[Congressional Record (Bound Edition), Volume 155 (2009), Part 16]
[Senate]
[Pages 22018-22021]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                 CZARS

  Mr. ALEXANDER. Thank you very much. Would the Chair please let me 
know when I have 1 minute remaining.
  Monday on the Senate floor, I expressed my concern about the number 
of so-called czars in the White House and in the administration. I said 
then that the number of czars--I believe the number is now 32--is an 
affront to the Constitution. It is anti-democratic. It is a poor 
example of what was promised to be a new era of transparency. It is a 
poor way to manage the government. And it is the most visible symptom 
of this administration's 8-month record of too many Washington 
takeovers.
  Yesterday, the White House blog and a White House press secretary 
objected to what I said on Monday, pointing out that I had supported 
manufacturing czars and AIDS czars 6 years ago. Of course I did; I 
acknowledged that in my remarks on Monday. As I said Monday, there have 
always been some czars in the White House and in the government since 
Franklin D. Roosevelt was President. Some of them were appointed by 
Presidents, some of them were created by statute, and a few of them 
were confirmed by the Senate. There's never been anything like we've 
seen with this administration.
  Also on Monday, I joined in a letter from Senator Collins, Senator 
Bond, Senator Crapo, Senator Bennett, and Senator Roberts, making clear 
that not every czar is a problem. In that letter, we identified at 
least 18 czar positions created by the Obama administration whose 
reported responsibilities may be undermining the constitutional 
oversight responsibilities of Congress or express statutory assignments 
of responsibility to other executive branch officials.
  In this letter from Senator Collins, in which the rest of us joined, 
we said: With regard to each of these positions, we ask that you 
explain: the specific authorities and responsibilities of the position, 
including any limitations you have placed on the position to ensure 
that it does not encroach on the legitimate statutory responsibilities 
of other executive branch officials.
  Second, the process by which the administration examines the 
character and qualifications of the individuals appointed by the 
President to fill the position.
  And, third, whether the individual occupying the position will agree 
to any reasonable request to appear before, or provide information to, 
Congress.
  The letter goes on to say:

       We also urge you to refrain from creating similar 
     additional positions or making appointments to any vacant 
     czar positions until you have fully consulted with the 
     appropriate Congressional committees.
       Finally, we ask that you reconsider your approach of 
     centralizing authority at the White House. Congress has 
     grappled repeatedly with the question of how to organize the 
     Federal Government.

  We went into some detail about that, and asked respectfully that the 
President consult carefully with Congress prior to establishing any 
additional czars.
  I ask unanimous consent that this letter from six senators be 
included in the Record following my remarks.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (See exhibit 1.)
  Mr. ALEXANDER. Senator Collins and the five of us who joined in her 
letter were not the only Senators to be concerned about this issue. On 
Wednesday, Senator Feingold, the Democrat from Wisconsin, questioned 
President Obama's policy of policy czars and sent a letter to the 
President, just as we did. In that letter, Senator Feingold urged the 
President to release information about the role and responsibility of 
these czars, which is what we asked him to do in our letter as well.
  Senator Hutchison of Texas, in the Washington Post on September 13, 
wrote an excellent op-ed describing how the system of checks and 
balances is upset by an excessive number of Washington czars who are 
unconfirmed and unaccountable to the Congress, and who do not answer 
questions from those of us who are elected to ask such questions.
  I ask unanimous consent that Senator Feingold's letter to the 
President be printed in the Record following my remarks.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (See exhibit 2).
  Mr. ALEXANDER. On Monday, I pointed out that not only Senator 
Hutchison and Senator Collins and the other Republican Senators have 
these concerns. Now Senator Feingold from the other side of the aisle 
has raised questions about these czars.
  I mentioned this Monday, but I want to repeat it in case the White 
House press office missed it: Senator Byrd, our President Pro Tempore, 
widely considered by all of us in the Senate to be the constitutional 
conscience of this Senate, was the first to write the president 
expressing concerns over the increasing appointment of White House 
czars.
  In his letter he said:

       Too often I have seen these lines of authority and 
     responsibility become tangled and blurred, sometimes 
     purposely, to shield information and to obscure the decision-
     making process.

  Senator Byrd went on to say that:

       The rapid and easy accumulation of power by White House 
     staff can threaten the constitutional system of checks and 
     balances. At the worst, White House staff have taken 
     direction and control of problematic areas that are the 
     statutory responsibility of Senate-confirmed officials.

