[Congressional Record (Bound Edition), Volume 145 (1999), Part 20]
[Senate]
[Pages 29485-29488]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate 
immediately proceed to executive session to consider the following 
nominations on today's Executive Calendar: Nos. 59, 98, 99, 133, 203, 
204, 244, 245, 246, 253, 254, 255, 256, 270, 275, 276, 277, 278, 279, 
238, 239, 281 through 290, 293, 321, 322 through 325, 328, 330, 335 
through 342, 344 through 365, 367 through 376, 378, 379, 380, 381, 382, 
393, 395, 396, 397, 398, 402, 403, and all nominations on the 
Secretary's desk in the Foreign Service.
  In addition, I ask unanimous consent the nomination of Paul Fiddick 
be discharged from the Agriculture Committee and that the Senate 
proceed to that nomination, en bloc.
  I further ask unanimous consent the nominations be confirmed, the 
motion to reconsider be laid upon the table, the President be 
immediately notified of the Senate's action, and the Senate then return 
to legislative session.
  The PRESIDING OFFICER. Is there an objection?
  Mr. TORRICELLI. Reserving the right to object, Mr. President, 
included in these nominations is the United States attorney for New 
Jersey, Faith Hochberg, of the Federal district court, who has been 
nominated by the President. Mrs. Hochberg's quest for the Federal 
district court began with my predecessor, Senator Bradley, who 
nominated her. I, indeed, succeeded in that quest and am very pleased 
tonight she will be confirmed to the Federal district court.
  I thank Senator Leahy for his efforts in the course of the last week 
to bring the nomination forward and, of course, Senator Grassley for 
his efforts tonight. She succeeded in having been an extraordinarily 
successful United States attorney. We are very grateful for her service 
that now comes to an end and wish her well in the Federal district 
court.
  I have no objection.
  The PRESIDING OFFICER. The objection is withdrawn.
  Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                          department of labor

       Kenneth M. Bresnahan, of Virginia, to be Chief Financial 
     Officer, Department of Labor.


                         department of commerce

       Cheryl Shavers, of California, to be Under Secretary of 
     Commerce for Technology.
       Kelly H. Carnes, of the District of Columbia, to be 
     Assistant Secretary of Commerce for Technology Policy.


                    inter-american development bank

       Lawrence Harrington, of Tennessee, to be United States 
     Executive Director of the Inter-American Development Bank for 
     a term of three years.


                          department of labor

       Edward B. Montgomery, of Maryland, to be an Assistant 
     Secretary of Labor.
       Richard M. McGahey, of the District of Columbia, to be an 
     Assistant Secretary of Labor.


                export-import bank of the united states

       Dorian Vanessa Weaver, of Arkansas, to be a Member of the 
     Board of Directors of the Export-Import Bank of the United 
     States for a term expiring January 20, 2003.
       Dan Herman Renberg, of Maryland, to be a Member of the 
     Board of Directors of the Export-Import Bank of the United 
     States for a term expiring January 20, 2003.


                      mississippi river commission

       Major General Phillip R. Anderson, United States Army, to 
     be a Member and President of the Mississippi River 
     Commission.
       Sam Epstein Angel, of Arkansas, to be a Member of the 
     Mississippi River Commission for a term of nine years.
       Brigadier General Robert H. Griffin, United States Army, to 
     be a Member of the Mississippi River Commission.


                        federal trade commission

       Thomas B. Leary, of the District of Columbia, to be a 
     Federal Trade Commissioner for the term of seven years from 
     September 26, 1998.


                     departement of transportation

       Stephen D. Van Beek, of the District of Columbia, to be 
     Associate Deputy Secretary of Transportation.
       Michael J. Frazier, of Maryland, to be an Assistant 
     Secretary of Transportation.


                         department of commerce

       Gregory Rohde, of North Dakota, to be Assistant Secretary 
     of Commerce for Communications and Information.


