S2984 CONGRESSIONAL RECORD — SENATE May 14, 2014 law enforcement officers across Ken- were forced to endure extremely long but tainting that promise of our com- tucky and the Nation. We are grateful wait times and, in some cases, they mitment to the next generation of our so many have come to town for Na- were denied those cancer screenings al- military servicemembers and veterans. tional Police Week. together. He said, as a result, up to The generation that is now preparing We recognize theirs as both an honor- ‘‘15,000 patients [veterans all] who to embark for places such as West able profession and a dangerous one. should have gotten colonoscopies ei- Point, Annapolis, and Colorado We recognize that what they do is vi- ther did not get them or were examined Springs—these young people should be tally necessary to maintain peace and only after long and needless delays.’’ given not just a promise but an iron- order in a civil society. Dr. Krugman believes that some of clad commitment that after serving f these veterans actually died as a result our Nation with honor and courage of the lack of cancer screening and ad- they will get the support they have RESERVATION OF LEADER TIME dressing their symptoms. earned and they deserve. The ACTING PRESIDENT pro tem- He also told the Examiner that ‘‘an Anything less is just not acceptable. pore. Under the previous order, the office secretary deleted about 1,800 or- I yield the floor. leadership time is reserved. ders for medical tests or other services The ACTING PRESIDENT pro tem- pore. The Senator from Oregon. f to eliminate a backlog that threatened a certification inspection from an out- EXPIRE ACT HIRE MORE HEROES ACT OF 2014— side group.’’ Mr. WYDEN. Mr. President, the Sen- MOTION TO PROCEED Sadly, these allegations fit within a ate is now debating the EXPIRE Act. The ACTING PRESIDENT pro tem- larger pattern of VA abuses. At VA This is bipartisan legislation. I again pore. Under the previous order, the clinics across the country, reports have thank the distinguished Senator from Senate will resume consideration of been made that staffers and adminis- Utah Mr. HATCH. He has been so con- the motion to proceed to H.R. 3474, trators have failed to provide veterans structive in trying to build a bipar- which the clerk will report. with reliable access to medical care tisan piece of legislation, a bill that The assistant legislative clerk read and have fraudulently concealed long came out of the Senate Finance Com- as follows: wait times. Given all these examples, mittee several weeks ago with very substantial bipartisan support. Motion to proceed to Calendar No. 332, they are not just an individual data It really is designed to deal with a H.R. 3474, to amend the Internal Revenue point, but in connecting these data Code of 1986 to allow employers to exempt points it appears that the problems number of tax provisions that are tem- porary in nature and it, in effect, ex- employees with health coverage under with the Veterans Administration are tends those temporary tax provisions TRICARE or the Veterans Administration systemic. from being taken into account for purposes What we have is nothing less than a until the end of 2015. In consultation of the employer mandate under the Patient with the distinguished Senator from Protection and Affordable Care Act. betrayal, a betrayal of our Nation’s veterans, and a betrayal of the Amer- Utah, I thought it was important to The ACTING PRESIDENT pro tem- ican people, all of whom deserve to call this bill the EXPIRE Act. It was important because this legislation ac- pore. The Republican whip. know the truth about what their gov- tually does expire after 2 years. DEPARTMENT OF VETERANS AFFAIRS ernment is or is not doing to support Mr. CORNYN. Mr. President, it pains It, in effect, says—and I said—on my our American heroes. Of course, we watch as chair of the Senate Finance me to say that almost every day brings have heard in Phoenix that this be- a new story of reported scandals and a Committee there will not be another trayal has had tragic consequences, extenders bill. It is not going to happen long list of failures and abuses within with an estimated up to 40 people dying the Department of Veterans Affairs. on my watch. This is it. after lingering on a secret waiting In effect, by extending these impor- The latest scandals are particularly list—never receiving the treatment tant provisions now for one last time, painful to me because they emanate that they were entitled to. the Congress can give itself and the Fi- from Texas, and we have a proud tradi- We still don’t know exactly how nance Committee—on a bipartisan tion of being a State that contributes a many veterans have died or otherwise basis—the space that is needed to take large number of uniformed military have suffered because of the VA’s as- on the challenge of comprehensive tax members from our State—and, of sorted failures and abuses, but we do reform. course, we have a huge population of know that it is disgraceful and unac- It is not going to be easy, but it is ab- veterans, people who have worn the ceptable for even one veteran to need- solutely imperative for the future of uniform of the United States proudly, lessly die or suffer because of bureau- the American economy. I know it can sacrificed so much, and risked it all. cratic malfeasance. The evidence of be done. I know we can get Senators of But just like the scandals in Fort Col- such malfeasance is now growing, of both political parties together and lins, CO; Phoenix, AZ; Pittsburgh, PA; course. The only questions are: How build a bipartisan tax reform plan. I and in other cities, the ones in Austin, can we get our veterans the care and know this because I have—and other San Antonio, Harlingen, and Waco are support they need in the fastest pos- Senators do as well—a fair amount of evidence of a callous disregard for the sible way; and what is the best way to sweat equity in this cause. health and well-being of America’s he- restore genuine accountability and Our former colleague Senator Gregg roes. genuine safeguards within the VA sys- of New Hampshire sat next to me on a The new information comes from a tem? sofa for more than 2 years to build pair of whistleblowers. The first one, a Whenever I think about the ongoing what still is the only bipartisan Senate VA scheduling clerk named Brian Tur- VA scandals and the broader set of comprehensive tax reform bill in the ner, told the Austin American-States- challenges facing America’s veterans, I last 30 years. With Senator Gregg’s re- man that his supervisors at the VA fa- think of an annual tradition that we tirement, to their credit, Senator cilities in Austin, San Antonio, and have in Texas. Every year on Memorial COATS and Senator BEGICH pitched in. Waco were directing him to falsify ap- Day I host young Texans who are being So we know that there has already pointment data in hopes of covering up sent off to their service academies. been a lot of bipartisan work on com- the problem of long wait times. These are inspiring young men and prehensive tax reform and, suffice it to Meanwhile, the former associate women. Anyone who is feeling a little say, again building on this bipartisan chief of staff at the Harlingen VA bit uncertain about our Nation’s future lineage. My colleague from Utah, the Health Care Center, a man by the name needs to meet these young men and senior Senator Mr. HATCH, and Ambas- of Dr. Richard Krugman, has gone pub- women who go to our service acad- sador Baucus and Chairman CAMP in lic with a series of disturbing allega- emies. They are the best of the best the other body, have also put in years tions, according to the Washington Ex- and are an inspiration to me. of work and laid a strong foundation aminer, which interviewed Dr. This is a wonderful event and easily for tax reform. Krugman. Veterans seeking routine one of the highlights of my year. Yet I So once the Senate passes the EX- colonoscopies—cancer screening, in can’t think of how badly the VA is fail- PIRE Act, the job of the Finance Com- other words—at the Harlingen center ing not only our current generation mittee will be to focus in a kind of

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2985 laser-like fashion on a bipartisan plan This is National Small Business The research and development credit that is going to give all Americans the Week, and this legislation in particular is critically important to the future of opportunity to get ahead. goes to great lengths to make it at- innovation in our country. Apropos I want to emphasize that. If I were to tractive for small businesses and par- again of the bipartisan theme we have sum up my philosophy about tax re- ticularly for small businesses that taken in the Finance Committee, with form, I want everybody in America to would like to hire new workers. the support of the ranking minority have the opportunity to get ahead—all Today we know there are nearly 10 member, the distinguished Senator our small businesses, all our Americans million Americans out of work, and from Utah, there has been some very who are trying to deal with an extraor- they are looking for jobs. The unem- good work done by the Senator from dinarily challenging economy. ployment rate in my home State is 6.9 Kansas, Mr. ROBERTS, and Senator Frankly, that would be my first percent, which is well above the na- SCHUMER. I wish to commend them for choice, to be out here working on com- tional average. their efforts to spotlight the need to do prehensive tax reform. But it was clear I think we would all agree that our more to reconfigure the research and to me, with Chairman Baucus going to highest priority should be to help peo- development credit to help small busi- China as our Ambassador, that it ple find jobs, and the EXPIRE Act is an nesses. wasn’t going to be possible in a few opportunity to do that, particularly The reality of course is what is the short months to pass comprehensive with respect to what it does for our common thread between so many of small businesses. tax reform. our most successful companies—Intel Let me outline a few of those provi- I made the judgment—I will share it and Apple, Amazon and Microsoft, and with the Senate again today, and I sions—again, temporary in nature—so that we can do even more on a perma- a host of others. They all started as in- brought it up yesterday—that the fail- novative small businesses with their ure to act on these temporary provi- nent basis for growing our economy and making it attractive for our small eyes trained on developing the future. sions, which are what the EXPIRE Act The EXPIRE Act is a step toward a is all about, would cause further unnec- businesses to hire new workers. In the EXPIRE Act is the Work Op- stronger, permanent research and de- essary, really gratuitous harm to velopment credit that will help even American workers, to our small busi- portunity Tax Credit, which encour- ages employers to recruit, hire, and re- more entrepreneurs in our country nesses, to our ability to compete in grow their best ideas into successful tough global markets. The EXPIRE tain individuals who often have had trouble finding jobs. The EXPIRE