[Congressional Record: October 21, 1998 (Senate)] [Page S12962-S12968] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr21oc98-269] EXECUTIVE SESSION ______ 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. Nomination of Edward J. Damich Mr. HATCH. Mr. President, today the Senate will confirm the nomination of Edward J. Damich to be a judge on the Court of Federal Claims. Mr. Damich has been the Chief Intellectual Property Counsel to the Judiciary Committee since 1995. He has already had a distinguished career and is highly qualified to fill this challenging position. He received an A.B. degree from St. Stephen's College in 1970, a J.D. degree from the School of Law of Catholic University in 1976, and LL.M. and J.S.D. degrees from Columbia University School of Law. Upon his graduation from law school, he joined the faculty of the Delaware Law School of Widener University as a Professor of Law where he remained until 1984. From 1984-95, he was a Professor of Law at the George Mason University School of Law. During 1992-1993, Mr. Damich also served as a Commissioner of the Copyright Royalty Tribunal. Mr. Damich also has numerous accomplishments outside his professional career. He was named Outstanding Faculty Member in 1980 and 1984, and is listed in Who's Who in American Law. He has served as President of the National Federation of Croatian Americans and as a Board Member of the Washington Area Lawyers for the Arts. He is also widely published in both the acadmic and professional forums. His hard work and intellect has made him a true asset to the Committee, and his presence will be missed. I am confident that he will make a terrific judge, and I wish him all the luck in this very important stage of his career. Mr. THURMOND. Mr. President, I wish to express my support for the nomination of Edward Damich to the U.S. Court of Federal Claims. I believe he is a fine choice for this important position. Before joining the staff of the Senate Judiciary Committee in 1995 as Chief Intellectual Property Counsel, Mr. Damich served as a Commissioner of the Copyright Arbitration Royalty Panel. In that capacity, he was involved in numerous copyright issues, including the proper distribution of millions of dollars in copyright licensing fees. Further, for many years, he served as a Professor of Law in the area of intellectual property, first at Delaware Law School and later at the George Mason University School of Law in Virginia. Mr. Damich has been an asset to the Senate Judiciary Committee in recent Congresses. He is a strong supporter of property rights and has brought a wealth of knowledge of intellectual property law to his work. He has played an important supporting role on many important pieces of legislation in this area, including most recently the Digital Millennium Copyright Act. Mr. Damich is well qualified to serve on the Court of Claims, and I am pleased to support his nomination. judge norman a. mordue Mr. MOYNIHAN. Mr. President, I am very pleased that the Senate has confirmed Norman A. Mordue to the bench of the United States District Court for the Northern District of New York. Norman Mordue is a distinguished and competent jurist, having previously served as an assistant district attorney and county judge. He is now a New York Supreme Court justice. He is also a war hero. He earned this country's second highest military honor, the Distinguished Service Cross for Extraordinary Heroism, while serving as an infantry platoon leader with the 1st Air Cavalry Division in Vietnam. Judge Mordue has been active in many New York State Bar activities-- he is a presiding officer in the Bar's judicial section and a continuing legal education lecturer--and he has been elected by his peers to head the Supreme Court Justices' Association. I have every confidence that he will make an excellent addition to the federal judiciary. nomination of margaret seymour Mr. THURMOND. Mr. President, I wish to express my strong support for Judge Margaret Seymour, President Clinton's nominee to be a United States District Judge for the District of South Carolina. Judge Seymour will replace Judge William Traxler, an excellent jurist who I recommended to the President for the District Court and who has just been elevated to the Fourth Circuit Court of Appeals. Judge Seymour had a varied legal career in the private sector and in government service before becoming an Assistant United States Attorney in South Carolina in 1990. During four of her six years in the U.S. Attorney's office, she was Chief of the Civil Division. Also, she twice served as Interim United States Attorney, once in 1993 and again in 1996. She was appointed a United States Magistrate Judge for the District of South Carolina in 1996, where she serves today. In that capacity, she is known as a diligent and fair jurist. She is also a person of character and integrity. I am very pleased to support her, and I am confident she will be a very able addition to