[Congressional Record (Bound Edition), Volume 146 (2000), Part 10]
[Senate]
[Pages 13483-13487]
[From the U.S. Government Publishing Office, www.gpo.gov]



      NOMINATION OF MADELYN R. CREEDON, OF INDIANA, TO BE DEPUTY 
     ADMINISTRATOR FOR DEFENSE PROGRAMS, NATIONAL NUCLEAR SECURITY 
                       ADMINISTRATION--Continued

  Mr. LEVIN. Madam President, what is the pending business?
  The PRESIDING OFFICER. The pending business is the nomination of 
Madelyn Creedon to be Deputy Administrator for Defense Programs, 
National Nuclear Security Administration.
  Mr. LEVIN. Madam President, I am pleased to come to the floor today 
and support the nomination of a very talented and a highly qualified 
member of the Armed Services Committee staff to be the Deputy 
Administrator for Defense Programs of the newly created National 
Nuclear Security Administration.
  Madelyn Creedon has served her country for her entire professional 
life in a variety of important national security positions. She has 
served as Associate Deputy Secretary of Energy, working closely and 
directly with Deputy Secretary Charles Curtis. She was the general 
counsel for the Defense Base Closure and Realignment Commission, and 
she has served as minority counsel to the Committee on Armed Services 
and counsel under my predecessor, Senator Sam Nunn. She spent 10 years 
as a trial attorney in the Department of Energy.
  Madelyn Creedon's nomination for this important position was 
unanimously reported to the full Senate by the Armed Services Committee 
on April 13. After working with her for more than 8 years on the Armed 
Services Committee, I know firsthand of her extraordinary understanding 
of the national security programs of the Department of Energy and of 
her passionate commitment to the success of these programs and to the 
national security of the United States.
  There are few people who have Madelyn Creedon's depth of experience 
and her knowledge in the nuclear weapons programs of the Department of 
Energy.
  Last month the Senate confirmed the nomination of Gen. John Gordon to 
be the Under Secretary of the Department of Energy and the head of the 
new National Nuclear Security Administration. All of us are aware of 
the significant challenges General Gordon is facing in this position. 
The Administrator of the new National Nuclear Security Administration 
is responsible for maintaining the safety, security and reliability of 
our Nation's nuclear warheads; for managing the Department of Energy 
laboratories; for cleaning up some of the worst environmental problems 
in the country; and for addressing security problems that continue to 
undermine pubic confidence in the Department of Energy. As one of the 
senior deputies in the National Nuclear Security Administration, 
Madelyn Creedon's knowledge and experience in all of these areas will 
be of great assistance in helping General Gordon address the challenges 
he is facing.
  I had a discussion with General Gordon last week. He told me that he 
wants Madelyn Creedon to be his deputy Administrator for Defense 
Programs, and he is anxious for Madelyn Creedon to get to work as his 
Deputy Administrator.
  Madelyn Creedon is well known and respected by Senators on both sides 
of

[[Page 13484]]

the aisle. Prior to her confirmation hearing in the Armed Services 
Committee, Senator Warner and I received a letter from Senator Lugar. I 
would like to quote just a few sentences from Senator Lugar's letter:

       As you know, Mr. Chairman, I am a strong supporter of U.S. 
     nonproliferation efforts in the former Soviet Union. These 
     programs have continually garnered bipartisan support because 
     of the outstanding efforts of dedicated Members of Congress 
     and staff on both sides of the aisle. Madelyn's efforts in 
     this area have made tremendous contributions to the 
     successful implementation of these important programs. Her 
     oversight and legislative analyses of these programs have 
     improved our country's national security. I am confident that 
     she will provide the same level of expertise and dedication 
     if confirmed as Deputy Administrator for Defense Programs at 
     the Department of Energy.
       It is with great enthusiasm that I offer my strong support 
     for Madelyn's nomination, and I am hopeful that members of 
     the Armed Services Committee and the full Senate will concur.

