S3702 CONGRESSIONAL RECORD — SENATE May 22, 2013 two Republican Senators bucked the The only explanation their Repub- again. On July 1, interest rates on stu- majority of their party for the good of lican leaders have given for their end- dent loans are set to double, from 3.4 the country. Senators MCCAIN and COL- less obstruction is this: They refuse to percent to 6.8 percent, effectively sock- LINS—two Senators I admire deeply— negotiate unless we agree in advance to ing 7 million students with $1,000 a came to the floor to call on their own let them have their way. Yesterday the year in additional loan costs. In Ne- party to stop blocking bipartisan budg- senior Senator from Arizona and the vada alone this will cost 26,000 students et negotiations. Senator from Maine—both Repub- more than $21 million next year. We JOHN MCCAIN and I came to Congress licans—condemned that. They said it should be removing the obstacles keep- together. In 1982 we were elected. We was hypocrisy. That is my word, not ing young people from getting an edu- spent two terms in the House together, theirs; they can define it any way they cation, not raising more barriers. Rais- and we have been in the Senate to- want. But the point is that they have ing interest rates would put higher gether since then. Over these many been calling for regular order for sev- education even further out of reach for years, more than three decades, JOHN eral years, and now they have the many promising students. MCCAIN and I have disagreed on several chance for regular order and they are Last week Senate Democrats intro- things, but I have never lost my admi- walking away from it. duced a proposal to freeze student loan ration for this patriotic man. He is Senator MCCAIN called the obstruc- rates at current levels for 2 years with- courageous in battle—not only in the tion by his fellow Republicans a little out adding a penny to the deficit. This fights that take place in a war but leg- bizarre. I used that word also to de- is paid for by closing wasteful tax loop- islative battles. I am so appreciative scribe the gridlock here. Senator COL- holes. The legislation being pushed by that he decided the right thing to do LINS agreed that it was ironic at least. House Republicans will take a different was to move forward and see what we That is what she said. The senior Sen- route, sticking it to students instead of could do to get this bipartisan negotia- ator from Maine went on to say: closing loopholes. Rather than invest- tion started. We have called repeatedly for a return to ing in the next generation of American SUSAN COLLINS and I have served to- the regular order in this body. Regular order workers, the House bill would cost stu- gether for a long time in this body. We is going to conference. dents as much as $6,500 more in inter- have worked together on some ex- We agree. We have a progrowth budg- est than the current rates. In fact, tremely important measures. I don’t et that we will proudly defend. House passing the House proposal would be need to run through all these, but there Republicans should be ready to do the worse than doing nothing at all. We are parts of the law of this country same with theirs. I don’t know why my would be better off letting the rates go that would not be law but for her will- Republican colleagues in the Senate up to 6.8 percent than passing the ingness to move forward and move are so afraid of an open conference. The House bill. Passing the House bill or across the aisle. SUSAN COLLINS and I conference committee report will need letting the rates go up to 6.8 percent is disagree on quite a few things, but we both Democratic and Republican votes not the right thing to do. We need to agree on quite a few things. to pass. Do my Senate Republican col- do what we suggest; that is, keep the The people of Arizona are very fortu- leagues not trust their House Repub- interest rates where they are. nate to have JOHN MCCAIN as a Sen- lican colleagues to hold the line on Under the House bill, students would ator, and the people of Maine are fortu- their priorities? pay up to $2,000 more if we allow the nate to have SUSAN COLLINS as a Sen- Congress must set sound, long-term rates to double in July. But Democrats ator. The reason they stepped forward fiscal policy through the regular order know an investment in education is an is because it has now been 60 days—2 of the budget process and through com- investment in our economy, so we will months—since the Senate passed its promise, but Democrats and Repub- keep student rates low and hold back commonsense, progrowth budget. The licans will never find common ground the rising price of education. question everyone raises is, Why are if we never get to the negotiating Last year, after months of obstruc- Republicans standing in the way? Not table. tion, the Republicans eventually con- only are Democrats asking that ques- STUDENT LOANS ceded and helped us achieve that goal. tion, Republicans are asking that ques- On another subject, Congress has After all, it was great election-year tion now. worked hard and compromised often politics for them. This is what Mitt We passed a budget. Senators MCCAIN over the last 4 years in order to reduce Romney said about the effort to keep and COLLINS do not think our budget is the deficit and reverse the trend of ris- loan rates low: ‘‘I fully support the ef- the best. They think they could do a ing debt that began under President fort to extend the low interest rate on better job. But they also understand Bush. That work has paid off. We have student loans.’’ Even my friend the mi- the legislative process—that is, you reduced the deficit by about $2.5 tril- nority leader, MITCH MCCONNELL, said have to work together. Just as the lion. there was not a soul in Washington Gang of 8 did to get the bill on immi- But as our Nation has succeeded in who thought student loan rates should gration to the floor, we need to work setting a course for financial responsi- go up. We agree. But unlike Repub- together to get a budget. The House bility, students across the country licans, we don’t abandon our commit- has passed one. We have passed one. have struggled to do the same. The ris- ment to students just because the elec- Let’s go to conference and work out ing price of higher education puts col- tion is over. Can my Republican col- our differences. lege out of reach for many promising leagues say the same? I hope they still For 60 days Republican leaders have young people, and it saddles those who share our goal of keeping the American objected to a conference with the do get an education with an dream affordable. If they do, there is House of Representatives where we unsustainable debt, a debt that causes an easy way to prove it: work with us could work out our differences between them to delay buying their first home, to quickly pass the proposal to protect our budget and our priorities. The dif- put off having children, or give up the American students. ferences between our budgets are there. goal of starting a business. f We know that, but we need to work to- Today Americans have more than $1 gether on our priorities. The House Re- trillion in student loan debt. There is RECOGNITION OF THE MINORITY publicans and House Democrats need to more student loan debt than credit LEADER come up with what they want, and we card debt, and the average graduate The ACTING PRESIDENT pro tem- will come up with what we want, work- owes more than $25,000 when they get pore. The Republican leader is recog- ing with the Republicans here. That is out of school. I think a college edu- nized. what a conference is all about. In a cation should free young people to f conference it is not just the Democrats achieve their dreams, not saddle them from the Senate on the conference with crushing debt for the rest of their NOMINATIONS committee, Republicans will be on it lives. Mr. MCCONNELL. Mr. President, re- also. And just like in the House, it will College is already unaffordable for cently we have seen troubling signs. not be all Republicans, it will be Demo- too many young people, but if Congress There are some in the executive branch crats also. fails to act soon, that cost will go up who would use the power of the Federal

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.001 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3703 Government to intimidate political op- seats on the NLRB while refusing to another example of the majority manu- ponents. For instance, there were re- send up any of the nominees for the Re- facturing a crisis to justify heavy- ports that the IRS targeted conserv- publican seats. In fact, the administra- handed behavior. ative groups for harassment and dis- tion sat on the Republican nominees to As for the NLRB, Republicans are criminatory treatment because they the NLRB for 9 months. willing to support nominees who are sought to exercise their first amend- Then, with no Republican nominees not unlawfully appointed and who have ment rights of freedom of association to the NLRB before the Senate, the not been unlawfully exercising govern- and speech, and during the debate on President purported to recess appoint mental power. Regarding nominees ObamaCare when the Department of the two Democratic nominees to the generally, Senate Republicans have Health and Human Services issued a Board when their nominations had been willing to work with the Presi- gag order on insurance plans in an at- been before the Senate for less than 3 dent to get his team in place. The Sec- tempt to prevent them from telling weeks. It was so fast the majority lead- retary of Energy was confirmed 97 to 0, their customers about problems with er didn’t even have time to schedule a the Secretary of Interior was con- the bill. hearing. Our Democratic colleagues did firmed 87 to 11, the Secretary of the Now there are published reports that not defend the Senate from the Presi- Treasury was confirmed 71 to 26, the the same department is trying to shake dent’s unprecedented and unconstitu- Director of the Office of Management down some of these same companies for tional power grab. Senate