Senate Proceeding on Sep 24th, 2009 :: 4:05:15 to 4:17:20
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4:05:14 to 4:05:35( Edit History Discussion )

David Vitter: so small amount of time me, and i would yield the floor. a senator: mr. president? the presiding officer: the senator from south dakota. -- louisiana, excuse me. mr. vitter: thank you, mr. president. mr. president, i stand to briefly discuss my amendment,

4:05:15 to 4:17:20( Edit History Discussion )
Speech By: David Vitter

4:05:36 to 4:06:01( Edit History Discussion )

David Vitter: number 2549, which is about the so-called czar issue that has a number of members on both sides of t aisle very concerned. and as i introduce this amendment, mr. president, let me ask unanimous consent to add as coauthors of the amendment senators grassley, bunning, roberts, and brownback. the presiding officer: without objection, so ordered. mr. vitter: thank you,

4:06:02 to 4:06:22( Edit History Discussion )

David Vitter: mr. president. mr. president, at this point i call up the presidin objection, the clerk will report. the clerk: the senator from louisiana, himself and others, proposes an amendment numbered 2549. mr. vitter: mr. president, i ask unanimous consent to waive reading of the whole. the presiding oicer: without objection, so ordered.

4:06:23 to 4:06:43( Edit History Discussion )

David Vitter: . vitter: thank you, mr. president. mr. president, i did just waive reading of the whoacialtion but i'm going to read the whole. it is very short and very to the point. and i think simply reading the language is the best way to introduce the concept. and, mr. president, the language is very clear. "none of the available by this act may be

4:06:44 to 4:07:04( Edit History Discussion )

David Vitter: obligated for the purpose of departments or agencies funded by this act and led by senate-confirmed appointees implementing policies of the assistant to the president for energy and climate change, commonly known house climate change czar'."

4:07:05 to 4:07:26( Edit History Discussion )

David Vitter: mr. president, that is the entire amendment. the amendment is, again, very simple and straightforward, and the point it's making is that we have cabinet-level appointees that come before e senate for vetting. they come before the senate for confirmation, after they are confirmed. they come before the house and

4:07:27 to 4:07:47( Edit History Discussion )

David Vitter: senate on a regular basis as part of our oversight responsibilities. and this constitutional structure should not be supersed by these so-called czars which have grown enormously under this administration. in making this argument, mr

4:07:48 to 4:08:08( Edit History Discussion )

David Vitter: this argument hasnology to do with -- has nothing to do with carroll browner and qualifications. it is not an attack on her. it is an attack, quite frankly, on the concept of these multitude of czars and the that they are an end run around the constitutional process by which top cabinet ander in

4:08:09 to 4:08:32( Edit History Discussion )

David Vitter: officials of any administration -- and other officials of any administration are confirmed by the sate and regully come before the house and senate as part of our oversight process. we all know, mr. president, that this particular administration has developed an unprecedented number of these so-called czars. we've seen a dramatic increase

4:08:33 to 4:08:54( Edit History Discussion )

David Vitter: in this phenomenon. "politico" wrote that president obama is -- quote -- "taking the notion of a powerful white house staff to new heights." close quote. and that he is creating -- quote -- "perhaps the most powerful staff in modern history." close quote. specifically, mr. president, the president has created 18 new

4:08:55 to 4:09:15( Edit History Discussion )

David Vitter: czar positions, and i want to focus on those 18 positions. this czar concept is obviously very general and somewhat undefined. what i'm talking about are those 18 positions, because none of those positions are established by statute. congress has not authorized or

4:09:16 to 4:09:36( Edit History Discussion )

David Vitter: established any of those positions, number one. number two, none individuals have come before the senate for confirmation. and, number three, none of those positions preexisted this administration. now, mr. president, as i said a while ago, this has raised

4:09:37 to 4:09:59( Edit History Discussion )

David Vitter: concerns among a number of senators and certainly among the american people. as i began as coauthors of this amendment senators grassley and bunning and roberts and brownback. in addition, the distinguished senator from maine, who chairs

4:10:00 to 4:10:21( Edit History Discussion )

David Vitter: the relevant authorization committee, senator collins, has expressed grave concern about in fact, has another amendment about this very issue. unfortunately, that amendment is going to be struck down as legislating on an appropriations bill. but she has expressed concern. she earheaded a letter, signed

4:10:22 to 4:10:42( Edit History Discussion )

David Vitter: by herself and senator alexander and others, which she sent to the president. inddition -- and i think this is very important -- this has been a bipartisan concern. going back to february of this year, the distinguished senator from west virginia, senator byrd, wrote the administration

4:10:43 to 4:11:04( Edit History Discussion )

David Vitter: expressing strong and grave concern about the constitutional implications of all of these czars. again, 18 i'm talking about, are not created by statute, have not been confirmed by the senate, have never existed prior to this administration. and then within the last two weeks, senator feingold, in

