Mitch McConnell

Mr. McCONNELL

Mr. McCONNELL. Mr. President, before I begin, I spoke yesterday about the evil of anti-Semitism and the recent disturbing invocation of anti- Semitic stereotypes by a Member of the House Democratic Conference. I took for granted, as a result, that the House Democrats would at least--at least--make good on their plans to symbolically condemn anti- Semitism. Even as I called for the House Democrats to do more and pass the substantive foreign policy legislation the Senate sent them weeks ago, I at least assumed a few pages of symbolism was not too much to ask for, but alas, I spoke too soon. The House has put off consideration of a resolution to condemn anti-Semitism. Apparently, even nonbinding symbolism--this is all they were going to do--is too controversial within their own caucus. Let me say that again. Apparently, within the Speaker's new far-left Democratic majority, even a symbolic--symbolic-- resolution condemning anti-Semitism seems to be a bridge too far. Well, I expect I and other Members will have more to say on this subject, but for today I would let this speak for itself.

Mr. McCONNELL

Mr. McCONNELL. Now on another matter, already this week the Senate has confirmed two more well qualified judicial nominees. Soon, Allison Rushing and Chad Readler will take their respective seats on the Fourth and Sixth Circuit Courts of Appeals, and later today the Senate will vote on confirmation of Eric Murphy, also to the Sixth Circuit. Together, these nominees bring decades of legal experience, prestigious clerkships, and the recognition of their peers. They will be charged with upholding the Constitution and the rule of law, and each is well equipped to do exactly that. Now, my colleagues need no reminder of Senate Democrats' historic obstruction of nominations over the past 2 years. Under this administration, 135 nominations have required a cloture vote--135 nominations have required a cloture vote--and five times more were required during the first 2 years than in the same period of the last six administrations combined--combined. The final nomination we will consider this week captures what I am talking about perfectly. John Fleming was nominated by the President to serve as Assistant Secretary of Commerce for Economic Development on June 20 of last year. This is an Assistant Secretary of Commerce. Mr. Fleming has an impressive record. When the Environment and Public Works Committee first considered his nomination last summer, a significant bipartisan majority voted to favorably report his nomination. This is an Assistant Secretary of Commerce out of committee on a bipartisan basis last summer, but partisan obstruction ran out the clock. The nomination was sent back to the President at the end of the Congress. So earlier this year Mr. Fleming was resubmitted, returned to the same committee, and was favorably reported by the same bipartisan margin. But the obstruction still wasn't finished. Here on the floor, I had to file cloture to ensure he would get a vote. I am pleased that cloture could be withdrawn yesterday, and we will be happy to vote on the confirmation today, just as happened last week on another nomination, but I am sorry these cloture filings and wasted time were needed for these uncontroversial and impressive nominees. I am sorry the case studies of pointless obstruction just keep on piling up.

Mr. McCONNELL

Mr. McCONNELL. Now on another matter, this week Democrats in the House are expected to pass sweeping legislation I call the Democratic politician protection act. It aims to give Washington, DC, vast new control over elections, give tax dollars to political campaigns, and give election lawyers more opportunities to determine the outcome of our elections. Today I want to discuss how it would open up the bipartisan Federal Election Commission to a hostile partisan takeover. When Congress passed and amended the Federal Election Campaign Act after Watergate, the FEC was created as a six-member body, with an even number of commissioners and no more than three from the same party. At least four votes--four--would be required to take action--a built-in safeguard against one party seizing control of the FEC. Well, House Democrats want to get rid of that. Their Democratic politician protection act would cut the FEC to a five-member body with two members from each party and a nominal Independent who, interestingly enough, would be handpicked by whoever the sitting President was. Now, people on both sides of the aisle used to see right through these kinds of tricks. Back in 1976 Senator Alan Cranston--a California Democrat who was, by the way, the No. 2 Democrat in the Senate--warned about this. He said: ``The FEC has such potential for abuse in our democratic society that the President should not be given power over the Commission.'' As recently as 2 years ago, an outgoing Democratic FEC commissioner-- one of the most active and liberal regulators in the Commission's history said: ``I don't have a problem with the 3-3 split at the commission . . . it was established that way in order to ensure that there was not going to be a partisan effort to use investigations against one political party or another.'' But now--now--Democrats want to scrap the neutrality and bring on the partisan takeover. Democrats respond by saying this fifth member would have to be affiliated with neither the Republican nor Democratic Party. They would have to be an Independent. Give me a break. Give me a break. One current commissioner is nominally an Independent, except the Washington Post reports this gentleman ``often votes with the Democrats,'' and he happens to be a longtime friend of former Majority Leader Harry Reid. He had actually previously worked as an election lawyer for Senator Reid. This is the Independent on the FEC now. He had often worked as an election lawyer for Senator Reid to help ensure he won close elections. In fact, Senator Reid repeatedly slipped and characterized this gentleman as the Democratic nominee several times here on the floor. This is our current Independent on the FEC? So I think we all know what kind of Independent fifth commissioner a Democratic President would select--one who would join with other Democrats and champion the campaigns of the left, while bringing waves of investigations, hearings, and subpoenas against their political opponents and punishing groups who dared to disagree. What is more, the Democratic Politician Protection Act would give the sitting President the chance to name the Chairperson of the FEC, abandoning the current practice of rotating Chairmen, and this person would get broad new powers, like the sole authority to issue subpoenas and to compel testimony and the ability to hire and fire the general counsel with just two more votes from just one party. So make no mistake, the Democrats are envisioning a hostile takeover of the body that regulates political speech, designed to tilt the playing field in their direction. Democrats claim this is necessary because the current structure is ``dysfunctional.'' Well, let's look at some of the current dysfunction and where it is coming from. Let's look at the Democrat who currently serves as the FEC Chair. She has been a Commissioner for 16 years. In fact, her term ended 11 years ago, but she has been held over ever since, and now this seasoned veteran of the left's anti-speech crusade has announced that she will bar the FEC's attorneys from defending the Commission when liberal watchdogs come after it in court. By unilaterally withholding her vote, she plans to make the FEC essentially forfeit its legal fights against liberal groups by simply not showing up. So the defendants in these matters would be out of luck unless they happen to have the financial means to keep up their own defense. This Democrat Commissioner has also indicated that if this trick doesn't produce the political outcome she is after, she is willing to simply ignore subsequent court orders altogether. This is a current member of the FEC. So House Democrats are lecturing about dysfunction at the FEC, but it is their ally who is now using her vote to tie the FEC's hands behind its back. Democrats and their allies claim Republicans are keeping the FEC from enforcing campaign finance laws. That is their talking point for all of these radical changes. But let's take a look at who is really refusing to work within the law. The Democratic Chairwoman says she will keep the FEC from defending itself and is threatening to disobey court orders. That is my definition of dysfunction. Democrats aren't after an FEC that enforces the law. They want an FEC that advances their particular ideology. These current words and these current antics prove it, and the Democratic politician protection act would make it much, much worse. I suggest the absence of a quorum.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I move to proceed to executive session to consider Calendar No. 19.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I send a cloture motion to the desk.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I move to proceed to legislative session.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I move to proceed to legislative session.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I send a cloture motion to the desk.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I move to proceed to legislative session.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I move to proceed to executive session to consider Calendar No. 98.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I send a cloture motion to the desk.

