[Congressional Record Volume 140, Number 89 (Tuesday, July 12, 1994)] [Senate] [Page S] From the Congressional Record Online through the Government Printing Office [www.gpo.gov] [Congressional Record: July 12, 1994] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] NOMINATION OF JUDGE BREYER Mr. McCAIN. Mr. President, I intend to make a very brief statement. Mr. President, this morning the Senate Judiciary Committee began holding hearings on the nomination of Judge Steven Breyer to be Associate Justice on the Supreme Court. I am hopeful that those proceedings will shed light on the record of Judge Breyer in the effort to fill this extremely important Supreme Court position with the best possible person. The position of Associate Justice on our country's highest court is one that requires the complete public trust. The American people must have full faith and confidence in the Judiciary. I hope that Judge Breyer will be able to further the public's trust in these institutions. Mr. President, there have been very serious charges raised regarding the appropriate use of taxpayer dollars for the construction of the Boston Courthouse. According to published reports, Judge Breyer personally played an active role in the design and site selection processes for this facility. Mr. President, the cost of this extravagant courthouse continues to skyrocket. The courthouse was originally estimated to cost $163 million. However, due to cost overruns and other costs the taxpayers will now be paying $218 million for this Taj Mahal. Additionally, architectural fees for the design of this shrine-- originally budgeted at $8,633,000--have now exceeded $11 million. And unfortunately, we have no idea when the cost overruns will end. These reports also have listed the following proposed expenditures: A six story atrium; 63 private bathrooms; 37 different law libraries; 33 private kitchens; custom-designed private staircases; $450,000 for a boat dock; $789,000 for original artwork; and $1.5 million for a floating marina with custom-made park benches, garbage cans, and street lights, and a 2.6-acre park. I am concerned about how the taxpayers' money is being spent. Those responsible for public expenditures must be held accountable for their actions. Those who spend that money in a fashion that is not appropriate or that is called into question must be forthcoming in explaining their actions. Judge Breyer was the individual--or client-- responsible for this project. That is why we must now ask these questions of Mr. Breyer. Yesterday, I wrote to Judge Breyer asking him specific questions regarding the Boston Courthouse. Answering these questions in a forthcoming manner is crucial so that the Senate may consider this serious matter in the advise-and-consent process. Mr. President, I do not in any way raise this issue to impugn Judge Breyer. I am not a member of the Judiciary Committee and therefore cannot ask questions of him directly during his confirmation hearing. But I do believe that the many questions surrounding the Boston Courthouse and Judge Breyer's role in designing that building and selecting this site must be fully and publicly aired. Anything less would be wrong and an abdication of our responsibilities. Good judgment and discretion are indispensable assets to a Supreme Court Justice. We have an obligation to examine Judge Breyer's record and to determine if he has exercised good judgment not only in his judicial decisions, but in his administrative duties. Mr. President, I ask unanimous consent that the letter I sent to Judge Breyer be printed in the Record. I am hopeful that Judge Breyer will soon clarify the concerns surrounding this subject. There being no objection, the letter was ordered to be printed in the Record, as follows: U.S. Senate, July 11, 1994. Hon. Steven Breyer, U.S. Federal Courthouse, Boston, MA. Dear Judge Breyer: As you may know, I have been working to ensure that federal dollars spent on building projects are being used in the most cost efficient manner possible. As such, I have become very concerned about waste and extravagance at the new Boston Courthouse. I would appreciate it if you would explain to me exactly what has transpired to date regarding the design and site selection of the Boston Courthouse. In your explanation, I would appreciate it is you would please answer the following questions: 1. What specifically was your role in the site selection and procurement of such site for the Boston Courthouse? 2. According to reports, the site chosen by a panel chaired by you originally ranked 11th out of 12 prospective sites, but that by the end of the process it ranked first. Is this accurate? What was your rationale for choosing the Fan Pier site over the other more highly rated sites studied? 3. According to the Washington Times, in 1989 the Boston Redevelopment Authority finished a study saying the city's crowded federal courthouse would be cheaper to relocate than to expand. The study listed four acceptable sites for a new courthouse, and ranked them by feasibility. The Fan Pier site--later selected by you--was rejected. Please comment, in light of other studies, why you selected the Fan Pier site. 4. In many cases when courthouses are built, sites are chosen that are already owned by the Federal government or that are owned by municipalities that are willing to deed the sites to the federal government at no cost. For example, the City of Phoenix recently donated land to the federal government for the proposed new Phoenix Courthouse. Noting the fact that the federal debt is looming near $4 trillion, what was the rationale for choosing a site that cost $34 million? 5. According to documents supplied to me by the General Services Administration, one of the risks of not proceeding with the Boston Courthouse is that GSA has already spent $34 million for the site and $13 million for design. I am very concerned that $47 million has already been spent on this project in a manner which makes it virtually impossible to build a courthouse on a site which would result in savings to the taxpayer. GSA documents reflect the fact that the court, referred to in their documents as the ``client,'' is strongly pushing for the project to move forward as planned. Please comment on your role in this matter noting specifically what purchases or expenditures you may have personally approved or with which you were involved. 6. According to published reports, you have personally interviewed architects and played an active role in the design process for the Boston Courthouse. Accordingly, please comment on the need for and prudency of the following proposed expenditures which have been noted by the media: A six story atrium; 63 private bathrooms; 37 different law libraries; 33 private kitchens; custom designed private staircase; $450,000 for a boat dock; $789,000 for original artwork; and $1.5 million dollars for a floating marina with custom-made park benches. 7. GSA has stated that there is no leased space available in Boston that meets the client's needs. Why does the court believe that no site other than the one chosen will meet its needs? Please note with specifically the needs that the court believe must be met. According to reports published in the Washington Times, you would not comment on this matter publicly because ``you have not been giving any interviews or commenting while [the] confirmation process is ongoing.'' As I know you can appreciate, the Senate has a Constitutional duty to advise and consent regarding certain nominations made by the President. I believe, therefore, it is crucial for the Senate to receive, as soon as possible, a full and public accounting on this issue and your role in developing the plans for the Boston Courthouse. In advance, I thank you for your cooperation. Sincerely, John McCain, U.S. Senator. Mr. McCAIN. I yield the floor. ____________________