case, U.S. v. Brennan; in a Florida case told Mr. Perez that he perceived his found: where Perez’s team was abusively pros- letter as a threat in asking whether he In his interview . . . Perez said he did not ecuting peaceful pro-life protesters; should expect any lawsuits against him believe that these incidents constituted po- and in a major loss in court in Florida or any other law enforcement officials. litical appointees being ‘‘involved’’ in the de- when he was trying to force the State Mr. Perez wouldn’t comment. cision. We believe these facts evidence ‘‘in- volvement’’ in the decision by political ap- not to remove noncitizens from the Sheriff Sexton also pressed for exam- pointees within the ordinary meaning of that voter rolls. Apparently, Florida, in his ples of reports of discrimination in Ala- word, and that Perez’s acknowledgment, in mind, was violating civil rights by say- bama that Mr. Perez had purportedly his statements on behalf of the Department, ing nonvoters—noncitizens—shouldn’t received, but he again refused to com- that political appointees were briefed on and be on the voting rolls. ment or provide evidence. According to could have overruled this decision did not Is this who is running the Depart- Sheriff Sexton, a sheriff from Georgia capture the full extent of that involvement. ment of Justice? Is this the philosophy was present and asked another Justice That is what the inspector general they are having in Washington? Department representative who was said. To me, that sounds like a bureau- The Department has filed and is con- present with Mr. Perez whether States cratic way of saying Mr. Perez did not sidering lawsuits against a growing list such as Alabama and Georgia were tell the truth to the inspector general of States that have enacted immigra- ‘‘being penalized for the sins of our during the course of an official inves- tion legislation, including Alabama, grandfathers’’ and the official report- tigation of his conduct. So now we are Arizona, Utah, Indiana, Georgia, and edly responded, ‘‘More than likely.’’ going to promote him. Apparently, South Carolina. Although Mr. Perez I received a letter from Sheriff Huey that is what goes on around here. was not involved in the Department’s Mack of Baldwin County, a fine sheriff True, the original decision to dismiss lawsuit against Alabama—my State— who responded after 9/11 in New York the case predated Mr. Perez’s appoint- he has issued threats and engaged in and did forensic work there, and Sher- ment to the Civil Rights Division. He intimidating tactics against Alabama iff Mack states in opposition to this was not there at that time. That is law enforcement officials who reported nomination: true. But instead of reinstating the to me shock at the nature of those Following the issuance of this letter, sev- case—which would have been the cor- events. eral law enforcement officers met with Mr. rect decision—he became directly in- For example, he took the unprece- Perez in Mobile, Alabama . . . During this volved in and managed—according to dented action of creating a toll-free meeting, Mr. Perez made several false allega- the inspector general—what was, in hotline for people to report allegations tions relating to law enforcement’s handling fact, a coverup of the processes that oc- of discrimination due to Alabama’s im- of Alabama’s Immigration Law. This contin- curred. That in and of itself should dis- migration law, although the Attorney ued for a short period of time during which qualify him for this position. General of Alabama said he will pros- it became evident Mr. Perez was not inter- This is not good, to be found by your ecute anybody who violates people’s ested in the truth, but wanted to rely strict- ly upon his biased and preconceived notions own inspector general in the U.S. De- right to vote. Also, Mr. Strange said, regarding the State of Alabama. Mr. Perez partment of Justice to not respond tell me who has made complaints, that should not be confirmed to any cabinet level truthfully; to have a Federal judge find you say have made complaints, about post. In my opinion, Mr. Perez should be re- that; to have their own inspector gen- not being treated fairly and I will in- lieved of all of his duties as it relates to the eral find that. We are far too blase vestigate it. Mr. Perez said there were U.S. Federal Government and seek employ- about high officials in this government bullying and harassment complaints ment outside of serving the citizens of this not telling the truth. He should not be out there, but when asked to produce Nation. rewarded with a promotion for his some of them he refused to provide the Well, I wasn’t there, but I know Sher- work protecting political appointees in information. Alabama officials have iff Mack and something was wrong for the Department of Justice. been questioned whether reports of him to write such a strong letter. Sher- The inspector general’s report also complaints were, in fact, true. They iff Sexton was in another meeting that confirmed Mr. Perez has overseen most won’t say what they are. he was referring to, a very able