[Congressional Record Volume 159, Number 158 (Thursday, November 7, 2013)]
[Senate]
[Pages S7909-S7920]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DRUG QUALITY AND SECURITY ACT--MOTION TO PROCEED--Continued
The PRESIDING OFFICER. The Senator from Indiana.
[[Page S7910]]
Veterans Day
Mr. DONNELLY. Mr. President, on Veterans Day we come together to
honor the brave men and women who have given so much to defend our
country and protect our freedoms. I think of so many veterans,
including my dad, who served in the U.S. Navy. I want to take this
opportunity to say thank you to our country's veterans, and the nearly
500,000 veterans in the State of Indiana, for your service to the
Nation.
Veterans Day is also a chance to reaffirm our country's commitment to
caring for veterans and their families. While it is important to say
thank you to veterans, it is even more important to express our
gratitude through action for all generations of veterans.
There are several ongoing efforts in my office that I would like to
share with everyone. I have been a proud supporter of the Veterans
History Project through the Library of Congress, and it has done an
outstanding job in leading this effort. We have so much to learn from
our veterans, and it is vital that we record their stories and
experiences for future generations. I urge veterans of any conflict to
contact our office if you would like to share your story. We stand
ready to give Hoosiers information on this important project, and
please contact us at any time if you would like to participate.
Additionally, there are Hoosier veterans of Vietnam and other wars
who still have not received, or have lost over the years, their honors
or their medals that they earned for heroism. Now is the time to
resolve these cases.
I am so deeply honored this Veterans Day to be handing to four
Hoosier veterans--Mr. Michael Hodgson, Mr. Canard Terhune, Mr. Jim
Horn, and Mr. Julian Quarnstrom--the many medals and ribbons they were
awarded for their service and bravery but still have not received.
I also believe it is important to honor veterans from all conflicts,
which is why earlier this year I introduced a bill that would authorize
the construction of a National Desert Storm and Desert Shield Memorial
at no cost to the government. The men and women who fought in the first
gulf war, especially those who gave the ultimate sacrifice, deserve to
have their service memorialized.
Now we have a new generation of veterans. They have returned home
from Iraq and Afghanistan, and many of them are still coping with
readjusting to civilian life. They have experienced health challenges,
including traumatic brain injuries and post-traumatic stress disorder.
These incredible challenges have resulted from their service and their
dedication to our country. Our veterans have earned the best care we
can provide, and this includes access to timely and quality medical
care. It is both our challenge and our priority to ensure a smooth
transition and to effectively treat any health conditions linked to
their service efforts.
In particular, I am dedicated to addressing the problem of military
and veteran suicide. If you are in need of or know of a servicemember
or veteran who has challenges and who is in need, please know that
seeking help is a sign of strength, not a sign of weakness, and from
that strength there is always help that is available.
I am also committed to addressing the backlog in benefits claims, one
of the significant challenges facing the Veterans' Administration. Wait
times for benefits claims are at an unacceptably high level.
In the VA regional office in Indianapolis, Hoosiers play a critical
role in processing claims to eliminate the backlog. I thank them for
their public service, their hard work, and urge them to continue to do
whatever they can to reduce that wait time so benefits may be received
more promptly.
While I know the Secretary of Veterans Affairs, General Shinseki, is
fully committed to solving this problem, more must be done. I stand
ready to work together with my colleagues to provide the VA the tools
it needs to accomplish this goal, reduce the wait times, and take even
better care of our veterans.
In addition to ensuring care and benefits for our veterans, I believe
economic opportunity is equally important. When I ask servicemembers
what we can do for them, they always have the same answer: We just want
to make sure there is a good job to come home to and a good job that
can help take care of our families when we do.
A quality education and gainful employment give our veterans the
chance to fulfill the American dream, and it helps fulfill our
responsibility in supporting our veterans. That is where all of us come
in. As one of Indiana's U.S. Senators, I am always looking for ways to
improve the transition from military to civilian life. Let's make sure
our trade schools and universities welcome our veterans with open arms.
To our business owners, thank you for all of the veterans you have
hired, and I urge you to hire even more. Veterans have many skills that
can translate to a variety of positions, they have a strong commitment
to quality and service, and you can always rely on our veterans.
Hoosiers in every community, please welcome back our brave men and
women--whether it is in your neighborhood, whether it is at the local
restaurant, whether it is at your child's school, or whether it is at
church on Sunday.
On Veterans Day, and every day, let us honor America's veterans by
cherishing the freedoms they have defended. Our country is grateful for
all you have done for all of us. You have given us our safety, our
freedom, and our liberty. Thank you.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arkansas.
Manufacturing Jobs
Mr. PRYOR. Mr. President, I rise today to talk about an important
initiative that is not only important to my State of Arkansas but
important to our entire Nation, and that is manufacturing. This country
is an economic powerhouse, and we are certainly a manufacturing
powerhouse. There is an important initiative that is being put together
here in the Senate called the Manufacturing Jobs for America
campaign. I think so far we have maybe 21 colleagues, maybe 22, or
maybe even more who are in support of this effort. I encourage others
to look at it.
We see a lot of manufactured crises here in Washington. It may be the
farm bill or the government shutdown or the near debt default. Those
are all just kind of manufactured by the Congress. But I am glad to see
we have 21 or 22 or 23 colleagues here who are ready to turn off the
``my way or the highway'' politics and turn down the rhetoric and
really focus on what our No. 1 priority should be, which is jobs and
the economy, because if we didn't learn anything else from the shutdown
and some of those high-wire act politics of the last few weeks,
hopefully we learned that if we want to get anything done in
Washington, we need to work together. That is the bottom line. That is
what this package of bills and this initiative are intending to do. If
we really want to create jobs and if we really want to make a
difference for the U.S. economy, we have to reach across the aisle.
There are many bright spots in the Congress. Listen, we know we have
been through the ringer. We know how difficult this recession was. It
was the hardest economic downturn in my lifetime and most of our
lifetimes, the hardest economic downturn we have ever seen since we
have been alive, but we are coming out of it.
There are many bright spots in the economy. Yes, we get good economic
news pretty much every day, and we also get some mixed economic news
pretty much every day. So it is not happening as fast as we would like
it to, and it is not happening in every sector of the economy and in
every section of the country as we would like it to, but it is
happening.
One of those bright spots is manufacturing. Last year manufacturing
contributed $1.87 trillion to our economy--$1.87 trillion in
manufacturing. That is how much of a difference it made in our economy.
There are 17.2 million U.S. jobs; that is, jobs in this country, and 1
in 6 private sector jobs is tied to manufacturing. It also provides a
very strong return on the investment we make. So if we invest $1 in
manufacturing, it adds $1.48 back into the economy.
America is a powerhouse when it comes to manufacturing, and we need
to keep it that way. Everybody knows--look at all the studies--the
United States is the world's largest manufacturing economy. In fact, if
we just took manufacturing and put everything else on the side, the
United States would still be the 10th largest economy in the world just
based on our
[[Page S7911]]
manufacturing. We are a powerhouse, but we can do more, we can do much
more, and we should.
We need to fight hard to make sure that ``Made in America'' remains
the gold standard. We want it to be the thing everybody wants to see in
every market. ``Made in America'' means something. It also means
something here because the investment is here, the workers are here,
and the productivity is here. It is good for GDP, et cetera. We want to
make sure manufacturing remains what it has always been. That is why
today I offer my public support for this Manufacturing Jobs for America
campaign, and it is why I have supported a lot of provisions in the
past. Most of them have been bipartisan efforts where we have reached
across the aisle to try to work with my Republican colleagues on all
kinds of issues, including the America COMPETES Act and the America
COMPETES reauthorization efforts. I am totally for them. I think they
are good initiatives.
One of them we have talked about is the national strategic plan for
advanced manufacturing. Advanced manufacturing is a little different
from traditional manufacturing. We need to make sure that we are
strategic and focused and that we know what we are talking about, as
with angel investors. A lot of times people think investment just
happens. A lot of times it does, but sometimes, if we can give that
little nudge to angel investors, they can invest and make a huge
difference in those companies and they can touch millions of people's
lives. We have seen that in our State of Arkansas, and that resulted in
some real success stories.
Then, if we can bring it back down to a really small scale, one of
the initiatives I have supported over the years is the small business
startup savings account. People can take a certain amount of money from
a paycheck, put it in a savings account tax-free--kind of like an IRA
or a fund like that--put it in that savings account and use it to start
a business or somehow grow the business. They never get taxed on it.
They can cash it in at some point and use it to start a business. That
is good for savings, it is good for the economy, and it is good to get
these small businesses started. Everybody knows as well as I do that
when someone walks into a lender, a bank, and they have, say, $10,000,
$20,000, or $30,000 saved, that gives them a big advantage when they
need a loan for the rest of the money. So that is a win-win across the
board.
