[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Senate]
[Pages S15062-S15064]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE CALENDAR

  Mr. LOTT. Mr. President, we have cleared a number of nominations on 
the Executive Calendar. I ask unanimous consent that the Senate 
immediately proceed to executive session to consider the following 
nominations on the Executive Calendar: Nos. 228, 273, 292, 326, 327, 
329, 331, 332, 333, 366, 377, 394, 404, 405, 406, and all nominations 
in the Coast Guard on the Secretary's desk.
  I further ask consent that the HELP Committee be discharged from 
further consideration of the following nominations, and the Senate 
proceed to their consideration, en bloc: Magdalena Jacobsen, Francis 
Duggan, Ernest DuBester, and John Truesdale.
  I further ask consent that the nominations be confirmed, the motions 
to reconsider be laid upon the table, any statements relating to the 
nominations be printed in the Record, the President be immediately 
notified of the Senate's action, and the Senate then return to 
legislative session, and that the Senator from Vermont be notified that 
Judge Linn is in this list for confirmation.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                          department of energy

       Ivan Itkin, of Pennsylvania, to be Director of the Office 
     of Civilian Radioactive Waste Management, Department of 
     Energy.


                       department of the treasury

       Neal S. Wolin, of Illinois, to be General Counsel for the 
     Department of the Treasury.


                             the judiciary

       Richard Linn, of Virginia, to be United States Circuit 
     Judge for the Federal Circuit.


                    united states institute of peace

       Stephen Hadley, of the District of Columbia, to be a Member 
     of the Board of Directors of the United States Institute of 
     Peace for a term expiring January 19, 2003.
       Zalmay Khalilzad, of Maryland, to be a Member of the Board 
     of Directors of the United States Institute of Peace for a 
     term expiring January 19, 2001.

[[Page S15063]]

                equal employment opportunity commission

       Paul Steven Miller, of California, to be a Member of the 
     Equal Employment Opportunity Commission for a term expiring 
     July 1, 2004. (Reappointment)


                          department of labor

       Irasema Garza, of Maryland, to be Director of the Women's 
     Bureau, Department of Labor.
       T. Michael Kerr, of the District of Columbia, to be 
     Administrator of the Wage and Hour Division, Department of 
     Labor.


             corporation for national and community service

       Anthony Musick, of Virginia, to be Chief Financial Officer, 
     Corporation for National and Community Service.


                          department of state

       Alan Phillip Larson, of Iowa, to be Under Secretary of 
     State (Economic, Business and Agricultural Affairs.


           united states agency for international development

       Joseph R. Crapa, of Virginia, to be an Assistant 
     Administrator of the United States Agency for International 
     Development.


              department of housing and urban development

       Susan M. Wachter, of Pennsylvania, to be an Assistant 
     Secretary of Housing and Urban Development.


                         department of commerce

       Linda J. Bilmes, of California, to be an Assistant 
     Secretary of Commerce.
       Linda J. Bilmes, of California, to be Chief Financial 
     Officer, Department of Commerce.


              united states international trade commission

       Deanna Tanner Okun, of Idaho, to be a Member of the United 
     States International Trade Commission for a term expiring 
     June 16, 2008.


               nominations placed on the secretary's desk

                           in the coast guard

       Coast Guard nomination of Richard B. Gaines, which was 
     received by the Senate and appeared in the Congressional 
     Record of October 12, 1999.
       Coast Guard nominations beginning Peter K. Oittinen, and 
     ending Joseph P. Sargent, Jr., which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of October 27, 1999.


                     national labor relations board

       John C. Truesdale, of Maryland, to be a Member of the 
     National Labor Relations Board for the term of five years 
     expiring August 27, 2003.


                        national mediation board

       Magdalena G. Jacobsen, of Oregon, to be a Member of the 
     National Mediation Board for a term expiring July 1, 2002.
       Francis J. Duggan, of Virginia, to be a Member of the 
     National Mediation Board for a term expiring July 1, 2000.
       Ernest W. DuBester, of New Jersey, to be a Member of the 
     National Mediation Board for a term expiring July 1, 2002.

