[Congressional Record Volume 162, Number 6 (Monday, January 11, 2016)]
[Senate]
[Pages S19-S21]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                       Trans-Pacific Partnership

  Mr. BROWN. Mr. President, I came from an informal hearing--not an 
official Senate hearing but a hearing downstairs called by Congressman 
Levin, who is the senior Democrat on the Ways and Means Committee. A 
number of other Members were there, including my colleague from Ohio, 
Representative Kaptur, and a number of people the Presiding Officer 
served with in the House--Congressmen Sarbanes, Rangel, Pascrell, 
Doggett, and Schiff. We discussed the Trans-Pacific Partnership.
  I spoke earlier on this today. I know Senator McConnell has said that 
he will not bring it up this year, I think in large part because of the 
opposition from the country. Senator Lott, the Republican leader, a 
decade or so ago said that you can't pass a trade agreement in an even-
numbered year. He was a strong supporter of these trade agreements. I 
believe he and most in his party supported NAFTA and CAFTA. He wasn't 
here for CAFTA but he was for some of those other trade agreements. But 
he said that because he knows that politicians want to vote for these 
trade agreements in large part because of corporate lobbying. But the 
public doesn't want us to vote for these trade agreements.
  My first year in Congress, I spent much of the year working in 
opposition to the North American Free Trade Agreement. I have seen a 
number of these: NAFTA, PNTR with China, CAFTA, the trade agreement 
with Korea, big promises about jobs, big claims about jobs, and 
exaggerated commitments about jobs. Every time we lose jobs from these 
trade agreements. Our trade deficit is up to a couple billion dollars a 
day now. But if you buy a billion dollars of products from another 
country rather than making them yourselves here, rather than American 
companies making them, we know that costs us jobs. When you think it is 
$2 billion--almost $2 billion every single day, well over a billion, 
but the numbers are not precise--in trade deficit, where we buy from 
other countries more than we export and sell to other countries, we 
know it is costing us jobs.
  One of the other things that came out of this discussion with a 
number of Ways and Means Committee members, small business, a former 
trade negotiator, and a union representative there was how we have seen 
increasingly companies in Little Rock, in Dayton or in Toledo shut down 
production here and move it overseas and then sell those products back 
into the United States.
  The auto industry has not done much of that. When the auto industry 
sets up in Asia and are manufacturing cars, they typically sell them in 
that part of the world. Unfortunately, GM just announced that they are 
going to be making an SUV plant in China and selling those products 
back into the United States. That is a terrible trend.
  The reason I stopped on the floor before the vote in a couple of 
minutes is to say this: The Trans-Pacific Partnership has set us up in 
way that will make that worse. Under NAFTA, Canada, the United States, 
and Mexico--I strongly oppose NAFTA. But under that trade agreement, 
products in automobiles--almost two-thirds of all of the components in 
an automobile--had to be made in one of these three countries in order 
to get the tariff benefits from NAFTA for those companies, those 
products. Now there are 12 countries in the Trans-Pacific Partnership 
and fewer than half the components have to be made in one of these 12 
countries.
  What does that mean? It means that more than half of an automobile 
can come from parts made in China but sold in the United States tariff-
free under the Trans-Pacific Partnership. How can we possibly think 
that makes sense as a policy? That is fundamentally why the Trans-
Pacific Partnership does not make sense for our country. It doesn't 
make sense for small businesses in Mansfield, OH, or in Springfield, 
OH, and it doesn't make sense for the up to 600,000 workers in my 
State--some 600,000 workers who are in the auto supply chain. We know a 
lot of them will lose jobs under the Trans-Pacific Partnership.
  I yield the rest of my time to Senator Leahy.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I thank the distinguished Senator from 
Ohio.
  We are finally going to vote on the long overdue confirmation of 
Judge Luis Felipe Restrepo to fill a judicial emergency vacancy on the 
U.S. Court of Appeals for the third circuit in Pennsylvania. He was 
nominated way over a year ago--nearly 14 months ago--with strong 
bipartisan support from home State Senators. This is a case where, 
unfortunately, the Republican leadership has subjected Judge Restrepo 
to totally unnecessary delay as part of their wholesale obstruction of 
judicial nominees. Their actions hurt not only the people of 
Pennsylvania, but also Americans across the country as judicial 
vacancies have remained unfilled nationwide after Republicans took over 
the Senate majority last year.
  I hope that today's vote and the agreement to vote on four district 
court nominees this work period signals a return to the Senate 
fulfilling its constitutional duty of providing advice and consent on 
the President's nominees. In all of 2015, Senate Republicans allowed 
votes on only 11 judicial nominations. This matched the record for 
confirming the fewest number of judicial nominees in more than half a 
century. I mention that because Democrats took the majority in the last 
2 years of President Bush's term. We confirmed 40 judges during that 
year--