Again, I support working on this commonsense package of bills that
really accomplishes four goals: First, strengthening our manufacturing
sector; second, leveling the playing field for American companies;
third, helping startups get access to capital; and fourth, enhancing
innovation, competitiveness, and trade opportunities for businesses
here at home. Various Senators in the Chamber have different ideas on
how we accomplish them, but I think we can all agree on those goals. If
we work together, we really can make a great difference for our Nation.
One of the reasons why coming out of this sluggish economy has been a
little more slow than we would have liked is because we don't have as
many manufacturing jobs as we used to. Although the number is on the
rebound and it is growing, we all know we have lost a lot of
manufacturing jobs in the last couple of decades. But we are back. It
is because of energy. It is because of the trained workforce. It is
because of our efficiencies, et cetera. We are back. We need to push
this advantage and keep it growing. Our country has the workforce, we
have the infrastructure, and we have the manufacturing base and the
work ethic here; we just need to give our businesses that little extra
boost to manufacture jobs for America.
With that, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Montana.
Mr. TESTER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Sportsmen's Act
Mr. TESTER. Mr. President, I rise today in support of protecting our
Nation's outdoor traditions, including opening access to our public
lands, preserving some of the greatest places to hunt and fish and
recreate, and encouraging economic development and job creation in our
great outdoors.
Last fall I called upon Congress to pass my bipartisan Sportsmen's
Act. As the chairman of the Congressional Sportsmen's Caucus, I made it
my goal to do something significant, something historic for this
country's hunters and anglers. We came very close to passing my bill
twice, but politics got in the way both times. A commonsense and widely
supported measure failed to get across the finish line because some
folks around here put self-interests before the interests of their
constituents. I am optimistic that this time will be different and that
we can work together to get this bill across the finish line.
Senator Hagan is leading the charge on behalf of our sports men and
women, and I know she is ready to work with all of our colleagues to
find a path forward. My friend from North Carolina is the new chairman
of the sportsmen's caucus. Hailing from a State with a rich hunting
tradition, she knows the importance of protecting America's outdoor
heritage. Representing a State that stretches from the Atlantic Ocean
to the Appalachian Mountains, she knows it is critical to preserve our
wide range of treasured lands.
Senator Hagan's legislation combines more than 15 bills that will
increase access for recreational hunting and fishing, that support land
and species conservation, and that protect our hunting and fishing
rights. Most importantly, they take ideas from both sides of the
political aisle, ideas with support from all corners of the
conservation and outdoors community.
When I was the chairman of the Congressional Sportsmen's Caucus,
sports men and women would constantly tell me about the importance of
access to our public lands. Right now there are 34 million acres of
public land that sports men and women cannot access. That is why this
bill requires that 1.5 percent of the annual funding from the Land and
Water Conservation Fund be set aside to increase public land access,
ensuring sports men and women access to some of the best places to hunt
and fish in the country.
Senator Hagan's bill will reauthorize the North American Wetlands
Conservation Act. This voluntary initiative provides matching grants to
landowners who set aside critical habitat for migratory birds, such as
ducks. Over the past 20 years volunteers across America have completed
more than 2,000 conservation projects and protected more than 26
million acres of habitat under this successful initiative. The North
American Wetlands Conservation Act is a smart investment in both our
lands and our wildlife, and it needs to be reauthorized.
Senator Hagan's bill and mine are not identical, but most of the
provisions are the same, and the bill is a product of the same spirit
of cooperation that drove my bill.
Now, just as happened last year, some folks around Washington will
ask why this legislation is important. After all, we need to be working
together to create jobs and put this country on solid financial
footing. But outdoor recreation is a job creator and an economic driver
throughout this country, and Montana is no exception. In my State, one
in three Montanans hunts big game and more than 50 percent fish.
Nationwide, outdoor recreation contributed nearly $650 billion in
direct spending to the economy in 2012. Hunting and fishing is not just
recreation; it is a critical part of our economy. In Montana, hunting
and fishing brings in more than $1 billion a year to our economy--
nearly as much as our State's cattle industry.
Strengthening our economy, creating jobs, preserving our outdoor
traditions and our treasured places--these all sound like no-doubt-
about-it ideas, but last year the Sportsman's Act ran into trouble
right here in this Senate. Opposition to my bill didn't come from
concerns about measures in the bill itself; instead, it was blocked by
Members of Congress taking out frustrations with how other votes went
that day. My bill was simply caught in the crossfire. Sports men and
women across the country who have been waiting for a bill such as this
for a generation
[[Page S7912]]
watched in disbelief as my bill fell victim to politics. They won't
stand for it again.
This is a bill with widespread support that preserves our outdoor
economy and secures our outdoor heritage for our kids and our
grandkids. There is nothing controversial about it.
Thanks to the leadership of Senator Hagan, my colleagues have another
chance to get it right. When Senator Hagan's sportsmen's bill comes to
the floor, whether here or in committee, I urge my colleagues to
support it. Approve it as a vote for bipartisanship. Approve it as a
vote for common sense over political victory. Approve it as a vote for
America's 90 million sports men and women. Approve it as a vote to
create jobs.
With that, Mr. President, I yield the floor and suggest the absence
of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DURBIN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Ms. Warren). Without objection, it is so
ordered.
POST Act
Mr. DURBIN. Madam President, yesterday Senator Harkin of Iowa, the
Chairman of the Senate HELP Committee, joined me in reintroducing a
bill called Protecting Our Students and Taxpayers or the POST Act. I am
pleased that supporting our efforts are the Education Trust, U.S. PIRG,
the National Association of College Admissions Counseling, the Military
Officers Association of America, and the Young Invincibles.
Since 1992, Congress has required for-profit schools to derive a
portion of their revenue from non-Federal sources. Most people would be
surprised to learn how these for-profit schools are really totally
upside down. Many depend almost exclusively on Federal money. They are
private schools, very profitable, and yet often most of their money
comes from the Federal Government.
If you took this segment of our economy, for-profit schools, and made
it a Federal agency, it would be the ninth largest Federal agency. That
is how much money we put into for-profit schools. Who are these
schools? Well, young people, particularly high school age or college
age, they know them by name. They are the ones that come bombarding you
on the Internet with solicitations to please come join our for-profit
school. You cannot get on a CTA bus in Chicago, or on the subway in New
York without being inundated with all of these schools trying to sign
up young people.
There are three numbers which everyone should understand when they
take a look at the for-profit school industry. These three numbers tell
you what you need to know: 12 percent of high school graduates go to
for-profit colleges--12.
For-profit colleges and universities receive 25 percent of all the
Federal aid to higher education, 12 percent of the students--25 percent
of the Federal aid to higher education: student loans, Pell Grants.
The third number is the most important. Forty-seven. So 47 percent of
the student loan defaults in America are students from for-profit
schools. They are a small segment of the population, 12 percent; 25
percent of the Federal aid to higher education and 47 percent of the
defaults. They have cooked quite a deal with Congress and with our
Federal Government.
Since 1992 we have said to these schools--the law has said: You have
to derive a portion of your revenues not from the Federal Government.
It is not a portion from the Federal Government, but a portion not from
the Federal Government. This was meant to keep for-profit schools in a
situation where they would not rely completely on Federal dollars to
survive.
Originally, these schools had to come up with--listen to this--15
percent of their revenue from non-Federal sources--15 percent. In 1998,
it was reduced to 10 percent. What it means is when the school signs up
a student, they only have to come up with 10 percent of the actual
cost, in most circumstances, from sources outside of the Federal
Government.
These schools are channeling Federal dollars by the millions through
these students into their own coffers. Nine out of every $10 that these
schools take in can come from the U.S. Treasury and taxpayers. Much of
the for-profit college industry takes in most of its money directly
from the Federal Government.
In fiscal year 2012, we sent $32 billion to for-profit schools. We
spent more on for-profit schools then we did on the National Institutes
of Health, NASA, the Coast Guard, Customs and Border Patrol, the EPA,
or the FBI. We spend more on for-profits than we do keeping planes in
the sky, protecting our borders, tracking down criminals, responding to
disasters, researching cures for cancer, protecting the Nation's food
supply, making sure our air and water are safe, or exploring the outer
reaches of the universe.
In 2009 and 2010, for-profits took in 25 percent of the Department of
Education Title IV funds, enrolling only 12 percent of the students.
They have quite an arrangement going on here. The largest is University
of Phoenix, the Apollo Group. You have heard about the University of
Phoenix; you cannot escape them. They advertise all the time.
