[Congressional Record Volume 143, Number 54 (Wednesday, April 30, 1997)]
[Senate]
[Pages S3836-S3841]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

  NOMINATION OF ALEXIS M. HERMAN, OF ALABAMA, TO BE SECRETARY OF LABOR

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now 
go into executive session to consider Executive Calendar No. 70, the 
nomination of Alexis Herman to be Secretary of Labor. I further ask 
that there be 30 minutes of debate on the nomination to be equally 
divided between the chairman and ranking minority manager; I further 
ask unanimous consent that immediately following the expiration or 
yielding back of the time, the Senate proceed to a vote on the 
confirmation of the nomination, and immediately following the vote the 
President be notified of the Senate's action, and the Senate then 
return to legislative session.
  Mr. DASCHLE. Mr. President, reserving the right to object, and I only 
do so to commend the distinguished majority leader for his work in 
bringing us to this point. This has been the subject of extraordinary 
discussion and negotiation. It would not have been possible were it not 
for his cooperation and the work by several Senators, including the 
distinguished chairman of the Labor Committee and the ranking member, 
who are on the floor at this time. I thank the majority leader for his 
effort, and I appreciate very much the work to bring us to this point.
  I have no objection.
  Mr. LOTT. Mr. President, before the Chair rules on the unanimous 
consent request, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Ashcroft). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LOTT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. Mr. President, I renew my request for a unanimous-consent 
agreement that we proceed to Calendar No. 70, the nomination of Alexis 
Herman to be Secretary of Labor.
  The PRESIDING OFFICER. Is there objection to the request?
  Hearing no objection, it is so ordered.
  Mr. LOTT. Mr. President, I do want to thank the distinguished 
Democratic leader for his comments. He knows quite well that there had 
been concerns, initially, about this nominee. I have been satisfied 
that she is qualified for the job. But I didn't know all the details of 
allegations or problems that had been identified. The committee, under 
the leadership of the chairman, took their time, they looked into the 
potential problems and allegations, and they finally took a vote. I 
believe it was a unanimous voice vote. Members of the committee had 
adequate time to look into these potential problems. I think the 
nominee has assured Senators that her conduct is going to be very 
circumspect as Secretary of Labor. I am satisfied that she will do that 
and that she will work with the Congress and the Senate, on both sides 
of the aisle, and will do a good job as Secretary of Labor.
  Now, the second problem, of course, has been the idea that there 
would be an Executive order with regard to Federal union contracting. 
There has been a considerable amount of concern, as the Senator knows, 
about this being done through Executive order. We feel that should be 
done by the Congress with recommendations and time for consideration. 
But we have worked out an understanding with the administration of how 
this matter will be handled. Based on their assurances, which we feel 
they will honor, we felt it was appropriate to proceed with this 
nominee.

  I want to say, again, that the nominee was not the problem over the 
last few weeks. The problem was an understanding about how labor law 
should be changed. I think we have reached a point where we can enter 
into this agreement. I thank the assistant majority leader, Don 
Nickles, for his effort. He is knowledgeable in this area. He has been 
aggressive in trying to identify the problem and trying to find a 
solution. I did have a chance to discuss this last night with the 
President. He has had an opportunity to discuss it with representatives 
from the White House, and I feel that an amicable arrangement has been 
reached.
  I yield the floor.
  Mr. DASCHLE. Mr. President, I thank the majority leader for his 
explanation and for his description of the current set of 
circumstances. We have known now for some time that the delay in 
confirming Ms. Herman had little to do with her qualifications or the 
degree to which there was support on the Senate floor. It had to do 
with the dispute over Federal contracting.
  I am pleased that the dispute has ended and that we find some 
applicable resolution to that issue. I have not seen the details of 
that particular agreement, but I am very pleased that, at long last, 
Ms. Herman will have the

[[Page S3837]]