Act businesses. Act is all about preventing a tax in- In the meantime, we all know small crease. We would clearly have a tax in- extends and expands this legislation in a few key ways so that the credit can businesses in my home State of Oregon crease absent the EXPIRE Act, and it and across the country still suffer from would be in areas of the economy that help small businesses hire an even greater number of struggling Ameri- the recession. They feel the effects of would be particularly damaging. sluggish growth pretty much like ev- For example, it would really be a tax cans. First, it would do more to help the eryone else. In a stronger economy, on innovation because right at the cen- long-term unemployed find work. healthy small businesses might have ter of these temporary provisions—pro- These are those hard-hit Americans decided to turn higher profits into in- visions that under this bill will last who are deeply at risk of falling be- vestments aimed at expansion. The re- only until the end of 2015, and then tween the cracks. search and development credit—par- they will expire—they are not just Second, the new approach will pre- ticularly the improved research and de- meant to expire, they actually expire serve the credit for veterans returning velopment credit—is going to help a lot at the end of 2015. But if we don’t take from overseas whom we have seen of Americans, but we do want to place action to ensure that innovation has packing—literally packing—job fairs in a special focus on our small businesses an opportunity to flourish, what will cities across the country in search of because helping them to make capital happen is we will, in effect, have a tax work. Picture that. The veterans who investments in new machinery, vehi- on those very jobs that are most im- have worn the uniform of the United cles or computers is absolutely crit- portant for our middle class—to grow States and served all of us so admi- ical. wages, to encourage the kind of eco- rably come back and can’t find work, nomic multiplier that is so good for Again, the EXPIRE Act steps in to and they are coming out in throngs to begin to address that effort in a our economy. So we ought to pass the these job fairs around the country. EXPIRE Act so as not to have a tax in- thoughtful manner. The legislation al- This bill will help them. lows small businesses to expense up to crease on innovation. Small businesses that employee mili- We ought to pass the EXPIRE Act to $500,000 of equipment costs right away, tary reservists also currently get a and it indexes that dollar amount to not make it tougher for a company to wage credit when their employees get hire a veteran, which I think is also inflation so it grows in the future. It is called to Active Duty. Not only will what I think a number of Members hugely important. I will talk about it the EXPIRE Act increase that credit, know as section 179 expensing. If the in a couple of minutes in further detail. it will open the credit to employers of Congress were to fail to pass the EX- Another one that I know a lot of Sen- all sizes to improve job security for PIRE Act, that limit would fall from ators are going to hear about this week even more reservists. is what would happen—absent this I mentioned the research and devel- one-half million dollars to just $25,000. bill—to millions of Americans who are opment credit, which of course encour- The legislation also continues to sim- underwater on their mortgages. These ages innovation in firms of all sizes. plify recordkeeping—all of the redtape are hardworking middle Americans For many of them, having a strong re- we have heard small businesses, con- who now are deeply underwater. Their search and development credit is sim- cerned about section 179, talk with us lenders are willing to work out ar- ply imperative, but the reality is the about. The legislation continues to rangements to lower their debt in a current credit isn’t doing all it might simplify those procedures so small number of instances. But absent this do to help small businesses, and com- businesses can focus on their own bill, instead of getting their heads plicated rules that are buried in the growth instead of redtape. above water, what we will see is a tax Tax Code may erase any benefits they A lot of small businesses have prop- increase on those homeowners that see. The EXPIRE Act will change that erty that has lost value over time. really drives them back down and in- in several key ways. To start, it will Those small businesses can claim a de- creasingly sinking under all of this expand the pool of small businesses duction to compensate for it. The EX- debt. Absent this bill, middle class peo- that benefit. It will also allow startups PIRE Act extends a key provision that ple would be paying a tax on phantom to use the research and development allows small businesses to expense up income. I mean, they are not really credit to help pay their employees’ sal- to half the cost of that property up- getting any net income. When their aries, and it will build a bridge to tax front in the first year rather than lender works with them to relieve their reform so Congress can do more work spreading it out over a longer period. debt, they surely shouldn’t have to pay to improve the credit further and make Both of these tax incentives, section a hefty new tax. This bill does that. it permanent. 179 expensing and bonus depreciation,

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2986 CONGRESSIONAL RECORD — SENATE May 14, 2014 are powerful tools to encourage invest- break the gridlock on tax reform. If we As I leave the floor—I touched on it ment. They are lifelines for small busi- look, in effect, from this day, essen- while he wasn’t here—I am particularly nesses looking to grow, and the EX- tially May of 2014, until certainly the pleased about the Roberts-Schumer ad- PIRE Act protects them also. middle of 2015, there is an ideal oppor- dition to help more small businesses be Next, I would like to touch on the en- tunity, an ideal window for Democrats part of those innovation jobs for the fu- ergy sector, which I know the distin- and Republicans in the Senate to build ture because what Senator ROBERTS guished presiding officer has a great in- a bipartisan coalition to pass that into and Senator SCHUMER did is to take terest in. Obviously, small energy busi- law—comprehensive tax reform—and to that credit and do more to move it to- nesses play a major role in the future work with our colleagues on the other ward an approach that will help those of the American economy, building a side of the Capitol who have similar in- small businesses, the ones starting in lower carbon future, and the EXPIRE terests. I know that because I have garages and all across the country Act is going to protect the incentives talked to a number of them in recent where individuals are betting on the fu- those businesses rely on to grow. months. ture and taking the risks. It is going to I will start briefly with the produc- I want colleagues on both sides of the be easier for them because of the good tion tax credit. The wind energy indus- aisle to know we are going to focus on work done by Senator ROBERTS and try, which benefits from the production getting these extenders passed now. Senator SCHUMER. It is another reason tax credit, supports more than 50,000 Speed is important because the longer for colleagues to vote for the EXPIRE jobs. Many wind companies are small, we wait, the more we damage, for ex- Act. and they require lots of capital and ample, our ability to create those inno- With that, I yield the floor. planning to bring them to market. vation jobs because, in effect, we are The PRESIDING OFFICER (Ms. Their story illustrates what is impor- going to have a tax increase on innova- HEITKAMP). The Senator from New tant to end the cycle of stop-and-go tax tion, making it harder to hire veterans York. policies that make our Tax Code, and the tax hike middle-class people ORDER OF PROCEDURE again, needlessly—as some would say, would get, in effect, because they are Mr. SCHUMER. I ask unanimous con- almost insanely—complicated and un- underwater on their mortgages and sent that the Republicans control the certain. Growth in wind energy has lev- they got a break from their lender. We time from 3 until 3:45 and the majority eled off over the last 2 years, largely have to get that done. It is my intent control the time from 3:45 until 4:30 because of the expiration and late re- to use every single day as we go for- p.m. The PRESIDING OFFICER. Without newal of provisions such as the produc- ward with that effort to make sure the objection, it is so ordered. tion tax credit. extenders pass and pass quickly, then Mr. SCHUMER. Madam President, The EXPIRE Act also extends provi- move on to comprehensive bipartisan first let me thank my colleague from sions to encourage the provision of tax reform. I know we can do it. Oregon, our new shining chairman of other alternative renewable fuels— He is not here today, but my col- the Finance Committee, who is doing league Mr. COATS, the senior Senator fuels such as biodiesel, cellulosic eth- such a great job. He is trying, in his from Indiana, has done very good anol, liquefied natural gas, and lique- own inimitable way—almost always work—stepped in when Senator Gregg fied hydrogen. There are small busi- successful way—to weave together nesses across the country that stand to retired—and has more than met me ideas of Democrats and Republicans to gain if the EXPIRE Act is passed, and halfway. I particularly want to com- create a bipartisan solution, first on there are incentives to create jobs in mend Senator BEGICH, who has been the issue of extenders—and that will be those areas, but our country is going to part of our bipartisan coalition and the big test case, and he knows it—and lose out if the Senate fails to act. who has had very thoughtful ideas, par- second on tax reform in general. If we Our small businesses ought to be able ticularly on protecting the middle- can’t pass these tax extenders in a bi- to plan for the future, to chart a class small business incentives for sav- partisan way, it will not bode well for course, in effect, from youth through ings. He is a small businessperson him- tax reform. I am hopeful, with the ini- maturity. Stop-and-go tax policies self. tial signs and the overwhelming vote only make that more difficult. Even I have been out here probably 20 min- yesterday, we can get that vote done. when well-intentioned, productive tax utes or so, and I haven’t said anything As the Senator mentioned, it has incentives go into the code, allowing that isn’t about Democrats and Repub- many ideas from different parts of the them to expire over and over under- licans coming together, coming to- country—ideas from Democrats, ideas mines their effectiveness and the abil- gether first to pass the extender legis- from Republicans, ideas, as he was kind ity of our businesses to have the cer- lation and then to use every single day enough to mention, that we worked on tainty needed to grow for the long over essentially the next year and a together, such as the proposal Senator term. Our taxpayers, small