Senator lifts nominee holds, says issues being addressed

In the face of widespread attacks, Sen. Richard Shelby, R-Ala., announced Monday he has dropped his holds on most Obama administration nominations, saying he has finally gotten attention on the issues that prompted them in the first place.

"The purpose of placing numerous holds was to get the White House's attention on two issues that are critical to our national security -- the Air Force's aerial refueling tanker acquisition and the FBI's Terrorist Device Analytical Center," Shelby spokesman Jonathan Graffeo said in a lengthy statement.

"With that accomplished, Sen. Shelby has decided to release his holds on all but a few nominees directly related to the Air Force tanker acquisition until the new Request for Proposal is issued," he said.

Shelby's hold, which CongressDaily reported Thursday, drew sharp attacks from the office of Senate Majority Leader Harry Reid, D-Nev., the White House and other Democrats.

Democrats have long attacked Republicans for what they call rampant obstructionism, and the hold on nominees to win home-state spending gave Democrats an easy target to make their point.

Reacting to Shelby's decision to lift most of the holds, a Reid spokesman ripped Republicans again.

"While it is good news that Sen. Shelby will allow the Senate to move forward with consideration of some of the president's nominees, we hope that he and his Republican colleagues will allow the Senate to move forward with its constitutional duty to give advice and consent on all of the president's nominees," the spokeswoman said. "It is unfortunate that Senate Republicans have chosen time and time again to block everything, whether it is legislation to address the many issues confronting our nation, or the consideration and confirmation of nominees who are vital to the security and welfare of the country."

Responding to media reports claiming Shelby blocked the nominations to get earmarks, Graffeo said "the Air Force tanker acquisition is not an 'earmark' ... It is a competition to replace the Air Force's aging aerial refueling tanker fleet."

"Sen. Shelby is not seeking to determine the outcome of the competition; he is seeking to ensure an open, fair and transparent competition that delivers the best equipment to our men and women in uniform. Sen. Shelby is fully justified in his concern given the history and current status of this acquisition," he said.

Northrop Grumman and EADS are vying for the high-stakes tanker contract and plan to build the planes in Mobile, Ala. But company officials have threatened to pull out of the competition because they believe a draft request for proposals favors competitor Boeing Co.

The tanker contract, with a value of $40 billion, would be crucial to building Alabama's aerospace sector beyond what exists in Huntsville, which is home to NASA's Marshall Space Flight Center and the Army's Redstone Arsenal.

The Air Force hopes to issue a final RFP later this month and award a contract this summer.

The latest competition comes after Northrop won the contract in 2008, but the Government Accountability Office ultimately upheld a protest filed by Boeing and the Pentagon canceled it.

Graffeo also denied the FBI training facility in Alabama is an earmark, saying the $45 million addition to the fiscal 2008 omnibus spending bill came at the FBI's request. The center, which was not in the fiscal 2008 budget request, would be built at Redstone Arsenal.

"It is a facility specifically requested by the Department of Justice and the FBI," the spokesman said. "They need such a facility to forensically examine Improvised Explosive Devices (IEDs) from Afghanistan, Iraq, the Horn of Africa, and elsewhere, including the device the Christmas Day bomber was wearing."

"Sen. Shelby is fully justified in his concern that the Obama administration is seeking to rescind funds already appropriated for this vital national security purpose," he added. "It is unacceptable that the Obama Administration wants to read terrorists our Miranda rights and try them in U.S. courts but is impeding the processing of evidence that could also lead to their conviction and the capture of others."

An aide denied Shelby had placed a blanket hold on nominations, noting he excluded judges, uniformed military personnel and Treasury Department nominees. Senate Minority Whip Jon Kyl, R-Ariz., already has a hold on Treasury nominees over a dispute with the administration over Internet gambling.

Graffeo said Shelby had placed holds on 47 nominations, far fewer than the 70-plus Reid's staff estimated last week.

Shelby retains a hold on the following officials, the aide said: Terry Yonkers, assistant secretary of the Air Force; Frank Kendall, principal deputy undersecretary of Defense for acquisition, technology and logistics; and Erin Conaton, undersecretary of the Air Force. Conaton currently is the staff director of the House Armed Services Committee.