[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                            MORNING BUSINESS

  Mr. MITCHELL. Mr. President, I now ask unanimous consent that there 
be a period for morning business, with Senators permitted to speak 
therein for up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
                                 ______


                           EXECUTIVE SESSION

                                 ______


                           EXECUTIVE CALENDAR

  Mr. MITCHELL. Madam President, I now ask unanimous consent that the 
Senate proceed to executive session to consider the following 
nominations:
  Calendar Order Nos. 1092, 1289, 1318, 1322, 1334, 1335, 1336, 1337, 
1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1353, 1354, 1355, 
1356, 1369, 1370, 1385, 1387, 1388, 1389, 1391, 1392, 1393, 1394, 1395, 
1396, 1397, 1398, 1399, 1400, 1401, 1402, 1403, 1404, 1405, and 1406.
  I further ask unanimous consent that the nominees be confirmed en 
bloc; that any statements appear in the Record as if read; that upon 
confirmation, the motions to reconsider be laid upon the table en bloc; 
that the President be immediately notified of the Senate's action; and 
that the Senate return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:

                       Department of the Treasury

       Valerie Lau, of California, to be Inspector General, 
     Department of the Treasury.

                             The Judiciary

       David F. Hamilton, of Indiana, to be United States District 
     Judge for the Southern District of Indiana.

                          Department of State

       Thomas E. McNamara, of the District of Columbia, a Career 
     Member of the Senior Foreign Service, Class of Minister-
     Counselor, to be an Assistant Secretary of State.

                             The Judiciary

       Vanessa Ruiz, of the District of Columbia, to be an 
     Associate Judge of the District of Columbia Court of Appeals 
     for the term of fifteen years.
       Diana E. Murphy, of Minnesota, to be United States Circuit 
     Judge for the Eighth Circuit.
       Fred I. Parker, of Vermont, to be United States Circuit 
     Judge for the Second Circuit.
       William T. Moore, Jr., of Georgia, to be United States 
     District Judge for the Southern District of Georgia.
       David A. Katz, of Ohio, to be United States District Judge 
     for the Northern District of Ohio.
       Sean J. McLaughlin, of Pennsylvania, to be United States 
     District Judge for the Western District of Pennsylvania.
       Elaine F. Bucklo, of Illinois, to be United States District 
     Judge for the Northern District of Illinois.
       Robert W. Gettleman, of Illinois, to be United States 
     District Judge for the Northern District of Illinois.
       Helen W. Gillmor, of Hawaii, to be United States District 
     Judge for the District of Hawaii.
       Roslyn Moore-Silver, of Arizona, to be United States 
     District Judge for the District of Arizona.
       Alvin W. Thompson, of Connecticut, to be United States 
     District Judge for the District of Connecticut.
       William H. Walls, of New Jersey, to be United States 
     District Judge for the District of New Jersey.
       Sven E. Holmes, of Oklahoma, to be Untied States District 
     Judge for the Northern District of Oklahoma.
       Vicki Miles-LaGrange, of Oklahoma, to be United States 
     District Judge for the Western District of Oklahoma.

                         Department of Justice

       Sheldon C. Bilchik, of Maryland, to be Administrator of the 
     Office of Juvenile Justice and Delinquency Prevention.

                        State Justice Institute

       Joseph Francis Baca, of New Mexico, to be a Member of the 
     Board of Directors of the State Justice Institute for a term 
     expiring September 17, 1995.
       Robert Nelson Baldwin, of Virginia, to be a Member of the 
     Board of Directors of the State Justice Institute for a term 
     expiring September 17, 1995.
       Florence K. Murray, of Rhode Island, to be a Member of the 
     Board of Directors of the State Justice Institute for a term 
     expiring September 17, 1995.

            Defense Base Closure and Realignment Commission

       Alan J. Dixon, of Illinois, to be a Member of the Defense 
     Base Closure and Realignment Commission for a term expiring 
     at the end of the first session of the 104th Congress.
       Alan J. Dixon, of Illinois, to be a Chairman of the Defense 
     Base Closure and Realignment Commission.

                    Environmental Protection Agency

       Frederic James Hansen, of Oregon, to be Deputy 
     Administrator of the Environmental Protection Agency.

                        Department of Education

       G. Mario Moreno, of Texas, to be Assistant Secretary for 
     Intergovernmental and Interagency Affairs, Department of 
     Education.

        National Commission on Libraries and Information Science

       Joel David Valdez, of Arizona, to be a Member of the 
     National Commission on Libraries and Information Science for 
     a term expiring July 19, 1998.