businesses half—that window until the summer of ROBERTS and I put together under the included—and we recognize them espe- 2015—to put together a bipartisan plan guidance of Senator COONS, who was cially this week—deserve predict- that can help grow the economy. the originator of the idea. ability and certainty. I will close with this. After the bipar- I thank my friend from Arizona. I The EXPIRE Act is called the EX- tisan effort in 1986, where a big group know he has some important words to PIRE Act for a reason. It is going to of progressive Democrats and conserv- speak in the next few minutes and has end after 2 years. I have heard my col- ative Republicans came together, our let me go now. I appreciate that very leagues on the other side of the aisle country created 6.2 million new jobs much. I know everyone looks forward over the last day make a number of over the next 2 years. Nobody can to hearing from him. very thoughtful comments about the claim every one of those jobs was due IMMIGRATION need for comprehensive tax reform, and to tax reform; that simply would be It is apropos my colleague from Ari- I wish to tell my colleagues, particu- stretching things, but clearly it helped. zona is on the floor because we worked larly on the other side of the aisle, that The business people I talk to now in together for so long and hard—at least with respect to the need for com- Oregon and others who come to Wash- in the Senate—successfully on this prehensive tax reform, they pretty ington say they very much want the issue of immigration. So I rise today to much have me at hello. We are going to same certainty and predictability that continue a conversation I started 2 get this extender bill passed, and then was seen in 1986, in terms of being able weeks ago about the House’s incompre- it is my intent to work very closely to make those investments to grow hensible refusal to do anything to try with Senator HATCH, the distinguished their businesses and particularly hire to fix our broken immigration system. ranking member on the Finance Com- more middle-class Americans at good I remind everyone it has now been 320 mittee, and all of our colleagues to wages. That is what we are going to be days since the Senate passed a strong start putting together a strategy for a all about. We are going to pursue it in bipartisan bill that would secure our comprehensive tax reform plan to pass a bipartisan way. Let us pass the EX- borders, hold employers accountable this Congress. PIRE Act and move on to address the for hiring illegal workers, grow our I will say on the floor that I think question of bipartisan comprehensive economy, and provide a chance for peo- there is a real opportunity now to tax reform. ple currently here illegally to get right

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2987 with the law and earn legal status. stand with the majority of the Amer- Let’s call their bluff. Is it Obama? Is he During all that time the House has ican people and the supposed majority the problem? Then pass a bill where he failed to do anything to fix our broken of their conference or whether they are can’t enforce any of these laws. We can immigration system. really going to let STEVE KING con- come to a reluctant agreement on that. To be clear, the problem is not that tinue to dictate the policy of the Re- If Republicans can’t agree to pass a bill there is a difference of opinion between publican Party on immigration. that goes into effect after the Presi- a House bill and a Senate bill on immi- Just to be clear, right now STEVE dent’s term, then we know that mis- gration that cannot be reconciled. The KING is winning. Just last week he trust of the President is nothing but a problem is that House Republicans said: straw man. have completely abdicated their re- If I had the power, the authority to kill ev- Let’s be honest about what is hap- sponsibility to address the important erything immigration-wise that comes pening right now. Republicans are cur- issue of fixing our broken immigration through the House, if they actually handed rently doing nothing on immigration system. Again, the problem isn’t that me the keys to the kingdom, and if I actu- reform because they don’t want to rock the House has passed immigration laws ally had the gavel that controls the immi- the boat with primaries happening in that the Senate disagrees with; the gration issue, that would be nice. Georgia, Pennsylvania, Kentucky, Vir- problem is that the House won’t put Well, who among us can say he has ginia, and other key States that are oc- any immigration bills up for a vote no not been handed the gavel on immigra- curring between now and early June. matter what is in those bills. tion policy when nothing is being done But we can’t keep having broken fami- Two weeks ago I stated on the floor on immigration—just as he said he lies living under a broken system for- that the reason the House has done would do if he were indeed handed the ever without any idea of when Congress nothing on immigration is because gavel? might act to finally provide badly House Republicans have handed the What has the House actually done on needed reform. gavel of leadership on immigration to immigration these past 2 years? Noth- So today I wish to be clear on what far-right extremists, such as Congress- ing. Look it up. This is what STEVE our window is for the House to pass im- man STEVE KING. Not only has this KING wants—he wants the House to do migration reform. It is the window be- point not been refuted by anyone in the nothing. He is winning and America is tween early June and the August re- Republican Party, it has actually been losing. cess. So today I am saying to Speaker confirmed in various news sources that I am not the only one who is frus- BOEHNER, Leader CANTOR, and other have come out since the speech. trated with this inexplicable inaction. Republican leaders who refuse to For instance, just 2 days ago Speaker Just this week Tom Donohue, presi- schedule a vote on immigration reform BOEHNER was quoted as saying: dent of the U.S. Chamber of Commerce, during this window between early June I do believe the vast majority of our mem- said: and the August recess, it will not pass bers do want to deal with this, they want to If the Republicans don’t do it, they until 2017 at the earliest. I believe it deal with it openly, honestly and fairly. shouldn’t bother to run a candidate in 2016. will then pass in 2017 after Republicans Speaker BOEHNER is making clear He added that ‘‘failure to act is not take a shellacking in the Presidential that these folks are part of a ‘‘vote no, an option’’ and that ‘‘we’re absolutely and congressional elections. But in the pray yes’’ caucus. But he said immigra- crazy if we don’t take advantage of meantime, if immigration reform is tion hasn’t been scheduled for a vote having passed an immigration bill out not passed during this window, Repub- because ‘‘there are some members of of the Senate.’’ licans will have to admit that STEVE our party who just don’t want to deal I don’t always agree with the presi- KING controls the Republican Party with this. It’s no secret.’’ dent of the U.S. Chamber of Commerce, platform on immigration. If nothing Now, even by STEVE KING’s analysis, but he is right. Not only is this inac- happens during this window, it will be 20 to 25 Members of the House Repub- tion damaging the Republican Party clear that this occurred because STEVE lican side would vote for the Senate’s politically, it is also inflicting needless KING calls the shots and he has won the immigration bill. That number is damage to our economy. Our GDP immigration debate among the House clearly an underestimation of support could be growing by over 3 percent by Republicans. Whatever their supposed in the House for the Senate bill, but it passing this bill—more than any Re- excuse for inaction, inaction is consent shows that even according to STEVEN publican tax cut or Democratic spend- to STEVE KING’s point of view. KING, if the Senate bill were brought ing proposal. But STEVE KING says no Where are the leaders in the House— up for a vote, it would pass. KING added and Speaker BOEHNER abandons ship. the Republican Party—with the cour- that about 100 to 150 Republican Mem- MARIO DIAZ-BALART, another Repub- age to stand up to STEVE KING and the bers of the House could possibly vote lican working to pass immigration re- far right and say: Enough is enough. yes on an immigration bill if it were form, said that Republicans need a We will not let our party be hijacked presented for a vote. deadline to get moving on immigration by extremists whose xenophobia causes Given this broad support for immi- reform and that if no action was taken them to prefer maintaining a broken gration reform that supposedly exists by the August recess, the Republican system over achieving a tough, fair, in the House, I would say to Speaker brand would be damaged with Latino and practical long-term solution. BOEHNER and the Republican House voters for years to come. Make no mistake about it. Immigra- leadership: What are you waiting for? Has Speaker BOEHNER said: Fine, we tion reform will pass either this year If you want to pass immigration re- will schedule a vote before August re- with bipartisan support and a bipar- form, and you say the vast majority of cess? No, he has not. There is no sign tisan imprint or it will pass in a future your Members want to pass immigra- that anything will ever be done on im- year with only Democratic support and tion reform, schedule immigration re- migration reform. Even with the very Democratic imprint because Demo- form for a vote. It doesn’t have to be small, microscopic measure known as crats will control Congress and the our bill, although I think that is a good the ENLIST Act, which would let cer- White House simply because Repub- bipartisan, down-the-middle—not too tain immigrant youth earn legal status licans have failed to pass immigration liberal, not too conservative—ap- by joining the military, the House has reform. proach. But don’t do our bill. Do an- refused to consider this so far as part In the meantime, the President other bill. Come up with your own of the Defense authorization bill. would be more than justified in acting ideas. That is fine with us. Republicans keep trying to place the anytime after recess begins to make But the problem is that the House blame on the President, saying he can’t whatever changes he feels necessary to Republican leadership is still too afraid be entrusted to enforce any laws. We make our immigration system work of what STEVE KING calls the ‘‘50 to 70 believe that is a phony excuse, but if better for those unfairly burdened by Republicans who would fight to the that is really their problem, let’s pass our broken laws. If House Republicans last drop of blood against any immigra- a bill now and delay implementation refuse to act, it is incumbent on all of tion bill.’’ until 2017. I would support that. And us to look at all the areas where we It is time for the House Republican then we would have no President can act administratively to fix our bro- leadership to decide whether they Obama enforcing any of these laws. ken system.

