[Congressional Record Volume 149, Number 12 (Thursday, January 23, 2003)]
[Senate]
[Pages S1495-S1496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE CALENDAR
Mr. COLEMAN. Mr. President, I ask unanimous consent that the Senate
immediately proceed to executive session to consider the following
nominations on the Executive Calendar: Nos. 2 through 16, and 19.
I further ask unanimous consent that the nominations be confirmed,
the motions to reconsider be laid upon the table, any statements
relating to the nominations be printed 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:
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 the title 10,
U.S.C., section 601:
To be lieutenant general
Lt. Gen. George W. Casey, Jr.
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
Lt. Gen. John P. Abizaid
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Celeste Colgan, of Texas, to be a Member of the National
Council on the Humanities for a term expiring January 26,
2008.
Jewel Spears Brooker, of Florida, to be a Member of the
National Council on the Humanities for a term expiring
January 26, 2008.
Elizabeth Fox-Genovese, of Georgia, to be a Member of the
National Council on the Humanities for a term expiring
January 26, 2008.
Stephen McKnight, of Florida, to be a Member of the
National Council on the Humanities for a term expiring
January 26, 2006.
Sidney McPhee, of Tennessee, to be a Member of the National
Council on the Humanities for a term expiring January 26,
2008.
Lawrence Okamura, of Missouri, to be a Member of the
National Council on the Humanities for a term expiring
January 26, 2008.
Marguerite Sullivan, of the District of Columbia, to be a
Member of the National Council on the Humanities for a term
expiring January 26, 2008.
Stephen Thernstrom, of Massachusetts, to be a Member of the
National Council on the Humanities for a term expiring
January 26, 2008.
David Hertz, of Indiana, to be a Member of the National
Council on the Humanities for a term expiring January 26,
2006.
Terry L. Maple, of Georgia, to be a Member of National
Museum Services Board for a term expiring December 6, 2005
NATIONAL INSTITUTE FOR LITERACY
Phyllis C. Hunter, of Texas, to be a Member of the National
Institute for Literacy Advisory Board for a term of two
years. (New Position)
Blanca E. Enriquez, of Texas, to be a Member of the
National Institute for Literacy Advisory Board for a term of
three years. (New Position)
Douglas Carnine, of Oregon, to be a Member of the National
Council Institute for Literacy Advisory Board for a term of
three years. (New Position)
DEPARTMENT OF HOMELAND SECURITY
Asa Hutchinson, of Arkansas, to be Under Secretary for
Border and Transportation, Department of Homeland Security.
(New Position)
Mr. McCAIN. Mr. President, the Senate has just confirmed the
appointment of Asa Hutchinson to serve as the Under Secretary for
Border and Transportation Security at the Department of Homeland
Security. This is a very important position within the newly created
Department, and one that encompasses far-reaching responsibilities.
Therefore, I am pleased the Senate was able to move expeditiously on
this confirmation so that Congressman Hutchinson can be in his position
when the new Department officially begins operation tomorrow, January
24.
The Under Secretary for Border and Transportation Security is charged
with critical duties, including: preventing the entry of terrorists and
the instruments of terrorism into the United States; securing the
borders, territorial waters, ports, terminals, waterways, and air,
land, and sea transportation systems of the United States;
administering U.S. customs laws; establishing national immigration
enforcement policies and priorities; carrying out INS immigration
enforcement functioning; and administering the granting of visas or
other forms of permission to enter the United States.
With these duties will go jurisdiction over many existing government
units, including the United States Customs Service of the Department of
the Treasury, the Transportation Security Administration, TSA, of the
Department of Transportation, the Federal Protective Service of the
General Services Administration, the Federal Law Enforcement Training
Center of the Department of the Treasury, and the Office for Domestic
Preparedness of the Office of Justice Programs of the Department of
Justice.
[[Page S1496]]
Security policies are intertwined with safety policies, and many of
the Under Secretary's functions are closely linked to other agencies of
the federal governmental, such as the modal administrations responsible
for transportation safety at the Department of Transportation. Further,
many duties overseen by the Under Secretary have been and will continue
to be performed by the Coast Guard. All of these functions will have to
be carefully coordinated under Congressman Hutchinson's leadership.
