S672 CONGRESSIONAL RECORD — SENATE February 13, 2013 those superqualified folks all the time automatically becomes a U.S. citizen. The Senator from . and then, all too often, we send them Virtually no other country in the Ms. COLLINS. Mr. President, I am back to their native countries and world has this rule. This reform would delighted to rise in strong support of don’t allow them to remain here to get simply amend U.S. law to have the the confirmation of William Kayatta of on a pathway to citizenship and to con- same basic rule as virtually every Maine to serve on the U.S. Court of Ap- tribute, as they would, to our economy. other country in the world I am aware peals for the First Circuit. A child tax credit law. This would of. A person doesn’t automatically be- Mr. Kayatta was originally nomi- amend the IRS Code to simply put in come a citizen just because they are nated to this position more than 1 year place significant identification require- physically born here; at least one par- ago. He was approved by the Judiciary ments for the child tax credit to re- ent has to have that legal status. Committee on a bipartisan vote last quire taxpayers to provide that valid Finally, US-VISIT reform, finally, April. Unfortunately, despite his excep- ID, to cut out what is admitted to be after decades of promises, after decades tional qualifications, his nomination rampant fraud in the system. The IRS of broken promises, to require that the was stalled by election-year politics. itself and its inspector general office US-VISIT system—the biometric bor- That is finally behind us, and I am have said there is at least $1.3 billion of der check-in/check-out system first re- pleased the President renominated Mr. fraud a year in the child tax credit. quired in 1996 that is well past its im- Kayatta in January. These checks from the taxpayer, actual plementation date of 2005—be finished, I wish to thank the chairman of the checks going out to illegal recipients be done, be fully in place before any of Judiciary Committee, my colleague who do not qualify under the law, in these other triggered aspects of so- from Vermont Senator LEAHY; the some cases, dozens, allegedly, at a sin- called comprehensive reform happen. ranking member Senator GRASSLEY; gle address, a single family, are clearly On that reform, I am proud to be joined and, indeed, all the members of the Senate Judiciary Committee for acting fraud. We must meet some basic re- by Senator SESSIONS and Senator LEE quirements to cut out that fraud. The as coauthors. promptly and positively in favor of Mr. IRS itself, under this administration, Again, I am introducing these six Kayatta’s renomination. Let me also express my gratitude to has asked for those tools. We should bills today. I am also an original co- the two leaders, Senator REID and Sen- give them those tools under this child sponsor of Senator GRASSLEY’s E- ator MCCONNELL, for moving his nomi- tax credit legislation. Verify bill, a seventh bill. I think this nation so quickly to the Senate floor. Sanctuary cities reform would pro- is a targeted, step-by-step approach Mr. Kayatta is an attorney of excep- which is the right alternative to so- hibit appropriated funds from being tional intelligence, extensive experi- called comprehensive reform, which used in contravention of the Illegal Im- ence, and demonstrated integrity. I migration Reform and Immigrant Re- historically means immediate amnesty cannot tell you how highly regarded he sponsibility Act of 1986. I am joined by married to promises of enforcement is in Maine’s legal circles. In fact, if Senator GRASSLEY and Senator FISCH- that never happen, that never fully ma- you ask virtually any attorney, judge, ER in that legislation. terialize. prosecutor, law professor or anyone in- Too many jurisdictions in the United I urge my colleagues to look hard at volved in the legal profession in Maine, these measures and hopefully support States are self-proclaimed sanctuary they will tell you the President could some or all of them. I urge them even cities. By doing that, they are in con- not have made a better choice