[Congressional Record Volume 155, Number 81 (Tuesday, June 2, 2009)]
[Senate]
[Pages S5912-S5913]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             UNANIMOUS-CONSENT REQUEST--EXECUTIVE CALENDAR

  The ACTING PRESIDENT pro tempore. The Senator from New Mexico is 
recognized.
  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Senate 
proceed to executive session to consider Calendar No. 97, the 
nomination of Hillary Chandler Tompkins to be Solicitor of the 
Department of the Interior; that the nomination be confirmed; that the 
motion to reconsider be laid upon the table; that no further motions be 
in order; that any statements related to the nomination be printed in 
the Record; that upon confirmation, the President be immediately 
notified of the Senate's action; and that the Senate then resume 
legislative session.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. McCONNELL. Mr. President, reserving the right to object, and I 
will have to object, I would just say to my friend from New Mexico, we 
have not been able to get that nomination cleared yet on this side, but 
we will be consulting with the Republican colleagues and at some point 
let him know whether it is possible to go forward. Therefore, I object.
  The ACTING PRESIDENT pro tempore. Objection is heard.
  Mr. BINGAMAN. Mr. President, let me briefly describe the 
circumstances that caused me to make this unanimous-consent request. I 
am obviously disappointed there has been an objection raised to the 
confirmation of Ms. Tompkins. I am advised that one or more Republican 
Members have placed an anonymous hold on her nomination.
  The Solicitor of the Department of the Interior--the office to which 
the President has nominated Ms. Tompkins--is one of the most important 
posts in the Department of the Interior and one of the most important 
legal positions in our government. The Department of the Interior has 
broad authority over the administration and care of our public lands 
and natural resources. Its many offices and bureaus face daily a broad 
range of legal issues requiring special expertise in public land law, 
mining law, water rights law, Indian law, and wildlife law. The 
Solicitor is the Department's general counsel. She is solely 
responsible for the legal work of the Department. By law, all the legal 
work of the Department is performed under the supervision and direction 
of the Solicitor. She is responsible for the interpretation and 
application of the legal authority affecting all of the actions taken 
under the Department of the Interior's programs and operations.
  The job requires a deep knowledge of the law, professional 
experience, and sound judgment. In my view, the President has nominated 
such a person--a person with demonstrated ability and stature in this 
field in the person of Hillary Tompkins. She earned a law degree at 
Stanford University Law School in 1996. She served as a trial attorney 
in the Environment and Natural Resources Division of the Department of 
Justice, as a special Assistant U.S. Attorney in Brooklyn, as an 
associate in Sonosky Chambers, one of the Nation's leading law firms 
specializing in Native American law, as chief counsel to the Governor 
of New Mexico, and as an adjunct law professor at the University of New 
Mexico Law School.
  As chief counsel to Governor Bill Richardson, Ms. Tompkins 
demonstrated her ability to lead and manage a team of lawyers, to 
oversee the general counsels of multiple agencies, and to render sound 
legal advice and counsel.
  She will bring to the Solicitor's office considerable expertise in 
the areas of environmental, natural resources, water, and Indian law, 
as well as experience in the areas of constitutional law, 
administrative law, and the legislative process.
  In addition, Ms. Tompkins has a compelling personal story. She was 
born on the Navajo reservation, and although she was raised in New 
Jersey, she has not lost touch with her Navajo heritage. If confirmed, 
she will be the first Native American, and only the second woman, to 
hold the office of Solicitor.
  It is unclear to me why anyone would object to confirming Ms. 
Tompkins. She is clearly well qualified for the position. At her 
hearing in April and in the weeks since then, Senators on the other 
side of the aisle have expressed their concerns about departmental 
policies, over which Ms. Tompkins has had no control and no 
responsibility. Secretary Salazar has bent over backwards to address 
those concerns, and it is my understanding all of those concerns now 
have been addressed.
  In any event, Senators had chosen to place holds on David Hayes's 
nomination to be the Deputy Secretary of the Interior, rather than on 
Ms. Tompkins' nomination, pending resolution of their concerns. The 
holds on Mr. Hayes's nomination were lifted before the recess, and he 
and all of the other Department of the Interior nominees have now been 
confirmed. Only Ms. Tompkins' nomination is still being blocked.
  Many of the most pressing problems facing the Department of the 
Interior

[[Page S5913]]

are legal ones. During its final weeks, the previous administration 
took a number of controversial actions. In its rush to lock in those 
actions before it left office, the previous administration failed to 
give adequate consideration to various legal requirements. As a result, 
several of those actions have been overturned by the courts.
  Secretary Salazar has inherited this legacy and is doing his best to 
address these problems. But he needs a Solicitor. More than 4 months 
into the new administration, the Department of the Interior should not 
still be without its top legal officer. And Ms. Tompkins should not 
still be the victim of anonymous holds.

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