[Congressional Record (Bound Edition), Volume 147 (2001), Part 19]
[Senate]
[Pages 26347-26348]
[From the U.S. Government Publishing Office, www.gpo.gov]



          CONFIRMATION OF EUGENE SCALIA AS SOLICITOR OF LABOR

  Mr. ENZI. Mr. President, I rise this afternoon to speak about the 
nomination of Eugene Scalia as the Solicitor of Labor. On previous 
occasions, I have had the opportunity to speak about Mr. Scalia's 
outstanding qualifications for this position. Today, unfortunately, I 
must also speak about the failure of the majority party to bring his 
nomination to the floor.
  On April 30, 2001, President Bush nominated Eugene Scalia as the 
Solicitor of Labor. That was 231 days ago. On October 17 he was 
reported out of committee. That was 2 months ago today. A lot of time 
has elapsed since his nomination. Time has also elapsed since his 
successful reporting out of committee. This is a longer confirmation 
period than any Solicitor of Labor in the past 20 years.
  Each day that passes without a vote on his nomination is an injustice 
not only to Mr. Scalia but to the President, the Department of Labor, 
and all those who are served by the Department as well.
  I have with me today a letter to Senator Kennedy, who is the head of 
the Health, Education, Labor, and Pensions Committee. The letter adds 
emphasis to what I have just said, that this is the longest time in 20 
years that it has taken for a Solicitor of the Department of Labor to 
be considered. It also talks about how important this position is and 
how important it is to have it filled right away.
  Probably the most important and most interesting part of this is who 
signed it. We have Thomas Williamson, who was the Solicitor of Labor 
under President Clinton; we have Robert Davis, who was the Solicitor of 
Labor under President George H.W. Bush; we have George Salem, who was 
the Solicitor of Labor under President Reagan; and William Kilberg, who 
was the Solicitor of Labor under Presidents Nixon and Ford.
  I ask unanimous consent a copy of this letter be printed in the 
Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                    July 19, 2001.
     Hon. Edward M. Kennedy,
     Chairman, Committee on Health, Education, Labor & Pensions, 
         U.S. Senate, Russell Senate Office Building, Washington, 
         DC.

     Hon. Judd Gregg,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Chairman Kennedy and Senator Gregg: We served as 
     Solicitor of Labor in the administrations of Presidents 
     Nixon, Ford, Reagan, George H.W. Bush, and Clinton. We are 
     writing to urge that the Senate Committee on Health, 
     Education, Labor, and Pensions proceed expeditiously with the 
     nomination of the current Solicitor nominee, Eugene Scalia.
       The uniqueness and importance of the solicitor is reflected 
     by the Department's structure, which places him as the third-
     ranking official, as you are aware. His involvement is 
     crucial to the Department's performance of its important 
     mission--the enforcement of the labor and employment laws 
     administered by the Department, the development of legally 
     compliant policy initiatives, and the issuance of regulations 
     in furtherance of those laws. While it is possible for the 
     Department to function without a confirmed Solicitor for 
     short periods of time, the absence of a Solicitor inevitably 
     causes significant interference with the Department's 
     operation and most important, is detrimental to those who are 
     protected by our Nation's labor laws. Without a Solicitor the 
     Department has more difficulty making important litigation 
     decisions; important enforcement initiatives may be delayed 
     as a consequence, and employment law violations may go 
     unaddressed. The absence of a confirmed Solicitor also makes 
     it harder for the Deparment to make significant regulatory 
     decisions, as the Secretary and other senior staff await 
     legal review by the person the President has nominated for 
     that task. Finally, the institution of the Office of the 
     Solicitor, which is the second largest cabinet-level legal 
     office, itself suffers when the Solicitor cannot personally 
     participate in the Department's deliberations, and functions 
     ordinarily performed by the Solicitor are assumed by other 
     departmental personnel.
       Eugene Scalia was nominated to be Solicitor in April. We 
     recognize that some have raised concerns with his nomination. 
     We believe, however, that the best course at this time is to 
     have those concerns addressed in a confirmation hearing, so 
     that the Office of the Solicitor may be filled as soon as 
     practicable. Thank you.
     Henry L. Solano,
       Solicitor of Labor under President Clinton.
     Robert P. Davis,
       Solicitor of Labor under President George H.W. Bush.
     William J. Kilberg,
       Solicitor of Labor under Presidents Nixon, Ford.
     Thomas S. Williamson,
       Solicitor of Labor under President Clinton.

[[Page 26348]]


     George R. Salem,
       Solicitor of Labor under President Reagan.

  Mr. ENZI. It is difficult to envision a better qualified person for 
the Solicitor of Labor than Eugene Scalia. He is a nationally 
recognized expert in the field of employment and labor law. I sat 
through the hearings in the Health, Education, Labor, and Pensions 
Committee. Some very penetrating questions were asked. Some excellent 
answers were given.
  A record was built. We know this is a man who will follow the 
direction that was given during his hearings and was intended by the 
nomination of the President of the United States, a person who is 
excellently qualified.
  In fact, there was no question of his qualifications. As Professor 
Cass Sunstein from the University of Chicago wrote in support of Mr. 
Scalia's nomination:

       In terms of sheer capacity to do a fine job, he's as good a 
     choice as can be imagined.

  However, this exceptionally qualified nominee has not even been 
afforded a vote on his nomination. In the meantime, the absence of a 
Solicitor significantly harms the Department of Labor's operations as 
well as those who are protected by the Nation's labor laws. The 
Solicitor enforces the laws under the Department's jurisdiction and 
advises on the legality of the actions the Secretary and others at the 
Department want to take. Without this crucial position, the Department 
cannot effectively perform its important mission.
  I do not see any justifiable explanation for failing to bring the 
President's nominee for the Solicitor of Labor to the floor. He 
deserves a vote. What I do see is an attempt to hold up Mr. Scalia's 
nomination because he took a position consistent with a majority of 
both Houses of Congress.
  In previous articles, he had some opposition to ergonomics, and I am 
talking about the repealed ergonomics rule that was put forward by 
OSHA, a rule that was seriously flawed both in its process and in its 
substance. Congress rejected the ergonomics rule for the same reason 
Mr. Scalia and many other experts have articulated.
  There is simply no justification for now denying Mr. Scalia a vote 
because he is opposed to a rule this Senate also rejected.
  There is also simply no justification for opposing Mr. Scalia's 
confirmation because of his last name. I hope my colleagues will not 
allow any antipathy they have for Mr. Scalia's father to cloud this 
body's solemn responsibility regarding confirmation of Presidential 
nominees.
  The President has selected Eugene Scalia to be the Solicitor of 
Labor. Our task is to evaluate whether the President's choice is, in 
fact, qualified for the position. In Mr. Scalia, the President has 
chosen someone with the credentials and character to make an 
outstanding Solicitor.
  Mr. Scalia's nomination has been reported out of committee, yet he 
remains in limbo, as I mentioned, 231 days since his nomination, 2 
months since he was successfully reported out of committee. Mr. 
Scalia's nomination should be brought to the floor of the Senate. Mr. 
Scalia is entitled to that. The President is entitled to that. The 
Secretary of Labor is entitled to that. Everyone who is served by the 
Department is entitled to that. I urge the majority leader and my 
colleagues to ensure this happens.
  I ask my colleagues to read the letter from the former Solicitors to 
see how important the position is and how important it is to have the 
President's choice installed in that position.
  I thank the Chair. I yield the floor and suggest the absence of a 
quorum.
  The PRESIDENT pro tempore. The absence of a quorum having been 
suggested, the clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. CARPER. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDENT pro tempore. Without objection, it is so ordered.

                          ____________________