[Congressional Record Volume 140, Number 63 (Thursday, May 19, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                           EXECUTIVE SESSION

                                 ______


                           EXECUTIVE CALENDAR

  Mr. FORD addressed the Chair.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. FORD. I ask unanimous consent that the Senate proceed to 
executive session to consider the nomination of Executive Calendar 835, 
Derek Shearer.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
nomination will be stated.


                          DEPARTMENT OF STATE

  The legislative clerk read the nomination of Derek Shearer, of 
California, to be Ambassador to Finland.


                             CLOTURE MOTION

  Mr. FORD. Madam President, I send a cloture motion to the desk.
  The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before 
the Senate the pending cloture motion, which the clerk will state.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close the debate on the nomination 
     of Derek Shearer to be Ambassador to Finland:
         Claiborne Pell, Paul Wellstone, Dennis DeConcini, John F. 
           Kerry, Carl Levin, J. Lieberman, John Glenn, Jeff 
           Bingaman, Byron L. Dorgan, Kent Conrad, Frank R. 
           Lautenberg, Daniel K. Akaka, Charles A. Robb, Patrick 
           Leahy, Tom Daschle, Harlan Mathews.

  Mr. FORD. Madam President, I now ask unanimous consent the Senate 
proceed to Executive Calendar 858, Sam Brown.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
nomination will be stated.


                          department of state

  The legislative clerk read the nomination of Sam W. Brown, Jr., of 
California, for the rank of Ambassador during his tenure of service as 
Head of Delegation to the Conference on Security and Cooperation in 
Europe.


                             cloture motion

  Mr. FORD. I now send a cloture motion to the desk.
  The PRESIDING OFFICER. The motion having been presented under rule 
XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close the debate on the nomination 
     of Sam W. Brown, for the rank of Ambassador during his tenure 
     of service as Head of Delegation to the Conference on 
     Security and Cooperation in Europe:
         Claiborne Pell, Daniel K. Akaka, Edward M. Kennedy, Paul 
           Simon, Paul Wellstone, Carl Levin, Barbara Boxer, Herb 
           Kohl, Jeff Bingaman, Howard Metzenbaum, J.J. Exon, Tom 
           Daschle, Carol Moseley-Braun, Jim Sasser, Wendell Ford, 
           George Mitchell.

  Mr. FORD. Now, Madam President, I ask unanimous consent that the 
cloture vote on the nomination of Derek Shearer immediately follow 
disposition of H.R. 1933, the Martin Luther King Commission.
  I further ask unanimous consent that the cloture vote on the 
nomination of Sam Brown immediately follow disposition of the 
nomination of Derek Shearer or immediately following the cloture vote 
on the Shearer nomination, if cloture is not invoked.
  I ask unanimous consent that the mandatory live quorums be waived.
  I also ask unanimous consent that at 9 a.m. on Tuesday, May 24, the 
Senate proceed to executive session to consider the nominations of 
Derek Shearer and Sam Brown, en bloc; that the time from 9 a.m. to 
12:30 p.m. be equally divided between the chairman and ranking member 
of the Committee on Foreign Relations, or their designees, for debate 
only on either nomination.
  Mr. BROWN. Reserving the right to object, Madam President, and I 
shall not object, I wanted to make it clear that this Senator believes 
debate of Sam Brown's nomination is appropriate prior to the cloture 
vote on Sam Brown.
  I understand that because of other obligations the majority leader is 
not available to review that request at this time. But I am given to 
understand that he will consider that, and it is my hope this body 
would allow at least a period of 4 hours of debate on Sam Brown's 
nomination before a cloture vote.
  I withdraw the reservation.
  The PRESIDING OFFICER. The Senator withdraws the reservation. The 
Senator from Kentucky.
  Mr. FORD. Will the Chair go ahead and proceed with the ruling.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FORD. Madam President, I might say to my friend from Colorado 
that there are now set 3\1/2\ hours that could be given to the debate 
for Sam Brown.
  Now, Madam President, I ask unanimous consent that the Senate 
consider the following nominations: Calendar 900 to and including 905, 
Calendar No. 907 to and including 917; all nominations placed on the 
Secretary's Desk in the Coast Guard and National Oceanic and 
Atmospheric Administration.
  I further ask unanimous consent the nominees be confirmed en bloc; 
that any statements appear in the Record as if read; that upon 
confirmation the motions to reconsider be laid upon the table en bloc; 
that the President be immediately notified of the Senate's action, and 
the Senate return to legislative session.
  Madam President, I wish to amend my unanimous-consent request to 
include Calendar No. 895.
  Mr. BROWN. Reserving the right to object, I assume that includes also 
900 and 901 as well?
  Mr. FORD. The Senator is correct, 900 to and including 905.
  Mr. BROWN. I thank the Senator.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:

                         Department of Defense

       Joshua Gotbaum, of New York, to be an Assistant Secretary 
     of Defense.