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2988 CONGRESSIONAL RECORD — SENATE May 14, 2014 I hope immigration reform passes The slate of nominees before the Sen- be specific agreements on every issue this year. ate, as I mentioned earlier, is the prod- and position that these nominees have I see my two colleagues from Arizona uct of consensus, cooperation, and taken, but I am confident of their abil- who worked so long and hard and cou- careful deliberation, selected with the ity to serve this Nation and the people rageously and pulled the bill further help of a nonpartisan judiciary evalua- of Arizona. away from what many Democrats tion commission. They saw over- I yield the floor. might want, but they knew that Amer- whelming support in the Judiciary The PRESIDING OFFICER. The Sen- ica and their State of Arizona de- Committee here in the Senate, and the ator from Arizona. manded a solution. Let’s rally to their brief descriptions that follow only Mr. FLAKE. I thank the senior Sen- side. Let’s rally to the side of all Amer- begin to capture the breadth of these ator from Arizona Mr. MCCAIN for the icans, a majority of Democrats, Inde- nominees’ experiences and the depth of work he has done to bring this panel pendents, and Republicans, all of whom their commitment to our legal system. forward with six judges to be confirmed want comprehensive immigration re- Judge Steven Logan has already this week. That is a big deal, a big deal form. proved to be an asset to the district for any State, and for a State such as I hope immigration reform passes court in Arizona, where he currently Arizona that has had such a shortage this year because our broken families, serves as a magistrate judge. That ex- for so long, this is particularly impor- our economy, and our country so badly perience, together with his work as an tant. I just want to say a few words need it. Let’s hope the House finally immigration judge and military trial about the three judges we will vote on stops talking and starts acting. judge, makes him uniquely qualified to after I speak: Judge Steven Logan, I yield the floor. serve as an article III judge. John Tuchi, and Diane Humetewa. Judge Logan has a distinguished The PRESIDING OFFICER. The Sen- John Tuchi currently serves as chief record in the military, where he earned ator from Arizona. assistant to the U.S. attorney and has a Bronze Star among many other hon- NOMINATIONS the qualifications to be a district judge ors. In discussing his military service Mr. MCCAIN. Madam President, I based in part on his dedication to pub- at his nomination hearing, one of his thank the Senator from New York for lic service, extensive trial experience, statements stuck out because it exem- his 5-minute speech. and practice before Federal courts. plifies his dedication for the rule of law I am pleased to join today with my Judge Douglas Rayes, also nominated and his fitness to be a district judge. friend and colleague Senator FLAKE to for the Phoenix Division, currently He said: express support for this diverse and serves as a Maricopa County superior historic slate of nominees to the U.S. The rule of law in the United States is court judge, where he has presided over District Court for the District of Ari- very, very important. I have seen what hap- thousands of cases in family law, zona. pens in a country, two countries in par- Between today and tomorrow, the criminal law, and complex litigation. ticular— Senate will hopefully vote to confirm Together with 18 years in private prac- He is referring to Iran and Afghani- six judges to the Federal court in Ari- tice, Judge Rayes’ experience and in- stan— zona, and I urge my colleagues to join sight will be valuable to the Federal when there is no rule of law that is active. court. me in supporting these nominees. Judge Logan will bring this impor- Rosemary Marquez has worked as a I am very pleased to have worked tant perspective to the bench, as well public defender and prosecutor as well with my colleague Senator FLAKE. To- as insights he has gained as an assist- as in private practice. Her extensive gether we have put together a group of ant U.S. attorney, both in Minnesota experience working in border districts people who have devoted their time and and in Arizona. He is familiar with im- and her Hispanic heritage will be in- effort in our State, who represent the migration issues as well, which provide valuable assets to the Federal court. best and the brightest legal minds and the bulk of the cases he will be looking Lastly, Judge James Soto, whose ex- judicial experience in our State on a at as a district court judge. bipartisan basis, and we acted, very perience includes running a private Mr. Tuchi has a long career as a pros- frankly, on the unanimous rec- practice that covered a broad array of ecutor, having served the bulk of his ommendation of this group of out- commercial, civil, and criminal cases career in the Arizona U.S. attorney’s standing citizens of Arizona who put and service on the Santa Cruz County office from 1998 until now. He is pres- forth these recommendations. Superior Court, together with an un- ently serving as chief assistant U.S. at- I am very proud that some of these derstanding of issues important to bor- torney, where he oversees civil and nominees are indeed historic, including der communities, have prepared him to criminal personnel operations. In 2009 the fact that one of the nominees, serve ably as a district judge in Tuc- he served as interim U.S. attorney for Diane Humetewa, has an impressive son. several months. He began his legal ca- legal background ranging from work as Each of these nominees has shown reer as a judicial clerk in the Ninth a prosecutor and appellate court judge commitment to justice, public service, Circuit, and I think he is going to to the Hopi nation. She served the U.S. and the people of Arizona. Each also make a stellar district court judge as attorney for the District of Arizona. has demonstrated the judicial tempera- well. And hers is a historic nomination. If ment and professional demeanor nec- Ms. Humetewa, similar to Judge confirmed, Diane Humetewa will be the essary to serve in this capacity with Logan, has served as both a prosecutor first Native American woman to ever integrity. I urge my colleagues to sup- and a judge, serving in the Arizona serve on the Federal bench, and we are port these nominees—the three we are U.S. attorney’s office as an assistant very proud of her and the other five. voting on today and hopefully the U.S. attorney and then as a Senate- The Federal district court of Arizona three who will be voted on tomorrow confirmed U.S. attorney for Arizona has been under tremendous strain morning—by voting yes for cloture and from 2007 to 2009. She was also acting these past few years, and the confirma- for final confirmation. chief prosecutor for the Hopi Tribe and tion of these six judges will be a great I again wish to thank all those indi- appellate court judge for the tribe. As relief to an overburdened court, one viduals who were a part of the commis- Senator MCCAIN noted earlier, she will which is consistently ranked as one of sion that came up with these rec- be the first Native American woman to the top 10 busiest in the country. Of ommendations. I wish to thank my serve on the Federal bench. I know her the 13 authorized judgeships for this friend and colleague Senator FLAKE, varied experience as a judge and pros- court, 6 are currently vacant. This, to- also a member of the Judiciary Com- ecutor will serve her well in this capac- gether with the large caseload, led the mittee, for the important role he ity. District of Arizona to declare a judicial played in bringing these nominees be- Let me just say what a thrill it was emergency in 2011. This has created an fore the Senate. I am confident they to be on the Judiciary Committee and untenable situation for the court in Ar- will serve the State of Arizona with have all six of these prospective judges izona, and the confirmation of these honor and distinction. I would also come with their families and talk nominees is critical to ensure that the point out that some of these nominees about their experience and how it administration of justice is timely and may not be of the same party as Sen- would relate to their new role if they fair for the people of Arizona. ator FLAKE and me and there may not were to be confirmed. It was great to

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2989 be there to see Diane Humetewa and piece on the editorial page of the Wall publicans in demanding an immediate family and note that on the reserva- Street Journal this morning entitled amendment to a bill that she knows the tion there were many other family ‘‘Harry Reid’s Senate Blockade.’’ White House is reluctant to veto. And she’d members watching that hearing being I ask unanimous consent to have this have insisted that Mr. Reid allow a 50-vote threshold for passage, rather than Mr. Reid’s streamed and being proud that the first opinion piece printed in the RECORD. 60–vote supermajority. female Native American would be on There being no objection, the mate- Ms. Landrieu instead is playing Mr. Reid’s the Federal bench. What a great occa- rial was ordered to be printed in the double game, demanding a Keystone vote sion, what a great event to witness, RECORD, as follows: even as she undermines its passage. She is and it speaks well for not only her HARRY REID’S SENATE BLOCKADE running for election by boasting about her qualifications but the qualifications of The U.S. Senate failed to advance another clout as the new Chairman of the Senate En- the others as well. piece of popular bipartisan legislation late ergy Committee, but she is so ineffectual We look forward in the coming Monday, and the reason tells the real story that she can’t get her own party to allow a days—hopefully tomorrow—to vote on of Washington gridlock in the current Con- vote on what she claims is one of her top pri- gress. To wit, Harry Reid has essentially orities. Judge Rayes as well as Rosemary The lesson for voters is simple: If they Marquez. Senator MCCAIN mentioned shut down the Senate as a place to debate and vote on policy. want anything meaningful done in the last Judge Soto. I have had the honor of The Majority Leader’s strategy was once two years of the Obama Administration, getting to know Judge Soto and his again on display as the Senate failed to get they will have to elect a Republican Senate. family a bit. He served 13 years on the the 60 votes to move a popular energy effi- Mr. WICKER. I will quote at length County of Santa Cruz’s Superior Court ciency bill co-sponsored by New Hampshire from the Wall Street Journal this and is currently a presiding judge. The Democrat Jeanne Shaheen and Ohio Repub- morning, because in mentioning this comment in the confirmation hearing lican Rob Portman. Mr. Reid blamed the de- popular piece of legislation, the edi- feat on Republican partisanship. But the im- that came up is that the people of torial gets right to the point. It says: Santa Cruz County are going to be sad passe really came down to Mr. Reid’s block- ade against amendments that might prove . . . the reason [the bill failed this week] to lose him as a judge; he has been politically difficult for Democrats. tells the real story of Washington gridlock in great there, and he will be a great dis- The Nevadan used parliamentary tricks to the current Congress. To wit, Harry Reid has trict court judge. block energy-related amendments to an en- essentially shut down the Senate as a place I am so happy to go through this ergy bill. This blockade is now standard pro- to debate and vote on policy. process. This is my first time, being cedure as he’s refused to allow a vote on all I absolutely agree. Additionally, the relatively new to this position, of but nine GOP amendments since last July. editorial says: nominating judges and going through Mr. Reid is worried that some of these The Majority Leader’s strategy was once the confirmation process. It was a amendments might pass with support from Democrats, thus embarrassing a White again on display as the Senate failed to get pleasure working with Senator MCCAIN House that opposes them. the 60 votes to move the popular energy effi- and with the White House and the In the case of Portman-Shaheen, Repub- ciency bill co-sponsored by New Hampshire President in bringing these nomina- licans had prepared amendments to speed up Democrat Jeanne Shaheen and Ohio Repub- tions forward. exports of liquefied natural gas; to object to lican Rob Portman. Mr. Reid blamed it on I urge my colleagues to vote both for a new national carbon tax; to rein in the En- Republican partisanship. But the impasse cloture and for final confirmation of vironmental Protection Agency’s war on really came down to Mr. Reid’s blockade these three judges today and hopefully coal plants; and to authorize the Keystone against amendments that might prove politi- cally difficult for Democrats. the other three tomorrow or later. I ap- XL pipeline. A majority of the public sup- preciate the President making these ports these positions and many Democrats Once again, the majority leader has from right-leaning or energy-producing made it clear he doesn’t intend to let nominations. Arizona has waited a long states