[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Pages S12962-S12965]
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 now
go into executive session and that the Senate proceed, en bloc, to the
following nominations on the executive calendar: Nos. 597, 718, 733,
734, 735, 738, 783, 784, 785, 786, 787, 793, 797, 798, 799, 800, 801,
802, 805, 806, 807, 809, 811, 812, 813, 814, 815, 818, 819, 820, 821,
822, 823, 851, 852, 854, 855, 857, 861, 862, 865, 866, 867, 869, 870,
871, 886, 887, 888, 889, 890, 891, 892, 893, 895, 896, 897, 898, 899,
900, 901 through 914, 916 through 926.
The PRESIDING OFFICER. Without objection, it is so ordered.
The nominations considered en bloc are as follows:
state justice institute
Arthur A. McGiverin, of Iowa, to be a Member of the Board
of Directors of the State Justice Institute for a term
expiring September 17, 2000.
the judiciary
Jose de Jesus Rivera, of Arizona, to be United States
Attorney for the District of Arizona for the term of four
years.
department of state
Bert T. Edwards, of Maryland, to be Chief Financial
Officer, Department of State.
David G. Carpenter, of Virginia, to be an Assistant
Secretary of State.
David G. Carpenter, of Virginia, to be Director of the
Office of Foreign Missions, and to have the rank of
Ambassador during his tenure of service.
Mary Beth West, of the District of Columbia, a Career
Member of the Senior Executive Service, for the rank of
Ambassador during her tenure of service as Deputy Assistant
Secretary of State for Oceans, Fisheries, and Space.
executive office of the president
Rebecca M. Blank, of Illinois, to be a Member of the
Council of Economic Advisers.
the judiciary
Rebecca R. Pallmeyer, of Illinois, to be United States
District Judge for the Northern District of Illinois.
Nora M. Manella, of California, to be United States
District Judge for the Central District of California.
Jeanne E. Scott, of Illinois, to be United States District
Judge for the Central District of Illinois.
David R. Herndon, of Illinois, to be United States District
Judge for the Southern District of Illinois.
environmental protection agency
Nikki Rush Tinsely, of Maryland, to be Inspector General,
Environmental Protection Agency.
the judiciary
Alvin K. Hellerstein, of New York, to be United States
District Judge for the Southern District of New York.
Richard M. Berman, of New York, to be United States
District Judge for the Southern District of New York.
Donovan W. Frank, of Minnesota, to be United States
District Judge for the District of Minnesota.
Colleen McMahon, of New York, to be United States District
Judge for the Southern District of New York.
William H. Pauley III, of New York, to be United States
District Judge for the Southern District of New York.
Thomas J. Whelan, of California, to be United States
District Judge for the Southern District of California.
department of justice
Robert Bruce Green, of Oklahoma, to be United States
Attorney for the Eastern District of Oklahoma for the term of
four years.
Scott Richard Lassar, of Illinois, to be United States
Attorney for the Northern District of Illinois for the term
of four years.
James A. Tassone, of Florida, to be United States Marshal
for the Southern District of Florida for the term of four
years.
department of labor
Henry L. Solano, of Colorado, to be Solicitor of the
Department of Labor.
occupational safety and health review commission
Thomasina V. Rogers, of Maryland, to be a Member of the
Occupational Safety and Health Review Commission for a term
expiring April 27, 2003, vice Velma Montoya, term expired.
harry s truman scholarship foundation
Joseph E. Stevens, Jr., of Missouri, to be a Member of the
Board of Trustees of the Harry S Truman Scholarship
foundation for a term expiring December 10, 2003.
(Reappointment)
equal employment opportunity commission
Paul M. Igasaki, of California, to be a Member of the Equal
Employment Opportunity Commission for a term expiring July 1,
2002, (Reappointment), to which position he was appointed
during the last recess of the Senate.
Ida L. Catro, of New York, to be a Member of the Equal
Employment Opportunity Commission for a term expiring July 1,
2003.