sheriff. of the unprecedented racial polariza- In October of 2011, Mr. Perez sent a When Mr. Perez was nominated to tion and politicalization of the Depart- letter to the superintendent of every lead the Civil Rights Division, I had se- ment of Justice Civil Rights Division. school district in Alabama requesting rious concerns about whether he would There has been a lot of turmoil there the names of all students who had work to protect the civil rights of all over the disagreement about what is withdrawn from school and the date, Americans regardless of race, and the right thing to do. There has been a without any apparent authority to do whether he would ensure that the divi- consistent theme of his, which is to ad- so. He just wanted to snoop into that, sion remained free from partisanship vance certain political and ideological I guess. and not be used as a tool to further an agendas, it seems to me. I will explain In December of 2011, he sent a letter agenda or some ideology. what I mean. I want to be fair to him, to all Alabama sheriffs and police de- These concerns had a basis in fact but I am not—I have been around a lot partments that receive Federal funds— from looking at his prior record. That of litigation for a long time and I am many of them through the Department was the concern I had. When he ran for not comfortable with his actions. of Justice where he was—warning the Montgomery County, MD, council,

VerDate Mar 15 2010 00:36 Jul 18, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.058 S17JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5746 CONGRESSIONAL RECORD — SENATE July 17, 2013 he responded to a question asking been confirmed, I hate to say. I do not pion of public health. A lot of people ‘‘What would you like the voters to feel like—and I have to say I do not who rise to lead Federal agencies spend know about?’’ with: ‘‘I am a progres- doubt—that he will continue, if con- the majority of their career here in sive Democrat and always was and al- firmed as the Secretary of Labor, to do Washington, and there is nothing ways will be.’’ Well, that is OK. But all that he can within his power to wrong with that, but there is some- when you get to be in the Department hamstring the enforcement of immi- thing special that comes with some- of Justice, you have to put that aside. gration laws and to advance his polit- body like Gina McCarthy, who started So I asked him about that in our meet- ical agenda. That is what his back- her career as a local public health offi- ings. ground is, that is what he has done, as cial in Canton, MA. She learned public In an April 3, 2005, Washington Post I have documented here. health at the ground level, and she un- article, he was described as ‘‘about as His misleading testimony before the derstood very early on that the govern- liberal as Democrats get.’’ Well, there U.S. Civil Rights Commission, as Mr. ment, working together with the busi- is nothing wrong with that. But you Kirsanow pointed out—the veracity of ness community, can have an enor- have to be able to put it aside if you which was questioned by a U.S. Federal mously positive effect on the health of are going to serve in the U.S. Depart- judge here in the District of Colum- our Nation. ment of Justice. bia—his false statements to the inspec- I support her because she has come As a councilman, he expressed dis- tor general of the Department of Jus- up the right way, through the grass- dain for Republicans, at one point giv- tice—who wrote about it in his anal- roots of America’s public health infra- ing ‘‘a 5-minute speech about how some ysis and report on the incident—his re- structure. I support her because of the conservative Republicans do not care fusal to comply with a congressional great work she did in Connecticut about the poor.’’ Well, that is his opin- subpoena by the House of Representa- when she was, as I mentioned, our Re- ion, but it should not affect his duties tives, and, really, his abysmal record publican-appointed commissioner of as an official in the Department of Jus- at the Department of Justice disquali- the Department of Environmental Pro- tice. fies him, in my view, for this position. From 1995 to 2002, while employed as Frankly, we should not have closed tection. an attorney in the Civil Rights Divi- debate on his nomination and moved it One of the things she did is work sion, he served on the board of CASA forward until we got the information with States all throughout the North- de Maryland. He later became presi- that is out there. What if this informa- east on something called RGGI, which dent of that organization. CASA— tion is produced next month and it is is a voluntary association of States which is actually an acronym for Cen- very incriminating or unacceptable? throughout the Northeast region to try tral American Solidarity Association— Are we then going to ask him to quit? to reduce carbon emissions. is an advocacy organization with some That is not the way you should do busi- There is nothing but success when extreme views, funded in part by ness here. We have hearings. We ask you tell the story