the District Court. nomination of denise o'donnell Mr. MOYNIHAN. Mr. President, I am delighted that the Senate will confirm Denise O'Donnell to be the United States Attorney for the Western District of New York. She now becomes the first woman in the history of the 17-county Western District to be chief federal prosecutor. No woman before has ever had a presidential appointment in the district to one of the top three justice posts: judge, prosecutor or federal marshall. Ms. O'Donnell is a career Assistant U.S. Attorney. She came to the Western District in 1985 as an Assistant U.S. Attorney and was named First Assistant in 1993. She has served as Interim U.S. Attorney since September 1997. In addition, she was a part-time instructor in the the Trial Technique Program at her alma mater, the State University of New York at Buffalo Law School. She graduated summa cum laude from that institution and was the senior editor of its law review. During her distinguished career as a prosecutor, Ms. O'Donnell has handled a host of complex criminal matters, including cases involving RICO, tax fraud, narcotics, and violent crimes. She is also an active participant in her local and state bar organizations and, last year was the Women Lawyers Association Lawyer of the Year. I am confident that Ms. O'Donnell will serve with the highest distinction. nomination of margaret e. curran Mr. CHAFEE. Mr. President, today the Senate will consider the nomination of Margaret E. Curran as U.S. Attorney for the District of Rhode Island. I wholeheartedly support Ms. Curran's nomination and appreciate its speedy consideration by the Judiciary Committee. It certainly is noteworthy that Ms. Curran will be the first woman to serve as U.S. Attorney for Rhode Island in the more than two hundred years that this position has existed. Ms. Curran has served as Interim U.S. Attorney since May. She has proven herself to be a thoughtful, competent, and qualified federal prosecutor. I have every confidence that she will continue to do a fine job as the chief federal law enforcement office in Rhode Island. An editorial in the Providence Journal said of Ms. Curran: [[Page S12966]] ``She has shown herself to have capacious qualities of leadership, intellectual rigor, and good humor,'' qualities that will serve her well as U.S. Attorney. Ms. Curran has twelve years of experience as a federal prosecutor. She has earned wide regard from the legal community in Rhode Island. And she enjoys resounding support from Governor Lincoln Almond, who, for twenty years, held the position she will assume. Meg Curran is a graduate of the University of Pennsylvania and received a Master of Science Degree in anthropology from Purdue University. In 1983, she received her Law Degree from the University of Connecticut, where she served as editor-in-chief of the Connecticut Law Review. Before serving in the U.S. Attorney's office, Ms. Curran was clerk to the Honorable Bruce M. Selya, U.S. District Court for the District of Rhode Island and for the Honorable Thomas J. Meskill, U.S. Court of Appeals for the Second Circuit. She is a member of the Rhode Island Bar Association, serves on the Federal Branch-Bar Committee, as well as the Roger Williams American Inn of Court, the First Circuit Gender Bias Task Force, and the American Law Institute. Also, Ms. Curran is professor of advanced criminal law at Roger Williams University Law School in Rhode Island. I am delighted that the Senate is prepared to confirm Margaret Ellen Curran as U.S. Attorney for the District of Rhode Island. Mr. REED. Mr. President, I rise today to commend the Senate's confirmation of Margaret Ellen Curran as U.S. Attorney for the District of Rhode Island. I am proud to have been involved in the historic nomination of this outstanding career prosecutor. A native of Providence, Meg is the first woman to serve as Rhode Island's federal attorney. Her confirmation by the U.S. Senate today sends a clear message to career federal attorneys that their work and service is valued. Ms. Curran brings not only the necessary legal expertise and technical skill to this position, but she has also demonstrated the prosecutorial temperament necessary to carry out her significant responsibilities in a fair and judicious manner. I am confident that U.S. Attorney Curran will serve Rhode Island and its people extremely well. Ms. Curran graduated from Pilgrim High School in Warwick. She received a B.A. degree from the University of Pennsylvania, a Master of Science from Purdue University, and her law degree from the University of Connecticut School of Law, where she was Editor in Chief of the Law Review. After graduation, Meg served as a law clerk to the Honorable Bruce Selya, then a federal district judge in Rhode Island. She nexted served a clerkship for the Honorable Thomas Meskill on the Second Circuit Court of Appeals. After her second clerkship, in 1985, Meg became an associate at the Providence law firm of Wistow & Barylick pursuing general litigation matters. Since 1986, when she joined the U.S. Attorney's Office in Rhode Island, Meg has distinguished herself as an outstanding prosecutor. As a trail prosecutor, Meg tried a range of cases involving white-collar criminals, organized crime, illegal weapons possession, and was responsible for obtaining the largest monetary penalty, at the time, for the illegal discharge of pollutants into Narragansett Bay. In 1990, Meg was appointed as the district's Principal Appellate Attorney and Appellate Chief. In that position she has had primary responsibility for all appeals. As Appellate Chief she has successfully pursued precedent setting cases involving both mandatory sentencing for career criminals as well as heightened penalties for dealers of dangerous drugs. Meg has proven herself an accomplished trial and appellate attorney, and, for this, she has been recognized. She has received the annual Special Achievement Awards for Sustained Superior Performance of Duty from the Department of Justice four times. In 1993, she was named the Federal Employee of the Year by the Federal Executive Council of Rhode Island. Today, the United States Senate has provided her with the ultimate recognition of a career prosecutor by confirming her as U.S. Attorney for the District of Rhode Island. In addition to her professional service, Meg has also found time to serve her community. Since 1995, Meg has been an adjunct professor at Roger Williams University School of Law, teaching advanced criminal procedure. She is a member of the Rhode Island Bar Association and serves on the Federal Bench/Bar Committee. Meg also serves on the First Circuit Gender Bias Task Force and is a member of the Board of Trustees of the Rode Island Zoological Society. Mr. President, I am proud to have been involved in the nomination of U.S. Attorney Curran. I wish her, her husband Michael, and their daughter Margee the very best. confirmation of cardell cooper Mr. LAUTENBERG. Mr. President, I rise to express my strong support for the confirmation of Cardell Cooper to be the Department of Housing and Urban Development's (HUD) Assistant Secretary for Community Planning and Development. I thank the members of the Banking Committee, Chairman D'Amato, and Ranking Member Sarbanes for moving Mr. Cooper's nomination swiftly through the Committee. Mr. Cooper served with distinction as mayor of East Orange, New Jersey from 1990 to 1997. Prior to serving as mayor, from 1988 to 1990, Mr. Cooper was County Administrator for Essex County, where he was responsible for day-to-day management of the one of the largest and most urban counties in New Jersey. As a mayor and county administrator, Mr. Cooper was on the front lines. His practical experience, coupled with his passion for public service, makes him an excellent choice for this post. He knows the critical difference that development programs can make to communities and their residents, and the importance of forging strong partnerships between local, state and federal governments. His commitment to local economic development programs serving our young people, such as YouthBuild, and urban environmental initiatives, such as the brownfields program, will fuel his efforts to help our urban leaders succeed. Through his work with the Conference of Mayors, he has built solid relationships with mayors across the country and enjoys bipartisan support. His endorsement by the Conference of Mayors is a testament to the leadership he has provided. Mr. President, while professional experience and particular skills are important for effective service, Cardell Cooper has the personal strengths and attributes the Senate looks for in nominees to high posts. He is an energetic leader, with a strong work ethic and a deep commitment to public service and the mission of the Department. I can personally attest to his integrity and ability to work well within a larger organization. Mr. President, I hope the full Senate will act expeditiously to confirm Cardell Cooper as HUD's new Assistant Secretary for Community Planning and Development. confirmation of harold lucas Mr. LAUTENBERG. Mr. President, I rise today to convey to the full Senate my overwhelming support for the confirmation of Harold Lucas to be the Department of Housing and Urban Development's (HUD) new Assistant Secretary for Public and Indian Housing. I especially want to thank Chairman D'Amato and Ranking Member Sarbanes, and all the members of the Senate Banking Committee, for moving Mr. Lucas' nomination so quickly through the Committee. Mr. Lucas has first-hand knowledge of the challenges facing our nation's public housing authorities. Prior to his nomination, Mr. Lucas served as Executive Director of the Housing Authority of the City of Newark, New Jersey. When Mr. Lucas took hold of the reins at the Housing Authority in 1992, HUD considered it to be a ``troubled'' agency, and had given it failing grades since its creation in the 1970s. Within two years of taking over, Mr. Lucas turned things around. Last year, the agency received a 94 percent rating--an A in anyone's book--and is now considered one of the top performing housing agencies in both New Jersey and the nation. During his tenure, Mr. Lucas tore down many dilapidated high-rise buildings and replaced them with more attractive townhouse-style housing that [[Page S12967]] provides a better quality of life for tenants and improves the neighborhoods that surround it. Mr. Lucas' dedication to helping public housing residents achieve self-sufficiency, and his strong commitment to ensuring the safety and viability of our public housing stock, are testament to his qualifications for this position. I am confident that our nation's housing authorities will be well served by having someone as dynamic and experienced as Mr. Lucas at the helm. Mr. President, I therefore urge the full Senate to conform, without delay, Mr. Lucas to be HUD's new Assistant Secretary for Public and Indian Housing. Commerce Committee And Labor Committee Mr. LOTT. I further ask unanimous consent that the Commerce Committee and the Labor Committee be immediately discharged from further consideration of the following nominations, and further that the Senate then proceed to their consideration: John Moran, Harold Creel, Ashish Sen, Anita Jones, Pamela Ferguson, and nominations in the Public Health Service. The PRESIDING OFFICER. Without objection, it is so ordered. The nominations considered en bloc are as follows: commerce committee John A. Moran, of Virginia, to be a Federal Maritime Commissioner for the term expiring June 30, 2000. Harold J. Creel, Jr., of South Carolina, to be a Federal Maritime Commissioner for the term expiring June 30, 20004. (Reappointment) Ashish Sen, of Illinois, to be Director of the Bureau of Transportation Statistics, Department of Transportation, for the term of four years. labor committee Anita K. Jones, of Virginia, to be a Member of the National Science Board, National Science Foundation, for a term expiring May 10, 2004. Pamela A. Ferguson, of Iowa, to be a Member of the National Science Board, National Science Foundation, for a term expiring May 10, 2004. public health service Public Health Service nominations beginning Robert W. Amler, and ending Cheryl A. Wiseman, which nominations were received by the Senate and appeared in the Congressional Record on April 24, 1998. Public Health Service nominations beginning Marie A. Coffey, and ending Julia C. Watkins, which nominations were received by the Senate and appeared in the Congressional Record on July 7, 1998. nominations of john a. moran and harold j. creel, jr., federal maritime commissioners Mr. LOTT. Mr. President, today the Senate unanimously confirmed the nominations of John A. Moran and Harold J. Creel, Jr. to serve as Federal Maritime Commissioners. John Moran will be replacing Joseph Scroggins on the Commission while Hal Creel will be serving a second term as Chairman of the FMC. I applaud the selection of these two highly qualified individuals for these important positions. John Moran brings more than a decade of congressional and legislative experience in maritime transportation and policy to the FMC. During his nine-year tenure as a staffer in the House and Senate, John focused on a number of important maritime issues, including the Oil Pollution Act of 1990. His work on the 1990 amendments to the Shipping Act of 1984 and the 1991-1992 Advisory Commission on Conferences in Ocean Shipping (ACCOS) ensures that he is well prepared for his FMC assignment. The ACCOS process crystallized the concerns of stakeholders regarding the Shipping Act of 1984 and was a forerunner to S. 414, the Ocean Shipping Reform Act of 1998. This experience will serve John well as he assumes the shared responsibility for implementing that Act. I have great confidence in John Moran's ability and integrity. Hal Creel has been the Chairman of the FMC for more than four years. During that time, the agency has gone from being characterized as ``obsolete'' to being hailed as a champion of free and open access to foreign trade markets. Hal deserves tremendous credit for this reversal of fortune. Through Hal's leadership, the FMC has punished unfair foreign shipping practices in Japan and is reviewing similar concerns regarding shipping practices in China and Brazil. Hal has also demonstrated the FMC's willingness to respond quickly to industry complaints regarding violations of the Shipping Act of 1984. More than 90% of all U.S. international trade is transported by ships. Maintaining a fair and open international ocean shipping system is vital to this nation's economy. Hal is clearly deserving of another term as Chairman of this crucial independent agency. Mr. President, I would also like to take this opportunity to express my thanks to another FMC commissioner, Ming Hsu, for her long service to this agency. Ming Hsu supplies a wealth of experience in Asia-U.S. trade to the FMC. This has proven vital to addressing a number of ocean shipping concerns in this increasingly important trade lane. With the President expected to sign the Ocean Shipping Reform Act of 1998 in the coming days, I am confident that the Federal Maritime Commission, with Hal Creel, John Moran, Ming Hus, and Del Won, is more than ready to implement this landmark legislation. Mr. HOLLINGS. Mr. President, I would like to take a moment to congratulate two nominees, Mr. Hal Creel and Mr. John Moran, upon their confirmation to be Federal Maritime Commissioners. Hal Creel, a native of South Carolina and my former Senior Counsel on the Maritime Subcommittee, has been a Federal Maritime Commissioner for four years. He has served the last two and a half years as the agency's Chairman. As Chairman, he has demonstrated a wide-ranging knowledge of the maritime industry and an outstanding ability to oversee industry activities. Our Nation is extremely fortunate to have such a dedicated individual at the helm of this important government body. Mr. Creel and the Federal Maritime Commission are responsible for overseeing all international liner shipping in the U.S.--over $500 billion in trade. His efforts in the controversy surrounding Japan's restrictive port practices come immediately to mind. The Government of Japan for many years has orchestrated a system that impedes open trade, unjustly favors Japanese companies, and results in tremendous inefficiencies for anyone serving Japan's ports. The FMC, under Mr. Creel's guidance, met these problems head-on and he was instrumental in bringing the two governments to the bargaining table. The bilateral agreement that resulted paves the way for far-reaching changes that can remove these unfair barriers to trade. The progress made to date has occurred in large measure due to the Commission's firm, results-oriented approach. I urge him to continue to keep the Japanese honest, and to perform their agreed upon obligations. Hal Creel also has led the Commission in its efforts to resolve unfavorable trading conditions with the Peoples Republic of China and Brazil. These trades pose differing problems, but circumstances that nonetheless restrict U.S. companies or render their business dealings unnecessarily difficult or simply inefficient. Hal Creel is widely respected by all sectors of the industry as an involved, knowledgeable Chairman who can be trusted to make impartial decisions based on all relevant factors. This has been evidenced by the objective, informed decisions he renders in formal proceedings, his voting record on important agency matters, and the evenhanded enforcement program administered by the Commission. As Chairman of the FMC, Hal Creel has worked hard to curb harmful practices and create equitable trading conditions for the entire industry. He takes a personal stake in these matters and works hard to obtain industry compliance with the laws passed by this Congress. But those who willfully violate the law or intentionally disregard the Nation's ocean shipping policies as contained in the Shipping Act are dealt with appropriately. These are turbulent times in the liner shipping industry, times that call for effective and respected leadership from our Nation's regulatory body. Mr. Creel provides that leadership now, and I am certain will continue to do so as the industry enters the new environment that will result from the Ocean Shipping Reform Act of 1998 passed by this body last week. I am proud of the accomplishments and fine work Hal has done at the FMC. I am also proud that he is a native South Carolinian. He certainly has continued the fine tradition and excellence he established as a staffer and [[Page S12968]] senior counsel for the Senate Commerce Committee. His reappointment is well deserved. I also wish to convey my support for John Moran to become a Commissioner at the FMC. John also is a former Commerce Committee counsel who served all members of that Committee with distinction. John and Hal worked together at the Committee on a bipartisan basis, slugging through tough issues and serving all of the Members well. For my Senate colleagues who do not know Mr. Moran, his only fault is that he is not from South Carolina. He has demonstrated his abilities and intellect time and time again. He is well suited to be a Federal Maritime Commissioner. Currently, John works representing the American Waterways Operators, as their Vice President for legislative affairs. John also has an outstanding reputation within the maritime and transportation industry sectors. I congratulate these two deserving individuals, who have been appointed to the agency which plays such a critical role in international trade. Foreign Relations Committee Mr. LOTT. I also ask unanimous consent that the Foreign Relations Committee be discharged from further consideration of the following nominations which are currently at the desk, and agreed to by both sides, and the Senate proceed to their consideration, en bloc. The nominations considered en bloc are as follows: Robert Patrick John Finn, of New York, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of American to the Republic of Tajikistan. C. Donald Johnson, Jr., of Georgia, for the Rank of Ambassador during his tenure of service as Chief Textile Negotiator. Harold Hongju Koh, of Connecticut, to be Assistant Secretary of State for Democracy, Human Rights, and Labor. Michael J. Sullivan, of Wyoming, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Ireland. William B. Bader, of New Jersey, to be an Assistant Director of the United States Information Agency. R. Rand Beers, of the District of Columbia, a Career Member of the Senior Executive Service, to be an Assistant Secretary of State. E. William Crotty, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Barbados, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to Antigua and Barbuda, to the Commonwealth of Dominica, to Grenada, to St. Kitts and Nevis, Saint Lucia, and to Saint Vincent and the Grenadines. Stuart E. Eizenstat, of Maryland, to be United States Alternate Governor of the International Bank for Reconstruction and Development for a term of five years; United States Alternate Governor of the Inter-American Development Bank for a term of five years; United States Alternate Governor of the African Development Bank for a term of five years; United States Alternate Governor of the African Development Fund; United States Alternate Governor of the Asian Development Bank; United States Alternate Governor of the European Bank for Reconstruction and Development. Robert C. Felder, of Florida, 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 Benin. Simon Ferro, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Panama. Alan Greenspan, of New York, to be United States Alternate Governor of the International Monetary Fund for a term of five years. (Reappointment) Richard Henry Jones, of Nebraska, 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 Kazakhstan. James Vela Ledesma, of California, 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 Gabonese Republic and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Democratic Republic of Sao Tome and Principe. Frank E. Loy, of the District of Columbia, to be an Under Secretary of State. Joseph H. Melrose, Jr., of Pennsylvania, 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 Sierra Leone. George Mu, of California, 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 Cote d'Ivoire. B. Lynn Pascoe, of Virginia, 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 Malaysia. Robert Cephas Perry, 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 Central African Republic. John J. Pikarski, Jr., of Illinois, to be a Member of the Board of Directors of the Overseas Private Investment Corporation for the remainder of the term expiring December 17, 1998. John J. Pikarski, Jr., of Illinois, to be a Member of the Board of Directors of the Overseas Private Investment Corporation for a term expiring December 17, 2001. (Reappointment) Robert C. Randolph, of Washington, to be an Assistant Administrator of the Agency for International Development. Kathryn Dee Robinson, of Tennessee, 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 Ghana. John Shattuck, of Massachusetts, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Czech Republic. George McDade Staples, of Kentucky, 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 Rwanda. Joseph Gerard Sullivan, of Virginia, 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 Angola. C. David Welch, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Assistant Secretary of State. John Melvin Yates, 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 Republic of Cameroon. John Melvin Yates, of Washington, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Equatorial Guinea. Eric David Newsom, of Virginia, to be an Assistant Secretary of State. foreign service Foreign Service nominations beginning Richard M. Brown, and ending Thomas B. Anklewich, which nominations were received by the Senate and appeared in the Congressional Record on September 2, 1998. Foreign Service nominations beginning Aurelia E. Brazeal, and ending William L. Wuensch, which nominations were received by the Senate and appeared in the Congressional Record on September 2, 1998. Foreign Service nominations beginning Judy R. Ebner, and ending Allen S. Weiner, which nominations were received by the Senate and appeared in the Congressional Record on September 23, 1998. Mr. LOTT. I finally ask unanimous consent that the nominations be confirmed, the motions to reconsider be laid upon the table, any statements relating to the nominations appear at the appropriate place in the Record, and the President be immediately notified of the Senate's action. The PRESIDING OFFICER. Without objection, it is so ordered. The nominations were confirmed en bloc. ____________________