[Congressional Record Volume 144, Number 67 (Friday, May 22, 1998)]
[Senate]
[Pages S5481-S5485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
Mr. ENZI. Mr. President, I ask unanimous consent that the Senate
immediately proceed to executive session to consider the following
nominations on the Executive Calendar: Nos. 603, 610, 615, 626 through
633, 635 through 641; all nominations on the Secretary's desk in the
Air Force, Army, Marine Corps, and Navy; and the nomination of Joan
Dempsey reported by the Intelligence Committee today.
I further ask unanimous consent that the nominations be confirmed,
the motion to reconsider be laid upon the table, and any statements
relating to the nominations appear at this point in the Record, the
President be immediately notified of the Senate's action, and the
Senate then return to legislative session.
The PRESIDING OFFICER. Without objection, it is so ordered.
The nominations were considered and confirmed as follows:
national science foundation
Rita R. Colwell, of Maryland, to be Director of the
National Science Foundation for a term of six years.
department of commerce
Patrick A. Mulloy, of Virginia, to be an Assistant
Secretary of Commerce.
in the air force
The following named officer for appointment in the United
States Air Force to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:
To be lieutenant general
Maj. Gen. Robert F. Raggio, 0000
The following named officer for appointment in the United
States Air Force to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:
To be lieutenant general
Maj. Gen. Donald L. Peterson, 0000
The following Air National Guard of the United States
officer for appointment in the Reserve of the Air Force to
the grade indicated under title 10, U.S.C., section 12203:
To be brigadier general
Col. Daniel James III, 0000
The following named officer for appointment in the United
States Air Force to the
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grade indicated under title 10, U.S.C., section 624:
To be brigadier general
Col. Lee P. Rodgers, 0000
The following Air National Guard of the United States
officer for appointment in the Reserve of the Air Force to
the grade indicated under title 10, U.S.C., section 12203:
To be brigadier general
Col. Archie J. Berberian II, 0000
in the army
The following National Guard of the United States officer
for appointment in the Reserve of the Army to the grade
indicated under title 10, U.S.C., section 12203:
To be major general
Brig. Gen. Roger C. Schultz, 0000
The following named officers for appointment in the Reserve
of the Army to the grades indicated under title 10, U.S.C.,
section 12203:
To be major general
Brig. Gen. Daniel C. Balough, 0000
Brig. Gen. Roger L. Brautigan, 0000
Brig. Gen. Thomas A. Wessels, 0000
To be brigadier general
Col. Bruce A. Adams, 0000
Col. Michael B. Barrett, 0000
Col. Lowell C. Detamore, Jr., 0000
Col. Kenneth D. Herbst, 0000
Col. Kenneth L. Penttila, 0000
in the marine corps
The following named officer for appointment in the United
States Marine Corps to the grade indicated while assigned to
a position of importance and responsibility under title 10,
U.S.C., section 601:
To be lieutenant general
Maj. Gen. Frederick McCorkle, 0000
The following named officer for appointment as Assistant
Commandant of the Marine Corps and for appointment to the
grade indicated under title 10, U.S.C., section 5044:
To be general
Lt. Gen. Terrence R. Dake, 0000
in the navy
The following named officers for appointment in the Naval
Reserve to the grade indicated under title 10, U.S.C.,
section 12203:
To be rear admiral
Rear Adm. (lh) Martin E. Janczak, 0000
Rear Adm. (lh) Pierce J. Johnson, 0000
Rear Adm. (lh) Lary L. Poe, 0000
Rear Adm. (lh) Michael R. Scott, 0000
The following named officer for appointment in the Naval
Reserve to the grade indicated under title 10, U.S.C.,
section 12203:
To be rear admiral
Rear Adm. (lh) Robert F. Birtcil, 0000
The following named officer for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:
To be rear admiral
Rear Adm. (lh) Michael W. Shelton, 0000
The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:
To be admiral
Vice Adm. Charles S. Abbot, 0000
The following named officer for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:
To be rear admiral
Rear Adm. (lh) Jeffrey A. Cook, 0000
The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:
To be vice admiral
George P. Nanos, Jr., 0000
in the air force, army, marine corps, navy
Air Force nominations beginning Phillip M. Armstrong, and
ending *Rex A. Williams, which nominations were received by
the Senate and appeared in the Congressional Record of April
21, 1998
Army nomination of Gary W. Krahn, which was received by the
Senate and appeared in the Congressional Record of April 21,
1998
Army nominations beginning Eugene N Acosta, and ending
Curtis L Yeager, which nominations were received by the
Senate and appeared in the Congressional Record of April 29,
1998
Marine Corps nominations beginning Richard D. Coulter, and
ending Karim Shihata, which nominations were received by the
Senate and appeared in the Congressional Record of April 21,
1998
Marine Corps nomination of Gary F. Baumann, which was
received by the Senate and appeared in the Congressional
Record of April 29, 1998
Marine Corps nominations beginning Michael L. Andrews, and
ending Robert C. Wittenberg, which nominations were received
by the Senate and appeared in the Congressional Record of
April 29, 1998
Marine Corps nominations beginning James N. Adams, and
ending Thomas J Zohlen, which nominations were received by
the Senate and appeared in the Congressional Record of April
29, 1998
Marine Corps nominations beginning Louis P Abraham, and
ending Mark G Zimmerman, which nominations were received by
the Senate and appeared in the Congressional Record of April
29, 1998
Marine Corps nominations beginning Ruben Bernal, and ending
James Werdann, which nominations were received by the Senate
and appeared in the Congressional Record of April 29, 1998
Navy nominations beginning Michale D. Cobb, and ending
Raymond B. Roll, which nominations were received by the
Senate and appeared in the Congressional Record of April 21,
1998
Navy nomination of Daniel D. Thompson, which was received
by the Senate and appeared in the Congressional Record of
April 21, 1998
central intelligence agency
Joan Avalyn Dempsey, of Virginia, to be Deputy Director of
Central Intelligence for Community Management. (New Position)
statement on the nomination of patrick a. mulloy
Mr. DASCHLE. Mr. President, I would like to express my strong support
for the nomination of Patrick A. Mulloy to the position of Assistant
Secretary of Commerce for Market Access and Compliance in the
International Trade Administration (ITA). I believe his many years of
experience in dealing with international trade policy issues and his
unswerving commitment to public service equip him well for this
challenge.
For over a dozen years, Mr. Mulloy has had major responsibility for
the development of all legislation dealing with international trade and
finance in the Senate Banking Committee. His expertise spans export
administration, export promotion, exchange rates, foreign investment,
international banking, and the Foreign Corrupt Practices Act. He played
a lead role in developing the Export Enhancement Act of 1993 and has
demonstrated an ability to work with lawmakers on both sides of the
aisle. For many years, he also has served as the Banking Committee's
advisor to U.S. negotiating teams at the GATT and WTO and contributed
to the successes achieved during these negotiations.
Patrick Mulloy's diverse career experience, spanning the State
Department, Justice Department and the Senate Banking Committee, have
given him an unusual depth of perspective on international economic
policy issues. I am confident that, as Assistant Secretary of Commerce,
he will work diligently to help ensure that U.S. businesses are given
every opportunity to compete freely and fairly in the global
marketplace of the 21st century. I urge my colleagues to support his
nomination.
Mr. SARBANES. Mr. President, I rise today to express my strong
support for the nomination of Patrick Mulloy to be Assistant Secretary
of Commerce for Market Access and Compliance.
