[Congressional Record (Bound Edition), Volume 149 (2003), Part 15]
[Senate]
[Pages 20786-20788]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

             EXECUTIVE CALENDAR AND NOMINATIONS DISCHARGED

  Mr. SUNUNU. Mr. President, I ask unanimous consent that the Senate 
immediately proceed to executive session to consider en bloc the 
following nominations on today's Executive Calendar: Calendar Nos. 17, 
18, 175, 242, 250, 297, 311, 317, 318, 319, 320, 322 through 340, 341, 
and 342, and all nominations on the Secretary's desk.
  Further, I ask unanimous consent that the Foreign Relations Committee 
be discharged from further consideration of the following nominations: 
PN 789, Donald Steinberg; PN 805, Constance Morella; and PN 820, George 
Walker.
  I further ask unanimous consent that the nominations be confirmed, 
the motions to reconsider be laid upon the table, that the President be 
immediately notified of the Senate's action, and the Senate return to 
legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations were considered and confirmed as follows:


            FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

       Stanley C. Suboleski, of Virginia, to be a Member of the 
     Federal Mine Safety and Health Review Commission for a term 
     of six years expiring August 30, 2006.


            OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

       W. Scott Railton, of Virginia, to be a Member of the 
     Occupational Safety and Health Review Commission for a term 
     expiring April 27, 2007.


            FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

       Mary Lucille Jordan, of Maryland, to be a Member of the 
     Federal Mine Safety and Health Review Commission for a term 
     of six years expiring August 30, 2008. (Reappointment)


                      DEPARTMENT OF TRANSPORTATION

       Annette Sandberg, of Washington, to be Administrator of the 
     Federal Motor Carrier Safety Administration, resigned.


                         DEPARTMENT OF JUSTICE

       Diane M. Stuart, of Utah, to be Director of the Violence 
     Against Women Office, Department of Justice. (New Position)
       Karen P. Tandy, of Virginia, to be Administrator of Drug 
     Enforcement.


                equal employment opportunity commission

       Eric S. Dreiband, of Virginia, to be General Counsel of the 
     Equal Employment Opportunity Commission for a term of four 
     years.


            federal mine safety and health review commission

       Michael Young, of Pennsylvania, to be a Member of the 
     Federal Mine Safety and Health Review Commission for a term 
     of six years expiring August 30, 2008.


            occupational safety and health review commission

       Thomasina V. Rogers, of Maryland, to be a Member of the 
     Occupational Safety and Health Review Commission for a term 
     expiring April 27, 2009. (Reappointment)


                         department of defense

       Lawrence Mohr, Jr., of South Carolina, to be a Member of 
     the Board of Regents of the Uniformed Services University of 
     the Health Sciences for a term expiring June 20, 2009.


                               air force

       The following named officers for appointment in the United 
     States Air Force to the grade indicated under title 10, 
     U.S.C., section 624:

                          To be major general

     Brigadier General Kenneth M. DeCuir
     Brigadier General Bob D. Dulaney
     Brigadier General Robert J. Elder, Jr.
     Brigadier General Paul J. Fletcher
     Brigadier General Douglas M. Fraser
     Brigadier General William M. Fraser, III
     Brigadier General Stanley Gorenc
     Brigadier General Elizabeth A. Harrell
     Brigadier General William F. Hodgkins
     Brigadier General Raymond E. Johns, Jr.
     Brigadier General Timothy C. Jones
     Brigadier General Frank G. Klotz
     Brigadier General Robert H. Latiff
     Brigadier General Richard B.H. Lewis
     Brigadier General Henry A. Obering, III
     Brigadier General Michael W. Peterson
     Brigadier General Teresa M. Peterson
     Brigadier General Gregory H. Power
     Brigadier General Robert L. Smolen
     Brigadier General Mark A. Volcheff
       The following named officer for appointment as the Vice 
     Chief of Staff, United States Air Force, and appointment to 
     the grade indicated while assigned to a position of 
     importance and responsibility under title 10, U.S.C. sections 
     8034 and 601:

                             To be general

     Lt. Gen. Teed M. Moseley
       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                             To be general

     Gen. Gregory S. Martin
       The following named United States Air Force officer for 
     reappointment as the Chairman of the Joint Chiefs of Staff 
     and appointment to the grade indicated while assigned to a 
     position of importance and responsibility under title 10 
     U.S.C., sections 601 and 152:

                             To be general

     Gen. Richard B. Myers
       The following named officer for appointment in the United 
     States Air Force 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

     Maj. Gen. Roger A. Brady
       The following named officer for appointment in the United 
     States Air Force 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. Richard E. Brown, III
       The following named officer for appointment in the United 
     States Air Force 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. Steven R. Polk


                                  army

       The following named officer for appointment as the Chief of 
     Staff, United States Army, and appointment to the grade 
     indicated while assigned to a position of importance and 
     responsibility under title 10, U.S.C., sections 688, 601 and 
     3033:

                             To be general

     Gen. Peter J. Schoomaker (Retired)

       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 general

     Lt. Gen. Bryan D. Brown

       The following Army National Guard of the United States 
     officer for appointment in the Reserve of the Army to the 
     grade indicated under title 10, U.S.C., section 12203:

                        To be brigadier general

     Col. Charles S. Rodeheaver

       The following named officer for appointment in the Reserve 
     of the Army to the grade indicated under title 10, U.S.C., 
     section 12203:

                          To be major general

     Brig. Gen. David T. Zabecki


                              marine corps

       The following named Marine Corps officer for reappointment 
     as the Vice Chairman of the Joint Chiefs of Staff and 
     appointment to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601 and 154:

                             To be general

     Gen. Peter Pace

       The following named officer for appointment in the United 
     States Marine Corps 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

     Maj. Gen. Robert M. Shea


                                  navy

       The following named officers for appointment in the United 
     States Naval Reserve to the grade indicated under title 10, 
     U.S.C., section 12203:

                           To be rear admiral

     Rear Adm. (lh) Robert T. Nolan
     Read Adm. (lh) Robert O. Passmore

       The following named officer for appointment in the United 
     States Navy to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                           To be vice admiral

     Rear Adm. Kirland H. Donald

       The following named officer for appointment as Chief of 
     Chaplains, United States Navy, and appointment to the grade 
     indicated under title 10, U.S.C., section 5142:

                           To be rear admiral

     Rear Adm. (lh) Louis V. Iasiello

       The following named officer for appointment in the United 
     States Navy to the grade

[[Page 20787]]

     indicated while assigned to a position of importance and 
     responsibility under title 10, U.S.C., section 601:

                           To be vice admiral

     Rear Adm. (Select) Eric T. Olson

       The following named officer for appointment in the United 
     States Navy to grade indicated while assigned to a position 
     of importance and responsibility under title 10, U.S.C., 
     section 601:

                           To be vice admiral

     Rear Adm. Gary Roughead

       The following named officer for appointment in the United 
     States Navy to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                           To be vice admiral

     Vice Adm. James C. Dawson, Jr.

       The following named officer for appointment in the United 
     States Navy to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                           To be vice admiral

     Rear Adm. Rodney P. Rempt


                   executive office of the president

       Joel David Kaplan, of Massachusetts, to be Deputy Director 
     of the Office of Management and Budget, vice Nancy Dorn.


                    department of homeland security

       Joe D. Whitley, of Georgia, to be General Counsel, 
     Department of Homeland Security. (New Position)

               Nominations Placed on the Secretary's Desk


                               air force

       PN803 Air Force nomination of Patrice L. Pye, which was 
     received by the Senate and appeared in the Congressional 
     Record of July 8, 2003
       PN804 Air Force nomination of * Rebekah F. Friday, which 
     was received by the Senate and appeared in the Congressional 
     Record of July 8, 2003
       PN829 Air Force nomination of Dennis Hutson, which was 
     received by the Senate and appeared in the Congressional 
     Record of July 22, 2003