  Mr. MURKOWSKI. Mr. President, today is a uniquely historic day. One 
hundred and thirty six years ago, Abraham Lincoln gave the Gettysburg 
Address. 80 years ago today, the United States Senate rejected the ill-
conceived League of Nations. And 30 years ago, the second manned Apollo 
capsule landed on the moon and two more Americans walked on the surface 
of the moon.
  But for the family of Deanna Tanner Okun, this is a singular day. For 
the United States Senate has just confirmed her Presidential nomination 
to be a Commissioner on the International Trade Commission. (ITC). I 
would note that it has taken Deanna barely nine days to go from 
nomination to confirmation. That could be close to a Senate record.
  One of the reasons that Deanna's nomination has sped through so 
quickly is because the Chairman of the Senate Finance Committee, Bill 
Roth, and the Ranking Member, Pat Moynihan were willing to put in the 
work to hold a confirmation hearing barely six days after Deanna was 
nominated. I greatly appreciate their work in expediting that hearing.
  But most importantly, I believe the primary reason Deanna's 
confirmation has gone so smoothly is because of the universal 
admiration and respect that Senators and professional staff hold for 
her. Deanna is simply a consummate professional and I know that the 
Senate's loss will be offset by the tremendous gain that is being 
achieved today by the ITC. today. I know the Commission will never be 
the same once Deanna is sworn in.
  Mr. President, I have been privileged to have worked with Deanna for 
more than five years. I cannot imagine anyone who is more qualified to 
become a Commissioner on the International Trade Commission. Not only 
is Deanna remarkably bright, she is one of the most thorough and 
conscientious individuals I have ever met.
  She is fully versed in all aspects of international trade matters and 
an expert on U.S. foreign policy issues. No one can doubt her 
intellectual and professional capacity to serve as a Commissioner.
  Mr. President, I want to repeat some of my prepared remarks for 
Deanna's confirmation hearing.
  But I want to tell the United States Senate a little about Deanna, 
the person. she is a remarkably affable and charming individual who, no 
matter what the pressures--whether negotiating in a markup of a trade 
bill or working under the time constraints of a hearing on spying at 
U.S. weapons laboratories--Deanna never loses her professionalism. She 
always gets the job done.
  In the years that she has worked on my staff, she has had to deal 
with some of the most difficult and tough Senate staffers in the 
leadership and on many committees. I know that every single one of 
those staff people have universal respect and admiration for the work 
Deanna does and the charm she brings to the job. That is a singular 
feat that few other Senate staffers can claim.
  Finally, Mr. President, I would note that three years ago, Deanna 
changed her work schedule from five days a week to four days a week. 
She did this because she wanted to spend more time raising her two 
beautiful daughters, Kelsi and Rachel. I can unhesitatingly tell you 
that in those four days at work, she produces what other staffers could 
maybe produce in five, more likely six days. She is truly remarkable as 
a mother and as a professional staffer.
  She is a stellar person and I know that her husband Bob and her 
parents take great pride in her confirmation.
  It is difficult to lose Deanna after all these years. I will miss 
her, but I know that the world trade community will greatly benefit 
from her appointment to the Commission.
  Thank you, Mr. President and to Deanna, I wish you the best of 
success in your new position.
  Mr. LEAHY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. I did not want to speak until that was done. I thank the 
distinguished majority leader and the distinguished Democratic leader. 
Both of them are dear friends of mine with whom I have served for many, 
many years.
  I thank them for their consideration, especially of Calendar No. 292. 
That is not simply a number on the calendar. It represents a very real 
person. Richard Linn is an extraordinary man, extraordinary husband, 
extraordinary father, and wonderful bother. He will do a great job and 
be an outstanding judge. I thank both leaders for their help and their 
consideration.
  Mr. HATCH. Mr. President, I rise today to report on the success that 
the Senate has enjoyed this session in performing its constitutional 
advice and consent duties with respect to judicial nominees. The 
Judiciary Committee and the Senate have maintained a low vacancy rate 
in the federal Judiciary, reached an agreement to have votes on certain 
controversial nominees, and maintained a fair and principled 
confirmations process.
  At the end of the last Congress, the Judiciary Committee and the 
Senate had reduced the number of vacancies in the federal Judiciary to 
50--the lowest vacancy level since the expansion of the Judiciary in 
1990. Indeed, in his January 1999 report on the state of the federal 
Judiciary, Chief Justice Rehnquist applauded the work of the Senate in 
bringing the vacancy number to such a low level, stating: ``I am 
pleased to report on the progress made in 1998 by the Senate and the 
President in the appointment and confirmation of judges to the federal 
bench. . . .''
  This session, despite partisan rhetoric, the Senate has maintained a 
low vacancy rate. The Judiciary Committee reported 42 judicial 
nominees, and the full Senate confirmed 34 of these--a number 
comparable to the average of 39 confirmations for the first sessions of 
the past 5 Congresses when vacancy rates were generally much higher. In 
total, the Senate has confirmed 338 of President Clinton's judicial 
nominees since he took office in 1993.
  In addition, the Committee reported 22 Executive Branch nominees to 
the Senate floor this Session. The Senate has confirmed all of these 
nominees,