  Madam President, I ask unanimous consent that the full text of 
Senator Lugar's letter be printed in the Record at the conclusion of my 
remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. LEVIN. If confirmed today, I understand that Madelyn Creedon will 
be the first woman to be placed in charge of the safety and reliability 
of America's nuclear deterrent. I cannot imagine any individual who 
would be better qualified to handle this awesome responsibility. We 
will miss Madelyn Creedon on the Armed Services Committee, but I think 
we all know that the committee's and the Senate's loss will be the 
country's gain.
  In closing, I first thank Madelyn Creedon for her dedicated service 
on the staff of the Armed Services Committee. I congratulate her on her 
nomination by the President to this important position in the 
Department of Energy. Finally, I thank Madelyn Creedon for her 
continued willingness to serve the country. And I thank her family--her 
husband Jim, her daughter Meredith, and her son John--for their 
sacrifices in supporting her in this demanding position.

                             Exhibit No. 1


                                         United States Senate,

                                   Washington, DC, April 11, 2000.
     Hon. John Warner,
     Chairman,
     Hon. Carl Levin,
     Ranking Member, Committee on Armed Services, U.S. Senate, 
         Washington, DC
       Dear Mr. Chairman and Senator Levin: I regret that I am 
     unable to appear before your committee today to introduce a 
     fellow Hoosier and offer my support for the nomination of 
     Madelyn Creedon to the position of Deputy Administrator of 
     Defense Programs at the Department of Energy. My 
     responsibilities as Chairman of the Senate Agriculture 
     Committee have required my presence at an important oversight 
     hearing.
       It is always a source of great pride to see Hoosiers making 
     valuable contributions to our country's security. Madelyn has 
     an outstanding record of service to the U.S. government. She 
     has served with distinction as Associate Deputy Secretary for 
     National Security Programs at the Department of Energy, as 
     General Counsel for the Base Realignment and Closure 
     Commission, and here in the Senate as Minority Council of the 
     Senate Armed Services Committee. It has been in the 
     fulfillment of this last assignment that I have had the 
     opportunity to observe and work with Madelyn.
       As you know, Mr. Chairman, I am a strong supporter of U.S. 
     nonproliferation efforts in the former Soviet Union. These 
     programs have continually garnered bipartisan support because 
     of the outstanding efforts of dedicated Members of Congress 
     and staff on both sides of the aisle. Madelyn's efforts in 
     this area have made tremendous contributions to the 
     successful implementation of these important programs. Her 
     oversight and legislative analyses of these programs have 
     improved our country's national security. I am confident that 
     she will provide the same level of expertise and dedication 
     if confirmed as Deputy Administrator for Defense Programs at 
     the Department of Energy.
       It is with great enthusiasm that I offer my strong support 
     for Madelyn's nomination, and I am hopeful that members of 
     the Armed Services Committee and the full Senate will concur.
           Sincerely,
                                                 Richard G. Lugar,
                                            United States Senator.

  Mr. LEVIN. Madam President, I yield the floor and suggest the absence 
of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DOMENICI. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. It is good to see you, Madam President, and to be back 
today. I just arrived from New Mexico, which accounts for my failure to 
put a more conventional tie on, but if I took the time to do that I 
would have missed an opportunity to speak on this issue.
  I am going to take a few minutes to discuss the way I see the matter, 
the pending nomination of Madelyn Creedon for Deputy Administrator of 
the National Nuclear Security Administration for Defense Programs.
  Let me start by suggesting that everyone should know, and I believe 
the nominee understands, that she does not work for the Secretary of 
Energy. She works for the new National Nuclear Security Administrator 
for Defense Programs within the Department of Energy. We might hearken 
back to only a few months ago when we had a very lengthy, multiday 
debate with reference to what we should do to reorganize the Department 
of Energy in the aftermath of the Wen Ho Lee incident, and a very major 
report by the President's most significant security group headed by 
former Senator Warren Rudman of New Hampshire.
  They recommended, and we adopted by law, a total reorganization 
within the Department of Energy of the matters that pertain to nuclear 
weaponry and nonproliferation on the basis that the Department of 
Energy had been built up just topsy-turvy and we had, within a very 
dysfunctional multilayered department, a most, most significant 
American concern, to wit: the nuclear weaponry of America. Believe it 
or not, a Department called Energy is in charge of the nuclear 
laboratories that produce all the science with reference to nuclear 
weapons and the three or four sites within America that used to produce 
weapons when we produced them. They are now part of a very dramatically 
changed effort called science-based stockpile stewardship, which means 
we are going to make every effort to make sure our nuclear weapons are 
safe and secure without ever doing another nuclear test. We are trying 
diligently to do that.
  Now we have a new department within the Department. Let me repeat 
that, because we are having so much difficulty getting out the message 
that we have already created a new entity, just let it start working. 
It is called the National Nuclear Security Administration. It is a hard 
name. In fact, I remembered it by carrying around to hearings a coffee 
cup that had ``NNSA'' on it. Then I was able to remember the name. But 
across the country they were all asking about 6 weeks ago: What are we 
going to do in the aftermath of Wen Ho Lee, finding some other secrets 
that had been misplaced in very peculiar circumstances?
  The first thing we ought to say is that we have already done 
something about it. We have created a semiautonomous agency that, in 
the not too distant future, will be running all of that. We have 
already selected the person in charge, thank God, a very distinguished 
general--that means he is a four-star--who was with the CIA, worked at 
Sandia National Laboratories and was an adviser to two Presidents on 
security. He has agreed to take this job. In other words, he will be 
running, within the Department of Energy, under his own power, all the 
nuclear weapons activities. This nominee will work for him.
  It was very important that we find out, since he did not select her, 
whether he wanted her for this job. I would think that would be the 
most logical question we would have; if the new man, General Gordon, 
who is going to run this, was not part of her selection and she was 
going to be his deputy, we surely ought to ask: Do you want her?
  So I am first reporting to the Senate that I had a responsibility of 
finding that out, because she also wanted to know.
  I can report to the Senate that he said: As matters are going now, I 
would not want to stand in the way--in fact,