                             the judiciary

       Florence-Marie Cooper, of California, to be United States 
     District Judge for the Central District of California.
       William Joseph Haynes, Jr., of Tennessee, to be United 
     States District Judge for the Middle District of Tennessee.
       Ronald A. Guzman, of Illinois, to be United States District 
     Judge for the Northern District of Illinois.


             chemical safety and hazard investigation board

       Gerald V. Poje, of Virginia, to be a Member of the Chemical 
     Safety and Hazard Investigation Board for a term of five 
     years.


                       tennessee valley authority

       Skila Harris, of Kentucky, to be a Member of the Board of 
     Directors of the Tennessee Valley Authority for a term 
     expiring May 18, 2008.
       Glenn L. McCullough, Jr., of Mississippi, to be a Member of 
     the Board of Directors of the Tennessee Valley Authority for 
     the remainder of the term expiring May 18, 2005.


                  united states sentencing commission

       Michael O'Neill, of Maryland, to be a Member of the United 
     States Sentencing Commission for a term expiring October 31, 
     2003.
       Joe Kendall, of Texas, to be a Member of the United States 
     Sentencing Commission for a term expiring October 31, 2001.
       John R. Steer, of Virginia, to be a Member of the United 
     States Sentencing Commission for the remainder of the term 
     expiring October 31, 1999.

[[Page 29486]]

       John R. Steer, of Virginia, to be a Member of the United 
     States Sentencing Commission for a term expiring October 31, 
     2005.
       Ruben Castillo, of Illinois, to be a Member of the United 
     States Sentencing Commission for a term expiring October 31, 
     2003.
       Diana E. Murphy, of Minnesota, to be a Member of the United 
     States Sentencing Commission for the remainder of the term 
     expiring October 31, 1999.
       Diana E. Murphy, of Minnesota, to be a Member of the United 
     States Sentencing Commission for a term expiring October 31, 
     2005.
       Diana E. Murphy, of Minnesota, to be Chair of the United 
     States Sentencing Commission.
       Sterling R. Johnson, Jr., of New York, to be a Member of 
     the United States Sentencing Commission for a term expiring 
     October 31, 2001.
       William Sessions, III, of Vermont, to be a Member of the 
     United States Sentencing Commission for a term expiring 
     October 31, 2003.


                         department of justice

       Paul L. Seave, of California, to be United States Attorney 
     for the eastern District of California for a term of four 
     years.
       John W. Marshall, of Virginia, to be Director of the United 
     States Marshals Service.
       Kathryn M. Turman, of Virginia, to be Director of the 
     Office for Victims of Crime.
       Melvin W. Kahle, of West Virginia, to be United States 
     Attorney for the Northern District of West Virginia for a 
     term of four years.


                         department of commerce

       Q. Todd Dickinson, of Pennsylvania, to be Commissioner of 
     Patents and Trademarks.
       Anne H. Chasser, of Ohio, to be an Assistant Commissioner 
     of Patents and Trademarks.


              federal mediation and conciliation director

       Charles Richard Barnes, of Georgia, to be Federal Mediation 
     and Conciliation Director.


                        department of education

       A. Lee Fritschler, of Pennsylvania, to be Assistant 
     Secretary for Postsecondary Education, Department of 
     Education.


           national foundation on the arts and the humanities

       Linda Lee Aaker, of Texas, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2004.
       Edward L. Ayers, of Virginia, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2004.
       Pedro G. Castillo, of California, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2004.
       Peggy Whitman Prenshaw, of Louisiana, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2002.
       Theodore William Striggles, of New York, to be a Member of 
     the National Council on the Humanities for a term expiring 
     January 26, 2004.
       Ira Berlin of the District of Columbia, to be a Member of 
     the National Council on the Humanities for a term expiring 
     January 26, 2004.
       Evelyn Edson, of Virginia, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2004.


                        department of education

       Michael Cohen, of Maryland, to be Assistant Secretary for 
     Elementary and Secondary Education, Department of Education.


                             postal service

       John F. Walsh, of Connecticut, to be a Governor of the 
     United States Postal Service for a term expiring December 8, 
     2006.
       LeGree Sylvia Daniels, of Pennsylvania, to be a Governor of 
     the United States Postal Service for a term expiring December 
     8, 2007.


                   executive office of the president

       Joshua Gotbaum, of New York, to be Controller, Office of 
     Federal Financial Management, Office of Management and 
     Budget.


                     social security administration

       James G. Huse, Jr., of Maryland, to be Inspector General, 
     Social Security Administration.


