S1574 CONGRESSIONAL RECORD — SENATE March 16, 2010 also spoke repeatedly to Senate leaders minority is applying to many of Presi- recess as provided for under the pre- on both sides of the aisle and made the dent Obama’s district court nominees. vious order. I thank my colleagues on following proposal: Agree to immediate Democrats never used this standard the other side for their courtesy. votes on those judicial nominees that with President Bush’s nominees, The PRESIDING OFFICER. Without are reported by the Senate Judiciary whether we were in the majority or the objection, it is so ordered. Committee without dissent, and agree minority. In 8 years, the Judiciary The Senator from Alaska. to time agreements to debate and vote Committee reported only a single Bush Mr. President, I am pleased to join on the others. I have recently reiter- district court nomination by a party- my colleagues on the floor today to ated my proposal and urged Senate Re- line vote. That was the controversial discuss what none of us are the least publicans to reconsider their strategy nomination of Leon Holmes, who was bit happy to see happening in the U.S. of obstruction. There is no justification opposed not because of some litmus Senate. for these nominations to be dragged test, but because of his strident, intem- We were sent here by the people of out week after week, month after perate, and insensitive public state- our States to get work done. This month. ments over the years. During President means passing legislation and over- The last time the Senate considered Obama’s short time in office, not one, seeing the work of Federal agencies. judicial nominations was weeks ago. not two, but three district court nomi- It is difficult, if not impossible, for Indeed, on March 2, the Republican fili- nees have been reported on a party-line Federal agencies to do the work Con- buster and obstruction of the nomina- vote as Senate Republicans look for gress and the American people want tion of Justice Barbara Keenan of Vir- any reason to oppose every nomina- them to do if they spend months—in ginia to be a Fourth Circuit Judge had tion. I hope this new standard does not some cases, years—leaderless. It is im- to be ended by invoking cloture. Sen- become the rule for Senate Repub- possible for them to do their work if ate Republicans would not agree to de- they can hope that a momentary peace bate and vote on her nomination and licans. Of the 17 Federal circuit and district will break out in the Senate to allow the majority leader was required to court judges confirmed, 14 have been for confirmation of the presidential proceed through a time consuming pro- designee for their respective agency. cedure to end the obstruction. The confirmed unanimously. That is right. The delay and obstruction is so base- As Senators, we are endowed with a votes to end debate and on her con- constitutional responsibility to lend firmation were both 99 to 0. That nomi- less that when votes are finally taken, our advice and consent to the men and nation had been reported in October. they are overwhelmingly in favor and women a President nominates to run So after more than 4 months of stall- most often unanimous. There have agencies and parts of agencies. ing, there was no justification, expla- been only a handful of votes cast Career civil servants can do a lot. We nation or basis for the delay. That is against just three of President Obama’s would be lost without them. But they wrong. That was the 17th filibuster of nominees to the Federal circuit and do not have the authority, or the ac- President Obama’s nominations. district courts. One of those, Judge The 18 judicial nominees awaiting Gerry Lynch of the Second Circuit, countability to Congress and the Amer- Senate consideration are: Jane Stranch garnered only three negative votes, and ican people to accomplish what a of Tennessee, nominated to the Sixth 94 votes in favor. Judge Andre Davis of President selects them to do. Circuit; Judge Thomas Vanaskie of Maryland was stalled for months and Yet many of our colleagues on the Pennsylvania, nominated to the Third then confirmed with 72 votes in favor. other side of the aisle would deny Circuit; Judge Denny Chin of New Judge David Hamilton was filibustered President Obama any of his nominees. York, nominated to the Second Circuit; in a failed effort to prevent an up or I believe a President—the current Justice Rogeriee Thompson of Rhode down vote. President or any future President with Island, nominated to the First Circuit; So why all the obstruction and whom I am lucky enough to serve—is Judge James Wynn of North Carolina, delay? It is part of a partisan pattern. due a great deal of deference in his or nominated to the Fourth Circuit; Even when they cannot say ‘‘no,’’ Re- her selections for Senate-confirmable Judge Albert Diaz of North Carolina, publicans nonetheless demand that the positions. nominated to the Fourth Circuit; Senate go slow. The practice is con- For our Republican colleagues, it Judge Edward Chen, nominated to the tinuing. There have already been 17 would seem there is a belief that the Northern District of California; Justice filibusters of President Obama’s nomi- Federal Government should just not Louis Butler, nominated to the West- nees. That is the same number of Fed- function, certainly any government led ern District of Wisconsin; Nancy eral circuit and district nominees the by President Obama. Freudenthal, nominated to the District Senate has confirmed during the en- We have seen the slow-walking, the of Wyoming; Denzil Marshall, nomi- tirety of the Obama administration. indefinite—and indefensible—holds