[Congressional Record Volume 159, Number 68 (Wednesday, May 15, 2013)]
[Senate]
[Pages S3516-S3517]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                        Gina McCarthy Nomination

  Ms. WARREN. Mr. President, I want to start by thanking the senior 
Senator from Virginia both for advancing a nomination that we will vote 
on this afternoon and for his comments about Gina McCarthy. She is, as 
the Senator says, a quite remarkable person, and she will be a 
wonderful director of the Environmental Protection Agency. I very much 
appreciate the Senator's comments about her, and I know Ms. McCarthy 
does as well, and the people of Massachusetts do as well.
  I rise today to do something very simple. I ask my colleagues to give 
a simple vote to the President's nominee to head the Environmental 
Protection Agency. This is not fancy or ambitious, it is just a basic 
principle of good government in our constitutional system.
  When the Founders of our Republic came together to write the 
Constitution, they knew the President would need help in administering 
this great and expansive Nation. Without help, without a government 
that was staffed, justice would not be established, our common defense 
would be threatened, and the blessings of liberty we hoped to secure 
through our laws would go unfulfilled.
  The Founders of our Republic gave to the President the task of 
nominating individuals to serve and gave us the responsibility to 
advise on and consent to these appointments. For more than 200 years 
this process has worked. Presidents over the years have nominated 
thousands of qualified men and women who were willing to serve in key 
executive branch positions.
  The Senate has considered nominations in a timely fashion and taken 
up-or-down votes. Of course, there have been bumps along the way, but 
we have never seen anything like this. Time and again, Members of this 
body have resorted to procedural technicalities and flatout 
obstructionism to block qualified nominees.
  At the moment, there are 85 judicial vacancies in the U.S. courts, 
some of which are classified as ``judicial emergencies.'' That is more 
than double the number of judicial vacancies at the comparable point 
during President George W. Bush's second term. Yet right now there are 
10 nominees awaiting a vote in the Senate, and they have not gotten 
one.
  But that is not all. The nomination of the Secretary of Defense was 
held up for weeks and then filibustered. The nominee for the Secretary 
of Labor, Tom Perez, has been held up on an obscure technical maneuver. 
Then, of course, there is the determined effort to block Richard 
Cordray to head the Consumer Financial Protection Bureau--not because 
he is unqualified; in fact, he has received praise from industry and 
consumer groups alike. Even the Republicans who blocked him have 
praised his fairness and his evenhandedness. No, Rich Cordray is 
blocked because some Members of this body do not like the agency he 
heads. They know they do not have the votes to get rid of it or to 
weaken it, so instead they are holding the Director's nomination 
hostage.
  Now we get to Gina McCarthy. This past Thursday, the Senate 
Environment and Public Works Committee was scheduled to vote on Gina 
McCarthy's nomination to head the Environmental Protection Agency. 
Right before the scheduled vote, all the Republicans decided not to 
show up. Under Senate rules, that meant there was no quorum and thus 
the vote could not take place.
  The President has done his job. He named an outstanding nominee for 
the Administrator of the Environmental Protection Agency, Gina 
McCarthy. Gina has dedicated her professional life to the protection of 
our public health and to the stewardship of our environment. She was 
confirmed to her previous position at the EPA as Assistant 
Administrator for Air and Radiation by voice vote without objection.
  Just to be clear, this means most of the Members of this Chamber have 
already voted to approve her once before.
  Gina also has a long record of working effectively across party 
lines. She served under Republican and Democratic Governors alike, 
including working for Gov. Mitt Romney, the most recent Republican 
Presidential nominee. Her record in Massachusetts was stellar, and she 
has done all of us in the Commonwealth proud through her service in 
Washington.
  Gina herself has also done her job and more. She has answered a 
staggering 1,120 questions from the Environment and Public Works 
Committee. That is the largest number of questions ever asked of a 
nominee facing a Senate confirmation. To put this in some perspective, 
4 years ago the last confirmed Administrator of the EPA, Lisa Jackson, 
was asked 157 questions during her nomination process.
  When Congress convened in January, many of us, both veterans and 
newcomers, were concerned that this kind of obstructionism would 
persist in the new Congress. We pushed hard for changes to the 
filibuster rules. We understood passions on both sides of the issue, 
and we listened to our colleagues. Ultimately, the two sides reached a 
compromise, a compromise that many of us were concerned about, but it 
included a clear understanding that the Democrats would not make 
substantial changes to the filibuster and, in return, the Republicans 
would not abuse its use. But in the past 3 months, abuse has been piled 
on abuse. Republicans have prevented votes on judges, on agency heads, 
and on administration Secretaries.
  This is wrong. Republicans can vote no on any nominee they choose, 
but blocking a vote is nothing more than obstructionism. Blocking the 
business of government, the business of protecting people from cheating 
credit card companies, from mercury in the water or from unfair labor 
practices must stop.
  The President has done his job. Gina McCarthy has done her job. Now 
it is time for the Senate to do its job. Gina McCarthy deserves a vote.
  I yield the floor.
  The PRESIDING OFFICER. The senior Senator from New Hampshire is 
recognized.
  Mrs. SHAHEEN. I am here to join my colleague Senator Warren to also 
express my frustration about what is happening with the nominees to 
these critical agencies that are being held up by our colleagues on the 
other side of the aisle. As Senator Warren said very eloquently, last 
week the Republican members of the Senate Environment and Public Works 
Committee chose not to appear for the important business of considering 
the nomination of Gina McCarthy. They made this decision with only a 
few minutes' notice. As a result, this action prevented an already 
overdue vote from taking place as scheduled.
  The refusal to allow a vote on such fundamental business is 
unacceptable. The EPA conducts vital work to safeguard public health 
and protect our environment. Yet the agency has been without permanent 
leadership for months. It is the Senate's duty to act in a timely 
manner on these kinds of vacancies, and it is clear from Ms. McCarthy's 
impressive and expansive record that this nominee has earned and 
deserves a vote.
  I understand and I respect those Senators who feel they have to vote 
against a nominee for substantive reasons. However, this failure to 
even appear at last Thursday's meeting and take a vote shows an 
alarming level of disregard for the importance of permanent leadership 
at the EPA and for the

