[Congressional Record (Bound Edition), Volume 149 (2003), Part 2]
[Senate]
[Pages 1746-1748]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. COLEMAN. Mr. President, I ask unanimous consent that the Senate 
immediately proceed to executive session to consider the following 
nominations on the Executive Calendar: Nos. 2 through 16, and 19.
  I further ask unanimous consent that the nominations be confirmed, 
the motions to reconsider be laid upon the table, any statements 
relating to the nominations be printed in the Record, the President be 
immediately notified of the Senate's action, and the Senate then return 
to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations were considered and confirmed, as follows:


                                  ARMY

       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 the title 10, 
     U.S.C., section 601:

[[Page 1747]]



                        To be lieutenant general

     Lt. Gen. George W. Casey, Jr.

       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 lieutenant general

     Lt. Gen. John P. Abizaid


           NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

       Celeste Colgan, of Texas, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2008.
       Jewel Spears Brooker, of Florida, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2008.
       Elizabeth Fox-Genovese, of Georgia, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2008.
       Stephen McKnight, of Florida, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2006.
       Sidney McPhee, of Tennessee, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2008.
       Lawrence Okamura, of Missouri, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2008.
       Marguerite Sullivan, of the District of Columbia, to be a 
     Member of the National Council on the Humanities for a term 
     expiring January 26, 2008.
       Stephen Thernstrom, of Massachusetts, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2008.
       David Hertz, of Indiana, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2006.
       Terry L. Maple, of Georgia, to be a Member of National 
     Museum Services Board for a term expiring December 6, 2005.


                    NATIONAL INSTITUTE FOR LITERACY

       Phyllis C. Hunter, of Texas, to be a Member of the National 
     Institute for Literacy Advisory Board for a term of two 
     years. (New Position)
       Blanca E. Enriquez, of Texas, to be a Member of the 
     National Institute for Literacy Advisory Board for a term of 
     three years. (New Position)
       Douglas Carnine, of Oregon, to be a Member of the National 
     Council Institute for Literacy Advisory Board for a term of 
     three years. (New Position)


                    DEPARTMENT OF HOMELAND SECURITY

       Asa Hutchinson, of Arkansas, to be Under Secretary for 
     Border and Transportation, Department of Homeland Security. 
     (New Position)