of RGGI. She did this George Soros, that opposes enforce- questions of nominees. If they do not under a Republican Governor. There ment of immigration laws. They are answer questions, normally they do not are a number of Republican Governors just flat out there active about it. move to the floor for confirmation. along with Democrats who participated In the Department of Justice, you I think this is a legitimate concern in this plan. But over time, the plan need somebody who favors enforcing that the American people ought to was to reduce carbon emissions from the law, not not enforcing the law. know about. I believe the American northeastern States by 10 percent, What are the prosecutors supposed to people have a right to know all the in- moving toward 2018. Through this do in the Department of Justice? Un- formation about Mr. Perez’s tenure in mechanism, what we have seen is not dermine law or enforce law? When I office, the criticisms of a very serious just a reduction in carbon emissions was in the Department of Justice, we nature that he has received, and the from Connecticut and the States that understood our job was to enforce the fact that he seems to have a strong participate, but a pretty amazing re- law, not make it. bent toward allowing his own ideolog- duction in the amount ratepayers are For example, this CASA de Maryland ical and political views to affect his de- paying. Why? Because through this group issued a pamphlet encouraging cisionmaking process—all of which is rather modest cap-and-trade regime, illegal aliens not to speak to police of- unacceptable for a high position in this we were able to take the money ficers or immigration agents. It pro- government of the United States of gleaned through the system and put it moted day labor sites. That is where il- America. right back into efficiencies so that legal workers go out and get jobs. So I appreciate the Chair’s indulgence ratepayers were paying less, so much they promoted that. It fought restric- and yield the floor. so that the estimates are that con- tions on illegal immigrants receiving The PRESIDING OFFICER. The Sen- sumer bills will be $1.1 billion less be- driver’s licenses. And it supported in- ator from Connecticut. cause of the work Gina McCarthy did. State tuition for illegal immigrants. MCCARTHY NOMINATION It is an average of about $25 off the bill This is the organization he was presi- Mr. MURPHY. Mr. President, I rise of a residential homeowner, and about dent of. today to speak in support of the nomi- $181 off the bill of commercial con- I talked to him about that, and I was nation of Gina McCarthy to be this Na- sumers. not convinced that he could set that tion’s next EPA Administrator. I support her because of what she has aside when he became an official in the Mr. President, you and I know Gina done since she has come to the EPA, Department of Justice who would be McCarthy’s work firsthand because, leading the air quality initiatives at required to enforce those kinds of laws prior to joining the EPA, she was our passed by the Congress and the States. commissioner in the State of Con- the EPA. She has made a huge dif- Mr. Perez has spoken in favor of necticut of the Department of Environ- ference. You take a look at the Mer- measures that would assist illegal mental Protection, where she served cury and Air Toxics Rule alone, and aliens in skirting immigration laws. under a Republican Governor and the estimates are almost hard to com- While a councilman in 2003, he sup- worked with both parties to advance prehend. Mr. President, 11,000 pre- ported the use of the matricula con- the environmental and business inter- mature deaths will be prevented be- sular ID cards issued by Mexico and ests of the State. cause of work she did on that one effort Guatemala as a valid form of identi- So first I want to very briefly share alone; 4,700 heart attacks will be pre- fication for local residents who worked with my colleagues why I support Gina vented because of these toxins dis- and used government services, without McCarthy. But then I, frankly, want to appearing from our air; and maybe having any U.S.-issued documents to talk about why I believe my Repub- most importantly to those of us with prove they are lawfully here. Notably, lican colleagues—who may not be sup- little kids at home, 130,000 asthma at- no major bank in Mexico accepts these portive every single day of the year of tacks will not happen in this country, identification documents. They are not the mission of the EPA—should sup- largely to children, because we will a valid identification document. port her as well. have cleaner air to breathe. Unfortunately, my initial concerns I support Gina McCarthy because for I support Gina McCarthy because of about Mr. Perez’s nomination have her entire career she has been a cham- the work she has done her entire career