                                  army

       PN761 Army nominations (2) beginning WILLIAM R. GLADBACH, 
     and ending MALCOLM K. WALLACE, JR., which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of June 19, 2003
       PN783 Army nomination of Regina M. Curtis, which was 
     received by the Senate and appeared in the Congressional 
     Record of June 26, 2003
       PN784 nomination of Nancy M. Prickett, which was received 
     by the Senate and appeared in the Congressional Record of 
     June 26, 2003
       PN785 Army nominations (2) beginning STEPHEN J. DEMSKI, and 
     ending JOSEPH F. MARANTO, which nominations were received by 
     the Senate and appeared in the Congressional Record of June 
     26, 2003
       PN786 Army nominations (2) beginning ANDREW S. KANTNER, and 
     ending DANIEL A. TANABE, which nominations were received by 
     the Senate and appeared in the Congressional Record of June 
     26, 2003
       PN794 Army nominations (7) beginning DAVID A. ARCHER, and 
     ending DEBRA A. SPEAR, which nominations were received by the 
     Senate and appeared in the Congressional Record of July 7, 
     2003
       PN795 Army nominations (32) beginning NATHAN E. BAKER, and 
     ending FREDERICK V. WRIGHT, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     July 7, 2003
       PN796 Army nominations (22) beginning LISA M. * ANDERSON, 
     and ending JAMES W. * TURONIS, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of July 7, 2003
       PN797 Army nominations (135) beginning BRETT T. ACKERMAN, 
     and ending MICHAEL J. * ZAPOR, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of July 7, 2003
       PN798 Army nominations (283) beginning ADIO ABDU, and 
     ending RICARDO M. YOUNG, which nominations were received by 
     the Senate and appeared in the Congressional Record of July 
     7, 2003
       PN799 Army nominations (39) beginning DAVID A. BARR, and 
     ending SAMUEL R. YOUNG, which nominations were received by 
     the Senate and appeared in the Congressional Record of July 
     7, 2003
       PN830 Army nominations (3) beginning WILFREDO A. 
     COLONMARTINES, and ending JEFFERY L. LEWIS, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of July 22, 2003
       PN831 Army nominations (2) beginning THOMAS B. HOWE, and 
     ending MICHAEL J. VEASEY, which nominations were received by 
     the Senate and appeared in the Congressional Record of July 
     22, 2003.
       PN832 Army nominations (4) beginning JAMES G. LYNCH, and 
     ending RAFAEL A. ROLDAN, which nominations were received by 
     the Senate and appeared in the Congressional Record of July 
     22, 2003
       PN833 Army nomination of Evan L. Williams II, which was 
     received by the Senate and appeared in the Congressional 
     Record of July 22, 2003


                              marine corps

       PN834 Marine Corps nomination of Thomas D. Gore, which was 
     received by the Senate and appeared in the Congressional 
     Record of July 22, 2003
       PN835 Marine Corps nomination of Adam L. Musoff, which was 
     received by the Senate and appeared in the Congressional 
     Record of July 22, 2003
       PN836 Marine Corps nomination of Jason K. Fettig, which was 
     received by the Senate and appeared in the Congressional 
     Record of July 22, 2003
       PN768 Navy nominations (18) beginning CHAD F ACEY, and 
     ending FRANK A SHAUL, which nominations were received by the 
     Senate and appeared in the Congressional Record of June 25, 
     2003
       PN769 Navy nominations (48) beginning CONRADO K ALEJO, and 
     ending CARL B. WEICKSEL, which nominations were received by 
     the Senate and appeared in the Congressional Record of June 
     25, 2003
       PN770 Navy nominations (19) beginning BARBARA M. BURGETT, 
     and ending ROBERT C WEITZMAN, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     June 25, 2003
       PN771 Navy nominations (23) beginning ROBERT J ALLEN, and 
     ending HAROLD E. WILLIAMS, which nominations were received by 
     the Senate and appeared in the Congressional Record of June 
     25, 2003
       PN772 Navy nominations (15) beginning ERIC J BUCH, and 
     ending ROBIN D TYNER, which nominations were received by the 
     Senate and appeared in the Congressional Record of June 25, 
     2003
       PN773 Navy nominations (21) beginning LEE K ALLRED, and 
     ending DONALD L ZWICK, which nominations were received by the 
     Senate and appeared in the Congressional Record of June 25, 
     2003
       PN774 Navy nominations (41) beginning ALLAN D ANDREW, and 
     ending JOHNNY R WOLFE, JR, which nominations were received by 
     the Senate and appeared in the Congressional Record of June 
     25, 2003
       PN775 Navy nominations (17) beginning ANGELA D ALBERGOTTIE, 
     and ending JOSEPH B SPEGELE, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     June 25, 2003
       PN776 Navy nominations (13) beginning CHARLES J CHAN, and 
     ending MATTHEW A WEBBER, which nominations were received by 
     the Senate and appeared in the Congressional Record of June 
     25, 2003
       PN777 Navy nominations (492) beginning CHRISTOPHER A ADAMS, 
     and ending RICHARD J ZINS, which nominations were received by 
     the Senate and appeared in the Congressional Record of June 
     25, 2003
       PN837 Navy nominations (2) beginning STEVEN S. HARTZELL, 
     and ending STANLEY D. RHOADES, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of June 25, 2003
       PN838 Navy nomination of James P. Driscoll, which were 
     received by the Senate and appeared in the Congressional 
     Record of June 25, 2003


                          department of state

       Constance Albanese Morella, of Maryland, to be 
     Representative of the United States of America to the 
     Organization for Economic Cooperation and Development, with 
     rank of Ambassador.
       Donald K. Steinberg, of California, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be 
     Ambassador to the Federal Republic of Nigeria.
       George H. Walker, of Missouri, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Republic of Hungary.