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bringing the total number of confirmations for President Clinton's non-
judicial nominees for which the Committee has jurisdiction to 277 since 
1993.
  After all of these confirmations, we have reduced the number of 
judicial vacancies to 56--very close to the lowest number of vacancies 
since the expansion of the Judiciary in 1990. Indeed, the number of 
vacancies at the end of this Session of Congress is 7 less than the 63 
vacancies that existed when Congress adjourned in 1994 when Bill 
Clinton was President and the Democrats controlled the Judiciary 
Committee. Moreover, we were able to create 9 new district court 
judgeships for a few districts in which the caseloads are very high.
  In addition, the Committee reported two controversial nominees--
Marsha Berzon and Richard Paez--to the Senate floor this Session. And 
Senator Lott worked in a bipartisan manner with Senator Daschle to 
reach an agreement to vote on these controversial nominees and other 
nominees by March 15, 2000.
  A controversial nominee will, of course, move more slowly than other 
nominees because it takes longer to garner a consensus to support such 
a nominee. And, depending on the nature of the controversy, the 
Committee may have to conduct an even more exacting examination of that 
nominee's credentials and respect for the rule of law. Nonetheless, a 
controversial nominee will be treated with the utmost respect and 
fairness The more controversial a nominee, however, the more crucial 
the support of the nominee's home state senators and home state grass 
roots organizations.
  It was deeply disturbing that earlier this year some implied or 
expressly alleged that the Senate's treatment of certain nominees 
differed based on their race or gender. Indeed, a so-called independent 
group claimed that the Senate treated female and minorities nominees 
less favorably than white male nominees.
  After a flurry of rhetoric, however, the facts began to surface. 
First, the so-called independent group--Citizens for Independent 
Courts--was discovered to have prepared its report with the assistance 
of the Democratic, but not Republican, Judiciary Committee staff. 
Second, a close review of the report revealed that for noncontroversial 
nominees who were confirmed, there was little if any difference between 
the timing of confirmation for minority nominees and nonminority 
nominees in 1997 and 1998. Only when the President appointed a 
controversial female or minority nominee who was not confirmed did a 
disparity arise. Third, in 1991 and 1992, when George Bush was 
President, the Democratically controlled Senate confirmed female and 
minority nominees at a far slower pace than white male nominees. 
Fourth, this year, over 50% of the nominees that the Judiciary 
Committee reported to the full Senate have been women and minorities. 
Finally, even the Democratic former chairman of the Judiciary 
Committee, Senator Joe Biden, stated publicly that the process by which 
the committee, under my chairmanship, examines and approve judicial 
nominees ``has not a single thing to do with gender or race.''
  As chairman of the Judiciary Committee, I take the constitutional 
duties of advice and consent and the responsibility for maintaining the 
institutional dignity of the Senate very seriously. Although the 
President has occasionally nominated controversial candidates, under my 
tenure as chairman, not one nominee has suffered a public attack on 
his, or her, character by this committee. Not one nominee has had his, 
or her, confidential background information leaked to the public by a 
member of this committee. And not one nominee has been examined for 
anything other than his, or her, integrity, competence, temperament, 
and respect for the rule of law.
  The Senate has conducted the confirmations process in a fair and 
principled manner, and the process has worked well. As the first 
session of the 106th Congress comes to an end, the federal Judiciary is 
once again sufficiently staffed to perform its function under Article 
III of the Constitution. Senator Lott, and the Senate as a whole, are 
to be commended.

                          ____________________