                          department of state

       David H. Kaeuper, of the District of Columbia, 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 Congo.
       James B. Cunningham, of Pennsylvania, to be a 
     Representative of the United States of America to the 
     Sessions of the General Assembly of the United Nations during 
     his tenure of service as Deputy Representative of the United 
     States of America to the United Nations.
       John E. Lang, of Wisconsin, 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 Botswana.
       Delano Eugene Lewis, Sr., of New Mexico, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Republic of South Africa.
       Avis Thayer Bohlen, of the District of Columbia, a Career 
     Member of the Senior Foreign Service, Class of Minister-
     Counselor, to be an Assistant Secretary of State (Arms 
     Control).
       Donald Stuart Hays, of Virginia, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be 
     Representative of the United States of America to the United 
     Nations for U.N. Management and Reform, with rank of 
     Ambassador.
       Donald Stuart Hays, of Virginia, to be an Alternate 
     Representative of the United States of America to the 
     Sessions of the General Assembly of the United Nations during 
     his tenure of service as Representative of the United States 
     of America to the United Nations for UN Management and 
     Reform.
       Michael Edward Ranneberger, of Virginia, 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 Mali.
       Harriet L. Elam, of Massachusetts, 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 the Republic of Senegal.
       Gregory Lee Johnson, of Washington, 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 the Kingdom of Swaziland.
       Jimmy J. Kolker, of Missouri, a Career Member of the Senior 
     Foreign Service, Class of Counselor, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to Burkina Faso.
       Joseph W. Prueher, of Tennessee, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the People's Republic of China.
       Mary Carlin Yates, of Washington, 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 Burundi.
       Charles Taylor Manatt, of the District of Columbia, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the Dominican Republic.
       Gary L. Ackerman, of New York, to be a Representative of 
     the United States of America to Fifty-fourth Session of the 
     General Assembly of the United Nations.
       Martin S. Indyk, of the District of Columbia, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to Israel.
       Anthony Stephen Harrington, of Maryland, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Federative Republic of Brazil.
       Craig Gordon Dunkerley, of Massachusetts, a Career Member 
     of the Senior Foreign Service, Class of Minister-Counselor, 
     for the Rank of Ambassador during his tenure of Service as 
     Special Envoy for Conventional Forces in Europe.
       Robert J. Einhorn, of the District of Columbia, to be an 
     Assistant Secretary of State (Non-proliferation).
       Lawrence H. Summers, of Maryland, to be United States 
     Governor of the International Monetary Fund for a term of 
     five years; United States Governor of the International Bank 
     for Reconstruction and Development for a term of five years; 
     United States Governor of the Inter-American Development Bank 
     for a term of five years; United States Governor of the 
     African Development Bank for a term of five years; United 
     States Governor of the Asian Development Bank; United States 
     Governor of the African Development Fund; United States 
     Governor of the European Bank for Reconstruction and 
     Development.
       James B. Cunningham, of Pennsylvania, a Career Member of 
     the Senior Foreign Service, Class of Minister-Counselor, to 
     be Deputy Representative of the United States of America to 
     the United Nations, with the rank and status of Ambassador 
     Extraordinary and Plenipotentiary.
       Norman A. Wulf, of Virginia, a Career Member of the Senior 
     Executive Service, to be a Special Representative of the 
     President, with the rank of Ambassador.


                        African Development Bank

       Willene A. Johnson, of New York, to be United States 
     Director of the African Development Bank for a term of five 
     years.


                          department of state

       Edward S. Walker, Jr., of Maryland, a Career Member of the 
     Senior Foreign Service, Class of Career Minister, to be an 
     Assistant Secretary of State (Near Eastern Affairs).
       James D. Bindenagel, of California, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, for the 
     rank of Ambassador during tenure of service as Special Envoy 
     and Representative of the Secretary of State for Holocaust 
     Issues.
       William B. Bader, of Virginia, to be an Assistant Secretary 
     of State (Educational and Cultural Affairs).
       Peter T. King, of New York, to be a Representative of the 
     United States of America to the Fifty-fourth Session of the 
     General Assembly of the United Nations.
       J. Stapleton Roy, of Pennsylvania, a Career Member of the 
     Senior Foreign Service with the Personal Rank of Career 
     Ambassador, to be an Assistant Secretary of State 
     (Intelligence and Research).

[[Page 29487]]




                             the judiciary

       Ann Claire Williams, of Illinois, to be United States 
     Circuit Judge for the Seventh Circuit.
       Virginia A. Phillips, of California, to be United States 
     District Judge for the Central District of California.
       Faith S. Hochberg, of New Jersey, to be United States 
     District Judge for the District of New Jersey.


