[Congressional Record Volume 155, Number 70 (Thursday, May 7, 2009)]
[Senate]
[Pages S5267-S5270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

   NOMINATION OF R. GIL KERLIKOWSKE TO BE DIRECTOR OF NATIONAL DRUG 
                             CONTROL POLICY

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nomination, 
which the clerk will report.
  The assistant legislative clerk read the nomination of R. Gil 
Kerlikowske of Washington to be Director of National Drug Control 
Policy.
  The PRESIDING OFFICER. The time until 2 p.m. is equally divided.
  The Senator from Washington is recognized.
  Mrs. MURRAY. Mr. President, our Nation's next drug czar is going to 
face a number of key challenges. The Office of Drug Control Policy is 
going to play a leading role in addressing the drug-related violence in 
Mexico and along the southwest border--an area where, if we don't take 
the right steps to tackle problems today, we will most certainly see 
the spread of violence and drugs into towns and residences thousands of 
miles from the Mexican border.
  We also know from history that as the economy falls, crime rises, and 
that crime is growing at the same time law enforcement agencies across 
the country face painful cutbacks and greater strains on their 
personnel and resources. It is, therefore, incumbent upon the next drug 
czar to ensure that law enforcement at all levels is working smarter, 
forging new relationships, and leveraging the resources they have. We 
will also have to address the rise in prescription drug abuse, the 
continued scourge of methamphetamine use, and the violence that affects 
so many of our communities due to drug trafficking.
  Seattle Police Chief Gil Kerlikowske is the right man to address 
these big challenges. Chief Kerlikowske brings a fresh new perspective 
to the job as the Nation's drug czar. He is a cop's cop, and his 
perspective was shaped patrolling the streets in Florida, New York, and 
Washington State. Along the way, he has helped thousands of people 
touched by violence and drugs. He and the law enforcement officials 
that he has led have been on the front lines of our Nation's war 
against illicit narcotics and in keeping our communities safe. And I 
know that he will bring this hands-on perspective to his job as our 
Nation's drug czar.
  Chief Kerlikowske also understands the importance of partnerships 
between ONDCP and our State and local law enforcement communities, 
because he has been on the local level. As the head of the Major Cities 
Chiefs Organization, which represents the 63 largest police departments 
in the United States, he sees the common problems facing cities across 
the country. I have seen this firsthand in his work as Seattle police 
chief.
  This past December, under Chief Kerlikowske's leadership, the Seattle 
Police Department, in cooperation with county, State, and Federal law 
enforcement agencies, he was able to bust a drug ring that stretched 
from Mexico to Idaho to Seattle.
  Chief Kerlikowske worked cooperatively to create a regional response 
to gang violence in Seattle and in King County. He built a coalition 
with the King County Sheriff's Office and other King County police 
chiefs, with the Washington Department of Corrections, the ATF, and 
other community leaders to tackle persistent gang violence in our 
neighborhoods. These multiagency, Federal-local partnerships require 
cooperation and compromise, and they require a leader with Chief 
Kerlikowske's experience to bring them all together. Local police 
chiefs and sheriffs have told me they are sorry to see him go, but the 
Nation is gaining a true innovator in Gil Kerlikowske. I know he is 
going to continue to work on these relationships with State and local 
law enforcement across the country, and this approach will make all of 
our communities safer.
  Chief Kerlikowske also understands that the drug war will not only be 
won on the streets but in our classrooms and in our homes. For the past 
9 years, he has been the national board chairman for the group Fight 
Crime: Invest in Kids. Under the guidance of Chief Kerlikowske, this 
group has focused their efforts on the importance of prevention by 
fighting for early childhood intervention funding, afterschool 
programs, and efforts to prevent child abuse. Chief Kerlikowske knows 
the best way to end the use of drugs and spread of crime is to prevent 
it, and he will bring that commonsense approach to ONDCP.
  Chief Kerlikowske has served the people of our State well, and he 
will serve the people of the Nation well also. I am so proud to support 
his confirmation. In a few short minutes, the Senate will be voting on 
this confirmation, and I am very proud to stand here today to tell my 
colleagues they will be glad they voted with us to confirm this 
nomination.
  Mr. President, I yield the floor.
  Mr. COBURN. Mr. President, I would like to take a minute to briefly 
discuss my opposition to the nomination of Gil Kerlikowske to be 
Director of National Drug Control Policy. Chief Kerlikowske has had a 
long career in law enforcement, and he enjoys the support of many of 
his colleagues. However, the concerns I have about certain aspects of 
his record prevent me from being able to support his nomination to be 
Director of ONDCP.
  The principal purpose of ONDCP is to establish policies, priorities, 
and objectives for the nation's drug control program. The office has 
arguably never been more important, as the United States seeks to deal 
with the violent drug cartels whose influence has begun to cross into 
our borders. Yet Chief