[[Page 13485]]

I will support her confirmation by the Senate. So let's not expand much 
on that. Let's just say that the man for whom she will work, because he 
is going to be in charge of all this--she is not going to be working 
for the Secretary of Energy--has said: OK, even though I did not pick 
her, let's try her.
  I also want to tell the Senate that she had a lot to do, staffwise, 
with opposing this new law. She was the one helping Senators who 
opposed the creation of the National Nuclear Security Administration. 
So I have talked with her at length and I have said: Will you enforce 
this law? And she said: I will.
  Do you understand, you are working for the general who runs the new 
National Nuclear Security Administration?
  She said: I do. I work for him. I will try to help him be a success.
  Do you understand that the Secretary of Energy has created a number 
of positions that violate this law, to wit: He has put dual-hatted some 
people to work for him and the new man, when Congress did not intend 
that?
  They intended that all the people who worked for the general worked 
only for him, not the Secretary; that there not be 10, 12, 14 people 
who worked for both of them.
  She said: I understand that.
  He said: Did you hear the Secretary of Energy say he would fight that 
no longer?
  She said: I did.
  Did you hear him say he would support amendments to totally clarify 
this so there are no dual-hatted people who worked for both the 
Secretary of Energy and the general in charge of trying to create some 
decent management within our nuclear weapons complex, including the 
laboratories and the manufacturing centers and the nonproliferation 
activities that go with the laboratories?
  She said she understands that.
  Everybody seems to be on board.
  The problem is the general was just sworn in. There were a few months 
of delay for various reasons, not the least of which was that right 
after signing the bill into law, the President and Secretary of Energy, 
Bill Richardson, did not seek to implement the law very quickly. As a 
matter of fact, they went very slowly.
  We are now at a point where the general is in office, and he needs to 
build his team. She will be part of his team. If Senators are worried 
about whether she will work in that regard, they can vote for her or 
against her. I did not come to the floor to fight her nomination 
because I satisfied myself that she understood the law and pledged to 
enforce it and understood she worked for the general, not for the 
Secretary of Energy, for the foreseeable future. I do not know how long 
she will be in office. I do not know how long he will be in office, 
although we intend to make his term a 3-year term.
  With that, and given this background, I will vote for her. I am 
clearly of the opinion she has sufficient talent and expertise based on 
background and who she worked for and what she did. I do say it will be 
very challenging, based on her experience, for her to truly help this 
general make this work because she will be working for him, a very 
distinguished American retiring from the Air Force where he was a four-
star general to undertake this job. It was a true act of patriotism on 
his part. He decided to take one of the most challenging jobs in 
Government, hardly understood as of today. But I assume that if it all 
works out, he will be very well known in a few years. If it really 
works out, he will be known for having set the nuclear weapons part of 
our Government on the right path, with the right management, not only 
with reference to security--for that will be his job also--but he will 
set it on a management path that something as refined as our nuclear 
weapons should have in place for the American people.
  That has not been the case. There have been at least three major 
studies just crying out for us to fix this, the last one done by the 
President's board on national security matters, headed by Warren Rudman 
with four other distinguished Americans, recommended this, and we 
helped draft the first law. We had five chairmen on the Republican side 
sponsoring the legislation which worked its way through the Senate and 
through the House and has now created this semiautonomous agency that I 
just described to the Senate and to those who are interested in where 
the security is going to come from for the nuclear weapons complex and 
our laboratories.
  We have created a whole new management effort. It is not going to be 
setting new boxes within the Department of Energy, which I have 
predicted will never work, but rather a total semi-independent agency 
with its own national administrator who will have total power and 
control.
  For those who are fearful of this, we have indicated on the 
environmental side that they must comply with NEPA, the National 
Environmental Policy Act. But as to other rules and regulations, it is 
clear they can make their own, consistent with good judgment, 
preserving and protecting the safety of our nuclear weapons and 
preservation of these great National Laboratories.
  We banter around the security problems that have occurred, but 
everybody knows, since the Manhattan Project, we have always had the 
best--not the second best--we have had the very best laboratories in 
the world in charge of our nuclear designs, the nuclear weapons 
breakthroughs, and Los Alamos has always been the leader.
  They are having problems. Instead of saying, here are new rules we 
are going to pass in Congress, let's just make sure we are going to 
give the new administrator of that semiautonomous agency, General 
Gordon, everything he needs to take it out from under the dysfunctional 
Department of Energy and run it in a semiautonomous manner as described 
by law.
  Madelyn Creedon will be a big part of that. I came to the floor to 
speak so she will know that many of us have a genuine interest in this 
working, and we will have our minds and ears and eyes wide open and 
paying attention, and the Secretary of Energy knows we will, too. We 
want this general to have as much as he needs to do this job right. She 
will be his first assistant. Everybody should understand it is a big 
job.
  I do not need anymore time. I yield the floor.
  The PRESIDING OFFICER (Mr. L. Chafee). The Senator from Michigan.
  Mr. LEVIN. Mr. President, first, I thank my good friend from New 
Mexico for support of the Creedon nomination. It is important his 
support be there and his voting for her is a very significant step on 
his part. I know how deeply involved he is in the issue and how hard he 
fought for the creation of the semiautonomous agency, the National 
Nuclear Security Administration. She has satisfactorily assured him and 
all of us she will fully carry out this law.
  As a matter of fact, when she was helping the staff when this bill 
was in the Senate, she helped us work out the bipartisan bill that 
passed the Senate by a vote of 97-1. The good Senator from New Mexico 
was very much in the forefront of that effort to create the bipartisan 
effort that we successfully created in the Senate. Again, there was 
only one vote against the bill as it passed the Senate, and she helped 
us perfect that bill. I want to give her some credit.
  Perhaps even more importantly, the responsibility of whatever bumps 
that have been along this road are ours, not hers, because she staffs 
us. Just the way we want her to be the right arm of General Gordon, so 
she has been staffing us as well and carried out that role very well.
  We are, as Senators, responsible for our staff's work. If there is 
disagreement on this with some of the difficulties in creation of this 
particular semiautonomous agency or in the way it has been implemented, 
those disagreements lie with the Secretary of Energy or, to the extent 
they are legislative, lie with perhaps some Senators but not surely 
with our staffs who are carrying out our wishes, as we want and expect 
her to carry out General Gordon's wishes.
  Mr. DOMENICI. Mr. President, can I make sure the Senator from 
Michigan and I have one thing clear because he has been so honest with 
me once we got past this problem? We are both going

[[Page 13486]]