I have known Pat since he came to work for the Senate Banking
Committee in 1983 as a Congressional Fellow from the Justice
Department. Pat made such a strong impression during his fellowship
that the then ranking Democrat on the Banking Committee, Senator
Proxmire, hired him to be Minority General Counsel, a position which he
held from 1984 to 1986. After the Senate changed hands in 1987, Pat
became General Counsel for the majority and served in that capacity
until 1989. When Senator Proxmire retired in 1989, Pat became Senior
Counsel and International Affairs Advisor to the new chairman, Senator
Riegle. Since 1992 he has served as Chief International Counsel for the
Democratic members of the Committee. Since 1995, when I became ranking
Democrat on the Banking Committee, Pat has worked directly for me.
The first point I want to make about Pat is that he is a career
public servant. He holds a B.A., Magna Cum Laude, from Kings College
Pennsylvania, an M.A. in International Politics from Notre Dame where
he was a University Fellow, a J.D. degree with Honors from George
Washington Law School, and an LL.M. from Harvard Law School. He began
his professional career as a Foreign Service Officer in the State
Department, where he served from 1965 to 1973. From 1973 to 1977 he
served as a Trial Attorney in the Land and Resources Division of the
Justice Department, and from 1979 to 1982 he served as Senior Attorney
in the Antitrust Division of the Justice Department. It was from that
position that Pat came to work for the Senate Banking Committee.
During his tenure on the Banking Committee, Pat has played a lead
role in every major international finance and trade issue the Committee
has
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dealt with. These include enactment of the International Lending
Supervision Act; amendments to the Foreign Corrupt Practices Act;
reauthorization of the Export-Import Bank, the Export Administration
Act, and the trade promotion programs of the Commerce Department; and
the exchange rate, third world debt, and foreign investment provisions
of the Omnibus Trade and Competitiveness Act of 1988. He helped draft
the Export Enhancement Act of 1992 which established the Trade
Promotion Coordinating Committee. He was intimately involved as a
Congressional Advisor in the negotiation of the recently concluded
agreement on trade in financial services in the World Trade
Organization.
I can think of no one better prepared or suited to serve in the
position of Assistant Secretary of Commerce for Market Access and
Compliance. Pat brings a deep background and expertise in international
trade and finance. He has served in the executive branch and the
Congress, and in both capacities has worked closely with private sector
business and labor groups affected by trade policies. He also brings a
passionate personal commitment to opening foreign markets to U.S.
exports and expanding job opportunities for American workers.
Pat is a person of the highest intelligence, integrity, and
commitment to public service. He has been an enormously effective
member of the staff of the Senate Banking Committee, and I have come to
rely with great confidence on his judgment and expertise. The fact that
Senator D'Amato, the Chairman of the Senate Banking Committee, as well
as myself introduced Pat at his confirmation hearing before the Senate
Finance Committee suggests the deep professional and personal regard in
which he is held by members of the Senate Banking Committee on both
sides of the aisle. Pat has my unreserved support for confirmation to
this important position.
Mr. ROBB. Mr. President, I would like to take this opportunity to
speak briefly on behalf of a fellow Virginian, Patrick Mulloy, who is
the Administration's nominee for Assistant Secretary for Market Access
and Compliance at the U.S. Department of Commerce.
In this position, Mr. Mulloy will play a critical role in shaping our
nation's future. International trade continues to become increasingly
important to our own economic development and it is vital that we
strive to improve access to overseas markets for American businesses.
The Assistant Secretary for Market Access and Compliance will also play
a primary role in strengthening the overall international trade and
investment position of the United States.
Mr. Mulloy has worked for many years in the public sector. He served
as a foreign service officer at the Department of State and as an
attorney at the Justice Department's Antitrust Division before coming
to Capitol Hill in 1983. During his time on Capitol Hill, Mr. Mulloy
has worked on most of the international trade and finance issues within
the jurisdiction of the Committee on Banking, Housing and Urban
Affairs, such as third world debt, international economic coordination
and exchanges, trade promotion, export controls and international
banking.
I'm confident that Pat Mulloy will serve with distinction as
Assistant Secretary for Market Access and Compliance. As a long-time
Counsel for the Senate Banking Committee, he has already contributed a
great deal to much of the legislation that has guided our trade
policies. I know that the Banking Committee staff will miss Pat Mulloy,
but I'm pleased the nation will continue to benefit from his excellent
service at the Department of Commerce.
I urge my Colleagues to approve his nomination.
Mr. BRYAN. Mr. President, the Senate has just confirmed the
nomination of Patrick A. Mulloy for Assistant Secretary of Commerce for
market access and compliance. I strongly support his nomination and
believe the country will be well served by his appointment.
When I first came to the Senate, I was given a seat on the Senate
Banking Committee where Pat was a senior staff member. Pat's knowledge
of the rules and procedures of the Senate was invaluable to me. Many a
Senator has drawn upon Pat's expertise and institutional memory, and he
is widely respected on both sides of the aisle.
Pat is recognized as one of the Senate's leading experts in
international trade and finance matters. He has spent countless hours
working on international trade agreements that are helping open up
foreign markets to the U.S. financial services industry. Few people
have fought as hard for our interests as has Pat. The Senate will
sorely miss him.
The Commerce Department will benefit from Pat's enthusiasm,
intelligence and personal warmth. The country is fortunate to have some
with Pat's commitment to public service. I wish him the best of luck in
his new endeavor and look forward to continuing to work with him on
important issues facing the country.
Ms. MOSELEY-BRAUN. Mr. President, I rise today to urge my colleagues
to support the nomination of Pat Mulloy for the position of Assistant
Secretary for Market Access and Compliance at the Department of
Commerce. He will be a real asset to the Department of Commerce.
Pat Mulloy has been a key member of the Banking Committee staff for
about thirteen years, and he has played a major role in all of the
international economic and trade legislation acted on by the Committee
over that period. I and my staff have worked closely with Mr. Mulloy on
issues such as the Export Enhancement Act of 1993, which, among other
things, reauthorized Eximbank's charter. He has the respect of all of
the Members of the Banking Committee, both Democratic and Republican.
Pat Mulloy not only has extensive legislative expertise with
international economic and trade issues, he also has considerable
economic and international experience in the executive branch of the
federal government. Before coming to the Banking Committee, Mr. Mulloy
was an attorney with the Antitrust Division of the Justice Department,
and a foreign service officer at the State Department.
Mr. Mulloy has the background and the kind of good judgement that is
so needed. The Commerce Department will benefit from his real
commitment to principle, and dedication to public service.
In closing, Mr. President I would like to relate a story Mr. Mulloy
told the Finance Committee during his nomination hearing. Mr. Mulloy
stated that when he went off to grade school each morning, his mother
would put the sign of the cross on his head and say ``Goodbye, good
luck, and God Bless You, and grow up to be President.'' While his new
position will not take him to the White House, I am sure his mother
would join us in saying goodbye, good luck, and God Bless You. We wish
you well. I encourage all of my colleagues to support Pat Mulloy's
nomination.
statement on the nomination of joan a. dempsey
Mr. SHELBY. Mr. President, I rise today to commend to my colleagues
the nomination of Joan A. Dempsey, the former Deputy Assistant
Secretary of Defense for Intelligence and Security, and most recently
the Director of Central Intelligence's Chief of Staff. Ms. Dempsey is
the first nominee for the newly created position of Deputy Director of
Central Intelligence for Community Management.
Although Ms. Dempsey was nominated by the President just before the
Senate adjourned last November, the Vice Chairman and I have waited to
consider the nomination until outstanding issues regarding other
positions created by the Intelligence Authorization Act for Fiscal Year
1997 were resolved.
We have reached an accommodation with the Director of Central
Intelligence on these other positions, and we expect the President to
put forward a nominee for the position of Assistant Director of Central
Intelligence (ADCI) for Administration, soon. We have also agreed to
allow the DCI to fill the positions of ADCI for Collection and ADCI for
Analysis and Production without exercising the Senate's right for
advice and consent, for up to one year, while we assess the new
management structure.
Ms. Dempsey appeared before the Committee in an open hearing on May
21, 1998. It is apparent that Ms. Dempsey is a well qualified career
intelligence professional. The Committee is confident that she is
entirely capable
[[Page S5484]]
of doing a fine job as the Deputy DCI for Community Management.
The Intelligence Community is facing a time of revolutionary change
that is driven by the explosion of information technology. These rapid
changes in technology must be assessed, evaluated and quickly
integrated into all phases of the intelligence cycle. The Community
must also have the flexibility to quickly focus on new and sometimes
non-traditional targets. This requirement for flexibility was most
recently underscored by the failure to anticipate the nuclear tests
conducted by India. These events caught the Intelligence Community by
surprise despite plenty of strategic warning that Indian leaders
planned to revise their nation's nuclear policy. I do not agree with
those who say that ``we weren't surprised'' by the tests because, in
hindsight, they logically followed from what was being said publicly.
This was a huge intelligence failure. As Zbigniew Brzezinski said in
a recent editorial: ``India's nuclear weapons tests . . . signal a
truly consequential intelligence scandal.'' He went on to say: ``. . .
it is the task of the intelligence community to detect, in a timely
fashion, major foreign initiatives or programs that bear either on
American security or affect American foreign policy interests.'' More
pointed than my own recent criticisms, Mr. Brzezinski concluded that
``the failure . . . in the case of India suggests significant and truly
disturbing incompetence both on the level of collection and analysis
within the intelligence community.'' Mr. president, we can debate the
nature of the failure, but it was a failure nonetheless.
Did the Community fail because of the way collection priorities were
assessed and assigned? Was there too much reliance on certain types of
intelligence collection and information? Is the ``Intelligence
Community'' acting cohesively as a community, or is it resisting truly
effective integration because of concerns over bureaucratic turf? Who
brokers potential disputes over such turf and who has the authority to
arbitrate agreements that are honored? These are all very important
questions and the Intelligence Committee is seeking answers.
In my view, the issues facing the Intelligence Community today are
not solely a function of the level of resources that are available,
even though this is a significant part of the problem. The Intelligence
Community is still in many ways reacting to a changing world and not
yet anticipating it. The Intelligence Community often displays the
symptoms of an entrenched and calcified bureaucracy. This, Mr.
President, must change.
In the final analysis, our Intelligence agencies are accountable to
the American people for two basic things: (1) to alert them to external
threats; and (2) to spend their tax dollars efficiently and
effectively. A great deal of the responsibility for these matters will
rest on this nominee's shoulders. The Committee believes that she
possesses the knowledge and leadership qualities that this new position
will demand. We look to Ms. Dempsey to assist the DCI in ensuring that
the Intelligence Community attains these goals and lives up to the
highest standards of accountability as they work toward them.
Mr. President, the Committee has reported the nomination of Joan A.
Dempsey to be Deputy Director of Central Intelligence and we recommend
that the nomination be confirmed. I urge my colleagues to support the
recommendation of the Committee and vote in favor of Ms. Dempsey's
nomination. I yield the floor.
Mr. KERREY. Mr. President, I stand today to join Chairman Shelby in
presenting the nomination of Ms. Joan Dempsey to be Deputy Director of
Central Intelligence for Community Management.
The President has chosen well. In my view, there is no one in the
country more qualified to be Deputy DCI for Community Management than
Joan Dempsey. I recall when Congress created these new confirmable
positions there was concern voiced in some quarters that they would be
filled by political people rather than by professionals. Ms. Dempsey
proves the concern groundless. In fact, she is the consummate
intelligence professional. She has managed a major national
intelligence budget. She has brought together the strands of different
intelligence disciplines to produce finished intelligence to support
our military. She has overseen all the national intelligence agencies
which are also combat support agencies of the Defense Department. She
knows this business.