[[Page S20]]

40. I was chairman. I remember that very well. I didn't want to repeat 
the things that we saw during the Clinton administration, where the 
Republicans came in and the then-Republican chairman of the Senate 
Judiciary Committee killed over 60 nominees of the Clinton 
administration by not allowing them to have a vote in committee. I 
said: Let's move faster. I moved 40 through. Did the Republicans do the 
same? No, they allowed 11.
  Republicans also left town at the end of last year with 19 judicial 
nominees still pending on the floor, including Judge Restrepo. Each of 
the nominees has the support of their home state Senators and their 
nominations were reported out of the Judiciary Committee by voice vote. 
These are the kind of noncontroversial judicial nominees that the 
Senate has traditionally confirmed at the end of a session. During the 
Obama administration, however, Republicans have rejected this practice.
  Judge Restrepo exemplifies the kind of consensus nominee that should 
have been easily confirmed at the end of the session. He is nominated 
to fill an emergency vacancy on the Third Circuit Court of Appeals, 
which has two vacant judgeships in Pennsylvania. He has the strong 
bipartisan support of his home state Senators, Senator Casey and 
Senator Toomey. In fact, Senator Toomey has said he personally 
recommended Judge Restrepo to the President for the nomination. In 
2013, this body confirmed Judge Restrepo's nomination to the Federal 
district court by voice vote. I have heard no objection from any 
Senator to Judge Restrepo's nomination. I cannot believe this man who 
will be the first Hispanic judge from Pennsylvania for the third 
circuit was humiliated by having to wait 14 months. This highly 
qualified Hispanic judge was told to go to the back of the line and 
wait 14 months. It is wrong. It is absolutely wrong.
  I will vote to confirm Judge Restrepo. Since 2013, he has served as a 
judge on the U.S. District Court for the Eastern District of 
Pennsylvania. For the seven years prior, he served as a Federal 
magistrate judge on the same court. Before joining the bench, Judge 
Restrepo was in private practice as a named partner at Krasner & 
Restrepo. He began his legal career serving as a public defender as an 
Assistant Defender for the Defender Association of Philadelphia before 
becoming an Assistant Federal Defender for the Federal Community 
Defender Office for the Eastern District of Pennsylvania. He was voted 
out of the Judiciary Committee by unanimous voice vote on July 9, 2015. 
His nomination has the full support of the Hispanic National Bar 
Association. I ask unanimous consent to have printed in the Record a 
copy of the Hispanic National Bar Association's letter in support of 
Judge Restrepo at the conclusion of my remarks.
  Republicans' obstruction of highly qualified judicial nominees with 
strong support, like Judge Restrepo, has resulted in a sharp rise in 
judicial vacancies. When Senate Republicans took over the majority in 
January of last year, there were 43 judicial vacancies. After a year of 
Republicans neglecting judicial confirmations, vacancies have 
dramatically increased to 72--an increase of more than 60 percent. 
Furthermore, the number of judicial vacancies deemed to be 
``emergencies'' by the Administrative Office of the U.S. Courts because 
caseloads in those courts are unmanageably high has nearly tripled 
under Republican Senate leadership--from 12 when Republicans took over 
last year to 33 today. In his annual year-end report, even Chief 
Justice Roberts drew our attention to the ``crushing dockets'' and 
heavy caseloads that strain the Federal judiciary and prevent Americans 
from obtaining timely justice in our courts.
  The high number of vacancies is entirely of the Senate Republican 
leadership's making, and Senate action is required to resolve it. The 
first step is to confirm the rest of the 18 judicial nominees pending 
right now on the floor. Under a bipartisan agreement reached at the end 
of last year, the Majority Leader will schedule confirmation votes on 
four district court nominees between now and the President's Day 
recess. After we vote on those nominees, we will still have nominees 
from Tennessee, Maryland, New Jersey, Nebraska, New York, and 
California pending on the floor, nearly all of whom would fill 
emergency vacancies. Votes on these nominees must be scheduled without 
further delay.
  Let's start facing up to fact that we have enormous problems with 
judiciary emergencies in States where both Republicans and Democrats 
have supported the nominees. Let them come forward. Let them be voted 
on. Let's stop making the Federal courts a political pawn. It is bad 
enough with all the political shenanigans going on in this country 
anyway in an election year. Don't do them with the Federal court 
system. We have the best, the most honest, the least partisan Federal 
court system anywhere in the world. But don't say: Oh, you are a highly 
qualified Hispanic nominee, but you just wait there for 14 months, be 
humiliated, and then we will finally allow a vote. I don't care whether 
someone is Hispanic or non-Hispanic; we have so many men and women who 
are highly qualified.