than Bill more to go back home and listen to travention of Federal immigration law Kayatta. He graduated magna cum when they say they will not cooperate their constituents, to listen hard at the laude from both Amherst College and in the enforcement of that law in any neighborhood coffee shop and the town- Harvard University Law School, where way. That is unacceptable, and those hall meetings, because I think these he served as a member of the Law Re- cities should not get appropriated sorts of concerns, as Senator SESSIONS view. funds. and I have expressed today, are the After graduating from law school, E-Verify I mentioned is an initiative core concerns, the core questions of a Mr. Kayatta clerked for the chief judge and legislation by Senator GRASSLEY. I great majority of the American people. of the U.S. Court of Appeals for the am proud to join him as a coauthor. I Thank you, Madam President. I sug- First Circuit, Frank Coffin. It is a won- am an original cosponsor of that bill. It gest the absence of a quorum. derful symmetry that he now, assum- would take the present E-Verify sys- The PRESIDING OFFICER. The ing the confirmation goes well this tem and make it mandatory and ex- clerk will call the roll. afternoon, will be joining the court for The assistant legislative clerk pro- pand it so that is our workforce system which he clerked many years ago. of enforcement. E-Verify works. The ceeded to call the roll. In 1980, he joined the prestigious law Ms. COLLINS. I ask unanimous con- problem is it is a pilot. It is not manda- firm of Pierce Atwood in Portland, ME, sent that the order for the quorum call tory and it is not broad enough. We where over the subsequent 32 years Bill need to broaden and make mandatory be rescinded. The PRESIDING OFFICER. Without specialized in complex civil litigation that workable E-Verify system. at both the trial and appellate levels. objection, it is so ordered. The Voter Integrity Protection Act Bill Kayatta has served as chairman of would amend the INA to make voting f both the Maine Professional Ethics in a Federal election by an alien who is EXECUTIVE SESSION Commission, the Maine Board of Bar unlawfully in the United States an ag- Examiners, and as president of the gravated felony, which makes it a de- Maine Bar Association. portable offense. If a person is illegally NOMINATION OF WILLIAM J. In 2002, Mr. Kayatta was inducted participating in our elections, that is a KAYATTA, JR., TO BE UNITED into the American College of Trial serious offense to any democracy. That STATES CIRCUIT JUDGE FOR Lawyers, and in 2010 he was elected by should be a deportable offense. THE FIRST CIRCUIT his peers to the college’s board of re- The Birthright Citizenship Act would The PRESIDING OFFICER (Mr. gents. also amend the law to consider a per- HEINRICH). Under the previous order, Mr. Kayatta has simultaneously son born in the United States ‘‘subject the Senate will proceed to executive maintained a very substantial pro bono to the jurisdiction’’ of the United session and consider the following practice. In the year 2010, he received States for citizenship only if the person nomination, which the clerk will re- the Maine Bar Foundation’s Howard H. is born through at least one parent who port. Dana Award for career-long pro bono is a U.S. citizen or national or a lawful The bill clerk read the nomination of service on behalf of low-income permanent resident alien in the United William J. Kayatta, Jr., of Maine, to be Mainers. States or an alien performing active United States Circuit Judge for the In 2011, the U.S. Supreme Court ap- service in the U.S. Armed Forces. First Circuit. pointed him as a special master in Kan- Right now it is, in my opinion, an acci- The PRESIDING OFFICER. Under sas v. Nebraska and Colorado, an origi- dent of history and a mistake that any the previous order, there will be 30 nal water rights case. That too is an child physically born here, even of two minutes of debate equally divided and indication of the Court’s confidence in parents here illegally and improperly, controlled in the usual form. Mr. Kayatta’s legal abilities.