Community management means allocating resources and work among the
different agencies in the optimistically-titled ``intelligence
community,'' and then combining the product of different agencies and
disciplines into a piece of intelligence that helps keep the country
safe. The Director of Central Intelligence has the responsibility to
perform this function for national intelligence, and he has a staff to
help him do it. Congress has believed for several years that he needed
the clout of several Presidentially-appointed, Senatorially-confirmed
officials to help him execute this management responsibility, and today
we consider the nominee for the first and most senior of these
positions.
Success in this position will require the full range of management
traits, but professional knowledge will probably be the most necessary:
knowing the strengths and limitations of each agency in the community,
knowing the technologies to improve analysis, production, and
dissemination, knowing the needs of the many and varied customers for
intelligence, from the President right down to the combat pilots
getting briefed for a mission. You don't get this kind of knowledge out
of a book. You get it from years of experience and the constant
challenges of the real world of intelligence. Ms. Dempsey has that
experience and has met those challenges.
Intelligence is an essential element of our national power.
Intelligence has always had the task of warning our policymakers and
our military so they can deter war. Intelligence is also a force
multiplier for our military, particularly now that intelligence rides
and guides America's smart weapons. Really complete intelligence
coverage provides a sense of American omniscience in the minds of our
adversaries, and this sense alone can have a deterrent effect. We are
sometimes well short of omniscience, as in the recent case of India's
nuclear tests. But knowledge superiority should be our constant goal,
and the position for which Ms. Dempsey has been nominated has a central
role in achieving it.
Technology has changed, the threats have changed, but the requirement
for the best intelligence is as acute as ever. I am certain Ms. Dempsey
will help us achieve that goal.
STATEMENT ON THE NOMINATION OF FRED HOCHBERG
Mr. KERRY. I strongly support the nomination of Fred Hochberg to
become Deputy Administrator of the Small Business Administration (SBA).
The Deputy Administrator oversees the day to day operations of the
important financial business education and procurement assistance
programs of the SBA to ensure that they are run efficiently and
effectively. With more than 20 years of business experience, Fred
Hochberg is perfectly suited to step right in and assist the SBA to
refine its management structure to insure the SBA is an effective
financial institution in the next century, capable of and dedicated to
offering genuine help to entrepreneurs and small businesses that are
the engine of our free enterprise economy.
Fred Hochberg has lived the American dream and will bring that
experience to the Small Business Administration. His parents immigrated
from Europe at the beginning of this century. In 1951, Lillian Vernon,
Fred's mother, started the Lillian Vernon Company with $2,000 she
received from her wedding. With Lillian's hard work and persistence the
small business grew over the years. Fred Hochberg joined the business
after receiving a Masters in Business Administration degree from
Columbia University and has served as President and Chief Operating
Officer. Under Fred Hochberg's tenure as President and with his
mother's help, the Lillian Vernon Company built a sophisticated
international mail order company that today serves more than five
million customers.
Fred Hochberg has mastered the challenges of developing a small
business into an international corporation. He managed the complex
transition of a family-run business into a publicly held corporation.
Today, the Lillian
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Vernon Company has 1,400 employees and has annual sales of $250
million. No one better knows the problems facing small business today
than someone who has been involved in a family-owned business for the
past 20 years.
When Fred Hochberg appeared before the Senate Small Business
Committee earlier this month for his confirmation hearing, he told the
Committee ``I understand what American entrepreneurs put into their
enterprises: the seven-day weeks, the hard work and sweat equity--
because that's where I come from. I intend to bring these values to my
work at the SBA.'' Now he will bring the talent, experience and hard
work to lead the SBA and its wide array of programs into the 21st
century.
I congratulate the President for this nomination. I thank Chairman
Bond and Majority Leader Lott for agreeing to bring this nomination
before the Senate. And I look forward to Fred Hochberg's arrival at the
Small Business Administration where I believe he will make a very
considerable contribution to the small businesses of our nation.
____________________