[Congressional Record Volume 140, Number 146 (Saturday, October 8, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                           EXECUTIVE SESSION

                                 ______


                           EXECUTIVE CALENDAR

  Mr. BUMPERS. Mr. President, I ask unanimous consent that the Senate 
proceed to executive session to consider the following nominations:
  --Calendar 1161. Gary N. Kimble, to be Commissioner of the 
Administration for Native Americans, Calendar 1225, Robert C. Larson, 
to be a member of the Thrift Depositor Protection Oversight Board, 
Calendar 1390. Philip Lader, to be Administrator of the SBA
  I further ask unanimous consent that 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.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:

                Department of Health and Human Services

       Gary Niles Kimble, of Montana, to be Commissioner of the 
     Administration for Native Americans, Department of Health and 
     Human Services.

                      Resolution Trust Corporation

       Robert C. Larson, of Michigan, to be a Member of the Thrift 
     Depositor Protection Oversight Board for a term of 3 years.

                               Air Force

       The following named officer for appointment to the grade of 
     lieutenant general on the retired list pursuant to the 
     provisions to Title 10 United States Code, section 1370:

                        To be lieutenant general

       Lt. Gen. Buster C. Glosson, 000-00-0000, United States Air 
     Force.
       The following named officer for appointment in the United 
     States Air Force to the grade of brigadier general under the 
     provisions of title 10, United State Code, section 624:

                        To be brigadier general

       Col. Claude M. Bolton, Jr., 000-00-0000, Regular Air Force.
       The following named office for appointment to the grade of 
     lieutenant general on the retired list pursuant to the 
     provisions of Title 10, United States Code, Section 1370:

                        To be lieutenant general

       Lt. Gen. Edward P. Barry, Jr., 000-00-0000, United States 
     Air Force.

                     Small Business Administration

       Philip Lader of South Carolina, to be Administrator of the 
     Small Business Administration.


statement on the nomination of philip lader to be administrator of the 
                     small business administration

  Mr. PRESSLER. Mr. President, it is my great pleasure to rise in 
strong support of the President's nomination of Philip Lader to be the 
next Administrator of the Small Business Administration. It is not 
often we get the chance as part of our official duties to stand in 
support of the nomination of an old friend. However, as ranking member 
of the Small Business Committee, that is my happy duty today.
  I have known Phil since our days together in law school almost 25 
years ago. He has a wonderful family in his wife Linda, with whom he 
cofounded the now-famous Renaissance Weekends, and daughters Mary-
Catherine, aged 9, and 7-year-old Whitaker.
  Phil's life is an amazing success story. Born of immigrant parents in 
Queens, NY--his father came to America from Ukraine and his mother from 
North Africa--he worked hard and distinguished himself from the 
beginning. He was president of his class at Duke University where he 
also gained membership in Phi Beta Kappa. From there, he went on to 
earn his masters from the University of Michigan, studied at Oxford, 
and obtained a law degree from Harvard. As Senator Thurmond put it so 
well while introducing him during his confirmation hearing, Phil Lader 
is one of the most educated men in America.
  Since graduating from law school in 1972, Phil Lader has continued to 
distinguish himself in a number of different areas--including business, 
education and government. Among his successful business ventures is the 
world renown Sea Pines Co., of which he was president. As chief 
operating officer of the company that developed and operates beautiful 
and award-winning recreational communities, he has been credited with 
much of the development that has turned Hilton Head Island, SC, into 
the world-class destination resort area it is today.
  More recently, Phil has served as president of Winthrop college in 
South Carolina and Bond University in Queensland, Australia--the first 
private university in that country. His creativity, energy an drive 
helped those institutions evolve into much more than he found when he 
started. For instance, I understand that during a year and one-half at 
the helm of Bond University, he erased a $25 million deficit, increased 
enrollment by one-third, and raised academic standards to such a level 
that the university graduated its first Rhodes scholar.
  During the Clinton administration, Phil Lader has exercised his 
special talents in Washington. He has served as Deputy Director for 
Management at the Office of Management and Budget, where he was 
chairman of the President's Management Council and the President's 
Council on Integrity and Efficiency. He also served as chairman of the 
Policy Committee of the National Performance Review, headed by Vice 
President Gore and representing the President's ``reinventing 
government'' initiative. Most recently, Phil has served as Assistant to 
the President and White House Deputy Chief of Staff.
  In various capacities, Phil has combined talents taken from all three 
of these areas. he served as a member of South Carolina Governor 
Richard W. Riley's Jobs/Economic Development Task Force and was the 
founding director of the South Carolina Jobs/Economic Development 
Authority. Later he served as chairman of the South Carolina Governor's 
Small and Minority Business Council.
  Phil Lader has met many challenges in his noteworthy career. He is 
about to take on a new, difficult and challenging task. Although we had 
a few disagreements, Erskine Bowles was an excellent SBA Administrator. 
Phil Lader now takes the helm of this agency which still very much 
needs ``reinventing''. The agency has been the source of scandals and 
inefficiencies and needs strong leadership.
  If I were to give any advice to my friend, it would be this: Phil, 
the small business community needs someone who is willing to stand up 
on such issues as health care reform and say unequivocally: ``employer 
mandates are bad for small business.'' The community needs a strong 
Administrator to lead the charge against excessive government 
regulation and paperwork requirements. The SBA needs a strong leader 
who will concentrate on its central mission of helping to develop the 
most dynamic sector of America's economy--small business--and eschew 
the temptation to turn the position into that of a political 
spokesperson.
  I know you are up to these difficult challenges, Phil. I wish my 
friend all the best.


