[Congressional Record (Bound Edition), Volume 152 (2006), Part 10]
[Senate]
[Pages 13508-13511]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           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: 613, 621, 738, 739, 740, 
741, 742, 743, 744, 746 through 750, 752 through 758, 759, 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:


                    environmental protection agency

       James B. Gulliford, of Missouri, to be Assistant 
     Administrator for Toxic Substances of the Environmental 
     Protection Agency.


                     department of veterans affairs

       Daniel L. Cooper, of Pennsylvania, to be Under Secretary 
     for Benefits of the Department of Veterans Affairs for a term 
     of four years.


                         department of defense

       Michael L. Dominguez, of Virginia, to be Deputy Under 
     Secretary of Defense for Personnel and Readiness, vice 
     Charles S. Abell, resigned.


                            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. Maurice L. McFann, Jr., 0000


                              in the army

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

                        To be brigadier general

     Col. Frank A. Cipolla, 0000

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

                        To be brigadier general

     Col. Michael J. Silva, 0000


                              in the 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. Robert B. Murrett, 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

     Rear Adm. Mark J. Edwards, 0000


                       legal services corporation

       Jonann E. Chiles, of Arkansas, to be a Member of the Board 
     of Directors of the Legal Services Corporation for a term 
     expiring July 13, 2008, vice Robert J. Dieter.


                          department of state

       John Clint Williamson, of Louisiana, to be Ambassador at 
     Large for War Crimes Issues.
       Gaddi H. Vasquez, of California, for the rank of Ambassador 
     during his tenure of service as U.S. Representative to the 
     United Nations Agencies for Food and Agriculture.
       Michael E. Ranneberger, of Virginia, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the Republic of Kenya.
       Robert D. McCallum, Jr., of Georgia, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to Australia.
       Eric M. Bost, of Texas, to be Ambassador Extraordinary and 
     Plenipotentiary of the United States of America to the 
     Republic of South Africa.
       Leslie V. Rowe, of Washington, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to Papua New Guinea, and to serve 
     concurrently and without additional compensation as 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the Solomon Islands and Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Republic of Vanuatu.
       W. Stuart Symington IV, of Missouri, a Career Member of the 
     Senior Foreign Service, Class of Counselor, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Republic of Djibouti.
       Gayleatha Beatrice Brown, of New Jersey, a Career Member of 
     the Senior Foreign Service, Class of Counselor, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the Republic of Benin.
       Peter R. Coneway, of Texas, to be Ambassador Extraordinary 
     and Plenipotentiary of the United States of America to 
     Switzerland, and to serve concurrently and without additional 
     compensation as Ambassador Extraordinary and Plenipotentiary 
     of the United States of America to the Principality of 
     Liechtenstein.
       Clifford M. Sobel, of New Jersey, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Federative Republic of Brazil.
       Robert O. Blake, Jr., of Maryland, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the Democratic Socialist Republic of Sri 
     Lanka, and to serve concurrently and without additional 
     compensation as Ambassador Extraordinary and Plenipotentiary 
     of the United States of America to the Republic of Maldives.
       Thomas C. Foley, of Connecticut, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to Ireland.


                     SMALL BUSINESS ADMINISTRATION

       Steven G. Preston, of Illinois, to be Administrator of the 
     Small Business Administration.

               Nominations Placed on the Secretary's Desk


                              in the army

       PN1676 ARMY nomination of Con G. Pham, which was received 
     by the Senate and appeared in the Congressional Record of 
     June 14, 2006.
       PN1677 ARMY nominations (7) beginning DARYL W. FRANCIS, and 
     ending DWAINE M. TORGERSEN, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     June 14, 2006.
       PN1678 ARMY nominations (6) beginning BRIAN E. BISHOP, and 
     ending ALAN C. SAUNDERS, which nominations were received by 
     the Senate and appeared in the Congressional Record of June 
     14, 2006.
       PN1679 ARMY nominations (4) beginning JOSE R. ATENCIO III, 
     and ending CHRISTOPHER J. MORGAN, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of June 14, 2006.
       PN1680 ARMY nominations (3) beginning BRENT E. BRACEWELL, 
     and ending ALLEN L. MEYER, which nominations were received by 
     the Senate and appeared in the Congressional Record of June 
     14, 2006.
       PN1681 ARMY nominations (9) beginning BRUCE R. DESCHERE, 
     and ending MICHAEL B. ROUNTREE, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of June 14, 2006.
       PN1682 ARMY nominations (3) beginning MICHAEL L. ELLIS, and 
     ending KRISTINE KNUTSON, which nominations were received