on nated to the Eastern District of Arkan- And that comparison does not include nominations for crucial national secu- sas; Benita Pearson, nominated to the the many other nominees who were de- rity positions. Only when Armed Serv- Northern District of Ohio; Timothy layed or who are being denied up-or- ices Chairman LEVIN took the unusual Black, nominated to the Southern Dis- down votes by Senate Republicans re- step of embarrassing colleagues who trict of Ohio; Gloria M. Navarro, nomi- fusing to agree to time agreements to were placing a hold for their home nated to the District of Nevada; Au- consider even noncontroversial nomi- State politics did a number of impor- drey G. Fleissig, nominated to the nees. tant nominees get reported out of our Eastern District of Missouri; Lucy H. I urge Senate Republicans to recon- committee. Koh, nominated to the Northern Dis- sider their destructive strategy and to There is still a hold by one of our Re- trict of California; Jon E. DeGuilio, work with us to provide final consider- publican colleagues—unbelievable as it nominated to the Northern District of ation without further delay to the 18 may seem—on the promotion of an Indiana; Tanya Walton Pratt, nomi- judicial nominees on the Senate Execu- Army general while our Nation is in- nated to the Southern District of Indi- tive Calendar awaiting final action. We volved in two wars. ana; and Jane Magnus-Stinson, nomi- can make real progress if they will join But the problem and the cynicism of nated to the Southern District of Indi- with us and we work together. Republican obstructionism is seen no- ana. Twelve of the 18 were reported The PRESIDING OFFICER. The Sen- where as obviously as in the judiciary. from the Senate Judiciary Committee ator from Virginia. There are currently 103 Federal judge without opposition; one had a single f vacancies. negative vote. The stalling and ob- Several nominees reported out of the struction should end and these nomina- EXTENSION OF MORNING Judiciary Committee have been denied tions should be considered by the Sen- BUSINESS votes in the Senate by Republican ate and voted upon without further Mr. WARNER. I thank my colleague ostructionism for almost 200 days. In delay. When they are, they, too, will be from Colorado. I ask unanimous con- some cases the judicial seat to be filled confirmed overwhelmingly. sent that 7 minutes of morning busi- has been vacant for years. I also want to highlight my concern ness be added to each side and at the It is clear that—even if they are in about the new standard the Republican end of that time, the Senate stand in denial about who was elected in 2008—

VerDate Mar 15 2010 02:33 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16MR0.REC S16MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 16, 2010 CONGRESSIONAL RECORD — SENATE S1575 our Republican colleagues have their up action on the floor of the Senate to Build America Bonds program by giv- sights set on 2012 and beyond, when carry out our constitutional respon- ing insurers of certain tax credit bonds they hope to have a huge number of sibilities to act on the President’s for school construction and alternative Federal court vacancies to be filled by nominations. energy projects the option of receiving a President more to their liking. This is denying the people of America direct payment of up to 65 percent of Obstruction of nominees hurts the the protections they are entitled to by the interest cost. The House bill would, functioning of the government our col- the courts and by agencies. It is wrong. in certain cases, reimburse up to 100 leagues have strived to be part of. If It is time for this practice to end. percent of a project’s interest costs. they continue to block qualified nomi- I yield the floor. The original Build America Bonds nees, our Republican colleagues only The PRESIDING OFFICER (Mr. program encouraged States to take further demonstrate their unwilling- BEGICH). The Senator from Arizona. greater risks. The bill we will consider ness to perform the duties for which Mr. KYL. I ask unanimous consent to tomorrow would make the problem they were elected and prove their dis- speak for 15 minutes. even worse. One of the lessons from the dain for the constitutional responsibil- The PRESIDING OFFICER. Without financial crisis is that people should ities with which they have been en- objection, it is so ordered. not borrow more than they can afford. trusted. f Unfortunately, it appears many of us I yield the floor. HIRE ACT have not taken this lesson to heart. The PRESIDING OFFICER. The Sen- There is a provision relating to high- ator from Maryland. Mr. KYL. Mr. President, we are going way extension. Rather than being a Mr. CARDIN. Mr. President, let me to be taking up the so-called HIRE Act straight extension of the current high- thank Senator WARNER for organizing starting tomorrow. I wish to address way authorization, this bill represents this presentation to point out the some of the problems with it since the a significant expansion of the Federal abuses the minority has used in block- procedure under which we have consid- Government’s funding for highway ing the responsibility of the Senate to ered this bill does not allow any projects. The highway piece first can- confirm appointments made by the amendments. As a result, we have no cels rescissions that were scheduled President. I believe in the right of the opportunity to fix problems that are under the last highway reauthoriza- minority. At times, it needs to be exer- inherent with the bill and will force me tion. It then permanently increases the cised. But it has been abused. The to vote