[Congressional Record Volume 149, Number 174 (Tuesday, November 25, 2003)]
[Senate]
[Pages S16068-S16070]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE CALENDAR

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
immediately proceed to executive session to consider the following 
nominations on today's Executive Calendar: Nos. 478, 490, 495 through 
508, and all nominations on the Secretary's desk.
  I further ask unanimous consent that the nominations be confirmed en 
bloc, the motions to reconsider be laid upon the table, 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 considered and confirmed en bloc are as follows:

                              Nominations


                    department of homeland security

       Michael J. Garcia, of New York, to be an Assistant 
     Secretary of Homeland Security.


                    department of homeland security

       James M. Loy, of Virginia, to be Deputy Secretary of 
     Homeland Security.


                               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. William Welser, III, 0000

       The following named officers for appointment in the United 
     States Air Force to the grade indicated under title 10, 
     U.S.C., section 624:

                        To be brigadier general

     Colonel Paul F. Capasso, 0000
     Colonel Floyd L. Carpenter, 0000
     Colonel William A. Chambers, 0000
     Colonel Paul A. Dettmer, 0000
     Colonel David K. Edmonds, 0000
     Colonel Jack B. Egginton, 0000
     Colonel David J. Eichhorn, 0000
     Colonel David W. Eidsaune, 0000
     Colonel Burton M. Field, 0000
     Colonel Alfred K. Flowers, 0000
     Colonel Randal D. Fullhart, 0000
     Colonel Marke F. Gibson, 0000
     Colonel Robert H. Holmes, 0000
     Colonel Stephen L. Hoog, 0000
     Colonel Larry D. James, 0000
     Colonel Ralph J. Jodice, II, 0000
     Colonel Jan Marc Jouas, 0000
     Colonel Jay H. Lindell, 0000
     Colonel Kay C. McClain, 0000
     Colonel Robert H. McMahon, 0000
     Colonel Stephen P. Mueller, 0000
     Colonel William J. Rew, 0000
     Colonel Katherine E. Roberts, 0000
     Colonel Kip L. Self, 0000
     Colonel Michael A. Snodgrass, 0000
     Colonel David M. Snyder, 0000
     Colonel Larry O. Spencer, 0000
     Colonel Robert P. Steel, 0000
     Colonel Thomas J. Verbeck, 0000
     Colonel James A. Whitmore, 0000
     Colonel Bobby J. Wilkes, 0000
     Colonel Robert M. Worley, II, 0000

       The following named officer for appointment in the United 
     States Air Force to the grade indicated under title 10, 
     U.S.C., section 624:

                        To be brigadier general

     Col. Stephen L. Lanning, 0000

       The following named officer for appointment in the United 
     States Air Force to the grade indicated under title 10, 
     U.S.C., section 624:

                          To be major general

     Brigadier General Robin E. Scott, 0000


                                  army

       The following named officer for appointment in the United 
     States Army 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. Larry J. Dodgen, 0000
       The following named officer for appointment in the United 
     States Army 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. John M. Curran, 0000

       The following named officer for appointment in the United 
     States Army to the grade indicated under title 10, U.S.C., 
     section 624:

                          To be major general

     Brig. Gen. Keith M. Huber, 0000

       The following named officer for appointment in the United 
     States Army to the grade indicated under title 10, U.S.C., 
     section 624:

                          To be major general

     Brig. Gen. Dennis E. Hardy, 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. James R. Sholar, 0000

                        To be brigadier general

     Col. Henry J. Ostermann, 0000


                                  Navy

       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

     Rear Adm. Walter B. Massenburg, 0000

       The following named officers 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) Robert E. Cowley, III, 0000
     Rear Adm. (lh) Steven W. Maas, 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 (lower half)

     Capt. Brian G. Brannman, 0000

       The following named officer for appointment in the United 
     States Naval Reserve to the grade indicated under title 10, 
     U.S.C., section 12203:

                    To be rear admiral (lower half)

     Capt. Raymond K. Alexander, 0000

       The following named officers 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) Donald K. Bullard, 0000
     Rear Adm. (lh) Albert M. Calland, III, 0000
     Rear Adm. (lh) Robert T. Conway, Jr., 0000
     Rear Adm. (lh) John J. Donnelly, 0000
     Rear Adm. (lh) Bruce B. Engelhardt, 0000
     Rear Adm. (lh) Charles S. Hamilton, II, 0000
     Rear Adm. (lh) John C. Harvey, Jr., 0000
     Rear Adm. (lh) Carlton B. Jewett, 0000
     Rear Adm. (lh) Matthew G. Moffit, 0000
     Rear Adm. (lh) Michael P. Nowakowski, 0000
     Rear Adm. (lh) Harold D. Starling, II, 0000
     Rear Adm. (lh) James Stavridis, 0000
     Rear Adm. (lh) Michael C. Tracy, 0000
     Rear Adm. (lh) John J. Waickwicz, 0000