              statement on the nomination of philip lader

  Mr. WALLOP. Mr. President, the Senate has just confirmed Philip Lader 
to head the Small Business Administration. I had grave concerns about 
this nomination, not because of the man but because of actions by this 
administration dealing with America's small business men and women. 
Throughout my career and in particular during the past year I have 
worked to give small business some relief from excessive regulation by 
giving teeth to the Regulatory Flexibility Act of 1980. This year I 
successfully amended the National Competitiveness Act, S. 4, to allow 
judicial review of agency determinations made pursuant to the Reg Flex 
Act. The Senate passed my amendment by an overwhelming margin affirming 
the Senate's commitment to protecting small business from abusive 
government regulation. The House voted to instruct conferees to retain 
the language in my amendment with the strongest possible bipartisan 
support.
  Unfortunately, administration bureaucrats worked behind the scenes to 
gut the small business amendment by watering down the language. The 
National Competitiveness Act died because of other controversies in 
that bill. While I believe the act received a just fate, I was 
disappointed that my small business amendment died with it. Therefore, 
I attempted to move a free standing measure through Congress. Again, 
efforts were thwarted by people more concerned with the needs of 
bureaucracy than costs imposed on small businesses, America's job 
creators. However, I reached an agreement with the White House and have 
received a personal commitment from the President supporting my 
remedies to strengthen the Reg Flex Act in the next Congress. In 
addition, I have received commitments from White House Chief of Staff, 
Leon Panetta, as well as Mr. Lader. I ask unanimous consent that those 
letters be included for the Record.
  These letters show that the administration will now work with small 
business to pursue legislation which contains strong judicial review 
and strong legal remedies that will allow judges to stay burdensome 
regulations. This is a small but important step towards insuring that 
the competitiveness of small business is determined in the market 
place, not some bureaucrat's office.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:


                                              The White House,

                                  Washington, DC, October 8, 1994.

