[Congressional Record Volume 161, Number 172 (Monday, November 30, 2015)]
[Senate]
[Pages S8187-S8188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   HOLDS ON AMBASSADORIAL NOMINATIONS

  Mr. COTTON. Madam President, in September, we learned shocking news 
that the U.S. Secret Service--armed agents of the Executive--violated 
the law to intimidate a congressman from doing his constitutional duty. 
Forty-five Secret Service employees accessed the personal records of 
Congressman Jason Chaffetz in violation of the Privacy Act. They shared 
with hundreds of personnel the fact that Congressman Chaffetz had 
unsuccessfully applied to join the Service, leading to a leak of the 
information to the news media.
  This activity was not limited to low-level employees. The Service's 
Assistant Director and head of training, Ed Lowery, encouraged the 
sharing of information, writing in an email:

       Some information that he might find embarrassing needs to 
     get out. Just to be fair.

  The Director of the Service, Joe Clancy, failed to act to rein in the 
behavior when the information was raised to him. He had no reaction 
when he heard what he deemed to be a speculative rumor about the 
information. He apparently forgot that he had been informed of 
Congressman Chaffetz's personal records, incorrectly telling the 
Homeland Security Department's inspector general that he didn't learn 
of the matter until it was about to be published in the Washington 
Post.
  The White House's reaction to this criminal violation was equally 
muted. The White House implied that an apology to Congressman Chaffetz 
would suffice in the absence of formal discipline and a criminal 
investigation. This was unacceptable. To ensure that proper remedial 
action took place, I placed a hold on three ambassadorial nominees to 
send a clear message to the White House.
  I intended to lift these holds once two actions took place: First, I 
asked that the Department of Homeland Security take appropriate 
disciplinary action against all Secret Service personnel involved, 
including Secret Service leadership; second, I requested that a 
criminal investigation be initiated by the Department of Justice into 
violations of the Privacy Act.
  Since I placed the holds, the White House reached out to my office 
and made clear that the President understood the gravity of the 
violations that occurred. In the past month, the Obama administration 
has finally begun to take action. The Department of Homeland Security 
issued disciplinary proposals for the suspension of 42 lower level 
personnel involved in the misconduct. For senior-level personnel--
including Assistant Director Lowery--discipline proposals are being 
prepared, with the maximum penalty ranging up to the removal from their 
positions.
  This discipline may or may not be proper in each case, but my intent 
isn't to be an HR officer for the Department of Homeland Security. 
Instead, when I instituted the holds on the three ambassadorial 
nominees, I made it clear my aim was not to keep these nominees in 
limbo indefinitely. My sole aim was to force action from the Obama 
administration, which too often ignores this separation of powers and 
proper enforcement of our laws.
  Because the Obama administration has taken partial steps to hold 
those who violated the law to account, I will in turn honor my word and 
lift two of

[[Page S8188]]

the three holds I have on ambassadorial nominations: Mr. Samuel Heins, 
who is nominated to be the U.S. Ambassador to Norway, and Ms. Azita 
Raji, who is nominated to be the U.S. Ambassador to Sweden. I believe 
both are qualified to represent our Nation abroad, and we have 
significant interests in Scandinavia. My hope is that both nominees 
receive a vote and are confirmed in the Senate sooner rather than 
later.
  I will retain, however, the hold on President Obama's Ambassador to 
the Bahamas. This is because the Department of Justice has yet to 
initiate an investigation into the unauthorized access and 
dissemination of Congressman Chaffetz's personal records.
  The DHS inspector general has testified to Congress that he believes 
criminal violations of the Privacy Act occurred. Secret Service 
Director Clancy, in his own testimony to Congress, agreed with the 
inspector general, acknowledging that the violations constituted, in 
his words, ``a criminal offense.'' With such agreement between the 
Department of Homeland Security IG and the Secret Service Director, I 
retain the hope and fully expect that a criminal investigation of these 
offenses by the Department of Justice will be forthcoming.
  That investigation and the discipline currently being meted out by 
the Department of Homeland Security are important to send the message 
that politically motivated crimes will not be tolerated. Consequences 
are needed to make clear that the separation of powers will be 
respected and that Members of Congress acting on behalf of the people 
will not be intimidated.
  I also reserve the right to place new holds on future administration 
nominees. What we cannot have is impunity for criminal offenses. If the 
discipline for the Secret Service leadership is too weak or if a 
criminal investigation is not initiated, I may place additional holds 
in order to again remind the White House of the seriousness of this 
matter, but in the meantime I look forward to continuing to work with 
the administration to ensure that discipline is appropriate and a 
criminal investigation on this matter is initiated.
  Madam President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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