E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION Vol. 154 WASHINGTON, TUESDAY, JUNE 24, 2008 No. 105 Senate (Legislative day of Monday, June 23, 2008) The Senate met at 10 a.m., on the ex- U.S. SENATE, number of judges this afternoon, the piration of the recess, and was called to PRESIDENT PRO TEMPORE, exact number of which we don’t have order by the Honorable JON TESTER, a Washington, DC, June 24, 2008. worked out just yet, but we are going Senator from the State of Montana. To the Senate: to do three circuit court judges and Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby some district court judges. I have to PRAYER appoint the Honorable JON TESTER, a Sen- confer with Senator LEAHY on the The Chaplain, Dr. Barry C. Black, of- ator from the State of Montana, to perform number of district court judges. fered the following prayer: the duties of the Chair. I would also say to my friend the dis- Let us pray. ROBERT C. BYRD, tinguished Republican leader that I Grant, O God, that our lawmakers President pro tempore. spoke to Senator FEINGOLD this morn- may move forward today as those who Mr. TESTER thereupon assumed the ing regarding the FEC nominations, are heirs of eternal life. Give them the chair as Acting President pro tempore. and it appears very clear we should be wisdom to learn contentment with f able to do them today. In regard to Your purposes, enabling them to expe- that, I wish to underscore my desire— RECOGNITION OF THE MAJORITY our desire—to constitute the Federal rience the eternal here and now. As LEADER they move through this day with its Election Commission so it is working. Just a brief history, Mr. President. shades and shadows, give them free- The ACTING PRESIDENT pro tem- Before Memorial Day, there were four dom—not from difficulties but strength pore. The majority leader is recog- FEC nominations pending—two Repub- for the challenges that greet them. As nized. licans, two Democrats. At that time, they encounter setbacks, may they f we offered to confirm those nominees trust the unfolding of Your loving PROGRAM by unanimous consent. The Repub- providence. In the face of misfortunes, Mr. REID. Mr. President, we have a licans did not take me up on that offer. empower them to surrender to Your very busy schedule this week. We have There would have been five FEC Com- will. Lord, give them the humility to some work we need to complete. We missioners today had that been done. be more concerned about being on Your have, of course, FISA, the Foreign In- In fact, it would have been prior to side than recruiting You to be on their telligence Surveillance Act; we have that recess. There would have been side. the supplemental appropriations bill; enough to conduct all official business. We pray in Your sovereign Name. we have the tax extenders; we have There was a thought, I assume, on the Amen. Medicare we need to complete; and, of part of the Republicans that they f course, we are on housing today. Re- wanted a full six, and I understand garding that, following any remarks I that. So they rejected the offer I made. PLEDGE OF ALLEGIANCE make and those of the Republican lead- They wanted to wait until a replace- The Honorable JON TESTER led the er, we will return to the House message ment for the failed nomination of Hans Pledge of Allegiance, as follows: to accompany H.R. 3221, the housing re- von Spakovsky was received in the form legislation. There will be up to an Senate. I told the Republicans in De- I pledge allegiance to the Flag of the United States of America, and to the Repub- hour of debate equally divided and con- cember that von Spakovsky would not lic for which it stands, one nation under God, trolled between the two leaders or be approved by this body. Someone indivisible, with liberty and justice for all. their designees prior to a vote on the should have been cleared to replace motion to invoke cloture on the Dodd- him long before now. Nonetheless, I f Shelby substitute with respect to the pledged to swiftly move that new nomi- housing reform bill. Senators have nee, and we have done that. I implored APPOINTMENT OF ACTING until 10:30 a.m. today to file amend- my Republican colleagues to confirm PRESIDENT PRO TEMPORE ments to the Dodd-Shelby substitute. the four who were ready to go so there The PRESIDING OFFICER. The By virtue of the previous order, the would be five to restore the agency so clerk will please read a communication Senate will be in recess from 12:30 until it would be workable. That offer was to the Senate from the President pro 2:15 today for our weekly business not accepted. The new nominee has tempore (Mr. BYRD). luncheons. now been nominated, and we have The assistant legislative clerk read Mr. President, let me say a couple of waived both the hearing and the mark- the following letter: other things. We are going to do a up to speed this up. That makes good ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S5973 . VerDate Aug 31 2005 06:47 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S24JN8.REC S24JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5974 CONGRESSIONAL RECORD — SENATE June 24, 2008 on the pledge we made to swiftly re- ator KYL on behalf of Senator DEMINT. Calendar No. 624, Cynthia L. Bauerly; view the nominee, and we did that, I hope we can get that done. The House Calendar No. 625, Caroline C. Hunter; again without a hearing and without a is going to pass that today as a tem- and Calendar No. 626, Donald F. markup. porary extension. McGahn; and the nomination of Mat- As I discussed on Friday, Senator We also are going to bring before the thew S. Petersen, which is to be dis- FEINGOLD—I didn’t mention his name body, within the next 24 hours, the charged from the Rules Committee. at the time, but it is out in the press PEPFAR legislation. What is that? It I would further ask unanimous con- since then—would like to meet with is the AIDS legislation that the Presi- sent that the nominations be con- each of the nominees. That will be dent is in favor of and which we have firmed en bloc, the motions to recon- completed today. These meetings are been trying to move. It has been held sider be laid upon the table, the Presi- important to the Senator. He has the up on the other side by a Senator or dent be immediately notified of the right to do that. I certainly com- two, and we hope we can complete Senate’s action, and finally, the Senate pliment him for caring so much. Four that. Again, I will ask unanimous con- return to legislative session. of the five FEC nominations now pend- sent that be passed today. It is my un- The ACTING PRESIDENT pro tem- ing are relatively new to the Senate, derstanding, having spoken with Sen- pore. Is there objection? and it is certainly within Senator ator ENZI, that he and Senator BIDEN Mr. REID. Mr. President, reserving FEINGOLD’s right to speak with them have worked something out on that, the right to object, I hope in a matter prior to their confirmation. This is not and hopefully the Senator on the other of hours that we can agree to the con- unusual. So I look forward to com- side who is objecting to this will no sent request proposed by my friend, the pleting that, unless something comes longer object to it. distinguished Republican leader. I don’t know what time the last meeting up that I don’t understand, and we f should be able to do that today. It is is that Senator FEINGOLD has with the very important. RECOGNITION OF THE MINORITY last individual, but as soon as I get There has been some concern raised LEADER word on that, I will immediately come by my colleagues on the other side of The ACTING PRESIDENT pro tem- to the floor and accept the offer of the the aisle that the Democrats have set pore. The Republican leader is recog- distinguished Republican leader. So I out to delay this FEC being reconsti- nized. object. tuted so that the Democratic National The ACTING PRESIDENT pro tem- f pore. Objection is heard. Committee’s lawsuit against Senator FEC NOMINATIONS Mr. MCCONNELL. Mr. President, I MCCAIN may be heard in the court. The appreciate the comments of my good DNC sued MCCAIN, alleging that he vio- Mr. MCCONNELL. Mr. President, with regard to the Federal Election friend the majority leader, and I hope lated campaign finance laws in the we will be able to confirm these nomi- treatment of his primary campaign Commission, let me first say that my good friend the majority leader is cor- nees today. Also, hopefully the lawsuit funding. The court dismissed that suit by the DNC will not be filed today, fur- without prejudice, saying the DNC rect that I was not inclined to reconsti- tute the FEC with a three-to-two ther raising the suspicion that the needed to give the FEC 120 days to act delays of the majority were related to on its complaint before coming to Democratic majority, and that would have been, of course, the case had we facilitating that legal action.