In 2011, the Apollo Group, which owns the University of Phoenix,
counted 86 percent of its revenue from Federal sources, Title IV funds,
more than $5 billion to this one for-profit school. As long as they are
educating students, why should we be concerned?
The Apollo Group's profit last year was more than $400 million. In an
era of spending cuts and austerity, what are Federal taxpayers doing
sending so much money to a private sector company that is so
profitable, particularly in a sector of the education economy that
accounts for 47 percent of student loan defaults?
Last year a young woman who received a BA in Fine Arts from the
International Academy of Design and Technology in Chicago contacted our
office. She finished the undergraduate program, and she found that no
graduate programs outside of that school would even consider her
transcript. They did not recognize a degree from the so-called
International Academy of Design and Technology, a for-profit school.
So 4 years later, with a worthless diploma, she was $58,000 in debt
and had no real future in her chosen field. Federal taxpayers gave the
International Academy of Design and Technology, 89 percent of its
revenue.
It is a flowthrough. The students apply. They then apply for Pell
grants if their income is low enough, student loans. The money flows
through the student into the for-profit school. The student ends up
with the debt and the for-profit school ends up with the money. In this
case, the student ends up with a worthless diploma and $58,000 in debt
when it is all over.
Ashford University--I could go on for a while about Ashford in Iowa--
is currently being investigated by the California attorney general for
its recruitment practices. It receives 87 percent of its revenue from
the Federal Government.
For such dependence on Federal taxpayers for their operation, one
would think these schools must be generating a great return on
investment. We have a deficit. Why should we be sending so much money
to these for-profit schools? Some of these schools are good, make no
mistake, but many are not, and the taxpayers pay either way. For-profit
colleges spend less on student instruction than traditional schools,
$3,500, roughly, for students at the for-profit schools, over $7,000 at
public institutions, and $15,000 per student at private not-for-profit
schools. The students leave school with more debt if they go to for-
profit schools. They average at least $6,000 more debt than the typical
student.
For-profit students, as I said, are more likely to default. Almost
half of the student loan defaults come from students from these
schools.
How are the CEOs at the top for-profit schools doing? They made an
average in 2009, the last reported date, of $7.3 million a year. Think
about that, 80 or 90 percent of the money is coming from the Federal
taxpayers, encumbering the students with debt, and CEOs of the company
are walking away with an average of over $7 million a year in income.
The bill I have introduced with Senator Harkin would change this. I
want
[[Page S7913]]
to do more, but the first step is returning to the 85-15 ratio, saying
that for-profit schools cannot take more than 85 percent of their
revenues from the Federal Government and taxpayers. It would also hold
these schools accountable for breaking the threshold after 1 year of
noncompliance, rather than the lenient 3 consecutive years, which is
currently the law.
That is only part of the story. The Federal subsidy of these schools,
these money-making machines, goes even farther. The dirty little secret
of the current Federal 90/10 rule is that it doesn't count GI bill
benefits or the Department of Defense Voluntary Education Program.
Hundreds of millions of dollars per year would flow to these schools
from these programs and they are exempt from the 90 percent-10 percent
requirement.
Does anybody dispute the Department of Defense is part of the Federal
Government--of course it is. Whether it be planes, bombs, or
servicemembers' education it's paid for by U.S. taxpayers. Nobody
questions that. When we limit how much of these schools' revenues can
come from the Federal Government, why should we ignore the money coming
through the Department of Defense? It is Federal money, Federal
taxpayer money.
According to the 2009 HELP Committee report on for-profit schools, if
all forms of Federal funds were counted, the top 15 publicly traded
for-profit companies received, on average, 86 percent of all their
revenue from Federal sources. The loophole makes servicemembers and
veterans prime targets of for-profit schools. They are all over these
servicemembers and veterans to sign them up because they bring in more
federal dollars. It has led to well-documented horror stories about
aggressive predatory recruiting practices.
I have been on this floor telling these stories many times. I do
think they bear repeating. I have told the story of two former military
recruiters at a for-profit college in Illinois. They contacted my
office to tell me what happened. They were told their job was above all
to put ``butts in classes''--that they should dig deep into the
personal lives of their recruits to find their ``pain point.''
If a prospective student was out of work, recruiters were encouraged
to say things such as: ``How do you think your wife is about being
married to somebody unemployed?''
Entrance requirements at these schools are very low, maybe
nonexistent. It didn't matter how long a student stayed as long as he
came in, signed up, got the Federal loan that went to the school, and
then he was stuck with the debt. There is no telling how many
servicemembers have been lured by these practices and then ripped off.
One of these schools has the name the American Military University. A
nephew of mine is serving in the U.S. Army. I sent him an email, and I
said take a close look at this school. It is not part of the military.
They sound like it, but they aren't. It is a for-profit school, and
very profitable. There is no telling how many servicemembers have been
lured into these schools.
There is James Long, who suffered a brain injury when an artillery
shell hit his humvee in Iraq. He used military benefits to enroll in
Ashford University, one of the more notorious, after he had been
heavily recruited by that school. He told Bloomberg News he knows he is
enrolled in Ashford, but he can't remember the courses. Remember, he
suffered a head injury in Iraq.
Christopher Ford told the LA Times he used his GI bill benefits at a
for-profit school to take an online engineering course, only to find
out no company would accept his training and he had used his benefits
in pursuing this degree. Of his for-profit education, he said:
It was heavily marketed, so I took it. It sounded pretty
good, but it turned out to be pretty predatory.
Our bill, Senator Harkin's bill and my own, would protect
servicemembers and their families from being preyed on by ending this
loophole and counting these military and veterans' benefits in the new
85-percent limit. This commonsense bill is a modest step forward trying
to reclaim some dignity when it comes to Federal aid in education.
We have opened up this amazing loophole, and 25 percent of all the
Federal money for higher education is going into these schools, many of
which are just plain worthless. If the students were just wasting time,
that would be bad enough, but they are wasting opportunities for
education and they are digging debt holes they can never get out of.
I received an email this week from a family in Illinois, a mom. She
was so proud that her son had graduated from school. It was not a for-
profit school, but he graduated, and she was pretty proud of him. She
told me he had a problem. He had incurred $130,000 in student loan
debt. She found out that he had signed up for a lot of debt that
couldn't be consolidated, couldn't be refinanced, and she was begging
me to do something to help her. There was one line in that email I will
never forget. She said: Senator, we just can't afford to pay more than
$1,000 a month for his student loans.
She is speaking of $1,000 a month on a student loan. That is not
unusual.
Too many of these young people and their families get sucked into
these student loans, many of these worthless for-profit schools. We
have cases that have been reported of grandmothers who have had their
Social Security checks garnished because they signed on to guarantee
their granddaughter's student loans. God bless grandma for wanting to
help her granddaughter, but then her granddaughter can't get a job,
can't make a loan payment, and they go after the grandmother's Social
Security check. That is outrageous. Surely this Congress can come to a
bipartisan agreement on how to cure this.
I wish to thank Senator Harkin for his partnership on this bill.
There is more to come. This student loan crisis is a growing one, and
it affects some of the hardest working families in America. They were
sure they were doing the right things for their kids. Now they find
themselves hopelessly in debt, many times with worthless for-profit
school diplomas.
We can do better and we should do better to give these young people
and their families a chance.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Nebraska.
Mrs. FISCHER. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Veterans Day
Mrs. FISCHER. I rise today on behalf of all Nebraskans to say thank
you to our Nation's veterans. Our Nation has long been blessed with men
and women with integrity who step forward and answer the call to serve.
Throughout times of war and times of peace, our country has maintained
a military that has been the envy of the world. Each year Veterans Day
is a time to thank and to honor the generations of patriots who have
risked life and limb to protect our Nation and defend the cause of
freedom. These heroes leave their homes--their comfortable lives with
loved ones--for months and years at a time to fight wars in foreign
lands. From the windy beaches of Normandy, to the snowy mountains of
Korea, and the blistering deserts in the Middle East, our veterans have
served fearlessly around the globe. Meanwhile, others, including
members of the National Guard, have been stationed throughout the
United States serving dutifully to protect the homeland.
As a member of the Armed Services Committee, I have the unique
privilege of interacting directly with our servicemembers. I have had
the opportunity to meet soldiers, including many Nebraskans, working to
protect the hard-fought gains in Afghanistan, and I have visited with
troops stationed in Germany, Italy, and other allied nations. This past
July I had the opportunity of a lifetime, celebrating Independence Day
with our troops in Afghanistan. I expressed my gratitude for their
work, and I assured them of my support in the Senate for that work.