           National Foundation on the Arts and the Humanities

       Jorge M. Perez, of Florida, to be a Member of the National 
     Council on the Arts for a term expiring September 3, 1998.

                             The Judiciary

       James A. Beaty, Jr., of North Carolina, to be United States 
     District Judge for the Middle District of North Carolina.
       David Briones, of Texas, to be United States District Judge 
     for the Western District of Texas.
       Okla Jones, III, of Louisiana, to be United States District 
     Judge for the Eastern District of Louisiana.
       G. Thomas Porteous, Jr., of Louisiana, to be United States 
     District Judge for the Eastern District of Louisiana.
       James Robertson, of Maryland, to be United States District 
     Judge for the District of Columbia.
       Thomas B. Russell, of Kentucky, to be United States 
     District Judge for the Western District of Kentucky.
       Kathleen M. O'Malley, of Ohio, to be United States District 
     Judge for the Northern District of Ohio.

                         Department of Justice

       Charles R. Wilson, of Florida, to be United States Attorney 
     for the Middle District of Florida for the term of four 
     years.
       Steven Scott Alm, of Hawaii, to be United States Attorney 
     for the District of Hawaii for the term of four years.
       Eisenhower Durr, of Mississippi, to be United States 
     Marshal for the Southern District of Mississippi for the term 
     of four years.
       Michael R. Ramon, of California, to be United States 
     Marshal for the Central District of California.
       Michael D. Carrington, of Indiana, to be United States 
     Marshal for the Northern District of Indiana for the term of 
     four years.
       Robert Bradford English, of Missouri, to be United States 
     Marshal for the Western District of Missouri for the term of 
     four years.
       John R. Murphy, of Alaska, to be United States Marshal for 
     the District of Alaska for the term of four years.
       Herbert M. Rutherford III, of the District of Columbia, to 
     be United States Marshal for the District of Columbia for the 
     term of four years.
       Robert Moore, of Illinois, to be United States Marshal for 
     the Central District of Illinois for the term of four years.


             statement on the nomination of fred i. parker

  Mr. LEAHY. Mr. President, when I recommended Judge Parker to the 
President in June, I noted that there then existed three vacancies 
among the 13-member Court of Appeals for the Second Circuit. I am 
delighted that with the confirmation of Judge Parker, the President 
will have nominated and the Senate will have confirmed three 
outstanding appointments to fill the vacancies on this important court 
with jurisdiction over Vermont, CT, and New York with nominees from 
each of its component States.
  When the Senate considers judicial nominees, we often speak about the 
special qualities a lawyer needs to fill a set on the Federal bench. We 
speak of legal acumen, we speak of experience in the law, we speak of 
judicial temperament. These are qualities only a select few lawyers 
possess.
  From my knowing Judge Parker for more than 30 years--first as a 
fellow law student at Georgetown and then after we returned to 
Vermont--I know well that he has all of the attributes needed to be an 
outstanding judge, in the great tradition of the Vermont bar and the 
second circuit. I believe that the President has selected a worthy 
successor to our respected James Oakes, former chief judge of this 
historic court.
  Judge Parker has served with distinction since his confirmation to 
the district court in 1990. Before his appointment to the Federal 
bench, Judge Parker was recognized as among the Vermont bar's finest 
attorneys. His legal career and life experiences have been broad and he 
brings that knowledge and good sense with him to the bench.
  Public service in the Vermont Attorney General's Office, a diverse 
civil and criminal practice in Vermont State and Federal courts, an 
outstanding record at Georgetown Law School, have all helped prepare 
Judge parker. It came as no surprise to me that the Vermont bipartisan 
nominating commission returned Judge Parker's name as best qualified to 
fill this important post.
  In addition to his qualifications and background, Judge Parker 
possesses the quality essential to outstanding judges, the ability to 
be fair. No matter what the cause or whom the litigant, I have every 
confidence that Judge Parker will provide a fair and impartial hearing. 
Whether a petitioner is rich or poor, or a cause popular or not, Judge 
Parker will listen with an open mind and apply the law fairly in a 
manner that accords with the best traditions of Vermont common sense 
and justice.
  If you look at the range of his opinions, you will see this to be 
true. For that reason above others, I am pleased that President Clinton 
made this nomination. Judge Parker is a man of integrity and 
independence--a judge who calls them as he sees them.
  Fred parker is a good friend, husband, father, and Vermonter. More 
importantly my friend Fred Parker will be an exceptional judge.
  When I was considering my recommendation to President Clinton, I 
reached across party lines to Judge Parker. I am proud that the 
President saw fit to accept my recommendation. When the President made 
his selection, he demonstrated that he chooses nominees for lifetime 
judicial appointments based on the qualities and qualifications of the 
person rather than on political party or any litmus test.
  Finally, I wish to acknowledge the associate counsel to the President 
Victoria Radd for her professionalism and attention to this nomination 
and to thank my colleagues on the Judiciary Committee for approving 
this nomination in short order. I greatly appreciate the help of our 
chairman, Senator Biden, and our ranking Republican, Senator Hatch.
  Madam President, I should note that I see the distinguished Senator 
from Vermont, Mr. Jeffords, on the floor. I know he will speak later on 
this.
  I note my sense of pride and I am sure Senator Jeffords' sense of 
pride upon the confirmation of Fred Parker. This is a judge whose 
career has actually touched both of us.
  Fred Parker was a schoolmate of mine at Georgetown Law School. We 
have known each other for over 30 years. When he came to Vermont, he 
came as the deputy attorney to then Attorney General James Jeffords and 
served in that function in an exemplary fashion.
  It was Senator Jeffords who recommended him to be a district judge, 
with my strong support. He has served the State of Vermont in a 
fantastic fashion in that regard.
  And, even though Senators normally do not get their choices 
automatically for circuit court of appeals judges, I went to President 
Clinton and recommended him, saying that even though we were of 
different parties, we both felt that Vermonters deserve the best.
  I join my friend, Jim Jeffords, in congratulating Fred Parker on his 
confirmation at this witching hour of the night.