Paul Steven Miller, of California, to be a Member of the
Equal Employment Opportunity Commission for the remainder of
the term expiring July 1, 1999.
environmental protection agency
Romulo L. Diaz, Jr., of the District of Columbia, to be an
Assistant Administrator of the Environmental Protection
Agency.
J. Charles Fox, of Maryland, to be an Assistant
Administrator of the Environmental Protection Agency.
Norine E. Noonan, of Florida, to be an Assistant
Administrator of the Environmental Protection Agency.
morris k. udall sch. & excellence in natl env. policy foundation
Terrence L. Bracy, of Virginia, to be a Member of the Board
of Trustees of the Morris K. Udall Scholarship and Excellence
in National Environmental Policy for a term expiring October
6, 2004. (Reappointment)
department of the interior
Charles G. Groat, of Texas, to be Director of the United
States Geological Survey.
department of defense
Bernard Daniel Rostker, of Virginia, to be Under Secretary
of the Arm.
THE JUDICIARY
Patricia A. Broderick, of the District of Columbia, to be
an Associate Judge of the Superior Court of the District of
Columbia for the term of fifteen years.
DEPARTMENT OF COMMERCE
Kenneth Prewitt, of New York, to be Director of the Census.
THE JUDICIARY
Natalia Combs Greene, of the District of Columbia, to be an
Associate Judge of the Superior Court of the District of
Columbia for the term of fifteen years.
Neal E. Kravitz, of the District of Columbia, to be an
Associate Judge of the Superior Court of the District of
Columbia for the term of fifteen years.
FARM CREDIT ADMINISTRATION
Michael M. Reyna, of California, to be a Member of the Farm
Credit Administration Board, Farm Credit Administration, for
a term expiring May 21, 2004.
DEPARTMENT OF TRANSPORTATION
Eugene A. Conti, Jr., of Maryland, to be an Assistant
Secretary of Transportation.
Peter J. Basso, Jr., of Maryland, to be an Assistant
Secretary of Transportation.
NUCLEAR REGULATORY COMMISSION
Greta Joy Dicus, of Arkansas, to be a Member of the Nuclear
Regulatory Commission for the term of five years expiring
June 30, 2003. (Reappointment)
Jeffrey S. Merrifield, of New Hampshire, to be a Member of
the Nuclear Regulatory Commission for the term expiring June
30, 2002.
DEPARTMENT OF ENERGY
David Michaels, of New York, to be an Assistant Secretary
of Energy (Environment, Safety and Health).
department of veterans affairs
Eligah Dane Clark, of Alabama, to be Chairman of the Board
of Veterans' Appeals for a term of six years.
Edward A. Powell, Jr., of Virginia, to be an Assistant
Secretary of Veterans Affairs (Management).
Leigh A. Bradley, of Virginia, to be General Counsel,
Department of Veterans Affairs.
the judiciary
Lawrence Baskir, of Maryland, to be a Judge of the United
States Court of Federal Claims for a term of fifteen years.
Robert S. Lasnik, of Washington, to be a United States
District Judge for the Western District of Washington.
Yvette Kane, of Pennsylvania, to be United States District
Judge for the Middle District of Pennsylvania.
James M. Munley, of Pennsylvania, to be United States
District Judge for the Middle District of Pennsylvania.
Lynn Jeanne Bush, of the District of Columbia, to be a
Judge of the United States Court of Federal Claims for a term
of fifteen years.
David O. Carter, of California, to be United States
District Judge for the Central District of California.
Francis M. Allegra, of Virginia, to be Judge of the United
States Court of Federal Claims for a term of fifteen years.
Margaret B. Seymour, of South Carolina, to be United States
District Judge for the District of South Carolina.
Aleta A. Trauger, of Tennessee, to be United States
District Judge for the Middle District of Tennessee.
[[Page S12963]]
Alex R. Munson, of the Northern Mariana Islands, to be
Judge for the District Court for the Northern Mariana Islands
for a term of ten years (Reappointment)
Edward J. Damich, of Virginia, to be Judge of the United
States Court of Federal Claims for a term of fifteen years.
