S8476 CONGRESSIONAL RECORD — SENATE December 12, 2011 humming and the middle class from advanc- have to go to executive session and re- thing—a bill or a nomination—I put a ing, is a 4.6-point hike in marginal tax rates port the two nominations. I would be reason in the CONGRESSIONAL RECORD for the rich. happy, then, to yield to my colleague so that everybody knows it is me. I am This, in a country $15 trillion in debt with to speak first, if he wishes. not a secret-holds guy. out-of-control entitlements systematically The reason for my objection is not starving every other national need. This ob- Would my colleague agree with that? session with a sock-it-to-the-rich tax hike The PRESIDING OFFICER. The Sen- related to the substance of his duty as that, at most, would have reduced this year’s ator from Iowa. Ambassador; I object to his nomination deficit from $1.30 trillion to $1.22 trillion is Mr. GRASSLEY. I am willing to do because of the way Mr. Eisen handled the classic reflex of reactionary liberalism— that, but I thought I maintained the the controversial firing of Gerald anything to avoid addressing the underlying right to the floor by— Walpin and the congressional inquiry structural problems, which would require Mr. KERRY. Mr. President, I ask into that firing. Mr. Walpin was the in- modernizing the totemic programs of the unanimous consent that after we have spector general at the Corporation for New Deal and Great Society. moved to executive session, the Sen- National Community Service, As for those structural problems, Obama AmeriCorps. Mr. Eisen was at the has spent three years on signature policies ator from Iowa be the first to speak in that either ignore or aggravate them: the time period allotted to the oppo- White House Counsel’s office at the —A massive stimulus, a gigantic payoff to nents. time. Democratic interest groups (such as teach- The PRESIDING OFFICER. Without Any attempt to undermine the inde- ers, public-sector unions) that will add near- objection, it is so ordered. pendence and integrity of inspectors ly $1 trillion to the national debt. general raises serious concerns with —A sweeping federally run reorganization f me, and anybody ought to know that of health care that (a) cost Congress a year, CONCLUSION OF MORNING about this Senator. An inspector gen- (b) created an entirely new entitlement in a BUSINESS eral who does his or her job runs the nation hemorrhaging from unsustainable en- risk of losing friends at any agency as titlements, (c) introduced new levels of un- The PRESIDING OFFICER. Morning certainty into an already stagnant economy. business is closed. well as maybe the White House. The —High-handed regulation, best exemplified Congress must not sit idly by when an f by Obama’s failed cap-and-trade legislation, inspector general is removed improp- promptly followed by the Environmental EXECUTIVE SESSION erly. Protection Agency trying to impose the After the President abruptly removed same conventional-energy-killing agenda by Inspector General Walpin from office, administrative means. NOMINATION OF NORMAN L. EISEN there were allegations that he was Moreover, on the one issue that already en- TO BE AMBASSADOR EXTRAOR- fired for political reasons. So I started joys a bipartisan consensus—the need for DINARY AND PLENIPOTENTIARY the investigation. There was evidence fundamental reform of a corrosive, corrupted tax code that misdirects capital and pro- OF THE UNITED STATES OF that the removal may have been moti- motes unfairness—Obama did nothing, ignor- AMERICA TO THE CZECH REPUB- vated by a desire to protect a friend ing the recommendations of several bipar- LIC and political ally of the President, tisan commissions, including his own. mayor of Sacramento Kevin Johnson. In Kansas, Obama lamented that millions The inspector general and CNCS ‘‘are now forced to take their children to NOMINATION OF MARI CARMEN management were clashing over an in- food banks.’’ You have to admire the audac- APONTE TO BE AMBASSADOR quiry into misuse of Federal grant ity. That’s the kind of damning observation EXTRAORDINARY AND PLENI- money at a charity run by Johnson. the opposition brings up when you’ve been in POTENTIARY OF THE UNITED There were allegations that the grant office three years. Yet Obama summoned it money was used to pay for personal to make the case for his reelection! STATES OF AMERICA TO THE Why? Because, you see, he bears no respon- REPUBLIC OF EL SALVADOR services for Johnson such as maybe sibility for the current economic distress. The PRESIDING OFFICER. Under washing his car. There seemed to be It’s the rich. And, like Horatius at the the previous order, the Senate will pro- evidence of that. There were allega- bridge, Obama stands with the American ceed to executive session to consider tions that the grant money has been masses against the soulless plutocrats. the following nominations, en bloc, used to pay for political campaign This is populism so crude that it channels work. So what would you expect an in- not Teddy Roosevelt so much as Hugo Cha- which the clerk will report. The bill clerk read the nominations spector general to do? vez. But with high unemployment, economic The IG was pushing aggressively to of Norman L. Eisen, of the District of stagnation and unprecedented deficits, what require Johnson