opportunity to serve in her new capacity as Secretary of Labor. We look 
forward to working with her, and it is my expectation that there will 
be an overwhelming vote this afternoon on her behalf.
  We look forward to beginning as early as next week to see her in 
office and working closely with us on an array of very important 
matters to be taken up in the next 2 years.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Faircloth). The nomination will be stated.
  The legislative clerk read the nomination of Alexis M. Herman, of 
Alabama, to be Secretary of Labor.
  Mr. JEFFORDS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. JEFFORDS. Mr. President, I rise today before the Senate to 
recommend that we approve the nomination of Ms. Alexis M. Herman to 
serve as Secretary of Labor.
  Ms. Herman's career has been filled with many firsts. In 1977, Ms. 
Herman was appointed by President Jimmy Carter to be the first African-
American woman to lead the Women's Bureau. Twenty years later, Ms. 
Herman is poised to become the first African-American woman to serve as 
Secretary of Labor.
  To be appointed and confirmed as the Secretary of Labor is one of the 
greatest honors that our Nation can bestow upon an individual. It is an 
honor, however, that comes with a heavy burden of responsibility. 
Individuals who hold this office become stewards of the public trust 
and bear a great responsibility to the working men and women of 
America. It is my hope and my sincere expectation that Alexis Herman 
will preserve this trust and serve our country ably and effectively as 
Secretary of Labor.
  Ms. Herman will take the helm of the Department of Labor at a 
critical juncture in its history. The passage of welfare reform has 
made the strengthening of our job-training programs more important than 
ever. People must be able to obtain skills that will lead to secure 
jobs. Workers are entitled to fair pay in a safe environment. And while 
a great deal of attention is being focused on the future of the Social 
Security system, it is incumbent upon us to ensure the stability and 
expand the reach of the private pension system as well. I have devoted 
my career to these issues and I look forward to working with Ms. Herman 
to strengthen the Department of Labor's education and training programs 
and improve the quality of life of working men and women.
  It is because of my belief in and support for the mission of the 
Department that I have done my best to thoroughly review the background 
of this nominee. The pace may have seemed slow to some people but I was 
convinced then, as I am now, that it is better to take the time to do 
this job properly.
  Our efforts were complicated by ongoing revelations of White House 
fundraising activities and by the announcement that the Office of 
Public Liaison, which the nominee was heading, was, and continues to 
be, the subject of an investigation by the Office of Special Counsel. 
But our efforts are now complete and the committee recommends that the 
Senate confirm Ms. Herman as Secretary of Labor.

  Ms. Herman brings a unique set of skills and experience to the 
position of Secretary of Labor. In the mid-1970's she administered a 
pioneering program in Atlanta that helped minority women obtain white 
collar jobs. From 1977 until 1981, she served as the Director of the 
Women's Bureau under President Jimmy Carter. In this capacity she led 
the Department of Labor's efforts to identify and address the needs of 
working women across the country.
  Over the years, Ms. Herman has earned a reputation for her ability to 
build coalitions and work effectively with groups holding disparate and 
divergent political views. It is my hope that these skills will be used 
to seriously address our Nation's workplace and work force development 
needs as we prepare for the 21st century.
  We have an ambitious legislative agenda for this year--already the 
committee has reported S. 4, the Family Friendly Workplace Act, and S. 
295, the Teamwork for Employees and Managers Act of 1997. These bills 
represent critical responses to the vast changes in the American 
workplace--changes that are unrecognized in a body of labor law 
unchanged since the Great Depression. Employers and employees should be 
working with, not against, each other whether it's figuring out a 
problem on the shop floor or in an employee's schedule.
  Over the next few months we will develop legislation to better 
integrate education and job training programs and we will begin to 
explore ways to improve the security and soundness of the private 
pension system. These legislative initiatives will have profound 
implications for the economic competitiveness of our Nation and for the 
quality of life of American workers. We will only succeed in these 
efforts if we have leadership from the Secretary and a firm commitment 
to avoid partisan politics in the interest of addressing critical 
national needs.
  I believe that Ms. Herman will be a full partner in these endeavors 
and that she will join us in our effort to improve the quality of life 
of working men and women. I look forward to working with her in her new 
capacity as Secretary of Labor.
  I reserve the remainder of my time.
  Mr. KENNEDY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts is recognized.
  Mr. KENNEDY. Mr. President, as I understand it, we have 15 minutes. 
Am I correct?
  The PRESIDING OFFICER. That is correct.
  Mr. KENNEDY. I yield myself 7 minutes at this time.
  Mr. President, first of all, I want to extend our appreciation to the 
majority and minority leaders for working out this agreement where 
within the hour the Senate will go on record by an overwhelming vote in 
behalf of an outstanding nominee for Secretary of Labor. I am grateful 
to them for working out this agreement.
  I thank especially the chairman of our committee, Senator Jeffords, 
for the way that he has handled this nomination. Nominations come and 
nominations go. But the fairness and thoroughness with which he handled 
this nominee I think reflects extremely well, not only on our committee 
but on the institution as a whole. It was exhaustive. It was extensive. 
It was probing. It was searching, as any review should be. And at the 
end of the day we were able to see the result of this very thorough 
review in the unanimous vote by the committee. That is the way that it 
should be done.
  All of us in this body, and I think all Americans, will be grateful 
for the fact that we will have a Secretary of Labor who will be at the 
President's elbow and will speak for working men and women in this 
country. But at this time, all of us in the Senate should know the 
outstanding job that she has done.
  Mr. President, I am delighted that we have freed ourselves from the 
position that was taken by some Members here on the floor who differed 
with the President's authority to issue an executive order encouraging 
the use of project labor agreements on Federal construction sites.
  I think, if we look back over the history of project labor 
agreements, we would see that they have been effective, they have 
worked, and they have saved resources. These are voluntary agreements. 
The Supreme Court has upheld their use on public sector construction 
sites. Clearly the President is justified in urging the use of those 
kinds of agreements when they are appropriate.
  This morning in the Labor Committee, we heard the outstanding 
testimony of John Dunlop, who is the former Secretary of Labor, under a 
Republican administration, who, as the architect of many project labor 
agreements, reviewed in some detail just how they work, how they 
function, and the reasons for them. He made a very powerful and 
convincing case for project labor agreements. But now we have worked 
out a satisfactory way in which the President will issue a memorandum 
on that issue which will encourage these project labor agreements to go 
forward where they are appropriate. And now we are moving ahead with 
the nominee.
  So I would also like to commend Senator Jeffords for outlining the 
challenges that are going to be there for the Secretary. When I arrived 
in the Senate, men and women were working