The Under Secretary will face many difficult challenges, including
those associated with the very serious situation at our southern
border. For example, Arizona has been a leading gateway for illegal
immigrants into the U.S. since the mid-1990s. Illegal immigrants are
dying along on our borders. The attrition rate for Border Patrol Agents
and INS inspectors has reached alarming levels. We have reached the
point where we now have private citizens taking up arms and forming
militia groups to patrol the border because they feel the federal
government has failed to protect them. Just yesterday, the Wall Street
Journal reported about the death of a U.S. Park Ranger in Arizona who
was killed last August along the border, the fourth ranger killed in
the line of duty since 1990. Further, uncompensated emergency and
medical care provided to undocumented immigrants has left many border
hospitals on the verge of financial ruin. Leadership and attention must
be paramount in any effort undertaken by the Under Secretary to
adequately address the wide range of border security issues, including
how to ensure adequate resources are deployed for enforcement purposes.
Yesterday, the Commerce, Science, and Transportation Committee held
its hearing to consider Congressman Hutchinson's nomination. We
unanimously approved his nomination earlier today. The new Under
Secretary will certainly have our Committee's full support as he takes
on the many great challenges that he will face in his new position. The
American public is very fortunate to have such a fine, capable,
hardworking citizen agree to take on the immense responsibilities
associated with this public service position.
I urge my colleagues' swift confirmation of Congressman Hutchinson.
Mr. LEAHY. Mr. President, the Senate today considers the nomination
of Asa Hutchinson to become the first Undersecretary of Border and
Transportation Security for the Department of Homeland Security. I will
vote for this nomination, but not without reservations.
In addition to his service as head of the Drug Enforcement
Administration, most of us in the Senate also know Asa Hutchinson from
the substantial amount of time he spent on the floor of the Senate a
few years ago during the impeachment trial of President Clinton. He and
I were both involved in the deposition phase of that trial, and
although we reached opposite conclusions on the question of
impeachment, I found him to be a skilled attorney and advocate for his
position, and a very likable colleague.
Because of my respect for him, I expedited his 2001 nomination to
head the DEA. I noticed a hearing only days after becoming chairman of
the Judiciary Committee, held the hearing the following week, and
scheduled a committee vote for the earliest possible time. I then
worked with Senator Daschle to have the full Senate consider his
nomination as quickly as possible.
In his role as administrator, I believe he has done many things well.
I do, however, have two concerns I would like to express today.
At his confirmation hearing to head the DEA, I asked Mr. Hutchinson
whether the Federal Government should make it a priority to prosecute
people who distribute marijuana to ill people in States that have
legalized marijuana for medicinal use. He said he wanted to work with
the Attorney General and develop an appropriate policy to reflect the
Federal-State tensions involved in the issue. If such a policy was
developed, I am unaware of it. In practice, the DEA under Administrator
Hutchinson's leadership took a very tough line against the use of
marijuana for medical purposes, launching a number of raids in
California against individuals and groups that were operating in
compliance with California law.
In Vermont, we are experiencing severe and growing problems with
heroin abuse and our law enforcement officers face extraordinary
burdens, it is problems like that that should be a priority for the
DEA. Administrator Hutchinson's decision to use substantial Federal
resources to crack down on the use of marijuana by ill people strikes
me as setting the wrong priority, and certainly a different priority
than he identified at his hearing.
I am also concerned by recent reports that Administrator Hutchinson
made extensive use of Government planes at significant taxpayer expense
for public appearances, while previous administrators flew commercially
for similar events. If these reports are true, he would not be the
first member of the Department of Justice to make questionable use of
taxpayer dollars for travel. Similar questions were raised in 2001
about Attorney General Ashcroft's reliance on chartered planes. In
addition, Hispanic agents have criticized Mr. Hutchinson for allowing
the expiration of a committee that had been formed to brief the
administrator on the concerns of Hispanic agents. I have not had the
opportunity to discuss these accusations with him and his confirmation
hearing for this post was not held before the Judiciary Committee. I
would encourage Mr. Hutchinson to take affirmative steps to run an
inclusive agency.
In his new position, Mr. Hutchinson will be responsible for ensuring
that our borders are safe. I have worked extensively to strengthen our
northern border, particularly since the terrorist attacks of September
11, 2001. I know that the personnel who protect our border are
excellent, and I also know that they need more help. That is why I
included provisions in the USA PATRIOT Act to triple INS and Customs
personnel at the northern border, and to invest in improved technology
and equipment to monitor the border. I look forward to working closely
with Mr. Hutchinson to ensure that these provisions are finally and
fully implemented and our borders are secure.
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