to repay the Federal else can Obama say? Columbia, to be Ambassador Extraor- grant money that his charity could not He can’t run on stewardship. He can’t run dinary and Plenipotentiary of the on policy. His signature initiatives—the account for. The inspector general was United States of America to the Czech also pushing to have Johnson prohib- stimulus, Obamacare and the failed cap-and- Republic, and Mari Carmen Aponte, of trade—will go unmentioned in his campaign ited from receiving future Federal ads. Indeed, they will be the stuff of Repub- the District of Columbia, to be Ambas- grant funds. This caused, as you might lican ads. sador Extraordinary and Pleni- expect, a political uproar because some What’s left? Class resentment. Got a better potentiary of the United States of people feared that might prevent the idea? America to the Republic of El Sal- city of Sacramento from receiving Fed- Mr. KYL. I thank the Chair. vador. eral stimulus dollars during the finan- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under cial crisis. ator from Iowa. the previous order, there will be 1 hour All of this background cried out for Mr. KERRY addressed the Chair. of debate equally divided in the usual further investigation. I also learned The PRESIDING OFFICER. The Sen- form. that Mr. Eisen personally delivered an ator from Massachusetts. The Senator from Iowa. ultimatum to Inspector General f Mr. GRASSLEY. Mr. President, I Walpin. He demanded the inspector want to speak about one of the votes general resign or be terminated within ORDER OF PROCEDURE we are going to have this afternoon, 1 hour. At the time he delivered the ul- Mr. KERRY. Mr. President, I apolo- and it has nothing to do with Mr. timatum, no notice had been given or gize for interrupting my colleague, and Eisen’s job as Ambassador. It is about provided to Congress as is legally re- I will not for long. I think my col- why he has not been confirmed to this quired under the Inspector General Re- league wants to speak on the subject of point. form Act. the nominations that are going to be The President announced Mr. Eisen’s The IG Act requires the President to contained within an hour of debate, nomination to be Ambassador to the tell Congress the reasons for removal equally divided. I want to make certain Czech Republic on June 28, 2010. On of an inspector general 30 days before the comments of the Senator are going September 20, 2010, I provided public taking action. That is what the law re- to be part of that time period. So if I notice of my intention to object to the quires. Now, ironically, I cosponsored could ask, for my colleague—I believe nomination. In other words, as I al- this provision with Senator Obama be- we are almost at the hour where we ways do when I put a hold on some- fore he became President Obama. The

VerDate Mar 15 2010 07:27 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S12DE1.REC S12DE1 bjneal on DSK2TWX8P1PROD with December 12, 2011 CONGRESSIONAL RECORD — SENATE S8477 goal of that provision is to make sure would talk to his family or the people going to get into the details; and, No. Congress is aware of why an inspector who worked with him every day about 3, all of the board members agreed, in- general is being removed. your concerns. That would be the only cluding the Republican board members. We need independent inspectors gen- way to find out if there had been simi- Mr. Eisen clearly led the staff to be- eral. They should not be removed for lar incidents or if it was only a one- lieve that the President’s decision was political reasons. So we need to make time occurrence. based in part on the unanimous agree- sure Congress is informed of the rea- Instead, the chairman of the board ment of the board that the inspector sons for getting rid of an inspector gen- asked Mr. Eisen at the White House general should go. That was false. The eral. Mr. Eisen’s 1-hour ultimatum was Counsel’s office to look into it. Accord- account of Eisen’s interview is based an attempt to avoid that provision of ing to Mr. Eisen, he conducted ‘‘an ex- on memories of both House and Senate law. If the inspector general had re- tensive review’’ which then formed the staff present at that time. Also present signed under that pressure, Congress basis for the President’s decision to re- was a career law enforcement agent would not have received any notice and move Walpin from office. However, our from the executive branch on tem- the reasons for his removal would have investigation finds no evidence that porary detail to my oversight and in- remained a secret, but Inspector Gen- Mr. Eisen’s review consisted of any- vestigations staff whose recollections eral Walpin did not resign, and the thing more than simply asking the confirm this account as well. President began the process of remov- CNCS management to describe their In short, Mr. Eisen’s lack of candor ing him with a 30-day notice. At first complaints about Mr. Walpin. Unlike and cooperation cannot be mistaken the congressional review, Mr. Eisen did the notice merely said he had lost con- for a misunderstanding or a miscom- not interview each of the board mem- fidence in the inspector general. Sen- munication. There was no miscommun- bers present at the May 20 meeting. He ators from both political parties agreed ication. Attempts