While I am committed to ensuring our Active-Duty servicemembers have
the training and the tools they need to fulfill their missions, I am
equally committed to keeping the faith with our Nation's veterans. Each
time I speak with one of Nebraska's many
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wonderful veterans, I am reminded of the honor and the valor that
decorates all of our men and women who have served. Each one has a
unique and a very memorable story to tell.
Recently, I was humbled to take part in the inspiring journey of more
than 130 Nebraska Korean war veterans to Washington, DC, through the
Honor Flight Program. It was a privilege to help welcome them at the
Korean War Memorial on the National Mall. All of our veterans deserve
our appreciation, but it was especially important for me to acknowledge
the heroic efforts of those men and women who fought in what is
referred to as America's forgotten war. We are forever grateful to each
and every American who has served, and we salute those who have paid
the highest price.
Another way to honor our fallen and missing servicemembers is by
showing our gratitude to those who are still with us today. As
President Lincoln stated, it is our great charge ``to care for him who
shall have borne the battle and for his widow, and his orphan.''
As a Senator, I am dedicated to promoting policies that assist
America's veterans when they return home and to help ease the
transition back into a normal life. Many need care for their physical
injuries as well as their emotional scars.
Despite possessing valuable skills, veterans also have difficulty
finding employment after their return. We need to encourage businesses
and organizations to utilize the talents of our Nation's veterans and
to help them find employment in our local communities. It is not only
the values but also the training and the discipline of our military
personnel that make America's fighting force second to none.
I am pleased to report to Nebraskans that this year's National
Defense Authorization Act, the NDAA, furthers the goal of helping
servicemembers better translate the skills they gain in the military to
a civilian job. Specifically, it helps ensure that servicemembers
understand how their military skills effectively transfer to meet
license or certification requirements for civilian careers.
It also requires the DOD to make available as much information as
possible on the content of military training to the civilian
credentialing agencies. Employers need to appreciate the vast array of
skills and knowledge our veterans acquire during their Active-Duty
service. My staff and I also stand ready to assist these men and women
in navigating Federal agencies to get the assistance they may need.
Many of our States' veterans have contacted my office with a range of
important needs that are not being met, promises that have yet to be
kept. These requests range from acquiring important service treatment
records, to securing benefits for veterans' spouses, and navigating the
bureaucratic maze that plagues the Department of Veterans Affairs. We
have a great track record in securing the needed assistance.
This year's NDAA also urges the Secretary of Defense to expedite
efforts to integrate electronic health records between DOD and the VA.
When it is fully implemented, this should greatly shorten the time it
takes for these servicemembers to have their information transferred to
the VA and start receiving the benefits they are due.
We can never fully repay our men and women in uniform for the
contributions they have made to our country, for their noble acts of
service, but we can continue to do our best to honor their legacy. The
peace we enjoy was hard earned. We owe our way of life to their service
and their sacrifice. We will never forget and we are forever grateful.
I yield the floor.
The PRESIDING OFFICER. The Senator from Minnesota.
DC Circuit Nominations
Ms. KLOBUCHAR. Madam President, I come to the floor because there are
three extremely talented, well-qualified women nominees who are ready
to get to work on the U.S. Court of Appeals for the DC Circuit. It is
time they are confirmed.
I will be joined this afternoon by several of our colleagues:
Senators Hirono, Cantwell, Kaine, and Blumenthal, because we all know
it is time for the Senate to stop the needless blocking of these women.
Enough is enough.
I thank Chairman Leahy for his persistence and the fact that we are
not giving up on these three qualified women for the bench.
Our courts need judges in order for the third branch of our
government to function. The Senate should not be shutting down another
branch of government. Some of my colleagues in the Senate will not even
allow an up-or-down vote on these nominees. I don't know if they have
even met these nominees, but if they had met them, I don't know how
they could come to this floor and not allow an up-or-down vote.
President George W. Bush's candidates to the DC Circuit were
confirmed so the DC Circuit could keep running, and our current
President's nominees should be considered in the same manner. You can't
have justice with an empty courtroom. It is time to stop making
excuses. It is time to put judges in their courtrooms, and it is time
to get these women on the bench.
One of the very well-qualified nominees is Nina Pillard. Nina Pillard
is a talented lawyer and professor. She is the kind of sensible, well-
respected person whom we need to fill one of those empty seats in that
courtroom. Actually, it is Professor Pillard because she has been a law
professor at the Georgetown University Law Center for the last 15
years. She graduated magna cum laude from Yale College in 1983 and
earned her J.D. from Harvard Law School in 1987, again graduating with
honors.
In addition to her academic career, Ms. Pillard served in government.
From 1998 to 2000, she was the Deputy Assistant Attorney General for
the Justice Department's Office of Legal Counsel. Prior to that she
served as an assistant to the Solicitor General, a position held by
some of our country's most talented lawyers.
It should be no surprise Ms. Pillard is one of the most accomplished
Supreme Court advocates in the Nation. She has argued nine cases before
our Nation's highest Court and has briefed 25 cases.
Outside the courtroom, she has spent her time teaching and mentoring
young lawyers, serving as the faculty director for Georgetown Law
School's Supreme Court Institute.
When the current Supreme Court Justice Alito was nominated by
President Bush to fill an open seat on the Supreme Court, Ms. Pillard
also donated her time to the committee to help review his writings and
make a recommendation on his qualifications. Why? She was the chair of
the American Bar Association's Reading Committee at Georgetown Law
Center, which found Justice Alito ``well qualified'' to sit on the
Supreme Court.
People across the aisle think Ms. Pillard is well qualified too. The
head of the Justice Department's Office of Legal Policy under President
Bush said that Ms. Pillard is ``a patient and unbiased listener . . . a
lawyer of great judgment and unquestioned integrity.''
The deans of 25 law schools, including the University of New
Hampshire, the University of Arizona, and the University of Maine,
wrote that Ms. Pillard ``has shown an appreciation of nuance and
respect for opposing viewpoints, grounded in a profound commitment to
fair process and fidelity to the law.''
Twenty-five more former Federal prosecutors and law enforcement
officials said Ms. Pillard ``is unquestionably eminently qualified, and
is a sensible and fair-minded lawyer.'' The nonpartisan American Bar
Association's--this is no surprise--committee that reviews every
Federal judicial nominee unanimously gave Ms. Pillard its highest
possible rating.
Fairminded, unquestionably qualified, unquestioned integrity--these
are the qualities the Senate should be looking for in a person we
entrust to decide cases in our Federal courts. Next week the Senate
should give Ms. Pillard an up-or-down vote.
My hope for progress next week is in contrast to the reality we saw
just 1 week ago when the Senate voted to block another eminently
qualified woman to an up-or-down vote. As I stated last week on the
floor, Patty Millett would also be an excellent person to fill one of
the vacancies on the DC court.
My colleagues have discussed the qualifications of Ms. Millett at
length. She is a talented lawyer with extensive appellate experience--
32 cases in front
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of the Supreme Court. I do not understand how anyone in good faith
could vote to block an up-or-down vote of someone who has argued 32
cases in front of the U.S. Supreme Court, who has served as an
Assistant Solicitor General, and who spent 15 years as an attorney on
the appellate staff of the U.S. Department of Justice Civil Division
under both Democratic and Republican administrations.
With all this experience, Ms. Millett is also one of the most
experienced Supreme Court advocates in the Nation. Just as Ms. Pillard
did, Ms. Millett also received the highest possible rating from the
nonpartisan American Bar Association committee that reviews every
Federal judicial nominee. She has done all of this, as we have all
learned, while raising a family, with a spouse serving in the military
overseas. She has been raising two children while her husband was
serving our country overseas and while donating her time to help kids
learn how to read and volunteering for the homeless.
How can anyone not allow a vote on this nominee? This is another
woman of unquestioned ability. Instead of confirming Ms. Millett last
week, sadly, she was filibustered--another woman filibustered, stopped
in her tracks.
I see some of my colleagues have gotten to the floor, and so before I
talk about Caitlin Halligan I will give them an opportunity to speak.
But Caitlin Halligan is yet another woman stopped in her tracks. This
has to end. We have been making so much progress for women in the
judicial system and for women in the Senate. We are now 20 of 100
Senators. No one filibustered us. We got an up-or-down vote when we
came before the American people, win or lose. That is how it should
work for judges. They should get an up-or-down vote--and that is what
these women deserve.
With that, I will yield the floor for Senator Hirono from the State
of Hawaii, who is also a member of the Judiciary Committee.
The PRESIDING OFFICER. The Senator from Hawaii.
Ms. HIRONO. Madam President, I thank my colleague from Minnesota. I
rise to speak in support of the nomination of Cornelia ``Nina'' Pillard
to be a circuit judge for the U.S. Court of Appeals for the District of
Columbia Circuit.
