[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

[[Page S5482]]

     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

[[Page S5483]]

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

[[Page S5485]]

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.

                          ____________________