to remove an IG also did not interview the other Office that was too vague. So Mr. Eisen pro- must be evaluated with strict scrutiny. of Inspector General employee who was vided a second more detailed expla- When administration officials are present with Mr. Walpin during that nation. The second explanation said asked to provide information to Con- board meeting where they said he was the inspector general had been ‘‘con- gress, I expect to rely on those officials disoriented. Instead, Eisen merely col- fused and disoriented’’ at a board meet- to provide the unvarnished truth. Evi- lected from the agency details about ing on May 20, 2009. It essentially im- dence that a witness may have misled plied that he might be senile. various routine disagreements with the inspector general. Congress is extremely serious. So my staff met with Mr. Eisen to Just last month, Mr. Eisen finally try to learn more. So here I give you Now, get this. None of the evidence the agency provided to the White admitted his earlier statements were another reason for my hold on Mr. not true. He sent me a letter, and I ask Eisen. During that interview with the House related to Mr. Walpin’s mental capacity to serve, even though that unanimous consent to have it printed congressional staff on June 17, 2009, Mr. in the RECORD. Eisen refused to answer at least 12 very was the question that supposedly prompted the review in the first place. There being no objection, the mate- direct questions. I wrote to the White rial was ordered to be printed in the House Counsel’s office immediately Mr. Eisen accepted the agency’s RECORD, as follows: after the interview. I listed the 12 ques- version of those disagreements without even giving the inspector general a NOVEMBER 20, 2011. tions he refused to answer and asked chance to respond. DEAR SENATOR GRASSLEY: Thanks very for written answers. Obviously, any agency is going to much for meeting with me. I know how busy I never got a satisfactory reply. So I have some clashes with an inspector you are and I very much appreciate you and had to gather the facts independently. general, at least if that office operates your staff taking the time to talk about my So Mr. Eisen did provide some informa- as a truly independent and aggressive service as Ambassador to the Czech Repub- tion during this interview that very lic. I also appreciate the opportunity to dis- watchdog. Mr. Eisen did not provide day in 2009. The problem is, the infor- cuss your concerns about my interactions Mr. Walpin or anyone else in the Office mation turned out to be not true. Eisen with staff relating to the removal of Gerald of Inspector General an opportunity to tried to assure the staff that the firing Walpin as the Inspector General of the Cor- reply or give their side of the story. was not politically motivated. He poration for National Community Service Mr. Eisen took action based upon in- (CNCS). claimed the agency’s bipartisan board complete information provided only by With respect to the Walpin matter, you of directors unanimously supported the agency officials who had adversarial have asked me to clarify certain steps that removal of Inspector General Walpin relationships with that inspector gen- were taken by the Administration prior to before the President decided to remove eral. my June 10, 2009 phone call with Mr. Walpin him. He also claimed the White House He told Congress the May 20 incident about the President’s decision to remove him conducted ‘‘an extensive review’’ in re- was the reason for removing the in- from office. On May 20, 2009, the Chair of the CNCS Board, Alan Solomont, notified the sponse to concerns raised by the board spector general. But Mr. Eisen failed to about Walpin’s fitness for that office. White House that the Board had serious con- give Inspector General Walpin or any- cerns about Mr. Walpin’s performance. I per- He said this review was prompted by one close to him a chance to tell his sonally spoke with Mr. Solomont and ob- that incident at the May 20, 2009, board side of the story. To put it as simply as tained his independent recollection of the meeting where it appeared that the in- possible: That is just not fair. events of the May 20 Board meeting. To be spector general was disoriented. On June 17, 2009, I wrote to White clear, at that time, CNCS Board Members did When congressional investigators House counsel Gregory Craig listing 12 not express to the White House, verbally or interviewed eyewitnesses, however, specific direct questions that Eisen re- otherwise, unanimous support for the re- their accounts differed slightly. At a fused to answer that day. Question No. moval of Mr. Walpin. I believe that, on or about June 8 or 9, 2009, White House per- minimum, all agreed the inspector gen- 4 was this: Which witnesses were inter- eral lost his train of thought during sonnel also communicated with a Republican viewed in the course of Mr. Eisen’s re- Board member, Vice-Chair Goldsmith. I do the presentation. Others described it as view? not recall any other conversations with being a more serious episode. This question followed a more gen- Board members prior to the removal. The chairman of the board of direc- eral question about what Mr. Eisen did Thanks again for seeing me and for allow- tors suggested telling the White