Less than 2 weeks ago, my colleagues on the other side of the table
blocked another nominee to the DC Circuit--Patty Millett. Earlier this
year, they also blocked Caitlin Halligan--yet another woman who had
been nominated to the DC Circuit. Unfortunately, Ms. Halligan withdrew
her nomination after 2 years of obstruction.
Only five women have served as judges on the DC Circuit in its entire
120-year history. The DC Circuit is one of the most important circuits
in our Nation, and it is shameful that female perspectives are so
underrepresented.
Now the Senate will consider the nomination of Nina Pillard, a truly
outstanding nominee to the Federal bench. Ms. Pillard is currently a
law professor at Georgetown University Law Center and is one of the
leading appellate attorneys in this country. Professor Pillard has
extensive litigation experience at all levels. She has argued nine
cases before the Supreme Court and has briefed dozens more, including
the historic United States v. Virginia case that opened the Virginia
Military Institute to women and the Nevada Department of Human
Resources v. Hibbs case that sustained the Family and Medical Leave Act
against constitutional challenge and ensured a primary caregiver could
take leave in the case of a family illness regardless of gender and in
this case the family caregiver was a male.
Professor Pillard has also had an impressive 15-year tenure teaching
constitutional law at Georgetown. The fact that is my alma mater has
nothing to do with my support of her.
In addition, she serves as codirector of the Georgetown Supreme Court
Institute, where she prepares lawyers for oral argument before the U.S.
Supreme Court on a pro bono basis, without regard to which side of the
case they represent. In fact, under her leadership, the Supreme Court
Institute prepared lawyers on one or both sides of every case heard by
the Justices in the 2012 term.
Professor Pillard has also twice served as a top attorney at the U.S.
Department of Justice, and in those roles she advised and defended U.S.
Government agencies and officials on criminal law enforcement and
national security matters--invaluable experience for a judge on the DC
Circuit, where such issues are routinely considered.
I have been deeply impressed with her experience and record and have
found her to be exceptionally qualified for this important position in
the DC Circuit.
In addition to her extensive qualifications, Professor Pillard also
has demonstrated a commitment to fair and impartial process throughout
her career. As mentioned by my colleague, for example, when Professor
Pillard chaired the ABA Reading Committee that reviewed Samuel Alito
during his nomination process, her assessment of his legal record led
the ABA to apply their highest rating of ``well-qualified.'' She
deserves to be held to the same rigorous, fair standard.
However, following Patty Millett and Caitlin Halligan, Nina Pillard
is the third woman in a row to be nominated to the DC Circuit only to
face obstruction from my colleagues on the other side of the aisle.
The DC Circuit is one of the most important courts in our Nation,
weighing key constitutional issues and other matters of Federal law and
regulation. Three of the eleven seats on this court stand vacant. Given
the complexity and far-ranging impact of the cases the court hears, it
is critical we fill vacancies without delay.
Along with Patty Millett and Nina Pillard, President Obama has
nominated Judge Robert Wilkins to fill these important vacancies.
Unfortunately, so far, we have seen nothing but more obstruction of
these extremely well-qualified nominees. This is an opportunity to put
exceptionally talented lawyers on a significant court that has
vacancies needing to be filled.
I am disappointed our colleagues recently blocked a vote to confirm
Patty Millett, not only a great lawyer but a military spouse who
managed a successful career and the care of her children while her
husband was deployed overseas. When we talk about supporting our
troops, it means supporting their very well-qualified spouses, such as
Patty Millett.
I was dismayed and saddened when obstruction caused Caitlin Halligan
to give up on her nomination after 2 years.
It would be disgraceful to continue this obstruction of these
qualified and impressive women. I urge Senators to reconsider and
support these nominations.
I yield the floor.
The PRESIDING OFFICER. The Senator from Minnesota.
Ms. KLOBUCHAR. Madam President, we have also been joined by Senator
Kaine of Virginia, who knows a little bit about one of these nominees
and is also a strong advocate for more women in the legal profession.
That is one of the cases we are making; that this is about the DC
Circuit, this is about the repeated gridlock we are seeing in
Washington that the people of this country have said they have had
enough of, but it is also about the fact our colleagues on the other
side of the aisle have now blocked not one, not two but three
incredibly qualified women.
So we are starting small on a Thursday afternoon--and maybe there are
not a lot of people in the gallery--but this is just the beginning. We
are not going to let this go.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. KAINE. Madam President, I thank my colleagues, the Senators from
Minnesota and Hawaii, for joining me on the floor. This is a matter I
feel very strongly about, and I do wish to offer a few words to
basically just raise the question of whether there is a double standard
for appointment of women to this particular court, the DC Circuit.
Before I tackle that question, I will say one thing knowing that I am
speaking to a law professor. I am concerned more broadly about what I
consider sort of a pattern of nullification. If there is a law we don't
like and we can't get it overturned, there seems to be efforts to
defund it or even shut down government--or, in this case, what I would
call the decapitation strategy: If you don't like the National Labor
Relations Board, just don't appoint people to run the business or the
[[Page S7916]]
Bureau of Alcohol, Tobacco, and Firearms or, in this case, the DC
Circuit.
The DC Circuit has an allotted number of judicial positions. This
isn't something the President chooses. Congress sets it on the advice
of the judicial conference. The judicial conference has not suggested
the number should be shrunk. There are 11 judges and 3 are currently
vacant. The strategy of blocking appointments is sort of a
nullification of law, which I think is troubling. But let me get to the
question of what I consider to be a double standard that is blocking
some wonderful candidates from going onto this court.
My legal practice for 17 years was in the civil rights area. In the
civil rights area, there is a legal notion called the pretext. When
something bad happens--you don't get an apartment, you don't get a job,
you don't get your bank loan or your homeowners insurance policy--and
if a reason is asserted for that, but the reason just falls apart, it
is completely illogical, it is not borne by the facts, that is called a
pretext. I worry in this instance there are a couple of pretexts going
on because the instances that have been cited by my colleagues--the
filibustering of Caitlin Halligan, the filibustering of Patty Millett,
and now the filibustering of Nina Pillard--rely on two pretexts. Why
are these candidates--Caitlin Halligan, who practiced before the U.S.
Supreme Court, was the Solicitor General for the State of New York and
did such a good job, why block her? Why block Patty Millett, who worked
in the Solicitor General's Office under both administrations, supported
by Solicitor Generals of both administrations? Why block Nina Pillard?
Nina Pillard was the appellate attorney before the U.S. Supreme Court
to argue for the need to admit women students to the Virginia Military
Institute in my State, which they have done and it is working very
well. One of Nina Pillard's supporters was the superintendent of VMI
who was being sued. The promise of America will never be fulfilled as
long as justice is denied to even one among us. Josiah Bunting has come
forward and said Nina Pillard would be a great circuit justice.
So what is the reason being asserted to block these three women? The
reason asserted is there is not enough of a workload on this court. I
think it is clear the asserted lack of workload is a pretext. It is
nonexistent. It is a phantom argument which gets brought up whenever we
want to but then abandoned whenever we want to. My evidence for that is
pretty clear.
There are two circuit courts--the Eighth and the Tenth Circuit--which
have lower caseloads per judge than the DC Circuit, but we have been
approving nominees for that circuit this year without raising any
question about workload. So we will put folks on the Eighth and Tenth
Circuits, even though they have a lower workload and no one complains
and the other side doesn't raise that. I asked Members: Why are you
raising that here when you weren't raising it on other courts, and they
said it is because the DC Circuit is the second highest court in the
land. It is a more important court. The phrase used by someone to me:
It has more juice. Members on the DC Circuit might be on the Supreme
Court. So workload isn't the issue on the other courts. It is just an
issue of this court apparently because the court is so important.
Let's now drill down on what has happened just this year. The
Presiding Officer and I are freshmen. We came in on January 3, 2013. We
came in with the pending nomination of Caitlin Halligan for the court--
supremely qualified, bipartisan support in the legal profession for
her. She was filibustered, and one of the principle asserted reasons
was there is not enough workload on the court. So she couldn't even get
an up-or-down vote.
Within 2 months we had another nominee--a superbly qualified nominee
whom I introduced before the Judiciary Committee, Sri Srinivasan, and
we approved him in the Senate 97 to 0. He is a male. No one raised one
question or mentioned the workload on the DC Circuit Court. We had just
turned down Caitlin Halligan--because you don't get an up-or-down vote
because there is not enough workload--but within 2 months, a 97-to-0
vote we confirmed. I want to make clear, Judge Srinivasan is very
qualified to be on this court. But the workload rationale just
disappeared.