                      Department of Transportation

       T.R. Lakshmanan, of New Hampshire, to be Director of the 
     Bureau of Transportation Statistics, Department of 
     Transportation, for the term of four years expiring June 14, 
     1996.

                   Federal Communications Commission

       Rachelle B. Chong, of California, to be a Member of the 
     Federal Communications Commission for a term of five years 
     from July 1, 1992.
       Susan Ness, of Maryland, to be a Member of the Federal 
     Communications Commission for the remainder of the term 
     expiring June 30, 1994.
       Susan Ness, of Maryland, to be a Member of the Federal 
     Communications Commission for a term of five years from July 
     1, 1994.

                      Federal Maritime Commission

       William D. Hathaway, of Maine, to be a Federal Maritime 
     Commissioner for the term expiring June 30, 1998.
       Joe Scroggins, Jr., of Florida, to be a Federal Maritime 
     Commissioner for the remainder of the term expiring June 30, 
     1994.

             National Aeronautics and Space Administration

       Arnold Gregory Holz, of Maryland, to be Chief Financial 
     Officer, National Aeronautics and Space Administration.

                              Coast Guard

       Rear Admiral Robert E. Kramek, U.S. Coast Guard, to be 
     Commandant, United States Coast Guard, for a term of four 
     years with the grade of admiral while so serving.
       The following officer of the U.S. Coast Guard, to be Vice 
     Commandant, United States Coast Guard, with the grade of vice 
     admiral while so serving:
       Rear Adm. Arthur E. Henn.
       The following officer of the U.S. Coast Guard, to be Chief 
     of Staff, United States Coast Guard, with the grade of vice 
     admiral while so serving:
       Rear Adm. Kent H. Williams.
       The following officer of the U.S. Coast Guard, to be 
     Commander, Atlantic Area, United States Coast Guard, with the 
     grade of vice admiral while so serving:
       Rear Adm. James M. Joy.
       The following officer of the U.S. Coast Guard, to be 
     Commander, Pacific Area, United States Coast Guard, with the 
     grade of vice admiral while so serving:
       Rear Adm. Richard D. Herr.
       The following officer of the United States Coast Guard 
     Reserve for appointment to the grade of rear admiral:
       Robert E. Sloncen.
       The following officer of the United States Coast Guard 
     Reserve for appointment to the grade of rear admiral (lower 
     half):
       Richard W. Schneider.
       The following officers of the United States Coast Guard for 
     appointment to the grade of rear admiral:
       Roger T. Rufe, Jr.
       Howard B. Gehring.

            National Oceanic and Atmospheric Administration

       Rear Admiral John C. Albright for appointment in the grade 
     of rear admiral (lower half), while serving in a position of 
     importance and responsibility as Director, Pacific Marine 
     Center, National Oceanic and Atmospheric Administration, 
     under the provisions of title 33, United States Code, section 
     853u.

                              Coast Guard

       The following officers of the United States Coast Guard for 
     appointment to the grade of rear admiral:
       Rudy K. Peschel.
       Gerald F. Woolever.
       Richard D. Herr.
       John W. Lockwood.
       Norman T. Saunders.
       James C. Card.
       The following officer of the United States Coast Guard to 
     be a permanent commissioned officer in the grade of 
     lieutenant commander in the Regular Coast Guard:
       Joanne McCaffrey.


               nominations placed on the secretary's desk

  In the Coast Guard, National Oceanic and atmospheric Administration

       Coast Guard nominations beginning Curtis B. Odom, and 
     ending Eugene R. Lytton, Jr., which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     March 22, 1994.
       Coast Guard nominations beginning Stephen E. Flynn, and 
     ending Maryann P. Smid, which nominations were received by 
     the Senate and appeared in the Congressional Record of April 
     11, 1994
       National Oceanic and Atmospheric Administration nominations 
     beginning Stephen H. Manzo, and ending Lawrence P. 
     Chicchelly, Jr., which nominations were received by the 
     Senate and appeared in the Congressional Record of April 11, 
     1994.


 statement of senator ernest f. hollings on the nomination of rachelle 
                                b. chong