Nancy B. Firestone, of Virginia, to be a Judge of the
United States Court of Federal Claims for a term of fifteen
years.
Emily Clark Hewitt, of Massachusetts, to be a Judge of the
United States Court of Federal Claims for a term of fifteen
years.
Norman A. Mordue, of New York, to be United States District
Judge for the Northern District of New York.
department of justice
Donnie R. Marshall, of Texas, to be Deputy Administrator of
Drug Enforcement.
Harry Litman, of Pennsylvania, to be United States Attorney
for the Western District of Pennsylvania for the term of four
years.
Denise E. O'Donnell, of New York, to be United States
Attorney for the Western District of New York for the term of
four years.
Margaret Ellen Curran, of Rhode Island, to be United States
Attorney for the District of Rhode Island for the term of
four years.
Byron Todd Jones, of Minnesota, to be United States
Attorney for the District of Minnesota for the term of four
years.
environmental protection agency
Robert W. Perciasepe, of Maryland, to be an Assistant
Administrator of the Environmental Protection Agency.
(Reappointment)
mississippi river commission
William Clifford Smith, of Louisiana, to be a Member of the
Mississippi River Commission for a term expiring October 21,
2005.
chemical safety and hazard investigation board
Isadore Rosenthal, of Pennsylvania, to be a Member of the
Chemical Safety and Hazard Investigation Board for a term of
five years. (New Position)
Andrea Kidd Taylor, of Michigan, to be a Member of the
Chemical Safety and Hazard Investigation Board for a term of
five years. (New Position)
department of housing and urban development
Ira G. Peppercorn, of Indiana, to be Director of the Office
of Multifamily Housing Assistance Restructuring. (New
Position)
William C. Apgar, Jr., of Massachusetts, to be an Assistant
Secretary of Housing and Urban Development.
Saul N. Ramirez, Jr., of Texas, to be Deputy Secretary of
Housing and Urban Development.
Cardell Cooper, of New Jersey, to be an Assistant Secretary
of Housing and Urban Development.
Harold Lucas, of New Jersey, to be an Assistant Secretary
of Housing and Urban Development.
department of health and human services
Patricia T. Montoya, of New Mexico, to be Commissioner on
Children, Youth, and Families, Department of Health and Human
Services.
department of the treasury
David C. Williams, of Maryland, to be Inspector General,
Department of the Treasury.
executive office of the president
Sylvia M. Mathews, of West Virginia, to be Deputy Director
of the Office of Management and Budget.
department of energy
Gregory H. Friedman, of Colorado, to be Inspector General
of the Department of Energy.
office of personnel management
John U. Sepulveda, of New York, to be Deputy Director of
the Office of Personnel Management.
federal labor relations authority
Joseph Swerdzewski, of Colorado, to be General Counsel of
the Federal Labor Relations Authority for a term of five
years. (Reappointment)
department of the interior
Eljay B. Bowron, of Michigan, to be Inspector General,
Department of the Interior.
postal rate commission
Dana Bruce Covington, Sr., of Mississippi, to be a
Commissioner of the Postal Rate Commission for a term
expiring October 14, 2004.
Edward Jay Gleiman, of Maryland, to be a Commissioner of
the Postal Rate Commission for a term expiring October 14,
2004.
general accounting office
David M. Walker, of Georgia, to be Comptroller General of
the United States for a term of fifteen years.
inst. of american indian & alaska native culture & arts dev.
D. Bambi Kraus, of the District of Columbia, to be a Member
of the Board of Trustees of the Institute of American Indian
and Alaska Native Culture and Arts Development for a term
expiring May 19, 2004.
judicial nominations
Mr. HATCH. Mr. President, this Congress has taken steps to
significantly reduce the Federal judicial vacancy rate to its lowest
level in almost a decade. As Chairman of the Judiciary Committee, I am
proud to boast about some of the successes that have been achieved this
Congress by the Committee and Republican Senate. I also feel compelled
to set the record straight that the Committee and Republican Senate
this Congress have been dedicated and productive.