                       Nomination of Karen Tandy

  Mr. DURBIN. Mr. President, I rise in opposition to the nomination of 
Karen Tandy to be Administrator of the Drug Enforcement Administration.
  According to the DEA website, the top two DEA responsibilities are 
the following:

       Investigation and preparation for the prosecution of major 
     violators of controlled substance laws operating at 
     interstate and international levels; and investigation and 
     preparation for prosecution of criminals and drug gangs who 
     perpetrate violence in our communities and terrorize citizens 
     through fear and intimidation.

  Why, then, does the DEA continue to focus its limited resources on 
the question of medical marijuana?
  Over the past seven years, ten States have passed referendums or 
enacted laws authorizing medical marijuana in those States. The ten 
States are Alaska, Arizona, California, Colorado, Hawaii, Maine, 
Maryland, Nevada, Oregon, and Washington.
  The first of these states was California. In 1996, voters in 
California passed the California Compassionate Use Act, also known as 
Proposition 215, to allow seriously ill people who have a doctor's 
recommendation to cultivate and use marijuana as a form of treatment.

[[Page 20788]]

  However, in 2001, the Drug Enforcement Administration began 
aggressively targeting medical marijuana providers in California--
regardless of the fact that these individuals were complying with state 
law.
  I understand that the Supreme Court has ruled that federal law does 
not provide for a ``medical necessity'' exception to the prohibition on 
the distribution of marijuana, and that the DEA therefore has the right 
to enforce federal laws regarding marijuana.
  However, especially given the DEA's own stated priorities and limited 
resources, is it appropriate for the DEA to focus on medical marijuana?
  This is the question I asked Ms. Tandy, and she did not back off an 
inch. She simply did not give us any room to work in terms of this 
issue.
  For example, I asked if she would be willing to support a moratorium 
on the raids of medical marijuana providers until Congress could hold 
hearings on this matter.
  She replied, ``If I am confirmed as Administrator of the DEA, it will 
be my duty to see to the uniform enforcement of federal law. I do not 
believe it would be consistent with that duty for me to support a 
moratorium on enforcement of this law, or any law, in selected areas of 
the country.''
  Let me be clear. I was not asking for a moratorium on the enforcement 
of all marijuana laws--only on the raids of these medical marijuana 
providers who are complying with State law.
  I also was not asking for an endless moratorium--just the opportunity 
for Congress to exercise its oversight role of the Drug Enforcement 
Administration.
  Yet she was unwilling to budge.
  Who are these so-called criminals that the DEA is targeting and 
arresting?
  Suzanne Pfeil is 42 years old and suffers from post-polio syndrome. 
She experiences extreme pain and muscle spasticity. She is allergic to 
opiates and does not tolerate many pharmaceutical drugs, so her 
physician recommended medical marijuana, in accordance with California 
state law. Here, in her own words, is what happened to her last 
September:

       At dawn on September 5, 2002, I awoke to five federal 
     agents pointing assault rifles at my head. I did not hear 
     them come in because my respirator is rather loud.
       They yelled at me to put my hands in the air and to stand 
     up ``NOW.'' I tried to explain to them that I needed to put 
     my hands down on the bed in order to sit up because I am 
     paralyzed. They again shouted at me to stand up. I pointed to 
     my crutches and braces beside the bed and said, ``I'm sorry, 
     I can't stand up without my crutches and braces and I 
     normally use a wheelchair.''
       At that point they ripped the covers off the bed and 
     finally realized what I was trying to explain amid their 
     shouts and guns. They handcuffed me behind my back and left 
     me on the bed.
       The DEA then proceeded to confiscate medication recommended 
     to me by my physician under California State Law Proposition 
     215. My crime? I am a member of WAMM, The Women's Alliance 
     for Medical Marijuana, a nonprofit collective of patients and 
     their caregivers working together to provide free medication 
     and hospice services to approximately 250 seriously ill and 
     dying members.
       The DEA then destroyed our collective garden and arrested 
     our Director Valerie Corral, who is an epileptic, and her 
     caregiver and husband Michael Corral.''

