[Congressional Record (Bound Edition), Volume 156 (2010), Part 4]
[Senate]
[Pages 5790-5794]
[From the U.S. Government Publishing Office, www.gpo.gov]




             UNANIMOUS-CONSENT REQUESTS--EXECUTIVE CALENDAR

  Mrs. McCASKILL. Madam President, earlier today I came to the floor to 
talk about transparency and the bright sunshine of public service and 
how foundational it is to that service being open. It is impossible to 
do the people's business if we do not allow the people to see what we 
are doing.
  I remember sound and fury coming from some of my friends on the other 
side of the aisle when they believed there were decisions being made 
about the health care bill behind closed doors, sound and fury that 
somehow someone wasn't telling the public everything that was going on. 
Meanwhile, dozens and dozens of nominees to do the work of our 
government have piled up under the heading of a ``secret hold.''
  I don't really understand how the secret hold came about. I don't 
really understand why one would ever need a hold to be secret. Why does 
it need to be a secret? Is there something going on that you are not 
proud of? Is there a problem you don't want people to find out about?
  I have to tell my colleagues, I kind of admire the Senator from 
Louisiana, who boldly spoke out that he is holding a general and not 
allowing this general to get another star, after a unanimous vote of 
the Armed Services Committee, because he wants a special project for 
his State that hasn't been authorized

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and hasn't been appropriated--bold but not unheard of, unfortunately, 
around here. People are constantly making deals for pork. Pork is an 
important part of the dealmaking around this place. Way too much of it 
goes on behind closed doors. But at least the Senator from Louisiana 
and I think earlier the Senator from Alabama--at least they were 
willing to publicly say they were holding a nominee because they wanted 
some pork for their States.
  What I am most worried about is how many people out there are holding 
these nominees for secret reasons, and there are secret negotiations 
going on about what they want to get in order to release the hold. That 
is what everyone should be uncomfortable with.
  Because we were uncomfortable with it, the Senate passed a bill. We 
passed a bill that was signed into law by President Bush, and I think 
this bill was passed 90-something to 4. In that bill, in section 512, 
it lays out what we thought was going to be an end to the secret hold. 
In the bill, it says that once someone makes a unanimous-consent 
request for a nomination to proceed, then that is the starting gun. The 
clock begins ticking. In that law, it says that when the motion is 
made, the Member of the Senate who has a secret hold must notify their 
party leader of the reasons why the nomination is being held; further, 
that the hold must be published, and the reasons for it, in the 
Congressional Record within 6 days.
  Well, this morning I began the process of making that clock tick so 
that secret holds come out in the open where we can all identify them. 
Keep in mind that all of the names I am trying to begin the clock 
ticking for under secret holds came out of committee without an 
objection. In fact, we even went so far as to go back in the record and 
see if there was a voice vote, and even if there was a voice vote 
against the nominee, we didn't include them in this list. So these 
literally are people who have been nominated to do important things in 
our government, such as putting criminals in jail, sitting on the 
bench, moving prisoners around the country, an ambassador to a country 
that is incredibly important to the stability of the Middle East and 
our national security. All of these people have not had anyone speaking 
out in opposition to them. Yet they are held in secret.
  So it is important to begin this process so that Senators can proudly 
explain what exactly--I think there are many examples, probably, of 
what the Senator from Louisiana was trying to do. The man he is holding 
has nothing to do with the project he wants. The man he is holding 
can't even deliver the project he wants. He is just telling that 
agency: You are not going to get what you want until I get what I want. 
I have to tell my colleagues that is not the way the American people 
want this place run.
  While the vast majority of these are secret holds by our friends from 
across the aisle, there are also a handful that are being held by 
Democrats, and that is just as wrong. This is a bipartisan issue. It is 
about good government, transparency, and doing the people's business in 
public instead of in secret.
  I wish to clarify a point made earlier today in an exchange I had 
with the Senator from Arizona. The Senator asked why I did not include 
Calendar No. 208, John Sullivan, a member of the FEC, on my list. As I 
stated earlier, my list consists of those nominees who have secret 
holds. It is my understanding that the Democratic Senator from 
Wisconsin raised his objection to Mr. Sullivan publicly and put out a 
public statement on his opposition to Mr. Sullivan on June 30, 2009.