[[Page S3838]]

down at the Fall River Shipyard, building ships in Quincy, MA. They 
worked there with a high school diploma. They had a good job, and a 
good income. Their father generally had worked at the Fall River 
Shipyard, and even their grandfathers worked there and built some of 
the best ships we had in World War II, and many outstanding commercial 
ships as well. It is an entirely different labor market today. Everyone 
who enters it will have seven different jobs over the period of their 
lifetime at least.
  The importance of having a well-trained and skilled work force is an 
enormous challenge for our country. We are looking forward to working 
with the members of our committee to try to play our role in making 
sure that we are going to see that those kinds of opportunities are 
going to be available to workers in the future.

  I would like to take, Mr. President, the remaining moments here today 
just to speak about this really extraordinary nominee.
  I see my colleague and friend, the good Senator from Illinois, has 
joined us, who has been such a strong supporter of the nominee, and 
will speak. My friend, Senator Wellstone, will speak as well.
  If we are looking at a success story, we are looking at the life of 
Alexis Herman. If we are looking for personal resolution, 
determination, and personal moral courage and physical courage, we are 
looking at the history of Alexis Herman who, with her mother--who 
taught her to read at a very early age, in Mobile, AL--traveled as her 
mother was involved in one of the early literacy programs. She attended 
a Catholic school in Mobile, AL, that was segregated, and brought the 
truth to power when she challenged that school to integrate. The school 
resisted those entreaties. And, finally, a year later they admitted 
blacks into that school as a result of the determination and 
perserverance of this extraordinary young woman. She traveled and 
worked to try to bring African-American women into the work force in 
many of the institutions and companies of this country with great, 
great success.
  Her life has been one of service. She has been an outstanding 
assistant to the President of the United States with outreach programs, 
trying to work to make sure that the message that was going to be 
coming from the White House was going to be an all-inclusive message, 
and one that was going to move the country along together and not at 
the expense of any individuals or any groups.
  She served with great distinction under Ray Marshall, who was 
Secretary of Labor under President Carter. And Ray Marshall is one of 
the country's most thoughtful leaders on all of the issues affecting 
the training of workers and upgrading their skills. And his support--
his clear, eloquent comments about the work that Alexis Herman did when 
she worked with Ray Marshall constitute one of the most outstanding 
tributes that I have ever heard about any worker in any Cabinet 
position.
  So the President of the United States has nominated her to be the 
Secretary of Labor. We will, I think, have an extraordinary person, one 
who can bring innovation and creativity, one who can reach out to 
working families; one who has special insights into the challenges that 
are out there for workers in a changing world.
  Alexis Herman exemplifies many of our most important national values. 
She leads by example, and has a distinguished history of bringing 
others along. She grew up poor in the segregated South, and she 
succeeded through talent, energy, and commitment. She has had a 
lifelong commitment to the principle of helping others to help 
themselves.
  As I mentioned, her mother, who once was Alabama's Teacher of the 
Year, brought Alexis with her as she taught reading to children and 
adults. Alexis' first summer job was teaching reading at an inner-city 
housing project.
  After graduating from Xavier University in New Orleans, she returned 
to Mobile as a social worker. She counseled delinquent youths, helped 
place children in foster homes, and worked to assist families in 
dealing with issues such as teenage pregnancy.
  She saw that lack of skills and opportunities were keeping many of 
Mobile's black citizens from achieving their full potential.
  Alexis then spent several years running a pilot program in Atlanta to 
place African-American women in white collar positions. Included in the 
hundreds of letters the committee received in support of Ms. Herman's 
nomination were a number of letters from African-American female 
executives who credited Alexis with starting them on their careers. One 
woman who is now a vice president at the American Cancer Society wrote 
that she recalled that Alexis ``advised the wisdom of getting my foot 
in the door first and foremost. From there, she said the rest would be 
up to me.''
  Another letter noted that the pilot project Alexis ran placed more 
African-American women in management positions in Atlanta during its 
first year in operation than the U.S. Employment Service had placed in 
its entire history in the city.