But it didn't go away because as soon as Patty Millett is nominated--
as was indicated, not only a superb appellate attorney who has argued
more cases before the Supreme Court than all but a handful of women in
the history of this country, who has argued cases before the DC
Circuit, where we hope she will sit, and other circuits as well. As
soon as Patty Millet was nominated, the workload issue pops back up:
The court doesn't have enough workload. Now Nina Pillard is being told
she is going to be blocked also because the court doesn't have enough
workload.
I assert that this workload issue is a complete pretext. It is not
raised about other courts and it is not raised about other nominees.
Even this year it hasn't been raised. But it has been raised with
respect to three superbly qualified women: Caitlin Halligan, Patty
Millett, and Nina Pillard. I have only been here 11 months. I don't
know all the previous history. But as I watch, women candidates are
being treated differently on this court. This second highest court in
the land, this court which has juice from which people may go to the
Supreme Court, the women candidates are being treated differently. They
are being blocked by concerns about workload which are not being
applied in an evenhanded way.
The last thing I will say is another bit of evidence which I think is
fair to put on the table in this question of whether there is a double
standard for women. During the Presidency of President Obama, there has
also been the nomination of two women to be on the U.S. Supreme Court.
These were debates we followed. These two women--Justices Sotomayor and
Kagan, enormously qualified, with bipartisan support from bar
associations and others. Justice Sotomayor, when her vote was finally
held here, more than 75 percent of the Senators in the minority party
voted against her confirmation on the Supreme Court. Elena Kagan, when
she was up for nomination, 88 percent of the members of the minority
party voted against her confirmation to be on the Supreme Court.
We could look at courts that aren't the two highest in the land and
see there have been more appointments of women judges--and that is a
good thing and I hope there are more still. But when you get to the DC
Circuit and the Supreme Court, it seems there is a double standard. It
seems this phantom workload issue gets raised when it suits one side
and then immediately dropped a couple months later, only to be raised
again to block women candidates. I think that is a very serious
concern.
Congress set the law that there are 11 judges on this court. The
President is trying to comply with the mandate of Congress in putting
well-qualified women before this body. We should debate their
qualifications. If folks have concerns about those, let's have that
debate. But we shouldn't block them from being considered and assert
reasons that don't stand the light of day.
I yield the floor.
The PRESIDING OFFICER. The Senator from Minnesota.
Ms. KLOBUCHAR. Madam President, I thank my colleague from Virginia
for his well-thought-out argument and the evidence he put out here for
the Presiding Officer, a former law professor who believes in evidence.
I think it is important that we look at the facts.
I wish to back up some of the facts to why this workload argument
doesn't make sense, even when it is put out clearly for the women
nominees and it wasn't put out recently for the male nominees. But here
are the facts:
When George W. Bush was President, the Senate confirmed his nominees
to fill four empty seats on the DC Circuit. That was not long ago.
Under President Obama, there have been four vacancies on the court.
There were four under Bush and four under Obama. The difference? All of
President Bush's nominees were confirmed by the Senate.
It is important to note that one of President Obama's nominees--as
was pointed out by my colleague from Virginia--was confirmed by the
Senate. I guess that means one guy is confirmed and then these three
seats are still open for which women have been put forward.
Some people apparently think there is a problem with the numbers, but
let's look at the actual numbers. These
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same people have supported having more judges on another court that
actually has fewer pending cases. The reason we use that standard--
pending cases--is those are the active cases. They are not the pro
forma orders which are issued quickly. These are the actual cases
before the court for which they have to make difficult decisions.
The DC Circuit has 8 active judges, 6 partially retired senior
judges, and 1,479 pending cases. The Tenth Circuit has 10 active
judges, 10 senior judges, and 1,341 pending active cases. So the Tenth
Circuit--to which my colleagues have confirmed multiple nominees--has
more judges but fewer pending cases per judge.
Why does the Tenth Circuit have more judges with fewer cases per
judge than the DC Circuit? I believe the answer is quite simple:
Earlier this year, the Senate confirmed two judges to fill the empty
seats on the Tenth Circuit, and the Senate should do the same with the
DC Circuit by taking these three well-qualified nominees and confirming
them.
I see the Senator from Washington has arrived and I know she has a
few remarks about this as well. As I pointed out to the Presiding
Officer, this is just the beginning. We are going to continue to fight
for these three women judges.
The PRESIDING OFFICER. The Senator from Washington.
Ms. CANTWELL. Madam President, I thank the Senator from Minnesota for
her leadership on the floor this afternoon. It is great to join her and
my other colleagues to talk about the importance of judicial nominees,
and in particular today, because today we are talking about the
nomination of more female representation on the courts which I think is
incredibly important.
I served my first 2 years in the Senate on the Judiciary Committee,
and I was struck to find that, I think at that time, I may have been
the fourth woman in the whole history of our country to be on the
Judiciary Committee. Now I am so proud that my colleague from Minnesota
serves on that committee and does an excellent job and that we have
other representation as well. But the point we have to ask ourselves
is, do we have to get women elected to the Senate to get women on the
Judiciary Committee to get women on the courts because our colleagues
aren't going to help us do that?
I am rising to support moving these nominations. President Obama has
nominated Cornelia Pillard and Patricia Millett. We want to see these
vacancies filled. We don't want the same dysfunction which led to a
government shutdown to let us move toward the kind of the stopping of
putting people on the court. Nominating highly qualified individuals is
what the President's job is, and filling seats on the court is not
packing the court. It is simply doing the job.
On October 31, 2013, many of my colleagues voted against a motion to
end debate on Patricia Millett to be a judge on the U.S. Court of
Appeals for the District of Columbia. She is a very highly qualified
attorney who has argued before the Supreme Court 32 times and is
recognized both by Democrats and Republicans for her legal acumen.
Despite her qualifications, her nomination was being blocked. Had she
been confirmed, she would only be the sixth woman to sit on the DC
District Court of Appeals. So I am questioning the place we are now on
this nomination.
Professor Nina Pillard is another filibustered nominee who has argued
historic cases before the Supreme Court, including a case to open the
Virginia Military Institute to women for the first time in history and
a case defending the family medical leave law. American people want to
know why are these qualified female judges being blocked. Just 32
percent of the U.S. Appeals Court judges are women. In my opinion, it
is time to move forward with more highly qualified nominees to add
diversity to the courts.
I have not heard any of my colleagues question the credentials of
these nominees. In fact, Ms. Millett has been called ``a brilliant
mind, a gift for clear persuasive writing, and a genuine zeal for the
rule of law.'' This is not a quote by a Democratic Senator or a liberal
think tank. That quote is from former Special Prosecutor Kenneth Starr
in a letter with six other Solicitors General, top lawyers who have
served in the George H. Bush and George W. Bush and Clinton
administrations, basically saying, ``Equally important, she is
unfailingly fair minded.'' That is from Mr. Starr.
So the DC Circuit Court currently has four judges chosen by
Democratic Presidents and four by Republicans. There are three
vacancies on the court. Republicans are arguing we shouldn't fill these
vacancies, that we should just eliminate them. I think my colleague
from Minnesota just spoke to this. This is a proposal that is even
opposed by Chief Justice John Roberts, who argues that the DC Circuit
Court of Appeals is similar to many of the Federal courts and is
operating in a state of crisis. He said, ``Based on our current
caseload methods, the D.C. Circuit Court should continue to have 11
judgeships.''
So we need a court that is fully staffed. The primary responsibility
of this court is the handling of cases involving Federal regulations on
environmental safety, health care reform, and insider trading. We
should trust that our judicial branch can nominate and get judges on
that court that basically will look at the law and not party
affiliation and stop obstructing people whom I believe are qualified to
be on the court.
I hope we can move forward. Ms. Millett is the second female nominee
opposed by Republicans after the nomination of Georgetown professor
Pillard was filibustered. However, she joins a long list of judicial
nominees who happen to be female who have been opposed, not because of
their qualifications but because they were nominated by this President.
I will submit that list for the Record.
I hope this discussion today points out the need of more women on the
courts. Maybe we also need more women elected to the Senate so we can
make sure we get more women on the courts. But this is, today, about
asking my colleagues on the other side of the aisle to not look past
this court. Do not try to diminish it by narrowing its focus. Get more
people who will support qualified women so we can have the diversity in
America that we need represented on our courts, even at the DC district
appeals level.
I thank my colleague from Minnesota for arranging for all of us to be
here today to share our views.
The PRESIDING OFFICER. The Senator from Minnesota.
