[Congressional Record Volume 166, Number 48 (Thursday, March 12, 2020)]
[Senate]
[Pages S1721-S1722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of James P. Danly
Mr. MANCHIN. Mr. President, I will be voting to confirm Mr. Danly's
nomination to be a member of the Federal Energy Regulatory Commission.
I am doing so because I believe he is well qualified for the job. He
has been the Commission's general counsel for the past 2\1/2\ years. He
understands the complex legal issues that come before the Commission.
I voted to report Mr. Danly's nomination, both last November and
again last week, on the strength of his qualifications, not on
politics. I urge my colleagues to do the same.
The position to which Mr. Danly has been nominated is one of five
seats on the Federal Energy Regulatory Commission. By law, no more than
three of the five seats can be held by one party. Only three of the
seats are now filled--two by Republicans and one by a Democrat. The
other Democratic seat has been vacant since last August.
Traditionally, when both a Republican seat and a Democratic seat have
been vacant, past Presidents have sent nominations to fill both at the
same time. I am deeply disappointed that this has not happened this
time. The politics involved in this town are outrageous. It is truly
outrageous that even proper decorum, simple civility, and just a little
bit of procedure are not even considered anymore.
The White House has had a highly qualified candidate to fill the
Democratic seat for over a year, who has been totally vetted and has
gone through all the processes that we have, but the President and his
staff have still not sent us her nomination. I think they are scared. I
hear this because she is a very, very bright, very smart, very
articulate, and very intelligent person. She knows the issues, and she
is well respected in her field.
By breaking the longstanding practice of pairing nominations and not
sending us a nomination for the Democratic seat, the administration
undermines the bipartisan structure of the Commission. I made a
commitment to Mr. Danly that I would support his nomination because he
is well qualified, and I will honor that commitment and vote to confirm
him. Two wrongs don't make a right here, but this has got to stop.
Both sides have to stand up and say: Mr. President, this is a
tradition. This is what we do. This is customary of what has been done,
and it gives us a five-member FERC, which is extremely important for
energy in our country and the reliability that we depend on.
But as I told my colleagues on the Energy and Natural Resources
Committee, when we voted on Mr. Danly's nomination, I will not support
another nominee unless we get both. This has to stop, and I am asking
my colleagues on the Republican side to please help us with some kind
of structure and some kind of procedure back into the operation. We
need to start acting as a Senate and not be guided by the politics--the
toxic politics--and this tribal mentality. I want the President to send
us the nominations so we can have a fully functioning committee.
So with that, I ask all of my colleagues, please, let's vote for the
qualifications of the person, not the politics of the person. Also,
let's make sure we have a complete, working Commission and not just a
partial Commission that is overweighted.
With that, I yield the floor.
The PRESIDING OFFICER. The question is, Will the Senate advise and
consent to the Danly nomination?
Mr. MANCHIN. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Texas (Mr. Cruz), the Senator from Kansas (Mr. Moran), the Senator
from Georgia (Mr. Perdue), and the Senator from Florida (Mr. Scott).
Further, if present and voting, the Senator from Kansas (Mr. Moran)
would have voted ``yea.''
Mr. DURBIN. I announce that the Senator from Washington (Ms.
Cantwell), the Senator from Minnesota
[[Page S1722]]
(Ms. Klobuchar), the Senator from Vermont (Mr. Sanders), and the
Senator from Massachusetts (Ms. Warren) are necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 52, nays 40, as follows:
[Rollcall Vote No. 72 Ex.]
YEAS--52
Alexander
Barrasso
Blackburn
Blunt
Boozman
Braun
Burr
Capito
Cassidy
Collins
Cornyn
Cotton
Cramer
Crapo
Daines
Enzi
Ernst
Fischer
Gardner
Graham
Grassley
Hawley
Hoeven
Hyde-Smith
Inhofe
Johnson
Jones
Kennedy
Lankford
Lee
Loeffler
Manchin
McConnell
McSally
Murkowski
Paul
Portman
Risch
Roberts
Romney
Rounds
Rubio
Sasse
Scott (SC)
Shelby
Sinema
Sullivan
Thune
Tillis
Toomey
Wicker
Young
NAYS--40
Baldwin
Bennet
Blumenthal
Booker
Brown
Cardin
Carper
Casey
Coons
Cortez Masto
Duckworth
Durbin
Feinstein
Gillibrand
Harris
Hassan
Heinrich
Hirono
Kaine
King
Leahy
Markey
Menendez
Merkley
Murphy
Murray
Peters
Reed
Rosen
Schatz
Schumer
Shaheen
Smith
Stabenow
Tester
Udall
Van Hollen
Warner
Whitehouse
Wyden
NOT VOTING--8
Cantwell
Cruz
Klobuchar
Moran
Perdue
Sanders
Scott (FL)
Warren
The nomination was confirmed.
The PRESIDING OFFICER. The majority whip.
Mr. THUNE. Mr. President, I ask unanimous consent that with respect
to the Danly nomination, the motion to reconsider be considered made
and laid upon the table and the President be immediately notified of
the Senate's action.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________