            statement on the nomination of rosemary barkett

  Mr. BIDEN. Mr. President, during the April 14, 1994, floor debate on 
the nomination of Rosemary Barkett, some editorial material was placed 
in the Record suggesting that information about the nominee was leaked 
to journalists by a member of the Republican Judiciary Committee staff. 
To my knowledge, Republican staff mailed copies of Justice Barkett's 
opinions and their own summaries thereof. That type of information is 
not considered confidential information by the committee.


          statement on the nomination of Senator Alan J. Dixon

  Mr. NUNN. Mr. President, I am pleased to support the nomination of 
our former colleague Senator Alan Dixon to be the chairman of the Base 
Closure and Realignment Commission. This Commission has a very 
important function to perform next year, and I think President Clinton 
has made an excellent selection in nominating Senator Dixon to the 
chairman.
  The Defense Base Closure and Realignment Act of 1990 set up a process 
to close and realign military bases in the United States that is fair, 
objective, nonpartisan, and open to the public. The Defense Department 
is currently implementing the base closures from the 1988, 1991, and 
1993 Base Closure Commissions.
  Overall, DOD is closing 70 major bases and realigning 38 others in 
the United States, as well as implementing over 200 smaller closures 
and realignments. Once all of these closures and realignments are 
implemented by the end of this decade, the annual savings to the 
defense budget will be approximately $4 billion per year. That is a 
good record of achievement, but there is much more to be done.
  By fiscal year 1999, the defense budget will decline by more than 40 
percent in real terms from the mid 1980's, and the size of the military 
services will drop by almost 30 percent from 1990 levels. At the same 
time, our domestic base structure has been reduced by only 15 percent 
in the first three rounds of base closings.
  If we are going to maintain the readiness of our Forces, provide for 
needed modernization, preserve the Bottom-Up Review force levels, and 
improve the quality of life for our military members and their families 
under the current budget levels, we are going to have to make further 
reductions in our base infrastructure.
  Back in January of this year, Secretary Perry gave the military 
departments and overall goal of 15 percent reduction in plant 
replacement value as the minimum goal for the 1995 base closure and 
realignment process. If DOD meets this goal, the 1995 base closures and 
realignments will be much more extensive than any of the three previous 
rounds--making the job of the next Base Closure and Realignment 
Commission even more challenging than in the past.
  Few people have more experience with all aspects of the base closure 
process than our former colleague Alan Dixon. As a legislator, Senator 
Dixon played a key role in the Armed Services Committee in drafting the 
legislation that set up the current base closure process. As a 
subcommittee chairman on the Armed Services Committee, he took the lead 
in the committee's oversight of the 1988 and 1991 base closure rounds. 
As a Senator from Illinois, he saw first-hand the economic consequences 
of the base closure process when he worked closely with communities in 
his State that experienced the closure of a military base.