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.019 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S673 Finally, Mr. Kayatta has earned the their track record and their pattern such tactics are bad for the Senate, American Bar Association’s highest over the last 4 years. Senate Repub- they are also bad for our Nation’s over- rating: ‘‘unanimously well-qualified,’’ licans used to insist that the filibus- burdened courts. Persistent vacancies reflecting the ABA’s assessment of his tering of judicial nominations was un- force fewer judges to take on growing credentials, experience, and tempera- constitutional. The Constitution has caseloads, and make it harder for ment. not changed, but as soon as President Americans to have access to justice. Mr. Kayatta’s impressive background Obama was elected they reversed While they have delayed and ob- makes him eminently qualified for a course and filibustered President structed, the number of judicial vacan- seat on the First Circuit. His 30-plus Obama’s very first judicial nomination. cies has remained historically high and years of real-world litigation experi- Judge of was a it has become more difficult for our ence would bring a valuable perspec- widely-respected 15-year veteran of the courts to provide speedy, quality jus- tive to the court. Federal bench nominated to the Sev- tice for the American people. There are The First Circuit has only six au- enth Circuit and was supported by Sen- today 90 judicial vacancies across the thorized judgeships, the fewest of any ator Dick Lugar, the longest-serving country. By way of contrast, that is circuit. It acutely feels any vacancy Republican in the Senate. They de- more than double the number of vacan- that arises. The First Circuit has not layed his confirmation for 7 months. cies that existed at this point in the been at full strength since January 1, Senate Republicans then proceeded to Bush administration. The 173 circuit 2012, when Judge took ac- obstruct and delay just about every and district judges that we have been tive senior status. Now the circuit’s circuit court nominee of this Presi- able to confirm over the last 4 years caseload must be distributed among dent, filibustering 10 of them. They de- fall more than 30 short of the total for just five judges who continue to do layed confirmation of Judge Albert President Bush’s first term. their best to provide the timely and Diaz of North Carolina to the Fourth Over the last 4 years, Senate Repub- licans have chosen to depart dramati- measured justice for which the First Circuit for 11 months. They delayed cally from Senate traditions in their Circuit has long been known. confirmation of Judge Jane Stranch of The State of Maine is very proud of Tennessee to the Sixth Circuit for 10 efforts to delay and obstruct President Obama’s judicial nominations. Until its history of providing superb jurists months. They delayed confirmation of 2009, Senators who filibustered circuit to the Federal bench. I am confident Judge Ray Lohier of New York to the court nominees generally had reasons William Kayatta will continue in that Second Circuit for 7 months. They de- to do so, and were willing to explain fine tradition, and I urge my colleagues layed confirmation of Judge Scott Matheson of Utah to the Tenth Circuit those reasons. When Senate Democrats to join me in voting for his confirma- filibustered President Bush’s con- and Judge James Wynn, Jr. of North tion, a vote that is long overdue but troversial circuit court nominees, it Carolina to the Fourth Circuit for 6 has finally arrived. was over substantive concerns about months. They delayed confirmation of Again, I wish to thank the chairman the nominees’ records and Republicans’ Judge Andre Davis of Maryland to the of the Judiciary Committee, the rank- disregard for the rights of Democratic Fourth Circuit, Judge Henry Floyd of ing member, and the two leaders, Sen- Senators. On the other hand, Senate ator REID and Senator MCCONNELL, for South Carolina to the Fourth Circuit, Republicans have filibustered and de- moving this important nomination to Judge of West Vir- layed nearly all of President Obama’s the Senate floor. ginia to the Fourth Circuit, and Judge circuit court nominees even when The PRESIDING OFFICER. The Sen- of California to the those nominees have the support of ator from Vermont. Ninth Circuit for 5 months. They de- their Republican home State Senators. Mr. LEAHY. Mr. President, I thank layed confirmation of Judge Adalberto At the end of each calendar year, the senior Senator from Maine for her Jordan of Florida to the Eleventh Cir- Senate Republicans now deliberately kind words, and I would note both for cuit, Judge Beverly Martin of Georgia refuse to vote on several judicial nomi- William Kayatta and for the people of to the Eleventh Circuit, Judge Mary nees who could and should be con- Maine she has fought long and hard for Murguia of Arizona to the Ninth Cir- firmed in order to consume