to see to it, to the best of our ability, that the semiautonomous 
agency, as created by law, is carried out. He told us that the other 
day when he was meeting with Republicans.
  I am very pleased because I think we all have to watch it. Clearly, 
General Gordon is going to need a lot of help. I think the Senator from 
Michigan would concur it is not easy to set up a semiautonomous agency 
within the Department of Energy. He told us: Let's go. And so did 
Senator Lieberman: Let's get it done. Is that a fair assessment?
  Mr. LEVIN. It is a fair assessment, and I think General Gordon is 
ready to have Madelyn there assisting him and will be a big boost. That 
is what he told me on the phone. The Senator from New Mexico recounted 
a conversation with General Gordon. I had a similar conversation with 
him. I wanted to be sure he truly wanted Madelyn Creedon because he was 
not the administrator at the time that nomination was forthcoming. I 
wanted to be sure he was, in fact, desirous of having her as his 
deputy, and he is so desirous and very much supports the nomination. We 
now can proceed to that vote, and, hopefully, she will receive an 
overwhelming vote of support.
  Mr. BINGAMAN. Mr. President, I rise today to speak in support of Ms. 
Madelyn Creedon, who has been nominated by the President to become the 
Deputy Administrator for Defense Programs of the new National Nuclear 
Security Administration (NNSA) at the Department of Energy.
  Ms. Creedon has a distinguished career with broad and deep experience 
regarding Department of Energy defense programs over which she will 
have oversight and management responsibilities in her position as 
``second in command'' at the NNSA.
  My colleagues should be aware that before joining the staff of the 
Armed Services Committee in 1990, Ms. Creedon worked for ten years with 
the Office of the General Counsel at the Department of Energy (DOE).
  She returned to DOE after serving as counsel to the Armed Services 
Committee during 1990 through 1994 during which time she had oversight 
and review responsibilities of DOE national security and environmental 
programs.
  At DOE, Ms. Creedon served as Associate Deputy Secretary of Energy 
for National Security Programs from 1995 to 1997 when she resumed her 
position on the Armed Services Committee, once again with oversight 
responsibilities for DOE defense and environmental programs.
  In short, Mr. President, Ms. Creedon's professional credentials for 
this position are impeccable.
  Let me add, Mr. President, that I have worked closely with her during 
the past several years in my capacity as ranking member of the 
Strategic and Emerging Threats Subcommittees of the Armed Services 
Committee.
  I've found Ms. Creedon to be fully knowledgeable about the issues we 
have discussed, and to be a person of sound judgment regarding possible 
solutions in the interest of improving our national security.
  Her professional capabilities and commitment to public service and 
national security are plain to see for all of us on both sides of the 
aisle who have worked with her.
  I strongly urge my colleagues to vote in favor of Ms. Creedon's 
nomination to assume this important new position as Deputy 
Administrator to NNSA. Her experience and know-how will be key to 
ensuring a smooth transition to a successful NNSA.
  Mr. KYL. Mr. President, might I inquire either of the Chair or 
Senator Levin, is there time remaining or is the vote scheduled to 
occur right at 5:30?
  The PRESIDING OFFICER. There is time remaining; 4 minutes on the 
Republican side.
  Mr. KYL. In that event, Mr. President, I would like to conclude with 
some remarks in opposition to the nominee.
  With all due respect to Senator Levin--he knows I have the utmost 
respect for him--I believe Madelyn Creedon is not qualified for this 
very important position, one of the most important positions in our 
Government. She has never held the kind of positions, as her 