  All of us who worked closely with Senator Dixon on the Armed Services 
Committee during his tenure in the Senate know that he is a person of 
great integrity with the leadership ability to deal with difficult 
issues in an open, even-handed manner. As chairman of the Subcommittee 
on Military Readiness, Sustainability and Support, Senator Dixon earned 
the respect of every member of the Armed Services Committee for his 
expertise on military support and infrastructure issues.
  Although this nomination was not received in the Senate until Tuesday 
of this week, the Armed Services Committee carefully followed all our 
standard procedures in considering this nomination. Senator Dixon 
responded in writing to prehearing policy questions on some of the 
major issues in the area of base closings. These written questions, 
along with his completed committee questionnaire, will be made a part 
of the committee's published record of this nomination. The committee 
has also received and reviewed the standard material from the executive 
branch required of all nominees for service on the Commission.
  On Wednesday afternoon, the committee held a confirmation hearing 
with the nominee. At that hearing, Mr. President, Senator Dixon stated 
his strong commitment to carry out both the letter and the spirit of 
the base closure statute to conduct the business of the Commission in 
an open, fair, and objective manner.
  As we consider the nomination of the next chairman of the Base 
Closure and Realignment Commission, I want to recognize the service of 
the previous chairman. Congressman Jim Courter chaired both the 1991 
and the 1993 Base Closure and Realignment Commissions, and he did an 
excellent job. His leadership of the Commission and his strong 
commitment to the integrity of the process established by the Base 
Closure and Realignment Act of 1990, resulted in the complete 
endorsement of the 1991 and 1993 Commission recommendations by both the 
President and the Congress.
  Mr. President, the base closure process is a painful but necessary 
process, and serving as chairman of the Base Closure and Realignment 
Commission is a thankless but very important job. I appreciate Senator 
Dixon's willingness to take on a very difficult assignment.
  Once confirmed, Senator Dixon will assume the office of chairman of 
the Base Closure and Realignment Commission and serve through the end 
of 1995, the statutory termination of the Commission. In order for the 
Commission to carry out it responsibilities next year, it is important 
for the chairman to be appointed promptly so that staff can be hired 
and all of the other necessary preparations can be made.
  Mr. President, I hope all of my colleagues will join me in supporting 
Senator Alan Dixon's nomination to be the chairman of the Base Closure 
and Realignment Commission.


                          judicial nominations

  Mr. BIDEN. Mr. President, I would like to take this opportunity to 
acknowledge the tremendous effort of the members of my staff who have 
worked tirelessly to process the nominations of hundreds of judges, 
U.S. attorneys U.S. marshals, and other Department of Justice nominees. 
As of today, the Senate has confirmed district and circuit court 
nominees this congress--100 in this year alone. Only once in the last 
16 years has the Senate confirmed this number of judges in a single 
session of Congress. It has been an extraordinary feat.
  Reviewing and processing these nominations is one of the most 
difficult aspects of our work on the committee. It is a job that we all 
take very seriously and I am proud that my staff approaches the task 
with diligence and care.
  Cathy Poston, chief nominations counsel to the Senate Judiciary 
Committee, has the unenviable responsibility of ensuring the careful 
review of every nomination approved by the committee. She has 
accomplished this task with the utmost professionalism and unfailing 
good humor. I have relied heavily on her excellent judgment and her 
knowledge of the law. Mary DeOreo, committee investigator, and the 
committee's two nominations counsels, Kirra Jarratt and Daniel Cort, 
have made herculean efforts to process nominees carefully. Each is 
committed to a fair, but thorough examination of the nominees before 
the committee. They have been ably assisted in this effort by Sarah 
DeLeo, who as the chief nominations clerk has the difficult job of 
keeping track of every single nomination that passes through the 
committee.
  I would also like to acknowledge the tremendous cooperation of 
Senator Hatch and his excellent staff. Mark Disler, Manus Cooney, 
Sharon Prost, Ed Whelan, Jim Phillips, Shawn Bentley, and Anna Cabral 
have carefully reviewed each nominee. While there were a few instances 
in which there were disagreements on ideology, the investigative 
portion of our work has always done professionally and on a bipartisan 
basis.
  These staff members have worked hard to help Members of the Senate 
move their nominees through the Senate. Moreover, they have played an 
invaluable role in addressing the problems created by the extraordinary 
number of judicial vacancies. For that, each of us owes our respect and 
deep gratitude.

                          ____________________