additional this nomination. She did last year and cuit, Judge Bernice Donald of Ten- time the following year confirming she has this year. I am glad we are nessee to the Sixth Circuit, Judge Bar- these nominees. At the end of 2009, going to be finally voting on it because bara Keenan of Virginia to the Fourth they left 10 nominations on the Execu- every time I would meet her anywhere Circuit, Judge Thomas Vanaskie of tive Calendar without a vote. Two of in the halls or anywhere else it would to the Third Circuit, those nominations were returned to be: What about Kayatta? She knows he, Judge Joseph Greenaway of New Jersey the President, and it subsequently took of course, had my strong support, as to the Third Circuit, Judge 9 months for the Senate to take action did another New Englander, former of New York to the Second Circuit, and on the other eight. This resulted in the Justice and now judge, David Souter. I Judge Chris Droney of Connecticut to lowest 1-year confirmation total in at am sorry it has taken so long. the Second Circuit for 4 months. They least 35 years. For the next 2 years, I look at a nominee like this, where delayed confirmation of Judge Paul Senate Republicans left 19 nominations the senior Senator from Maine, Ms. Watford of California to the Ninth Cir- on the Senate executive calendar at COLLINS, her former colleague, Senator cuit, Judge Andrew Hurwitz of Arizona the end of each year. It then took near- Snowe, and now her current colleague, to the Ninth Circuit, Judge Morgan ly half the following year for the Sen- Senator KING, have all supported this Christen of Alaska to the Ninth Cir- ate to confirm these nominees. Last person from Maine. In the past, espe- cuit, Judge Stephen Higginson of Lou- year they insisted on leaving 11 judi- cially with somebody extraordinarily isiana to the Fifth Circuit, Judge Ge- cial nominees without action and an- well qualified, as he is, a nomination rard Lynch of New York to the Second other four have had hearings but they like that would be out of the com- Circuit, Judge Susan Carney of Con- refused to expedite their consideration. mittee and off the floor within a week. necticut to the Second Circuit, and William Kayatta is one of those judi- We have to go back to those times. Judge Kathleen O’Malley of Ohio to the cial nominees who should have been If we have a contentious nominee, if Federal Circuit for 3 months. confirmed last year. we have somebody who needs to be de- The nonpartisan Congressional Re- Until 2009, when a judicial nominee bated, let’s debate them. But when we search Service has reported that the had been reported by the Judiciary have a person strongly supported by median time circuit nominees have had Committee with bipartisan support, their home State Senators and who has to wait before a Senate vote has sky- they were generally confirmed quickly. the advantage of being highly qualified rocketed from 18 days for President Until 2009, we observed regular order, by anybody’s standards—Republican, Bush’s nominees to 132 days for Presi- usually confirmed nominees promptly, Democrat, or anybody else—then they dent Obama’s. This is the result of Re- and we cleared the Senate Executive ought to get a vote. publican obstruction. Calendar before long recesses. Until It makes no sense for Senate Repub- This obstruction is also why a dam- 2009, if a nominee was filibustered, it licans to have stalled nominations like agingly high level of judicial vacancies was almost always because of a sub- that of William Kayatta, but this is has persisted for over 4 years. While stantive issue with the nominee’s

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.026 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S674 CONGRESSIONAL RECORD — SENATE February 13, 2013 record. We know what has happened I commend President Obama for career in private practice in the Port- since 2009. The median district nomina- nominating such a diverse group of land, ME, law firm Pierce Atwood LLP, tion is stalled 4.3 times as long as it qualified judges. In his first 4 years, where he is currently a partner. Over took to confirm them during the Bush President Obama has appointed as his career, he has personally argued administration, and the median circuit many women judges as President Bush over three dozen appeals, including two court nomination is stalled 7.3 times as did during his entire 8 years in office. before the United States Supreme long as it took to confirm them during In just 4 years, President Obama has Court. He graduated magna cum laude the Bush administration. Nor has any also nominated more African Ameri- from Harvard Law School, where he other President’s judicial nominees had cans, more Asian Americans, and more served on the . to wait an average of over 100 days for openly gay Americans than his prede- Upon graduation, he clerked for Chief a Senate vote after being reported by cessor did in 8 years. Americans can be Judge Frank Coffin on the