House in the course of his review. His answer ing me to convey my apology in connection about what happened. No one on the to that prior more general question in- with my June 17, 2009 meeting with Congres- board objected. So he went and met cluded the claim that he conducted sional staff. It is now my understanding that with Mr. Eisen in the White House witness interviews of the board mem- I answered a few of the questions inac- Counsel’s office. bers. However, he refused to specify curately, although at the time I thought Now, think about that, would you, which witnesses or how many wit- they were accurate. Of course, it was not my please. If you think the inspector gen- intent to mislead staff in any way, but to the nesses he interviewed. Then he resorted extent that I was unclear in my responses, or eral might be suffering from some men- to talking points rather than answer- that my declining to answer questions cre- tal incapacity or illness, why would ing specific questions. ated confusion, I regret it and I sincerely you run straight to the White House He replied along these lines: No. 1, we apologize. I have tremendous respect for the Counsel’s office? It seems to me you did an extensive review; No. 2, I am not role that you and your staff have played in

VerDate Mar 15 2010 07:27 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S12DE1.REC S12DE1 bjneal on DSK2TWX8P1PROD with S8478 CONGRESSIONAL RECORD — SENATE December 12, 2011 supporting the Inspector General commu- That is why Walpin lost his lawsuit, This is the second time in the last 2 nity. I look forward to working with you in but that does not change the nature months an official from the Obama ad- the future on items of mutual interest. and the fact that Norm Eisen at- ministration has done that. The Dep- Sincerely yours, tempted to evade the statute. uty Attorney General just withdrew a NORMAN L. EISEN. He tried to force a quiet resignation letter sent to me on Operation Fast Mr. GRASSLEY. He sent me a letter and thus remove the inspector general and Furious earlier this year because on November 20 admitting his answers from office without the 30-day notice of its ‘‘inaccuracies.’’ were ‘‘inaccurate.’’ He also acknowl- to Congress the law requires. I am afraid there is a pattern devel- edged in a meeting with me that the Because Inspector General Walpin did oping with this administration about key factual findings in the staff report not yield to the pressure, no court had not leveling with Congress in its con- were correct. He said he did not inten- a chance to rule on whether that would stitutional responsibility of oversight. tionally provide false information, and be appropriate. When we ask for information from the he has apologized. I am also opposed to this nomination executive branch, we expect honest, I am sure he sincerely regrets the because of the way the White House de- forthcoming, and truthful answers. We way he handled the questions, espe- cided to avoid these issues last year can disagree on policy; we are all enti- cially since it has led to the difficulty with a recess appointment. Senate con- tled to our opinion, but we are not en- in his confirmation process and prob- firmation, under the advice and con- titled to our own facts. Getting the ably, if we had had that letter as we sent clause, is one of the strongest facts straight should not be akin to asked for late last year, he would have checks on executive branch power. pulling teeth. We need to send a signal been confirmed at that particular time. Recess appointments are meant to that congressional oversight matters Now after my meeting with him this fill vacancies that arise during a long and there are consequences in mis- year, I accepted his apology about the recess, not to bypass the confirmation leading Congress. false or ‘‘inaccurate’’ statements. I process. This vacancy arose on January It should come as no surprise to any- agreed to proceed to the nomination 20, 2009. Yet the President waited 18 body that doing our constitutional job with a 60-vote margin required for con- months before making an appointment. of oversight is very important to this firmation. The majority leader did not There had already been a lot of con- Senate. I know Ambassador Eisen rec- agree with that, so he decided to in- troversy over Mr. Eisen’s actions at ognizes that. I got that very clearly voke cloture instead. the time of his appointment. The White from him in our last meeting in Octo- I will oppose cloture because I am House should have known there would ber. still opposed to the nomination. My op- be issues with his confirmation. Rather I don’t like interference by people in position was always based on more than listening to my concerns, the either a Republican or Democratic ad- than one or two false statements. Lack White House decided to bypass Con- ministration who don’t cooperate with of candor is broader than whether a gress. President Obama rewarded Mr. my investigations, and I will bet every particular statement is technically Eisen by using a recess appointment to Senator will say that. Therefore, for true. It includes his failure to be forth- install him as Acting U.S. Ambassador the reasons I just gave, I ask my col- coming and responsive to those ques- to the Czech Republic. leagues to oppose