Ms. KLOBUCHAR. Madam President, I think there are two interesting
facts that Senator Cantwell brought up that I didn't know. The first
was the percentage of women in the Federal district courts--in the 30-
percent range, 32-percent range. The second was Justice Roberts' belief
that, in fact, we should have judges to fill these seats. It is
interesting that Justice Roberts actually was on the DC Circuit. I
remember looking at the numbers. When he was confirmed to serve on the
DC Circuit, there were actually fewer pending cases per judge than
there are now--even if these vacancies were filled. I keep bringing
that up because it is the one and the only argument we keep hearing
against these three women we talk about today. Caitlin Halligan was
already filibustered, stopped in her tracks despite trying three or
four times and never giving up--1 year, the next year, putting in her
name, having to go through a nomination process. We just saw Patty
Millett, eminently qualified, filibustered, stopped at the door. I have
never seen so many tweets about a judicial nominee. They are not always
that well known, but in her case she is a hero of military spouses
across the country who cannot believe my colleagues across the aisle
are denying her that right to serve on our courts.
Now we have a new nominee before us, Cornelia Pillard, someone, as we
noted, who has been unanimously suggested for this job by the
nonpartisan American Bar Association. She is someone eminently
qualified, with nine Supreme Court arguments, and someone who has so
much respect from those she mentors, from her colleagues both
Democratic and Republican.
I see the Senator from Connecticut is here, another member of the
Judiciary Committee.
I yield the floor.
The PRESIDING OFFICER (Mr. Coons). The Senator from Connecticut.
Mr. BLUMENTHAL. Mr. President, I thank my colleague, an esteemed
lawyer and prosecutor herself, for her service on the Judiciary
Committee and
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dedication to the quality of our courts and for her bringing us
together this afternoon to focus on a topic I think perhaps is not
uppermost on the minds of most Americans, not something they worry
about when they are bringing their kids to school or fixing dinner at
night, but that shapes the quality of our society. It assures the rule
of law, and it guarantees the courts of our country look like the
people of our country.
We are here because there are too few women as judges on our Federal
courts. They have been denied that opportunity, and for so long they
were denied the opportunity even to practice law. We are here because
this situation is unacceptable. The Senate cannot and should not
continue to obstruct the appointment of qualified nominees--in this
instance women. Nina Pillard, like Patty Millett, is eminently
qualified--indeed, distinguished, a candidate who fits the ideal
profile. If you were designing and writing in the abstract the resume
of a circuit court judge for the United States of America, it would be
Nina Pillard.
One of the tragic results of the obstruction that we see in the
appointment of judges nominated by the President is that the Senate is
blocking women appointees to this court. The Senate has only confirmed
one woman to the DC Court in the last 19 years. During this same time
period, five men have been confirmed to the DC Circuit Court of
Appeals. In the court's entire history, only five women have been
confirmed. These facts speak for themselves.
Thanks to the leadership of President Obama and Chairman Leahy, the
Judiciary Committee has been approving qualified women to take the
``men only'' sign off the door at the DC Circuit Court of Appeals. But
those women have been blocked by a minority of this body.
There ought to be common ground for Senators to have a good reason to
block an appointment to the judiciary made by the President of the
United States, which is his constitutional responsibility just as it is
ours to advise and consent, and not simply, blindly block a woman
appointee.
In 2005, the bipartisan gang of 14 came together and they agreed that
a Senator should vote against a nominee only in ``exceptional
circumstances, extraordinary circumstances.'' The history of that
agreement is pretty well known here even though only a handful of
Senators who joined in the agreement are still here. Its spirit and
intent ought to guide us. Even if it is not binding in letter, its
intent and purpose are as real now as they were then. It was to avoid
the kind of nuclear approach--it is called, I suppose, the nuclear
option for that reason--because it would be so organically threatening
to the civility and collegiality of this body if it is invoked. The
approach should be, as a Republican member of that gang of 14 said,
that judges should be denied confirmation only in the event of ``a
character problem, an ethics problem, some allegation about the
qualifications of a person, not an ideological bent.'' If Senators
agree that only exceptional circumstances justify blocking a nominee,
then clearly the three female nominees that have been nominated by the
President ought to be confirmed by the Senate. Our Country, and the
legal profession specifically, has an unfortunate history when it comes
to women.
As I mentioned earlier, for generations women were not even allowed
to practice law. Only recently have they been afforded the opportunity
to serve on the Federal bench--despite their serving with extraordinary
distinction when they were in fact appointed. They are still woefully
underrepresented.
When women are denied an equal chance to serve on our courts, we are
left with judicial bodies that fail to reflect the American people,
fail to reflect their values and backgrounds, their aspirations and
dreams, and in fact their talent and insight. An exclusionary Federal
judiciary makes a mockery of our Nation's claim to equal justice under
law.
The excuse for blocking appointees is that the DC Circuit Court does
not need more judges. I find this claim unpersuasive, based on the
workload of the court. We can debate, in fact, the numbers, but
statistics in this instance fail to reflect the complexity and
difficulty of the cases that come before this court. The same Senators
who say the caseload fails to justify appointments now gladly voted to
approve John Roberts to the ninth seat on the court when the court had
just 111 pending appeals per judge. It now has 182 appeals per active
judge.
The history here is that the Senate approved appointees nominated by
George Bush to fill the 9th, 10th, and 11th seats on the DC Circuit,
the three seats that are vacant today. But this issue should not be
about partisan politics. It should not be about which President made
the appointments. It ought to be about the principle; that is, if the
workload is insufficient, the number of seats on the court should be
reduced by legislation. The Congress should not refuse to fill
vacancies when they exist lawfully and in fact when there is strong
evidence that the workload justifies filling those vacancies.
Nina Pillard is a civil rights icon. She is a public servant of
extraordinary distinction. Ms. Pillard led the integration of women
into the Virginia Military Institute. Her work led the Supreme Court to
uphold Congress' ability to pass the Family and Medical Leave Act. Her
academic work continues to identify common ground between liberals and
conservatives that can allow for the protection of important rights.
Some have said that she is a feminist. The fact is, Professor Pillard
believes that a woman's right to choose is protected by the U.S.
Constitution. In other words, she believes in a judicial decision,
written by Justice Blackmun--for whom I clerked--which has been upheld
repeatedly by the U.S. Supreme Court over four decades. It is embedded
in our constitutional law, as fundamental as the right to privacy is
fundamental to our Constitution. I think the merits more than justify
her confirmation. There is no question that she has the talent and
temperament, the intellect and integrity, the experience and the
sensitivity to serve as one of our great judges on this court of
appeals.
I urge my colleagues to put aside the extraneous and irrelevant
considerations that may lead them to oppose confirmation and, very
simply, to give their approval to a woman who will be a mentor and a
model to so many other women now in law school or beginning their
careers or even beginning their judgeships, and who one day will aspire
to this kind of position. They will see her example and ours in
approving her as an inspiration to them in their careers.
I yield the floor. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. MURPHY. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Gun Violence
Mr. MURPHY. Mr. President, we have been trying to figure out all day
how to fit five numbers on this poster. I have been bringing it down
nearly every week since the anti-gun violence bill failed here in the
Senate due to a Republican filibuster, and this is the first week this
poster comes down to the floor of the Senate with five digits. There
have been 10,287 Americans killed by guns since December 14, the day of
the Sandy Hook shooting.
What I have been endeavoring to do since the failure of that bill on
the floor of the Senate--despite the fact that 80 to 90 percent of
Americans supported the bill--is to bring to the floor the voices of
victims, because the statistics are numbing at this point. We have had
10,000 people in this country die at the hands of gun violence since
December 14, and that apparently has not been enough to move this
place, or the House of Representatives, to action.
My hope is that by coming down to this floor every week or so and
telling the real stories--the human stories--about the individuals who
have lost their lives and the absolutely catastrophic runoff of trauma
that happens to a family and a neighborhood and a community when you
lose a loved one due to gun violence, maybe that will move this place
to do something.
I want to tell three stories this afternoon because it now is kind of
routine--you just sort of wonder what day
[[Page S7919]]
of the week is it going to be when you turn on CNN or look at your
Twitter feed and you see ``active shooting in progress,'' ``school
lockdown,'' or ``people fleeing airport.'' It just kind of happens
every week now. It has become a kind of commonplace occurrence. It is
almost like raindrops in the background of news coverage on a daily
basis--this week's shooting, next week's shooting.
On October 21, a seventh grader named Jose Reyes, a student at Sparks
Middle School, opened fire with a handgun he took from his parents. He
killed a teacher, himself, and left two other students wounded at a
middle school in Nevada.
The teacher he killed was named Mike Landsberry, and, boy, you don't
get much more American than Mike Landsberry. He was an Alabama native.