[[Page S5268]]

Kerlikowske has no experience with international drug interdiction, 
which is among my chief concerns with this nomination.
  Although I suppose my concerns about Chief Kerlikowske's lack of 
experience with international drug enforcement could be overcome by a 
strong record of domestic enforcement, I am afraid that Chief 
Kerlikowske lacks such a record. Instead, he has gained a reputation 
for being soft on marijuana enforcement, once stating that pursuing 
possession offenses was ``not a priority.'' Despite local attitudes on 
this issue, as the top law enforcement officer in Seattle, Chief 
Kerlikowske has an obligation to make all crime a priority.
  Chief Kerlikowske's lax record on marijuana enforcement has even led 
many pro-marijuana groups to endorse his nomination. In this country, 
marijuana remains a Schedule I drug and is known as the ``gateway 
drug,'' because it can lead to the abuse of more dangerous substances. 
For this reason, the next ONDCP Director must be a strong opponent of 
marijuana and all illegal drugs, as well as act as an aggressive 
enforcer of the laws regulating these harmful narcotics. I am concerned 
that Mr. Kerlikowske does not have such a record or reputation.
  I have other concerns about Chief Kerlikowske's record that I will 
not detail here. Those concerns include: his decision to withhold 
police from a riot that broke out in 2001, in which a 20-year-old 
college student was murdered; his direction for police not to check 
immigration status or take action on any such violations; and his 
record on gun control. With respect to the Second Amendment, at a time 
when facts about the influence of American guns in Mexican drug cartel 
violence are being distorted--often with the intent to restrict the 
constitutional rights of American citizens--it is crucial that we have 
leaders who are ready to defend those rights. I am concerned that Chief 
Kerlikowske will not be such a defender.
  In short, Chief Kerlikowske's lack of experience with international 
interdiction and his record of lax enforcement of domestic laws 
respecting drugs--particularly marijuana--and other crimes leaves me 
concerned that he is the wrong person to lead ONDCP at this crucial 
time. Therefore, I will oppose his nomination.
  Mr. HATCH. Mr. President, in March, Gil Kerlikowske was tapped by the 
President to be the Director of the Office of National Drug Control 
Policy. Chief Kerlikowske is certainly qualified for this position. He 
is a 36-year veteran of law enforcement. He has been the chief of 
police of four police departments, and most recently chief of the 
Seattle Police Department. If confirmed, Chief Kerlikowske would be 
charged with the mission to develop and implement the Nation's drug 
control strategy. My hope is that he would be confirmed today.
  The formal announcement of Seattle Chief Gil Kerlikowske as the new 
Director of the Office of National Drug Control Policy was heralded by 
none other than Vice President Biden. In 1982, Vice President Biden saw 
the need for a Cabinet-level position to coordinate the efforts of 
various agencies. He is credited with coining the term ``Drug Czar.'' 
Then Senator Biden was always a champion for elevating this position to 
Cabinet-level status. During our time on the Senate Judiciary Committee 
we often collaborated on keeping the Office of National Drug Control 
Policy relevant in the country's efforts to curb illicit drug use and 
increase education. Unfortunately, Chief Kerlikowske will be assuming a 
position that was downgraded by the administration. The Obama 
administration has elected to downgrade the Director of the Office of 
National Drug Control Policy from a Cabinet-level position to a 
presidential appointment in the Executive Office. This is a major 
departure from the precedent which was set in 1993 under President 
Clinton.
  As the Mexican drug cartel violence has been placed front and center 
by the media and this body, Cabinet-level executives deploy their 
personnel and weigh in on the illicit drug trade and violence that has 
consumed the southwest border. Mexico is the leading supplier of 
methamphetamine. Recent analysis suggests that meth manufacturers are 
adding chocolate flavoring so that their product will be more appealing 