One could speculate that if the Democrats controlled the Senate, more
Clinton nominees would have been confirmed. But then again, maybe not.
This Congress, the Committee held hearings for 111 out of 127 judicial
nominees. Of the 16 nominees that did not have hearings, 3 withdrew
from consideration. The Committee held 23 judicial, and an additional 8
non-judicial, nominations hearings for a total of 31 nominations
hearings. In all, this Congress the Republican Senate confirmed 101
judicial nominees, which is well above the average confirmed over the
last five Congresses, which is 96. Indeed, notwithstanding the rhetoric
we often heard from the other side of the aisle, according to the
Alliance for Justice, a liberal judicial watch group, almost 50% of the
judges confirmed by the Republican Senate have been women and/or
members of a minority group.
The Republican Senate, by working in a fair and orderly manner, also
reduced the vacancy rate of the Federal Judiciary to 5.9%--the lowest
vacancy rate since the Judiciary was expanded in 1990. While
considering this rate, keep in mind two things: first, that the Clinton
Administration is on record as having stated that a vacancy rate just
over 7% is virtual full-employment of the judiciary, and second, that
the Clinton Administration did not get around to nominating anyone for
29 of the 50 vacant judgeships. To put it another way, this
Administration failed to nominate anyone for almost 60% of the current
judicial vacancies. Thus, the Republican Senate would have been
precluded from filling every single judicial vacancy because it cannot
confirm judges whose nominations it has not received.
The accusation that the Republican Senate delays consideration of
certain nominees is simply a ploy to divert attention away from the
fact that qualified, non-controversial nominees, which constitutes the
overwhelming majority of nominees, were confirmed promptly, usually by
unanimous consent. Indeed, one need go no further than the high number
of Clinton Administration nominees that were confirmed by this year's
Republican Senate to determine whether their motives were anything but
altruistic.
Yes, there were some controversial nominees that did not move, and in
fact, some of these nominees were forced to withdraw. But the
confirmation process is not a numbers game, and I will not compromise
the Senate's advice and consent function simply because the White House
has sent us nominees that are either not qualified or controversial.
There are a range of factors which make a nominee controversial or
difficult to confirm, such as lack of experience or questionable
information contained in materials not in the public domain or in their
past records that may be at variance with the proper role of judges in
society. But I assure you that gender, ethnicity, and race are not
included in the determination.
For me, the touchstones in evaluating the qualifications of a nominee
are whether they are committed to upholding the rule of law and
properly understand the limitations of the judicial role. The Senate
has an obligation to the American people to review thoroughly the
records of the nominees it receives to ensure that they are capable and
qualified to serve as Federal judges and will not spend a lifetime
career rendering politically motivated decisions. I would not, in good
conscience, vote for the confirmation of any nominee whom I believed
would abdicate his or her duty to interpret and enforce, and instead
make, the laws of this Nation.
As Committee Chairman, I take my role in the confirmation of judges
very seriously, and would not allow irrelevant criteria to be analyzed
in determining a nominee's fitness to sit on the Federal bench,
practically speaking, for what amounts to life tenure. As a Senator, I
take my role of advice and consent equally as serious and would not
tolerate the disingenuous consideration of any nominee.
The demagogues and naysayers can continue to impugn the purported
secret motives of the Republicans and
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continue to malign those who exercise their Constitutional duty to
thoroughly evaluate and review the complete record and background of
each nominee before casting a vote in favor or in opposition thereto.
And the Republican Senate will continue to plow ahead in the next
Congress honorably and fairly discharging its Constitutional duties
without wavering. However, I could not leave this Congress without
congratulating my fellow Republican Senators, Senator Lott in
particular, for all of their hard work and accomplishments in what, at
times, has been a contentious atmosphere. Senator Lott has done his
best and has acted in a fair and principled manner in processing these
nominees. He is to be commended.
