June 12, 2013 — SENATE S4357 The PRESIDING OFFICER. The ate and to strip the rights of the mi- The White House and the clerk will call the roll. nority. Back in 2011, Majority Leader leader don’t want to hear it. They want The legislative clerk proceeded to REID made a commitment not to use the Senate to rubberstamp the Presi- call the roll. the . dent’s nominees. The Democrats aren’t Mr. BARRASSO. I ask unanimous On the floor he said: happy with the rulings by the DC Cir- consent that the order for the I agree that the proper way to change Sen- cuit Court, and they want to avoid any call be rescinded. ate rules is through the procedures estab- more inconvenient questions about the The PRESIDING OFFICER. Without lished in those rules, and I will oppose any Obama administration. Democrats objection, it is so ordered. effort in this Congress or the next to change claim they want to change the rules to the Senate rules other than through the reg- f ular order. make things move more quickly, but He said this Congress or the next that is no excuse. Remember when the Congress, so that includes the Congress majority leader threatened the same Mr. BARRASSO. Mr. President, I drastic step a couple of years ago? One come to the floor today to talk about we are in right now today. It didn’t stop some of the members of of the Democrats who stood up to op- the advice and consent duties of the pose the current majority leader at the Senate. Our Constitution gives the his caucus from trying to force the nu- clear option again earlier this year. I time was former Senator Chris Dodd. Senate the responsibility to advise the was one of a bipartisan group of Sen- In his farewell speech in this body in President on high-level executive posi- ators—eight of us—who worked to- late 2010, this is what Senator Dodd tions and judgeships. The Senate is gether and negotiated, I thought, re- had to say: also asked to consent on those appoint- sponsible changes to Senate proce- I can understand the temptation to change ments to ensure that only those who dures. Our goal was to avoid the rush the rules that make the Senate so unique— are worthy of the public’s trust hold that would take drastic steps that and, simultaneously, so frustrating. But positions of such great power. The con- would damage this body and our coun- whether such a temptation is motivated by a firmation process is a way to protect noble desire to speed up the legislative proc- try forever. It was a fair agreement. the American people from nominees ess, or by pure political expedience, I believe It was also an agreement that we such changes would be unwise. who simply aren’t up to the job or to were told would rule out the use of the This was a Democratic Senator with the times we are in as a country. nuclear option. So Republicans agreed 30 years of service in the Senate. It is also an important opportunity to support two new standing orders and The reality is the pace of the Senate for the Senate to exercise oversight two new standing rules of the Senate. over the agencies and the policies of an Those changes were overwhelmingly can be deliberate. Extended debate and administration and to do this on behalf supported by Republicans as well as questioning of nominees is a vital tool of the American people. Let me repeat Democrats in this body. to help ensure the men and women who that. It is about exercising oversight In return, the majority leader again run our government are up to the job on behalf of the American people. gave his word he would not try to and are held accountable. This is one of the most important break the rules in order to change the Under the system some in the major- roles we play as Senators. This is one rules. Here is what he said a few ity want to impose, there will be less of the reasons our Nation’s Founding months ago on the Senate floor: ‘‘Any opportunity for political minorities to Fathers intentionally made the pace of other resolutions related to Senate question nominees. There will be less the Senate deliberate. They wanted to procedure would be subject to a regular government transparency. The faith of make sure there was free debate on im- order process.’’ the American people in their govern- portant subjects so we could give ap- He even added this included consider- ment will get smaller and smaller. propriate consideration to policies, to ations by the Rules Committee. There I believe it would be a terrible mis- laws, and to nominations. was no equivocating in the statement take for Democrats to pursue the nu- The Father of our Constitution, by the Democratic leader. There were clear option and an irresponsible abuse James Madison, explained the Senate’s no ifs, ands, or buts. This was January of power. From the beginning the role was ‘‘first to protect the people 24 of this year. Here we are again, less American political system has func- against their rulers.’’ than 5 months later, and we are having tioned on majority rule but with ‘‘First to protect the people against this same argument. strong minority rights. Democracy is their rulers’’ was the point of this Some Senate Democrats want to use not winner-take-all. Senator REID gave body. That is why, over its long his- the nuclear option to break the rules, his word. We negotiated in good faith tory, the Senate has adopted rules that to change the rules, and do away with earlier this year. We reached a bipar- provide strong protections for political the right to extended debate on nomi- tisan agreement to avoid the nuclear minorities. nations. This would be an unprece- option. Using the nuclear option on Lately some in the majority have de- dented power grab by the majority. It nominations now would unfairly dis- cided the American people shouldn’t would gut the advice and consent func- regard that agreement. If Democrats ask so many questions and the minor- tion of the Senate. It would trample break the rules to change the rules, po- ity shouldn’t have so many rights. the rights of the minority. It would de- litical minorities and all Americans Here is a little perspective on the con- prive millions of Americans of their will lose. versation we are having today. Over right to have their voices heard I yield the floor. the last 6 years Majority Leader REID through their representatives here in The PRESIDING OFFICER (Ms. has taken an unprecedented stand Washington. The nuclear option would HEITKAMP). The Senator from Iowa. against the rights of the minority in irreparably change this institution. Mr. GRASSLEY. I listened to my col- this body. He has done it through pro- Republicans have raised principled league from Wyoming. He states it cedural tactics such as filling the objections to a select few of the Presi- very well. I have come to the floor for amendment tree on bills and bypassing dent’s nominees. In other cases, such roughly the same reason, but I don’t committees using something called as the DC Circuit Court, we simply know how many times you have to say rule XIV of the Senate rules. Those want to apply the standard the Demo- it, because I think basically what the techniques may make it easier for the crats had set, that the court’s work- Senator from Wyoming was saying, and majority leader to get what he wants, load doesn’t justify the addition of what I want to say is it is very difficult but they shut many Senators out of three more judges. to reach agreements in the Senate. But legislating, and they shut out the The President claims his nominees when you reach an agreement, particu- Americans we represent, Democrats as have been treated unfairly. Even the larly only if it involves two Senators well as Republicans. Washington Post’s Fact Checker said but particularly if they are leaders of At the beginning of the last Congress the President’s comments were untrue. the Senate, a person’s word is his bond. and again at the start of this Congress, The other day the Post Fact Checker That bond ought to be kept—as far as there was an attempt to use the so- gave the President not just one but two I know, always kept. At least that has called nuclear option and to use it to Pinocchios for his claims about Repub- been my relationship with fellow Sen- radically change the rules of the Sen- lican delays on his judicial nominees. ators. You say you are going to do

VerDate Mar 15 2010 23:43 Jun 12, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.010 S12JNPT1 rfrederick on DSK7TPTVN1PROD with SENATE S4358 CONGRESSIONAL RECORD — SENATE June 12, 2013 something and you continue that until there is some talk around this institu- continue discussing what my good it is successful. So here we are, no Sen- tion of changing the rules—something friend from Iowa was talking about. ator has not kept their word yet, but to do with nominations and particu- There is a reason for the Senate. we hear this threat. So I come to the larly judicial nominations not moving There are times when it is hard to fig- floor to give my comments on it. fast enough—I am in the middle of that ure out exactly what that reason is, At the beginning of this Congress, as of the Judiciary with the lack of activity we have seen the majority and minority leaders Committee. So far this year, we have in the last couple of years, but that has reached an agreement as to how to pro- confirmed 22 lower court nominees, very little to do with the rules of the ceed with rules changes. An agreement with two more scheduled for this week. Senate. It has a lot to do with the Sen- was reached. We agreed to two rule That is more than double the number ate not following its regular order, its changes: One change to the standing of judges who were confirmed at this regular procedures. In fact, when we rules and one to the standing order. point during the previous President’s have done that, whether it was the Senate Republicans gave up certain second term—President Bush. highway bill or the Federal Aviation rights and protections in those rules With the nominations this week, we Act or the farm bill, we have always changes. That was the first part of the have confirmed 195 of President