  As I mentioned, in 1977, when Ray Marshall became Secretary of Labor 
in President Carter's administration, he asked her to become head of 
the Department's Women's Bureau--the youngest Director ever. She worked 
on expanding opportunities for women in skilled trades, helped 
displaced homemakers obtain the tools necessary to succeed in the 
workplace, and co-chaired a Presidential task force to promote business 
ownership by women.
  When President Clinton took office in 1993, he named Alexis Herman to 
a senior White House position as Assistant to the President and 
Director of the Office of Public Liaison. In this capacity, she 
identified the concerns of individuals and families across the country 
on the issues, and communicated the President's priorities to them.
  In the many weeks since her nomination to be Secretary of Labor was 
announced last December, attempts have been made to generate 
controversy about various aspects of her career. However, Ms. Herman 
has responded to all the inquiries fully and completely. She received 
the unanimous support of the Labor Committee, and I anticipate that she 
will receive broad bipartisan support by the full Senate.
  All her life, as a young student, as a career woman, as a community 
leader and in public service, Alexis Herman has advanced America's 
ideals. Hard work, dedication to excellence and commitment to 
leadership are the hallmarks of her character. Her entire career is a 
profile in courage.
  She knows from her own life and firsthand experience the very real 
obstacles that too many Americans still face in trying to achieve the 
American dream. Most important, she is dedicated to the cause of 
improving the lives of all working families. She'll do an outstanding 
job as Secretary of Labor, and I look forward to working closely with 
her in the years ahead.
  Mr. President, how much time do I have?
  The PRESIDING OFFICER. The Senator has 7 minutes.
  Mr. KENNEDY. I yield 4 minutes to the Senator from Illinois, and the 
remaining time to the Senator from Minnesota.
  The PRESIDING OFFICER. The Chair recognizes the Senator from 
Illinois.
  Ms. MOSELEY-BRAUN. Thank you, very much, Mr. President. I thank the 
Senator from Massachusetts, Senator Kennedy, very much, and the Senator 
from Vermont, Senator Jeffords, for their efforts in bringing this 
nomination to the floor.
  Yesterday, I came to the floor and asked that Alexis Herman be freed 
and that the Department of Labor be liberated so that they could get on 
with the business of the American people, the American working people. 
And that is what has happened here.
  So we are rejoicing this afternoon that, indeed, this nomination has 
reached consensus. There has been closure and agreement by leadership 
and by the Members of this Senate to have a vote on Alexis Herman's 
confirmation.
  I am so very pleased and grateful to the leadership, and, again, 
Senator Kennedy and Senator Jeffords for making it so.
  Mr. President, I strongly support the confirmation of Alexis Herman 
as Secretary of Labor. She has been a friend of mine and I know that 
she will be an outstanding Secretary of Labor. Her

[[Page S3839]]

