[Congressional Record (Bound Edition), Volume 156 (2010), Part 1]
[Senate]
[Pages 1387-1389]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. REID. Mr. President, we have a number of nominations that have 
been cleared. I appreciate the cooperation of the Republicans in this 
regard. I have said enough on this subject. I am glad we are able to 
get this many done.
  Mr. President, I ask unanimous consent that the Senate proceed to 
executive session to consider Calendar Nos. 531, 580, 602, 615, 622, 
623, 627, 631, 642, 645, 646, 650, 651, 658, 659, 660, 662, 666, 686, 
687, 689, 690, 691, 692, 693, 694, and 695; that the nominations be 
confirmed en bloc and the motions to reconsider be laid upon the table 
en bloc; that no further motions be in order; that any statements 
relating to the nominations be printed in the Record; that the 
President be immediately notified of the Senate's action, and the 
Senate then resume legislative session.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                  UNITED STATES SENTENCING COMMISSION

       Ketanji Brown Jackson, of Maryland, to be a Member of the 
     United States Sentencing Commission for a term expiring 
     October 31, 2013.

[[Page 1388]]




                         DEPARTMENT OF JUSTICE

       Susan B. Carbon, of New Hampshire, to be Director of the 
     Violence Against Women Office, Department of Justice.


                          DEPARTMENT OF STATE

       Betty E. King, of New York, to be Representative of the 
     United States of America to the Office of the United Nations 
     and Other International Organizations in Geneva, with the 
     rank of Ambassador.


                    DEPARTMENT OF HOMELAND SECURITY

       Caryn A. Wagner, of Virginia, to be Under Secretary for 
     Intelligence and Analysis, Department of Homeland Security.


                          DEPARTMENT OF LABOR

       Sara Manzano-Diaz, of Pennsylvania, to be Director of the 
     Women's Bureau, Department of Labor.


             CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

       Patrick Alfred Corvington, of Maryland, to be Chief 
     Executive Officer of the Corporation for National and 
     Community Service.


                     DEPARTMENT OF VETERANS AFFAIRS

       Robert A. Petzel, of Minnesota, to be Under Secretary for 
     Health of the Department of Veterans Affairs.


                         DEPARTMENT OF COMMERCE

       Nicole Yvette Lamb-Hale, of Michigan, to be an Assistant 
     Secretary of Commerce.


                       DEPARTMENT OF THE TREASURY

       Marisa Lago, of New York, to be an Assistant Secretary of 
     the Treasury.


                DEPARTMENT OF HEALTH AND HUMAN SERVICES

       Ellen Gloninger Murray, of Virginia, to be an Assistant 
     Secretary of Health and Human Services.
       Bryan Hayes Samuels, of Illinois, to be Commissioner on 
     Children, Youth, and Families, Department of Health and Human 
     Services.


                       DEPARTMENT OF THE TREASURY

       Charles Collyns, of Maryland, to be a Deputy Under 
     Secretary of the Treasury.
       Mary John Miller, of Maryland, to be an Assistant Secretary 
     of the Treasury.


                         DEPARTMENT OF JUSTICE

       Andre Birotte, Jr., of California, to be United States 
     Attorney for the Central District of California for the term 
     of four years.
       Richard S. Hartunian, of New York, to be United States 
     Attorney for the Northern District of New York for the term 
     of four years.
       Ronald C. Machen, Jr., of the District of Columbia, to be 
     United States Attorney for the District of Columbia for the 
     term of four years.


                         DEPARTMENT OF DEFENSE

       Mary Sally Matiella, of Arizona, to be an Assistant 
     Secretary of the Army.
       Douglas B. Wilson, of Arizona, to be an Assistant Secretary 
     of Defense.


           NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

       Irvin M. Mayfield, Jr., of Louisiana, to be a Member of the 
     National Council on the Arts for a term expiring September 3, 
     2014.


            OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

       Cynthia L. Attwood, of Virginia, to be a Member of the 
     Occupational Safety and Health Review Commission for a term 
     expiring April 27, 2013.


               SECURITIES INVESTOR PROTECTION CORPORATION

       Sharon Y. Bowen, of New York, to be a Director of the 
     Securities Investor Protection Corporation for a term 
     expiring December 31, 2012.
       Orlan Johnson, of Maryland, to be a Director of the 
     Securities Investor Protection Corporation for a term 
     expiring December 31, 2011.


              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

       Douglas A. Criscitello, of Virginia, to be Chief Financial 
     Officer, Department of Housing and Urban Development.
       Theodore W. Tozer, of Ohio, to be President, Government 
     National Mortgage Association.