VerDate Mar 15 2010 00:36 Jul 18, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.060 S17JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 17, 2013 CONGRESSIONAL RECORD — SENATE S5747 to be a great steward of the environ- no guile with her. While I haven’t always look forward to a swift confirmation ment and a resolute champion of clean agreed with the rules that come out of there, for her to get to work rapidly on the air. there’s never been any guess work about issue that brings me to the floor again But I want to talk for a few minutes what comes out of there. for the 39th time, which is to try to get Gloria Berquist, who is the vice about why I think our Republican col- this body to wake up to the threat of president of the Alliance of Automobile leagues should support her as well. climate change. Manufacturers, says: We had a breakthrough this week on SENATOR MARKEY the issue of how this body will treat at She is a pragmatic policymaker. She has aspirational environmental goals, but she ac- Speaking of Massachusetts, I will least this set of nominees. I think cepts real world economics. also welcome our new Senator from there was agreement between Repub- Charles Warren, who was a top EPA Massachusetts, my New England neigh- licans and Democrats that the Presi- official in the Reagan administration bor ED MARKEY. For decades Ed has dent, of whatever party he or she may and who now represents a lot of people been a passionate leader in Congress on be, should get his or her team in place, in the industry, says: energy and environmental issues. He and that this body should work to has been a true champion on climate make sure that occurs, and maybe with At EPA, as a regulator, you’re also asking people to do the things they don’t want to change. He and I serve as cochairs of the one caveat that there should be a do. But Gina’s made an effort to reach out to the Bicameral Task Force on Climate responsibility of the President to put industries while they’re developing regula- Change, along with our colleagues Rep- people with a pragmatic mind in tions. She has got a good reputation. resentative WAXMAN and Senator charge of agencies that might be ones Even the spokesman for the National CARDIN. So I really look forward to in which there is disagreement here Mining Association—this might come continuing to work alongside now-Sen- over their mission. I might not expect under the category of ‘‘grudging re- ator Markey to forge commonsense so- my Republican colleagues to support spect,’’ but he says: lutions to the crisis of climate change. somebody going to the CFPB or to the She is very knowledgeable. I don’t think CLIMATE CHANGE EPA who is a rigid ideologue. But I anyone is questioning her understanding or think there is agreement that if the ability. She will not be caught off-guard in We need common sense in a place President does choose a pragmatist— any defense of what they have done. I would where the barricade of special interest somebody who is willing to reach out expect her to be well-informed. She just influence has blocked action on cli- across the aisle, who is willing to build doesn’t strike me as an ideologue. mate change and where even the debate coalitions—then this body should sup- This is what the industry says. We itself is polluted—polluted with false- port the President’s team. know the Republicans support her be- hood and fallacy and fantasy. Look no I want to make the case to my Re- cause that is how she got the jobs that further than the Republican response publican colleagues, as they make led to her position at the EPA. But to the announcement last month of their final decision as to how they are even within industry, they recognize President Obama’s national climate ac- going to vote on Gina McCarthy, that that they are going to disagree with tion plan. is exactly who she is. Lots has been her. They are not going to come down The President described in his speech made of the fact that she, with the ex- to the EPA in a parade of support for some of the overwhelming evidence ception of her appointment to the EPA some of the things she may do. But that our planet is changing. The 12 during her tenure under President they acknowledge that she is going to warmest years in recorded history have Obama, has been a Republican ap- listen and that to the extent possible all come in the last 15 years, he said. pointee. It was not just Governor Jodi she is going to work with them. Last year temperatures in some areas Rell, a Republican—who I disagreed I think that is what we want at the of the ocean reached record highs, and with on a lot of things back in Con- EPA. I think that is who Gina McCar- ice in the Arctic sank to its smallest necticut—who appointed her to head up thy will be. I do not think that just be- size on record faster than most models our DEP, but she also, of course, got cause of speculation, I think that be- had predicted it would. These are the her start in the higher ranks of envi- cause as the junior Senator from Con- facts. That is what the President said. ronmental protection from Mitt Rom- necticut, I watched her walk the walk Here in the Senate, the President’s ney in Massachusetts. So she has clear- and talk the talk in Connecticut. I facts were challenged. Those are not ly demonstrated that she is someone know she did it in Massachusetts be- the