[Congressional Record Volume 143, Number 142 (Tuesday, October 21, 1997)]
[Senate]
[Pages S10905-S10906]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE CALENDAR
Mr. LOTT. Mr. President, I ask unanimous consent that the Senate
immediately proceed to executive session to consider the following
nominations on the Executive Calendar: Nos. 269, 270, 287, 308, 309,
310, 314, 317, 321, 322, 325, and 330. I further ask unanimous consent
that the nominations be confirmed, the motions to reconsider be laid
upon the table, and any statements relating to the nominations appear
at this point in the Record, the President be immediately notified of
the Senate's action, and the Senate immediately 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 state
Brian Dean Curran, of Florida, a Career Member of the
Senior Foreign Service, Class of Counselor, to be Ambassador
Extraordinary and Plenipotentiary of the United States of
America to the Republic of Mozambique.
Timberlake Foster, of California, a Career Member of the
Senior Foreign Service, Class of Counselor, to be Ambassador
Extraordinary and Plenipotentiary of the United States of
America to the Islamic Republic of Mauritania.
Thomas M. Foglietta, of Pennsylvania, to be Ambassador
Extraordinary and Plenipotentiary of the United States of
America to Italy.
securities and exchange commission
Paul R. Carey, of New York, to be a Member of the
Securities and Exchange Commission for the term expiring June
5, 2002.
Laura S. Unger, of New York, to be a Member of the
Securities and Exchange Commission for the term expiring June
5, 2001.
NATIONAL TRANSPORTATION SAFETY BOARD
George W. Black Jr., of Georgia, to be a Member of the
National Transportation Safety Board for a term expiring
December 31, 2001. (Reappointment)
national transportation safety board
John Arthur Hammerschmidt, of Arkansas, to be a Member of
the National Transportation Safety Board for a term expiring
December 31, 2000.
national transportation safety board
James E. Hall, of Tennessee, to be a Member of the National
Transportation Safety Board for a term expiring December 31,
2002.
department of state
Alphonse F. La Porta, of New York, a Career Member of the
Senior Foreign Service, Class of Minister-Counselor, to be
Ambassador Extraordinary and Plenipotentiary of the United
States of America to Mongolia.
Stephen W. Bosworth, of Connecticut, to be Ambassador
Extraordinary and Plenipotentiary of the United States of
America to the Republic of Korea.
the judiciary
Richard Conway Casey, of New York, to be United States
District Judge for the Southern District of New York vice
Charles S. Haight, Jr., retired.
the judiciary
Dale A Kimball, of Utah, to be United States District Judge
for the District of Utah vice David K. Winder, retired.
STATEMENT ON NOMINATIONS OF DALE A. KIMBALL TO BE U.S. DISTRICT JUDGE
FOR THE DISTRICT OF UTAH AND RICHARD C. CASEY TO BE U.S. DISTRICT JUDGE
FOR THE SOUTHERN DISTRICT OF NEW YORK
Mr. LEAHY. Mr. President, I am delighted that the Senate majority
leader has decided to take up the nomination of Dale A. Kimball to be a
U.S. district judge for the District of Utah. Mr. Kimball has been
engaged in the private practice of law for 30 years and is currently
the senior partner in the Salt Lake City law firm, Kimball, Parr,
Waddoups, Brown & Gee. The ABA unanimously found him to be well-
qualified for this appointment.
We received Mr. Kimball's nomination on September 5, 1997. He
participated in a confirmation hearing on September 30 and was
unanimously reported by the committee on October 9. Now, less than 7
weeks after receiving his nomination, the Senate has confirmed this
nominee. Had the Senate not taken a recess last week, I suspect this
nominee would have been confirmed in less than 6 weeks. Nonetheless, 7
weeks is a good benchmark against which to consider our progress on
other judicial nominations.
I congratulate Mr. Kimball and his family and look forward to his
service on the U.S. district court.
I also congratulate Richard C. Casey on his confirmation as a
district judge for the Southern District of New York. Mr. Casey is both
an accomplished legal practitioner and a true inspiration. He has been
associated with, and a partner of the law firm of Brown & Wood in New
York City since 1964. Remarkably, he has been practicing law without
his eyesight since the early 1980's--a congenital disease stripped him
of his ability to see. Dedicated to serving the blind community of New
York City, Mr. Casey is a member of the board of directors for
organizations such as Guiding Eyes for the Blind, Catholic Guild for
the Blind, and Ski for Light.
I congratulate Mr. Casey and his family and anticipate his
outstanding service on the U.S. Federal Court.
We have experienced 115 judicial vacancies over the course of this
year. These are only the 20th and 21st nominees that the Senate has
confirmed. More than 50 additional nominees remain pending in committee
and before the Senate. The Senate is not even keeping pace with
attrition for since the adjournment of Congress last year, judicial
vacancies have increased by almost 50 percent.
Another of the well-qualified nominees who has been delayed far too
long is Margaret Morrow. Her nomination has been pending before the
Senate for over 16 months. Last year this nomination was unanimously
reported by the Judiciary Committee and was left to wither without
action for over 3 months. This year, the committee again reported the
nomination favorably and it has been pending for another 4 months.
There has been no explanation for this delay and no justification. This
good woman does not deserve this shameful treatment.