  If any of these names I am going to proceed to try to get unanimous 
consent on--if any Member has, in fact, put out a public statement on 
their opposition, then obviously they just need to speak up. That is 
what we are looking for here. We are looking for people to speak and 
own up to their objection. There is nothing wrong with holding a 
nominee if you have an objection. There is something wrong if it is 
secret. There is nothing wrong with debating a nominee. There is if it 
is secret. There is nothing wrong with voting no on a nominee. That is 
public. It is the secrecy we have to get at here.
  So I ask unanimous consent that the Senate proceed to executive 
session to consider Calendar No. 652, the nomination of Michael 
Mundaca, Assistant Secretary of the Treasury; that the nomination be 
confirmed, the motions to reconsider be considered made and laid upon 
the table, no further motions be in order, the President be immediately 
notified of the Senate's action, and that any statements relating to 
the nominee be printed in the Record.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Arizona.
  Mr. KYL. Reserving the right to object, and I will simply make a 
couple of comments at this point because, as my colleague has said, it 
is her intention to make further unanimous-consent requests, and much 
of what I say will be linked to them as well. So with her indulgence, 
let me just make a couple of points.
  I don't know whether there are, in fact, holds on all of the 
individuals for whom there will be a unanimous-consent request made or 
whether in some cases there was just a failure to clear on what we call 
around here a hotline; that is to say, a request made by the clerks on 
both the Republican and Democratic side.
  I don't know who has holds on these individuals. If there are, I 
haven't looked it up. There are some, clearly, who are not 
objectionable who are on the Executive Calendar. I think, for example, 
of U.S. Marshals and, as far as I know, there will be no objection on 
our side. Those are simply to be worked out, in terms of when the votes 
will occur, between the two leaders. There is a process for that to 
occur. We just voted for a judge, and that process was done.
  I understand there is an agreement for a Department of Justice 
Assistant Counsel who will be voted on tomorrow and two judges--I think 
both circuit court judges--which has been worked out by the leaders.
  I only say, if my colleague from Missouri intends to ask unanimous-
consent requests that each of the individuals she names be approved by 
unanimous consent, I will have to object to that because I think it is 
more appropriate for our leaders to determine a time for debate, if 
there needs to be debate, and a vote, if there needs to be a vote. 
Short of that, I will have to object to the unanimous-consent request. 
Therefore, with respect to the specific request just made, 
respectfully, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mrs. McCASKILL. Madam President, when someone fails to clear someone 
they are holding--and they have a right to do that--this is not a 
debate over whether people have a right to hold. I assure the Senator 
from Arizona that the leader is very aware these motions are being 
made. These motions are being made simply for the purpose to allow the 
rule to operate the way we wrote the law. We have a bad habit. I can 
just whisper into somebody's ear and hold a nomination. That is why we 
put these provisions in the law--to stop the bad habit of somebody 
saying: If you give me that bill, I will let that guy go or, if you 
give me that levee, I will let that guy go or, if you give me something 
I want, I will let the guy go. That is why this law was written--to 
stop the bad habit of somebody being able to stop a nomination without 
having to say why or even who.
  So this is only an attempt--this is not to say all of these nominees 
will go through. I am not naive. I know they all will not move through 
this afternoon by unanimous consent, but this is notice to the American 
people that we are going to try to begin to enforce the law we wrote.
  It has been pointed out to me: Well, you didn't put an enforcement 
mechanism in there. Do we have to make it a misdemeanor for a Senator 
to claim a hold? Do we have to say you can go to jail if you don't 
identify your hold? You would think that Senators passing by a large 
margin and signed by a Republican President of 90-some to something, 
that that alone would be enough that people would, in fact--I would 
hope the people I named this morning--

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the people holding them have already notified the Senator from Arizona 
or the Senator from Kentucky that they are, in fact, the ones holding 
these nominations and why. This is the only purpose of this exercise--
to make the law work that we voted for, that I am confident the Senator 
from Arizona voted for, and that the leader from Kentucky voted for and 
the entire Republican leadership voted for.
  Mr. KYL. If the Senator will yield, I appreciate my colleague's 
comments, which I consider well taken. It is my practice if I have a 
hold on someone, it is for a very specific purpose that I consider to 
be legitimate, and I will notify whoever may be involved in it. When I 
talked about clearing the so-called hotline, I meant this: Sometimes 
either a piece of legislation or a nominee will be hotlined--usually in 
the evening after all business has expired and most of us have gone 
home--and I have on occasion, because my staff will then be informed of 
that, and sometimes they will respond to that hotline by saying Senator 
Kyl does not approve of that bill or nominee because I know nothing 
about it. The next morning we will take a look at it, and 9 times out 
of 10 say: OK, no problem. Let it go.