  Mr. McCAIN. Mr. President, the Senate has just confirmed the 
appointment of Asa Hutchinson to serve as the Under Secretary for 
Border and Transportation Security at the Department of Homeland 
Security. This is a very important position within the newly created 
Department, and one that encompasses far-reaching responsibilities. 
Therefore, I am pleased the Senate was able to move expeditiously on 
this confirmation so that Congressman Hutchinson can be in his position 
when the new Department officially begins operation tomorrow, January 
24.
  The Under Secretary for Border and Transportation Security is charged 
with critical duties, including: preventing the entry of terrorists and 
the instruments of terrorism into the United States; securing the 
borders, territorial waters, ports, terminals, waterways, and air, 
land, and sea transportation systems of the United States; 
administering U.S. customs laws; establishing national immigration 
enforcement policies and priorities; carrying out INS immigration 
enforcement functioning; and administering the granting of visas or 
other forms of permission to enter the United States.
  With these duties will go jurisdiction over many existing government 
units, including the United States Customs Service of the Department of 
the Treasury, the Transportation Security Administration, TSA, of the 
Department of Transportation, the Federal Protective Service of the 
General Services Administration, the Federal Law Enforcement Training 
Center of the Department of the Treasury, and the Office for Domestic 
Preparedness of the Office of Justice Programs of the Department of 
Justice.
  Security policies are intertwined with safety policies, and many of 
the Under Secretary's functions are closely linked to other agencies of 
the federal governmental, such as the modal administrations responsible 
for transportation safety at the Department of Transportation. Further, 
many duties overseen by the Under Secretary have been and will continue 
to be performed by the Coast Guard. All of these functions will have to 
be carefully coordinated under Congressman Hutchinson's leadership.
  The Under Secretary will face many difficult challenges, including 
those associated with the very serious situation at our southern 
border. For example, Arizona has been a leading gateway for illegal 
immigrants into the U.S. since the mid-1990s. Illegal immigrants are 
dying along on our borders. The attrition rate for Border Patrol Agents 
and INS inspectors has reached alarming levels. We have reached the 
point where we now have private citizens taking up arms and forming 
militia groups to patrol the border because they feel the federal 
government has failed to protect them. Just yesterday, the Wall Street 
Journal reported about the death of a U.S. Park Ranger in Arizona who 
was killed last August along the border, the fourth ranger killed in 
the line of duty since 1990. Further, uncompensated emergency and 
medical care provided to undocumented immigrants has left many border 
hospitals on the verge of financial ruin. Leadership and attention must 
be paramount in any effort undertaken by the Under Secretary to 
adequately address the wide range of border security issues, including 
how to ensure adequate resources are deployed for enforcement purposes.
  Yesterday, the Commerce, Science, and Transportation Committee held 
its hearing to consider Congressman Hutchinson's nomination. We 
unanimously approved his nomination earlier today. The new Under 
Secretary will certainly have our Committee's full support as he takes 
on the many great challenges that he will face in his new position. The 
American public is very fortunate to have such a fine, capable, 
hardworking citizen agree to take on the immense responsibilities 
associated with this public service position.
  I urge my colleagues' swift confirmation of Congressman Hutchinson.
  Mr. LEAHY. Mr. President, the Senate today considers the nomination 
of Asa Hutchinson to become the first Undersecretary of Border and 
Transportation Security for the Department of Homeland Security. I will 
vote for this nomination, but not without reservations.
  In addition to his service as head of the Drug Enforcement 
Administration, most of us in the Senate also know Asa Hutchinson from 
the substantial amount of time he spent on the floor of the Senate a 
few years ago during the impeachment trial of President Clinton. He and 
I were both involved in the deposition phase of that trial, and 
although we reached opposite conclusions on the question of 
impeachment, I found him to be a skilled attorney and advocate for his 
position, and a very likable colleague.
  Because of my respect for him, I expedited his 2001 nomination to 
head the DEA. I noticed a hearing only days after becoming chairman of 
the Judiciary Committee, held the hearing the following week, and 
scheduled a committee vote for the earliest possible time. I then 
worked with Senator Daschle to have the full Senate consider his 
nomination as quickly as possible.
  In his role as administrator, I believe he has done many things well. 
I do, however, have two concerns I would like to express today.
  At his confirmation hearing to head the DEA, I asked Mr. Hutchinson 
whether the Federal Government should make it a priority to prosecute 
people who distribute marijuana to ill people in States that have 
legalized marijuana for medicinal use. He said he wanted to work with 
the Attorney General and develop an appropriate policy to reflect the 
Federal-State tensions involved in the issue. If such a policy was 
developed, I am unaware of it. In practice, the DEA under Administrator 
Hutchinson's leadership took a very tough line against the use of 
marijuana for medical purposes, launching a number of raids in 
California against individuals and groups that were operating in 
compliance with California law.

[[Page 1748]]

  In Vermont, we are experiencing severe and growing problems with 
heroin abuse and our law enforcement officers face extraordinary 
burdens, it is problems like that that should be a priority for the 
DEA. Administrator Hutchinson's decision to use substantial Federal 
resources to crack down on the use of marijuana by ill people strikes 
me as setting the wrong priority, and certainly a different priority 
than he identified at his hearing.
  I am also concerned by recent reports that Administrator Hutchinson 
made extensive use of Government planes at significant taxpayer expense 
for public appearances, while previous administrators flew commercially 
for similar events. If these reports are true, he would not be the 
first member of the Department of Justice to make questionable use of 
taxpayer dollars for travel. Similar questions were raised in 2001 
about Attorney General Ashcroft's reliance on chartered planes. In 
addition, Hispanic agents have criticized Mr. Hutchinson for allowing 
the expiration of a committee that had been formed to brief the 
administrator on the concerns of Hispanic agents. I have not had the 
opportunity to discuss these accusations with him and his confirmation 
hearing for this post was not held before the Judiciary Committee. I 
would encourage Mr. Hutchinson to take affirmative steps to run an 
inclusive agency.
  In his new position, Mr. Hutchinson will be responsible for ensuring 
that our borders are safe. I have worked extensively to strengthen our 
northern border, particularly since the terrorist attacks of September 
11, 2001. I know that the personnel who protect our border are 
excellent, and I also know that they need more help. That is why I 
included provisions in the USA PATRIOT Act to triple INS and Customs 
personnel at the northern border, and to invest in improved technology 
and equipment to monitor the border. I look forward to working closely 
with Mr. Hutchinson to ensure that these provisions are finally and 
fully implemented and our borders are secure.

                          ____________________