commitment to improving the condition of America's working people is 
second to none.
  Over the past 4 years, we have witnessed major improvements in our 
economy. Now we must continue the work to make our economy and our work 
force better than we have ever known. We need someone to help lead us 
in that direction. I cannot think of a person who is more skilled and 
more knowledgeable and who is better suited for that task than Alexis 
Herman.
  Alexis Herman has long dedicated her efforts to putting all Americans 
to work. Early in her career, Alexis Herman implemented a program that 
provided targeted training to potential employees. This program helped 
to ensure that potential employees possessed the skills required to 
meet employer's needs. Through the work of Alexis Herman, companies 
across America had access to employees who had specialized skills, and 
workers had access to jobs because they were trained for jobs that 
actually existed.
  Alexis Herman continued her efforts to expand workplace opportunities 
as head of the Women's Bureau of the Department of Labor under 
President Carter. At the Women's Bureau, she not only expanded job 
opportunities by training women for the work force, including training 
in nontraditional jobs, but also expanded job opportunities by training 
women to become business owners with a work force of their own.
  During her tenure at the Women's Bureau Alexis Herman focused her 
efforts on moving women from welfare to work. Especially important and 
relevant in light of last year's welfare bill is Alexis Herman's 
experience and skills in the area of creating job training and 
placement opportunities for welfare recipients and low-skill workers. 
If we are going to put over a million people to work in the coming 
years, we are going to need Alexis Herman's practical experience.
  Alexis Herman's commitment to diversity will make a difference in the 
steps our Nation takes to enhance our work force. Any time we retreat 
from providing equal opportunities to all of our citizens, we risk 
weakening our greatest asset: our workers. With her vast experience in 
increasing diversity in the workplace, Alexis Herman will ensure that 
no talent goes untapped.
  Alexis Herman knows the value of diversity. As public liaison for 
President Clinton, Ms. Herman worked with Americans across the 
country--Americans with diverse backgrounds and concerns.
  During Ms. Herman's testimony before the Labor Committee, she stated 
that she had five goals for the Labor Department in the next 4 years: 
lifelong learning and skills development; welfare to work; retirement 
security; safe and equal opportunity workplaces; and balancing work and 
family. These goals reflect her life's work to date. These goals also 
describe a course for the future that we can all support. These goals 
reflect America's agenda.
  Training our work force for the 21st century, providing for a secure 
retirement for the Nation's expanding elderly population, and 
recognizing the importance of family for America's work force are 
clearly national priorities. Alexis Herman understands that to reach 
these goals we must work together.
  One of her greatest strengths is that she has formed partnerships 
with both business and labor in her many years working on employment 
issues. She understands the kind of investment that business must make 
in human capital in order to improve productivity, increase profits, 
and to create jobs. She understands how difficult it is for small 
businesses to start up and how important those businesses are to our 
economy as a whole. She understands that people want to work but that 
they need the opportunity to be trained so that they can become 
productive members of the work force. And, finally, Alexis Herman 
understands that we are all in this together.
  Former Secretary Reich was an advocate for working people, an asset 
to the business community and a tireless servant for America's 
families. He has my deepest thanks and my highest admiration for the 
work he did as Secretary of Labor. But I know that Alexis Herman is 
capable and up to the task in front of her, that even though she has 
big shoes to fill, I know she is more than capable of meeting the 
challenge and finishing the task. There can be no better candidate for 
Secretary of Labor than Alexis Herman. Her confirmation, as Senator 
Kennedy pointed out, will, indeed, make history. As Secretary of Labor 
she will make a difference, however, in the lives of millions of 
Americans and workers throughout the world.
  I urge my colleagues to confirm Alexis Herman as the next Secretary 
of Labor.
  I thank the Chair and I yield the floor.
  Mr. JEFFORDS. Mr. President, I yield 2 minutes to the able majority 
whip.
  The PRESIDING OFFICER. The Chair recognizes the distinguished Senator 
from Oklahoma.
  Mr. NICKLES. I thank the Chair. I thank my colleague from Vermont for 
his leadership and also for having the hearing today that discussed 
project labor agreements.
  I told my friend from Massachusetts that I did not have a problem 
with Alexis Herman being Secretary of Labor as much as I had a real 
problem with what I perceive to be legislation by Executive order.
  There was proposed to be an Executive order dealing with project 
labor agreements that, as it was read by me and many other people, 
basically would have excluded nonunion companies from bidding on over 
$200 million of work per year. I think that requires legislation, and 
if Congress wants to legislate that, certainly Congress has the right 
to legislate that. I told the White House my hope and desire would be 
that if they want to legislate, to find someone to introduce that 
legislation, we would take it up in the legislative process.
  So I have had for the past few weeks objected to considering this 
nomination, trying to get the White House to back off from that order. 
I might inform our colleagues--somebody said, well, what caused this 
change of events? The White House has now agreed not to issue the 
Executive order, and I appreciate that. They have said that they were 
going to issue a memorandum from the President to the executive 
agencies, and that is certainly within their right. The memorandum does 
not have the force and effect of law.
  My purpose was to make sure that the administration did not try to 
legislate by Executive order. We now have a letter from Erskine Bowles 
that I will just read.

