[Congressional Record (Bound Edition), Volume 152 (2006), Part 2]
[Senate]
[Pages 2095-2097]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   DEPARTMENT OF DEFENSE NOMINATIONS

  Mr. WARNER. Mr. President, I again thank the distinguished majority 
leader. He made reference to the George Washington Farewell Address. I 
remember 25 years ago, a quarter of a century ago, I gave the address 
and I was awakened on that day to 25 inches of snow. The only people 
who came to the Congress that day were the Presiding Officer, a clerk, 
and myself to deliver that address. I remember I walked from my then-
residence some 2 miles in the snow. There was a farmer's march here, 
and they were all in a tent camp, and a tractor drove me up the hill 
the final 3 or 4 blocks. It was one

[[Page 2096]]

of the few moments of any fame in my life. I was picked by The New York 
Times as the ``Man of the Week'' for forging through the storm to give 
that very important address. Since then, it has all been downhill for 
me.
  I wish to address the Senate with regard to these nominations for the 
Department of Defense. I ask unanimous consent to have printed in the 
Record a brief biography of each of these distinguished Americans who 
have stepped forward to take on these responsibilities.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                            James I. Finley

       Jim has over 30 years of multi-national business leadership 
     and management experience. Programs span air, land. sea and 
     space for the DoD, all services and DARPA, and include the 
     FAA Automatic Surface Detection Radar systems and the NASA 
     Space Shuttle Program. Systems and subsystems experience 
     includes mission analysis, design. development and deployment 
     of weapon delivery, flight control, navigation, information 
     management, C4ISR, battle space management, chem/bio defense 
     systems. His education includes a Masters of Business 
     Administration, MBA, and Bachelors of Science in Electrical 
     Engineering, BSEE.
       With a background that includes marketing, finance. program 
     management, engineering and manufacturing. he brings a broad 
     experience base of technology including international 
     technology transfer, outsourcing, product development, multi-
     plant operations management, lean manufacturing 
     implementation, demand flow technology programs, six sigma/
     black belt systems, information technology systems, 
     purchasing, logistics, facilities, security, product support 
     and total quality management.
       His leadership and strategic planning abilities have led 
     many companies. including large and small operations, to 
     achieve double-digit financial growth. Jim has also 
     participated in many acquisitions and divestitures providing 
     business analysis including strategic fit, organizational 
     alignment, marketing assessments, project evaluations and 
     manufacturing audits.
       Jim has achieved significant operational recognition and 
     success through progressive, increasing management 
     responsibilities at General Electric, Singer. Lear Siegler, 
     United Technologies and General Dynamics, where he was a 
     Corporate Officer, President of Information Systems and Chair 
     of the Business Development Council. In 2002, Jim formed his 
     own consulting company, The Finley Group, LLC, that provides 
     business assistance and advice for all facets of the business 
     cycle including start-up, growth, acquisition and 
     divestiture.
       He resides in Ghanhassen, Minnesota, and enjoys golf, 
     cycling, fishing, reading and volunteer's work.
                                  ____


                               Pete Geren

       Pete Geren joined the Department of Defense in September of 
     2001 to serve as Special Assistant to the Secretary of 
     Defense with responsibilities in the areas of inter-agency 
     initiatives, legislative affairs and special projects.
       Prior to joining the Department of Defense, Geren was an 
     attorney and businessman in Fort Worth, Texas.
       From 1989 until his retirement in 1997, Geren was a member 
     of the U.S. Congress, representing the Twelfth Congressional 
     District of Texas for four terms. He served on the Armed 
     Services, Science & Technology and the Public Works and 
     Transportation Committees during his tenure in the Congress.
       Geren received his BA degree from the University of Texas 
     in 1974 and his JD from University of Texas Law School in 
     1978. He and his wife, Beckie, have three daughters, Tracy, 
     Annie and Mary.
                                  ____