4:11:05 to 4:11:26( Edit History Discussion )

David Vitter: addition, has expressed strong and serious concern about exactly the same issue and has written to the administration. the purpose of my amendment is to say, quite simply, when we have an depament that is led by a senate-confirmed appointee, we

4:11:27 to 4:11:47( Edit History Discussion )

David Vitter: shouldn't have a show of called white house czar ordering -- we shouldn't have a show of called white house czar ordering that agency to do things when that white house czar is not an office created by law through congress is not a

4:11:48 to 4:12:10( Edit History Discussion )

David Vitter: senate-confirmed porks confirm position, did not exist in any form or fashion prior to this administration. now, mr. president, in terms of my specific amendment, i have chosen to focus on the assistant to the president for energy and climate change, commonly known as "the white house climate change czar," for one simple reason. first, she is among this 18.

4:12:11 to 4:12:31( Edit History Discussion )

David Vitter: never created by statute, never confirmed by the senate, never existing prior to this administration, and she is clearly in a very 0 powerful position, apparently giving orders to senate-confirmed appointees like e.p.a. and, of course, e.p.a. is

4:12:32 to 4:12:53( Edit History Discussion )

David Vitter: governed by this appropriation bill now on the floor, so that's why i chose to focus on this particular czar position. clearly, this particular czar meets all of these criteria which give rise to my concerns. the president himself, when he appointed this czar, said --

4:12:54 to 4:13:15( Edit History Discussion )

David Vitter: quote -- "sheill be indispensable in implementing an ambitious and complex energy policy." close quote. in addition, there have been several media reports about her dominant stature and dominant role in these sorts of considerations. "the wall street journal," for instance, on september

4:13:16 to 4:13:39( Edit History Discussion )

David Vitter: this year reported -- quote -- "ms. browner helped broker a fuel standards deal between the administration and automakers earlier this year and has been a conspicuous presence in climate negotiations with congress. energy secretary steven chu meanwhile has been largely tied up administering billions of

4:13:43 to 4:14:03( Edit History Discussion )

David Vitter: dollars of stimulus projects. ms. browner, through a spokesman, declined to comment." also carol browner and another woman was key in crafting a plan to include the national carbon limits on cars and trucks. -- quote -- "in an interview yesterday, browner politely orchestrated private discussions from the white house with auto industry officials."

4:14:04 to 4:14:26( Edit History Discussion )

David Vitter: close quote. that was reported in "the new york times" may 20. now the obvious question this gives rise to is what about the head of the energy department, senate confirmed? what about the head the e.p.a., senate confirmed? those folks seem to be shoved to

4:14:27 to 4:14:48( Edit History Discussion )

David Vitter: the side, and this new super agency head, super member seems to be playing a far more dominant role in key issues that are clearly under the purview of the energy department and the e.p.a. so, again, mr. president, this gives rise to serious constitutional concerns.

4:14:49 to 4:15:10( Edit History Discussion )

David Vitter: a number of senators, republicans and democrats, have expressed these concerns. senator collins, senator burr, senator feinstein, senator alexander. and so this is a germane limitation amendment that goes absolutely to the heart of the matter.

4:15:11 to 4:15:32( Edit History Discussion )

David Vitter: should these czars, positions never created by congress or by statute,ever confirmed by the senate, never existing prior to this administration, should these czars really have a role that's more significant than senate-confirmed cabinet secretaries or agency heads?

4:15:33 to 4:15:54( Edit History Discussion )

David Vitter: and, again, i very carefully crafted an amendment to go specifically to this point. and, again, mr. president, let me read it word for word. it's not long. "none of the funds made available by this act may be obligated for the purpose of departments or agencies funded by this act and led by

4:15:55 to 4:16:17( Edit History Discussion )

David Vitter: senate-confirmed appointees implementing policies of the assistant to the president for energy and climate change, commonly known as the white house climate change czar." close quo. it doesn't say you can't implement policies of the president of the united states. obviously the president is elected by the people, and the president obviously ranks higher

4:16:18 to 4:16:38( Edit History Discussion )

David Vitter: than the anyone else. but it does say the head of e.p.a., a senate-coirmed position, shouldn't be ranked below some so-called czar, a position never before created by congress, never confirmed by the senate, never existing prior to this administration.

4:16:39 to 4:17:04( Edit History Discussion )

David Vitter: i encourage all of my colleagues to really stand up for the rights and the proper constitutional role of the united states senate. we play a vital role, particularly with regard to presidential appointments. because only the senate advice and consent powers. so i urge my colleagues to stand

4:17:05 to 4:17:22( Edit History Discussion )

David Vitter: up for that constitutional role to preserve tt vital constitutional role and not to allow so-called white house czars to be an end run around it and to really minimize that role in a significant way. this is a significant constitutional issue.