cloture and oppose tions that were asked on June 17, 2009. Mr. Eisen had several opportunities this nomination. His evasiveness caused House and Sen- to address my concerns last year. He I yield the floor and reserve the re- ate staff to spend much more time and was scheduled to meet with my staff on mainder of the time on this side. resources uncovering the truth. December 16, 2010, at 11:30 a.m., and at The PRESIDING OFFICER. The Sen- If he had just answered a few simple approximately 11:15 a.m., the White ator from Massachusetts is recognized. factual questions, that would not have House postponed the meeting until 2:15 Mr. KERRY. Mr. President, momen- been necessary. For example, in rela- p.m. At approximately 2 p.m., the tarily, I am going to yield time to the tion to the 1-hour ultimatum, he re- meeting was canceled by the White Senator from New Jersey. fused to answer specific questions House Office of Legislative Affairs Before I do that, I wish to say very about his June 10, 2009, conversation without further explanation. quickly—and I am not going to make with Mr. Walpin. He would only say By calling off a face-to-face meeting all my comments right now—to my that he disagreed with certain aspects in favor of a recess appointment, the colleague from Iowa, first of all, I have of Mr. Walpin’s account without speci- White House sent the message that the great respect for his diligent approach fying which aspects. President is not interested in hearing to these issues. He has been tremen- Word games and evasiveness of that the concerns of Republican Members of dously receptive to a continuing dia- sort are incompatible with being a can- Congress. log. I express my gratitude to him for did and forthcoming witness and ought Once he had his recess appointment, that. When asked, he met with Ambas- to be incompatible with a person rep- Mr. Eisen did not seek to meet with me sador Eisen, and he certainly listened resenting the United States as an am- or my staff again until that appoint- to the facts as they were presented by bassador. My reasons for opposing his ment was about to expire at the end of others who have a different point of nomination also include all of the this year. Only then did he apologize view. other circumstances surrounding the and admit that the statements in his Obviously, every Senator here always way Mr. Eisen handled Mr. Walpin’s re- staff interview were not accurate. Re- does draw their own conclusions. First, moval. member, our President, at the time of I thank Senator GRASSLEY for his will- Mr. Eisen’s attempt to force the in- his inauguration, made a commitment ingness to agree to have these votes spector general to resign with a 1-hour to be the most transparent of any ad- that we will have today and to move ultimatum would have amounted to a ministration in our history. forward with some resolution with re- constructive removal. It would have In summary, Mr. Eisen took action spect to this nomination. evaded the congressional notice re- on behalf of the President that ran I understand he has chosen to oppose quirement if he had been successful. afoul of the Inspector General Reform the nominee. I simply say to him, and However, Inspector General Walpin re- Act. Mr. Eisen only listened to the I think to others, sometimes in these fused to resign and even filed lawsuits agency’s complaints about the inspec- processes, sometimes in the questions to try to keep his position. He did not tor general rather than conducting a for the record, as we call them, where win his lawsuit because ultimately the fair, thorough, and responsible inves- people submit written questions, and White House did comply with the tech- tigation, and then he misled congres- even in the interviews, there are nical requirements of the 30-day notice sional investigators about his review miscommunications, misinterpreta- provision. and about the true basis of the Presi- tions, and misstatements that are not After the controversy erupted, the dent’s decision to fire the inspector intentional and not meant to somehow inspector general was placed on admin- general. He admitted in this letter to mislead or deceive somebody. istrative leave until 30 days after the me that he provided inaccurate infor- I simply say to the Senator that I second more detailed notice to Con- mation but claimed it was uninten- know he has met with Ambassador gress. tional. Eisen and we have now heard why he

VerDate Mar 15 2010 07:27 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S12DE1.REC S12DE1 bjneal on DSK2TWX8P1PROD with December 12, 2011 CONGRESSIONAL RECORD — SENATE S8479 intends to vote no. I am convinced sev- ministration in 2001. She has served as As a result of her negotiating skills, eral different individuals and entities a director at the National Council of the United States and El Salvador will have thoroughly investigated and ex- LaRaza and the Puerto Rican Legal open a new joint electronic monitoring amined the removal of Inspector Gen- Defense and Education Fund. She has center—jointly funded, by the way— eral Walpin, and they have found there presided over the Hispanic Bar Associa- that will be an invaluable tool in fight- was no wrongdoing. The Foreign Rela- tion of the District of Columbia and ing transnational crime. tions Committee looked into