[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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