                         department of justice

       Daniel J. French, of New York, to be United States Attorney 
     for the Northern District of New York for the term of four 
     years.
       Donna A. Bucella, of Florida, to be United States Attorney 
     for the Middle District of Florida for the term of four 
     years.


                     social security administration

       William A. Halter, of Arkansas, to be Deputy Commissioner 
     of Social Security for the term expiring January 19, 2001. 
     (New Position)


                       department of the treasury

       Gregory A. Baer, of Virginia, to be an Assistant Secretary 
     of the Treasury.


                       inter-american foundation

       Kay Kelley Arnold, of Arkansas, to be a Member of the Board 
     of Directors of the Inter-American Foundation for a term 
     expiring October 6, 2004.


                          Department of state

       Irwin Belk, of North Carolina, to be an Alternate 
     Representative of the United States of America to the Fifty-
     fourth Session of the General Assembly of the United Nations.
       Revius O. Ortique, Jr., of Louisiana, to be an Alternate 
     Representative of the United States of America to the Fifty-
     fourth Session of the General Assembly of the United Nations.


                      federal maritime commission

       Joseph E. Brennan, of Maine, to be a Federal Maritime 
     Commissioner for the term expiring June 30, 2003.
       Antony M. Merck, of South Carolina, to be a Federal 
     Maritime Commissioner for the term expiring June 30, 2001.


                            foreign service

       Nominations beginning Samuel Anthony Rubino, and ending 
     Christopher Lee Stillman, which nominations were received by 
     the Senate and appeared in the Congressional Record of 
     February 23, 1999.
       Nominations beginning George Carner, and ending Steven G. 
     Wisecarver, which nominations were received by the Senate and 
     appeared in the Congressional Record of September 8, 1999.
       Nominations beginning Johnnie Carson, and ending Susan H. 
     Swart, which nominations were received by the Senate and 
     appeared in the Congressional Record of September 8, 1999.
       Nominations beginning Rueben Michael Rafferty, and ending 
     Stephen R. Kelly, which nominations were received by the 
     Senate and appeared in the Congressional Record of September 
     8, 1999.
       Nominations beginning C. Miller Crouch, and ending Gary B. 
     Pergl, which nominations were received by the Senate and 
     appeared in the Congressional Record of September 9, 1999.
       Nominations beginning Rita D. Jennings, and ending Carol 
     Lynn Dorsey, which nominations were received by the Senate 
     and appeared in the Congressional Record of November 3, 1999.


                       department of agriculture

       Paul W. Fiddick, of Texas, to be an Assistant Secretary of 
     Agriculture.