Senator Hatch noted in his recent statement on September 29 that he
will continue to support the nomination of Margaret Morrow and that he
will vote for her. He said: ``I have found her to be qualified and I
will support her. Undoubtedly, there will be some who will not, but she
deserved to have her vote on the floor. I have been assured by the
majority leader that she will have her vote on the floor. I intend to
argue for and on her behalf.''
I have looked forward to that debate since June 12 when she was
favorably reported to the Senate for a second time. This is a
nomination that has been pending for far too long and that has been
stalled here on the floor twice over 2 years without justification.
Meanwhile, the people served by the district court for the Central
District of California continue to suffer the effects of this
persistent vacancy--cases are not heard, criminal cases are not being
tried. This is one of the many vacancies that have persisted for so
long that they are classified as judicial emergency vacancies by the
Administrative Office of the United States Courts. There are four
vacancies in the court for Los Angeles and the Central District of
California. Nominees have been favorably reported by the Judiciary
Committee for both of the judicial emergency vacancies in this district
but both Margaret Morrow and Christina Snyder have been stalled on the
Senate calendar.
This is a district court with over 300 cases that have been pending
for longer than 3 years and in which the time for disposing of criminal
felony cases and the number of cases filed increased over the last
year. Judges in this district handle approximately 400 cases a year,
including somewhere between 40 and 50 criminal felony cases. Still
these judicial vacancies are being perpetuated without basis or cause
by a Republican leadership that refuses to vote on these well-qualified
nominees.
I am told that last week a Republican Senator announced at a speech
before a policy institute that he has a hold on the Morrow nomination.
The Senator's press release stated that he had placed a hold on
Margaret Morrow's nomination because he wants to ``be able to debate
the nomination and seek a recorded vote.'' I too want to debate the
nomination of Margaret Morrow and have been seeking Senate
consideration of this outstanding nominee for many months. After being
on the Senate calendar for a total of 7 months, this nomination has
been delayed too long.
I believe all would agree that it is time for the full Senate to
debate this
[[Page S10906]]
nomination and vote on it. I have inquired about a time agreement but
gotten no response. Now that an opponent has finally come forward to
identify himself, I look forward to a prompt debate and a vote on this
nomination in accordance with the apparent commitment of the majority
leader. I look forward to that debate. I ask again, as I have done
repeatedly over the last several months, why not now, why not today,
why not this week?
I again urge the majority leader to call up the nomination of
Margaret Morrow for a vote. She has suffered enough. The people of the
Central District of California have been denied this outstanding jurist
for long enough. The chairman of the Judiciary Committee said last
month that he had the assurance of the majority leader that she will be
called up for a vote but neither has said when that will be. I hope
that the majority leader will proceed to the consideration of this
nomination and that he will support Margaret Morrow to be a district
court judge for the Central District of California.
STATEMENT ON THE NOMINATION OF PAUL R. CAREY TO BE A COMMISSIONER OF
THE SECURITIES AND EXCHANGE COMMISSION
Mr. MOYNIHAN. Mr. President, I rise in emphatic support of the
nomination of Paul R. Carey of New York to be a commissioner of the
Securities and Exchange Commission. Mr. Carey, who has served since
1993 as special assistant to President Clinton, is an inspired public
servant who is exceptionally well qualified for this position.
I have known Paul Carey, boy and man. He was born in Brooklyn, the
borough of churches. And indeed it was in a sort of church that we
first met. It was in the summer of 1977. I was a newly serving Senator
and Paul's father was New York's Governor. It was through Hugh Carey's
heroic efforts that New York City was saved from bankruptcy. As I have
often said elsewhere, Hugh Carey was New York's greatest Governor since
Al Smith. Paul's father and I had gathered, along with several hundred
others at Siena College, to be present at the induction of Howard
Hubbard to serve as the bishop of the Diocese of Albany. Paul
accompanied his father that day. He was still in grade school but he
was attentive throughout and his firm handshake alone identified him as
his father's son. We became friends and I shared his family's pride as
he progressed through high school, graduated from Colgate University,
and entered the world of business and finance.
But I think he was always interested in public service. In 1991 he
chanced upon my wife Liz in the Albany train station and said as much.
He joined the Clinton administration at the first. And he has just
shone. Paul has exemplified what Alexander Hamilton called Energy in
the Executive. No bill has been too complex to yield to his
explanation. Few Senators are able to withstand his persuasive powers.
He has seen the President's program through. Paul has proved his worth
and his talents have not escaped the President's notice.
If I may say Mr. President, Paul's time in the White House will serve
him well at the SEC. For despite being an independent agency, the
Commission is withal a part of the national government. As such, it is
useful to have a Commissioner who knows intimately the workings of the
legislative and executive branches. Government has been called the art
of the possible. Paul has over these last years learned what is
possible and what is not. As the Commission confronts a world made more
complex by technology and the globalization of finance, proposals will
be made for regulations and laws of great sweep and broad scope. Having
a Commissioner who knows what can be done as well as what should be
done will allow the Commission to better serve us all.
Mr. President, I do not believe there is any representative of the
administration who enjoys a higher degree of respect on Capitol Hill
than Paul Carey, as was demonstrated by the unanimous vote in favor of
Paul's nomination by the Senate Banking Committee, and by the
enthusiastic support of its chairman. Senator D'Amato.
Mr. President, I urge the Senate to follow suit and confirm the
nomination of Paul Carey by a unanimous vote.
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