[Congressional Record (Bound Edition), Volume 147 (2001), Part 11]
[Senate]
[Pages 15329-15331]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

  NOMINATION OF ASA HUTCHINSON TO BE ADMINISTRATOR OF DRUG ENFORCEMENT

  The PRESIDING OFFICER. The clerk will report the nomination.
  The assistant legislative clerk read the nomination of Asa 
Hutchinson, of Arkansas, to be Administrator of Drug Enforcement.
  The PRESIDING OFFICER. Who yields time? The Senator from Vermont.
  Mr. LEAHY. Madam President, is there a time agreement entered on this 
nomination?
  The PRESIDING OFFICER. There are three Senators controlling 10 
minutes each.
  Mr. LEAHY. Normally as chairman of the authorizing committee I would 
go first, but I see the distinguished Senator from Arkansas. I yield 
first to him as a matter of courtesy, and then I will speak.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. HUTCHINSON. I will be very brief. I have risen with great pride 
to speak in favor of the nomination of my brother, Asa, to head the 
Drug Enforcement Administration. I thank all of my colleagues.
  I express my appreciation today to all my colleagues who have treated 
Asa with such courtesy, such respect, through the confirmation process. 
I especially express my appreciation to Senator Leahy, the chairman of 
the Judiciary Committee, and to Senator Hatch, for their willingness to 
be prompt in the hearings and, more than that, their kind comments 
about Asa and their support. I also express my appreciation to the 
leaders of the Senate: To Senator Daschle, for his support and for his 
willingness to move the nomination before the August recess, and for 
his cooperation, as well as Senator Lott and his support.
  I know Asa would express great appreciation to the Judiciary 
Committee. They voted 19-0, a unanimous vote. I have great pride in my 
brother and in his accomplishments, the service he has rendered in the 
House of Representatives, his willingness to take on the greatest 
challenge of his life in leading this effort in the war on drugs, and 
leading this very large and very important agency. He has gained great 
respect for this institution, the Senate. He has gained great respect 
for the Members of this institution, and in the cases of so many who 
know him personally, he holds great affection and values those 
friendships.
  I have been asked many times the question, Why? Why does he want this 
job? Why would he leave what is regarded by many as a safe seat in the 
House of Representatives? I don't have all the answers to that, but I 
know he has always wanted to take on a challenge. You could not have a 
greater challenge than this. More than a challenge, I know Asa has a 
very deep conviction on this issue. It goes back to his days as a U.S. 
attorney, and certainly it has been something in which he has been 
deeply involved, the issue in the House of Representatives serving on 
the Speaker's task force on the war on drugs.
  I have great confidence that Asa will bring his abilities to bear 
with tremendous focus on this new challenge and this new job. He is 
going to be able to inspire, he will be able to manage, and he will be 
able to motivate this agency in a new way. I know he will bring greater 
energy to the task and a great vision for a drug-free America.
  I thank my colleagues for their support for my brother and look 
forward to this vote.
  Mr. LEAHY. I thank the Senator from Arkansas for his gracious 
comments. I am pleased to vote in favor of the nomination of Asa 
Hutchinson. As chairman of the Judiciary Committee, I noticed a hearing 
for Representative Hutchinson only a very few days after the Senate was 
reorganized. I then held a hearing the following Tuesday, and scheduled 
a committee vote for the first Thursday that it was possible to do so. 
We were able to move so quickly because Representative Hutchinson has 
substantial bipartisan support, and because those of us on both sides 
of the aisle view our efforts to reduce drug abuse as a matter of great 
importance.
  Mr. Hutchinson was not only recommended by the Bush Administration, 
and, of course, by his Republican colleagues in the House, but also by 
14 of the Democrats whom he serves with on the House Judiciary 
Committee, who wrote to me in his favor. The ranking member, a 
Democrat, Representative Conyers from the home State of the Presiding 
Officer, came and testified in favor of him.
  Mr. Hutchinson's background is well-suited to his new position as DEA 
Administrator. He has been deeply involved in drug issues as both a 
United States Attorney in Arkansas in the 1980s and as a House member. 
In addition to serving on the House Judiciary Committee, he is a member 
of the Committee on Government Reform's Subcommittee for Criminal 
Justice, Drug Policy, and Human Resources, has served on the Speaker's 
Task Force for a Drug Free America, and has reviewed Plan Colombia as a 
member of the Permanent Select Committee on Intelligence.
  The Senator from Arkansas mentioned that his brother learned a great 
deal about the Senate during the number of days he spent on the Senate 
floor on another matter, the impeachment trial of President Clinton. He 
and I were on opposite sides on that issue, but we spent a lot of time 
together during that process, including during the deposition phase of 
the trial.
  I heard a number of people say the Democratic Senators on the 
Judiciary Committee and this chairman would not approve a House manager 
from that impeachment trial, or that we might delay him for months and 
months and months, as was done over the last administration. Nothing 
could be further from the truth. I had a great deal of respect for him 
every time I dealt with him. He was absolutely truthful with me. He 
never broke his word to me, never broke a commitment to me, or vice 
versa, I might say. It was the way Congress used to be and always 
should be. Members always kept their word and a commitment with each 
other and were honest with each other. He was that way with me.
  I was grateful for Representative Hutchinson's words at the hearing:

       Chairman Leahy, if I might, it would have been easy for you 
     to yield to some of those who expected a critical view of my 
     nomination because of previous controversies, which found us 
     on different sides. But I want to thank you personally for 
     taking a different approach and for seeing my nomination as 
     an opportunity to demonstrate to the American people that, 
     despite any differences that might exist, we can be in 
     harmony on one of the most critical problems that faces our 
     nation.


[[Page 15330]]


  Representative Hutchinson and I have similar views about some of the 
drug issues facing the United States, and I am sure we will 
occasionally have differing views about others. But I appreciated the 
candor with which he answered the questions of committee members at 
both his hearing and in subsequent written questions. I know that he 
will take to heart the matters that committee members raised, 
especially the need to revisit our current use of mandatory minimum 
sentences for criminal drug offenses. A 1997 study by the RAND 
Corporation of mandatory minimum drug sentences found that ``mandatory 
minimums are not justifiable on the basis of cost-effectiveness at 
reducing cocaine consumption, cocaine expenditures, or drug-related 
crime.'' Despite this study and the mounting evidence of prison 
overcrowding we have seen in the ensuing years, legislators continue to 
propose additional mandatory minimums. I know that Representative 
Hutchinson has expressed some hesitancy about expanding mandatory 
minimums, and I hope we can work together on this issue.
  I was happy to hear the nominee offer his support in his oral and 
written testimony for drug treatment and prevention efforts. He and I 
agree that although law enforcement plays a vital role in stopping drug 
abuse, law enforcement alone cannot do the job. Both the Congress and 
the Administration need to do more to reduce demand, and I hope that 
Mr. Hutchinson will be a partner in that effort.
  The nominee has also expressed concerns about the sentencing 
disparity between those convicted of offenses involving crack and 
powder cocaine. Current Federal sentencing guidelines treat one gram of 
crack cocaine and 100 grams of powder cocaine equally for purposes of 
determining sentences. The U.S. Sentencing Commission has previously 
recommended equalizing these penalties by reducing the mandatory 
minimum penalties that currently apply to crack offenses. 
Unfortunately, Congress has not followed that recommendation. Finding a 
fair solution to this problem has been stalled by concerns that 
addressing this issue is too politically perilous--this Congress should 
overcome those fears and solve this discrepancy.
  In conclusion, Asa Hutchinson is an excellent nominee. I am glad that 
the Judiciary Committee was able to work with him and with the 
Administration to expedite his nomination, and I look forward to 
working with him over the coming years.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. I am pleased to support Asa Hutchinson to this position. 
It is one of the most important positions in our country. I believe he 
is the right man for the right job and he will do a job that I think 
will make everyone proud.
  Asa Hutchinson is a giant in the House of Representatives. I agree 
with his brother, I don't know why he is leaving the House of 
Representatives, but this is a very challenging, important job and he 
is up to that job. I have every confidence he will do a terrific job 
and have the support of Congress in doing so.
  I was so impressed with Asa Hutchinson during the impeachment matter. 
He always acted fairly, he acted in a measured, considered way, he was 
decent throughout, and of course he was extremely talented as a lawyer, 
somebody for whom I have the utmost respect, and I am very pleased to 
support him today.
  I commend the Senate Democratic leadership for calling up the 
nomination of Congressman Asa Hutchinson, who will be the next 
Administrator of the Drug Enforcement Administration. DEA needs a 
dynamic, innovative, and experienced leader, and I am confident that 
Congressman Hutchinson's past experiences prosecuting drug crimes as a 
United States Attorney and formulated drug policy as a Congressman have 
prepared him well to take the helm of the DEA. I applaud President Bush 
for focusing intently on this crucial issue and for his excellent 
choice of nominees to head America's two most important anti-drug 
offices, the DEA and the White House Office of National Drug Control 
Policy (ONDCP).
  The epidemic of illegal drug use in this country remains one of our 
most urgent priorities. There is a growing consensus that we need a 
comprehensive strategy embracing both demand and supply reduction in 
our struggle against drug abuse. I have said repeatedly that the time 
has come to increase the resources we devote to preventing people from 
using drugs in the first place and to breaking the cycle of addiction 
for those whose lives are devastated by these substances. This is a 
bipartisan view, which I am pleased to say is shared by our President, 
Congressman Hutchinson, and by many of my Senate colleagues.
  While we need to shore up the resources dedicated to prevention and 
treatment, we must remain committed to the necessary and integral role 
law enforcement plays in combating drug use. The DEA has a long, 
distinguished history of protecting America's citizens from the 
destructive drugs sold by traffickers and the attendant violence. 
Particularly in today's world, where drug trafficking is an 
international, multibillion dollar business, DEA's cooperative working 
agreements with foreign source and transit countries are essential in 
preventing illegal drugs from being smuggled into the United States.
  While I commend the Senate Democratic leadership for scheduling the 
vote on Congressman Hutchinson, I also urge them to schedule promptly a 
hearing and confirm John Walters, whose nomination to be Director of 
ONDCP is being stalled. Almost three months have passed since the 
President announced his intent to nominate Mr. Walters to be the 
country's next drug czar, and yet he remains the only cabinet level 
nominee who has not been confirmed, much less granted a hearing.
  There are many good reasons why we need a drug czar, but the most 
important one is that we owe it to our youth. Tragically, drug use by 
teens is again rising, particularly use of so-called ``club drugs'' 
such as Ecstasy and GHB. Over the past two years, use of ecstasy among 
12th graders increased dramatically by 140 percent. Predictably, during 
this same period the number of emergency room visits associated with 
the use of ecstasy also increased a shocking 295 percent. By the time 
they graduate from high school, over 50 percent of our youth have used 
an illicit drug.
  We cannot play politics with the drug czar position. We need to act 
immediately to reverse these soaring numbers and to prevent our youth 
from endangering their lives. Mr. Walters is well-qualified to lead 
this effort, and he has the support of law enforcement, prevention 
groups, and public policy organizations. I urge the Chairman of the 
Judiciary Committee, my good friend Senator Leahy, to schedule a 
hearing soon for Mr. Walters. Once the top positions at both the DEA 
and ONDCP have been filled, we can all begin to work together to effect 
real change that will benefit all Americans.
  Mr. SESSIONS. Madam President, I rise to make some remarks about Asa 
Hutchinson. I had the pleasure of serving with him as U.S. attorney. We 
met at a conference. I remember having breakfast with him. We had never 
met before. I learned something about him, his character and his 
commitment to public service.
  He is going to be one of the finest DEA leaders we have ever had. He 
served on the House Judiciary Committee. I worked with him on that 
committee, since I have been on the Senate Judiciary Committee. During 
that time, I came to respect him terrifically.
  During the impeachment hearings, he had the burden of stating the 
case, basically the factual allegations involved, as one of the House 
managers. In my view, as a prosecutor of over 16 years, his was the 
most comprehensive, most intelligent, most valuable statement that 
occurred during that entire hearing. If anybody would like to know what 
the facts were and what the allegations were in that impeachment 
hearing, they should read his summary of the facts. It did exactly what 
he was required to do: faithfully and fairly and