  Mr. LAUTENBERG. Mr. President, I am pleased that the Senate has 
confirmed Faith Hochberg for a seat on the U.S. District Court for New 
Jersey. I want to thank Senators Hatch and Leahy for moving ahead with 
this nomination at a time when New Jersey's Federal bench is struggling 
with heavy caseloads and a shortage of judges. Today's action will help 
New Jersey's Federal courthouses be more fair and more efficient.
  Ms. Hochberg has served with distinction as the U.S. Attorney for New 
Jersey since 1994 and she couldn't be more qualified for a Federal 
judgeship.
  President Clinton nominated Ms. Hochberg for the District Court on 
April 22. As the first female U.S. Attorney in New Jersey's history, 
Ms. Hochberg spearheaded corruption probes that led to the conviction 
of numerous Newark officials.
  She also participated in the prosecution of Unabomber Theodore 
Kaczynski, and she unraveled widespread police corruption in several 
North Jersey communities.
  Her office also has a record of aggressively pursuing child 
pornography cases. From 1994 through 1998, Ms. Hochberg's attorneys 
handled 67 of those cases, which was the second-highest number among 
U.S. Attorneys offices across the country.
  Since 1997, Ms. Hochberg has been a member of the Attorney General's 
Advisory Committee, which advises Attorney General Janet Reno on issues 
affecting the U.S. Attorney's Office. Ms. Hochberg, in fact, chairs the 
White Collar Crime Subcommittee and has focused the committee's 
attention on cyber-crime issues, which of course will be an increasing 
concern in the next century.
  This is particularly true in New Jersey, which has a concentration of 
high-tech industries and serves as a computer nerve center for large 
New York-based corporations and the Federal Reserve Bank of New York.
  Prior to her service as U.S. Attorney, Ms. Hochberg served as Deputy 
Assistant Secretary of the Treasury for law enforcement as well as 
Senior Deputy Chief Counsel for the Treasury's Office of Thrift 
Supervision.
  She also has experience in the private sector, having worked as a 
partner in a prominent New Jersey law firm.
  Ms. Hochberg also has outstanding academic credentials. She graduated 
magna cum laude in 1975 from Harvard Law School, where she edited the 
Law Review. In 1972, she graduated summa cum laude from Tufts 
University.
  Mr. President, Ms. Hochberg has also been a pioneer in her efforts to 
keep guns out of the hands of criminals. She and a former New Jersey 
Attorney General organized a project that alerts law enforcement each 
time a gun is recovered during a criminal incident. That allows those 
guns to be traced to their sources.
  Mr. President, this confirmation could not come at a better time. New 
Jersey's Federal courthouses are stressed to the limit and delays are 
becoming more and more common.
  Again, I thank Senator Hatch and Senator Leahy for their efforts to 
confirm Faith Hochberg. I know she will be an outstanding judge.
  Mr. MOYNIHAN. Mr. President, the Senate has just confirmed Daniel 
French as the new United States Attorney for the Northern District of 
New York and may I say I could not be more pleased.
  Dan French is a native of the District having been born and brought 
up in Jefferson County, graduated cum laude from the University of the 
State of New York College at Oswego and is a cum laude graduate of the 
Syracuse University Law School where he served as an editor of the Law 
Review. Following law school Mr. French clerked for Judge Rosemary 
Pooler. Judge Pooler was then a United States District Court Judge and 
not sits on the Second Circuit Court of Appeals. Mr. French then joined 
the U.S. Attorney's office where he served until being named interim 
United States Attorney by Attorney General Janet Reno.
  Like all of the District Court and U.S. Attorney Candidates I have 
recommended to the President, Mr. French was sent to me by my Screening 
Panel after he and other candidates were seen and their credentials 
reviewed.
  But I must say I was particularly pleased to send Dan's name to the 
President. And pleased that the President, after reviewing his record, 
agreed that he should be nominated. For Dan French was with me for 
several years as a professional staff member on the Environment and 
Public Works Committee, the Committee on Finance and on my personal 
staff. I know him well. And I know that he has the kind of 
intelligence, learning, judgment and integrity that will make him an 
outstanding U.S. Attorney.
  Mr. President, the Northern District of New York, in which our family 
home at Pindars Corners is located is vast. It services 3.5 million 
citizens and encompasses 32 of New York's 62 counties, covering 60% of 
the State's geographical area. By comparison, the district is larger 
than the combined land areas of Vermont, Massachusetts, Connecticut and 
Rhode Island. This large area with a diverse population is fortunate to 
have a native son, who understands its ways, enforcing the laws of the 
United States.
  Years ago, another upstater, Supreme Court Justice Robert H. Jackson 
wrote that ``the citizen's safety lies in the prosecutor who tempers 
zeal with human kindness, who seeks truth and not victims, who serves 
the law and not factional purposes, and who approaches his task with 
humility.'' I

[[Page 29488]]