Republicans and Budget was confirmed 96 to 0, and money so it can try to convince Ameri- had to do that. the Secretary of State was confirmed cans to finally like ObamaCare. Now that the DC Circuit has found 94 to 3, just 7 days after the Senate re- Over at the FCC, the President’s al- these purported appointments to be un- ceived his nomination. lies are trying to shut down or make it constitutional—by the way, that was a These continued threats to use the difficult for people who want to buy ad- unanimous three-judge court—and nuclear option point to the majority’s vertising to exercise their first amend- other circuit courts are agreeing with own culture of intimidation in the Sen- ment rights to criticize the administra- its reasoning, what is the Democratic ate. Their view is that we had better tion. There are similar efforts over at majority threatening to do now? It is confirm the people they want when the SEC. It all points to a culture of planning to double down and aid the they want them or they will break the political intimidation. administration with its power grab at rules of the Senate to change the rules Unfortunately, it doesn’t seem the the NLRB. so we can’t stop them. So much for re- culture of intimidation is simply con- Specifically, as with their effort to specting the rights of the minority and fined to the executive branch. The ad- pack the DC circuit, the majority is so much for a meaningful application ministration’s allies in the Senate are threatening to use the nuclear option of advice and consent. trying to intimidate their political op- so they can push through unlawfully Senate Republicans will work with ponents as well. What I am talking appointed board members over the the administration and the Democratic about is the persistent threat by the principled objection of Senate Repub- majority, but we will not be intimi- dated. We have principled objections to majority to break the rules of the Sen- licans. It doesn’t seem that our Demo- some of the President’s nominees and ate in order to change the rules of the cratic colleagues want to respect the constant threats to break the rules are Senate; in other words, to use the nu- rules of the Senate or that they want not going to work. Constant threats to clear option if they don’t get their to respect the rulings of our Federal break the rules are not going to work. way. courts. It appears they want to enable We want to work with the Democrats, For example, Senate Democrats were the President and organized labor to but these tactics are not the way to go incensed that Republicans had the te- exercise power at a powerful Federal about getting our cooperation. merity to exercise their advice and agency without anyone getting in the The majority leader has twice com- consent responsibility to block a grand way. mitted on the Senate floor not to use total of just one nominee to the DC Let’s be clear. These threats to use the nuclear option. The last time was Circuit. What did our Democratic col- the nuclear option because of obstruc- just a few months ago. These were not leagues do in response? They consulted tion are just pretext for a power grab. conditional commitments. They were What are the facts? The Senate has with the White House and pledged to not commitments not to violate the confirmed 19 of the President’s judicial pack the DC court with appointees rules of the Senate unless it became ‘‘one way or another’’—meaning use nominees so far this year. At this point convenient for political purposes to the nuclear option. in President Bush’s second term when violate the rules of the Senate. They are certainly not doing this be- my party controlled the Senate, Presi- The comments of Senators are sup- cause the DC Circuit is burdened with dent Bush had a grand total of four ju- posed to matter. Our words are sup- cases—far from it. The DC Circuit is dicial nominees confirmed. There have posed to mean something around here. one of the least busy courts in the been 19 confirmed so far in the second The commitments of the Senate major- country. They want to use the nuclear term of President Obama with Demo- ity leader need to matter. We simply option to pack the DC Circuit so it can cratic control of the Senate and four in cannot start breaking commitments rubberstamp the President’s big gov- the second term of President Bush with around here, especially on something ernment agenda—the same big govern- a Republican control of the Senate. that goes to the very essence of the ment we have seen over at the IRS and Moreover, Republicans on the Judici- Senate. The majority leader needs to elsewhere. ary Committee just voted unanimously keep his commitments. That is not the limit of the culture of to support the President’s current I indicated to the majority leader I intimidation in the Senate. Let’s look nomination to the DC Circuit. The Sen- was going to ask unanimous consent— at the NLRB situation. Despite the ate Republican conference agreed yes- and I assume he has a copy of it—on story that the administration and Sen- terday to hold an