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CONGRESSIONAL RECORD—SENATE S10596

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									      S10596                                             CONGRESSIONAL RECORD — SENATE                                                       July 31, 2003
        Captain Berthold is the son of retired                 military career comes to an end. And I                 cessful. The Republican leadership was
      USAR, Brigadier General Julius L.                        congratulate him on his retirement.                    nonetheless insistent on diverting
      Berthold. I am pleased to say he at-                                       f                                    hours from debate on the Energy bill in
      tended the University of Louisville as                                                                          order to create partisan talking points.
      an NROTC Midshipman and graduated                          NOMINATION OF CAROLYN KUHL                           This is another example of how this ad-
      in 1978. Upon graduation he was com-                       Mr. LEAHY. Mr. President, the Re-                    ministration and its aides here in the
      missioned as an Ensign in the U.S.                       publican leadership’s actions this week                Senate are seeking to use judicial
      Navy, and shortly after completing                       were an attempt to create the impres-                  nominations for partisan purposes.
      Surface Warfare Officer School he re-                    sion that Senate Democrats are stall-                  That is most unfortunate.
      ported to his first assignment on board                  ing judicial nominations. Rather than                    Republican partisans have changed
      the USS O’Bannon, DD 987, serving                        work with us to confirm the five con-                  the practices and rules of the Senate
      first as Auxiliary Officer and then as                   sensus judicial nominations that have                  that have helped over time to encour-
      the Main Propulsion Assistant.                           been before the Senate and available                   age the White House to work with
        Captain Berthold began his extensive                   for action all week, the Republican                    home-State Senators and to consult
      study in aircraft carrier design in 1982,                leadership has chosen to schedule clo-                 with both sides of the aisle in the Sen-
      when he enrolled in the Naval Post-                      ture vote after cloture vote on the                    ate. When judicial nominations were
      graduate School of Monterey, CA, and                     most divisive, controversial and ex-                   being made by a Democratic President,
      earned an MS degree in Mechanical En-                    treme of this President’s judicial nomi-               the objection of a single home-State
      gineering. He was selected for the                       nees.                                                  Senator would have prevented any ac-
      Naval Nuclear Power Training Pro-                          Senators have spoken to the conten-                  tion on a judicial nomination. As the
      gram, which led to training assign-                      tious nominations Republicans have                     chairman of the Judiciary Committee
      ments at the Naval Nuclear Power                         tried to force through the Senate con-                 acknowledged in 1999, under the prac-
      School in Orlando, FL, and the Nuclear                   firmation process this week. This is a                 tices of the committee, no nomination
      Prototype Propulsion Plant Training                      striking difference from the days in                   opposed by both home-State Senators
      Unit in Ballston Spa, NY. His assign-                    which more than 60 of President Clin-                  would proceed. Yet now that the Presi-
      ments took him from the decks of the                     ton’s judicial nominees were stalled                   dent is a Republican and the home-
      USS Theodore Roosevelt, CVN 71, where                    and defeated by anonymous holds and                    State Senators are Democrats, the
      he served as the Electrical Officer, to                  secret objections. Just as I made Judi-                rules are changed and traditional prac-
      the shores of Virginia where, in 1989, he                ciary Committee blue slips and the                     tices are conveniently abandoned.
      was assigned as the Aircraft Carrier                     process by which the committee                           The big picture is that we have the
      New Construction Principle Assistant                     consults with home-state Senators                      most confrontational President in re-
      Project Officer on the staff of the Su-                  public when I chaired the committee in                 cent history. His administration is
      pervisor of Shipbuilding at Newport                      2001, Democratic Senators have not op-                 committed to a plan to pack the Fed-
      News. Here, he assisted in the planning                  posed nominees without coming before                   eral courts with nominees of a narrow
      and execution of the construction, test                  the Senate and making known their                      judicial ideology. Compounding the sit-
      & trials, and delivery of the USS George                 concerns.                                              uation, the Republican leadership in
      Washington, CVN 73. On later tours, he                     During the 17 months a Democratic                    the Senate has decided to assist the ad-
      oversaw the delivery of both the USS                     Senate majority reviewed this Presi-                   ministration in this effort at all costs.