claim to do the same. The bill against time to fill these judgeships and we are the Senate work its will on amend- the EPA’s coal-plant rules is co-sponsored by ments. Instead, the new normal is that pleased to do so this week. West Virginia Democrat Joe Manchin. I yield the floor, and I note the ab- Yet the White House and Mr. Reid’s domi- the majority leader comes to the floor sence of a quorum. nant liberal wing won’t take the chance that and says: If the bill is worded as I The PRESIDING OFFICER. The a bipartisan coalition might pass these think it should be, if we can come to an clerk will call the roll. The legislative amendments, most of which the House has agreement with how it should be writ- clerk proceeded to call the roll. passed or soon would. President Obama ten, I will bring it to the floor and we The PRESIDING OFFICER. The Sen- would thus face a veto decision that would can vote it up or down. But this idea of ator from Mississippi. expose internal Democratic divisions. So Mr. amendments, that is unacceptable to Reid shut down the amendment process. Re- Mr. WICKER. Madam President, I publicans then responded by refusing to pro- the majority leader, and it is a com- ask unanimous consent that the order vide the 60 votes necessary to clear a fili- plete departure from the way this Sen- for the quorum call be rescinded. buster and vote on the underlying bill. ate has operated for decades and dec- The PRESIDING OFFICER. Without It’s important to understand how much ades on important pieces of legislation. objection, it is so ordered. Mr. Reid’s tactics have changed the Senate. I would point out that in the Civil A NEW NORMAL Not too long ago it was understood that any Rights Act of 1964, one of the major ac- Mr. WICKER. Madam President, I Senator could get a floor vote if he wanted complishments of the Congress in the sorrowfully rise this morning to take it. The minority party, often Democrats, 20th century, there were 115 amend- used this right of amendment to sponsor note of the sad state to which this votes that would sometimes put the major- ments called up during its consider- great deliberative body has fallen, and ity on the spot. It’s called politics, rightly ation. The leadership didn’t know how I do so reluctantly because I must spe- understood. This meant the Senate debated those votes would turn out. They had cifically criticize the majority leader national priorities and worked its bipartisan probably done a whip count and they of the U.S. Senate for bringing this will. Harry Reid’s Senate has become a delib- had a decent idea, but the idea was the body to what many historians observe erate obstacle to democratic accountability. Senate was going to be allowed to vote is a new low in terms of our ability to And speaking of accountability, every sup- up or down with the light shining on posedly pro-energy Democrat supported Mr. the process and the American people move legislation and our ability to Reid in his amendment blockade. That in- have open debate and open amend- cludes Louisiana Senator Mary Landrieu, seeing how their elected Senators felt ments in the Senate. who is running TV ads back home attacking on that issue. There were 115 amend- We see what has become a new nor- the Obama Administration energy policies ments called up during the consider- mal in the Senate. Earlier this week a that Mr. Reid is protecting from bipartisan ation of the Civil Rights Act in 1964. bipartisan and popular piece of legisla- majority rejection. She still claims to sup- The Panama Canal Treaty of 1978 was tion on energy efficiency was derailed port a vote on the Keystone XL pipeline, and another major piece of deliberative by the majority leader’s resistance to she blamed Republicans for not going along work that was done by the Senate. the open amendment process. Cer- with Mr. Reid’s vague assurance that he There was a total of 89 amendments of- would allow a stand-alone vote on Keystone tainly, it is not only members of my later this month. fered to the Panama Canal Treaty. party, it is not only persons on my side But why not force the vote now? If Ms. Those amendments were called up and of the aisle who have concluded this. Landrieu really had Keystone as a top pri- debated in the clear light of day. Votes There was a very scathing opinion ority, as she claims, she’d have joined Re- were held and the American people

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2990 CONGRESSIONAL RECORD — SENATE May 14, 2014 found out how their elected representa- And sadly so, I might add. trative Office of the U.S. Courts has tives in the Senate felt about those This Harry Reid gag rule is new to designated them as emergency vacan- amendments. This week and for the the Senate. We have had a number of cies due to high caseloads. We continue last 52 weeks that has not been the distinguished majority leaders whose to seek consent from Republicans to case with the majority leader currently names will go down in history as the vote on much needed judges to our Fed- in power in the Senate. giants and statesmen of our time, and eral judiciary, and yet they continue to The Wall Street Journal goes on to they did not resort to this gag rule. refuse. Republicans have objected to say that the majority leader This is largely a Harry Reid invention. moving to a vote on every single judi- . . . used parliamentary tricks to block en- I will give the facts. Mr. Reid has cial nominee this year. I can only hope ergy-related amendments to an energy bill. used the gag rule to fill the amendment that they will eventually come to see This blockade is now standard procedure as tree—which is a parliamentary term. the error of their ways. he’s refused to allow a vote on all but nine He has used his gag rule to cut off Before proceeding with the qualifica- GOP amendments since last July. Mr. Reid is amendments 85 times, more than twice tions of these judicial nominees, I worried that some of these amendments the number of the previous six leaders would again like to clarify and address might pass with support from Democrats, combined, and these were Democrats some questions regarding the nomina- thus embarrassing a White House that op- tion of David Barron. Mr. Barron has poses them. and Republicans. Senator Dole invoked the procedural been nominated to fill a vacancy on the I wish to point out that during the tactic only seven times. Senator Rob- U.S. Court of Appeals for the First Cir- time when Republicans—in this sup- ert Byrd, a giant, a historian, and an cuit. There have been press accounts posedly greatest deliberative body in expert in the use of Senate rules, in- that have inaccurately stated what the the world—have been given nine voked it only three times. Senator administration has made available for amendments over the last year, Repub- Mitchell of Maine invoked it 3 times; Senators to review relevant to this licans, which hold the majority in the Senator Lott, 11 times; Senator nomination. As I said last week, the administration has made available House of Representatives, have given Daschle, 1 time; and Senator Frist, 15 unredacted copies of any memo issued their Democratic colleagues 125 minor- times. Yet time after time—some 85 by Mr. Barron regarding the potential ity votes. This is in a House which rou- times—this majority leader has de- use of lethal force against Anwar Al- tinely shuts down debate, has a rules cided that the Senate doesn’t have a Awlaki. This week, the administration committee, and historically limits the right—that the people of Mississippi has made clear that this material in- number of amendments and the num- and the people of North Dakota don’t ber of votes. Minority Members in the cluded all written legal advice by Mr. have a right—for their Senators to Barron regarding potential use of le- House have had 125 votes during that come up and offer an idea and let it same time period. This Senate has al- thal force against U.S. citizens in coun- rise or fall based on whether it is good terterrorism operations. Senators lowed minority Members nine votes policy or not. This is an outrage that during that same period of time, and therefore have had the opportunity to the people of the United States need to conduct their due diligence before vot- that is an outrage, which the Wall understand. Street Journal continues to point out. ing on this nomination. It seems past majority leaders, when In an Internet post titled ‘‘Why Civil The editorial goes on to say: entrusted with protecting this institu- In the case of Portman-Shaheen, Repub- Libertarians and Drone Critics Should tion, recognized that the gag rule Support David Barron,’’ Georgetown licans had prepared amendments to speed up should be used sparingly. Its current exports of liquefied natural gas; to object to Law Professor David Cole—one of the a new national carbon tax; to rein in the En- abuse undermines the Senate’s ability foremost critics of the administration vironmental Protection Agency’s war on to address pressing national issues and over its failure to publicly disclose coal plants; and to authorize the Keystone to carry on the tradition of debate that legal material addressing the use of le- XL Pipeline. has always defined this body. That thal force against U.S. citizens—has I believe these amendments were really cannot be denied. stated: good amendments. I would have voted Senator Robert Byrd, who I alluded It is a mistake to conflate the issues of the for them. The case could be made on to earlier, called the Senate ‘‘the last appointment of David Barron and disclosure the other side of the aisle that they bastion of minority rights.’’ That was of the memos. Barron is a highly qualified were bad policy. But make the case. true during Democratic majorities lawyer who I know personally to be thought- when Senator Byrd was the majority ful, considerate, open-minded, and brilliant. Let elected Senators from North Da- His confirmation would put in place a judge kota, Mississippi, and all across the leader. Sadly, it is not the case any longer. who will be absolutely vigilant in his protec- United States of America be heard and tion of civil liberties and his insistence that vote the wishes of their particular con- The Wall Street Journal editorial—I executive power be constrained by the rule of stituencies on these issues. Instead, the would commend it to the attention of law. That long-term value should not be sac- majority shut down these amendments. anyone within the sound of my voice— rificed because of a short-term battle over The editorial goes on to say: concludes this: memos that every Senator already has the The lesson for voters is simple: If they opportunity to review. Yet the White House and Mr. Reid’s domi- want anything meaningful done in the last nant liberal wing won’t take the chance that Professor Cole is right. I have person- two years of the Obama Administration, a bipartisan coalition might pass these ally pressed the administration for they will have to elect a Republican Senate. amendments, most of which the House has greater transparency on these matters passed or soon would. President Obama Those are the words of the Wall as well, but that is a separate debate would thus face a veto decision that would Street Journal and not my words. and we should not be waging it at the expose internal Democratic divisions. So Mr. What has become of the Senate under expense of harming our Federal judici- Reid shut down the amendment process. this Harry Reid gag rule is unconscion- ary and denying the American people As I said, he has shut down the able. It should be reversed and Sen- an individual who will make a first- amendment process in every case ex- ators of both parties should stand in rate judge. Not only is this tactic un- cept for nine lonely votes. resistance to the idea that we cannot wise, but it also does not help advance The editorial goes on to say: offer amendments and have them de- the cause of those who are seeking pub- It’s important to understand how much bated as they have always been debated lic disclosure of the memos. As Pro- Mr. Reid’s tactics have changed the Senate. in the Senate. fessor Cole has further explained: Not too long ago it was understood that any I yield the floor. [H]olding up Barron’s nomination is un- Senator could get a floor vote if he wanted Mr. LEAHY. Madam President, this likely to expedite disclosure of the memos. it. The minority party, often Democrats, week, we are voting to overcome Re- It will only undermine the confirmation of used this right of amendment to sponsor publican filibusters of seven highly someone who would make an excellent judge. votes that would sometimes put the major- qualified judicial nominees. Every sin- The Administration has been ordered (unani- ity on the spot. It’s called politics, rightly mously) to release the memo, and will in understood. This meant the Senate debated gle one of the nominees we will be vot- short order either comply with that order or national priorities and worked its bipartisan ing on this week has been nominated to seek further review. Barron has no control will. Harry Reid’s Senate has become a delib- fill a judicial emergency vacancy. This over that decision, and should not be held erate obstacle to democratic accountability. means that the nonpartisan Adminis- hostage to it . . .