to a younger customer base. The Office of National Drug Control Policy 
has an annual operating budget of over $14 billion. Current estimates 
indicate that the cartel's profits exceed what we spend on deterrence 
by more than a 2 to 1 ratio.
  By downgrading this position, President Obama is not sending a 
vociferous message about the future of the national drug control 
strategy. A key element of the Office of National Drug Control Policy 
is its control over the High Intensity Drug Trafficking Area 
designation. Stabilization of the southwest border with Mexico needs 
all the resources of the U.S. Government to include the Federal and 
local task forces operated and funded by the HIDTA initiatives. The 
principal purpose of the Office of National Drug Control Policy, ONDCP, 
is to establish policies, priorities, and objectives for the Nation's 
drug control program. The goals of the program are to reduce illicit 
drug use, manufacturing, trafficking, and drug-related crimes of 
violence. The ONDCP also develops initiatives and campaigns that 
educate youths on the ill effects of drug abuse and drug-related health 
consequences. To achieve these goals, the Drug Czar is charged with 
producing the National Drug Control Strategy. This delegation of 
authority was established through previous Executive orders and 
legislative authority as crafted by Congress.
  In some respects, I believe the President and I are on the same page 
when it comes to addressing our Nation's illicit drug problem. You 
cannot solely arrest your way out of this issue. I have always believed 
that everybody makes mistakes and is entitled to forgiveness. I believe 
in putting some emphasis on rehabilitation in conjunction with 
appropriate punishment. The Director of the National Office of Drug 
Control Policy is supposed to have the ear of the President on how the 
approaches of rehabilitation and the criminal justice system will meet 
to curtail this crime. I commend his choice of Gil Kerlikowske to head 
the ONDCP. However, I question the President's decision to downgrade 
this important position at a time when our Nation needs key leadership 
to form our strategy to combat our Nation's addiction to illicit drugs.
  It is my sincere hope that this ill-advised decision by President 
Obama to downgrade the position of the Director of the National Office 
of Drug Control Policy, which Mr. Kerlikowske will hold, will not come 
back to haunt Americans for years to come with increased illicit drug 
use by our children, increased illicit drug manufacturing, increased 
trafficking, and increased drug-related crimes of violence. That would 
be a truly tragic mistake for all Americans. The ramifications of a 
vibrant illicit drug market in the U.S. will take lives, ruin families, 
destroy potential and leave us a much weaker nation.
  I support Mr. Kerlikowske in his new post and I wish him the best. I 
offer him my support as he undertakes this large assignment. Also, I 
encourage our President to return the Director's office back to a 
Cabinet level position where it belongs.
  Mr. GRASSLEY. Mr. President, the next Director of the Office of 
National Drug Control Policy, ONDCP, has a tough job ahead of him.
  The new drug czar will have to work hard to stem the rise in 
prescription and over-the-counter medicine abuse and the drug cartel 
violence crossing our southern borders, as well as the issues we have 
been combating for many years: traditional drug abuse.
  The U.S. has a major drug problem. While we are leveraging law 
enforcement resources for interdiction and drug crime reduction, we 
also face an active movement to legalize dangerous drugs. I have long 
been an opponent of the legalizing cause, as I hear all the time how 
dangerous drugs are to our youth and families.
  The new ONDCP Director must emphasize and invigorate the law 
enforcement community's efforts to stop illegal drug use. He must be a 
strong leader for all agencies and organizations that are stakeholders 
in the fight against illegal drugs. He must bring a respect to the 
office of ONDCP that has been lacking for some time. It is vital that 
the new Director is able to coordinate domestic and international drug 
strategy, including ensuring that the Merida Initiative is a success. 
The next