  Technically, I think that could be deemed a hold under the 
legislation to which we referred. I don't think any of us are getting 
to that objection. About 1 time out of 10, there is usually something 
you say: I don't like X in the bill. And frequently that gets cleared 
up. I think sometimes the practice of hotlining can be a good practice, 
but it means everybody needs to look at what is being hotlined and have 
an opportunity to register an objection or get it worked out or maybe 
the objection would stand.
  To the point of my colleague about the so-called secret holds, I 
totally agree. The fact is, there are different reasons some people 
might be on the calendar my colleague is reading, but I don't know 
those reasons. I need to object on behalf of the minority tonight, and 
I will do that.
  To the extent they are secret and being used for some of the purposes 
my colleague described, I agree those are improper, and that happens 
around here.
  Mrs. McCASKILL. I appreciate my friend's comments. I understand he is 
not someone making secret holds, and he is objecting on behalf of 
others. There is not a problem with that. I want to make the point 
that, under the law, it is technically not a hold until this unanimous-
consent request is made. So there is no obligation under the law for 
someone to identify their hold until this request is made. I would 
think that after these requests are made, everybody will be on notice 
to follow the law and stop with the secret hold business because it is 
going to slow us down to have to constantly come to the floor and make 
these unanimous-consent requests.
  Wouldn't it make more sense for everybody to own it, if they are 
going to stop somebody's life--a lot of these people have given up 
other jobs and are out there in limbo. Wouldn't it make more sense to 
own it and not go through these games?
  At this time in the Bush administration we had five backed up. We 
have 80-some now.
  Madam President, I ask unanimous consent that the Senate proceed to 
executive session to consider Calendar No. 705, the nomination of James 
P. Lynch, to be Director of the Bureau of Justice Statistics; that the 
nomination be confirmed, the motions to reconsider be considered made 
and laid upon the table; that no further motions be in order; that the 
President be immediately notified of the Senate's action, and that any 
statements regarding the nomination be printed in the Record as if 
read.
  The PRESIDING OFFICER. Is there objection?
  Mr. KYL. Madam President, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mrs. McCASKILL. Madam President, I ask unanimous consent that the 
Senate proceed to executive session to consider Calendar No. 722, the 
nomination of Judith Ann Stewart Stock, to be Assistant Secretary of 
State; that the nomination be confirmed; that the motions to reconsider 
be considered made and laid upon the table; that no further motions be 
in order; that the President be immediately notified of the Senate's 
action, and that any statements relating to the nomination be printed 
in the Record, as if read.
  The PRESIDING OFFICER. Is there objection?
  Mr. KYL. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mrs. McCASKILL. Madam President, I ask unanimous consent that the 
Senate proceed to executive session to consider Calendar No. 726, the 
nomination of Patricia A. Hoffman, to be Assistant Secretary of Energy; 
that the motions to reconsider be considered made and laid upon the 
table; that no further motions be in order; that the President be 
immediately notified of the Senate's action, and that any statements 
relating to the nominee be printed in the Record as if read.
  The PRESIDING OFFICER. Is there objection.
  Mr. KYL. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mrs. McCASKILL. Madam President, I ask unanimous consent that the 
Senate proceed to executive session to consider Calendar No. 728, the 
nomination of Gloria M. Navarro, to be U.S. district judge for the 
District of Nevada; that the motions to reconsider be considered made 
and laid upon the table; that no further motions be in order; that the 
President be immediately notified of the Senate's action, and that any 
statements relating to the nomination be printed in the Record as if 
read.
  The PRESIDING OFFICER. Is there objection?
  Mr. KYL. Madam President, reserving the right to object, I might 
inquire of my colleague. I gather there will be several individual 
unanimous-consent requests made for the purpose of getting on the 
record the objection as to each name on the calendar. I believe we can 
accomplish that purpose by an en bloc request. If my colleague were to 
make such a request, it would be deemed that the request was made for 
each of the individual names, and perhaps my colleague would read the 
numbers on the calendar. I can then interpose an objection. If my 
colleague's purpose is beginning the clock, as it were, or requiring 
the person with the hold on the individual having to come forward, that 
could be achieved. I would be happy to spare the time of my colleague 
and the Senate from going through each individual name. I can object en 
bloc and that process can then commence, if that is acceptable.