Mr. LEAHY. Mr. President, as the Senate concludes this second session
of the 105th Congress, I want to take a moment to thank Senator Hatch,
the Chairman of the Senate Judiciary Committee, for working with us to
confirm judges desperately needed around the country. He pressed
forward with three confirmation hearings in October, which resulted in
sending another nine judicial nominees to the Senate calendar. He
supported each of the nominees confirmed by the Senate this year and
worked hard to clear judicial nominees reported by the Committee for
action by the Senate. I also thank the Majority Leader for proceeding
to consider the judicial nominations confirmed in these last days of
the session.
For the year, the Senate confirmed 65 federal judges to the District
Courts and Courts of Appeals around the country and to the Court of
International Trade. In addition, we confirmed a number of judges to
the United States Court of Claims and to the court for the Northern
Mariana Islands.
Senator Hatch is fond of saying that the Senate could do better. I
agree with him and hope that we will continue to do better next year. I
began this year challenging the Senate to maintain that pace it
established in the last nine months of last year. Had we done so, we
could have confirmed 90 judges. Instead, the Senate has acted to
confirm only 65 of the 91 nominations received for the 115 vacancies
the federal judiciary experienced this year.
Together with the 36 judges confirmed last year, the total number of
article III federal judges confirmed during this Congress to a 2-year
total of 101--the same total that was confirmed in one year when
Democrats made up the majority of the Senate in 1994. The 104th
Congress (1995-96) resulted in a 2-year total of only 75 judges being
confirmed. By way of contrast, I note that during the last two years of
the Bush Administration, even including the presidential election year
of 1992, a Democratic Senate confirmed 124 federal judges.
Meanwhile 50 judicial vacancies remain. This is one of the largest
number of vacancies left unfilled at the end of a Congress. In 1983
vacancies numbered only 16. Even after the creation of 85 new
judgeships in 1984, the number of vacancies had been reduced to only 33
by the end of the 99th Congress in 1986. At the end of the 100th
Congress in 1988, which had a Democratic majority and a Republican
president, judicial vacancies numbered only 23. In 1996 the Republican
Senate adjourned leaving 64 judicial vacancies. This year the Senate is
adjourning leaving 50 judicial vacancies and the number is likely to
increase during the recess.
Moreover, the Republican Congress has refused to consider the
authorization of the additional judges needed by the federal judiciary
to deal with their ever increasing workload. In 1984 and in 1990,
Congress did respond to requests for needed judicial resources by the
Judicial Conference. Indeed, in 1990, a Democratic majority in the
Congress created judgeships during a Republican presidential
administration. Last year the Judicial Conference of the United States
requested that an additional 53 judgeships be authorized around the
country. If Congress had passed the Federal Judgeship Act of 1997,
S.678, as it should have, the federal judiciary would have 103
vacancies today. That is the more accurate measure of the needs of the
federal judiciary that have been ignored by the Congress over the past
several years.
In order to understand why a judicial vacancy crisis is plaguing so
many federal courts, we need only recall how unproductive the
Republican Senate has been over the last three years. More and more of
the vacancies are judicial emergencies that have been left vacant for
longer periods of time. The President has sent the Senate qualified
nominees for 23 of the current judicial emergency vacancies, 15 of
those nominations that are still pending as the Senate prepares to
adjourn.
In his 1997 Year-End Report, Chief Justice Rehnquist focussed on the
problem of ``too few judges and too much work.'' He noted the vacancy
crisis and the persistence of scores of judicial emergency vacancies
and observed: ``Some current nominees have been waiting a considerable
time for a Senate Judiciary Committee vote or a final floor vote.'' He
went on to note: ``The Senate is surely under no obligation to confirm
any particular nominee, but after the necessary time for inquiry it
should vote him up or vote him down.''