He graduated from high school in Reno, which is right next door to
Sparks, in 1986, and then served in the Marine Corps. He joined the Air
National Guard after he got out of the Marine Corps. He rose to the
rank of master sergeant and served as a cargo specialist in Kuwait and
Afghanistan. He fought for this country. He put his life on the line to
defend this Nation. When he came back, as happens with thousands of
veterans, he decided to continue his public service and became an
incredibly popular math teacher.
His brother said of Mike: He is ``the kind of person that if someone
needed help he would be there. He loved teaching. He loved the kids. He
loved coaching them . . . He was just a good all-around individual.''
Mike is no longer with us because he is now one of the over 10,000
Americans who have died at the hands of a gun--this time in a school
shooting on October 21.
Gerardo Hernandez, according to his wife, was always excited to go to
work. He was a joyful person who took pride in his duty for the
American public. Gerardo was the TSA screener at the Los Angeles
International Airport who was gunned down when Paul Ciancia, a troubled
23-year-old, walked into LAX with an assault weapon and a grievance and
grudge against the government. He opened fire and killed Gerardo
Hernandez, age 39. He was the youngest in a family of four boys who had
all emigrated from El Salvador. He was 15 years old when they made the
decision to come to the United States to seek a better, safer, more
stable life. And now the youngest of four boys is one of 10,287.
Finally, the story of Maria Flores, who, frankly, didn't make
headlines when she died over the summer along with her daughter
Elizabeth Gomez. They died in Las Vegas when Manuel Mata, her boyfriend
with a history of jealousy and domestic violence, shot and killed
Maria. He shot and killed her teenaged daughter and wounded a 4-year-
old before turning the gun on himself.
Family members said that Mata had financial troubles, drank often,
displayed jealousy, and constantly accused his girlfriend of cheating.
They said his girlfriend Maria Flores, who died that day, threatened to
move out of the residence a couple of weeks earlier, but she was
convinced by Mata to stay.
The daughter who was killed was scheduled to graduate 3 days after
the murder took place.
I tell these three stories for this reason: First, in the wake of the
TSA shooting, a lot of folks from the gun lobby made the argument that
the way to fix this problem was to arm TSA agents, just as people made
the argument that the way to guarantee another Sandy Hook tragedy from
happening is to arm the teachers. Some people actually had the audacity
to argue that an even better way was to arm the students too.
It speaks to this sort of new philosophy that has infested this
place--the Senate and the House--that I kind of describe as gun control
Darwinism, the idea that if everybody has a gun--the good guys and the
bad guys--hopefully enough of the good guys will shoot the bad guys.
You just throw a whole mess load of guns out there, let them figure it
out, and in the end we will take care of the bad guys.
We have some new data that tells us how backwards that philosophy is.
Common sense tells you that is not a good idea, but the data now tells
you that is not a good idea.
The American Journal of Public Health did the most comprehensive
study ever done in this country. They looked at rates of gun ownership
and rates of homicide by gun death. They looked at decades of data
across every State in the Nation, and then they had the common sense to
account for about every factor you could think of: gender, race,
poverty, income, education, alcohol use, and crime rates. What they
found is pretty stunning and straightforward. The American Journal of
Public Health said that for every 1 percent increase in gun ownership
in a particular State, locality, or geographic region, there is a
firearms homicide rate increase of 1 percent, a 1-to-1 ratio. If gun
ownership goes up by 1 percent, increases in gun homicide go up by 1
percent.
Police chiefs in city after city across the country will verify that.
As they have taken guns off the street, as they have engaged in gun
buyback programs, guess what. Miraculously gun deaths decrease. That is
not to say the only thing that matters is the number of guns on the
street. Clearly, this young man who walked into Sparks Middle School
and the 23-year-old who walked into LAX had enormous issues that were
going untreated. We are fooling ourselves if any of us are trying to
perpetuate an argument that this is just about gun ownership. This is
also about a very broken mental health system that we need to address.
But a 1-percent increase in gun ownership leads to a 1-percent increase
in gun violence.
The reason I tell Maria's story is because this is Domestic Violence
Awareness Month--or maybe it was October. We have either completed it
or we are in that month. Here is a stunning fact: In States that have
comprehensive background checks, women are 38 percent less likely to
die from domestic violence crimes. Women are 38 percent less likely to
die from domestic violence crimes if they are lucky enough to live in a
State that says: Before you buy a gun, you have to prove to us you are
not a domestic abuser.
Since 1998, 250,000 domestic abusers have been stopped from buying
guns because of background check laws. That is just the domestic
abusers who were dumb enough to show up at a gun store and try to buy a
firearm. That doesn't count, frankly, the millions of domestic abusers
who never walked into the store to buy the gun in the first place
because they knew they were going to be denied. Women in the United
States are 11 times more likely to be murdered by a gun than women in
any other high-income Nation. And we have a solution: background
checks. Women are 40 percent less likely to die from domestic violence
if they live in a State that does background checks.
I bring just three stories to the floor today in my effort to bring
voices to the victims--the stories of Mike, a teacher in Nevada;
Gerardo, an immigrant to this country who loved doing his public
service as a TSA screener; and Maria Flores, one of thousands of women
across this country killed by their spouses or partners in part because
of the ease of access to a gun in this country.
So 10,287 people--that number is tough to fit on one board. That is
just in 11 months. Frankly, it won't be that long--just a handful of
years from now--before there is absolutely no way to fit this number on
this board unless the Senate and the House of Representatives decide
that 90 percent of Americans are right and we should make sure
criminals can't access guns. We should ban illegal gun trafficking. We
should expand the reach of our mental health system so we can finally
say that Congress--the Senate and the House--is going to do something
to give voice to these victims.
Mr. President, I yield the floor and note the absence of a quorum.
The PRESIDING OFFICER (Mr. Markey). The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. THUNE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Veterans Day
Mr. THUNE. Mr. President, as we approach Veterans Day on Monday, I
want to rise to recognize the selfless service and sacrifice of
America's veterans. As we reflect upon the generations of men and women
who have answered the call to serve and defend our
[[Page S7920]]
freedoms, we especially remember those who have given what President
Lincoln so eloquently called ``the last full measure of devotion.''
Just as we owe it to the memory of those who have given their lives
for freedom, we also have the solemn obligation to ensure that every
servicemember comes home and that we care for those who still bear the
wounds of war. Some of these wounds are physically visible, while
others are not so apparent.
We have made great strides in caring for our servicemembers,
especially in regard to lifesaving procedures on the battlefield and
rehabilitative care through the Department of Veterans Affairs, but
there is still much we must do to combat the epidemic of mental health
issues among veterans. Traumatic brain injury, post-traumatic stress
disorder, and the alarmingly high rate of suicide among our
servicemembers remain among the most pressing issues our veterans face.
We owe all of our veterans a tremendous debt of gratitude, and we
must uphold the foremost duty of providing for their care. This
responsibility includes aiding our veterans as they transition to
civilian life by finding ways to put their skilled military training to
work and through providing timely processing of medical claims. We must
rise to the occasion to make sure our past mistakes are not repeated as
our troops return from current and future conflicts.
In my home State of South Dakota, it is easy to see the integral role
veterans have played in shaping who we are as South Dakotans--a legacy
that dates back to before the founding of the State itself. South
Dakotans have always punched above their weight when it comes to
military service in all the various conflicts in which our country has
been involved over the years. The values of service and honor are woven
into the fabric of our communities. With each passing day these values
are strengthened by the men and women currently serving at Ellsworth
Air Force Base and in the South Dakota Air and Army National Guard and
VA centers around my State. I doubt there are many South Dakotans who
do not have a family member or friend who has worn our Nation's
uniform.
I know firsthand the sacrifice made by our Nation's veterans because
my own father Harold was a decorated World War II Navy pilot. Like all
our veterans, my dad served with pride and dignity, protecting our
democracy at home and abroad. One of my favorite memories since I have
been in the Senate was the opportunity to accompany my father to the
World War II Memorial and show him that great memorial that was erected
in honor of his generation's veterans. I was humbled by the quiet
reverence they had for their comrades lost in battle and reminded of
the ultimate sacrifice made by so many of our countrymen.
We should be grateful for the generations of men and women who have
given of themselves on behalf of our great Nation. There can be no
mistake that America's veterans have served bravely and honorably,
making America the country it is today.
As we celebrate a weekend filled with fanfare and celebrations, with
people involved in their weekend activities, I would ask that we all
take a moment to remember the service of those who did not make it back
to their families and that we rededicate ourselves to caring for those
who continue to bear the cost of our freedoms.
May God bless our veterans, and may we continue to honor those who
have nobly answered the call to serve. On this Veterans Day, may we all
keep the brave members of our military and their families in our
thoughts and prayers as they continue to serve our great Nation.
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