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2991 I am second to none in my support for also served as a Staff Judge Advocate 2006, she served as a detailee with the transparency. And I will continue to fight in the U.S. Marine Corps Reserves from U.S. Senate Committee on Indian Af- for that value on its own terms. But it is a 2012 to 2013. Previously, from 2010 to fairs. Ms. Humetewa also served as an huge mistake to let our legitimate concerns 2012, he served as a U.S. Immigration appellate court judge for the Hopi about transparency get in the way of the confirmation of a judge who will faithfully Judge in the Executive Office for Im- Tribe from 2002 to 2007. Prior to her protect our liberties and hold government migration Review. From 2009 to 2011, service in Arizona, she served as coun- accountable—especially when the Senate al- he served as an Article I Deputy Chief sel to the Deputy Attorney General for ready has been given access to all the infor- Reserve Military Judge, and from 2005 the U.S. Department of Justice from mation they need to exercise their ‘‘advise to 2009, he served as an Article I Mili- 1996 to 1998. After graduating from law and consent’’ role. tary Judge to the U.S. Department of school, she served as Deputy Counsel to I agree completely with Professor the Navy. Prior to becoming judge, he the U.S. Senate Committee on Indian Cole, and I ask unanimous consent to served as an assistant U.S. attorney in Affairs from 1993 to 1996. She has the have printed in the RECORD the full the District of Arizona from 2001 to 2010 support of her Republican home State posting after my remarks. and as an assistant U.S. attorney in Senators, Senator MCCAIN and Senator I would further ask unanimous con- the District of Minnesota from 1999 to FLAKE. The Judiciary Committee re- sent to include a joint op-ed in the Bos- 2001. From 1993 to 1999, he worked for ported her nomination favorably by ton Globe by Harvard Law professors the Department of Defense, where he voice vote to the full Senate on Feb- Charles Fried and Laurence Tribe—two served as a Prosecutor—1996–1999—and ruary 27, 2014. When confirmed, Ms. legal luminaries who often disagree in as a contracting officer—1993–1996. Humetewa will be the first Native their views on the Constitution and Judge Logan has completed three de- American woman to serve as a Federal other legal issues. As the two of them ployments of Active Duty in Afghani- judge and the third Native American have written: stan—2008–2009—and Iraq—2004, 2007– ever to do so. The nation badly needs the best possible 2008. During his military service, he re- Rosemary Mo´ rquez has been nomi- judges—men and women of integrity, intel- ceived numerous awards that include nated to fill a judicial emergency va- ligence, judicial temperament, respect for the Bronze Star in 2008, the Meri- cancy on the U.S. District Court for the rule of law, and an understanding of the torious Service Medal in 2004 and 2012, the District of Arizona. She has served role of judges within our legal system. Bar- and the Global War on Terrorism Expe- since 2008 in private practice as a sole ron understands and exemplifies those val- practitioner in Tucson, AZ. She pre- ues. He should be released from the destruc- ditionary Medal in 2004. Judge Logan tive tangle in which he has become quite has the support of his Republican home viously served as a partner at Montoya undeservedly enmeshed and placed on the State Senators, Senator MCCAIN and & Mo´ rquez, PLLC from 2000 to 2008, an First Circuit Court of Appeals where he can Senator FLAKE. The Judiciary Com- assistant Federal public defender in the serve our nation with great distinction. mittee reported him favorably to the Federal Public Defender’s Office in We should proceed to Mr. Barron’s full Senate by voice vote on February Tucson, AZ from 1996 to 2000, a county nomination and confirm him so he can 27, 2014. legal defender in the Pima County get to work on behalf of the American John Tuchi has been nominated to Legal Defender’s Office from 1994 to people. Delays are simply depriving the fill a judicial emergency vacancy on 1996, and a deputy county attorney in Federal judiciary and all Americans of the U.S. District Court for the District the Pima County Attorney’s Office in a tremendous public servant. of Arizona. He has served since 2012 as 1994. Ms. Mo´ rquez earned her B.A. from This week, we will proceed to vote to the chief assistant U.S. attorney in the the University of Arizona in 1990. She end filibusters on the following seven U.S. Attorney’s Office for the District earned her J.D. from the University of nominations: of Arizona, where he also has served as Arizona Law School in 1993. She has Judge Gregg Costa has been nomi- the U.S. attorney for an interim period the support of her Republican home nated to fill a judicial emergency va- in 2009 and as an assistant U.S. attor- State Senators, Senator MCCAIN and cancy on the U.S. Court of Appeals for ney since 1998. From 2001 to 2007, he Senator FLAKE. The Judiciary Com- the Fifth Circuit in Texas. He has served as an adjunct professor at the mittee reported her favorably to the served since 2012 as a U.S. district Arizona State University Law School, full Senate by a roll call vote of 15 to judge in the Southern District of teaching courses on professional re- 2 on February 27, 2014. Texas. He previously served as an as- sponsibility. From 1995 to 1998, Mr. Judge Douglas Rayes has been nomi- sistant U.S. attorney in the Southern Tuchi worked in private practice at nated to fill a judicial emergency va- District of Texas from 2005 to 2012. He Brown & Bain, P.A. as an associate. cancy on the U.S. District Court for worked in private practice as an asso- After graduating from law school, he the District of Arizona. He has served ciate at Weil, Gotshal & Manges from served as a law clerk to Judge William since 2000 as an Arizona State judge in 2002 to 2005. After graduating from law C. Canby, Jr., of the U.S. Court of Ap- Maricopa County Superior Court, in- school, he served as a law clerk to peals for the Ninth Circuit from 1994 to cluding as associate presiding civil Judge Raymond Randolph of the U.S. 1995. In 2010, he received the Director’s judge from 2008 to 2010 and as presiding Court of Appeals for the DC Circuit Award for Outstanding Performance in criminal judge from 2010 to 2013. He has from 1999 to 2000 and to Chief Justice Indian Country from the U.S. Depart- presided over thousands of complex William Rehnquist of the Supreme ment of Justice. Mr. Tuchi has the sup- criminal, civil, and family cases that Court of the United States from 2001 to port of his Republican home State Sen- have gone to judgment by settlement, 2002. He also served as a Bristow fellow ators, Senator MCCAIN and Senator plea agreement, summary judgment, or in the Office of the Solicitor General FLAKE. The Judiciary Committee re- dismissal. He previously worked in pri- from 2000 to 2001. Judge Costa earned ported his nomination favorably by vate practice as a partner at Tryon, his B.A. from Dartmouth College in voice vote to the full Senate on Feb- Heller & Rayes from 1989 to 2000; a 1994. He earned his J.D. with the high- ruary 27, 2014. partner at McGroder, Tryon, Heller & est honors from the University of Diane Humetewa has been nominated Rayes from 1986 to 1989; McGroder, Texas Law School in 1999. He has the to fill a judicial emergency vacancy on Tryon, Heller, Rayes & Berch from 1984 support of his home State Senators, the U.S. District Court for the District to 1986; and as an associate at Senator CORNYN and Senator CRUZ. The of Arizona. She has served as a pro- McGroder, Pearlstein, Peppler & Tryon Judiciary Committee reported him fa- fessor of practice and special advisor to from 1982 to 1984. Following his gradua- vorably to the full Senate by voice vote the president at the Arizona State Uni- tion from law school, he served as on March 27, 2014. versity Law School since 2011. From Judge Advocate General in the U.S. Judge Steven Logan has been nomi- 2009 to 2011, she worked in private prac- Army JAG Corps from 1979 to 1982. He nated to fill a judicial emergency va- tice as a counsel at Squire, Sanders & served in the U.S. Army from 1970 to cancy on the U.S. District Court for Dempsey. From 1998 to 2009, she served 1982 and in the Army Reserve from 1982 the District of Arizona. He has served in the U.S. attorney’s Office in the Dis- to 1985. Judge Rayes has the support of on the Military Court of Appeals since trict of Arizona as an assistant U.S. at- his Republican home State Senators, 2013 and as a U.S. magistrate judge in torney—1998–2007—and then as the U.S. Senator MCCAIN and Senator FLAKE. the District of Arizona since 2012. He attorney from 2007 to 2009. From 2005 to The Judiciary Committee reported him