  Mr. HOLLINGS. Madam President, I am pleased that the Senate is 
considering the nomination of Rachelle B. Chong to the Federal 
Communications Commission [FCC].
  Ms. Chong has been nominated as a Republican to serve a term of 5 
years that began July 1, 1992. This seat was formerly held by 
Commissioner Sherrie Marsahll, who resigned on April 30, 1993.
  Ms. Chong is a telecommunications attorney and partner in the San 
Francisco law firm of Graham & James. She has been a member of the firm 
since 1987. Ms. Chong was also a former member of the Washington law 
firm of Kadison, Pfaelzer, Woodward, Quinn & Rossi, where she practiced 
from 1984 to 1987.
  Ms. Chong was born in Stockton, CA in 1959. She graduated Phi Beta 
Kappa from the University of California at Berkeley in 1981. She 
received her law degree from Hastings College in 1984, where she was 
editor of the school's law journal.
  In her nomination hearing before the Senate Commerce Committee on May 
10, 1994, Ms. Chong demonstrated that she understands the many 
important issues facing the FCC. I urge my colleagues to support Ms. 
Chong's confirmation, and I look forward to working closely with her 
once she is confirmed.


statement of senator ernest f. hollings on the nomination of susan ness

  Mr. HOLLINGS. Madam President, I rise today to support the nomination 
of Susan Ness to the Federal Communications Commission [FCC].
  Ms. Ness has been nominated as a Democrat to serve the remainder of a 
term expiring June 30, 1994, and to serve a full 5-year term that 
begins July 1, 1994. The seat with the unexpired term was formerly held 
by Commissioner Ervin S. Duggan who resigned on January 31, 1994, to 
become the president of the Public Broadcasting Service.
  Ms. Ness worked from 1983 to 1992 in the Communications Industries 
Division of the American Security Bank in Washington, DC. While there, 
Ms. Ness served in several capacities, including group head and vice 
president. Prior to this, Ms. Ness served as an assistant counsel to 
the House Committee on Banking, Currency and Housing, and as an 
attorney/advisor for the Consumer Product Safety Commission.
  Ms. Ness, a native of Elizabeth, NJ, received her B.A. from Douglass 
College at Rutgers and J.D. from Boston College Law School. Ms. Ness 
subsequently received an MBA from the University of Pennsylvania's 
Wharton School in 1983.
  Ms. Ness' nomination hearing was held before the Senate Commerce 
Committee on May 10, 1994, and her knowledge and understanding of the 
important issues facing the FCC was unquestionable. In particular, the 
FCC is grappling with implementation of the new Cable Act and spectrum 
allocation. I urge my colleagues to support Ms. Ness' confirmation, and 
I look forward to working closely with her once she is confirmed.


statement of senator ernest p. hollings on the nomination of william d. 
                                hathaway

  Mr. HOLLINGS. Madam President, I am pleased that the Senate is 
considering the renomination of William D. Hathaway to the Federal 
Maritime Commission [FMC]. The Commerce Committee reported the 
nominations of Bill Hathaway without objection on May 17, 1994.
  The FMC is charged with the administration of the regulatory 
provisions of the shipping laws. As an independent regulatory 
commission, the FMC plays a vital role in the domestic and foreign 
trade of the United States.
  In carrying out its responsibilities for the regulation of the 
oceanborne transportation in the foreign commerce of the United States, 
the FMC must ensure that such trade is conducted fairly and that it is 
not burdened by nonmarket barriers to ocean shipping. The FMC is 
authorized to take action and impose sanctions to correct unfavorable 
shipping conditions in the U.S. foreign commerce. Among its duties are 
the regulation of domestic rates, receipt and review of tariffs, and 
protection of the U.S. shipping industry against unduly discriminatory 
practices of ocean common carriers in the domestic offshore trades of 
the United States.
  In this regard, the vast experience of this nominee in the U.S. 
maritime industry should prove to be of great value to the FMC. Given 
the recent political events in the world, the FMC may be faced with 
even greater challenges in the upcoming years. I am sure that Bill 
Hathaway is well prepared for these new challenges.
  Bill Hathaway is currently serving as Chairman of the FMC. He has 
held that position since April 1993, when the former Chairman, Chris 
Koch, resigned. Prior to his service on the FMC, he served in various 
government positions in the State of Maine and in the Federal 
Government. He was also self-employed as an attorney in his own law 
firm as well as in partnership with others.
  As most of you know, Bill served as a U.S. Senator, Democrat from 
Maine, from 1973 to 1979. He also served in the U.S. House of 
Representatives, Democrat from Maine, from 1965 to 1973, where he was a 
member of the Merchant Marine and Fisheries Committee. Before being 
nominated to his current term as an FMC Commissioner, he was employed 
by the Washington, DC law firm of Patton, Boggs & Blow from 1979 
through 1990.
  Bill attended Harvard from both undergraduate school and law school. 
He received his A.B. degree from Harvard in 1949 and his J.D. from 
Harvard Law School in 1953.
  I urge my colleagues to support Bill Hathaway's confirmation, and I 
look forward to working closely with him.