U.S. Court the Judiciary Committee. proud of President Obama’s efforts to of Appeals for the First Circuit, the Senate Republicans have also forced increase diversity in the Federal judi- court to which he is nominated. the majority leader to file cloture on 30 ciary and to ensure that it better re- William Kayatta has held a promi- nominees, which is already more than flects all Americans. nent leadership role in numerous pro- 50 percent more nominees than had clo- I hope that this year and over the fessional organizations, including serv- ture filed during President Bush’s 8 coming 4 years, Senate Republicans ing as the lead investigator for the years in office. Almost all of these 30 will end their misguided and harmful American Bar Association Standing nominations were noncontroversial and obstruction and work with us in a bi- Committee of the Federal Judiciary were ultimately confirmed overwhelm- partisan manner to do what is right for during its review of Justice Kagan’s ingly. Barely 80 percent of President the country. President Obama has nomination to the Supreme Court. He Obama’s judicial nominees were con- nominated qualified, mainstream law- was also appointed by the U.S. Su- firmed during his first 4 years com- yers, and the Senate should consider preme Court to serve as Special Master pared to almost 90 percent of President them in regular order, without unnec- in an interstate dispute, where he was George W. Bush’s first term nominees. essary delays. That is what we had charged with managing proceedings While this is not even close to a full done for as long as I have served in the and submitting a report and rec- account of the precedents broken in Senate, whether the nominations came ommendation to the Court. The ABA’s the last 4 years, the record is clear: from a Democratic or a Republican Standing Committee on the Federal Senate Republicans have engaged in an president. We should work together to Judiciary unanimously rated Mr. unprecedented effort to obstruct Presi- restore and uphold the best traditions Kayatta well qualified to serve on the dent Obama’s judicial nominations. of the Senate. First Circuit, its highest possible rat- Pretending it has not taken place is an Last Thursday, the Senate Judiciary ing. insult to the American people. The Committee reported three judicial While it is good that William American people know better. Chief nominees, William Kayatta, Robert Kayatta will finally receive a vote Justice Roberts, in his year-end Report Bacharach, and Richard Taranto. They today, it is also well past time for the on the Federal Judiciary in 2010 point- are all superbly qualified, consensus Senate to vote on Robert Bacharach ed to the ‘‘[P]ersistent problem [that] nominees. All have received the high- and Richard Taranto. Perpetuating these vacancies on the Tenth and Fed- has developed in the process of filling est possible rating of unanimously well eral Circuits, and preventing Judge judicial vacancies . . . This has created qualified from the ABA’s Standing Bacharach and Mr. Taranto from get- acute difficulties for some judicial dis- Committee on the Federal Judiciary, ting to work on behalf of the American tricts. Sitting judges in those districts and with last Thursday’s Judiciary people, does not benefit anyone. The have been burdened with extraordinary Committee votes, all have twice now Judiciary Committee has again done caseloads . . . There remains, however, received overwhelming, bipartisan sup- its work to vet, consider, and vote on an urgent need for the political port from members of the Judiciary these nominations. It is time that the branches to find a long-term solution Committee from both sides of the aisle. other two circuit nominees who were to this recurring problem.’’ Despite bi- All have something else in common renominated and considered again by partisan calls to address the judicial too: Their nominations were stalled be- the Judiciary Committee and again re- vacancy crisis, Senate Republicans fore the Senate for at least 7 months ported to the Senate, be given an up- have continued their obstruction of ju- last year without a vote. That is why or-down vote. dicial confirmations. they each had to be re-nominated by The Senate could confirm all three Today, the Senate is finally being al- the President this year. nominees this week. In June 2005, the lowed to vote on one of the nominees This is sadly typical of how Senate Senate confirmed four circuit court held over from last year. Judicial va- Republicans have treated President nominees of a Republican President in cancies right now stand at 90. And I Obama’s consensus judicial nominees. just 2 days, including highly controver- mention that because during President Even nominees who are supported by sial nominees such as Janice Rogers Bush’s entire second term—the 4 years Republican home state Senators and by Brown to the D.C. Circuit and William from 2004 through 2008—the vacancies all the Republican