  Senator Byrd continues:

       As Presidential assistants and advisers, these White House 
     staffers are not accountable for their actions to Congress, 
     to cabinet officials, and to virtually anyone but the 
     President. They rarely testify before Congressional 
     committees, and often shield the information and decision-
     making process behind the assertion of executive privilege.

  In too many instances, White House staff have been allowed to inhibit 
openness and transparency, and reduce accountability.
  Finally, I ask unanimous consent to print in the Record following my 
remarks a list of 18 new czars created by the Obama administration.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (See exhibit 3.)
  Mr. ALEXANDER. I want to make it clear to the White House Press 
Office that we are focused on those 18 new czars. We recognize there 
have been czars before, that for the reasons Senator Byrd, Senator 
Hutchison, Senator Collins, and others have described. We believe this 
is too many, and we take seriously our responsibilities under Article 
II of the Constitution to confirm officials who manage the government, 
to ask them questions, to approve their appropriations, and to withhold 
their appropriations when it's appropriate.
  We have these positions in the Executive Office of the President; 
there are 10 of them: Central region czar, Dennis Ross; cyber-security 
czar, domestic violence czar, economic czar, energy and environment 
czar, and health czar. Those are some of the biggest issues facing 
Congress, and here are these czars with authority for policy close to

[[Page 22019]]