During the entire 4 years of the Bush administration there were only
three judicial nominations that were pending before the Senate for as
long as 9 months before being confirmed and none took as long as a
year. In 1997 alone there were 10 judicial nominations that took more
than 9 months before a final favorably vote and 9 of those 10 extended
over a year to a year and one-half. Of the judges confirmed this year,
Professor Fletcher's confirmation took 41 months--the longest-pending
judicial nomination in the history of the United States--Hilda Tagle's
confirmation took 32 months, Susan Oki Mollway's confirmation took 30
months, Ann Aiken's confirmation took 26 months, Margaret McKeown's
confirmation took 24 months, Margaret Morrow's confirmation took 21
months, Judge Sonia Sotomayor's confirmation took 15 months, Rebecca
Pallmeyer's confirmation took 14 months, Dan Polster's confirmation
took 12 months, and Victoria Roberts' confirmation took 11 months.
I calculate that the average number of days for those few lucky
nominees who are finally confirmed is continuing to escalate. In 1996,
the Republican Senate shattered the record for the average number of
days from nomination to confirmation for judicial confirmation. The
average rose to a record 183 days. Last year, the average number of
days from nomination to confirmation rose dramatically yet again, and
that was during the first year of a presidential term. From initial
nomination to confirmation, the average time it took for Senate action
on the 36 judges confirmed in 1997 broke the 200-day barrier for the
first time in our history. It was 212 days. Unfortunately, that time is
still growing and the average is still rising to the detriment of the
administration of justice. This year the Senate will break last year's
record. The average time from nomination to confirmation for the 65
judges confirmed this year was over 230 days.
In addition, nominations are being forced to sit on the Senate
Executive Calendar for longer and longer periods of time. Unlike
earlier days in the Senate when nominees were not made to wait for
weeks and months on the Senate calendar before they could be
considered, that is now becoming the rule. Margaret Morrow, Sonia
Sotomayor, Richard Paez, Ronnie White, Patrick Murphy and Michael
McCuskey each spent more than four months on the Senate Executive
Calendar awaiting action.
Further, this Congress is concluding with four judicial nominations
that have been favorably reported by the Judiciary Committee still
pending on the Senate Executive Calendar. Two were reported without
objection by unanimous consent. I do not know why Justice Ronnie L.
White and Judge William J. Hibbler, two outstanding African-American
nominees are being held on the Senate calendar without a vote. I regret
that the Majority Leader was unable to call up for a vote the
nomination of Judge Richard Paez to the Ninth Circuit or the nomination
of Timothy Dyk to the Federal Circuit.
Most Congresses end without any judicial nominations left on the
Senate Executive Calendar. Indeed the 99th, 101st, 102nd, and 103rd
Congresses all ended without a single judicial nomination left on the
Senate calendar. The Democratic Senate majority in the two Congresses
of the Bush Administration ended both those Congresses, the 101st and
102nd, without a single judicial
[[Page S12965]]
nomination on the calendar. By contrast, the Republican Senate majority
in the last Congress, the 104th, left an unprecedented seven judicial
nominations on the Senate Executive Calendar at adjournment without
Senate action. The 105th Congress is concluding with four qualified
judicial nominees being denied action by the Senate.
At each step of the process, judicial nominations are being delayed
and stalled. Judge Richard Paez, Justice Ronnie L. White, Judge William
J. Hibbler and Timothy Dyk are being denied consideration by the
Senate. Marsha Berzon, Anabelle Rodriquez, Clarence Sundram, and
Matthew Kennelly were each denied a vote before the Judiciary Committee
following a hearing. Judge James A. Beatty, Jr., Helene N. White, Jorge
C. Rangel, Ronald M. Gould, Robert S. Raymar, Barry P. Goode, among a
total of 13 judicial nominees, end this Congress without ever having
received a hearing before the Judiciary Committee.
At the conclusion of the debate on the nomination of Merrick Garland
to the United States Court of Appeals for the District of Columbia, as
23 Republicans were preparing to vote against that exceptionally well-
qualified nominee whose confirmation had been delayed 18 months,
Senator Hatch said ``playing politics with judges is unfair, and I am
sick of it.'' I agree with him. I look forward to a return to the days
when judicial nominations are treated with the respect and attention
that they deserve.