up-or-down vote on the DC Circuit Court nomination that ate Democrats want to spin, Senate his nomination—which has only been the majority leader filed a cloture mo- Republicans did not block the Presi- on the calendar since Monday of this tion on last night. We have already dent’s nominees to the National Labor week—to occur after the Memorial Day stated that we agreed to a debate and a Relations Board; rather, it was the recess. That way Members who do not vote which came out of the committee President who blocked the nominees to serve on the committee, which is a vast unanimously. the Republican slots on the NLRB so majority of the Senate, could have at We confirmed two judicial nomina- he could, once again, pack a powerful least 1 week to evaluate this important tions Monday of this week, and we branch of government, in this case, the nomination. have an additional two scheduled for NLRB. Instead, the majority leader chose to later this week. I have already indi- The administration sat on one of the jam the minority. He rejected our offer cated that confirmations of judges this two Democratic vacancies at the NLRB for an up-or-down vote, just 10 days or year are stunningly fair to the major- for 4 months. Then it waited until the so from now, and filed cloture on the ity compared to a time when President middle of December in 2011 to send up nomination just 1 day after it appeared Bush was in his second term and my both nominees for the Democratic on the executive calendar. This is just party controlled the Senate.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.003 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3704 CONGRESSIONAL RECORD — SENATE May 22, 2013 UNANIMOUS CONSENT REQUEST— President Obama has been trying to mal here, to have a regular process on EXECUTIVE CALENDAR have the people he wants as part of his bills. WRDA is a good example of where 1 Mr. MCCONNELL. Again, I remind team for 4 ⁄2 years. There are multiple we were calling up amendments. Many my colleagues that we confirmed 19 vacancies in this court. It has been re- of them we are getting on without even judges this year. We will have 21 judges ported out unanimously by the com- a motion to proceed, based upon the confirmed by the end of this week. mittee. majority leader’s representation we are Therefore, bearing that in mind, I There is all of this stalling and wait- going to have votes and, by golly, we ask unanimous consent that the clo- ing so that maybe they will be able to have been having votes and, amazingly ture motion filed on Calendar No. 95 be render another couple of opinions over enough, Senators like that. They are vitiated and the Senate proceed to the the next couple weeks and thwart the not marginalized by a process under consideration of this nomination at a law which says there should be 11 peo- which they don’t get to participate. So time on Tuesday, June 4, to be deter- ple on the court. But to pack the court I think we have made an enormous mined by the majority leader after con- with what has been determined the amount of progress. I wish to make sultation with the Republican leader; number of people who should be on sure the majority leader intends to further, I ask that there be 1 hour of that court? Is it right to have a total of keep his word, so we can continue to debate on the nomination equally di- six members of the Circuit Court? Is it have the kind of collegial, constructive vided in the usual form; that at the ex- packing the court because we want to atmosphere we have had this year in piration or yielding back of that time, fill the court as it is called for in the the Senate throughout the balance of the Senate proceed to vote on the con- Constitution? No. We should vote on this Congress. firmation of the nomination with no the nomination of this young man The ACTING PRESIDENT pro tem- intervening action or debate. today so he can go to work and help fill pore. The majority leader. The ACTING PRESIDENT pro tem- one of the four vacancies that has been Mr. REID. We have to work together pore. Is there objection? long standing in that court for 5 or 6 or here, but it is mutual work, it is not Mr. REID. I object. 7 years. all on one side. It is not my word The ACTING PRESIDENT pro tem- Unless there is an agreement, we will versus somebody else’s word. pore. Objection is heard. have a cloture vote at the end of to- In 2005, we had a knockdown, drag- The majority leader. morrow, and if they want to use their out battle here. My friend the Repub- Mr. REID. Mr. President, this good 30 hours, which they are entitled to do lican leader, along with others, gave man, Sri Srinivasan, was first nomi- under the arrangement we made at the speeches on the Senate floor that the nated in June of 2012. He is a brilliant beginning of this year, they can use the process regarding judges wasn’t moving man. He is an honors graduate from 30 hours. But we are going to get this along quickly enough. As a result of Stanford Law School. young man confirmed. It is the right that crisis, in an effort to resolve the Justice