      Harry S Truman, CVN 75, and the USS                      dent’s judicial nominees we were able                  Longstanding Senate practices and
      Ronald Reagan, CVN 76.                                   to confirm 100 judges. This year, we                   rules have been broken. Home-State
        Most recently, Captain Berthold                        have cooperated in the confirmation of                 Senators are being ignored or over-
      served as Program Manager for the                        45 additional judges. The total con-                   ridden if they are Democratic Sen-
      Navy’s future aircraft carrier programs                  firmations already number 145. We                      ators, committee rules are being
      at the Navy’s Program Executive Of-                      have worked in good faith to reduce ju-                breached, committee practices of the
      fice for Aircraft Carriers in Newport                    dicial vacancies to the lowest level in                last 25 years are being ignored in a
      News, VA. He has played a key role in                    the last 13 years and to increase the                  rush to steamroll the Senate.
      developing new and innovative acquisi-                   full-time judge on the Federal bench                     Sadly, the most partisans have made
      tion strategies for the design and con-                  across the country to the highest num-                 detestable arguments and injected reli-
      struction of the final Nimitz Class Air-                 ber in our history. We continue to                     gion into the debate. Regrettably, the
      craft Carrier, USS George H W Bush,                      work in good faith and the Democratic                  Senate under its current leadership has
      CVN 77, and the new CVN 21 class. This                   Senators on the Judiciary Committee                    abandoned its constitutional role as a
      new class of aircraft carrier design sets                have joined in reporting at least a                    check on the Executive.
      a new standard for war-fighting capa-                    dozen additional judicial nominations                    So we have the most aggressive Ad-
      bility and will influence the readiness                  favorably to the Senate. Working to-                   ministration in recent history and its
      of our military throughout the 21st                      gether the Republican and Democratic                   efforts to pack the courts are being fa-
      century.                                                 leadership will be able to schedule de-                cilitated by efforts of the Republican
        Captain Berthold has earned a great                    bate and votes on those judges.                        Senate majority and its willingness to
      number of personal decorations, includ-                    There are other nominees I frankly                   remove all the processes and practices
      ing the Meritorious Service Medal with                   do not support and that large numbers                  that had been available to the Senate
      three Gold Stars, the Navy Commenda-                     of Senators do not support. And yet, as                to provide a check and balance. As
      tion Medal with one Gold Star, and the                   chairman, I did something our Repub-                   they remove the mechanisms that had
      Navy Achievement Medal. I am proud                       lican predecessor never did, I proceeded               traditionally provided incentives for
      to represent such a fine Kentuckian in                   on judicial nominations I opposed.                     the Executive to consult with the Sen-
      the U.S. Senate, and I thank him for                     Some were confirmed; a few have been                   ate, the administration has refused to
      his dedication to the people of the                      so extreme and controversial that they                 moderate its actions. Instead, Repub-
      United States. His list of accomplish-                   have not been confirmed. Ours is a                     lican partisans have ratcheted up the
      ments is great, yet being the son of re-                 good record and a fair record.                         points of contention and conflict.
      tired USAR, Brigadier General Bud                          It is a record that shows we have                    Rather than work in a bipartisan way
      Berthold, whom I consider to be a close                  sought, as Senator BAUCUS explained                    to unite the country and maintain a
      personal friend and wonderful role                       recently, to protect the essential inde-               balanced and independent federal judi-
      model, certainly ranks high on that                      pendence of the judiciary, to support                  ciary, Republicans insist on the expe-
      list. While the Navy will lose a loyal                   fair-minded impartial judges, and to                   dited confirmation of every nomina-
      seaman, his wife, Deborah Lynn, and                      protect the essential rights of all                    tion no matter how extreme. With all
      two children, Bryant and Bridgette,                      Americans.                                             of the other, traditional screening
      will welcome him home with open                            This week we have witnessed a num-                   mechanisms removed, only one Senate
      arms. I wish Captain Dudley B.                           ber of unsuccessful cloture petitions.                 procedure is left—the filibuster. All
      Berthold the traditional naval wish of                   When the Republicans filed these peti-                 their talk about supposed obstruc-
      ‘‘Fair winds and Following seas’’ as his                 tions they knew they would be unsuc-                   tionism is just that, partisan talking



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      July 31, 2003                                      CONGRESSIONAL RECORD — SENATE                                                                   S10597
      points. The factors that have led to                     the pursuit of a master’s degree. Named in             themselves over to help you,’’ she said. ‘‘As
      more filibusters than usual this week                    honor of former Senator George J. Mitchell             soon as you express an interest in some-
      have been the actions of the adminis-                    for his role in the Northern Irish peace proc-         thing, the opportunity is there.’’