members of the Ju- Pryor to the Eleventh Circuit. In July never exceeded 60. I worked very hard diciary Committee are stalled for 2006, the Senate confirmed Bobby Shep- to keep the vacancies down, but since months for no good reason. They are herd to the Eighth Circuit, Neil President Obama’s first full month in delaying votes on all nominees, includ- Gorsuch and of the office, as far as we can see, there have ing nominees they support. This is un- Tenth Circuit within 1 week. There is never been fewer than 60 vacancies, and precedented. ample recent precedent for confirming for much of that time many, many For example, Senator COBURN said Judge Bacharach and Richard Taranto more. This is a prescription for over- that ‘‘[Judge Bacharach] has no opposi- without further delay. Neither is con- burdened courts and a Federal justice tion in the Senate. . . . There’s no rea- troversial. system that does not serve the inter- son why he shouldn’t be confirmed.’’ William Kayatta is strongly sup- ests of the American people. It means That was before Senator COBURN joined ported by both of Maine’s Senators, Re- people who come to our courts looking a filibuster against voting on his nomi- publican Senator SUSAN COLLINS and for impartial justice can’t get it be- nation last year. Last year’s filibuster Independent Senator ANGUS KING. cause there are no judges. of the Bacharach nomination was the When George W. Bush was President, This is hurting the integrity of the first time in the history of the Senate Senate Democrats worked quickly to judicial system. I hear this from judges that a circuit nominee reported with hold votes on consensus circuit nomi- nominated by Republican Presidents bipartisan support had been success- nees. According to the nonpartisan and those nominated by Democratic fully filibustered. When I say unprece- Congressional Research Service, half of Presidents. They say these delays po- dented, I mean unprecedented. President Bush’s circuit nominees re- liticize the courts and destroy the im- I am glad that William Kayatta is fi- ceived a confirmation vote within just partiality the Federal courts have to nally getting a vote. The nominee 18 days of being reported by the Judici- have. spent the entirety of his 32-year legal ary Committee. Not a single one of

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.033 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S675 President Obama’s circuit nominees Flake Klobuchar Reid that fought and won World War II and has received a vote so quickly. In fact, Franken Landrieu Roberts then came home and made America the Gillibrand Lautenberg Rockefeller the median wait time for President Graham Leahy Sanders world’s greatest superpower. Among Obama’s circuit nominees is more than Grassley Lee Schatz the greatest in that generation was seven times that for President Bush’s Hagan Levin Schumer Chuck Yeager. Harkin Manchin circuit nominees. Shaheen Today is Chuck’s 90th birthday, and I Hatch McCain Stabenow Heinrich McCaskill invite the entire Senate to join me in This continued obstruction is one of Tester Heitkamp Menendez the reasons we remain so far behind Thune congratulating him. I am so proud of Heller Merkley this man. Not only is he a native son of the pace set during President Bush’s Hirono Mikulski Toomey time in office. By February of Presi- Hoeven Moran Udall (CO) but he is also a dear dent Bush’s fifth year, the Senate had Isakson Murkowski Udall (NM) friend of mine. Chuck lives in Cali- Warner confirmed 205 of his circuit and district Johanns Murphy fornia now, with his wife Victoria, but Johnson (SD) Murray Warren nominees, and judicial vacancies stood Johnson (WI) Nelson Whitehouse he still comes to West Virginia to hunt at 40. In contrast, just 173 of President Kaine Portman Wicker with me and roam the hills where he Obama’s circuit and district nominees King Pryor Wyden grew up. have been confirmed, and the vacancy Kirk Reed He also visits the State from time to rate has risen again to 90, or more than NAYS—12 time to promote the foundation which 10 percent of the Federal bench. Judi- Blunt McConnell Scott bears his name, and which supports a cial vacancies are nearly back at his- Boozman Paul Sessions scholarship program at Marshall Uni- Coburn Risch Shelby versity. torically high levels. Inhofe Rubio Vitter Perpetuating these vacancies on the When I was Governor, Chuck and Vic- The nomination was confirmed. Tenth and Federal Circuits, and pre- toria would sometimes visit Gayle and The PRESIDING OFFICER. Under venting Judge Bacharach and Richard me at the Governor’s Mansion. Some of the previous order, the motion to re- Taranto from getting to work on behalf you know I am a pilot, and during one consider is considered made and laid of the American people, does not ben- of his visits to West Virginia I got him upon the table. The President will be efit anyone. The Judiciary Committee to join me on a flight. We were trying immediately