produced a successful piece of legisla- agreement. In exchange for these rules Obama’s nominees as lower court tion. changes, the majority leader gave his judges. We have defeated only two. The Senate works when we let the word to Republican Senators he would That is a batting average of 99-plus Senate work. The Senate works when not utilize what is called around here percent. I don’t know how much better people are allowed to bring differing and around this town the ‘‘nuclear op- we can get unless it is expected the points of view to the Senate floor. tion’’ and not use it during this Con- Senate will not raise any questions Frankly, one of the reasons to be in the gress. about anybody appointed by any Presi- Senate is to have the ability to not Let me review the exact wording of dent to the judgeships of our country. only bring those ideas to the floor but that agreement as it is recorded for The claim we are obstructing nomi- to have a vote on those ideas; to let the history in the CONGRESSIONAL RECORD. nees is plainly without foundation. I American people know where we stand This year, on January 24, 2013, the fol- have cooperated with the chairman of and to let the people in the States we lowing exchange took place in the Sen- the Judiciary Committee in moving represent know where we stand. The ate. Senator MCCONNELL stated: forward on consensus nominees, and on idea the Senate is now afraid of the the Senate floor there has been a con- Finally, I would confirm with the majority amendment process is a great obstacle leader that the Senate would not consider sistent and steady progress on judicial to the Senate getting its work done. other resolutions relating to any standing nominations. Yet it seems as if the ma- Another obstacle is constantly talk- order or rules in this Congress unless they jority is intent on creating a false cri- ing about changing the Senate rules. went through the regular order process? sis in order to effect changes in long- The Senate rules have served the Sen- The majority leader replied: standing Senate practices. They are ate well for a long time and served the This is correct. Any other resolution re- now even threatening—can you believe country well. The Senate rules are lated to Senate procedure would be subject this—to break the rules to change the what define the Senate in giving indi- to a regular order process, including consid- rules. Again, I hope the majority leader vidual Senators abilities they wouldn’t eration by the rules committee. keeps his word. We have certainly otherwise have. This is the only body In fact, the majority leader gave his upheld our end of the bargain. like it in the world where a bare major- word at the beginning of the last Con- May I inquire of the Chair how many ity can’t do whatever it wants to do. If minutes are remaining for the minor- gress as well. He stated: that is the way we want to govern the ity in ? The minority leader and I have discussed country, we have one of those bodies this issue on numerous occasions. I know The PRESIDING OFFICER. The Re- publicans control 15 minutes. already. It is called the House of Rep- that there is a strong interest in rules resentatives, where the majority abso- changes among many in my caucus. In fact, Mr. GRASSLEY. Fifteen minutes I would support many of these changes more? lutely rules, where the Rules Com- through regular order. But I agree that the The PRESIDING OFFICER. The Sen- mittee has nine members representing proper way to change Senate rules is ator is correct. the majority and four members rep- through the procedures established in those Mr. GRASSLEY. In regard to this resenting the minority. rules and I will oppose any effort in this Con- whole issue about the Senate as an in- I was the whip in the House for a long gress or the next to change the Senate rules stitution and where I said if this nu- time—the chief vote counter in the other than through regular order. clear option holds it is going to destroy House—and I can tell you that nine al- Let me just say when a Senator the Senate, I think it is very appro- ways beats four. It is not just 2 to 1, it reaches an agreement and gives his priate for us to remember the Senate is is 2 to 1, plus 1. That is a body where word that he will stick to that agree- the only institution in our political the majority has incredible capacity to ment, that should mean something branch of government where minority do whatever the majority wants to do. around here. As far as I am concerned, views are protected. In the House of That is not the way the Senate is sup- it means something all the time. I Representatives, whether it is a Repub- posed to work. don’t think I have been subject to en- lican majority or a Democratic major- We started off this year trying to tering an agreement with a colleague ity, as long as they stick together, agree on how to move the Senate for- that hasn’t been kept. they can do anything they want to and ward in an agreeable and effective way, Let me emphasize something further. they can ignore