facts, Mr. President, flatly replied who is able to work across the aisle. cause that is why we picked her in Con- one of my Republican colleagues. It is But what I think Republicans want necticut. I have certainly seen her do it not even true. So let’s look. Where to know is, as she presides over an EPA in her years heading clean air policy at were the facts and where were the that is going to move forward with new the EPA. falsehoods? regulations for proposed powerplants For my friends who want a strong, passionate advocate for clean air, you Well, according to NASA, the Presi- and, we hope, will move ahead with dent had the facts right on warming. new clean air regulations for existing got one in Gina McCarthy. For my friends who want a pragmatist who, Indeed, he may actually have under- powerplants, is she going to do that in stated the severity of global warming. a rigid, arbitrary fashion or is she though they may disagree with her, is going to at least be practical in how In fact, the 13 hottest years on record— going to be willing to listen to industry the red ones—have all occurred in the as well? she implements the policies of this ad- ministration, you have that voice too. last 15 years. The 13 hottest years on I want to give you a couple quotes record have been in the last 15 years. that come from people who work in the Gina McCarthy will be a great pick at I remind my colleagues that NASA is industry, people, frankly, whom I do the EPA. I urge my colleagues to sup- the organization that right now is driv- not agree with, that the President does port her. ing a rover around on Mars. We might not agree with, and, frankly, that Gina I yield the floor. want to consider that these are sci- McCarthy is not going to agree with all The PRESIDING OFFICER. The Sen- entists who know what they are talk- the time, but people who have worked ator from Rhode Island. ing about. with her who have at worst a begrudg- Mr. WHITEHOUSE. Mr. President, it ing respect for the work she has done is a pleasure to see both Senators from As to ocean temperatures—the other and at best, frankly, an admiration. Connecticut here, one speaking and one part of the President’s assertion— William Bumpers, who is a partner at presiding. To reflect on the junior Sen- NOAA says that ‘‘sea surface tempera- a law firm in town and represents pow- ator’s comments about the EPA nomi- tures in the northeast shelf’s large ma- erplants and other industry clients, nee Gina McCarthy, who has not only rine ecosystem during 2012 were the says: worked in Connecticut but in Massa- highest recorded in 150 years.’’ The chusetts, she has surrounded my State President’s facts were right again. This [Gina McCarthy] is one of these avid envi- ronmental program managers who is excep- of Rhode Island. We have had plenty, I chart from the National Snow and Ice tionally competent but practical. My experi- would say, indirect exposure to her. I Data Center at the University of Colo- ence with her in the past four years, I can think she is terrific. I could not agree rado shows, just as the President said, meet with her. She’s very forthright. There’s more with the Senator’s comments. I that ‘‘the 2012 early sea ice melt in the

VerDate Mar 15 2010 02:27 Jul 18, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.061 S17JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5748 CONGRESSIONAL RECORD — SENATE July 17, 2013 Arctic smashed previous records.’’ Fur- But, of course, to the polluters, this rule limiting the regulation of green- thermore, the data center confirms is not about the facts. It is about polit- house gases to only the largest sources that—and I will quote them again— ical power. They bought this clout and such as powerplants, refineries, and ‘‘ice extent has declined faster than the they are going to use it, facts be other large industrial plants while ex- models predicted.’’ damned. empting smaller sources such as res- So in the contest between fact and The Republican response to the taurants, schools, and other small falsehood, the President was com- President’s climate plan even served up buildings. In fact, EPA filed a court pletely accurate on his facts. Facts, as the old climategate fantasy; that is, brief, a signed court brief, a representa- John Adams said, are stubborn, not to the faux scandal in which hacked e- tion to the courts of the United States, be easily brushed aside for convenient mails between climate scientists were that regulating ‘‘every apartment falsehoods. selectively quoted to try to throw building, church and every school,’’ as Falsehoods, fallacies, and fantasies. doubt on years of peer-reviewed re- my colleague put it, is wholly unreal- Let’s go on to a fallacy. My Senate col- search. The scientists, my colleague istic. league warned against accepting what said, ‘‘were exposed for lying about the EPA has fewer than 18,000 employees. he called ‘‘the extreme position of say- science for all those years.’’ Nothing of To add 230,000 new employees, it would ing that carbon dioxide is the cause of the kind is true. None of it. Because of have to increase its workforce by 1,300 climate change or of global warming.’’ the kerfuffle about this, eight groups, percent. Really? He suggested that carbon dioxide can- including the Office of the Inspector If EPA had 230,000 employees, it not be a threat because it is found in General of the U.S. Department of would be equivalent to the 20th largest nature. We exhale it. Well, that is a fal- Commerce and the National Science corporation in the United States. It lacy, an incorrect argument in logic Foundation, reviewed those whipped-up would be larger than General Motors allegations against the researchers and and rhetoric resulting in a lack of va- and Walgreens. In fact, back here on found no evidence of fraud—none. lidity or, more generally, a lack of Earth, this claim has been evaluated It turns out the so-called climategate by PolitiFact when it was made by soundness. That is the definition of a scandal is pure fantasy, but even that other Republicans. Those similar state- ‘‘fallacy.’’ Arsenic is found in nature, fantasy flies in low orbit compared to ments received a rating of ‘‘false.’’ but in the wrong concentration and in the high-flying Republican fantasies I applaud the President for coura- the wrong places, it is nevertheless about what regulating carbon pollution geously taking the lead on protecting still dangerous. And the principle that would do. According to my colleague, the American people and the American carbon dioxide warms the atmosphere putting a price on carbon pollution will economy from the devastating effects dates back to the time of the American cost ‘‘about $3,000 a year for each tax- of carbon pollution on our oceans and Civil War. It is not late-breaking news. payer.’’ There is some history here. our atmosphere. It is sound, solid, established science. This scary misleading number has been I hope my Republican colleagues Quite simply, the position that car- kicked around by Republicans since would consider the differences between bon dioxide is not causing climate 2009. As the colleague noted, the $3,000- the administration’s regulatory ap- change is the extreme one. The over- per-year figure is derived from a 2007 proach and the market-based solutions whelming majority of climate sci- MIT assessment of cap-and-trade pro- we could implement through bipartisan entists—at least 95 percent of them— posals. But there is more. When legislation. I hope they will decide if accept that global climate change is Politifact asked one of the study’s au- they are content to holler from the driven by the carbon pollution caused thors what he thought of the Repub- by our human activity. lican characterization of his work, here back seat about this or whether they We are having a hearing this week on is what he said: are willing to come forward and join with us, put hands on the wheel, and climate change in the Environment It is just wrong. It is wrong in so many and Public Works Committee. Even the ways, it is hard to begin. design commonsense solutions for a very real problem. witnesses invited by the minority to That is the assertion that is being Unfortunately, instead of seizing this that EPW hearing acknowledge the ef- quoted on the Senate floor—one that is opportunity, the other side of this de- fects of carbon on our climate. In a re- wrong, according to the authors, wrong bate can’t let go of the falsehood, the cent interview, minority witness Dr. in so many ways, it is hard to begin. Roy Spencer of the University of Ala- Politifact rates political statements fallacy, and the fantasy. We were to- bama-Huntsville said: generally from true to false, but it re- gether the other night, Monday night, I don’t deny that there’s been warming. In serves a special designation for fan- as a Senate. We joined together, and we fact, I do not even deny that some of the tasies. Politifact, all the way back in went to the Old Senate Chamber to dis- warming is due to mankind. 2009, gave these comments that very cuss a lot of issues related to the fili- In another interview, he said: special designation: ‘‘Pants On Fire.’’ buster and to the Senate. A lot of high- I’m one of those scientists that think add- The fact, according to the non- minded things were said that Monday ing carbon dioxide to the atmosphere should partisan Congressional Budget Office, night, a lot of good things about the cause some amount of warming. The ques- is that the cap-and-trade bill’s actual traditions and the institution of the tion is, how much? costs were modest, about 48 cents per Senate. Another minority witness, Dr. Roger household per day. Further, it is worth Traditions of the Senate worth pre- Pielke of the University of Colorado, noting that these environmental rules, serving include that we don’t traffic in testified before the House Committee such as the Clean Air Act—let’s use falsehoods, fallacies, and in ‘‘pants on on Government Reform back in 2006. that as an example—actually save fire’’ fantasies, that we face even un- Here is what he said: money overall. In the case of the Clean pleasant facts squarely—that is our Human-caused climate change is real and Air Act, it has been