[[Page 15331]]

honestly state the allegations that were there and the facts that 
backed them up. It was comprehensive, honest, and complete. I respected 
him for it.
  His brother Tim, of course, serves in this body. I serve with him on 
two committees. I respect Tim terrifically. They are both men of 
integrity, deep personal faith, and a commitment to public service that 
is remarkable.
  Asa Hutchinson will reflect well on President Bush as his nominee. I 
think he will do an outstanding job. I look forward to working with 
him, and I know he will effectively turn the tide against increasing 
drug use in America.
  Finally, let me say, with regard to the FBI and the DEA, now we have 
seen two of the finest nominees you can expect to have in Bob Mueller, 
a professional's professional, a man who has received prominence in 
both Democrat and Republican administrations, as the head of the FBI, 
and Asa Hutchinson at DEA, a man of commitment and integrity and 
ability to head that important organization.
  I am excited for both of them. I believe the President has done a 
good job. I think America will be served well by their efforts.
  Mr. LEAHY. I yield back the remainder of my time.
  Mr. HATCH. I yield back the remainder of my time.
  Mr. LEAHY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Arizona (Mr. McCain) is 
necessarily absent.
  The PRESIDING OFFICER (Mrs. Carnahan). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 98, nays 1, as follows:

                      [Rollcall Vote No. 264 Ex.]

                                YEAS--98

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                                NAYS--1

       
     Dayton
       

                             NOT VOTING--1

       
     McCain
       
  The nomination was confirmed.
  Mr. LEAHY. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                            VOTE EXPLANATION

  Mr. McCAIN. Madam President, I ask unanimous consent that on the vote 
regarding the nomination of Asa Hutchinson to be the Administrator of 
the Drug Enforcement Agency, that if I were present, I be recorded as 
having voted ``yea.''
  The PRESIDING OFFICER. Without objection it is so ordered.

                          ____________________