Mr. McCONNELL. Mr. President, I ask unanimous consent that the mandatory quorum calls for the cloture motions be waived.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate proceed to legislative session for a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I move to proceed to executive session to consider Calendar No. 107.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I have 9 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders. Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the Senate, the following committees are authorized to meet during today's session of the Senate: Committee on Armed Services The Committee on Armed Services is authorized to meet during the session of the Senate on Thursday, March 7, 2019, at 9:30 a.m., to conduct a hearing ``examine the chain of commands accountability to provide safe military housing and other building infrastructure to servicemembers and their families.'' Committee on Energy and Natural Resources The Committee on Energy and Natural Resources is authorized to meet during the session of the Senate on Thursday, March 7, 2019, at 12:30 p.m., to conduct a business meeting and hearing on the following nominations: Rita Baranwal, of Pennsylvania, to be an Assistant Secretary (Nuclear Energy), William Cooper, of Maryland, to be General Counsel, Christopher Fall, of Virginia, to be Director of the Office of Science, and Lane Genatowski, of New York, to be Director of the Advanced Research Projects Agency-Energy, all of the Department of Energy. Committee on the Judiciary The Committee on the Judiciary is authorized to meet during the session of the Senate on Thursday, March 7, 2019, at 10 a.m., to conduct a hearing on the following nominations: Joseph F. Bianco, of New York, and Michael H. Park, of New York, both to be a United States Circuit Judge for the Second Circuit, Greg Girard Guidry, to be United States District Judge for the Eastern District of Louisiana, Michael T. Liburdi, to be United States District Judge for the District of Arizona, and Peter D. Welte, to be United States District Judge for the District of North Dakota. Committee on Veterans' Affairs The Committee on Veterans' Affairs is authorized to meet during the session of the Senate on Thursday, March 7, 2019, at 2 p.m., to conduct a joint hearing. Select Committee on Intelligence The Select Committee on Intelligence is authorized to meet during the session of the Senate on Thursday, March 7, 2019, at 2 p.m., to conduct a closed briefing. Special Committee on Aging The Special Committee on Aging is authorized to meet during the session of the Senate on Thursday, March 7, 2019, at 10 a.m., to conduct a hearing entitled ``Complex web of prescription drug prices, focusing on untangling the web and paths forward.'' Subcommittee on Security The Subcommittee on Security of the Committee on Commerce, Science, and Transportation is authorized to meet during the session of the Senate on Thursday, March 7, 2019, at 10 a.m., to conduct a hearing entitled ``China, focusing on challenges for United States commerce.'' Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues The Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues of the Committee on Foreign Relations is authorized to meet during the session of the Senate on Thursday, March 7, 2019, at 10 a.m., to conduct a hearing entitled ``United States-Venezuela relations and the path to a democratic transition.'' Permanent Subcommittee on Investigations The Permanent Subcommittee on Investigations of the Committee on Homeland Security and Governmental Affairs is authorized to meet during the session of the Senate on Thursday, March 7, 2019, at 10 a.m., to conduct a hearing entitled ``Examining private sector data breaches.''

Mr. McCONNELL. Mr. President, I suggest the absence of a quorum.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 725, introduced earlier today.

Mr. McCONNELL. I further ask unanimous consent that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 101, submitted earlier today.

Mr. McCONNELL. I know of no further debate on the measure.

Mr. McCONNELL. I ask unanimous consent that the preamble be agreed to and that the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 3 p.m., Monday, March 11; further, that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for use later in the day, morning business be closed, and the Senate proceed to executive session and resume consideration of the Matey nomination; finally, that notwithstanding the provisions of rule XXII, the cloture motions filed during today's session of the Senate ripen at 5:30 p.m., Monday, March 11.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, if there is no further business to come before the Senate, I ask that it stand adjourned under the previous order.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I understand that S. 729, introduced earlier today by Senator Schumer, is at the desk, and I ask for its first reading.