[Congressional Record Volume 147, Number 178 (Thursday, December 20, 2001)]
[Senate]
[Pages S14033-S14034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                       UNFINISHED SENATE BUSINESS

  Mr. NICKLES. Mr. President, we are getting close to wrapping up this 
session. We did a lot of good things this year and some things we 
didn't get done. One thing we did not get done was passage of the 
stimulus package. That is unfortunate. It became way too partisan. It 
did not need to be. Recessions are not partisan. We have a lot of 
people out of work who need help. A lot of companies want to grow. We 
could have done that.
  Senator Grassley worked hard with the Bush administration. There was 
a lot of movement on this side of the aisle to help pass the stimulus 
package. It didn't happen. I regret that very much. We could have 
helped the economy, and we could have helped a lot of unemployed 
people.
  Senator Baucus mentioned earlier that he hopes when people come back 
they are less partisan and more intent on getting some positive results 
for the American people. That needs to happen. I hope we do not hear: 
Well, we cannot bring something out unless it passes two-thirds on our 
side. That does not belong in the Senate. The Senate is a deliberative 
body, and we should have a chance to try to pass things, and pass them 
by majority vote. Try to get something done, try to make a positive 
contribution toward helping the economy, not a strictly Democrat or 
Republican package, but a package that helps the economy.
  The House passed good legislation last night. Not perfect. Maybe we 
can improve upon it and help our economy and help the unemployed.
  As we wind down, there are several nominations that are pending that 
should be confirmed. It is not fair to this administration. It is not 
fair to some of these individuals who have been languishing, waiting to 
be confirmed with no action. There are five district court nominees, 
Federal judges. We have confirmed 27; if we do 5 more, that will be 32. 
During President Clinton's first year, we confirmed 27 of 47. President 
Bush nominated 60. We have confirmed 27, not quite half. We confirmed 
over half for President Clinton, and if you look at what we did for the 
first President Bush or what we did for Ronald Reagan, we confirmed 91 
percent of Ronald Reagan's judges and a much higher percentage for 
President Bush. We should confirm more than we have today. There are 
five on the calendar. There is no reason not to confirm these 
individuals. We all know they will be confirmed. Why not let them go 
ahead and assume their duties?

  We have a judge from Alabama, a judge from Colorado, a judge from 
Nevada, a judge from Texas, a judge from Georgia. We have judges from 
Democrat States and Republican States. Let's not hold these five 
individuals hostage. We can pass them tonight and I urge my colleagues 
to help do that.
  We also have four U.S. attorneys, from Alabama, New York, Arkansas, 
and one from New Jersey. They need to be confirmed. They should be 
confirmed.
  We have a couple of marshals who are pending. There is no reason why 
they should not be confirmed--actually just one marshal and one to be 
Chairman of the Foreign Claims Settlement Commission. Let's confirm 
these individuals. Let's do it tonight. Somebody says: Why are you 
doing it tonight? We confirmed more judges, more U.S. attorneys--all 
those are always done by voice votes.
  We have Janet Hale to be Assistant Secretary of Health and Human 
Services. Secretary Thompson is entitled to have his Assistant 
Secretary for Health and Human Services be confirmed. So I urge my 
colleagues to vote on that nomination or to approve that nomination.
  We also have a couple of other positions. We have James Lockhart III 
to be Deputy Commissioner of Social Security. That is an important 
position.
  In the Department of Energy, we have Michael Smith, actually one of 
my constituents. He happens to be secretary of energy of the State of 
Oklahoma. He has been nominated to be Assistant Secretary of Energy 
dealing with fossil fuels. Secretary Abraham is completing his first 
year and he doesn't have his Assistant Secretary dealing with fossil 
fuels. We are now importing about 58 percent of our energy needs and he 
doesn't even have an Assistant Secretary dealing with fossil fuels.
  One of the first bills we are going to be wrestling with next year is 
an energy bill. We have a commitment from the majority leader that we 
are going to take up energy early next year. That is great. You would 
think the administration would be entitled to have their Assistant 
Secretary to help the negotiations, to help prod Congress along. So I 
urge my colleagues to approve his nomination. He was reported out of 
the Energy Committee unanimously, as I believe Beverly Cook was, from 
Idaho, to be Assistant Secretary of Energy dealing with environment, 
safety, and health.
  Also Margaret S.Y. Chu, of New Mexico, to be Director of the Office 
of Civilian Radioactive Waste Management, Department of Energy.
  There is no reason why we cannot do most of these nominees. Most of 
these nominees passed by unanimous votes in the committees. Why can't 
we confirm these individuals?
  I urge Senator Daschle and Senator Reid and others to help.
  There are a couple of others who are very important. The Department 
of State, John Hanford. John Hanford is an individual with whom many of 
us worked in the Senate for years. He worked for Senator Lugar. He 
helped myself and others when we ended up passing the International 
Religious Freedom Act. Senator Lieberman was a principal sponsor of 
that, and Senator Specter. The administration nominated John Hanford 
III, of Virginia, to be Ambassador at Large for International Religious 
Freedom. When you think of the battles we have going on all across the 
world with religious freedom, and some of it is in Afghanistan and some 
in Pakistan and some in Sudan where you have individuals who are held 
captive, imprisoned, enslaved because of their religion, wouldn't it 
make sense for us to get our Ambassador at Large for International 
Religious Freedom confirmed so he can go to work and help protect and 
promote religious harmony and freedom throughout the world? Hopefully, 
his nomination will be confirmed tonight.