       This is to confirm the administration's intention to issue 
     a Presidential memorandum encouraging executive departments 
     and agencies to consider utilizing project labor agreements 
     in Federal Government construction projects. The President 
     believes that such agreements are desirable in circumstances 
     where they promote efficient and high quality contract 
     performance and labor/management stability.

  It is also our understanding, as I say, very frankly, they are not 
going to do it by Executive order. So that is the reason why I am 
withdrawing my objection and have no objection to the Senate voting on 
the nomination of Alexis Herman to be the next Labor Secretary.
  So I appreciate the cooperation of the White House and think this is 
the proper way to proceed. If they wish to legislate on project labor 
agreements, certainly they have the right to introduce that legislation 
and we will consider it in due process.
  Mr. SPECTER addressed the Chair.
  The PRESIDING OFFICER. Who yields time?
  Mr. JEFFORDS. I inquire as to the remainder of time.
  The PRESIDING OFFICER. There are 6\1/2\ minutes on the Republican 
side and 3\1/2\ on the Democrat side.
  Mr. JEFFORDS. I yield the Senator from Pennsylvania 6 minutes.
  The PRESIDING OFFICER. The Chair recognizes the distinguished Senator 
from Pennsylvania.
  Mr. SPECTER. I thank my distinguished colleague from Vermont for 
yielding me time. I have sought recognition to support the nomination 
of Ms. Alexis M. Herman for Secretary of Labor, and I am glad to see we 
are finally moving to the confirmation process here because we need a 
Secretary of Labor in place to move ahead on the budget process and the 
appropriations process.
  I serve as chairman of the appropriations subcommittee which has 
jurisdiction over the Department of Labor. It has an $11 billion 
budget, and obviously

[[Page S3840]]

we have not been able to hear from the Secretary of Labor so far 
because we have not had a Secretary of Labor.
  When Ms. Herman's status was held up early on, I met with her and had 
a long talk with her back in early February. I found that she had a 
good academic background and had a good work record. Some questions had 
been raised on a number of items, but it was my sense at that time that 
she was entitled to a hearing by the Labor Committee.
  I am delighted that Senator Jeffords and the committee have held that 
hearing and have reported her nomination out favorably so that we are 
now in a position to move ahead and to confirm her today. It is my 
sense that she will receive an overwhelming vote of support, perhaps 
even a unanimous vote. That remains to be seen.
  Apparently she will not receive a unanimous vote, from a signal from 
the Presiding Officer, and that is within the discretion of every 
Senator, to vote as he or she sees fit. I do express a concern about 
the nexus or the linkage of Ms. Herman to the Executive order and to 
other collateral matters. I have been around here long enough to 
understand that that is not an unusual proceeding, but it is my hope 
that we can decide these matters on the merits one by one. But whatever 
one's position might be in that connection, we at least are reaching 
the point where we will have a vote at 5 o'clock today on Alexis Herman 
to see whether or not, up or down, she is qualified, in the view of the 
Senate, to be the next Secretary of Labor.
  I might say that there is considerable concern about the treatment of 
Ms. Herman in my home State of Pennsylvania. We had a remarkable event 
over last Sunday, Monday, and Tuesday, April 27, 28, and 29, in 
Philadelphia on the volunteer summit. We had four Presidents--quite an 
impressive showing. Somebody in the holding room said, ``Mr. 
President'' and everyone turned his head. Some who were not present 
turned their head, including Vice President Gore and maybe some others.
  But there was another summit, a citizen summit some blocks away in a 
square in Philadelphia--Philadelphia is famous for its squares--and a 
number of people who appeared at the Presidents' volunteer summit also 
appeared at the citizen summit. Mayor Rendell, who presided over the 
summit for Philadelphia and did an excellent job, appeared in both 
places as did Rev. Jesse Jackson, Congressman Fattah, and I as well. 
When I was at the citizen summit there was a lot of concern as to what 
was going to happen to Ms. Alexis Herman in the line of fair play, 
whether she was going to be treated fairly and appropriately.