   statement of senator ernest f. hollings on the nomination of joe 
                             scroggins, jr.

  Mr. HOLLINGS. Madam President, I am pleased that the Senate is 
considering the nomination of Joe Scroggins, Jr., to the Federal 
Maritime Commission [FMC]. The Commerce Committee reported the 
nomination of Mr. Scroggins without objection on May 17, 1994.
  Mr. Scroggins has over 30 years of experience working in the maritime 
industry in both the public and private sector. He has seafaring 
experience as an officer aboard several merchant vessels. From 1969 
through 1971, he served as an assistant dean at the U.S. Merchant 
Marine Academy, where he developed a nationwide minority recruitment 
program designed to attract qualified minority students. He has also 
served as director of facilities for the Port of Houston Authority and 
has most recently served as the deputy port director for the Tampa Port 
Authority.
  Mr. Scroggins received his B.S. degree from the U.S. Merchant Marine 
Academy in 1963. He later earned his M.B.A. degree from Harvard 
Business School in 1973.
  As you can see, Mr. Scroggins is well qualified to be a Federal 
Maritime Commissioner and I urge my colleagues to support his 
confirmation.


statement of senator hollings on the nominations of vice admiral kramek 
 to be commandant, and rear admiral henn to be vice commandant of the 
                            U.S. coast guard

  Mr. HOLLINGS. Madam President, today the Senate is considering the 
nominations of Vice Adm. Robert E. Kramek to be Commandant and Rear 
Adm. Arthur E. Henn to be Vice Commandant of the U.S. Coast Guard.
  These are especially challenging times for the Coast Guard, for it 
continues to be called upon to carry out a number of important 
missions. The Coast Guard has been on the front line in responding to 
oil spills, participating in military operations, and carrying out its 
many other maritime roles. In order for the Coast Guard to continue its 
tradition of excellence, it must have strong, qualified leadership, and 
Admiral Kramek and Admiral Henn provide just this type of leadership.
  Rear Admiral Kramek presently is the chief of staff of the Coast 
Guard, serving as commanding officer of USCG Headquarters and the 
senior rear admiral. He is both a surface operations specialist and 
naval engineer with extensive service in all Coast Guard regions, 
including the Atlantic, Pacific, Caribbean, and Alaska regions. Admiral 
Kramek has headed the Haitian migration task force and was the 
coordinator for the ``War on Drugs'' in the Southeastern United States 
and the Caribbean. A native of New York City, he is a 1961 graduate of 
the Coast Guard Academy. His postgraduate education includes master of 
science degrees in naval architecture and marine engineering, 
mechanical engineering, and engineering management. He attended 
postgraduate school at the University of Michigan, Johns Hopkins 
University, and the University of Alaska.
  Admiral Kramek's awards include the Coast Guard Distinguished Service 
Medal, two Legion of Merit Awards, the Meritorious Service Medal, Coast 
Guard Commendation, and Achievement Medals, and the Humanitarian 
Service Medal with bronze star.
  Rear Admiral Henn currently is the head of the Coast Guard Office of 
Marine Safety, Security, and Environmental Protection. For 21 of his 31 
years of service, he has specialized in maritime safety and 
environmental protection. A 1962 graduate of the Coast Guard Academy, 
Admiral Henn also earned combined master of science degrees in naval 
architecture, marine engineering, and metallurgical engineering from 
the University of Michigan in 1968. He is a native of Cincinnati, OH.
  Admiral Henn's awards include the Legion of Merit, two Meritorious 
Service Medals, Coast Guard Commendation, and Achievement Medals, and 
two Commandant's Letter of Commendation Ribbons.
  Admiral Kramek and Admiral Henn are highly qualified for these 
important positions in the Coast Guard and I am confident that they 
will continue to serve our country with the same diligence and 
commitment as they have served in the past. I urge my colleagues to 
join with me in approving these nominations.

                          ____________________