it in con- the Hispanic National Bar Association. This is a record of success. It is a junction with the consideration of this She has excelled in her field, and she record of honor. It is a record of diplo- nomination, and the Homeland Secu- has won the respect of her colleagues matic and political distinction. It is rity Committee examined this issue. It and the diplomatic community. the record of a dedicated, qualified, ex- was, in fact, litigated in Federal dis- Let’s look at the record. Nearly 2 perienced, and engaged American dip- trict court and before the DC Circuit years ago, I chaired the nomination lomat—a 15-month record that brought Court. None of these entities—not hearing for Ambassador Aponte to our nations together and pursued our one—found that either the President serve as President Obama’s Ambas- interests. What more could we ask? somehow acted wrongly or illegally or sador in San Salvador. At that time, What more should we ask? Having said that, because of my inappropriately in connection with the one of my Republican colleagues ob- strong belief that Ambassador Aponte removal of Mr. Walpin from the office. jected to her nomination because he is fully and uniquely qualified for this To the contrary, the U.S. district was not given access to her FBI file to post, during the last several months, I court specifically rejected Mr. Walpin’s review information about a personal worked with the distinguished chair- claims that he was improperly removed relationship Ambassador Aponte had man, Senator KERRY, to find a way— with a Cuban national some 20 years from this position, and they dismissed despite committee precedent—to allow his lawsuit. ago. an additional Republican on the For- Pursuant to precedent, one Democrat Our friends, Senator LIEBERMAN and eign Relations Committee to review and one Republican reviewed that file. Senator COLLINS, both of whom enjoy the Ambassador’s FBI file. As a result, I was the Democrat. There was nothing strong reputations for integrity within not one but two Republicans—my col- in the file to substantiate the concerns the Senate, stated their belief, as rank- league and friend from Florida, Mr. ing and chair of the Homeland Security raised by my colleagues. RUBIO, and the Senator from South Committee, that the President met the On this issue, I take a backseat to no Carolina, Mr. DEMINT—were able to re- one when it comes to promoting de- letter and spirit of the Inspector Gen- view her file. Since the concern had mocracy in Cuba and opposing the Cas- eral Reform Act. been not having access to the file, we I do believe there was some miscom- tro regime or anybody who sym- presumed that once they were re- munication. I have talked to the Sen- pathizes with such a despotic regime. I viewed, they would lift their objections ator from Iowa about it. I think it was certainly would never, for a moment, and allow a vote on her nomination. unfortunate, and I wish it had been let down my guard when it comes to Why? Because there is nothing in that cleared up earlier. I believe it was that regime. file that would indicate otherwise. But genuinely a miscommunication, not an I can assure every colleague on both we were wrong. It wasn’t about the file. intentional act, and I appreciate the sides of the aisle that if I had any con- That appeared to just be a delay tactic. fact that Mr. Eisen has apologized to cern that Ambassador Aponte would The opposition to Ms. Aponte’s nomi- Senator GRASSLEY for his sense of that let her guard down or had any ques- nation turned out to be about one miscommunication—the difference be- tionable relationship with a Cuban na- thing and one thing only; that is, poli- tween review and removal and a sense tional or if there was any relationship tics. Our good-faith effort to provide of what may have happened in the of the Castro regime in her back- full access to information and address course of that. ground, I would not be supporting her concerns about Ms. Aponte was sum- I also appreciate Senator GRASSLEY’s today. marily dismissed. willingness to look beyond that and to This is a respected American dip- lomat who has been on the job and has At her nomination hearing in Novem- enforce his principles, as he is privi- ber, Republican members of the com- served this Nation with distinction. In leged to do as an individual Senator, mittee raised a new concern—an edi- the 15 months since Ambassador but also to allow the Senate to try to torial penned by Ambassador Aponte Aponte was sworn in as U.S. Ambas- do its work today. on tolerance and nonviolence during sador to El Salvador during a recess I will say a few words about Mr. Gay Pride Month in June. Republicans Eisen and the job he is doing. He is appointment, she has impressed the decried it as disregarding Salvadoran doing an outstanding job in Prague on diplomatic establishment with her pro- culture and questioned her motives for our behalf. fessionalism and won the respect of writing the editorial, despite the fact First, the Senator from New Jersey parties both right and left in El Sal- that this editorial was the result of a is here to speak about a different nomi- vador. She has won the respect of civil- cable edict to all embassies from the nee. I will yield up to 10 minutes to the ian and military forces. She has won State Department urging missions to Senator from New Jersey. the respect of the public and private write editorials during these events. The PRESIDING OFFICER. The Sen- sector. She has won everyone’s support The true irony of this trumped-up al- ator from New Jersey. and fostered a strong U.S.