[Congressional Record Volume 158, Number 61 (Thursday, April 26, 2012)]
[Senate]
[Pages S2760-S2761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



           Violence Against Women Reauthorization Act of 2011

  Mr. LEAHY. Mr. President, I know we are about to vote on these 
judges, but I wish to make a few remarks about the VAWA reauthorization 
before we do so.
  There are few tools more important in the fight to end domestic and 
sexual violence than the Violence Against Women Act. This landmark 
legislation has fundamentally changed the way society views these 
horrible crimes, and it has resulted in a more than 60 percent decrease 
in domestic violence offenses. We have been successful because we have 
learned from experience and adapted our efforts to better meet the 
needs of victims.
  Each reauthorization of VAWA has played a critical role in this 
process. As we learn more about the needs of victims, VAWA has been 
carefully modified to meet those needs. The bipartisan bill that 
Senator Crapo and I introduced last year continues that important 
process. The Republican substitute amendment does not.
  The Leahy-Crapo bill is based on months of work with survivors, 
advocates, and law enforcement officers from all across the country. We 
listened when they told us what was working and what could be improved. 
We took their input seriously, and we carefully drafted our legislation 
to respond to those needs. We made additional modifications and reached 
carefully crafted compromises through what was an open process. We also 
shared our draft with Senators from both sides of the aisle and 
proceeded openly to introduce the bill so that it could be reviewed and 
improved as the Judiciary Committee considered and voted on it.
  Senator Crapo and I purposely avoided proposals that were extreme or 
divisive and selected only those proposals that law enforcement and 
survivors and the professionals who work with crime victims every day 
told us were essential. Our reauthorization bill is supported by more 
than 1,000 Federal, State, and local organizations. They include 
service providers, law enforcement, religious organizations, and many, 
many more. There is one purpose and one purpose only for the bill that 
Senator Crapo and I introduced, and that is to help and protect victims 
of domestic and sexual violence. Our legislation represents the voices 
of millions of survivors and their advocates all over the country.
  The same cannot be said for the Republican proposal brought forward 
in these last couple of days. That is why the Republican proposal is 
opposed by so many and such a wide spectrum of people and 
organizations.
  The National Task Force to End Sexual and Domestic Violence Against 
Women, which represents dozens of organizations from across the country 
says:

       The Grassley-Hutchison substitute was drafted without input 
     or consultation from the thousands of professionals engaged 
     in this work every day. The substitute includes damaging and 
     unworkable provisions that will harm victims, increase costs, 
     and create unnecessary inefficiencies.

  Although well-intentioned by its lead sponsors, the Republican 
proposal is no substitute for the months of work we have done in a 
bipartisan way with victims and advocates from all over the country.
  I regret to say the Republican proposal undermines core principles of 
the Violence Against Women Act. It would result in abandoning some of 
the most vulnerable victims and strips out key provisions that are 
critically necessary to protect all victims--including battered 
immigrants, Native women, and victims in same sex relationships. The 
improvements in the bipartisan Leahy-Crapo Violence Against Women 
Reauthorization Act are gone from the Republican proposal. It is no 
substitute and does nothing to meet the unmet needs of victims.
  Mr. GRASSLEY. Mr. President, this afternoon we are considering two 
nominations for U.S. district judge positions in Texas. Gregg Jeffrey 
Costa is nominated to serve in the Southern District of Texas, while 
David Campos Guaderrama is nominated to serve in the Western District 
of Texas. Again, we are moving forward under the regular order and 
procedures of the Senate. With today's nomination, we will have 
confirmed 80 judicial nominees during this Congress. With the 
confirmations today, the Senate will have confirmed more than 75 
percent of President Obama's judicial nominations.
  While we are making progress in the Senate, we continue to hear 
complaints about the vacancy rate. I will again remind my colleagues 
that of the 81 vacancies, more than 58 percent of these vacancies have 
no nominee.
  These nominations came to the committee with the support of home 
State Senators. They were reported out of committee by voice vote. 
These nominees have exceptional records and demonstrate the type of 
consensus nominations that can be confirmed, even in a Presidential 
election year.
  Mr. Costa received his B.A. degree in 1994 from Dartmouth College. He 
graduated from the University of Texas School of Law in 1999. After law 
school, Mr. Costa clerked for the Honorable A. Raymond Randolph on the 
DC Court of Appeals from August 1999 to July of 2000 and then for Chief 
Justice Rehnquist from July 2001 to July 2002. Between his two 
clerkships, he worked as a Bristol Fellow in the United States 
Department of Justice, Office of the Solicitor General.
  In 2002, Mr. Costa joined the law firm Weil Gotshal & Manges as an 
associate. During his time at the firm, Mr. Costa

