Harry Reid

Mr. REID

Mr. REID. Mr. President, everyone knows that numbers--we can show anything we want with numbers. The fact is there has been slow-walking done on the President's nominations, and we can look at how they do that. It has been interesting. It is a new way of doing things around here. A nominee comes up and what the committee does is submit hundreds and hundreds of questions. One of our nominees got 1,000 questions in writing the person had to respond to. That has never happened before. We have all of these ways of stalling. I know the Senators from Wyoming want to vote on and have spoken to me about Gregory Alan Phillips to be a circuit court judge for the 10th Circuit. Let's do it right now. Let's do him today. The Wyoming Senators shouldn't have to wait. That is why I ask unanimous consent that we do--I am sorry. I like him, but the man on whom we are going to invoke cloture graduated law school with my son. He is a fine man, but I am not the only one who messes up his name. He was a basketball player in Kansas. He said his parents came to all of his games and they cringed every time his name was pronounced because it is a hard name to pronounce. I ask unanimous consent that at a time to be determined by me, the Senate proceed to executive session to consider Calendar No. 95, Srikanth Srinivasan; that there be 1 hour of debate equally divided in the usual form; that upon the use or yielding back of that time the Senate proceed to vote without intervening action or debate on the nomination; the motion to reconsider be considered made and laid upon the table, with no intervening action or debate; that no further motions be in order to the nomination; that any statements related to the nomination be printed in the Record; and that President Obama be immediately notified of the Senate's action and the Senate then resume legislative session.

Mr. REID. Mr. President, I will be happy to respond to what the problem is.

Mr. REID. Senator Leahy said yesterday: A recent report by the nonpartisan Congressional Research Service compares the whole of President Obama's first term to the whole of President Bush's first term, and the contrast could not be more clear. The median Senate floor wait time for President Obama's district [court] nominees was 5 times longer than for President Bush's. President Obama's circuit [court] nominees faced even longer delays, and their median wait time was 7.3 times longer than for President Bush's circuit nominees. The comparison is even worse if we look just at nominees who were reported and confirmed unanimously. President Bush's unanimously confirmed circuit nominees had a median wait time of just 14 days. Compare that to the 130.5 days for President Obama's unanimous nominees. So 14 days compared to 130.5. Things are going along really well? I do not think so. On with what Senator Leahy said: That is more than 9 times longer. Even the nonpartisan CRS calls this a ``notable change.'' There is no good reason for such unprecedented delays, but those are the facts. So that is why we are doing this. There is no reason to wait 10 days or 2 weeks for this good man to fill a seat on a court that has been waiting for people to get on the court for 7 years. We have a majority in that court that is wreaking havoc with the country. For the first time in 230 years, they rule the President cannot make a recess appointment. So, yes, there is a crisis, and we need to do something about it. One way to resolve part of it is to get this good man on the court now.

Mr. REID. Mr. President, in school we studied a lot of things. But one of the things I cannot forget is George Orwell's ``1984.'' It was an interesting book because in that book he talked about people coming to a time when whatever they said was factually just the opposite. Here is where we are now. It has been legislatively determined the DC Circuit should have 11 members. My friend says we are stacking the court? There are four vacancies. Stacking the court by having eight there instead of seven? That math is not very good. My friend also keeps talking about that the DC Circuit does not have anything to do. The DC Circuit is now more than one-third vacant with four judicial vacancies. Mr. Srinivasan is nominated to the eighth seat on the DC Circuit. Three still remain empty. And, yes, we are. The country is concerned about the decisions coming out of that court. The DC Circuit Court of Appeals is considered by some the most important court in the land. But by virtually everybody, it is ``the second most important court in the land'' because of the complex nature of the cases they handle. The court reviews complicated decisions and rulemaking of many Federal agencies and in recent years has handled some of the most important terrorism and enemy combatant and detention cases since the attacks of September 11. These cases are very complex in nature, requiring additional time for consideration. Congress took action to address these concerns about their caseload by decreasing the number of judgeships in 2008 from 12 to 11. Congress has set the number of judgeships needed by the court at 11. The court should not be understaffed by one-third. In reality, according to the Administrative Office of U.S. Courts, the caseload per active judge has increased by 50 percent since 2005, when the Senate confirmed President Bush's nominee to fill the 11th seat on the DC Circuit. So Senate Republicans willingly confirmed President Bush's nominees to the 9th, 10th, and 11th seats on the DC Circuit. We did not think they were stacking it. I did not particularly like some of the people they put on there, but it was not stacking it. That is what the legislation called for. This good man is President Obama's second nominee to the DC Circuit to fill the eighth seat, and they filibustered Halligan twice. So this is a situation that needs to be resolved quickly. We cannot have the second, or first, most important court in the land one-third vacant. We are stacking the court with one person? I think not. So we can stay here longer, but I have made my point. One thing I have to say to my friend, although we have gotten into a few of these little conversations before on the Senate floor, I will wind up getting the last word.