documented, $40 job—and that we do our job. We have requires attention by policy makers to both saved for every $1 spent. There is a 40- received credible and convincing warn- mitigation and adaptation—but there is no to-1 return on the cost of the Clean Air ings. We have received compelling calls quick fix; the issue will be with us for dec- Act for the benefit of all of us. to act. The denial position has shown ades and longer. Just as fantastical, our colleagues itself to be nonsense, a sham. It is time These are statements by the wit- claim that new Environmental Protec- to wake up and for us to do the work nesses invited by the Republican side. tion Agency greenhouse gas regula- necessary to hold back, to mitigate, It is simply not credible any longer tions would cover ‘‘every apartment and to adapt for the climate change to just deny climate change. The view building, church, and every school.’’ that our carbon pollution is causing. that carbon emissions have caused cli- Here is another good one: ‘‘ . . . that Yet we sleepwalk in this Chamber. mate change is shared by virtually EPA will need to hire 230,000 additional We sleepwalk in Congress. every major scientific organization, employees and spend an additional $21 It is time to shelve the falsehood, fal- from the American Association for the billion to implement its greenhouse lacy and fantasy and have an honest Advancement of Science, to the Amer- gas regime.’’ discussion about how we are going to ican Geophysical Union, to the Amer- That may be true in fantasyland, but address the very real threat of climate ican Meteorological Society. in reality EPA has specifically issued a change.

VerDate Mar 15 2010 00:36 Jul 18, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.062 S17JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 17, 2013 CONGRESSIONAL RECORD — SENATE S5749 It is time to wake up. ties and Republican majorities, during Obama’s nominees have been facing. I yield the floor, and I suggest the ab- Republican administrations and Demo- This obstruction has serious con- sence of a quorum. cratic ones. Whether in the majority or sequences for the American people. The The PRESIDING OFFICER (Mr. the minority, whether the chairman or harm being done is no more readily ap- HEINRICH). The clerk will call the roll. ranking member of a committee, I parent than with the Republican effort The assistant legislative clerk pro- have always stood for the protection of to shut down the National Labor Rela- ceeded to call the roll. the rights of the minority. Even when tions Board. It was critical that we Mr. WHITEHOUSE. I ask unanimous the minority has voted differently than reach a workable agreement with Sen- consent that the order for the quorum I have or opposed what I have sup- ate Republicans to confirm nominees call be rescinded. ported, I have defended their rights and to the NLRB to ensure it will be able The PRESIDING OFFICER. Without held to my belief that the best tradi- to function—rather than leave it in its objection, it is so ordered. tions of the Senate would win out and current situation of facing a shutdown f that the 100 of us who represent over due to lack of quorum at the end of 310 million Americans would do the next month. Shutting down the NLRB MORNING BUSINESS right thing. would deny justice to American work- Mr. WHITEHOUSE. I ask that the Yet over the last 4 years, Senate Re- ers, stripping them of their right to or- Senate proceed to a period of morning publicans have changed the tradition of ganize and to speak out in favor of fair business, with Senators permitted to the Senate with their escalating ob- wages and decent working conditions speak for up to 10 minutes each. struction, and these actions threaten without fear of retaliation. It would The PRESIDING OFFICER. Without the Senate’s ability to do the work of also prevent employees from creating a objection, it is so ordered. the American people. union, or for that matter, voting to end Instead of trying to work across the f union representation. Without an aisle on efforts to help the American EXECUTIVE NOMINATIONS NLRB, employers will also be hurt be- people at a time of economic chal- cause they will be unable to stop un- lenges, Senate Republicans have relied Mr. LEAHY. Mr. President, yester- lawful activities by unions, including on the unprecedented use of the fili- day was a good day for the Senate. I unlawful strikes. Workers and employ- buster to thwart progress. They have want to praise the majority leader, ers depend on the NLRB, and Senate long since crossed the line from use of who brought the Senate back from the Republicans should allow votes on the the Senate rules to abuse of the rules, brink, and the hard work of Senators President’s nominees so that the Board exploiting them to undermine our abil- from both parties who listened to each can do its job. other during a lengthy discussion. In ity to solve national problems. Last week, some Senate Republicans Filibusters that were once used rare- particular, I thank Senator WICKER for declared that they could never allow a ly have now become a