-Salvadoran legation is that the editorial, which Mr. MENENDEZ. Mr. President, I bilateral relationship that culminated Republicans assert ‘‘stirred con- thank the chairman for yielding. I have with President Obama announcing El troversy and was rebuked throughout come to the floor to address the nomi- Salvador as only one of four countries Latin America,’’ mirrored a May 2010 nation of an extraordinary woman—a in the world, and the only country in decree by Salvadoran President Funes qualified, talented Latina—to be the Latin America, chosen to participate prohibiting discrimination by the Gov- U.S. Ambassador to El Salvador. in the Partnership for Growth Initia- ernment of El Salvador based on sexual Unfortunately, some of my Repub- tive. orientation. lican colleagues have made Ambas- Most important, Ambassador Aponte So let’s be honest, there is no ques- sador Mari Carmen Aponte a target of has been an advocate for American na- tion about Ambassador Aponte’s quali- inside-the-beltway politics, where the tional security and democratic values. fications or performance on the job or political points gained from bringing As a result of her advocacy, El Sal- about whether an editorial on toler- down an administration’s nominee su- vador is again a key ally in Central ance is grounds for sacking an ambas- persedes the value gained from having America, and its troops are the only sador. This is just another Republican a superior ambassador, promoting and ones from a Latin American country dog and pony show to undermine the guarding American interests at a crit- fighting alongside American troops in President’s policy objectives and at- ical time. both Iraq and Afghanistan. tack a qualified Democratic nominee Born in Puerto Rico, Ambassador Ambassador Aponte has consistently to an essential post. Aponte became the executive director fought efforts by Cuba and Venezuela When the facts, when the files—when of the Puerto Rico Federal Affairs Ad- to gain influence in Central America. there was nothing that corroborated

VerDate Mar 15 2010 07:27 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S12DE1.REC S12DE1 bjneal on DSK2TWX8P1PROD with S8480 CONGRESSIONAL RECORD — SENATE December 12, 2011 the vicious allegations about Ms. crats have voiced complaints recently Obama administration has rebuffed our Aponte’s past, those on the other side about Senate Republicans’ supposed requests related to Ms. Aponte’s past. argued that her editorial on the elimi- obstruction when it comes to President Shortly after Ms. Aponte was first nation of prejudice was the basis for Obama’s nominees, but most of his nominated by President Obama, I, their opposition. When they learned nominees have not even been con- along with four other members of the that the Government of El Salvador tested. In fact, since Obama became Senate Foreign Relations Committee, itself supports this view, Republicans President, the Senate has confirmed wrote a letter to Secretary of State again changed their tune. Four weeks 1,198 of his nominees. Only a small Hillary Clinton asking for her assist- after her November 29 nomination fraction of these nominees have been so ance in obtaining this information. hearing on the eve of the Foreign Rela- controversial that they have been That same month, all eight Republican tions Committee business meeting, blocked by the Senate. members of the committee wrote to these Members decided they wanted to As a Member of the Senate, I take Senate Foreign Relations Committee attack from a different angle. They the Senate’s constitutional duty to chairman JOHN KERRY stating that called for a new classified hearing to provide advice and consent to the committee members had not received vet her nomination, to permit ques- President regarding his nominees seri- requested information needed to fully tions to FBI and diplomatic security ously. While the overwhelming major- vet the nominee. investigators about whether they had ity of nominees are easily confirmed, Let me remind everyone that we been subjected to political interference some do rise to such a level that fur- never received that information. Ms. for determining that Ambassador ther debate and scrutiny are required Aponte was recess-appointed by the Aponte was eligible for a security by the Senate. Ms. Aponte is one of Obama administration later that sum- clearance. these nominees. mer. We have continued our efforts to I find it pretty appalling that Mem- This is not the first time the Senate work with the administration to get bers of the Chamber would essentially has considered confirming Ms. Aponte access to this information. Chairman suggest without evidence that profes- for an ambassadorship. She was first KERRY was able to convince the White sional FBI and diplomatic security nominated by former President Clinton House to allow me to see a summary of members would bend to political pres- in 1998 to be the Ambassador to the Do- the diplomatic security background in- sure or that any administration would minican