the President but unaccountable to us. We have a senior director for 
information sharing policy, urban affairs czar, WMD policy czar, a 
green job czar, who resigned recently. Those are the positions in the 
Executive Office of the President, 10 new ones. Then there are eight 
more that are in departments or agencies, including: Afghanistan czar, 
auto recovery czar, car czar, Great Lakes czar, pay czar, Guantanamo 
closure czar, international climate czar, and the border czar.
  I described on Monday, as Senator Byrd has said more eloquently, the 
problems with too many czars. The first problem is the constitutional 
checks and balances described by Senator Byrd. The second problem is 
that this is a poor way to manage the government. When I was a young 
White House aide, I was taught that the job of the White House staff is 
to push the merely important issues out of the White House so you can 
reserve to the President the handful of truly Presidential issues for 
his attention. His job is to set the country's agenda, to see an urgent 
need and devise a strategy, meet the need and persuade at least half 
the people he is right. He can do that more effectively if the 
government is managed by Secretaries and Cabinet officers.
  Finally, czars are anti-democratic. Czars are usually Russian, not 
American. Czars are usually imperialists, not Democrats. The dictionary 
says czars are autocratic rulers or leaders. That is not consistent 
with the kind of government we want. It is alien to our way of 
thinking.
  Czars are becoming the most visible symbol of this administration's 
determination to have an increasing number of Washington takeovers: 
banks, insurance companies, student loans, car companies, even farm 
ponds. Some want to take over health care. Many Americans believe we 
have a runaway government with too many Washington takeovers, and the 
last thing we need are 18 new czars unaccountable to elected officials 
whose job it is to check and balance that government.
  I am glad in a way that the White House has noticed my comments and 
those of Senators Collins, Bennett, Hutchison, and others. I hope they 
will respond to Senator Collins' letter, to Senator Feingold's request, 
and to other admonitions. We call on the administration to answer 
questions posed by these Senators: Who are these czars? What is their 
role? What is their responsibility? How were they vetted? What 
limitations are on their positions to make sure they don't encroach on 
legitimate statutory responsibilities of other executive branch 
officials, and will they agree to a reasonable request to appear before 
Congress?
  I yield the floor.
     Exhibit 1
         U.S. Senate, Committee on Homeland Security and 
           Governmental Affairs,
                               Washington, DC, September 14, 2009.
     Hon. Barack Obama,
     President of the United States, The White House, Washington, 
         DC.
       Dear Mr. President: We write to express our growing concern 
     with the proliferation of ``czars'' in your Administration. 
     These positions raise serious issues of accountability, 
     transparency, and oversight. The creation of ``czars,'' 
     particularly within the Executive Office of the President, 
     circumvents the constitutionally established process of 
     ``advise and consent,'' greatly diminishes the ability of 
     Congress to conduct oversight and hold officials accountable, 
     and creates confusion about which officials are responsible 
     for policy decisions.
       To be clear, we do not consider every position identified 
     in various reports as a ``czar'' to be problematic. Positions 
     established by law or subject to Senate confirmation, such as 
     the Director of National Intelligence, the Homeland Security 
     Advisor, and the Chairman of the Recovery Accountability and 
     Transparency Board, do not raise the same kinds of concerns 
     as positions that you have established within the Executive 
     Office of the President that are largely insulated from 
     effective Congressional oversight. We also recognize that 
     Presidents are entitled to surround themselves with experts 
     who can serve as senior advisors.
       Many ``czars'' you have appointed, however, either 
     duplicate or dilute the statutory authority and 
     responsibilities that Congress has conferred upon Cabinet-
     level officers and other senior Executive branch officials. 
     When established within the White House, these ``czars'' can 
     hinder the ability of Congress to oversee the complex 
     substantive issues that you have unilaterally entrusted to 
     their leadership. Whether in the White House or elsewhere. 
     the authorities of these advisors are essentially undefined. 
     They are not subject to the Senate's constitutional ``advice 
     and consent'' role, including the Senate's careful review of 
     the character and qualifications of the individuals nominated 
     by the President to fill the most senior positions within our 
     government. Indeed, many of these new ``czars'' appear to 
     occupy positions of greater responsibility and authority than 
     many of the officials who have been confirmed by the Senate 
     to fill positions within your Administration.
       With these concerns in mind, we have identified at least 18 
     ``czar'' positions created by your Administration whose 
     reported responsibilities may be undermining the 
     constitutional oversight responsibilities of Congress or 
     express statutory assignments of responsibility to other 
     Executive branch officials. With regard to each of these 
     positions, we ask that you explain:
       The specific authorities and responsibilities of the 
     position, including any limitations you have placed on the 
     position to ensure that it does not encroach on the 
     legitimate statutory responsibilities of other Executive 
     branch officials;
       The process by which the Administration examines the 
     character and qualifications of the individuals appointed by 
     the President to fill the position; and,
       Whether the individual occupying the position will agree to 
     any reasonable request to appear before, or provide 
     information to, Congress.
       We also urge you to refrain from creating similar 
     additional positions or making appointments to any vacant 
     ``czar'' positions until you have fully consulted with the 
     appropriate Congressional committees.
       Finally, we ask that you reconsider your approach of 
     centralizing authority at the White House. Congress has 
     grappled repeatedly with the question of how to organize the 
     federal government. We have worked to improve the Department 
     of Homeland Security and bring together the disparate law 
     enforcement, intelligence, emergency response, and security 
     components that form its core. We established the Director of 
     National Intelligence to coordinate the activities of the 16 
     elements of the Intelligence Community, breaking down 
     barriers to cooperation that led to intelligence failures 
     before the terrorist attacks of September 11, 2001. The 
     bipartisan review by the Homeland Security and Governmental 
     Affairs Committee of the failures associated with the 
     response to Hurricane Katrina led to fundamental reforms of 
     the Federal Emergency Management Agency, improving our 
     nation's preparedness and ability to respond to disasters. In 
     each of these cases, the Congress's proposed solution did not 
     consolidate power in a single czar locked away in a White 
     House office. Instead, working in a bipartisan fashion, we 
     created a transparent framework of accountable leaders with 
     the authorities necessary to accomplish their vital missions.
       If you believe action is needed to address other failures 
     or impediments to successful coordination within the 
     Executive branch, we ask that you consult carefully with 
     Congress prior to establishing any additional ``czar'' 
     positions or filling any existing vacancies in these 
     positions. We stand ready to work with you to address these 
     challenges and to provide our nation's most senior leaders 
     with the legitimacy necessary to do their jobs--without 
     furthering the accountability, oversight, vetting, and 
     transparency shortcomings associated with ``czars.''
           Sincerely,
     Susan M. Collins,
     Lamar Alexander,
     Christopher S. Bond,
     Mike Crapo,
     Pat Roberts,
     Robert F. Bennett,
       U.S. Senators.
                                  ____


                               Exhibit 2

          [From the Hill's Blog Briefing Room, Sept. 16, 2009]

                    Feingold questions Obama `czars'

                           (By Jordan Fabian)

       A liberal senator on Wednesday questioned President Barack 
     Obama's policy ``czars'' after the senior advisers have taken 
     heat mostly from Republican lawmakers.
       Sen. Russ Feingold (D-Wis.) sent a letter to the president 
     requesting the White House release information regarding the 
     ``roles and responsibilities'' of the ``czars.'' The Senate 
     Judiciary Committee member also requested that the 
     president's legal advisers prepare a ``judgment'' on the 
     ``czars'' constitutionality.
       Feingold's letter represents one of the first examples of 
     Democratic scrutiny of the president's ``czars,'' who are not 
     required to be confirmed by the Senate.
       Sen. Robert Byrd (D-W.Va.), who has been absent from the 
     Senate since experiencing health issues, also expressed 
     skepticism of Obama's use of policy ``czars'' in February.
       Republicans in Congress ramped up criticism of the the 
     appointed advisers following the resignation of former green 
     jobs czar Van Jones after his signature was found on a 
     petition implying the Bush administration