against it. authorization levels for highway spend- American people need to know that be- The first provision that should be ing and permanently authorizes inter- cause it is affecting their rights and highlighted is the provision called the est payments from the general fund to the ability of agencies and the courts Build America Bonds. This was created the highway trust fund and authorizes to protect the rights of Americans. first in the 2009 stimulus bill. It offers a one-time transfer of $19.5 billion from Let me cite one number: 60 individ- a direct subsidy from the Federal Gov- the general fund to the highway trust uals the President has nominated for ernment to States and other govern- fund. important offices have been blocked in mental entities to cover their cost of Although not all of these costs will their confirmation votes on the Senate financing for certain kinds of projects. show up as increasing the deficit be- floor even though their nominations The House-passed bill expands this cause of the unique CBO scoring con- were approved by the committees ei- subsidy by allowing four current tax- ventions, all told, the highway exten- ther by voice vote or unanimous vote preferred bonds to qualify for the di- sion under this bill will add $46.5 bil- or by significant supermajorities. rect subsidy under this program and in- lion to the debt over the next 10 years These are just being delayed, when we creases the generosity of that subsidy and will authorize $142.5 billion in addi- now know the final outcome will be ap- to cover all of the borrowing costs for tional spending over the next 10 years. proval. As a result, Americans are education projects. This will mean an You hear the President talking about being denied judges on the courts and expansion of the already substantial not adding to the deficit. All of our col- administrators who can help enforce support the Federal Government offers leagues wring their hands and say: We their rights. for State and local governments, sup- have to somehow control Federal We have already heard the cir- port for which we taxpayers are then spending. Yet in this legislation we cumstances about our courts, how we responsible. The Federal Government take up tomorrow we add $46.5 billion have had to take to a cloture vote, gave $44 billion in extraordinary stim- to the debt over the next 10 years and which means floor time, for the nomi- ulus State aid last year and regularly then authorize an additional $142.5 bil- nation of Judge Keenan, who received spends $26 billion annually in sub-Fed- lion of spending over the next 10 years. 99 votes and no one in opposition. We eral Government subsidies through When will it stop? have two vacancies on the Fourth Cir- tax-exempt bond financing. This is a There is a provision of the bill that cuit right now. These appointments significant Federal expenditure for has some merit to it. It is called the have been approved overwhelmingly by which taxpayers will be responsible. payroll tax holiday, although I think the Judiciary Committee—Albert Diaz Here is the key problem, in addition the way it has been constructed is not and James Wynn—by votes of 19 to 0 to the additional exposure of tax- something we should do. This is the and 18 to 1. They have the support of payers: Because interest rates reflect most expensive piece of the bill. In Senators BURR and HAGAN. Yet they risks, States with poor credit ratings fact, the Congressional Budget Office have still not been brought to the floor that therefore pay higher interest rates has told us that it expects a provision for a vote. That represents a 20-percent would actually be rewarded under this similar to this to create five to nine vacancy on the Fourth Circuit, denying legislation due to the structure of jobs for each million dollars in budg- the people of my region their full rep- these bonds. For example, a State that etary cost in 2010. Since this provision resentation on the appellate court. issues $1 billion worth of debt paying a would cost approximately $13 billion by We are very proud of legislation we 5-percent interest rate would receive a using the CBO model, one would esti- have passed to help the disabled—the bigger direct payment from the Fed- mate that the provision would create ADA law—to guarantee gender pay eq- eral Government than a State issuing between 65,000 and 117,000 jobs this year uity with the Lilly Ledbetter law, and $1 billion worth of debt paying a 4-per- at a cost of $110,000 to $200,000 per job. genetic discrimination prohibition leg- cent interest rate. Thus, States with This sounds a lot like the stimulus bill islation. But it takes the EEOC to en- lower credit ratings could receive larg- to me, a very inefficient way to create force those rules. President Obama has er subsidies, which, of course, encour- jobs, if, in fact, they actually get cre- submitted four nominees for the EEOC. ages greater risk-taking and creates an ated. They have been approved by the com- incentive for States to issue even more The proposed payroll tax holiday mittee by voice votes, which means debt than they would have without the comes on the heels of the Senate- they are not controversial. Yet we can- subsidy. passed health care bill which actually not bring those nominations to the The so-called jobs bill would further increases the Medicare payroll tax floor for quick action because Repub- reward States with poor credit. The from 2.9 percent to 3.8 percent. This ac- licans are abusing their rights to hold Senate version of the bill expands the tually would relieve employers of an

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