Mr. REID. Mr. President, the only thing I would say is, what about the judge from Wyoming? Why don't we do that today? Could there be a more Republican State in the country than Wyoming? Maybe. I do not know. Maybe Idaho is vying for No. 1. But I am willing to approve this judge today. Why don't we vote on him today? Well, if you want to go ahead and have us invoke cloture on this other guy, we will do that, but I am willing to vote on the Wyoming guy today.

Mr. REID. I do not want anyone thinking I am not keeping my word. I was not going to say anything, but I thought I said I would get the last word. So Senator McConnell can say something now, and I will not get the last word.

Mr. REID

Mr. REID. I move to reconsider the vote and to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. REID. Sixty-one days.

Mr. REID

Mr. REID. Mr. President, notwithstanding the previous order with respect to S. Res. 65, I ask consent that the committee-reported amendment be agreed to.

Mr. REID

Mr. REID. Mr. President, I rise to honor Adam Scott, a former member of the University of Nevada, Las Vegas golf team, and the first Australian to win the Masters Tournament. Through his determination and will to win, Adam was able to come back from a heartbreaking loss at the 2012 Open Championship to win the 2013 Masters in truly stunning fashion. In a tie for the lead heading into the 72nd hole, Adam birdied with a 20-foot putt. At that point, I thought Adam had clinched the title, but another great golfer, Angel Cabrera, was able to force a playoff with his own birdie. It was not until the second hole of that playoff that Adam, through yet another birdie, was able to call himself the Master's champion. This was his ninth PGA Tour win, but first major championship. Adam hails from Adelaide, Australia, later moving to Queensland at the age of 9. In 1998, Adam came to my home State of Nevada to study and play golf at UNLV. While at UNLV, Adam was an All-American, finishing 11th at the 1999 NCAA Golf Championships. His victory at the Masters was the first major championship to be won by a former UNLV men's golfer. UNLV's golf program has produced a lot of great players over the years, but until now, none had ever won a major championship. There have been several second-place and third-place showings, but never a champion. As a Nevadan, it is amazing to see a former UNLV player wearing the famous Augusta National Gold Club's green jacket. On behalf of the Senate, I congratulate Adam Scott on his victory at the Masters Tournament and look forward to continuing to follow a career that has already made Australia and the University of Nevada, Las Vegas very proud.

Mr. REID

Mr. REID. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m. on Thursday, May 23, 2013; that following the prayer and the pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day; that following any leader remarks, the Senate be in a period of morning business until 10:30 a.m. with the time equally divided and controlled between the two leaders or their designees, with Senators permitted to speak for up to 10 minutes each.

Mr. REID

Mr. REID. There will be two votes at 10:30 a.m. tomorrow. The first vote will be a cloture vote on the D.C. Circuit Court of Appeals nomination, and the second vote will be on the Sanders amendment to the farm bill. We will continue to work through more amendments on the farm bill tomorrow. Senators will be notified when any votes are scheduled.

Mr. REID

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

Mr. REID

Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of H.R. 258, which was received from the House.

Mr. REID. Mr. President, I ask unanimous consent that the bill be read a third time and passed, the motion to reconsider be laid upon the table, and that any statements relating to this matter be printed in the Record.