  We have several other people in the Department of State who were 
confirmed by the Foreign Relations Committee unanimously who should be 
confirmed tonight. Many of these were just reported by the committee, 
by Senator Biden. I thank him for doing that. I am looking at John Ong, 
who is to be Ambassador to Norway and John Price to be Ambassador 
Extraordinary to the Republic of Mauritius; Arthur Dewey, of Maryland, 
to be Assistant Secretary of State for Population, Refugees, and 
Migration.
  Some of these, again, were just reported out. I thank my colleagues. 
We should be able to get those through as well, not to mention Gaddi 
Vasquez, of California, to be Director of the Peace Corps.
  I mention these. These are not all. I did not mention Gene Scalia. I 
would really urge my colleagues--Gene Scalia has been on the calendar. 
He was nominated in, I believe, April, one of the earliest nominees of 
this administration, to be Solicitor of the Department of Labor. 
Secretary Chao is entitled to have a Solicitor. One of the most 
important positions in the Department of Labor is Solicitor. He has to 
make all kinds of rulings. It is very important that she have her 
Solicitor. I urge my colleagues, let's have a vote. If we cannot have 
it today, let's have it in January; let's vote up or down.
  Somebody said we may have to file cloture. I can think of several 
people, including the previous Solicitor of Labor, to whom many on this 
side might have had a philosophical objection, but we did not require 
cloture. You should not require cloture on most nominees. You should 
not require cloture hardly ever on nominees unless they are really out 
of the Main Street. We had a vote on Joycelyn Elders and I opposed that 
nomination very significantly, but it was an up-or-down vote.
  I think people are entitled to have a difference of opinion and have 
a debate. If we have a difference of opinion, let's discuss it. This is 
the Senate. But to not allow somebody to have a vote and hold their 
careers in limbo for an unlimited period of time, it is not fair to 
them, and I don't think it makes the Senate look very good.
  Again, I urge our colleagues to move forward on Gene Scalia, to move 
forward on some of these other nominees,

[[Page S14034]]

many of whom, I hope and expect to be confirmed tonight. I hope they 
will. I urge the leadership on the Democrat side to work with us and 
see if we cannot clear up as many nominees as possible, confirm as many 
nominees as possible on the Executive Calendar.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Ohio.

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