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2992 CONGRESSIONAL RECORD — SENATE May 14, 2014 favorably to the full Senate by a roll nell has noted, Barron ‘‘has supported efforts and consent’’ role. As a civil libertarian and call vote of 16–2 on February 27, 2014. to adopt laws to enable judicial review of ex- drone critic, I have no hesitation in saying Judge James Soto has been nomi- ecutive actions that might otherwise escape that David Barron should be confirmed. nated to fill a judicial emergency va- judicial review because of lack of standing, and has written powerfully about the need [From the Boston Globe, May 13, 2014] cancy on the U.S. District Court for for constitutional limits on executive ex- DAVID BARRON SHOULD BE CONFIRMED TO U.S. the District of Arizona. He has served cesses.’’ Indeed, as head of the Office of Legal COURT OF APPEALS since 2001 as a superior court judge in Counsel in 2009, Barron himself withdrew five (By Charles Fried and Laurence H. Tribe) the Santa Cruz County Court. During OLC memos written during the prior admin- Although the two of us frequently ap- his time on the bench, he has presided istration to authorize controversial interro- proach legal questions from different per- over 1,100 cases that have gone to ver- gation techniques such as waterboarding. spectives, and just as often disagree about dict or judgment. Prior to his judicial And fellow Harvard Law Professor John F. the best answers to those questions, we share Manning, a conservative who clerked for service, he worked in private practice a respect for our Constitution and a rev- Judge Robert Bork and Justice Antonin erence for the judicial process. That’s why, for over two decades, including as a Scalia, has accurately described Barron as shareholder and president of Soto, Mar- in spite of our disagreements, we agree that ‘‘undeniably brilliant’’ and ‘‘an unusually Harvard Law School professor David Barron tin and Coogan, P.C. from 1992 to 2001. talented and careful lawyer’’ who will ‘‘un- is exceptionally well-qualified to hold a seat He worked as a sole practitioner from derstand and faithfully carry out the duties on the US Court of Appeals for the First Cir- 1976 to 1979. He previously served as of a circuit judge.’’ cuit and that the Senate should promptly town attorney for the town of Pata- Second, the administration has in fact confirm him. gonia from 1975 to 1992, deputy city at- made available to all Senators any and all No one can reasonably question Barron’s memos Barron wrote concerning the tar- intelligence, the high quality of his scholar- torney for the Office of the Nogales geting of al-Awlaki—the core of the issue City Attorney from 1974 to 1983, and ship, his judicial temperament, his deep re- Sen. Paul is concerned about. So if Sen. Paul spect for the rule of law, or his personal in- deputy county attorney for Santa Cruz and any other Senator want to review Bar- tegrity and devotion to public service. Bar- County in 1975. Judge Soto has the sup- ron’s reasoning in full, they are free to do so. ron (who is married to Juliette Kayyem, a port of his Republican home State Sen- Moreover, the administration also made Democratic gubernatorial candidate and ators, Senator MCCAIN and Senator available to the Senate, and ultimately to former Globe columnist) is a brilliant lawyer the public, a ‘‘White Paper’’ said to be drawn FLAKE. The Judiciary Committee re- who will make an excellent judge. ported him favorably to the full Senate from the Barron memo (though written long Though some conservatives oppose his em- after he left office). Thus, no Senator need be brace of what they call ‘‘progressive con- by voice vote on February 27, 2014. in the dark about the Administration’s rea- stitutionalism,’’ and some civil libertarians All of these nominees have the expe- soning, and the public also has a pretty good worry about the secrecy of memoranda he rience, judgment, and legal acumen to idea as well. signed as head of the Justice Department’s be terrific judges in our Federal courts. Indeed, the U.S. Court of Appeals for the Office of Legal Counsel regarding the legal- I thank the majority leader for filing Second Circuit recently ruled that a re- ity of using lethal force against a specific US cloture petitions, and I hope all Sen- dacted version of the al-Awlaki memo can citizen who was an operational leader of an ators will join me to end these filibus- and should be disclosed, largely because enemy force, neither of these concerns justi- much of its reasoning had already been made ters so that these nominees can get fies delaying a vote, or denying Barron a public in the White Paper. Thus, while I fully seat on the First Circuit. working on behalf of the American peo- support the public disclosure of the memo, Any description of Barron as ‘‘an un- ple. redacted to protect sources and methods, abashed proponent of judicial activism’’ is a There being no objection, the mate- every Senator already has full access to the caricature that demonstrates a lack of fa- rial was ordered to be printed in the memo, and therefore can make an informed miliarity with serious debate over constitu- RECORD, as follows: judgment on advice and consent. And the tional issues. What is clear to us is that Bar- [May 12, 2014] public also has a good sense of what it says. ron would decide cases based solely on the Notably, Senators Ron Wyden, Mark Udall, relevant sources of legal authority, including WHY CIVIL LIBERTARIANS AND DRONE CRITICS and Martin Heinrich, all members of the In- binding precedent, and that his political SHOULD SUPPORT DAVID BARRON telligence Committee, wrote a letter to At- views would in no way distort his legal judg- (By David Cole) torney General Eric Holder in November ment. We will have reached a tragic turning Sen. Rand Paul has an op-ed in the New 2013, after reviewing the memo on the killing point if people are disqualified from holding York Times today opposing the nomination of al-Awlaki, and stating their view the kill- judicial office when they have thought deep- of David J. Barron to the U.S. Court of Ap- ing was ‘‘a legitimate use of the authority ly about the issues and expressed their views peals for the First Circuit until the memos granted to the President.’’ They went on to in public. Barron wrote concerning the legality of the urge the administration to be more forth- There is nothing in Barron’s record, or in targeted killing of US citizen Anwar Al- coming about the legal limits on the use of our many years of personal interactions with Awlaki are publically released. The ACLU force against U.S. persons in other cases, be- him, that would lead us to believe that he is has also urged that Barron’s nomination be yond what the memo apparently had sanc- anything other than a straight shooter, thor- delayed until Senators are allowed to read tioned, but did not question the legality of oughly committed to applying rules of law all targeted killing memos written by Bar- the action authorized. dispassionately and unflinchingly, and with- ron. I have been as much a critic of the Sen. Paul’s op-ed notes that the Office of out political consideration. That’s what drones program as Sen. Paul, and have writ- Legal Counsel may have written more than judges should and must do, whatever their ten often about my critiques of both the ap- one memo on targeted killing, which is quite philosophical bent. parent scope of the program and the lack of possible. But the administration has dis- Beyond the fight over judicial philosophy, transparency surrounding it. (See here, here closed to the Senators the full, unredacted Barron’s nomination has encountered resist- & here). I continue to support transparency. versions of any memo authorizing the killing ance because of his authorship of opinions in But it would be a terrible mistake to hold up of Americans, the issue Sen. Paul raises in the Office of Legal Counsel surrounding the David Barron’s nomination over this issue. his op-ed. legality of using lethal force against Anwar First, and most importantly, it is a mis- Finally, holding up Barron’s nomination is al-Awlaki, a US citizen who was killed by a take to conflate the issues of the appoint- unlikely to expedite disclosure of the drone strike in Yemen in 2011. Some have ar- ment of David Barron and disclosure of the memos. It will only undermine the confirma- gued that the Senate should not vote to con- memos. Barron is a highly qualified lawyer tion of someone who would make an excel- firm Barron until its members review the who I know personally to be thoughtful, con- lent judge. The Administration has been or- OLC memos, but that point is now moot be- siderate, open-minded, and brilliant. His con- dered (unanimously) to release the memo, cause the White House has made unredacted firmation would put in place a judge who and will in short order either comply with versions available to every senator. Others will be absolutely vigilant in his protection that order or seek further review. Barron has have argued that the Senate should not vote of civil liberties and his insistence that exec- no control over that decision, and should not until a redacted version of the principal utive power