[[Page S3517]]

Senate's confirmation process. As Senator Warren said, committee 
Republicans have already asked Ms. McCarthy to answer over 1,100 
questions for the record, more than three times what any previous 
nominee for this position has faced. She has provided 234 pages of 
answers, and it is past time that the committee held a vote. We need to 
move forward on filling the position of EPA Administrator so the agency 
can resume addressing today's public health challenges in the most 
effective manner.
  Simply put, the type of obstructionism we saw last week has no place 
in this Senate, no place in our government, particularly for a position 
as critical as this one. In addition to its work to reduce harmful 
pollution at the national level, the EPA plays a vital role in 
safeguarding public health in our local communities.
  For example, in my State of New Hampshire, testing in 2009 revealed 
elevated levels of contaminants in the wells of homeowners living in 
the town of Raymond because of their proximity to a Superfund site. 
Following this discovery, we worked with the EPA, with the State 
Department of Environmental Services, and with the town of Raymond to 
find a solution that would address the health concerns because the 
families didn't have safe drinking water. With the EPA's support, the 
town has extended its water lines to ensure that these homeowners and 
their families can be provided access to safe clean drinking water.
  I had the opportunity to view the progress of this construction 
project in person last year. I applaud the EPA for working with 
communities on vital local priorities such as this.
  Communities across our country face public health challenges, and the 
EPA plays an important role in addressing these challenges. Even now we 
are working in New Hampshire in a similar situation where wells have 
been contaminated in the town of Atkinson.
  We can't continue to delay the Senate's responsibilities to provide 
agencies such as the EPA with the leadership they need to operate. With 
30 years of public service in a variety of roles, Ms. McCarthy has both 
the experience and the expertise to do the critical job of leading the 
EPA. Her expansive and lengthy career is rooted in working at the 
forefront of pressing environmental issues for leading New England 
Governors of both political parties.
  Most recently, Gina McCarthy served in Connecticut's Department of 
Environmental Protection under former Republican Gov. Jodi Rell. Before 
that, Ms. McCarthy served five different Massachusetts Governors, 
including Michael Dukakis and Mitt Romney--the Republican Party's own 
nominee for President in last year's election.
  These diverse work experiences on a broad range of environmental 
issues have provided Ms. McCarthy with the first-hand knowledge of 
environmental and public health challenges we face. They are evidence 
of her ability to work with people on both sides of the aisle to 
address the problems faced as we look at agencies such as the EPA.
  Ms. McCarthy was confirmed by the Senate to her current EPA post with 
overwhelming bipartisan support in 2009. That makes the boycott last 
week even more shocking. In her current role as the Assistant 
Administrator for the Office of Air and Radiation, Ms. McCarthy has 
worked with environmental advocates and industry leaders to reduce 
harmful emissions that threaten clean air. These efforts are 
particularly significant for downwind regions such as in New England, 
where we serve as the tailpipe to the rest of the Nation and suffer the 
effects of pollution from coal-fired powerplants in the middle part of 
the country. I am sure the Chair understands this issue.
  In recognition of her successful tenure, Ms. McCarthy has received 
widespread praise from a diverse group of industry leaders who 
recognize her ability to find common ground and compromise.
  Coming from New Hampshire, which is the second most forested State in 
the Nation, I know New Hampshire's forest products industry will 
benefit from an EPA Administrator with a strong reputation for 
constructive dialog. Following Ms. McCarthy's nomination, Donna Harman 
of the American Forest and Paper Association described her by saying: 
``She's very data- and fact-driven, and that's been helpful for us as 
well as the entire business community.''

  Leaders in an array of other sectors have voiced similar appreciation 
for the way in which Ms. McCarthy values finding common ground. Heaven 
knows we can use some common ground here.
  Robert Engel of the American Automotive Policy Council praised the 
care she takes in listening to stakeholders, saying:

       We look forward to continuing to work with Gina McCarthy. 
     She has demonstrated a willingness to consider the views of 
     those affected by the agency she has been nominated to lead, 
     and to find practical solutions to issues facing the 
     automobile industry.

  These words describe a public servant who understands the importance 
of listening, understanding, and bringing stakeholders together.
  I am confident Gina McCarthy will be an excellent leader of the EPA. 
She deserves fair consideration. She deserves a timely vote.
  I am pleased we received news that there will be a rescheduled vote 
later this week. I urge my colleagues across the aisle to move forward 
in good faith and give fair consideration to this nominee. The EPA must 
have a permanent Administrator who is an advocate for protecting public 
health and providing valuable support to our Nation's communities.
  I yield the floor.
  The PRESIDING OFFICER. The senior Senator from Montana is recognized.
  Mr. BAUCUS. Mr. President, what is the parliamentary procedure?
  The PRESIDING OFFICER. The Senate is considering the Tavenner 
nomination en bloc and at 4:30 p.m. unanimous consent to move to a 
vote.
  The Senator from Montana.
  Mr. BAUCUS. Mr. President, I would like to speak on another matter, 
as well as on the Marilyn Tavenner matter. Frankly, my remarks will 
take more than 4 minutes, so to what degree we can get the Senate to 
postpone votes, we will be working on that as I am speaking.