  In addition to the nominees pending on the floor, there are also four 
Pennsylvania district court nominees that the Senate Judiciary 
Committee is poised to report out this month. I sincerely hope the 
junior Senator from Pennsylvania can convince the Republican Majority 
Leader not to submit these additional Pennsylvania nominees to the 
extensive confirmation delay that Judge Restrepo endured. The people of 
Pennsylvania have waited long enough. I also understand that the White 
House has been working for months with Senator Toomey and Senator Casey 
on the second Pennsylvania vacancy on the third circuit. I look forward 
to the Judiciary Committee considering that nomination soon.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                   March 31, 2015.
     Re Hispanic National Bar Association Endorsement of 
         Nomination of The Honorable Luis Felipe Restrepo to the 
         United States Court of Appeals for the Third Circuit.

     Hon. Chuck Grassley,
     U.S. Senate,
     Washington, DC.
     Hon. Patrick Leahy,
     U.S. Senate,
     Washington, DC.
       Dear Chairman Grassley and Ranking Member Leahy: On behalf 
     of the Hispanic National Bar Association (``HNBA''), we write 
     to recommend the confirmation of the Honorable Luis Felipe 
     Restrepo to the United States Court of Appeals for the Third 
     Circuit. As explained below, we believe that Judge Restrepo 
     has all the requisite qualifications to serve in this role 
     and will serve the Court and the parties that come before it 
     with distinction and integrity.
       The HNBA is a non-profit, non-partisan national membership 
     association that represents the interests of Hispanic 
     attorneys, judges, law professors, law students, and legal 
     professionals in the United States and Puerto Rico. One of 
     the HNBA's many institutional objectives is to advocate and 
     work to ensure that the federal and state courts in our 
     nation are diverse and reflect the citizenry that come before 
     our courts daily.
       Judge Restrepo sought the HNBA's endorsement shortly after 
     President Obama nominated him to the United States Court of 
     Appeals for the Third Circuit. The HNBA conducted a thorough 
     due diligence process that included interviews of personal 
     and professional references (including judges and attorneys), 
     a review of his scholarly writings and legal opinions, and a 
     thorough Internet search. We also have considered his 
     background and qualifications in the context of the 
     requirements of the position for which he was nominated, as 
     well as the requirements of the HNBA's Policies and 
     Procedures Governing Judicial Endorsements. After a careful 
     review, it is clear that Judge Restrepo possesses the 
     professional expertise, experience, personal integrity and 
     judicial temperament to distinguish himself as a federal 
     appellate judge. Accordingly, we urge you to confirm his 
     nomination to the United States Court of Appeals for the 
     Third Circuit.
       Prior to being sworn in as a District Judge for the Eastern 
     District of Pennsylvania in 2013 and his appointment as a 
     Magistrate Judge in 2006, Judge Restrepo was a highly-
     regarded Philadelphia attorney and founding member of the 
     firm of Krasner & Restrepo, concentrating on criminal defense 
     and civil rights litigation. Before forming his law firm, he 
     served as an assistant federal defender with the Community 
     Federal Defender for the Eastern District of Pennsylvania, 
     and an assistant defender for the Defender Association of 
     Philadelphia. He is an adjunct professor at Temple University 
     James E. Beasley School of Law, was an adjunct professor at 
     the University of Pennsylvania Law School from 1997-2009 
     where he was appointed the Irving R. Segal Lecturer in 
     advocacy, and has taught with the National Institute for 
     Trial Advocacy in regional and national programs since 1991. 
     He