[[Page 22020]]

     played a role in the 9/11 terrorist attacks and making other 
     controversial statements.
       Earlier today, Reps. Darrell Issa (Calif.) and Lamar Smith 
     (R-Tex.), the top Republicans on the House Oversight and 
     Government Reform Committee and the House Judiciary Committee 
     respectively, sent a similar letter to White House counsel 
     Greg Craig.
       Energy and Environment ``czar'' Carol Browner, and FCC 
     Diversity ``czar'' Mark Lloyd have also faced flak after they 
     made other questionable remarks.

     The President of the United States,
     The White House,
     Washington, DC.
       Dear Mr. President: From the beginning of your 
     administration, you have made an admirable commitment to 
     transparency and open government. You showed the strength of 
     your commitment by sending a memorandum to the heads of 
     executive departments and agencies within a week of your 
     inauguration, stating: ``My administration will take 
     appropriate action, consistent with law and policy, to 
     disclose information rapidly in forms that the public can 
     readily find and use.''
       As you know, there has been much discussion about your 
     decisions to create and assign apparently significant policy-
     making responsibilities to White House and other executive 
     positions; many of the persons filling these positions have 
     come to be referred to in the media and even within your 
     administration as policy ``czars.'' I heard firsthand about 
     this issue on several occasions from my constituents in 
     recent town hall meetings in Wisconsin.
       The Constitution gives the Senate the duty to oversee the 
     appointment of Executive officers through the Appointments 
     Clause in Article II, section 2. The Appointments Clause 
     states that the President ``shall nominate, and by and with 
     the advice and consent of the Senate, shall appoint 
     ambassadors, other public ministers and consuls, judges of 
     the Supreme Court, and all other officers of the United 
     States, whose appointments are not herein otherwise proved 
     for, and which shall be established by law.'' This clause is 
     an important part of the constitutional scheme of separation 
     of powers, empowering the Senate to weigh in on the 
     appropriateness of significant appointments and assisting in 
     its oversight of the Executive Branch.
       As a member of the Senate with the duty to oversee 
     executive appointments and as the Chairman of the Senate 
     Constitution Subcommittee, I respectfully urge you to 
     disclose as much information as you can about these policy 
     advisors and ``czars.'' Specifically, I ask that you identify 
     these individuals' roles and responsibilities, and provide 
     the judgment(s) of your legal advisors as to whether and how 
     these positions are consistent with the Appointments Clause. 
     I hope that this information will help address some of the 
     concerns that have been raised about new positions in the 
     White House and elsewhere in the Executive Branch, and will 
     inform any hearing that the Subcommittee holds on this topic.
       Thank you for considering my views on this important 
     matter. I very much appreciate your commitment to 
     transparency and open government and look forward to your 
     prompt response.
           Sincerely,
                                              Russell D. Feingold,
     United States Senator.
                                  ____


                               Exhibit 3

                                 Czars


        positions in the executive office of the president (10)

       Central Region Czar: Dennis Ross
       Official Title: Special Assistant to the President and 
     Senior Director for the Central Region
       Reports to: National Security Adviser Gen. James L. Jones

       Cybersecurity Czar: TBD
       Reported Duties: Will have broad authority to develop 
     strategy to protect the nation's government-run and private 
     computer networks.
       Reports to: National Security Advisor Gen. James L. Jones 
     and Larry Summers, the President's top economic advisor

       Domestic Violence Czar: Lynn Rosenthal
       Official Title: White House Advisor on Violence Against 
     Women
       Reported Duties: Will advise the President and Vice 
     President on domestic violence and sexual assault issues.
       Reports to: President Obama and Vice President Biden

       Economic Czar: Paul Volcker
       Official Title: Chairman of the President's Economic 
     Recovery Advisory Board
       Reported Duties: Charged with offering independent, 
     nonpartisan information, analysis and advice to the President 
     as he formulates and implements his plans for economic 
     recovery.
       Reports to: President Obama

       Energy and Environment Czar: Carol Browner
       Official Title: Assistant to the President for Energy and 
     Climate Change
       Reported Duties: Coordinate energy and climate policy, 
     emphasizing regulation and conservation.
       Reports to: President Obama