[[Page S5269]]

Director must also be able to bring together and work with coalitions 
at the local level to combat meth, coordinate policy on the laws 
directed to eradicate meth and marijuana production, and be engaged in 
efforts to stop opium production in Afghanistan and Colombia. His drug 
strategy must produce results at the national and international level 
to address drug manufacturing, interdiction, prevention, and abuse.
  I have some concerns about Chief Kerlikowske's nomination, given his 
record.
  For instance, in 2003, Seattle voters passed Initiative 75, which 
made marijuana possession the lowest priority for the Seattle Police 
Department. During the debate, Chief Kerlikowske opposed the measure 
only because he disagreed with voters determining what laws a police 
force should enforce. In answers to my written questions, he merely 
noted marijuana was already low on the force's list. Chief 
Kerlikowske's lax record on marijuana enforcement concerns me because 
marijuana is still often the precursor to more dangerous drugs, and it 
only endangers those who use it. The next ONDCP Director must be a 
strong opponent of marijuana and all illegal drugs, as well as act as 
an aggressive enforcer of the laws regulating these harmful narcotics.
  Additionally, Chief Kerlikowske apparently has no experience on 
international supply interdiction. We need someone who understands 
international drug problems and can help formulate a successful long-
term strategy to address them. Chief Kerlikowske's lack of this 
experience, along with his lax record on marijuana crimes, raise 
questions for me on his ability to act as an effective Director of 
ONDCP. However, several organizations, such as the Major Cities Chief 
Association, the National Association of State Alcohol and Drug Abuse 
Directors, and the Community Anti-Drug Coalitions of America, have 
expressed support for this nominee. While I will not hold up his 
nomination, I put Chief Kerlikowske on notice that I expect him to 
provide strong leadership in producing and coordinating drug control 
strategy and to aggressively work to enforce our drug laws.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the time 
during the quorum be charged equally to both sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. MURRAY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, today, at last, the Senate considers 
President Obama's nomination of Chief R. Gil Kerlikowske to be Director 
of National Drug Control Policy. This highly qualified nominee has 
drawn widespread support, and I had hoped the Senate would confirm him 
before our last recess. I look forward to his being confirmed today 
with strong bipartisan support.
  Chief Kerlikowske has almost 40 years of experience in law 
enforcement, including in his current role as chief of police for the 
Seattle Police Department. In his long career in public service, Chief 
Kerlikowske has demonstrated a comprehensive understanding of narcotics 
issues. He currently serves as the elected president of the Major 
Cities Chiefs Association, and he began his career as an Outstanding 
Military Police Officer Honor Graduate in the U.S. Military Police in 
1970. He served as the police commissioner of Buffalo, NY, and as the 
police chief in two Florida cities, Fort Pierce and Port St. Lucie. He 
worked in the Justice Department during the Clinton administration, 
where he served as the Deputy Director of the Office of Community 
Oriented Police Services.
  I thank the Senators from Washington State, Senator Murray and 
Senator Cantwell, for their strong endorsement of this outstanding 
nominee at our April 1 hearing and for their continued efforts in 
support of his confirmation.
  Chief Kerlikowske's nomination has received numerous letters of 
support, including strong endorsements from Republican and Democratic 
public officials, State and local law enforcement officials, the 
National Center for Victims of Crime, the United States Conference of 
Mayors, the Community Anti-Drug Coalition of America, the Washington 
Association of Sheriffs and Police, and the National Council on Crime 
and Delinquency. General Barry R. McCaffrey, who led the Office of 
National Drug Control Policy during the Clinton administration, writes 
that Chief Kerlikowske ``is known and highly respected internationally 
for his knowledge of crime and drugs.''
  Mary Lou Leary, the executive director of the National Center for 
Victims of Crime, describes Chief Kerlikowske as a ``strong manager,'' 
who is ``committed to crime prevention'' and who ``understands the 
connection between illegal drugs and crime.'' Arthur T. Dean, the 
chairman and CEO of the Community Anti-Drug Coalition of America, wrote 
that Chief Kerlikowske understands that drug policy ``must be 
comprehensive and coordinated'' and ``recognizes that the perspectives 
of those closest to the ground--state and local enforcement, 
prevention, treatment, and recovery professionals--play a critical role 
in this strategy.''
  As a former prosecutor, I have always advocated vigorous enforcement 
and punishment of those who commit serious crimes. Along with others 
who serve in law enforcement, I also know that punishment alone will 
not solve the problems of drugs and violence in our rural communities. 
I am pleased that Mr. Kerlikowske supports combating drug use and crime 
with all the tools at our disposal, including enforcement, prevention, 
and treatment.
  I congratulate Chief Kerlikowske and his family on his confirmation 
today, and I look forward to working with him in the years ahead.
  Mr. President, what is the parliamentary situation?
  The PRESIDING OFFICER. The Senate is scheduled to vote at 2 p.m. on 
the nomination of Mr. Kerlikowske.
  Mr. LEAHY. Have the yeas and nays been ordered?
  The PRESIDING OFFICER. They have not.
  Mr. LEAHY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. LEAHY. Mr. President, I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  Without objection, all time is yielded back.
  The question is, Will the Senate advise and consent to the nomination 
of R. Gil Kerlikowske to be Director of National Drug Control Policy? 
The yeas and nay have been ordered.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from South Dakota (Mr. 
Johnson), the Senator from Massachusetts (Mr. Kennedy), the Senator 
from New Jersey (Mr. Lautenberg), the Senator from New Jersey (Mr. 
Menendez), and the Senator from West Virginia (Mr. Rockefeller) are 
necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Bond) and the Senator from Louisiana (Mr. Vitter).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 91, nays 1, as follows:

                      [Rollcall Vote No. 187 Ex.]

                                YEAS--91

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Dodd
     Dorgan
     Durbin
     Ensign
     Enzi

[[Page S5270]]


     Feingold
     Feinstein
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--1

       
     Coburn
       

                             NOT VOTING--7

     Bond
     Johnson
     Kennedy
     Lautenberg
     Menendez
     Rockefeller
     Vitter
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and tabled. The President shall be 
notified of the Senate's action.

                          ____________________