[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 [[Page S12964]] 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.