know that Dan French will be guided by Justice Jackson's words.
  Dan French will be a splendid U.S. Attorney and I congratulate him on 
his confirmation and salute his wife, television broadcaster Kelly 
French and their two children Margaret Anne and Gavin Mitchell.
  Mr. LEAHY. Mr. President, I am pleased that the Senate has voted 
today on the confirmation of Judge Florence-Marie Cooper to be a United 
States District Court Judge for the Central District of California.
  Florence-Marie Cooper is a distinguished Californian. She has 
distinguished herself with a long career of service in the California 
state court system. She was a Deputy City Attorney for the City of Los 
Angeles in 1977. From 1978 to 1983, she was a Senior Research Attorney 
for the California Court of Appeal Second Appellate District. Then, 
from 1983-1990 she was a Court Commissioner for the Los Angeles 
Superior Court. From 1990-1991 she was a Judge in the Los Angeles 
Municipal Court. Since 1991 she has been a Judge in the Los Angeles 
Superior Court.
  Judge Cooper received her undergraduate degree in 1971 from the City 
College of San Francisco, and her law degree from Whittier College 
School of Law in 1975. Following law school, she clerked for the 
Honorable Arthur Alarcon on the Los Angeles Superior Court Appellate 
Department.
  The Senate could help Judge Florence-Marie Cooper's future workload 
if it would likewise take up and consider the nominations of the other 
nominees to her District Court: Judge Virginia Phillips, Dolly Gee and 
Frederic Woocher. Virginia Phillips was first nominated back in May 
1998 and is still awaiting a hearing in order to fill a judicial 
emergency vacancy on that Court. The Judiciary Committee recently 
received a letter from Chief Judge Hatter of that Court in which he 
implored the Senate to act promptly on the nomination of Judge Virginia 
Phillips. Judge Hatter notes that the Eastern Division of the Central 
District is one of the fastest growing areas in the nation and has only 
one judge with a ``staggering caseload.'' He explains that the 
reassignment of cases to Los Angeles from San Bernadino ``results in a 
large number of litigants, witnesses, lawyers, and law enforcement 
officers having to travel to Los Angeles, some sixty (60) miles away, 
by way of the most traffic congested roads in the United States.'' I 
thank Chief Judge Hatter for his letter and want him to know that I, 
for one, understand. Those who say there is no judicial vacancies 
problem ought to consider Chief Judge Hatter's perspective and the 
problems created for thousands of people each year in his District.
  The Senate also has before it ready for a final confirmation vote the 
nominations of Judge Richard Paez, Marshal Berzon and Ronald Gould, to 
the Ninth Circuit. The nomination that has been longer before the 
Senate is that of Judge Richard Paez, 44 months. The nomination that 
has been longest on the Senate Executive Calendar is that of Marshal 
Berzon, whose nomination was reported on July 1, before the 4th of July 
recess, before the extended August recess and before the Columbus Day 
recess.
  The Senate could and should be voting up or down on the Paez and 
Berzon nominations. The Senate needs to fulfill its duty to each of 
these outstanding nominees and to the tens of millions of people served 
by the Ninth Circuit. A few anonymous Republican Senators are holding 
up action on these important nominations. Two weeks ago, the Majority 
Leader came to the floor and said that he would try to find a way to 
have these two nominations considered by the Senate. The way is to call 
them to a fair up-or-down vote. I want to help the Republican leader 
and help the Senate find its way clear to do that without additional 
delay and obstruction.
  Despite the policy announced at the beginning of this year doing away 
with ``secret holds,'' that is what Judge Paez and Marsha Berzon still 
confront as their nominations continuing to be obstructed under a cloak 
of anonymity after 44 months and 20 months, respectively. That is wrong 
and unfair. This continuing delay demeans the Senate, itself.
  I have great respect for this institution and its traditions. Still, 
I must say that this use of secret holds for extended periods that doom 
a nomination from ever being considered by the United States Senate is 
wrong and unfair and beneath us. Who is it that is afraid to vote on 
these nominations? Who is it that must hiding their to these nominees? 
After almost 4 years with respect to Judge Paez and almost 2 years with 
respect to Marsha Berzon, it is time for the Senate to vote up-or-down 
on these nominations.
  The Chief Justice of the United States Supreme Court wrote in January 
last year:

       Some current nominees have been waiting a considerable time 
     for a Senate Judiciary Committee vote or a final floor vote. 
     * * * 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.

  At the time the Chief Justice issued this challenge, Judge Paez' 
nomination had already been pending for 24 months. The Senate received 
the Berzon nomination within days of the Chief Justice's report. That 
was almost 2 years ago and still the Senate stalls and refuses to vote. 
Let us follow the advice of the Chief Justice. Let the Republican 
leadership schedule fair up or down votes on the nominations of Judge 
Paez and Marsha Berzon so that the Senate can finally act on them. Let 
us be fair to all.
  The debate on judicial nominations over the last couple of weeks has 
focused the Senate and the public on the unconscionable treatment by 
the Senate majority of selected nominees. The most prominent current 
examples of that treatment are Judge Paez and Marsha Berzon. With 
respect to these nominations, the Senate is refusing to do its 
constitutional duty and vote. I challenged the Senate last Friday, in 
the aftermath of the rejection of the nomination of Justice Ronnie 
White by the Republican caucus, to vote on the nominations of Judge 
Paez, Marshal Berzon, Judge Julio Fuentes, Judge Ann Williams, Judge 
James Wynn, Kathleen McGee Lewis and Enrique Moreno.
  Nominees deserve to be treated with dignity and dispatch--not delayed 
for 2 and 3 and 4 years. I continue to urge the Republican Senate 
leadership to proceed to vote on the nominations of Judge Richard Paez 
and Marsha Berzon. There was never a justification for the Republican 
majority to deny these judicial nominees a fair up or down vote. There 
is no excuse for their continuing failure to do so.
  I know the Senate has done the right thing and confirmed Judge 
Florence-Marie Cooper to the Central District of California and that 
she will be an outstanding judge. I will continue my efforts to bring 
to a vote the nominations of Judge Richard Paez and Marsha Berzon.

                          ____________________