                         DEPARTMENT OF COMMERCE

       David W. Mills, of Virginia, to be an Assistant Secretary 
     of Commerce.
       Suresh Kumar, of New Jersey, to be Assistant Secretary of 
     Commerce and Director General of the United States and 
     Foreign Commercial Service.
       Kevin Wolf, of Virginia, to be an Assistant Secretary of 
     Commerce.


                       nomination of Caryn Wagner

  Mrs. FEINSTEIN. Mr. President, I support the nomination of Ms. Caryn 
Wagner to be Under Secretary of Intelligence and Analysis at the 
Department of Homeland Security, DHS, and urge my colleagues to confirm 
her. The Intelligence Committee unanimously approved the nomination by 
voice vote on December 10, 2009.
  The Under Secretary of Intelligence and Analysis leads the Office of 
Intelligence and Analysis at the Department of Homeland Security, which 
is among the youngest elements of the U.S. intelligence community. The 
main responsibilities of the Office are to ensure that information 
related to homeland security threats is (1) collected, analyzed, and 
disseminated to homeland security customers in the Department, at the 
State, local, and tribal levels; (2) shared as appropriate with private 
sector entities; and (3) provided to other intelligence community 
agencies. The Under Secretary of the Office leads these efforts, 
provides homeland security intelligence and advice to the Secretary and 
other senior officials in the Department of Homeland Security, and 
serves as the Department's senior interagency intelligence 
representative.
  The cases of Najibullah Zazi in New York and David Headley in 
Chicago, both U.S. persons allegedly involved in plotting terrorist 
acts and having ties to noted terrorist groups overseas, show the 
threat of violent Islamist radicalization occurring in this country is 
real. The Department of Homeland Security was created in 2002 to focus 
on the threat of terrorist activity in the United States, a mission 
that is vitally dependent on good, accurate, actionable intelligence.
  Nonetheless, the Office of Intelligence and Analysis has experienced 
numerous problems in its short tenure and members of the Intelligence 
Committee and the Homeland Security Committee have frequently raised 
concerns. Of particular note have been the Office's ill-defined 
planning, programming and budget processes; a gross overreliance on 
contractors to the point that 63 percent of the workforce was 
contractor personnel as of this summer; and a lack of a strategic plan. 
On a number of occasions the Office has produced and disseminated 
finished intelligence that has been based on noncredible open source 
materials or focused intelligence resources on the first amendment 
protected activities of American citizens.
  Clearly, the Office is in need of strong leadership from an Under 
Secretary with an extensive background in management and intelligence.
  The Intelligence Committee is confident that Ms. Wagner is such a 
person and is up to the challenge of setting the DHS Office of 
Intelligence and Analysis on a proper course. If confirmed, among her 
first tasks will be to review a draft plan to restructure and refine 
the Office's mission, which will be a good first indication of how Ms. 
Wagner will manage the organization.
  Ms. Wagner's distinguished career in public and private service 
prepares her well for this position. Ms. Wagner is currently an 
instructor in intelligence resource management for the Intelligence and 
Security Academy, LLC.
  She retired from the House Permanent Select Committee on Intelligence 
on October 1, 2008, where she served as budget director and 
cybersecurity coordinator. Prior to that, Ms. Wagner served in the 
Office of the Director of National Intelligence as an Assistant Deputy 
Director of National Intelligence for Management and the first chief 
financial officer for the National Intelligence Program. She assumed 
this position after serving as the executive director for Intelligence 
Community Affairs.
  Ms. Wagner has also previously served as the senior Defense 
Intelligence Agency Representative to the U.S. European Command and 
North Atlantic Treaty Organization as well as the Deputy Director for 
Analysis and Production at DIA. She was also formerly the staff 
director of the Subcommittee on Technical and Tactical Intelligence at 
the House Permanent Select Committee on Intelligence and a signals 
intelligence and electronic warfare officer in the U.S. Army.
  President Obama nominated Ms. Wagner on October 23, 2009. After 
completing the prehearing procedures, the Intelligence Committee held a 
confirmation hearing on the nomination on December 1, 2009. As part of 
the confirmation process, Ms. Wagner was asked to complete a committee 
questionnaire, prehearing questions, and posthearing questions for the 
record. The answers she provided have all been posted to the 
Intelligence Committee's Web site. The Senate Homeland Security and 
Government Affairs Committee also held a hearing on Ms. Wagner's 
nomination on December 3, 2009.

[[Page 1389]]

  In sum, I am confident that Caryn Wagner will be an asset to the 
Department of Homeland Security and to the intelligence community. I 
look forward to working with her and I urge the Senate to approve Ms. 
Wagner's nomination.


                    Nomination of Andre Birotte, Jr.