                         Thomas Paul D'Agostino

       Mr. Thomas Paul D'Agostino is the Assistant Deputy 
     Administrator for Program Integration and leads the Office of 
     Defense Programs at the Department of Energy's National 
     Nuclear Security Administration, NNSA. Mr. D'Agostino directs 
     the Stockpile Stewardship Program, SSP, which is responsible 
     for maintaining the safety, security, and reliability of the 
     Nation's nuclear weapons stockpile. The NNSA's nuclear 
     weapons complex includes three national research 
     laboratories, the Nevada Test Site, and four production 
     plants,
       Defense Programs oversees the SSP, which employs over 
     30,000 people around the country. This approximately $5.2 
     billion program encompasses operations associated with 
     manufacturing, maintaining, refurbishing, and dismantling the 
     nuclear weapons stockpile. Defense Programs also provides 
     oversight and direction of the research, development, and 
     engineering support to maintain the safety and reliability of 
     the nuclear weapons stockpile in the absence of underground 
     testing, and assures the capability for maintaining the 
     readiness to test and develop new warheads, if required.
       In other previous assignments, Mr. D'Agostino served as the 
     Deputy Director for the Nuclear Weapons Research, 
     Development, and Simulation Program where he directed the 
     formulation of the programs and budget for the research and 
     development program that supports the SSP. From 1989 to 1996, 
     Mr. D'Agostino worked in numerous assignments within the 
     Federal Government in the startup of the Department's tritium 
     production reactors and at the Naval Sea Systems Command as a 
     program manager for the SEAWOLF submarine propulsion system.
       Mr. D'Agostino is currently a Captain in the U.S. Naval 
     Reserves where he has served with the Navy Inspector General 
     and with the Deputy Chief of Naval Operations for Submarine 
     Warfare in developing concepts for new attack submarine 
     propulsion systems. He also served with the Deputy Chief of 
     Naval Operations for Plans, Policy, and Operations, N3/5, in 
     the Navy Command Center in the Pentagon. In this capacity, he 
     was the French Desk Officer for the Chief of Naval Operations 
     responsible for all Politico-Military interactions with the 
     French Navy and served as the Duty Captain at the Navy 
     Command Center.
       He spent over eight years on active duty in the Navy as a 
     submarine officer to include assignments onboard the USS 
     Skipjack, SSN 585, and with the Board of Inspection and 
     Survey where he was the Main Propulsion and Nuclear Reactor 
     Inspector. In this position, he performed nuclear reactor and 
     propulsion engineering inspections for over 65 submarines and 
     nuclear-powered ships in the Atlantic and Pacific Fleets.
       Mr. D'Agostino's awards include the Navy Commendation Medal 
     with Gold Stars, Navy Achievement Medal, Navy Expeditionary 
     Medal, Meritorious Unit Commendation, National Defense 
     Service Medal, Presidential Rank Meritorious Executive Award, 
     and numerous other awards. Mr. D'Agostino is married to Beth 
     Ann Alemany of Manchester, CT, and has two children. Mr. 
     D'Agostino is a member of the Senior Executive Service.
       Education: Naval War College, Newport, RI, MS National 
     Security Studies, 1997 (Distinguished Graduate), Johns 
     Hopkins University, Baltimore, MD, MS Business Finance, 1992, 
     United States Naval Academy, Annapolis, MD. BS Physical 
     Science, 1980.

  Mr. WARNER. In a time of great concern for those of us who, on a 
daily basis, work the situations primarily in Iraq and Afghanistan, I 
hope to make I think my sixth or seventh trip to that region in the 
not-too-distant future, and I am hopeful that a number of Senators will 
find the opportunity to make similar trips because the situation in 
both areas, in my judgment, still has a high degree of fragility and a 
high degree of uncertainty. We have to reinforce the resolve of our 
Nation, working with our coalition partners, to achieve the goals that 
were set down by the respective governments in the coalition and, 
indeed, the wise and strong leadership of the President of the United 
States, in the absolute necessity that we enable both of these nations 
to establish that form of democracy that they consider best suits them.
  Great progress has been made in Afghanistan. Elections have been held 
there. We have seen recent elections likewise in Iraq. Progress is 
being made. I will have further remarks on this subject when the Senate 
returns after the recess. But it is absolutely imperative that the 
various factions in Iraq--Shia, Kurds--work together to bring in a 
representative group from the Sunni faction to establish this 
government. It seems to be off to a start, a little slower--I will 
speak for myself--than I had hoped. But we have to impress upon the 
leadership in those three political divisions that time is running out. 
That government must be formed. They must pick individuals of 
unquestioned strength and integrity to run the Ministries--primarily 
the Ministry of Defense, the Ministry of the Homeland--the Interior.
  I think we have given an extraordinary measure, through loss of life, 
loss of limb, through economic support. It is an enormous drain. We 
will soon be dealing with enormous sums of money in continuing 
supplementals to allow those people in Iraq, as well as Afghanistan, to 
achieve their level of democracy.
  As does every Member of this Chamber, I feel for those members of the 
family in the United States, and indeed for those of our coalition 
partners, who have lost a family member or are bringing back their 
family member to nurture that individual who has been wounded so they 
can once again resume their life and their own responsibilities.