[[Page 13509]]

     by the Senate and appeared in the Congressional Record of 
     June 14, 2006.
       PN1683 ARMY nomination of Debra R. Hernandez, which was 
     received by the Senate and appeared in the Congressional 
     Record of June 14, 2006.
       PN1684 ARMY nomination of Anne M. Emshoff, which was 
     received by the Senate and appeared in the Congressional 
     Record of June 14, 2006.
       PN1685 ARMY nomination of Andrew P. Cap, which was received 
     by the Senate and appeared in the Congressional Record of 
     June 14, 2006.
       PN1686 ARMY nominations (27) beginning MARK E. GANTS, and 
     ending SAMUEL L. YINGST, which nominations were received by 
     the Senate and appeared in the Congressional Record of June 
     14, 2006.
       PN1687 ARMY nominations (32) beginning CATHLEEN A. BURGESS, 
     and ending JEFFREY L. WELLS, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     June 14, 2006.
       PN1688 ARMY nominations (99) beginning HAZEL P. HAYNES, and 
     ending GlA K. YI, which nominations were received by the 
     Senate and appeared in the Congressional Record of June 14, 
     2006.
       PN1689 ARMY nominations (24) beginning Ben L. Clark, and 
     ending JENNIFER L. WILLIAMS, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     June 14, 2006.
       PN1690 ARMY nominations (699) beginning LYNN F. ABRAMS, and 
     ending ROBERT T. ZABENKO, which nominations were received the 
     Senate and appeared in the Congressional Record of June 14, 
     2006.


                          IN The MARINE CORPS

       PN1691 MARINE CORPS nominations (6) beginning CHRISTOPHER 
     J. GALFANO, and ending RUSSELL W. PARKER, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of June 14, 2006.


                              in the NAVY

       PN1692 NAVY nomination of Zina L. Rawlins, which was 
     received by the Senate and appeared in the Congressional 
     Record of June 14, 2006.


                    nomination of kenneth wainstein

  Mr. LEAHY. Mr. President, today we consider a nominee for the new 
position of Assistant Attorney General for the National Security 
Division. All too often, in the Bush-Cheney administration, national 
security has been cited as a justification for overriding the rule of 
law and for imposing unprecedented secrecy. With the acquiescence of 
the Republican-controlled Congress, this administration may be the most 
unresponsive in history and the most unaccountable.
  Ken Wainstein is President Bush's selection to be the first Assistant 
Attorney General for National Security, a new position created by 
Congress. I will not oppose this nomination in the hope that Mr. 
Wainstein will work with us and be responsive to the Senate.
  I have concerns about this administration's unilateral approach to 
national security issues. Four years ago, the Office of Legal Counsel 
at the Justice Department issued a secret legal opinion concluding that 
the President of the United States had the power to override domestic 
and international laws outlawing torture. The memo sought to redefine 
torture and asserted that the President enjoys ``complete authority 
over the conduct of war'' and asserted that application of the criminal 
law passed by Congress prohibiting torture ``in a manner that 
interferes with the President's direction of such core war matters as 
the detention and interrogation of enemy combatants would be 
unconstitutional.'' It seemed to assert that the President could 
immunize people from prosecution for violations of U.S. criminal laws 
that prohibit torture. This Justice Department memo was withdrawn only 
after it became public because it could not withstand public scrutiny.
  We have learned through the media of warrantless wiretapping and 
data-mining conducted by this administration. This, despite the Foreign 
Surveillance Intelligence Act and its express provisions and the 
actions on the Senate in voting to curtail the data-mining programs by 
Admiral Poindexter at the Defense Department. We have yet to be 
provided with a convincing legal justification for these programs. We 
have yet to be able to investigate or hold the administration 
accountable. Instead, every effort at oversight and accountability have 
been obstructed or curtailed by the administration. The administration 
refuses to follow the law and submit matters to the FISA court and 
claims state secrets to force court challenges to be dismissed. The 
administration tells the Senate when, what and how it may investigate. 
The Department of Justice's own, internal Office of Professional 
Responsibility's probe of whether or not lawyers at the Department 
violated ethical rules in justifying these activities was shut down by 
the Attorney General and the White House.
  As this administration continues to expand its power, the Department 
of Justice should be advising the President to obey the law and respect 
the Congress and the courts, not just helping to rationalize actions 
and forestall oversight.
  In theory, this new position might help Department of Justice 
attorneys to act responsibly on national security issues, rather than 
just to do the White House's bidding. It should put national security 
issues into the hands of experts, not political cronies. In fact, the 
WMD Commission recommended in March of last year that the different 
components of the Department's dealing with national security, 
terrorism, counterintelligence, and foreign intelligence surveillance 
be combined to eliminate deficiencies and inefficiencies in the 
Department's national security efforts. Congress acted to create the 
post. This new Assistant Attorney General position can only serve a 
useful role if the person who occupies it is willing to think 
independently. This administration has consistently prized loyalty over 
independence and expertise.
  Mr. Wainstein has some experience as a prosecutor, but he has also 
been a loyal official of this administration for some time now. I hope 
that he will be able to look at the crucial national security issues to 
be handled by this new office with a critical eye and a view toward 
respecting law and the Congress. If he does, he will be a breath of 
fresh air in the Bush-Cheney administration.
  Recently, Judiciary Committee Chairman Specter and I received a 
letter from the Fraternal Order of Police. The FOP ``endorsed'' Mr. 
Wainstein ``in order to facilitate his departure from the U.S. 
Attorney's Office.'' They criticized him for being ``unwilling to 
perform'' the function of investigating and prosecuting an alleged 
attack on a police officer. That is not what I would term high praise 
for his judgment. I ask that a copy of the letter be printed in the 
Record
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                      Grand Lodge,


                                    Fraternal Order of Police,

                                     Washington, DC, June 9, 2006.
     Hon. Arlen Specter,
     Chairman, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
     Hon. Patrick J. Leahy,
     Ranking Member, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
       Dear Mr. Chairman Specter and Senator Leahy, I am writing 
     on behalf of the members of the Fraternal Order of Police to 
     advise you of our position on the nomination of Kenneth L. 
     Wainstein, currently the U.S. Attorney for the District of 
     Columbia, to be the Assistant Attorney General for the 
     National Security Division at the U.S. Department of Justice.
       The F.O.P. is very frustrated by the manner in which Mr. 
     Wainstein is handling the investigation into the attack on a 
     Federal law enforcement officer by U.S. Representative 
     Cynthia L. McKinney. The grand jury has held this case for 
     more than two months when the usual practice of a Federal 
     prosecutor is to immediately arrest and swiftly indict people 
     that attack police officers. It is clear to us that the 
     accused in this case is receiving special treatment from Mr. 
     Wainstein. This is unacceptable--had the officer's attacker 
     in this case been a visitor to the Capitol instead of a U.S. 
     Representative, it is likely that he or she would have 
     already stood trial. Instead, under the stewardship of Mr. 
     Wainstein, we have a seemingly endless grand jury proceeding 
     and rumored talks of a plea deal, despite the fact that there 
     has not even been an indictment.
       Given that the basic function of a prosecutor is to 
     investigate and prosecute cases, and given that Mr. Wainstein 
     seems unwilling to perform this function in a simple assault 
     case, the F.O.P. was initially reluctant to support his 
     nomination to Assistant Attorney General. However, upon 
     further reflection, we have reconsidered. There is a genuine 
     need to have an effective and appropriately aggressive 
     Federal prosecutor in the District of Columbia and, because 
     the responsibilities of the position for which he has been 
     nominated are largely advisory in nature, we have decided to 
     advocate his swift

[[Page 13510]]

     and immediate confirmation in order to facilitate his 
     departure from the U.S. Attorney's office. In so doing, we 
     hope that his replacement will prove to be better able to 
     handle pending cases--particularly those involving assaults 
     on law enforcement officers.
       Justice is something that must be vigorously pursued and 
     Mr. Wainstein is waffling. We feel that someone of his 
     temperament is better suited to a less operational position 
     and, for this reason, on behalf of the more than 324,000 
     members of the Fraternal Order of Police, we urge his 
     expeditious confirmation. I thank you both in advance for 
     your consideration of our views on this matter. If I can be 
     for any further help, please feel free to contact me or 
     Executive Director Jim Pasco at my Washington office.
           Sincerely,
                                                 Chuck Canterbury,
                                               National President.


                     Small Business Administration

  Mr. KERRY. Mr. President, today the Senate Committee on Small 
Business and Entrepreneurship unanimously reported the President's 
nomination of Steven Preston to serve as Administrator for the Small 
Business Administration. I would like to thank Chair Snowe and her 
staff for their work on this nomination.
  Mr. Preston brings keen business sense and a wealth of management 
experience to an agency woefully in need of better management. From the 
disaster loan program to oversight of federal contracting, the SBA has 
failed small businesses under the current administration. Hurricane 
Katrina is now 10 months behind us, and still we are witnessing delays 
in getting loan money to the residents of the Gulf Coast. Deep budget 
cuts have bled the agency of key staff. Efforts to eliminate key 
programs like the Microloan program, PRIME and New Markets Venture 
Capital have undermined access to capital and business counseling for 
small businesses, especially the smallest of firms. As Mr. Preston 
stated many times throughout the nomination process, morale at the SBA 
is dangerously low. There is a vacuum of leadership into which Mr. 
Preston now steps, and there is much for him to do to reinvigorate this 
agency.
  I am hopeful that Mr. Preston will prove to be an aggressive advocate 
for small business. His career and his actions demonstrate that he is 
not a political person, and I hope his instincts lead him to do the 
right thing rather than the political thing. With investment, 
commitment, and most of all, strong leadership, the SBA can make a real 
difference in people's lives.
  I am also hopeful that as Administrator, Mr. Preston will fight for 
realistic budgets. The budget delivered to Congress by President Bush 
this past year had no basis in reality. The former SBA Administrator's 
reaction was to travel the country to support Administration proposals 
that often had little to do with the needs of small businesses. 
Meanwhile, the SBA budget was being slashed. The SBA needs someone who 
will consider the impact of the budget on small businesses and disaster 
victims and will fight budgets that hurt these communities. The 
President is proposing to assess unprecedented administrative fees on 
small business loans, on top of the high fees that are already passed 
on to small businesses in this zero subsidy environment. He is also 
trying to balance the Federal budget on the backs of disaster victims 
by raising interest rates on disaster loans. These are not recipes for 
helping small business, and I hope Mr. Preston recognizes that.
  The SBA also needs to be a more vigilant watchdog for small business 
contracting. The record of the last few years is appalling. Federal 
small business contracting numbers have been manipulated and overstated 
to score political points. The SBA's office dedicated to veterans 
contracting has been shut down. Implementation of the women's 
contracting program has been delayed for 6 years. The SBA IG reports 
and GAO reports make it clear: There is a pattern of neglect when it 
comes to SBA's oversight of federal contracting to ensure fair access 
for small firms. Report after report indicates that there needs to be 
more staff to oversee federal contracting, and the agency continues to 
deny our efforts to get more accurate small business contracting 
numbers. This is a serious problem, and through this nomination 
process, Mr. Preston has been made well aware that I and my fellow 
committee members expect it to be addressed.
  Above all, I am tired of hearing the administration's claim that it 
is doing ``more with less.'' At some point, this catch phrase gives way 
to the reality that an agency can no longer even fulfill its mandate 
with any less. It is my belief that we have reached that point. Small 
Business Development Centers have been forced to reduce services. 
Women's Business Centers are on the verge of shutting down. Lending to 
minorities has been generally flat or has gone down, particularly 
dollars loaned to African Americans and women. This agency has a unique 
role to play in fostering entrepreneurship in underserved communities. 
It is clear from his history of charitable involvement that Mr. Preston 
understands the needs of these underserved communities, and I hope that 
this spirit is evident in his work at the SBA on behalf of underserved 
and disadvantaged businesses.
  I have served on the Committee on Small Business and Entrepreneurship 
for 21 years, as ranking member or Chairman since 1997, and I have 
worked with a number of SBA Administrators. Too often, a nominee comes 
before the Committee and says all the right things to get confirmed. My 
hope for Mr. Preston is that he will not simply talk the talk, but that 
he will walk the walk. By living up to his promises, I think Mr. 
Preston will see that he and Congress can work side by side to help 
small businesses across the Nation.
  Ms. LANDRIEU. Mr. President, I welcome the confirmation of Steven 
Preston to be U.S. Small Business Administration, BSA Administrator. I 
had the pleasure of meeting with Mr. Preston a few weeks ago, and I 
believe that he has the management experience to take on the many 
challenges facing the Small Business Administration. More importantly, 
I was impressed with his passion to serve and to take on this 
particularly challenging position.
  For too long this agency, which serves the backbone of our Nation's 
economy, has been a second-class citizen in this administration. The 
SBA enjoyed Cabinet-level status under President Clinton but has since 
been downgraded to a second-tier agency. The SBA's budget has been cut 
by nearly 40 percent since 2001--more than any other Federal agency. 
This sends the wrong signal to small businesses, especially our small 
businesses down in the gulf coast. It tells them that they are not 
worth the investment, that small businesses are not a national 
priority.
  We need a SBA Administrator who is a ``work horse'' not a ``show 
horse.'' Washington has plenty of show horses, but they should not be 
running Federal agencies. We have seen that in the gulf, and we don't 
want to see it again. I am willing to work with Mr. Preston and with my 
colleagues on the Senate Committee on Small Business and 
Entrepreneurship to help the SBA be more effective and responsive in 
good times and bad.
  One of the first challenges Mr. Preston will face is to ensure that 
the SBA is ready for this year's hurricane season. Experts forecast 
that this will be a very active season, and the SBA has to be ready. 
Last year, we had the sense that the agency was acting by the seat of 
their pants. Under the circumstances, that is not so surprising. The 
country had never seen anything like Katrina before. But now Mr. 
Preston and the SBA have the opportunity to take the lessons of last 
year to better prepared for this year.
  The emergency supplemental appropriations bill we most recently 
passed contains language that I sponsored to require SBA to submit a 
comprehensive disaster preparedness plan to Congress by July 15. SBA 
did not have one in place for Katrina, so my colleagues and I want to 
ensure that they are more prepared for hurricane season this year and 
future disasters as well. I look forward to receiving this report next 
week.
  I mentioned that Mr. Preston's management experience will serve him 
well as he works to make the SBA a more efficient and responsive 
agency. Congress also needs to give SBA the tools to allow it to 
improve. After Katrina,

[[Page 13511]]

small businesses in Louisiana had nothing but complaints about SBA's 
service in the Disaster Loan Program. They needed access to immediate 
capital to pay employees, restore inventory, and make quick repairs, 
but SBA said it was not in the business of short-term recovery. That is 
why the upcoming SBJ reauthorization is going to be so important. This 
will be an opportunity to not only reauthorize funding for the SBA 
capital and technical assistance programs but also to make the SBA more 
responsive and efficient for future disasters.
  I intend to introduce legislation that I would like to see included 
in the reauthorization bill to give the SBA more tools for handling 
future disasters. We need to give SBA expedited disaster loan authority 
for businesses in good standing with the SBA. We need to authorize 
short-term bridge loan and grant authority, so that in a major 
disaster, businesses can get help earlier, rather than later. SBA needs 
a full-time planning staff, and we must encourage the agency to better 
utilize its district offices. In the aftermath of Katrina, we need a 
strong SBA more than ever. In taking the helm, Mr. Preston will be a 
pivotal figure in the recovery of the gulf coast as well as to the 
economic growth of small businesses nationwide.
  As Administrator, he will be inheriting an agency that by many 
accounts has an unfortunate legacy of mismanagement, inefficiency, poor 
employee morale, and soured relations with Congress. The management 
challenges are huge, but the need to do it right is greater. I believe 
that in Steven Preston, we have a nominee who can use his corporate 
management and finance experience to fix SBA. I invite him to not be 
afraid to take on the old ways of doing things at SBA. If he runs into 
roadblocks, come talk to us on the Senate Small Business Committee. If 
he needs a legislative change to move this agency forward, come to us. 
We want this agency to work. Our small businesses need this agency to 
work and to work well.

                          ____________________