On the recordJuly 25, 2001
In other words, today, and with the amendment as adopted, if the Senate refuses to vote, then the administration can appoint that individual. But if the Senate does what the gentleman and I agree it should do, it takes it and votes it up or down in the public way and the nominee fails, then the nominee cannot get a recess appointment. In other words, we should be constructing the situation so there is an incentive to vote on the nomination and not kill it silently. Under this amendment, there would be that situation. A nominee voted down could not get a recess appointment. A nominee killed silently could get a recess appointment. I think we should preserve that status quo.
Source
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