Roberts left that court in thing to do and we are going to get him matter, we agreed to put some people 2005. We have been trying to fill spots confirmed as soon as possible. Having on the bench we have regretted since on that court for all of these many waited 345 days, I think he deserves it. then, including Janice Rogers Brown, years—6 or 7 years. The DC Circuit is The ACTING PRESIDENT pro tem- Thomas Griffith, and Brett Kavanaugh, the court that some say is more impor- pore. The Republican leader. but we agreed to that and they are on tant than the Supreme Court. No judge Mr. MCCONNELL. Mr. President, the the court now. We need a balance. has been confirmed in the DC Circuit first time this nominee, who was re- My friend has focused on judicial since 2006. It is an 11-member court es- ported out of committee unanimously, nominations. We have been doing bet- tablished by law, so to have a 7-mem- appeared on the Executive Calendar ter there. But other nominations, not ber court is unfair. We have had one woman, for exam- was 2 days ago. President Obama wait- so. We can talk about all the rights of ple, Caitlin Halligan, a highly qualified ed years before making any nomina- the minority and all that. The Presi- nominee, who has been filibustered tions to the DC Circuit. Then he made dent of the United States, whether it is twice by the Republicans. She was just one—Caitlin Halligan—and this is George Bush or President Obama or nominated to fill the seat of Justice his second nominee to that court. Jeb Bush or Hillary Clinton, whoever it More broadly, the issue is, How has Roberts. might be, deserves the right to have The man we are talking about today the Senate been treating President the people they want to work there and has been nominated to a seat that has Obama? We have confirmed a total of not be held up for months and months been vacant for 5 years. The four seats 190 Obama judicial nominations. We to fill some of these minor posts. I were vacated in 2005, 2008 and have sen- have defeated two. That is 190 to 2. could run through a list of names that ior status by two other judges in the There are 70 percent of the Federal ju- were held up and have been held up for last year or two. His nomination has dicial seats without any nominees—70 a long time. pending for 345 days. That is by far the percent of the vacancies without any My friend the Republican leader said longest wait of any of the judicial nominees. during the squabble we had previously nominations currently awaiting con- Look, this is a manufactured crisis. how he agreed with the fact we should firmation by the full Senate. The core point here, I would say to my change the rules. I am not saying we My friend the Republican leader friend the majority leader: We have a are going to change the rules, but I am talks about Bush’s second term and good relationship. We work together saying we have to do a better job than how he didn’t get many nominations. every day. But the majority leader what is going on around here. This is He didn’t get many nominations at gave his word to the Senate that we no threat. We need to look at the facts. that time because we approved so would determine what the rules are for Look at the facts. many in the first term. It is just the this Congress. A number of my Mem- We are going to continue working to opposite with President Obama. Eight- bers felt it was settled. We voted for try to work through this morass we een Bush circuit court nominees were resolutions and some rules changes at have here. But let’s not focus only on confirmed within 7 days or less after the beginning of the year based upon the judiciary. We have a lot of prob- being reported by the committee. the majority leader’s word. It is impor- lems with regular nominations. We A Republican-controlled Senate filed tant for his word to mean something, haven’t talked about legislation. We cloture on three circuit court judges— not just to his Members but to ours. are doing a little better on that, but a including some real controversial ones, Statistically, it is not true. The perfect example of that is what is going such as, William Pryor and Janice Rog- math can’t be denied. It is simply not on with the budget. People begged ers Brown. Cloture was filed in less true that we have been mistreating the around here, yelled and screamed and than 1 week. President in any way with regard to fought, for regular order. They get it There has been a stall going on in the the confirmation process. With regard and then they don’t want it. Senate for years. It doesn’t take a to the way the Senate itself is working, I am convinced we need to move for- mathematician to figure it out. We are the majority leader has been actually ward. I think one of the things we being held up on nominations and leg- quite complimentary, and I give him should do with something that has islation. credit for helping us to get back to nor- been reported out of the committee 18

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.004 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE