October 5, 1999 CONGRESSIONAL RECORD Ð SENATE S11921 is going to create division and animus Mr. SCHUMER. I thank the Senators Association or by a State Federation of in this country of ours. from Arizona, Oklahoma, and Con- Police Chiefs. I don't think we have Mr. NICKLES. Mr. President, regular necticut for their courtesy, and the done that in my Senate career. order. I will answer a question. If the President as well. Does the Senator know of any in- Senator wants to make a speech, he I would like to make some remarks stance where we have ignored the rec- can make the speech on his own time. in contraposition to the Senator from ommendations of major law enforce- Mr. SCHUMER. I will yield back my Oklahoma. I say that without casting ment officers? time to the Senator, retract my ques- any impugning of any motivations as The PRESIDING OFFICER. The Sen- tion, and ask unanimous consent that I to why people voted. ator's 3 minutes have expired. might speak for 3 minutes. It seems to me that this being, as I Mr. SCHUMER. I ask unanimous con- The PRESIDING OFFICER. Is there understand it, the first time we have sent for 30 seconds to respond to the objection? this year rejected a Senate candidate Senator's question. The Senator from Oklahoma. on the floorÐand I understand that The PRESIDING OFFICER. Without Mr. NICKLES. I didn't know my col- there were recommendations from the objection, it is so ordered. league wanted to engage in this. I was home StateÐI still find myself very Mr. SCHUMER. I thank the Senator. not clear that the Senator wanted to troubled by that rejection. I find my- I don't know of cases. But I would want make a speech. self troubled because we do need diver- to have examined the record about I want to say absolutely and posi- sity on our bench. We need to, in my those questions and the questions I tively that there is no ``color test.'' No judgment, try to have more African asked before we moved so hastily to re- one raised that suggestion, that I am Americans on the bench. ject this nominee. It so happened that aware of, during the Clarence Thomas There is not an African American there were votes on the other side in confirmation. I want to clarify again. I Member of this body. I find that regret- committee for this nominee that had several colleagues say they did not ful. The first impression I had the first abruptly reversed themselves without know what race Mr. White is. I think it day I walked on the floor was that. And any explanation as to why. is very much uncalled for and incorrect I guess what I would like to do is just I yield my time. for anybody to make that kind of im- call into question why this nomination The PRESIDING OFFICER. The Sen- plication. was rejected. I would ask that we ex- ator's time has expired. I yield the floor. amine. I know one of the reasons was f Mr. SCHUMER. Will the Senator the opposition of this nominee to the AIR TRANSPORTATION yield for a question? death penalty. I happen to be for the IMPROVEMENT ACTÐResumed The PRESIDING OFFICER. The death penalty. I wrote the death pen- Chair advises that the pending business alty law when I was in the House. But The PRESIDING OFFICER. Under before the Senate is the vote on the I would like to ask how many other the regular order, we are now in legis- Robb amendment. Unless there is nominees we have rejected because of lative business. unanimous consent to move beyond opposition to the death penalty. The Senator from Connecticut. that vote, debate is not in order. I am told that one of the Senators AMENDMENT NO. 2241 Mr. SCHUMER. Mr. President, I ask who objected from Missouri actually (Purpose: To require the submission of infor- unanimous consent to address the Sen- nominated judges on that State court mation to the Federal Aviation Adminis- ate for 3 minutes. who agreed with Ronnie White on the tration regarding the year 2000 technology The PRESIDING OFFICER. The Sen- very case that has been brought into problem, and for other purposes) ator from Arizona is recognized. question. Mr. DODD. Mr. President, I call up Mr. MCCAIN. Mr. President, I respect So if we are not to be accused of amendment No. 2241. the right of my friend from New York. maybe having two standards, I think The PRESIDING OFFICER. The In behalf of the Senator from Con- we ought to be very careful. clerk will report. necticut, who is waiting, we have pend- I respect each Senator's right to op- The legislative clerk read as follows: ing business we are trying to finish pose nominations for judge. I respect The Senator from Connecticut (Mr. DODD), today. I ask unanimous consent that the idea that we often defer to our col- for himself, Mr. BENNETT, Mr. MCCAIN, Mr. the Senator from New York be allowed leagues in their home States. But I ROCKEFELLER, and Mr. HOLLINGS, proposes an amendment numbered 2241. to speak for 3 minutes. Hopefully, we think there is a higher calling here. can move on. That is, because this was one of the few Mr. DODD. Mr. President, I ask unan- The PRESIDING OFFICER. Is there African American nominees to reach imous consent that reading of the objection? this floor, we ought to be extra careful amendment be dispensed with. Without objection, it is so ordered. to make sure the standard was not The PRESIDING OFFICER. Without Mr. SCHUMER. I very much appre- being used that we haven't used for objection, it is so ordered. ciate the courtesy. some other nominees who have come The amendment is as follows: The PRESIDING OFFICER. Will the before this body this year. At the appropriate place, insert the fol- Senator withhold? I disagree with that nominee on the lowing: ll Without objection, the vote on the issue at hand. But I still think that we SEC. FEDERAL AVIATION ADMINISTRATION YEAR 2000 TECHNOLOGY SAFETY EN- Robb amendment is laid aside. should have extra sensitivity, given the FORCEMENT ACT OF 1999. Mr. MCCAIN. Mr. President, could I long history of division in this country (a) SHORT TITLE.ÐThis section be cited as ask for recognition. and the need to try to bring some the ``Federal Aviation Administration Year The PRESIDING OFFICER. The Sen- equality onto our bench in the sense 2000 Technology Safety Enforcement Act of ator from Arizona may clarify his that we have a diverse and representa- 1999''. unanimous consent. tive judiciary. (b) DEFINITIONS.ÐIn this section: (1) ADMINISTRATOR.ÐThe term ``Adminis- Mr. MCCAIN. Mr. President, prior to I hope my colleagues will examine the Senator from New York being rec- trator'' means the Administrator of the Fed- those questions. I do not know the an- eral Aviation Administration. ognized, I ask unanimous consent the swers to them. But my guess is, we (2) AIR CARRIER OPERATING CERTIFICATE.Ð vote on or in relation to the Robb have unanimously approved or ap- The term ``air carrier operating certificate'' amendment be postponed, to occur in proved overwhelmingly judges who has the same meaning as in section 44705 of the next stacked sequence of votes, have the same view as Judge Ronnie title 49, United States Code. and, prior to the vote, Senators ROBB, White on this very controversial issue. (3) YEAR 2000 TECHNOLOGY PROBLEM.ÐThe WARNER, BRYAN, and MCCAIN be given 5 Mr. NICKLES. Mr. President, will the term ``year 2000 technology problem'' means minutes each for closing remarks and Senator yield for a question? a failure by any device or system (including that the amendment now be laid aside. Mr. SCHUMER. I would be happy to any computer system and any microchip or integrated circuit embedded in another de- The PRESIDING OFFICER. Without yield for a question. vice or product), or any software, firmware, objection, it is so ordered. Mr. NICKLES. To my knowledge, we or other set or collection of processing in- The Senator from New York is recog- have never confirmed a nominee who structions to process, to calculate, to com- nized for 3 minutes. was opposed by the National Sheriffs pare, to sequence, to display, to store, to S11922 CONGRESSIONAL RECORD Ð SENATE October 5, 1999 transmit, or to receive year-2000 date-related (A) to deal with or account for transitions I suppose that you and others would data failuresÐ or comparisons from, into, and between the assume that members of the safety- (A) to deal with or account for transitions years 1999 and 2000 accurately; conscious aviation community would or comparisons from, into, and between the (B) to recognize or accurately process any be eager to reassure the public by re- years 1999 and 2000 accurately; specific date in 1999, 2000, or 2001; or (B) to recognize or accurately process any (C) to accurately account for the year sponding to the FAA's request for in- specific date in 1999, 2000, or 2001; or 2000's status as a leap year, including rec- formation about their Y2K status. Mr. (C) to accurately account for the year ognition and processing of the correct date President, if you made that assump- 2000's status as a leap year, including rec- on February 29, 2000. tion, unfortunately, you would be ognition and processing of the correct date (c) RESPONSE TO REQUEST FOR INFORMA- wrong. on February 29, 2000.