[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.
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EXECUTIVE SESSION
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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.
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