predecessors have, that would qualify her to head this particular 
agency.
  The Deputy Administrator for Defense Programs has the direct 
authority over the Directors of the three National Laboratories, the 
head of the Nevada Test Site, and the heads of the four nuclear weapons 
production facilities. This is the person who is in charge of our 
nuclear weapons production facilities, as well as the nuclear weapons 
laboratories and programs.
  While Ms. Creedon has worked as Senator Levin's counsel, before that 
and in between working for Senator Levin, she has also served as 
general counsel on the Base Closure Commission. She also served for a 
little over a year as an assistant to the Deputy Secretary of Energy. 
And she was counsel for special litigation at the Department of Energy 
from 1980 to 1990.
  She has never had the kind of educational background or 
administrative background that would qualify her for this position. The 
Deputy Administrator will be called upon to manage numerous large and 
very technically complex projects that are expanding the limits of 
America's scientific knowledge. Experience in managing large 
organizations and a technical background are highly desirable.
  The previous holder of this position, for example, Dr. Victor Reis, 
has a Ph.D. in physics and previously headed the Defense Advanced 
Research Projects Agency--or DARPA, as we know it--and also served as 
Director of Defense Research and Engineering at the Department of 
Defense.
  We have known for a long time that our nuclear weapons program has 
had great problems. With the appointment now of General Gordon to head 
the security side of this program, as Senator Domenici has just talked 
about, I think it is important that we have somebody really well 
qualified as the Deputy Administrator. I do not believe it is accurate 
to say that Ms. Creedon is his nominee. I think it is accurate to say 
he has no objection to her nomination.
  But as was pointed out, her nomination was made prior to the time he 
took his position. While I am certain that her nomination will be 
confirmed here today, I think for those of us who believe very strongly 
in national security, a strong nuclear weapons program, and a future 
that will ensure that our weapons are safe and reliable, it requires us 
to vote ``no'' on a nomination which is clearly inferior.
  There are 50 people who could readily be identified who have far 
superior qualifications to serve in this highly technical, very 
important post. For that reason, again, with all due deference to 
Senator Levin, and with deference to the nominee, I will be voting 
``no'' and urging my colleagues to do the same.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Do I have 1 minute left?
  The PRESIDING OFFICER. The Senator has 11 minutes.
  Mr. LEVIN. I will just use one of my minutes to fill in part of the 
record, and then we want to proceed to a vote.
  Madelyn Creedon has also served as Associate Deputy Secretary of 
Energy for National Security Programs. It is a very important part of 
her background where she worked directly with then-Deputy Secretary of 
Energy Charles Curtis. In addition to being minority counsel for the 
Armed Services Committee, she served as counsel under my predecessor, 
Senator Nunn, when he was chairman of the committee.
  So there are some additional important facets of her experience. As 
the Senator from Arizona mentioned, and as the Senator from New Mexico 
mentioned, General Gordon, who is the new person to run the agency, to 
run this new semiautonomous entity, specifically told me not just that 
he has no objection, but he supports her being both appointed and 
confirmed, and he had no objection to my putting it that way.
  So the person for whom we have voted and confirmed overwhelmingly to 
run this semiautonomous agency is anxious to get her on board and very 
much supports her nomination and confirmation.