                               air force

       PN1073 Air Force nomination of Gary H. Sharp, which was 
     received by the Senate and appeared in the Congressional 
     Record of October 23, 2003.
       PN1074 Air Force nomination of Jeffrey N. Leknes, which was 
     received by the Senate and appeared in the Congressional 
     Record of October 23, 2003.
       PN1075 Air Force nomination of Samuel B. Echaure, which was 
     received by the Senate and appeared in the Congressional 
     Record of October 23, 2003.
       PN1076 Air Force nominations (2) beginning THOMAS E. JAHN, 
     and ending RODNEY D. LEWIS, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     October 23, 2003.
       PN1077 Air Force nominations (5) beginning SAMUEL C. 
     FIELDS, and ending KEVIN C. ZEECK, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of October 23, 2003.
       PN1116 Air Force nomination of Robert G. Cates, III, which 
     was received by the Senate and appeared in the Congressional 
     Record of November 17, 2003.
       PN1117 Air Force nomination of Mary J. Quinn, which was 
     received by the Senate and appeared in the Congressional 
     Record of November 17, 2003.
       PN1118 Air Force nominations (2) beginning CHRISTOPHER C. 
     ERICKSON, and ending MARK A. MCCLAIN, which nominations were 
     received by the Senate and appeared in

[[Page S16069]]

     the Congressional Record of November 17, 2003.


                                  army

       PN1087 Army nomination of Lance A. Betros, which was 
     received by the Senate and appeared in the Congressional 
     Record of October 30, 2003.
       PN1088 Army nominations (69) beginning THOMAS B. SWEENEY, 
     and ending PAUL L. ZANGLIN, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     October 30, 2003.
       PN1120 Army nominations (2) beginning JOHN D. MCGOWAN, II, 
     and ending KENNETH E. NETTLES, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of November 17, 2003.
       PN1121 Army nominations (2) beginning VERNAL G. ANDERSON, 
     and ending DONALD J. KERR, which nominations were received by 
     the Senate and appeared in the Congressional Record of 
     November 17, 2003.
       PN1122 Army nominations (3) beginning GASTON P. BATHALON, 
     and ending PAULA J. RUTAN, which nominations were received by 
     the Senate and appeared in the Congressional Record of 
     November 17, 2003.
       PN1123 Army nomination of William B. Carr, Jr., which was 
     received by the Senate and appeared in the Congressional 
     Record of November 17, 2003.
       PN1124 Army nominations (3) beginning JOHN E. ATWOOD, and 
     ending WILLIAM E. ZOESCH, which nominations were received by 
     the Senate and appeared in the Congressional Record of 
     November 17, 2003.
       PN1125 Army nominations (2) beginning CHERYL KYLE, and 
     ending TERRY C. WASHAM, which nominations were received by 
     the Senate and appeared in the Congressional Record of 
     November 17, 2003.
       PN1126 Army nominations (9) beginning MICHAEL A. BULEY, and 
     ending GARY M. ZAUCHA, which nominations were received by the 
     Senate and appeared in the Congressional Record of November 
     17, 2003.
       PN1129 Army nomination of Gary R. McMeen, which was 
     received by the Senate and appeared in the Congressional 
     Record of November 17, 2003.


                              coast guard

       PN1095 Coast Guard nominations (13) beginning Jeffrey L. 
     Busch, and ending John S. Welch, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of November 3, 2003.
       PN1096 Coast Guard nominations (270) beginning William D. 
     Adkins, and ending Michael S. Zidik, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of November 3, 2003.


                              marine corps

       PN326 Marine Corps nomination of Michael S. Nisley, which 
     was received by the Senate and appeared in the Congressional 
     Record of February 11, 2003.
       PN328 Marine Corps nominations (2) beginning LEONARD HALIK, 
     III, and ending ERNEST R. HINES, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of February 11, 2003.
       PN1089 Marine Corps nomination of David B. Morey, which was 
     received by the Senate and appeared in the Congressional 
     Record of October 30, 2003.


                                  navy

       PN1090 Navy nomination of Patrick J. Moran, which was 
     received by the Senate and appeared in the Congressional 
     Record of October 30, 2003.
       PN1091 Navy nomination of Lawrence J. Chick, which was 
     received by the Senate and appeared in the Congressional 
     Record of October 30, 2003.
       PN1098 Navy nomination of Robert E. Vincent, II, which was 
     received by the Senate and appeared in the Congressional 
     Record of November 3, 2003.
       PN1099 Navy nominations (56) beginning RODNEY A. BOLLING, 
     and ending JAY S. VIGNOLA, which nominations were received by 
     the Senate and appeared in the Congressional Record of 
     November 3, 2003.


                         public health service

       PN1010 Public Health Service nominations (174) beginning 
     Vincent A. Berkley, and ending James A. Syms, which 
     nominations were received by the Senate and appeared in the 
     Congressional Record of October 2, 2003.


     nomination of admiral james loy to be deputy secretary of the 
                    department of homeland security

  Mr. LIEBERMAN. Mr. President, I commend Admiral Loy for his 
willingness to take on the position of Deputy Secretary of the 
Department of Homeland Security, one of the most important and also 
most difficult jobs in the federal government. The fledgling Department 
of Homeland Security is a critical undertaking for our government and 
our country. We know that we face real and ongoing threats to our 
domestic security from terrorism, and the Department is our best hope 
of bringing the critical focus, resources and leadership to bear on 
these new and insidious threats. It is a momentous undertaking fraught 
with challenges, and we must give the Department every support we can 
to achieve its vital task. Unfortunately, in the face of numerous 
expert reports chronicling the terrorist threat to United States 
citizens)--and the need for a dramatic infusion of new federal funds--
President Bush has consistently failed to embrace the challenge of 
homeland security with vision or resources.
  As Deputy Secretary, Admiral Loy will be second-in-command and have 
influence over the full array of DHS policies and practices. As such, I 
hope he will work forcefully to close the existing gaps in our 
security--and in the administration's efforts on homeland security. I 
have detailed some of my concerns in other floor statements and in 
numerous letters to Secretary Ridge and other DHS officials. We are, to 
quote a distinguished report sponsored by the Council on Foreign 
Relations, ``drastically underfunded, dangerously unprepared'' with 
respect to our state and local first responders and the federal 
government's efforts here are falling far short. The administration is 
thwarting a critical congressional mandate to create a true 
intelligence fusion center within DHS. On critical infrastructure 
protection, our government has yet to complete vital threat and risk 
assessments, much less implement forceful measures to protect these 
critical assets. I will not repeat all those concerns here, but instead 
focus on the dangerous gaps I perceive with respect to transportation 
security--the issue that has been Admiral Loy's direct responsibility 
as head of the Transportation Security Administration, TSA, and one 
over which he will continue to exercise considerable influence.
  TSA was created in the aftermath of 9/11 in response to the tragic 
weaknesses in the air security realm that were exposed by the attacks. 
Indeed, TSA has made important strides to improve certain aspects of 
aviation security, such as passenger and baggage screening. But 
critical deficiencies exist in these and other areas of air security, 
and the agency has barely begun to tackle its broader transportation 
security mandate. Although Admiral Loy will be leaving his post as 
Administrator of TSA, I believe it is essential that he continue to 
place a high priority on resolving these critical issues.
  By law, the Transportation Security Administration is responsible for 
security in all modes of transportation. But TSA has thus far focused 
almost exclusively on commercial aviation, leaving treacherous 
weaknesses in other transportation systems--a problem I outlined in a 
July 9 letter to Secretary Ridge. For fiscal year 2004, the 
administration sought $4.3 billion for passenger aviation security, but 
only $86 million for TSA's maritime and land security efforts. 
Congressional appropriators added some additional resources for 
maritime and land security, but there is still very little money 
available for these critical needs.
  For instance, with respect to maritime transportation, the Coast 
Guard has identified billions of dollars worth of necessary 
improvements--and Congress has mandated greater security--yet the 
administration requested no money for port security grants to help make 
the changes and only $125 million for this purpose was ultimately 
included in the DHS appropriations bill. Indeed, there is not even 
enough funding for Coast Guard employees to review the security plans 
mandated under the Maritime Transportation Security Act. This even as 
expert upon expert has identified the Nation's 360 commercial ports as 
a leading cause for concern on the homeland front--in large part 
because of the valuable goods and energy imports channeled through 
these ports and because the millions of containers that enter this 
country by sea can hide untold dangers.
  Mass transit systems are another grave source of concern. We all 
remember the 1995 attack on the Tokyo subway, when members of a 
Japanese cult released sarin, a lethal chemical nerve gas, on five 
subway trains during rush hour. Twelve people were killed and thousands 
injured. Only mistakes by the terrorists kept the death toll from being 
far higher. Here in the United States, our transit systems remain 
vulnerable to such an attack. In many cases, transit officials have 
already identified steps to make the system more secure, but simply 
cannot afford to take them. Transit systems typically struggle just to 
meet operating costs and are simply not in a position to fund major new 
security investments on their own. A December 2002 GAO report concluded 
that ``insufficient funding is the most significant

[[Page S16070]]

challenge in making . . . transit systems as safe and secure as 
possible.'' The administration did recently award some grants to help a 
number of urban transit systems, but nowhere near the kind of 
commitment that is needed to confront the problem.
  Nor do we see a commitment to improve rail security, although vast 
quantities of hazardous materials are shipped by rail.
  Given this vast amount of work to be done by TSA in all modes of 
transportation, it is inexplicable to me why the administration 
actually sought to decrease the agency's budget in FY 04.
  But it is not simply a matter of money. TSA has not formulated the 
essential strategic plans needed to guide transportation security 
efforts. Admiral Loy testified last May that the agency was close to 
finishing such a document--the National Transportation System Security 
Plan or NTSSP. GAO has testified that this national plan is a 
``prerequisite'' to investing wisely in transportation security. Yet as 
part of the hearing process for this nomination, Admiral Loy stated 
that such a plan is still months away, at best.
  Even in the area of passenger aviation, where TSA has focused 
virtually all its resources, troubling gaps remain. Although TSA spent 
hundreds of millions to recruit and train screeners, thousands of these 
employees are gone due to layoffs and attrition and we now face serious 
screener shortages at some airports. While I recognize that this is a 
complex question, it simply is not clear that TSA has control of this 
issue and is implementing a staffing level needed to assure adequate 
security. There have been other problems. For example, TSA failed to 
complete background checks of many of the screeners hired before they 
were trained and deployed, resulting in the discovery last spring that 
over 1200 screeners had felony convictions or other disqualifying 
problems that required their termination. Investigations by the DHS 
Inspector General and TSA's Office of Internal Affairs into the baggage 
screener training program found that trainees were given the questions 
and answers to the final certification exam and that some of the test 
questions were ``inane'' or simply ``gave away'' the correct response. 
GAO has reported that TSA has not yet fully developed or deployed 
recurrent or supervisory training programs to ensure that screeners are 
effectively trained and supervised.
  Moreover, despite considerable attention to the safety of air 
passengers and their baggage, TSA has not developed a reliable system 
to screen commercial cargo loaded onto the very same planes. This cargo 
is still not being screened for explosives and TSA currently is relying 
on the airlines to implement a ``known shipper'' program as the primary 
method of ensuring the security of this cargo, despite the numerous 
vulnerabilities GAO and the Department of Transportation Inspector 
General have identified in this approach. TSA has still taken only 
preliminary steps toward assessing security technologies that are 
needed to restrict access to secure areas of airports, despite the 
requirements of the Aviation and Transportation Security Act that it do 
so. Airport perimeter security also requires significant improvement, 
according to GAO, including the need to guard against possible 
terrorist attacks using shoulder-fired portable missiles from locations 
near airports. In addition, GAO has raised substantial concerns about 
the limited progress TSA has made in shoring up security at general 
aviation airports. To date, general aviation pilots and passengers are 
not screened before takeoff and the contents of general aviation planes 
are not screened at any point, leaving general aviation far more open 
and potentially vulnerable than commercial passenger aviation.
  I understand that the administration's failure to seek adequate 
funding and TSA's deadlines have greatly contributed to the challenges 
TSA faces in remedying these and other gaps in our aviation security. I 
pledge to continue my efforts to increase the resources we devote to 
these needs. However, TSA has also exercised inadequate oversight of 
the contracts it has entered into to perform many of the essential 
tasks needed to improve aviation security. The resulting problems 
include the huge cost overrun of its screener hiring contract with NCS 
Pearson, which ballooned from an original estimate of $104 million to 
over $700 million. I intend to watch closely to make sure that TSA 
implements stringent management controls and procedures so that we can 
be assured TSA's programs are effective, appropriately focused and 
achieving expected results.