     Hon. Malcolm Wallop,
     U.S. Senate, Washington, DC.
       Dear Senator Wallop: My Administration strongly supports 
     judicial review of agency determinations under the Regulatory 
     Flexibility Act, and I appreciate your leadership over the 
     past years in fighting for this reform on behalf of small 
     business owners.
       Although legislation establishing such review was not 
     enacted during the 103rd Congress, my Administration remains 
     committed to securing this very important reform. Toward that 
     end, my Administration will continue to work with the 
     Congress and the small business community next year for 
     enactment of a strong judicial review that will permit small 
     businesses to ignore the protections afforded by this 
     statute.
       As you know, the National Performance Review endorsed this 
     policy to ensure that the Act's intent is achieved and the 
     regulatory and paperwork burdens on small business, states, 
     and other entities are reduced.
       Again, thank you for continued leadership in this area.
           Sincerely,
                                                     Bill Clinton.
                                  ____



                                Small Business Administration,

                                                  October 8, 1994.
     Hon. Malcolm Wallop,
     U.S. Senate, Washington, DC.
       Dear Senator Wallop: The Administration supports strong 
     judicial review of agency determinations under the Regulatory 
     Flexibility Act that will permit small businesses to 
     challenge agencies and receive strong remedies when agencies 
     do not comply with the protections afforded by this important 
     statute.
       In fact, the National Performance Review publicly endorsed 
     this policy to ensure that the Act's intent is achieved and 
     the regulatory and paperwork burdens on small businesses, 
     states, and other entitles are reduced.
       As Chairman of the Policy Committee of the National 
     Performance Review, under Vice President Gore's leadership I 
     vigorously advocated this position. I have continued to 
     champion this policy within the Administration.
       If confirmed as Administrator of the U.S. Small Business 
     Administration, I will join the Congress and the small 
     business community in continued efforts to pass legislation 
     for such judicial review.
       Thank you for your leadership on this important issue to 
     small business.
           Sincerely,
                                                     Philip Lader,
                                          Administrator-Designate.
                                  ____



                                              The White House,

                                  Washington, DC, October 7, 1994.
     Hon. Malcolm Wallop,
     U.S. Senate, Washington, DC.
       Dear Senator Wallop: Your particular question about the 
     Administration's position on judicial review of actions taken 
     under the Regulatory Flexibility Act has come to my 
     attention.
       As you have discussed with Senator Bumpers, the 
     Administration supports such judicial review of ``Reg Flex.''
       The Administration supports a strong judicial review 
     provision that will permit small businesses to challenge 
     agencies and receive meaningful redress when they choose to 
     ignore the protections afforded by this important statute.
       In fact, the National Performance Review endorsed this 
     policy to ensure that the Act's intent is achieved and the 
     regulatory and paperwork burdens on small business, states, 
     and other entities are reduced.
       Ironically, Phil Lader, our nominee for Administrator of 
     the Small Business Administration (whose nomination was voted 
     favorably today by a 22-0 vote of the Senate Small Business 
     Committee) has been a principal champion of judicial review 
     of ``Reg Flex.'' In his capacity as Chairman of the Policy 
     Committee on the National Performance Review, Phil vigorously 
     advocated this position. I know that, if confirmed, as SBA 
     Administrator, he would join us in continued efforts to win 
     Congressional support for such judicial review.
           Sincerely,
                                                  Leon E. Panetta,
                                                   Chief of Staff.

  Mr. BUMPERS. Mr. President, as chairman of the Small Business 
Committee, we have had a very difficult time with continuity and 
administrators of the Small Business Administration.
  Erskine Bowles who has been there the last 2 years, in my opinion, 
has been, by far, the best, ablest administrator SBA has ever had. But 
as is usual, he has advanced over to the White House. I believe he is 
Deputy Chief of Staff, where I am sure he will perform yeoman service.
  But he is being succeeded by the person we just confirmed, Mr. 
President, Philip Lader. Phil Lader is a graduate of Duke University; 
later, Harvard Law School and is a Rhodes scholar. He has a very 
impressive resume.
  We held a hearing on him the day before yesterday. He acquitted 
himself in an exemplary way, and I have great hopes that Phil Lader 
will fill that job in the mold of Erskine Bowles. I am honestly of the 
belief now that he certainly will.
  Those SBA programs are very complex. As you know, those programs 
carry billions and billions of dollars worth of loans to business 
people all over the country--various kinds of loans. It deals with 
minority contracts, small business set-asides in defense and so on. 
They are immensely complicated.
  I believe he is eminently qualified for the job. I was very pleased 
to wrap this session up and handle his nomination myself.

                          ____________________