  Mr. President, nominations in this Chamber are moving at a snail's 
pace.
  Last week, it took us three votes--spanning 3 days--to move only two 
nominations.
  Last Thursday, we had a cloture vote on Martha Johnson, the nominee 
to lead the General Services Administration. The Homeland Security and 
Governmental Affairs Committee reported her to the floor unanimously 
last June, but since then her nomination has been blocked on the floor 
for 7 months. Seven months of a hold. And then once cloture was 
invoked, 94 Members of this body voted to confirm her.
  Unfortunately, the minority's blocking of noncontroversial nominees 
is becoming the rule rather than the exception.
  Last Tuesday, I spoke about two nominees for posts in the 
intelligence community--Caryn Wagner to be the Under Secretary of 
Intelligence and Analysis at the Department of Homeland Security, DHS, 
and of Ambassador Phil Goldberg to be the Assistant Secretary for 
Intelligence and Research at the Department of State.
  Neither nomination is controversial. Both were reported out of the 
Senate Intelligence Committee by voice vote. And both of these posts 
are critical to efforts to protect the security of our Nation.
  Yet both nominations are still blocked on the floor.
  Today, I rise to speak on yet another noncontroversial nomination 
that members of the minority are blocking.
  Andre Birotte, Jr., is the nominee to be the U.S. attorney for the 
Central District of Los Angeles. He was reported out of the Judiciary 
Committee by voice vote.
  He is highly qualified, and he is not controversial.
  Mr. Birotte is a former Federal prosecutor in the office who 
currently serves as the inspector general for the Los Angeles Police 
Commission. In this role, he has the often unenviable job of 
determining whether disciplinary action is necessary against law 
enforcement officials who have been accused of official misconduct. His 
position requires him to review the facts and follow where they lead--
even in highly sensitive situations.
  In this tough role, Mr. Birotte has stood out for integrity and 
evenhandedness. He has earned the overwhelming respect and support of 
both law enforcement officers and the civil rights community.
  Mr. Birotte is tough. He is independent. He has management 
experience. He has prosecution experience. And I believe he will make 
an excellent U.S. attorney.
  He will also be the first African-American U.S. attorney in the 
central district. It is my hope that his historic appointment as the 
lead Federal law enforcement official in Los Angeles will be one more 
step forward for a city that has known both great progress and, at 
times, acute disappointment in race relations.
  For all of these reasons, I would like to see him confirmed as soon 
as possible.
  This nomination is not just important to me because of the strength 
of the nominee, however. I also believe it is essential that we get 
this Office's leader into place.
  The U.S. Attorney's Office in the Central Distric of California is 
the second largest in the country. Only the Office in the District of 
Columbia is larger, and that is because it has unusual responsibility 
for both local and Federal crimes.
  The central district office employs more than 250 Federal 
prosecutors. They bear responsibility for prosecuting violations of 
Federal law across seven counties--Los Angeles County, Orange County, 
Riverside County, San Bernardino County, San Luis Obispo County, Santa 
Barbara County, and Ventura County--that span more than 40,000 square 
miles. The district includes Los Angeles and 34 other cities, with a 
combined population of more than 18 million.
  It is a huge operation.
  As in all of the U.S. attorneys' offices, the prosecutors in the 
Central District of California are busy.
  In the past year alone, the U.S. Attorney's Office has brought in 
over $150 million in judgments, won significant convictions against 
leaders of gangs and fraudulent enterprises, and placed people behind 
bars for crimes committed around the world.
  Let me give you a few examples, all from 2009 and 2010:
  Central District prosecutors secured a $46 million restitution order 
in a case against a former real estate appraiser who committed massive 
mortgage fraud.
  They put the leader of a $64 million Ponzi scheme behind bars for 300 
months and won a $44 million restitution order against him.
  They indicted 88 members and associates of a street gang called the 
Avenues on various charges, including the 2008 murder of a Los Angeles 
deputy sheriff; they indicted 24 people on gang-related drug 
trafficking in an investigation known as Operation Knockout; they took 
down an international sex trafficking ring that was forcing Guatemalan 
girls into prostitution in Los Angeles; they put a foreign national 
behind bars for 78 months for participating in the transport of over 
9,000 illegal aliens to and from Los Angeles; and they obtained a 
conviction and 16-year prison sentence against the founder of a 
domestic terrorist group that was planning attacks on U.S. military 
operations.
  All of those prosecutions have occurred in the last 13 months alone.
  Andre Birotte is a highly qualified individual who has been nominated 
not to lead an office embroiled in the politics of Washington, but 
instead that bears responsibility for investigating, prosecuting, 
deterring, and preventing Federal crimes against Americans and their 
families.
  I do not believe the leadership of this office should get caught up 
in an unrelated dispute. If someone objects to Mr. Birotte, I hope they 
will come forward. Otherwise, I hope that we can move forward quickly 
to confirm this nominee.

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