  Mrs. McCASKILL. Pardon me while I consider the irony that the 
assistant leader of the other party wants to save time. I find that 
slightly ironic under the circumstances of how many of these 
nominations have been blocked up all these months.
  Having said that, it is my understanding that this law requires the 
motion to be made on each individual. I don't want there to be any 
question as to whether each individual unanimous-consent request has 
been made, so that everyone understands that the clock is ticking. I 
think it is very important that there is a very clear signal. I don't 
believe this procedure has ever been undertaken before under the new 
law we passed in January of 2007. I want to make sure after the fact--
because I am worried that perhaps somebody is going to think if we 
didn't make the request, they can tag team and withdraw their secret 
hold and put another one in. I am trying to make sure that doesn't 
happen.
  Mr. KYL. I appreciate that concern, and I would think by a unanimous-
consent agreement, which specifically stated the reason for it, as both 
of us have said, that it would be our intention that the process would 
be invoked by an en bloc request, if the Chair would rule on the 
matter, perhaps that would be sufficient to move forward on it, and we 
could know at that point that the process had been invoked for 
everybody.
  Might I inquire whether the Chair would consider the process to be 
invoked for all of the names considered in the Senator's request?

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  The PRESIDING OFFICER. An en bloc unanimous-consent request will 
satisfy the procedural requirements.
  Mr. KYL. I would be happy to have the Senator proceed whatever way 
she would prefer and for me to object appropriately for that purpose.
  Mrs. McCASKILL. In the spirit of moving things along and getting 
cooperation to move things along, which I hope is something that 
becomes a trend, I will be happy to read off all the names and then 
make the motion en bloc, with one objection to be heard for the record, 
and we hopefully will get letters flowing into the office from the 
persons having secret holds. I will begin to read the names:
  Calendar No. 729, Jon E. DeGuilo, to be U.S. district judge for the 
Northern District of Indiana;
  Calendar No. 730, Audrey Goldstein Fleissig, to be U.S. district 
judge for the Eastern District of Missouri;
  Calendar No. 731, Lucy Haeran Koh, to be U.S. district judge for the 
Northern District of California;
  Calendar No. 732, Tanya Walton Pratt, to be U.S. district judge for 
the Southern District of Indiana;
  Calendar No. 740, Marilyn A. Brown, to be a member of the board of 
directors, Tennessee Valley Authority;
  Calendar No. 741, William B. Sansom, to be a member of the board of 
directors, Tennessee Valley Authority;
  Calendar No. 742, Neil G. McBride, to be a member of the board of 
directors, Tennessee Valley Authority;
  Calendar No. 743, Barbara Short Haskew, to be a member of the board 
of directors, Tennessee Valley Authority;
  Calendar No. 759, Jane E. Magnus-Stinson, to be U.S. district judge 
for the Souther District of Indiana;
  Calendar No. 775, Brian Anthony Jackson, to be U.S. district judge 
for the Middle District of Louisiana;
  Calendar No. 776, Elizabeth Erny Foote, to be U.S. district judge for 
the Western District of Louisiana;
  Calendar No. 777, Mark A. Goldsmith, to be U.S. district judge for 
the Eastern District of Michigan;
  Calendar No. 778, Marc Treadwill, to be U.S. district judge for the 
Middle District of Georgia;
  Calendar No. 779, Josephine Staton Tucker, to be U.S. district judge 
for the Central District of California;
  Calendar No. 780, William N. Nettles, to be U.S. attorney for the 
District of South Carolina;
  Calendar No. 781, Wilfredo A. Ferrer, to be U.S. attorney for the 
Southern District of Florida;
  Calendar No. 782, Michael Peter Huerta, to be Deputy Administrator, 
Federal Aviation Administration;
  Calendar No. 783, David T. Matsuda, to be Administrator, Maritime 
Administration;
  Calendar No. 784, Michael F. Tillman, to be member, Marine Mammal 
Commission;
  Calendar No. 785, Daryl J. Boness, to be member, Marine Mammal 
Commission, reappointment;
  Calendar No. 787, Earl F. Weener, member, National Transportation 
Safety Board;
  Calendar No. 788, Jeffrey R. Moreland, to be director, Amtrak board 
of directors;
  Calendar No. 789, Larry Robinson, to be Assistant Secretary for 
Oceans and Atmosphere, Department of Commerce.