                              Surveillance

  I wish to comment on a different subject which has given me a great 
deal of

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concern, and that is this question of surveillance. I will 
unhesitatingly now say, given the statements yesterday by the 
distinguished chairman of the Intelligence Committee--I am privileged 
to serve on that committee--that in consultation with the White House, 
we will proceed, hopefully, on a constructive and fair and objective, 
to the extent we can get politics out of it, look at the existing laws 
and determine such modifications as can be agreed upon.
  I have continuously taken that stance, quietly, in consultation with 
my colleagues here, with members of the gang of 14, I may say, which 
has taken a constructive role in other areas--they have given some 
consideration and they have a position on that after we return. But it 
is imperative that we approach this in a bipartisan way.
  The intelligence system underpins--it is the foundation on which we 
conduct our operations of the military in harm's way. It is what we 
call a force multiplier, meaning for every bit of factual, sound, 
accurate intelligence effort that can be given to the Armed Forces 
engaging the enemy, the likelihood is that it produces an advantage 
such that you possibly would have fewer military people to carry out 
the mission if you know with great precision what has to be done. We 
refer to it as a force multiplier in the annals of military planning 
and history, throughout our recent history. That system has undergone 
some stresses, occasioned by the wise--I was a partner through this--
legislation to establish the means by which our Nation, through its 
military and civilian representatives, deals with those taken as 
prisoners. That is behind us.
  We are now faced with the imperative necessity to give our President 
every possible power in which to continue to utilize the wide spectrum 
of assets this Nation has to gain that same intelligence to guide us in 
the days and the weeks and the months to come and, indeed, I say the 
years to come because the war on terrorism is going to go on long after 
I have departed this Earth, and it will be the responsibility of my 
children and my grandchildren, regrettably, for their lifetimes.
  That is the turn of events that we now experience in this troubled 
world. Consequently, our President, as the leader of the most powerful 
Nation of the free world, must be given all the powers that we possibly 
can under our Constitution, preserving the integrity of what we call 
our basic rights and freedoms as given by the Constitution. But at the 
same time, without that valuable intelligence, we run a greater and 
greater risk to preserve these freedoms if we do not have it strong and 
in place and fully functioning.
  I hope we can arrive at some legislative package--and it should not 
be seen as the administration giving in to the Congress or the Congress 
overriding. No, we must work as coequal branches in partnership.
  Recently I had a chance to have a private conversation with the 
Attorney General of United States and, indeed, the senior officers who 
are engaged in intelligence gathering. I felt they should build a 
bridge between the two branches of Government and let us cross it 
together and decide how we can strengthen this system and leave no 
doubt--I underscore that--no doubt in the minds of every American 
citizen that our President is acting within the law, acting consistent 
with the Constitution of the United States as those powers were 
enumerated 200-plus years ago but still are as vitally important today 
as ever.
  But this world has moved so far, for example, in the 30-odd years of 
the FISA Act, which is the core piece of legislation at the moment that 
is out in the public domain with years of study--so much new technology 
has come on that it is time to look at the revisions which need to be 
made under that act.
  I do not think we should hold tenaciously on this question of the 
constitutional authority of Government as being the sole province of 
the administration for interpretation. Having trained in the law 
myself, I don't express any great expertise, but I know men and women 
of clear and sound and patriotic conscience on both sides of this issue 
looking at the words of the Constitution will determine exactly what 
the powers of our President are. Yes, this is a political potion and 
element to the debate, but still beyond that there are men and women of 
good, sound character and will on both sides of that issue.
  People say: Well, let it be resolved by the courts. It may well come 
to pass.
  But each day we let this uncertainty exist has the potential to 
further impair the intelligence system. Those of our citizens engaged 
in it and those partners we share intelligence with around the world 
are beginning to wonder if there is an uncertainty about the status and 
the authority of what we are doing out on the front lines gathering 
intelligence, as well as all the way through the chain back to those in 
positions of responsibility in Washington and elsewhere. You might not 
get the degree of intelligence that you need.
  We have to remove that uncertainty, and move this Nation forward ever 
so strongly in its collection capabilities, and remove from those 
citizens--I am not one who follows the polls, and I am not one dictated 
to by the polls, but the reality is a lot of citizens of clear 
conscience believe the President may not be acting within the law. We 
have to remove that. We want every person in the United States to 
believe our President is acting within the law as we pursue this war on 
terrorism.
  I am very pleased to support what the distinguished Chairman Pat 
Roberts said about the meeting yesterday, and that there will be, in a 
consultative process, an analysis made by the Congress and the 
administration in resolving this, and possibly we can seek legislation. 
It will be a challenge because of the question of the degree of 
knowledge that we have with regard to how collection is undertaken and 
how we translate that into law. That will be an unusual challenge 
facing this body, and we are going to have to reach down and search in 
our souls and put politics to one side and determine that we are acting 
in the present and long-term interests of this country--that we have to 
do it in such a way that when it is concluded we have across the board 
supported the American public to continue to move forward stronger.
  I yield the floor.

                          ____________________