  So I am glad to see our process has worked. I think Ms. Herman is 
qualified to be Secretary of Labor based on her academic record, her 
work experience, her general demeanor and general qualifications, and 
the appropriate committee has taken up the issues which were raised as 
question marks and has answered them to the satisfaction of the 
committee. I look forward to voting for her and look forward to her 
confirmation, even if it is not unanimous, but I make this prediction, 
that it will probably be in the 90's.
  I thank the Chair and yield the floor.
  Mr. WELLSTONE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. WELLSTONE. I thank the Chair.
  Mr. President, whatever interpretation Senators want to make about 
project labor agreements--I am not here to debate that now--I think 
that really what we ought to focus on is the vote we are about to take. 
And whatever interpretation Senators want to make about how we reached 
agreement, I am not here to debate that.
  I thank Senator Jeffords and Senator Kennedy for their fine 
leadership. I do know this. Senator Specter I think was quite correct 
in his remarks. I think there has been concern around the country about 
the treatment of Alexis Herman, making sure there was fair treatment. 
Clearly we are going to have a vote, and I think it is going to be an 
overwhelmingly positive vote. Above and beyond Ms. Herman, I think the 
issue is this position. It has been 6 long months. The Secretary of 
Labor position is so important to the lives of so many families all 
across the Nation--Minnesota, North Carolina, Massachusetts, Vermont, 
and beyond. Bob Reich was a great Secretary of Labor--a great Secretary 
of Labor--and I think the reason he became beloved to so many people in 
the country was that he was such a forceable and outspoken advocate and 
he was talking about living standards for people, about educational 
opportunities, about job training, about jobs at decent wages, and 
about parents being able to support their children. The Secretary of 
Labor is the most important position we have in the Cabinet when it 
comes to these critical issues, these bread and butter economic issues, 
whether or not we fulfill our national vow of equality of opportunity, 
which is all about decent jobs and decent educational opportunities.
  I hope that there will be an overwhelming--and I think there will 
be--vote in support of Alexis Herman. I think, as Senator Kennedy said, 
her own journey is inspiring. I think in many ways for an eloquent 
African-American woman to be Secretary of Labor, with all of the skill 
she brings to this position and with all the leadership that she can 
provide on behalf of working families, it is an inspiring story. I 
think this is an enormous victory not just for one person and not just 
for people in the African-American community, but really for the 
country. So I hope we will have a very strong vote for her.
  I thank the chair of our committee, Senator Jeffords, and I thank 
Senator Kennedy and thank in advance all the Senators who I think will 
vote for her.
  I thank the Chair.
  Mr. DASCHLE. Mr. President, I am glad we are finally going to 
consider President Clinton's nominee for Secretary of Labor, Alexis 
Herman. She deserves a swift confirmation by the United States Senate.
  Ms. Herman's contributions during her career in public service and in 
the private sector are truly impressive and make her uniquely qualified 
to serve as Secretary of Labor.
  Ms. Herman's commitment to bettering the working and living 
conditions of her fellow Americans began early in her life, with the 
support and encouragement of her family. Born in segregated Mobile, 
Alabama, Ms. Herman grew up in a family dedicated to the struggle for 
civil rights. Her father, a mortician, sued the Democratic Party to 
make it more inclusive and became one of Alabama's first black party 
officials.
  After graduating from Louisiana's Xavier University, Herman went back 
home to Mobile to help desegregate her Catholic high school. She also 
worked in Pascagoula, MS, the hometown of Senator Lott, helping 
unskilled workers get jobs in the shipyards.
  Ms. Herman came to Washington in 1977 to work in the Labor Department 
with Secretary Ray Marshall, where she headed the women's bureau. After 
working for Secretary Marshall, Ms. Herman entered the private sector, 
forming her own consulting firm to advise businesses on marketing and 
minority hiring.
  In 1988, Herman joined the Rev. Jesse Jackson's second presidential 
campaign, where she met Ron Brown.
  With Ron Brown, Ms. Herman worked on President Clinton's 1992 
campaign, and was chief executive officer of the Democrats' 1992 
convention in New York. After President Clinton was elected in 1992, 
she became head of the White House public liaison office.
  Alexis Herman combines graciousness with toughness in a way that 
allows her to bring diverse groups together and build consensus, 
promote understanding, and resolve conflicts. It is no surprise that, 
as they have gotten to know her, more and more individuals, and more 
and more organizations and institutions, have come to support her 
nomination. She has strong support from a broad political spectrum, 
including the business, labor, and civil rights communities, all of 
whom she has served during her impressive career.
  It is a testament to her success in building bridges between 
communities, helping working people, and remaining true to her 
principles that the people back home have not forgotten her. The 
Alabama Legislature passed a resolution urging her confirmation, and 
many Alabamians came to Washington for her hearing.
  Alexis Herman has demonstrated her abilities to serve as Labor 
Secretary