notified of the Senate’s has again done its work to vet, con- out a new airplane for the State. It was action. sider, and vote on these nominations. a real honor, but it was a little bit It is time for the Senate to act to con- f daunting, if you will, that I am flying firm them. LEGISLATIVE SESSION left seat and Chuck is right behind me, evaluating the entire flight. Looking I will speak more on nominations as The PRESIDING OFFICER. The Sen- over my shoulder, having the greatest we go along, but I do want to congratu- ate will resume legislative session. late not only the senior Senator from The Senator from Washington. pilot who ever lived sitting there, was something I will never forget. Maine but also Senator KING and the f people of Maine, and the people of the Some of the story of Chuck’s life you First Circuit. The circuit needs to have MORNING BUSINESS probably know and some of it you may its vacancies filled, and I am glad we Mrs. MURRAY. Mr. President, I ask not. Chuck grew up in the small town have such a good person. unanimous consent the Senate proceed of Hamlin. That is in Lincoln County, Mr. President, I yield the floor, and I to a period of morning business with WV, so deep in an Appalachian holler suggest the absence of a quorum. Senators permitted to speak for up to that folks there used to say you had to The PRESIDING OFFICER. The 10 minutes each. pump in the sunshine. His father Al- clerk will call the roll. The PRESIDING OFFICER. Without bert Hal worked as a driller in the gas- The bill clerk proceeded to call the objection, it is so ordered. fields. His mother Susie Mae took care roll. Mrs. MURRAY. I suggest the absence of Chuck, his two brothers, and two sis- Mr. LEAHY. Mr. President, I ask of a quorum. ters. unanimous consent that the order for The PRESIDING OFFICER. The Chuck and his father went hunting the quorum call be rescinded. clerk will call the roll. and fishing together. Chuck also The PRESIDING OFFICER. Without The bill clerk proceeded to call the worked with his father in the oilfields. objection, it is so ordered. roll. He was fascinated by the drilling equip- Mr. LEAHY. Mr. President, I yield Mr. MANCHIN. Mr. President, I ask ment. He liked cars—real fast cars. He back all time on both sides. unanimous consent the order for the especially liked his old man’s Chevy The PRESIDING OFFICER. Hearing quorum call be rescinded. truck. He not only drove it, he studied no objection, it is so ordered. The PRESIDING OFFICER. Without all of its mechanical details. He could All time having been yielded back, objection, it is so ordered. basically take it apart and rebuild it. Looking back, it is not surprising the question is, Will the Senate advise f that in the middle of World War II, a and consent to the nomination of Wil- TRIBUTE TO GENERAL CHUCK patriotic kid from West Virginia who liam J. Kayatta, Jr., of Maine, to be YEAGER was good with rifles, mechanical equip- U.S. circuit judge for the First Circuit? Mr. MANCHIN. Mr. President, few ment, and fast cars enlisted in the U.S. Mr. LEAHY. I ask for the yeas and Americans have helped this great coun- Air Force as an airplane mechanic—his nays. try reach for the stars more than Gen. first step toward becoming the single The PRESIDING OFFICER. Is there a Chuck Yeager. Long before there were greatest pilot who has ever lived. sufficient second? There appears to be astronauts there was Chuck Yeager, a A new ‘‘flying sergeants’’ program a sufficient second. The clerk will call fearless test pilot, a true aviation pio- eventually gave him his first chance to the roll. neer paving the way for America’s ex- fly. Up until that time it was officers The bill clerk called the roll. ploration of the galaxy. But Chuck only. His first couple training flights The result was announced—yeas 88, Yeager’s military career involved so didn’t go so well. Some people might nays 12, as follows: much more than just testing cutting- not know this, but he had to overcome [Rollcall Vote No. 20 Ex.] edge aircraft and, as almost everyone airsickness. Can you believe that YEAS—88 knows, becoming the first man to fly Chuck Yeager got airsick? Before long Alexander Burr Corker faster than the speed of sound. Few he found a new home in the sky in the Ayotte Cantwell Cornyn Americans have been as unwavering or cockpit of an airplane. Baldwin Cardin Cowan Barrasso Carper Crapo as relentless as Chuck Yeager in de- During World War II, Chuck flew nu- Baucus Casey Cruz fense of this great country, in war and merous combat missions over Europe Begich Chambliss Donnelly in peace, from World War II to Viet- and shot down 13 enemy aircraft—5 in 1 Bennet Coats Durbin nam. mission. He was shot down over Ger- Blumenthal Cochran Enzi Boxer Collins Feinstein He was part of the ‘‘greatest genera- man-occupied France in 1944 but es- Brown Coons Fischer tion’’ of Americans, the generation caped capture to fly another day. But

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