[[Page S2761]]

handled civil litigation matters including intellectual property, class 
actions, international arbitration, bankruptcy, and general commercial 
disputes. Mr. Costa also worked on appellate matters and a few pro bono 
cases as well.
  In 2005, he joined the U.S. Attorney's Office for the Southern 
District of Texas, Houston office, as an assistant U.S. attorney. Mr. 
Costa has worked in the criminal division of the office in the major 
offenders and major fraud sections, investigating and prosecuting 
matters in the areas of mortgage fraud, investment fraud, securities 
fraud, public corruption, Internet fraud, human trafficking, child 
pornography, and narcotics and firearms violations. As an AUSA, Mr. 
Costa also has handled numerous appellate matters before the U.S. Court 
of Appeals for the Fifth Circuit.
  In addition to prosecuting cases for the office, Mr. Costa serves as 
the deputy international affairs coordinator for the U.S. Attorney's 
Office. In this capacity, he helps coordinate incoming and outgoing 
requests on behalf of the Governments of Malaysia, Turkey, Columbia, 
Greece, France, and the United Kingdom. Mr. Costa also helps and 
provides guidance to other AUSAs on extradition matters. And in 2005, 
after Hurricanes Katrina and Rita, Mr. Costa served as the hurricane 
fraud coordinator for his office that investigated fraud cases relating 
to the Hurricanes. Mr. Costa's office prosecuted more than 100 
individuals for crimes such as government-benefit fraud, identify theft 
offenses, charitable fraud, and investment fraud.
  The ABA Standing Committee on the Federal Judiciary gave him a 
unanimous rating of ``well qualified.''
  We are also considering the nomination of David Campos Guaderrama, 
nominated to be U.S. district judge for the Western District of Texas. 
After graduation from Notre Dame Law School, Judge Guaderrama worked as 
a solo practitioner from December 1979 to August 1980. He then formed a 
partnership practice with his then wife. His practice focused on 
defending individuals in criminal cases, but he also handled some 
general civil, probate, and workers' compensation cases during this 
time. In 1987, he was appointed to serve as El Paso County's first 
public defender and was charged with starting up and developing an 
office that would be capable of handling at least 50 percent of all 
indigent felony cases.
  In November 1994, Judge Guaderrama was elected judge of the 243rd 
Judicial District Court of Texas. He was elected for a 4-year term and 
subsequently reelected on four occasions. During his term as a Texas 
District Court judge, he was instrumental in establishing the 243rd 
Drug Court Program and Access to Recovery Program. Both programs are 
aimed at helping rehabilitate defendants guilty of minor drug offenses 
through counseling and supervision, rather than incarceration. Also 
while on the 243rd Judicial District he served as chairman of a 
subcommittee that oversaw reform of the jury selection process that 
implemented mailing jury qualification questionnaires to potential 
jurors. He also piloted a program to use video conference technology to 
conduct arraignments.
  In 2008, Judge Guaderrama was an unsuccessful candidate for justice, 
Eighth Court of Appeals of Texas. In 2010, he was appointed by the U.S. 
District Court of the Western District of Texas to serve an 8-year term 
as a U.S. magistrate judge. He has an ABA rating of majority ``well 
qualified'', minority ``qualified.''
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Gregg Jeffrey Costa, of Texas, to be 
United States District Judge for the Southern District of Texas.
  Mr. LEAHY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Illinois (Mr. Kirk).
  The PRESIDING OFFICER (Mrs. Hagan). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 97, nays 2, as follows:

                       [Rollcall Vote No. 83 Ex.]

                                YEAS--97

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Paul
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--2

     DeMint
     Lee
       

                             NOT VOTING--1

       
     Kirk
       
  The nomination was confirmed.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Madam President, I ask unanimous consent that when the 
Senate resumes legislative session, the period for debate only on S. 
1925 be extended until 2:30 p.m. today, with the time equally divided 
between the two leaders or their designees and that I be recognized at 
2:30 p.m. today.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Under the previous order, the question is, will the Senate advise and 
consent to the nomination of David Campos Guaderrama, of Texas, to be 
United States District Judge for the Western District of Texas?
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motions to 
reconsider are considered made and laid upon the table. The President 
will be immediately notified of the Senate's action.

                          ____________________