[[Page 13487]]

  With that, I yield back the remainder of my time.
  Mr. DOMENICI. Mr. President, I yield back any time we might have. I 
understand we will proceed to vote when time is yielded back.
  Mr. President, I ask for the yeas and nays on the confirmation.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Madelyn R. Creedon, of Indiana, to be Deputy Administrator for 
Defense Programs, National Nuclear Security Administration? The clerk 
will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Illinois (Mr. 
Fitzgerald), the Senator from Oklahoma (Mr. Inhofe), the Senator from 
Arizona (Mr. McCain), the Senator from Alaska (Mr. Murkowski), the 
Senator from Pennsylvania (Mr. Santorum), the Senator from Pennsylvania 
(Mr. Specter), and the Senator from Ohio (Mr. Voinovich) are 
necessarily absent.
  Mr. REID. I announce that the Senator from Hawaii (Mr. Akaka), the 
Senator from Delaware (Mr. Biden), the Senator from Illinois (Mr. 
Durbin), the Senator from Iowa (Mr. Harkin), the Senator from 
Massachusetts (Mr. Kerry), the Senator from Vermont (Mr. Leahy), the 
Senator from Arkansas (Mrs. Lincoln), the Senator from Maryland (Ms. 
Mikulski), and the Senator from New Jersey (Mr. Torricelli) are 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 54, nays 30, as follows:

                      [Rollcall Vote No. 172 Ex.]

                                YEAS--54

     Abraham
     Ashcroft
     Baucus
     Bayh
     Bingaman
     Bond
     Boxer
     Breaux
     Bryan
     Burns
     Byrd
     Chafee, L.
     Cleland
     Collins
     Conrad
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Edwards
     Feingold
     Feinstein
     Gorton
     Graham
     Hagel
     Hollings
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kohl
     Landrieu
     Lautenberg
     Levin
     Lieberman
     Lugar
     Moynihan
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Roth
     Sarbanes
     Schumer
     Snowe
     Stevens
     Thurmond
     Warner
     Wellstone
     Wyden

                                NAYS--30

     Allard
     Bennett
     Brownback
     Bunning
     Campbell
     Cochran
     Coverdell
     Craig
     Crapo
     Enzi
     Frist
     Gramm
     Grams
     Grassley
     Gregg
     Hatch
     Helms
     Hutchinson
     Kyl
     Lott
     Mack
     McConnell
     Nickles
     Roberts
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Thomas
     Thompson

                             NOT VOTING--16

     Akaka
     Biden
     Durbin
     Fitzgerald
     Harkin
     Inhofe
     Kerry
     Leahy
     Lincoln
     McCain
     Mikulski
     Murkowski
     Santorum
     Specter
     Torricelli
     Voinovich
  The nomination was confirmed.
  Mr. LOTT. I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________