Mr. REID

Mr. REID. Mr. President, yesterday afternoon I called home to check to see how things were going, visited with my wife a little bit. She said: You can't imagine what I am watching on TV. It is hard to watch. She was talking about the terrible storm that hit Oklahoma, the devastation and deaths, the injuries. She tried to explain to me. It was hard to relate even though she was watching it on TV. Homes were destroyed, schools were destroyed, even elementary schools were destroyed. I think what Landra did was she described how all of America feels and felt upon watching it. Our hearts go out to the families whose loved ones were lost. The extent of that we don't know. We are still waiting. Those missing in the devastating tornadoes in Oklahoma, we feel so sad for them. Our thoughts are with those who were affected by this tragedy, and so many people have been affected. Families are still searching for their family members, their children. I recognize and commend the heroic efforts of the first responders who rushed to the scene and have been working tirelessly to help those who were injured. They worked all night. Of course, they are still searching for the missing. I commend the efforts of neighbors, everyday citizens, young and old, who have been heroic in helping. Although we may not know the extent of the damage now, we will continue to do everything in our power to help the people of Oklahoma as they recover from these terrible tornadoes, these acts of nature. I will stand vigilant today and tomorrow, ready to help as more storms threaten the region. Every Federal resource will be made available to help the communities affected by this tragedy. I look forward to hearing the President--his speech will start momentarily--on the disaster. I am pleased that FEMA Administrator Craig Fugate is already in Oklahoma assessing the extent of the damage and deciding how the Federal Government can best assist. I will continue to monitor the search and rescue efforts. Whenever tragedy strikes any part of our Nation, it really strikes us all. I pledge to the people of Oklahoma my continued support, our continued support, as they begin to recover from this awful storm.

Mr. REID

Mr. REID. Following leader remarks today the Senate will be in a period of morning business for 1 hour. The majority will control the first half, the Republicans the final half. Upon conclusion of morning business, the Senate will resume consideration of S. 954, the farm bill. I spoke to Chairman Stabenow last night. She indicated that she believes there is an opportunity to finish the bill, even this week. I certainly hope that is the case. The Senate will recess from 12:30 to 2:15 today to allow for our weekly caucus meetings.

Mr. REID

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

Mr. REID

Mr. REID. I move to reconsider the vote and move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. REID

Mr. REID. I, of course, admire--and have for many years now--the chairman of the Budget Committee. She is a renowned Senator. She is very good at what she does. We are very proud of her. We have just heard something that is unusual. We heard my friend from Arizona--the Senator and I came together to Congress some 30-odd years ago--and another outstanding Senator, Ms. Collins from Maine, come up with a novel idea. It is kind of old-fashioned, but it is called regular order. What they are saying we should do is go to conference. We have had in years past many motions to instruct. That is the way we used to do things around here. To get off-base on a debt ceiling matter has nothing to do with what we are doing. Let's go to conference. I don't know if when we go to conference we will get anything out of it, but we are sure going to try. That is what this is all about. I can't imagine why after 2 months-- after 2 months--we can't go to conference and work something out. The Republican leader has told me for a couple of years: Why don't we do our appropriations bills? We have the former chair of the Appropriations Committee, who is now the ranking member on the Agriculture Committee, he knows as much as anyone here about financial matters. He is a man who is a humble man, doesn't talk a lot--and I don't want to speak for him--but I think everyone here wants this institution to continue, wants us to do regular order. I have heard this hue and cry for quite some time on the other side. I admire and appreciate very much the Senator from Arizona instigating old-fashioned regular order, which we need to do in this body a lot.

Mr. REID. There is nothing to object to.

Mr. REID

Mr. REID. Mr. President, I ask unanimous consent that the time until 5:30 p.m. be for a period of morning business, with Senators allowed to speak for up to 10 minutes each during that time, and that at 5:30 p.m. Senator Stabenow be recognized.

Mr. REID

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

Mr. REID. I ask unanimous consent that the mandatory quorum under rule XXII be waived.

Mr. REID. Madam President, we are moving forward. This will be the sixth or seventh year we have tried to fill vacancies on the DC Circuit. There are four vacancies there. I hope the President sends us some more names. I understand that will be the case maybe before the end of this week. It is outrageous we have been stopped procedurally from doing the work of this country in filling these nominations in this very important court. We are going to have a cloture vote on this on Thursday, as we should do, and hopefully finish by the end of the week. If we get cloture, we will finish by the end of the week if we have to stay over another day or so.