[Congressional Record Volume 163, Number 11 (Friday, January 20, 2017)]
[Senate]
[Pages S353-S354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                       Nomination of Mike Pompeo

  Mr. LEAHY. Mr. President, I want to associate myself with what the 
distinguished Senator from Oregon has said. My concerns--and they will 
be in my full statement about Mr. Pompeo--are his suggestions in the 
past of sweeping authority for the government to collect bulk 
information on all Americans; that is, every American in this room, 
every American in this city, and every American in this country. We 
have strong bipartisan legislation that we have worked for years on, 
trying to

[[Page S354]]

get Republicans and Democrats across the political spectrum to set into 
law what the rules should be. His statements show that he wants to 
throw it all overboard. So I have concerns.
  Mr. President, our intelligence agencies have an enormous task ahead. 
The challenges they face range from state-sponsored information warfare 
to countering violent extremists around the world. Among those who will 
lead these efforts will be the next Director of the Central 
Intelligence Agency. The importance of the CIA cannot be overstated, 
and now, perhaps more than ever, we need a Director who will manage the 
agency with the full confidence of the American people. This confidence 
is based not only on a future Director's ability to comprehend security 
challenges, but on his or her ability to safeguard the privacy and 
civil liberties of all Americans and to uphold and advance United 
States leadership in protecting human rights.
  I have serious concerns with President Trump's nominee to lead the 
CIA. Congressman Pompeo has called for the reestablishment of the bulk 
collection of Americans' phone records, and has even argued that the 
intelligence community should combine that metadata ``with publicly 
available financial and lifestyle information into a comprehensive, 
searchable database.'' He went on to say that ``[l]egal and 
bureaucratic impediments to surveillance should be removed.'' But 
Congress outright rejected the bulk collection of Americans' records 
when it passed the USA FREEDOM Act of 2015 on an overwhelming 
bipartisan basis--the very program that Congressman Pompeo said that he 
wants to bring back.
  During his testimony last week, Congressman Pompeo attempted to 
diffuse this and other questions about his more alarming positions by 
affirming his appreciation of the supremacy of law. It sounded to me 
like the tried and true confirmation conversion. I appreciate that he 
testified that he understands the responsibility of a Director to 
uphold the Constitution and the laws passed by Congress. But I remain 
deeply concerned that he advocated for such dangerous measures in the 
first place. And I am concerned that he will push to remove ``legal and 
bureaucratic impediments to surveillance''--just as he said last year.
  We face grave threats from around the world, whether from Russia, 
from ISIS, or other adversaries. The director of the CIA must be 
trusted by all Americans to protect us from these threats, but also to 
protect our Nation's core values. I don't question Congressman Pompeo's 
loyalty to our Nation. I do question his stated beliefs that immediate 
security concerns can be used as a justification for eroding the 
fundamental rights of Americans. For these reasons, I cannot support 
Congressman Pompeo's nomination.
  The ACTING PRESIDENT pro tempore. The Senator from North Carolina.
  Mr. BURR. Mr. President, I ask unanimous consent for 2 additional 
minutes on each side.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.
  Mr. BURR. Mr. President, I would like to respond to the statement of 
the Senator from Oregon. As chairman of the Intelligence Committee, let 
me just tell Members that Congressman Pompeo has made himself available 
to every Member on the Committee for private meetings in their office. 
For everyone who would take a meeting, he met with them.
  He came before the committee in open session and in closed session. 
In open session, he stayed for as long as Members had questions, and 
all questions were answered. Congressman Pompeo received from the 
committee over 150--may have been over 200--questions for the record. 
Today all questions are answered.
  I can't address whether there was ever a CIA Director who was 
confirmed on inauguration day, but I can't think of a time where the 
country has been more challenged with threats around the world and at 
home than we are right now. We carried out military acts last night and 
the night before. We have just gotten through with one of the highest 
security events in the history of this country in Washington, DC.
  Why aren't we taking up Representative Pompeo today? It is not 
because there is disagreement, it is not because we haven't had an 
opportunity to ask enough questions or talk to him face-to-face and get 
answers. It is because some people don't want to vote on it today. They 
want to wait until Monday.
  I am willing to debate this as long as it needs to be debated. I 
don't want to cut off anybody's debate, but I think we owe it to the 
country to have a vote today. That can be in an hour, it can be in 5 
hours, but I think we ought to provide this President with a CIA 
Director who is in charge.
  Mr. DURBIN. Will the Senator yield for a question?
  Mr. BURR. I will be happy to yield.
  Mr. McCAIN. I object. It is time for the vote.
  Mr. DURBIN. Mr. President, there were 2 minutes extended to each 
side, if I am not mistaken.
  The ACTING PRESIDENT pro tempore. The Senator cannot object. There is 
2 minutes on both sides.
  Mr. BURR. Mr. President, let me conclude and then the Senator can 
claim his own time.
  We ought to do this. We ought to do it for the country, not for 
ourselves. It is not about us. This is about doing something for the 
country. An Acting Director of the CIA is just not sufficient, whether 
it is for a day or whether it is for a week. Right now they need 
leadership that is permanent. They need to know tomorrow who is heading 
that Agency. I would urge my colleagues, let's confirm him today. We 
have had enough time to ask every question possible, and now is the 
time to vote on confirmation.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Illinois.
  Mr. DURBIN. Mr. President, I only want to ask my friend from North 
Carolina, the chairman of the committee, two questions.
  Is it traditional for the Senate Intelligence Committee that you 
chair to report out a nominee like Congressman Pompeo, and have you 
reported him out of your committee to the floor?
  Mr. BURR. The Senator's question is a very good one.
  It is normal for us to report out. We thought we had a deal with the 
Democratic leader. That is why we didn't discharge him. That is why we 
didn't have a business meeting this week. I regret that I didn't 
schedule that, but it certainly could have been, and I will not make 
that mistake again.
  The ACTING PRESIDENT pro tempore. All time for the majority has 
expired.
  Who yields time?
  The Senator from Michigan.
  Mr. DURBIN. The Democratic side yields back all time.
  The ACTING PRESIDENT pro tempore. All time has expired.