common occur- suggesting Monday night’s bipartisan vote on the NLRB nominees who had rence, with Senate Republicans raising caucus, which allowed for a much need- received recess appointments to those procedural barriers even to considering ed dialogue among all Senators, and positions, because the recess appoint- Senator MCCAIN for his efforts to bring legislation or to voting on the kinds of noncontroversial nominations the Sen- ments have been determined by the DC both sides together. The last time we Circuit to be illegal. However, accord- held a bipartisan caucus meeting, in ate once confirmed regularly and quickly by unanimous consent. The ing to that ruling by the DC Circuit, a April, it was to hear Senator MCCAIN total of 141 of President Bush’s recess discuss his experience as a prisoner of majority leader has been required to file cloture just to ensure that the Sen- appointments were illegal. I do not re- war. In all my time in the Senate, that call any Senate Republicans arguing was a particularly memorable evening ate makes any progress at all to ad- dress our national and economic secu- that those nominees should not be al- for me. It is my hope these kinds of bi- lowed a vote. partisan discussions, like the one we rity, and a supermajority of the Senate is now needed even to allow a vote on Senate Republicans should have con- had Monday night, will lead to better sidered President Obama’s NLRB nomi- communication in the Senate and help basic issues. That is not how the Senate should nees on their own merits, and, even if us work together more effectively so work or has worked. The Senate has a they would ultimately have opposed we can address the problems that tradition of comity, with rules that them, they should have allowed the Americans face. function only with the kind of consent Senate to hold an up-or-down vote. I Until yesterday, Senate Republicans that previously was almost always have no doubt that if considered on had been blocking votes on several im- given. The rules are not designed to en- their own merits the two previously re- portant Executive nominations, includ- courage Senators to obstruct at every cess-appointed NLRB nominees would ing Richard Cordray to be Director of turn. The Senate does not function if have been confirmed and would have the Consumer Financial Protection Bu- an entire caucus takes every oppor- continued to serve the Nation well. reau; Gina McCarthy to be Adminis- tunity to use obscure procedural loop- These filibusters have been damaging trator of the Environmental Protection holes to stand in the way of a vote be- to the Senate and our Nation. When it Agency; Tom Perez to be Secretary of cause they might disagree with the re- comes to Executive nominations, a Labor; and three of the five nominees sult. Without serious steps to curtail President should have wide discretion to the National Labor Relations Board. these abuses, the approach taken dur- to staff his or her administration. Rather than arising from substantive ing the Obama administration by Sen- Our form of representative democ- opposition to these individual nomi- ate Republicans risks turning the rules racy requires a degree of self-restraint nees, this obstruction was a partisan of the Senate into a farce and calls into from all of us for the legislative system attempt to sabotage and eviscerate question the ability of the Senate to to work for the good of the Nation and these agencies which protect con- perform its constitutional functions. for the well-being of the American peo- sumers, the clean air and water that I was hopeful that the agreement ple. I believe that the strong cloture the American people want and deserve, reached earlier this year by the major- and confirmation votes on Richard and American workers. For example, I ity leader and the Republican leader Cordray’s nomination yesterday reflect am unaware of any personal opposition represented a serious step toward re- an acknowledgement of this principle to Richard Cordray, but Senate Repub- storing the Senate’s ability to work for by some Senate Republicans. While licans simply refused even to allow a the American people. I was hopeful this deal leaves in place both the ma- confirmation vote for the director of an that the Republican Senators who jority’s ability to pursue further rules agency that they dislike. His confirma- joined with Senate Democrats in Janu- reform and the minority’s ability to tion last night, 2 years after he was ary would follow through on their com- filibuster executive branch nomina- first nominated, means that the CFPB mitment to curtail the abuse of Senate tions, I hope that neither tool will be is now truly empowered to protect rules and practices that have marred used. If the Senate Republicans who American consumers. the last 4 years. voted with us yesterday to invoke clo- During my 38 years in the Senate, I That is why I was so disappointed by ture on Richard Cordray continue to have served with Democratic majori- the continued obstruction President cooperate and work with us to allow

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