  Eighty-five percent of the patients in this organization are 
terminally ill with cancer or AIDS. Is this how the DEA should spend 
its precious resources?
  In another case, the City of Oakland enacted a medicinal marijuana 
ordinance, as permitted by California law. Under the auspices of this 
ordinance, Ed Rosenthal grew marijuana to be sold for medicinal uses.
  Even though Mr. Rosenthal was acting as an officer of the city, in 
February 2002, DEA agents raided his facility and arrested him for 
marijuana cultivation and conspiracy.
  Since the federal law does not recognize ``medical necessity'' as a 
defense, Mr. Rosenthal was not allowed to tell the jury that he was 
growing the marijuana for medicinal purposes.
  The prosecutors took this opportunity to present Mr. Rosenthal as a 
big-time drug dealer, and the jury had no choice but to convict Mr. 
Rosenthal.
  After the trial, the jurors learned that Mr. Rosenthal was growing 
medical marijuana and complained that they had been misled by the 
court. Five jurors immediately issued a public apology to him and 
demanded a new trial.
  Their statement said, ``In this trial, the prosecution was allowed to 
put all of the evidence and testimony on one of the scales, while the 
defense was not allowed to put its evidence and testimony on the other 
side. Therefore we were not allowed as a jury to properly weigh the 
case.''
  During the sentencing phase of the trial, nine of the twelve jurors 
asked that Mr. Rosenthal not be imprisoned because they had convicted 
him ``without having all the evidence.''
  Due to these unique circumstances, the judge sentenced Mr. Rosenthal 
to one day in prison and a $1,000 fine, the most lenient sentence 
allowed under law.
  Yet, the prosecutor, who had asked for a six-and-a-half-year 
sentence, has appealed this sentence.
  The San Francisco Examiner has called this a ``mean-spirited attempt 
to revive a losing case [and] is only throwing good money after bad.''
  I think that accurately describes not only the prosecution's latest 
appeal, but the DEA's campaign against medical marijuana as a whole.
  These raids of medical marijuana facilities also are creating tension 
between the DEA and local law enforcement agencies.
  In California, several cities are pushing their local police to stop 
cooperating with the DEA.
  Most notably, in October 2002, San Jose Police Chief William 
Lansdowne pulled his five officers from a DEA High Intensity Drug 
Trafficking Area task force.
  In doing so, Chief Lansdowne said, ``I think the priorities are out 
of sync at the federal level . . . . The problem in California right 
now is methamphetamines, not medical marijuana.''
  In order for the DEA to be successful in its efforts to target major 
drug traffickers and drug gangs, it must have the cooperation of local 
law enforcement.
  This is yet another reason why the raids of medical marijuana 
providers must end.
  Finally, I would like to address the debate regarding the potential 
medicinal benefit of marijuana.
  I am not a doctor or a medical professional. However, the following 
organizations have endorsed supervised access to medical marijuana: The 
AIDS Action Council, the American Academy of Family Physicians, the 
American Nurses Association, the American Preventative Medical 
Association, the American Public Health Association, Kaiser Permanente, 
and the New England Journal of Medicine.
  In 1999, the Institute of Medicine issued a report entitled 
``Marijuana and Medicine: Assessing the Science Base.'' This report, 
authorized by the White House Office of National Drug Control Policy, 
stated, ``Nausea, appetite loss, pain, and anxiety are all afflictions 
of wasting, and all can be mitigated by marijuana.''
  Furthermore, the following international agencies have recommended 
the use of medical marijuana: the Canadian government, the British 
Medical Association, the French Ministry of Health, the Israel Health 
Ministry, and the Australian National Task Force on Cannabis.
  Even the DEA has registered eight researchers to further examine the 
possible medicinal benefits of smoking marijuana.
  This obviously is an ongoing debate. The citizens and legislatures of 
ten states have spoken. I believe the DEA should suspend its raids of 
medical marijuana providers in these states and place such efforts at 
the bottom of its list of priorities.
  Since Ms. Tandy is unwilling to yield at all on this point, I 
respectfully oppose her nomination.

                          ____________________