the minority. But in and now we are right back, every day There was no contingency on that the Senate, where it takes a super- now, hearing: We are going to have to agreement. Republicans agreed to a majority of 60 to get something done, think about changing the rules. When change in the rules, and the majority whether there is a Republican or we hear the majority leader talking leader gave his word he would not in- Democratic minority, that minority is about changing the rules, it usually is voke the so-called nuclear option. That protected. not a good indication we will be pre- was the extent of the agreement, pe- Today, where we have 54 Democrats pared to get anything done. riod. I trust the majority leader will and 46 Republicans, nothing is going to The two leaders, when we started keep his word and his commitment. If get done unless it is done in a bipar- this year, agreed on a plan to make he pulls back on that commitment, it tisan consensus way, and that is why it sure the Senate wouldn’t unilaterally will irreparably damage the Senate. is so very important we do not destroy change the rules; that we would break Moreover, the notion there is now a that aspect of the uniqueness of the the rules to change the rules. The crisis that demands another rules Senate. thing we would have to do to change change is completely manufactured. I yield the floor. the rules is to break the rules, because The minority leader has spoken about The PRESIDING OFFICER. The Sen- the rules, once the Senate is con- the culture of intimidation. I am trou- ator from Missouri. stituted, can’t be changed by just a bled it is finding its way into the Sen- Mr. BLUNT. I thank the Chair for the majority of Senators. It takes more ate. For the record, in regard to why opportunity to speak, and I wish to than that.

VerDate Mar 15 2010 23:43 Jun 12, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.014 S12JNPT1 rfrederick on DSK7TPTVN1PROD with SENATE June 12, 2013 CONGRESSIONAL RECORD — SENATE S4359 We created two new ways for the ma- began in January—the Senate has ap- imagine a Secretary of State who can jority leader—not the minority leader proved 22 of the President’s lifetime be confirmed quicker than 7 days after but for the majority leader—to expe- appointments. Twenty-two people on that person was nominated. dite Senate action. We gave new pow- the Federal bench for the rest of their The Administrator for the Centers of ers to the leader. One of these rules lives, that is already happening this Medicare & Medicaid Services was con- changes passed 78 to 16. The other one year. At a comparable point in Presi- firmed 91 to 7. The Chair of the Securi- passed 86 to 9. These changes gave the dent Bush’s second term the Senate ties and Exchange Commission was majority ways to consider nominations had approved only five of his judicial confirmed by a voice vote. Yet in spite and legislation and going to con- nominees. of all of that, we are being told by the ference. The minority agreed, under In the last Congress, President White House and by others that some- certain circumstances, the ability to Obama had 50 percent more confirma- how the Senate’s record on these nomi- engage in debate could and would be tions than President Bush; 171 of his nations is worthy of an unprecedented limited. nominees were confirmed. His prede- rules change, and that rules change But now we are back again having cessor had 119 under similar cir- would shut out the rights of the minor- the same discussion. The only way the cumstances, a time when the Senate ity to fully review and debate, particu- majority leader would be able to get was also dealing with 2 Supreme Court larly, lifetime judicial nominations. what he apparently wants would be to nominees who, by the way, also serve The very essence of the constitu- break the rules. There are enough rules for life. tional obligation of the Senate is to being broken, in my view, in Wash- I think in the first term of President look at these nominations and decide ington right now. One of the problems Obama the Senate made the kind of whether these people should go onto we face is that the country, frankly, progress one would expect the Senate the Federal bench for the rest of their does not trust their government. When to make on these important jobs. In lives. we look across the board, from the IRS fact, President Obama has had more I am hopeful that the majority leader to what happened in Benghazi, to what district court confirmations than any will keep his word to the Senate and to the NSA has said in answering about President in the previous eight Con- the American people and ensure that the retaining of records, we don’t need gresses. One would think that would be we move onto this debate that should to do yet another thing to convince a pretty good record on the part of the happen—didn’t happen in January—and people there is a reason they should Senate doing its job. instead of changing the rules, we do not believe what people in the govern- The Constitution says the President