[Congressional Record (Bound Edition), Volume 155 (2009), Part 19]
[Senate]
[Page 25370]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. DURBIN. Mr. President, I ask unanimous consent the Senate proceed 
to executive session to consider Calendar Nos. 132, 475, 476, 479, 485, 
486; that the nominations be confirmed en bloc, the motions to 
reconsider be laid upon the table en bloc; that no further motions be 
in order; that any statements relating to the nominations be printed in 
the Record; provided further that the President be immediately notified 
of the Senate's action; further, that the cloture motion with respect 
to Calendar No. 132 be withdrawn and the Senate then return to 
legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                  united states sentencing commission

       William K. Sessions III, of Vermont, to be Chair of the 
     United States Sentencing Commission.
       William E. Spriggs, of Virginia, to be an Assistant 
     Secretary of Labor.
       Joseph A. Main, of Virginia, to be Assistant Secretary of 
     Labor for Mine Safety and Health.


                          department of energy

       Jose Antonio Garcia, of Florida, to be Director of the 
     Office of Minority Economic Impact, Department of Energy, 
     vice Theresa Alvillar-Speake, resigned.


                       department of the interior

       Marcia K. McNutt, of California, to be Director of the 
     United States Geological Survey.


                          department of energy

       Arun Majumdar, of California, to be Director of the 
     Advanced Research Projects Agency--Energy, Department of 
     Energy.


                 Nomination of William K. Sessions III

  Mr. LEAHY. Mr. President, today, the Senate is taking action long 
delayed by an anonymous Republican hold. That hold has extended for 
almost 6 months without explanation. I have spoken repeatedly to the 
Republican leader, the assistant Republican leader, and the ranking 
Republican on the Senate Judiciary Committee. No one has given me any 
explanation for the hold. When the Senate majority leader asked back in 
early June to proceed to the nomination that was reported without 
objection by the Senate Judiciary Committee on May 7, the Republican 
leader objected, saying ``we have not had an opportunity to get that 
cleared.'' They had had a month; another 4 months have now passed. In 
violation of the Honest Leadership and Open Government Act, no 
Republican Senator has come forward in all this time to identify 
himself and specify a reason for the hold.
  Judge Sessions is an extraordinary public servant. Judge Sessions has 
twice previously been confirmed unanimously by the Senate to serve on 
the Sentencing Commission. He has served with distinction for 10 years, 
and has served as a vice chair of the Sentencing Commission. He is a 
distinguished U.S. Federal judge who has served for 14 years and now 
serves as the chief judge for the District of Vermont. He is a member 
of the Judicial Conference of the United States, made up of the leaders 
of the Federal judiciary. He has also contributed to his local 
community as a public defender, an adjunct law professor, and even as a 
coach of the local Little League team. A lawyer's lawyer and a judge's 
judge, he has earned the praise of both the prosecution bar and the 
defense bar.
  Judge Sessions is eminently well qualified to serve as the chair of 
the Sentencing Commission. I must say that in my numerous conversations 
with Republican Senators and Republican Senate leaders during the last 
6 months, no one raised any dispute or criticism or reason for this 
obstruction and delay.
  This is most unfortunate because some of us have worked very hard to 
move beyond the era when delays in nominations to fill vacancies on the 
Sentencing Commission got so bad and extended so long that it drew the 
attention of the Chief Justice of the United States in his annual 
reports in 1997 and 1998. I have worked with the Republican chairmen 
and ranking members on the Judiciary Committee and consistently 
protected their rights and interests. I have treated their recommended 
nominees with respect and shown them support. I worked to break the 
impasse in the Republican-led Senate by working across the aisle and 
with the White House to develop a slate of nominees, Republican, 
Democratic and independent, that was confirmed as a group. Thereafter, 
I have worked conscientiously with the lead Republican on the Judiciary 
Committee to fill vacancies appropriately as they arose.
  Most recently, I worked even during the last weeks of the Bush 
administration to have the Judiciary Committee report and the Senate 
confirm two nominees recommended and supported by Senate Republicans. 
William Carr, a recommendation from the ranking Republican on the 
Judiciary Committee, was confirmed on November 20, 2008, weeks after 
the Presidential election, and now serves as a vice chair. We also 
proceeded to confirm to another term Judge Ricardo Hinojosa, who I 
supported when he was nominated to the Commission by his friend 
President Bush in January 2003, when he was nominated and confirmed as 
chair in 2004, and when he was renominated for another term and 
confirmed in November 2008. Judge Hinojosa has served as acting chair 
because Republicans have held up the confirmation of Judge Sessions. 
Apparently, Senate Republicans have chosen to respond to our having 
proceeded with those confirmations in November 2008 to the Sentencing 
Commission and to my years of cooperative efforts by resorting to delay 
and obstruction. They have refused to allow the Senate to consider the 
nomination of Judge Sessions to serve as chair of the Sentencing 
Commission for the last several months.
  I commend Judge Sessions for his patience, determination and sense of 
public service. I thank the majority leader for proceeding to file the 
cloture petition last night that is finally resulting in Senate action 
on this important nomination.

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