  Calendar No. 790, VADM Robert J. Papp, Jr., to be Commandant of the 
U.S. Coast Guard and to the grade of admiral;
  Calendar No. 791, RADM Sally Brice-O'Hare, to be Vice Commandant of 
the U.S. Coast Guard and to the grade of vice admiral;
  Calendar No. 792, RADM Manson K. Brown, to be Commander, Pacific Area 
of the U.S. Coast Guard and to the grade of vice admiral;
  Calendar No. 793, RADM Robert C. Parker, to be Commander, Atlantic 
Area of the U.S. Coast Guard and to the grade of vice admiral;
  Calendar No. 794, Arthur Allen Elkins, inspector general, 
Environmental Protection Agency;
  Calendar No. 795, David A. Capp, U.S. attorney for the Northern 
District of Indiana;
  Calendar No. 796, Anne M. Tompkins, U.S. attorney for the Western 
District of North Carolina;
  Calendar No. 797, Kelly McDade Nesbit, U.S. marshal for the Western 
District of North Carolina;
  Calendar No. 798, Peter Christopher Munoz, U.S. marshal for the 
Western District of Michigan;
  Calendar No. 799, Carolyn Hessler Radelet, Deputy Director of the 
Peace Corps;
  Calendar No. 800, Elizabeth Littlefield, president of the Overseas 
Private Investment Corporation;
  Calendar No. 801, Lana Pollack, to be Commissioner on the part of the 
United States on the International Joint Commission, United States and 
Canada;
  Calendar No. 802, Victor H. Ashe, member, Broadcasting Board of 
Governors;
  Calendar No. 803, Walter Isaacson to be a member and chairman of the 
Broadcasting Board of Governors;
  Calendar No. 805, Michael Lynton, member, Broadcasting Board of 
Governors;
  Calendar No. 806, Susan McCue, member, Broadcasting Board of 
Governors;
  Calendar No. 807, Dennis Mulhaupt, member, Broadcasting Board of 
Governors;
  Calendar No. 808, S. Enders Wimbush, member, Broadcasting Board of 
Governors;
  Calendar No. 809, Bisa Williams, Ambassador to the Republic of Niger;
  Calendar No. 810, Raul Yzaguirre, Ambassador to the Dominican 
Republic;
  Calendar No. 811, Theodore Sedgwick, Ambassador to the Slovak 
Republic;
  Calendar No. 812, Robert Stephen Ford, Ambassador to the Syrian Arab 
Republic;
  Calendar No. 814, Gary Scott Feinerman, U.S. district judge for the 
Northern District of Illinois;
  Calendar No. 815, Sharon Johnson Coleman, U.S. district judge for the 
Northern District of Illinois;
  Calendar No. 816, Loretta E. Lynch, U.S. attorney for the Eastern 
District of New York;
  Calendar No. 817, Noel Culver March, U.S. marshal for the District of 
Maine;
  Calendar No. 818, George White, U.S. marshal for the Southern 
District of Mississippi;
  Calendar No. 819, Brian Todd Underwood, U.S. marshal for the District 
of Idaho.
  I ask unanimous consent that the Senate proceed to executive session 
to consider the calendar numbers as read; that the nominations be 
confirmed, the motions to reconsider be considered made and laid upon 
the table; that no further motions be in order; that the President be 
immediately notified of the Senate's action; and that any statements 
relating to the nominees be printed in the Record.
  The PRESIDING OFFICER. Is there objection?
  Mr. KYL. Madam President, for the reasons indicated, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mrs. McCASKILL. Madam President, finishing up, hopefully, we do not 
have to do this again. Hopefully, we have turned a page on a new day 
and secret holds are going to go away.
  Let me once again give kudos to Senator Wyden and Senator Grassley. 
They worked on this issue for years trying to clean up secret holds and 
thought they got it done when we passed S. 1 back in 2007. Similar to a 
bad habit that is hard to break, this one evidently has been very hard 
to break in the numbers I just went through. Those are all the people 
who have secret holds right now. Hopefully, by the end of the week, we 
will learn who it is in the Senate who does not want them to be 
nominated, who it is who does not want them to be confirmed, and that 
they are willing to speak out about their objections so we can answer 
them, move forward, and get these people to work for the people of this 
great country.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. BURRIS. Mr. President, I ask unanimous consent to speak in 
morning business.
  The PRESIDING OFFICER (Mr. Udall of Colorado). The Senate is in 
morning business.

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