       Health Czar: Nancy-Ann DeParle
       Official Title: Counselor to the President and Director of 
     the White House Office of Health Reform
       Reported Duties: Coordinates the development of the 
     Administration's healthcare policy agenda.
       Reports to: President Obama

       Senior Director for Information Sharing Policy: Mike 
     Resnick
       Reported Duties: Lead a comprehensive review of information 
     sharing and lead an interagency policy process to identify 
     information sharing and access priorities going forward. 
     (Perhaps performing functions statutorily assigned to the 
     Program Manager for the Information Sharing Environment).
       Reports to: Unknown

       Urban Affairs Czar: Adolfo Carrion Jr.
       Official Title: White House Director of Urban Affairs
       Reported Duties: Coordinating transportation and housing 
     initiatives, as well as serving as a conduit for federal aid 
     to economically hard-hit cities.
       Reports to: President Obama

       WMD Policy Czar: Gary Samore
       Official Title: White House Coordinator for Weapons of Mass 
     Destruction, Security and Arms Control
       Reported Duties: Will coordinate issues related to weapons 
     of mass destruction across the government, including: 
     proliferation, nuclear and conventional arms control, threat 
     reduction, and terrorism involving weapons of mass 
     destruction.
       Reports to: National Security Advisor Gen. James L. Jones

       Green Jobs Czar: TBD (Van Jones--Resigned)
       Official Title: Special Adviser for Green Jobs, Enterprise, 
     and Innovation at the White House Council on Environmental 
     Quality
       Reported Duties: Will focus on environmentally-friendly 
     employment within the administration and boost support for 
     the idea nationwide.
       Reports to: Head of Council on Environmental Quality

                positions in a department or agency (8)

       Afghanistan Czar: Richard Holbrooke
       Official Title: Special Representative for Afghanistan and 
     Pakistan
       Reported Duties: Will work with CENTCOM head to integrate 
     U.S. civilian and military efforts in the region.
       Reports to: Secretary of State (position is within the 
     Department of State)

       Auto Recovery Czar: Ed Montgomery
       Official Title: Director of Recovery for Auto Communities 
     and Workers
       Reported Duties: Will work to leverage government resources 
     to support the workers, communities, and regions that rely on 
     the American auto industry.
       Reports to: Labor Secretary and Larry Summers, the 
     President's top economic advisor (position is within the 
     Department of Labor)

       Car Czar (Manufacturing Policy): Ron Bloom
       Official Title: Counselor to the Secretary of the Treasury
       Reported Duties: Leader of the White House task force 
     overseeing auto company bailouts; worked on the restructuring 
     of General Motors and Chrysler LLC.
       Reports to: Treasury Secretary and Larry Summers, the 
     President's top economic advisor (position is within the 
     Department of Treasury)

       Great Lakes Czar: Cameron Davis
       Official Title: Special advisor to the U.S. EPA overseeing 
     its Great Lakes restoration plan
       Reported Duties: Oversees the Administration's initiative 
     to restore the Great Lakes' environment.
       Reports to: Environmental Protection Agency Administrator 
     (position is within the Environmental Protection Agency)

       Pay Czar: Kenneth Feinberg
       Official Title: Special Master on executive pay
       Reported Duties: Examines compensation practices at 
     companies that have been bailed out more than once by the 
     federal government.
       Reports to: Treasury Secretary (position is within the 
     Department of the Treasury)

       Guantanamo Closure Czar: Daniel Fried
       Official Title: Special Envoy to oversee the closure of the 
     detention center at Guantanamo Bay
       Reported Duties: Works to get help of foreign governments 
     in moving toward closure of Guantanamo Bay.
       Reports to: Secretary of State (position is within the 
     Department of State)

       International Climate Czar: Todd Stern
       Official Title: Special Envoy for Climate Change
       Reported Duties: Responsible for developing international 
     approaches to reduce the emission of greenhouse gases.
       Reports to: Secretary of State (position is within the 
     Department of State)

       Special Representative for Border Affairs and Assistant 
     Secretary for International Affairs (dubbed ``Border Czar''): 
     Alan Bersin

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       Official Title: Assistant Secretary for International 
     Affairs
       Reported Duties: Will coordinate all of the Department's 
     border security and law-enforcement efforts.
       Reports to: Homeland Security Secretary (position is within 
     the Department of Homeland Security)

                          ____________________