                                                               ess, the scholarship’s explicit objective is to          The scholars also improvised when they
      tration and Senate Republicans.                                                                                 found Irish culture less familiar with the
                                                               instill an appreciation for Ireland in a gen-
        These matters need not be conten-                      eration of up-and-coming Americans.                    idea of internships or entrepreneurial volun-
      tious. The process starts with the                         To that end, Irish-American applicants               teer work. With her professor at Trinity Col-
      President. If this administration would                  have no advantage in the competition for the           lege, Ms. Huh approach a charity based in
      work with us, we could avoid these sit-                  12 places, said the program’s founder, Trina           Dublin and ended up in Bangladesh for five
      uations. We have and will continue to                    Vargo, and the Mitchells are financed by               weeks, doing research on malnutrition.
      work with the administration. We                         groups that may stand to benefit from the              Mariyam Cementwala, from Bakerfield,
                                                               warm feelings of Americans. In 1998, the               Calif., organized a conference on human
      would like to be more helpful in the
                                                               Irish government gave more than $4 million             rights for 120 people at the National Univer-
      President’s identification of nominees                   for an initial endowment, while sponsors in-           sity of Ireland at Galway.
      and advising him on the selection of                     clude the British government and some of                 With an allowance from an Irish travel
      consensus nominees so that we can join                   the largest corporations in Ireland. (Nine             company, the latest group of Mitchell schol-
      together in adding those confirmations                   major Irish universities provide room and              ars went on impromptu road trips around the
      to the 145 so far achieved.                              board and waive tuition for Mitchell recipi-           country, visiting one another at their uni-
                         f                                     ents.)                                                 versities almost once a moth, and some trav-
                                                                 Those donations provide for a $12,000 sti-           eled together to Scotland. Also through Ms.
      GEORGE J. MITCHELL SCHOLAR-                              pend and trans-Atlantic airfare.                       Vargo, they went on a hiking trip in the
        SHIP PROGRAM AND U.S.-IRISH                              Mitchell recipients understand that the              Wicklow Mountains guided by a Dublin busi-
        RELATIONS                                              foundation behind the program, the U.S.-Ire-           nessman, and they celebrated Thanksgiving
                                                               land Alliance, which is based in Washington,           together at a lawyer’s Dublin home.
        Mr. KENNEDY. Mr. President, yes-                       wants them to become good-will ambas-                    To use their own term, they bonded. They
      terday’s New York Times carried a                        sadors for Ireland. Rather than balk at the            share an easy rapport—Ms. Mark called the
      very interesting article about a new                     responsibility, they say that emotional and            group ‘‘the world’s perfect dinner party’’—
      scholarship program created three                        intellectual links are exactly what they ex-           whether milling about at the program’s clos-
      years ago to encourage young Ameri-                      pect to gain from their year here.                     ing ceremonies with political leaders like
                                                                 ‘‘I didn’t feel pressure that I ultimately           Senator Mitchell and Sinn Fein’s president,
      cans to pursue graduate study in Ire-                    need to do some great work for Ireland,’’ said
      land and learn more about that coun-                                                                            Gerry Adams, or holding up the bar at the
                                                               Jeannie Huh, a West Point graduate who                 Europa Hotel.
      try and its long-standing ties of his-                   studied public health at Trinity College.                The program’s sponsors seem to feel that
      tory and heritage to the United States.                  ‘‘But I definitely do feel that over the course        even that bar tab is money well spent. Gerry
        The program is called the George J.                    of the year I have built a spot in my heart            McCrory, 40, heads a venture capital fund in
      Mitchell Scholarship Program. The                        for the country and the people. I think that’s         Dublin called Cross Atlantic Capital Part-
      name honors our former Senate Major-                     just inevitable.’’                                     ners that gives about $30,000 a year to the
                                                                 Most Mitchell scholars try to blend into             Mitchell program. He said he looked forward
      ity Leader George Mitchell, who is es-
                                                               Irish society by complementing their studies           to when the Mitchell Scholars would posi-
      pecially admired in Ireland and among                    with internships, part-time jobs and commu-
      Irish Americans and even in Great                                                                               tively influence the relationship between the
                                                               nity work. In the last few years, three                United States and Ireland.
      Britain for his leading role in recent                   Mitchell recipients withdrew from the run-               ‘‘It’s going to be at least another 20 or 30
      years in advancing the peace process in                  ning for Rhodes Scholarships, and that mul-            years until they’re in a position to make
      Northern Ireland as Special Advisor to                   tidisciplinary approach is one reason.                 those decisions,’’ he said, ‘‘but I think it’s
      President Clinton on Ireland.                              ‘‘It was more than just an academic pro-             the right thing to do. It’s a long-term invest-
        The Scholarships were created by the                   gram; it has that cultural element,’’ said             ment.’’