be constrained by the rule of be held hostage to it. Awlaki memo is made public, as a court of law. That long-term value should not be sac- I am second to none in my support for appeals recently held it must be. That is an rificed because of a short-term battle over transparency. And I will continue to fight issue subject to ongoing litigation and of no memos that every Senator already has the for that value on its own terms. But it is a relevance to Barron’s nomination. He left opportunity to review. huge mistake to let our legitimate concerns public service four years ago and has nothing There can be no doubt that Barron would about transparency get in the way of the to do with administration policies on the re- be an excellent independent judge, and would confirmation of a judge who will faithfully lease of sensitive information. In any event, faithfully exercise his authority to protect protect our liberties and hold government it is likely that the memos will be released Americans’ rights and to keep government accountable—especially when the Senate al- in short order: Either the administration honest and constrained. As former judge and ready has been given access to all the infor- will not appeal the court’s ruling, or the rul- now Stanford Law Professor Michael McCon- mation they need to exercise their ‘‘advise ing will be upheld on appeal. Without doubt,

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2993 holding up Barron’s nomination will not ex- The yeas and nays are mandatory The PRESIDING OFFICER. Without pedite the release of any memo. under the rule. objection, all time is yielded back. We agree it is entirely appropriate for Con- The clerk will call the roll. Pursuant to rule XXII, the Chair lays gress to consider carefully the legal frame- The legislative clerk called the roll. before the Senate the pending cloture work for drone strikes, although we may Mr. DURBIN. I announce that the reach different conclusions on that score. motion, which the clerk will state. Senator from California (Mrs. BOXER), But it would inflict grave harm on the con- The assistant legislative clerk read firmation process and on our ability to re- the Senator from Massachusetts (Mr. as follows: MARKEY), the Senator from West Vir- cruit the best persons to the federal judici- CLOTURE MOTION ginia (Mr. ROCKEFELLER), and the Sen- ary if Barron’s nomination to the First Cir- We, the undersigned Senators, in accord- ator from Vermont (Mr. SANDERS) are cuit were allowed to become collateral dam- ance with the provisions of rule XXII of the age in this debate. The pertinent question necessarily absent. Standing Rules of the Senate, hereby move cannot be whether any senator agrees or dis- Mr. CORNYN. The following Senator to bring to a close debate on the nomination agrees with any particular use of force or is necessarily absent: the Senator from of John Joseph Tuchi, of Arizona, to be with whether the administration should or Arkansas (Mr. BOOZMAN). United States District Judge for the District should not release documents. Barron didn’t The PRESIDING OFFICER. Are there of Arizona. order the strikes or design the legal frame- any other Senators in the Chamber de- Harry Reid, Patrick J. Leahy, Robert work for their authorization. Indeed we do siring to vote? Menendez, Christopher Murphy, Eliza- not know whether he personally agrees with The yeas and nays resulted—yeas 58, beth Warren, Christopher A. Coons, that policy, the wisdom and morality of Angus S. King, Jr., Richard which it was not his job to assess. And he has nays 37, as follows: [Rollcall Vote No. 144 Ex.] Blumenthal, Jeff Merkley, Amy Klo- not advocated, much less ordered, the with- buchar, Dianne Feinstein, Richard J. YEAS—58 holding of any documents. His job as acting Durbin, Tom Udall, Cory A. Booker, head of the Office of Legal Counsel was to Ayotte Graham Murphy Sheldon Whitehouse, Charles E. Schu- provide thorough, accurate, and unvarnished Baldwin Hagan Murray mer, Edward J. Markey. legal opinions to the president and other ex- Begich Harkin Nelson ecutive officials, based on the traditional Bennet Heinrich Pryor The PRESIDING OFFICER. By unan- legal authorities of text, history, and prece- Blumenthal Heitkamp Reed imous consent, the mandatory quorum dent. We have every reason to believe that is Booker Hirono Reid call has been waived. Brown Johnson (SD) precisely what he did, and there is absolutely Schatz The question is, Is it the sense of the Cantwell Kaine Schumer no evidence to the contrary. Cardin King Shaheen Senate that debate on the nomination The nation badly needs the best possible Carper Klobuchar Stabenow of John Joseph Tuchi, of Arizona, to be judges—men and women of integrity, intel- Casey Landrieu ligence, judicial temperament, respect for Chambliss Leahy Tester United States District Judge for the Udall (CO) the rule of law, and an understanding of the Collins Levin District of Arizona, shall be brought to Coons Manchin Udall (NM) a close? role of judges within our legal system. Bar- Walsh ron understands and exemplifies those val- Donnelly McCain The yeas and nays are mandatory Durbin McCaskill Warner ues. He should be released from the destruc- Feinstein Menendez Warren under the rule. tive tangle in which he has become quite Flake Merkley Whitehouse The clerk will call the roll. undeservedly enmeshed and placed on the Franken Mikulski Wyden The assistant legislative clerk called First Circuit Court of Appeals, where he can Gillibrand Murkowski the roll. serve our nation with great distinction. NAYS—37 Mr. DURBIN. I announce that the f Alexander Grassley Portman Senator from Ohio (Mr. BROWN) and the CLOTURE MOTION Barrasso Hatch Risch Senator from West Virginia (Mr. Blunt Heller Roberts The PRESIDING OFFICER. Under Burr Hoeven Rubio ROCKEFELLER) are necessarily absent. the previous order, there will be 2 min- Coats Inhofe Scott Mr. CORNYN. The following Senator Coburn Isakson Sessions is necessarily absent: the Senator from utes of debate prior to a vote on the Cochran Johanns Shelby Arkansas (Mr. BOOZMAN). motion to invoke cloture on the Logan Corker Johnson (WI) Thune Cornyn Kirk The PRESIDING OFFICER. Are there nomination. Toomey Crapo Lee Mr. ISAKSON. Madam President, I Vitter any other Senators in the Chamber de- Cruz McConnell Wicker siring to vote? yield back all time. Enzi Moran The PRESIDING OFFICER. Without Fischer Paul The yeas and nays resulted—yeas 62, nays 35, as follows: objection, all time is yielded back. NOT VOTING—5 [Rollcall Vote No. 145 Ex.] Pursuant to rule XXII, the Chair lays Boozman Markey Sanders before the Senate the pending cloture Boxer Rockefeller YEAS—62 motion, which the clerk will state. The PRESIDING OFFICER. On this Ayotte Hagan Murkowski The legislative clerk read as follows: Baldwin Harkin Murphy vote the yeas are 58, the nays are 37. Begich Hatch CLOTURE MOTION Murray The motion is agreed to. Bennet Heinrich Nelson We, the undersigned Senators, in accord- f Blumenthal Heitkamp Pryor ance with the provisions of rule XXII of the Booker Hirono Reed Standing Rules of the Senate, hereby move EXECUTIVE SESSION Boxer Isakson Reid to bring to a close debate on the nomination Cantwell Johnson (SD) Sanders Cardin Kaine of Steven Paul Logan, of Arizona, to be Schatz Carper King United States District Judge for the District NOMINATION OF STEVEN PAUL Schumer Casey Klobuchar of Arizona. LOGAN TO BE UNITED STATES Chambliss Landrieu Shaheen Harry Reid, Patrick J. Leahy, Robert DISTRICT JUDGE FOR THE DIS- Collins Leahy Stabenow Tester Menendez, Christopher Murphy, Eliza- TRICT OF ARIZONA Coons Levin beth Warren, Cory A. Booker, Chris- Donnelly Manchin Udall (CO) topher A. Coons, Angus S. King, Jr., The PRESIDING OFFICER. The Durbin Markey Udall (NM) Richard Blumenthal, Jeff Merkley, clerk will report the nomination. Feinstein McCain Walsh Warner Amy Klobuchar, Dianne Feinstein, The assistant legislative clerk read Flake McCaskill Franken Menendez Warren Richard J. Durbin, Tom Udall, Sheldon the nomination of Steven Paul Logan, Gillibrand Merkley Whitehouse Whitehouse, Charles E. Schumer, Ed- of Arizona, to be United States District Graham Mikulski Wyden ward J. Markey. Judge for the District of Arizona. NAYS—35 The PRESIDING OFFICER. By unan- CLOTURE MOTION Alexander Cruz Lee imous consent, the mandatory quorum The PRESIDING OFFICER. Under Barrasso Enzi McConnell call has been waived. the previous order, there will be 2 min- Blunt Fischer Moran The question is, Is it the sense of the utes of debate prior to the vote on the Burr Grassley Paul Senate that debate on the nomination Coats Heller Portman motion to invoke cloture on the Tuchi Coburn Hoeven of Steven Paul Logan, of Arizona, to be nomination. Risch Cochran Inhofe Roberts United States District Judge for the Mrs. MURRAY. Madam President, I Corker Johanns Rubio Cornyn Johnson (WI) District of Arizona, shall be brought to ask unanimous consent that all time Scott a close? be yielded back. Crapo Kirk

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