what we are supposed to do and do it in ment say. nominates but, it says, the Senate con- a way that meets our obligations as a Let’s look at a few things the major- firms. In my view, those are equally Senate and our obligations to the Con- ity leader said on the Senate floor over important jobs. In fact, one could stitution. Let’s not break the rules to the last couple of years. On January of argue that the last job, the one that change the rules. Let’s get on with the 2011—January 27, to be exact—Mr. REID actually puts the judge on the bench, is important business that is before us said: even more important than the first job. rather than going back to the business I agree that the proper way to change the Overall, the Senate has confirmed 193 we have dealt with months ago. Senate rules is through the procedures estab- lower court judges under President I yield the floor. Obama and defeated only 2. The Wash- lished in those rules, and I will oppose any f effort in this Congress or the next to change ington Post cited the Congressional the Senate rules other than through the reg- Research Service conclusion that from CONCLUSION OF MORNING ular order. nomination to confirmation, which is BUSINESS That was January of 2011. Mr. the most relevant indicator, President The PRESIDING OFFICER. Morning MCCONNELL, in January of this year, Obama’s circuit court nominees were business is closed. said on the Senate floor—January 24: being processed about 100 days quicker f I would confirm with the majority leader than those of President Bush. Presi- that the Senate would not consider other dent Bush’s nominees took about a BORDER SECURITY, ECONOMIC OP- resolutions relating to any standing order or year, 350 days. President Obama’s take PORTUNITY, AND IMMIGRATION rules in this Congress unless they went about 100 days less than that. MODERNIZATION ACT through the regular order process? Let’s look at the other side of nomi- The PRESIDING OFFICER. Under That was Senator MCCONNELL’s ques- nations. There is a difference in the ex- the previous order, the Senate will re- tion. In response, Senator REID said: ecutive nominations, I believe, because sume consideration of S. 744, which the That is correct. Any other resolutions re- they are only likely to serve during the clerk will report. lated to Senate procedure would be subject term of the President and not exceed The legislative clerk read as follows: to a regular order process, including consid- that. I think that creates a slightly dif- A bill (S. 744) to provide for comprehensive eration by the Rules Committee. ferent standard. The process on these immigration reform and for other purposes. I am on the Rules Committee, and we nominations has been pretty extraor- Pending: are not talking about any rules dinary in any view. If anything, the changes in the Rules Committee, which Leahy/Hatch amendment No. 1183, to en- Obama administration has had more courage and facilitate international partici- Senator REID said in January of this nominations considered quicker than pation in the performing arts. year would have to be part of looking the Bush administration. Grassley/Blunt amendment No. 1195, to at that. The Secretary of Energy was re- prohibit the granting of registered provi- Of course, a lot of the discussion is: cently confirmed 97 to 0. The Secretary sional immigrant status until the Secretary The nominations are taking too long. of the Interior was confirmed 87 to 11; has maintained effective control of the bor- But these are important jobs, and there the Secretary of the Treasury, 71 to 26. ders for 6 months. is a reason they take so long. In par- Those are substantial votes done in a The PRESIDING OFFICER. The Sen- ticular, judicial nominees serve for the substantial time. The commerce com- ator from Vermont. rest of their lives. They are going to mittee that I am on just this week Mr. LEAHY. Madam President, what serve well beyond, in most cases, the voted out three nominations the Presi- is the parliamentary situation? President who nominates them. So dent had made with no dissenting votes The PRESIDING OFFICER. The Sen- they have taken a long time for quite to report that nomination to the floor. ate is on S. 744. a while. The Director of the Office of Manage- Mr. LEAHY. Is there a division of I would think the facts are clear the ment and Budget was confirmed 96 to 0. time? Senate is treating President Obama’s The Secretary of State was confirmed The PRESIDING OFFICER. There is judicial nominees fairly and, in some 94 to 3, only 7 days after the Secretary no such division of time. ways, even better than they treated of State was nominated. Members of Mr. LEAHY. Madam President, I sug- President Bush’s nominees. the Senate knew the Secretary of State gest the absence of a quorum. Already in this Congress, the Sen- pretty well. It was easy to look at that The PRESIDING OFFICER. The ate—in this Congress, the one that in a quick way, but it is pretty hard to clerk will call the roll.

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