[[Page S21]]

     has been a lecturer at seminars sponsored by a number of 
     agencies and organizations and has written numerous articles 
     appearing in a variety of national publications. Throughout 
     his career, Judge Restrepo has stood out as an exceptional 
     role model for community involvement and civic participation. 
     He has devoted his time and expertise to a variety of boards 
     and commissions as well as the Eastern District prisoner 
     reentry program.
       The HNBA's due diligence process has confirmed that Judge 
     Restrepo's integrity, knowledge of the law, breadth of 
     professional experience, and intellectual capacity make him 
     well suited to sit as a federal appellate judge. Accordingly, 
     it is with great pride that we have the privilege of 
     endorsing the Honorable Luis Felipe Restrepo and recommend 
     his confirmation to serve as a Judge on the United States 
     Court of Appeals for the Third Circuit. Please do not 
     hesitate to contact us at the HNBA National Office at (202) 
     223-4777, or you may contact Cynthia D. Mares directly at 
     (720) 314-1295 or by e-mail at [email protected], if we can 
     be of any further assistance.
       Thank you for your consideration.
           Sincerely,
                                                 Cynthia D. Mares,
                                          HNBA National President.
                                                     Robert Raben,
                                  Chair, HNBA Judiciary Committee.

  Mr. LEAHY. Mr. President, I know the time for the vote is upon us.
  Have the yeas and nays been ordered?
  The PRESIDING OFFICER. They have not.
  Mr. LEAHY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  Mr. LEAHY. I yield back all time, and I yield the floor.
  The PRESIDING OFFICER. Without objection, all time is yielded back.
  The question is, Will the Senate advise and consent to the nomination 
of Luis Felipe Restrepo, of Pennsylvania, to be United States Circuit 
Judge for the Third Circuit?
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Louisiana (Mr. Cassidy), the Senator from Indiana (Mr. 
Coats), the Senator from Idaho (Mr. Crapo), the Senator from Texas (Mr. 
Cruz), the Senator from South Carolina (Mr. Graham), the Senator from 
Georgia (Mr. Isakson), the Senator from Florida (Mr. Rubio), the 
Senator from South Carolina (Mr. Scott), and the Senator from Louisiana 
(Mr. Vitter).
  Mr. DURBIN. I announce that the Senator from Minnesota (Mr. Franken), 
the Senator from Vermont (Mr. Sanders), and the Senator from Michigan 
(Ms. Stabenow) are necessarily absent.
  The PRESIDING OFFICER (Mr. Lankford). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 82, nays 6, as follows:

                       [Rollcall Vote No. 1 Ex.]

                                YEAS--82

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Booker
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Cotton
     Daines
     Donnelly
     Durbin
     Enzi
     Ernst
     Feinstein
     Fischer
     Flake
     Gardner
     Gillibrand
     Grassley
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Johnson
     Kaine
     King
     Kirk
     Klobuchar
     Lankford
     Leahy
     Manchin
     Markey
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Perdue
     Peters
     Portman
     Reed
     Reid
     Roberts
     Rounds
     Sasse
     Schatz
     Schumer
     Shaheen
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Udall
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--6

     Blunt
     Inhofe
     Lee
     Risch
     Sessions
     Shelby

                             NOT VOTING--12

     Cassidy
     Coats
     Crapo
     Cruz
     Franken
     Graham
     Isakson
     Rubio
     Sanders
     Scott
     Stabenow
     Vitter
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table and the President 
will be immediately notified of the Senate's action.

                          ____________________