[[Page S3841]]

over the course of her impressive career. I look forward to working 
with her upon her confirmation, which, I trust, will be accomplished 
today.
  The PRESIDING OFFICER. Who yields time?
  Mr. JEFFORDS. Mr. President, how much time remains?
  The PRESIDING OFFICER. The Senator from Vermont has 1 minute 50 
seconds.
  Mr. JEFFORDS. Is there any time remaining on the minority side?
  The PRESIDING OFFICER. The Senator has 52 seconds.
  Mr. KENNEDY. Mr. President, I would like to use the last minute to 
thank a number of our staff. They have worked exceedingly hard during 
the course of this nomination. We are enormously grateful to them: Mark 
Childress, Jeff Huang, Brian Lee, Susan Green, Stephanie Williams, and 
Nick Littlefield. I know that Senator Jeffords will recognize his own 
staff, but we want to thank as well Mark Powden very much, and Scott 
Giles. They worked very closely with Todd Stern at the White House, and 
all of them deserve great thanks. They were of enormous help and 
assistance not only to Alexis Herman but to all the members of the 
committee, and we are grateful as always for their skill and their 
commitment to this institution.
  The PRESIDING OFFICER. The Chair recognizes the Senator from Vermont.
  Mr. JEFFORDS. Mr. President, I first of all want to thank the 
majority leader and majority whip for the expeditious way they have 
handled the resolution with respect to the Executive order. I know they 
dedicated the time necessary to make sure this got done as efficiently 
and as effectively as possible so we could move this nomination along.
  I also want to thank the members of my committee, especially the 
Senator from Massachusetts [Mr. Kennedy] for the way they controlled 
themselves and were able to, after a rather extensive amount of time 
required to fully review the nominee's record, bring this nomination 
before the body today. And of course, as Senator Kennedy mentioned, I 
cannot tell anyone how hard the staff worked on this particular 
nomination, probably harder than any other nomination at least in my 
memory, especially Ted Verheggen and Scott Giles of the majority as 
well as the minority staff, especially Mark Childress, whom Senator 
Kennedy mentioned. This took undue hours of committee staff time as 
well as members to review all of the material that was available.
  I am pleased now that we have brought this to a conclusion. I would 
point out that the Labor Committee was unanimous in its vote with 
respect to nominee, and I urge all Members to support a woman who I 
know will bring real credit to the office of the Secretary of Labor.
  Mr. President, I yield back the remainder of time and ask for the 
yeas and nays on the nomination.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Alexis M. Herman to be Secretary of Labor. 
On this question the yeas and nays have been ordered, and the clerk 
will call the roll.
  The bill clerk called the roll.
  Mr. FORD. I announce that the Senator from Hawaii [Mr. Inouye] and 
the Senator from New York [Mr. Moynihan] are necessarily absent.
  I further announce that, if present and voting, the Senator from New 
York [Mr. Moynihan] would vote ``aye''.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
who desire to vote?
  The result was announced, yeas 85, nays 13, as follows:

                       [Rollcall Vote No. 54 Ex.]

                                YEAS--85

     Abraham
     Akaka
     Ashcroft
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bumpers
     Burns
     Byrd
     Chafee
     Cleland
     Coats
     Cochran
     Collins
     Conrad
     Coverdell
     D'Amato
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Grams
     Grassley
     Gregg
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Jeffords
     Johnson
     Kempthorne
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Mack
     McCain
     McConnell
     Mikulski
     Moseley-Braun
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Sessions
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                                NAYS--13

     Allard
     Campbell
     Craig
     Faircloth
     Gramm
     Hagel
     Helms
     Inhofe
     Lugar
     Roberts
     Smith (NH)
     Thomas
     Thompson

                             NOT VOTING--2

     Inouye
     Moynihan
       
  The nomination was confirmed.
  Mr. JEFFORDS. Mr. President, I move to reconsider the vote by which 
the nomination was confirmed.
  Mr. KENNEDY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. KENNEDY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, I am delighted that this unconscionable 
delay has ended and Alexis Herman has, at long last, been confirmed as 
Secretary of Labor. It was a mistake for the Republican leadership to 
hold her nomination hostage on a separate labor issue.
  The compromise on that issue is entirely satisfactory. President 
Clinton gave up nothing substantial. Project labor agreements will be 
considered and given important new emphasis by all Federal agencies on 
appropriate Federal construction projects.
  I look forward to working closely with Secretary Herman on the wide 
range of issues important to working families and communities across 
America.
  The big winners today are these working families. Alexis Herman will 
do an excellent job speaking for them.

                          ____________________