                                                               Georgia Miller Mjartan, who was a Rhodes
      U.S.-Ireland Alliance, a non-partisan,                                                                            There being no objection, the mate-
                                                               semifinalist from Arkansas when she won a
      non-profit organization founded in 1998                  Mitchell Scholarship. She said that she real-          rial was ordered to be printed in the
      by my former foreign policy adviser,                     ized at her Mitchell interview that she would          RECORD, as follows:
      Trina Vargo, who is well known to                        accept the scholarship if it was offered.                [From the New York Times, July 30, 2003]
      many of us in Congress for her out-                        ‘‘I knew that, as far as prestige, it would be           MITCHELL SCHOLARS DELVE INTO IRISH
      standing work in Irish issues. As many                   good for me to go through with the Rhodes                               CULTURE, TOO
      of our colleagues in the Senate and the                  process, even if I didn’t take it,’’ she said.
                                                                                                                                     (By Brian Lavery)
                                                               But Ms. Mjartan, who is 23 and lived in
      House know, the Alliance has worked                                                                               DUBLIN, July 29.—When Emily Mark ar-
                                                               Carrickfergus, Northern Ireland, over the
      closely with both Republicans and                        last year, withdrew her application after              rived in Dublin to study art history at Trin-
      Democrats to strengthen the ties be-                     learning that her place, if she won, would             ity College, she postponed worrying about
      tween the United States and Ireland.                     not be awarded to an alternate candidate if            classes until she found a traditional musi-
        The twelve Mitchell Scholars se-                       she declined the scholarship. ‘‘That wouldn’t          cian to teach her the Irish style of playing
      lected each year are outstanding young                   be right, because I would be taking it away            five-string claw-hammer banjo.
                                                               from someone else,’’ she said.                           This month, Ms. Mark completed a Mitch-
      American students who are gifted aca-
                                                                 The application process is intended to be            ell Scholarship, a program that often sounds
      demically, and who show promise for                                                                             more like a cultural immersion course than
                                                               friendly, with one short essay and interviews
      future leadership in the public or pri-                  that focus on identity and personality in-             the pursuit of a master’s degree. Named in
      vate sectors in maintaining close ties                   stead of academic detail, Ms. Vargo said.              honor of former Senator George J. Mitchell
      between the United States and Ireland.                   Those who are accepted are encouraged to               for his role in the Northern Irish peace proc-
      I commend Ms. Vargo and the U.S.-Ire-                    wait until they hear from other scholarship            ess, the scholarship’s explicit objective is to
      land Alliance for the prestige and popu-                 programs before deciding which to choose.              instill an appreciation for Ireland in a gen-
      larity the scholarships have earned so                     ‘‘You want them to have a reason to be               eration of up-and-coming Americans.
                                                               here, and a really good understanding of why             To that end, Irish-American applicants
      quickly, and I ask unanimous consent
                                                               they’re here,’’ Ms. Vargo said.                        have no advantage in the competition for the
      that the New York Times article may                        Ms. Vargo, a former foreign policy adviser           12 places, said the program’s founder, Trina
      be printed in the RECORD.                                to Senator Edward M. Kennedy, knows Irish              Varago, and the Mitchells are financed by
        [From the New York Times, July 30, 2003]               business and political circles well, and               groups that may stand to benefit from the
                                                               Mitchell scholars often use her network of             warm feelings of Americans. In 1998, the
          MITCHELL SCHOLARS DELVE INTO IRISH
                                                               connections. Last year, she introduced Mark            Irish government gave more than $4 million
                       CULTURE, TOO
                                                               Tosso to the top official in the prime min-            for an initial endowment, while sponsors in-
                     (By Brian Lavery)                         ister’s office, who found him a job con-               clude the British government and some of
        DUBLIN, July 29.—When Emily Mark ar-                   ducting a review of communications systems             the largest corporations in Ireland. (Nine
      rived in Dublin to study art history at Trin-            for employees throughout the Irish govern-             major Irish universities provide room and
      ity College, she postponed worrying about                ment. ‘‘They had this project which was put-           board and waive tuition for Mitchell recipi-
      classes until she found a traditional musi-              tering along, and they needed someone to               ents.)
      cian to teach her the Irish style of playing             take charge of it,’’ Mr. Tosso said.                     Those donations provide for a $12,000 sti-
      five-string claw-hammer banjo.                             In the same way, Ms. Mark, the banjo play-           pend and trans-Atlantic airfare.
        This month, Ms. Mark completed a Mitch-                er, met a Dublin lawyer who hired her to                 Mitchell recipients understand that the
      ell Scholarship, a program that often sounds             help set up a new fund-raising arm for Am-             foundation behind the program, the U.S.-Ire-
      more like a cultural immersion course than               nesty International. ‘‘Everyone just bowls             land Alliance, which is based in Washington,




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