Republic. At the time, Senator vestigation; however, that summary apply such pressure, risking U.S. na- Jesse Helms, who was chairman of the did not address the fundamental ques- tional security, on behalf of any per- Foreign Relations Committee, learned tions that have arisen, and that sum- son. Those Members knew that the of possible background issues and con- mary left me with more questions than content and timing of their request cerns by investigators relating to Ms. answers. would make it impossible to fulfill. To Aponte’s ties to Cuban intelligence. Committee Republicans wrote an- his credit, the chairman of the com- Primarily, the question centered other letter to Chairman KERRY about mittee, Senator KERRY, over the last around the 12-year romantic relation- our concerns last month. In the letter, several weeks has nonetheless sought ship she had with a man who was tar- we said: to resolve the situation. In fact, there geted as part of an FBI counterintel- We recognize the need to balance highly has been an offer made to Senator ligence investigation and allegedly sensitive materials during the confirmation process. However, we believe that in this par- DEMINT to go over the whole essence of worked for Cuba’s spy agency. A high- ranking Cuban defector claimed that ticular case, the scope of the background re- the background of the diplomatic secu- view was not appropriately complete. rity clearance. Cuban intelligence tried to recruit Ms. The shifting basis of the opposition Aponte to be a spy for the Cuban Gov- We went on to say: to Ambassador Aponte reveals, to me ernment. Rather than discuss her past The background summary that was pro- at least, that the motive for this oper- relationship, Ms. Aponte withdrew her vided was based on an updated investigation, but it did not encompass numerous allega- ation is pure partisan politics, driven nomination, and it was filled by some- tions that the initial background investiga- by pure partisan interest, fueled by a one else. tion in 1998 was tainted by political inter- pure partisan desire to derail an ad- Eventually, Ms. Aponte was given a ference. News reports and other sources al- ministration nominee for the sake of top security clearance by the State De- leged that Ms. Aponte received security derailment alone, without any regard partment despite what some have de- clearance despite objections from career offi- for the consequences for American for- scribed as serious objections from ca- cials due to outside pressure. However, these eign policy or for the Nation. reer officials. allegations and the circumstances sur- I have seen this Ambassador. She has When President Obama nominated rounding them were not part of the current background investigation. Without addi- succeeded beyond anybody’s wildest ex- Ms. Aponte in March of 2010 to be Am- bassador to El Salvador, Republicans tional information, Senators have no way of pectations in a country that has dra- determining the validity of media stories matically turned the course of events asked for more information to address and rumors that have been circulating about in a way we want to see it. I urge my the allegations that had previously this nominee’s past. colleagues to support Ambassador surfaced—namely, information about We also asked for a closed hearing Aponte’s nomination. I urge them to the scope of the 1998 investigation, in- due to these lingering issues. We wrote: put partisan politics aside, recognize cluding an update to that file; second, We believe that the circumstances warrant the benefits to America’s security and information about the Cuban defector additional committee review in the form of a foreign policy interests that her tenure who was handled by the CIA who pub- closed hearing. A closed hearing would allow has delivered, and allow Ambassador licly alleged that Cuban intelligence Senators to review and discuss the classified Aponte to continue serving our Nation. had attempted to recruit Ms. Aponte and sensitive data relevant to the nomina- With that, I yield the floor, and I through her longtime live-in boyfriend; tion and discuss the unresolved issues with yield back to the chairman any time I and third, information about the FBI’s investigators and relevant intelligence com- counterintelligence investigation that munity officials. As the issue involved both may not have consumed. a high-ranking Cuban defector and FBI coun- The PRESIDING OFFICER. The Sen- led to Ms. Aponte’s refusal to take a lie terintelligence investigations, a closed hear- ator from South Carolina. detector test in 1994, as requested by ing would be the most beneficial format Mr. DEMINT. Mr. President, I rise the FBI. Serious questions, honest available to the committee to rectify the de- today to express my opposition to the questions. ficiency of information provided. nomination of Mari Carmen Aponte to Instead of allowing Senators to ac- Senator KERRY declined to hold a be Ambassador to El Salvador. Her cess that information and alleviate our closed briefing and wrote a letter back confirmation has been unanimously op- concerns, President Obama went stating: posed twice by all Republicans on the around the Senate and granted Ms. In my view the process we have followed Senate Foreign Relations Committee, Aponte a recess appointment in August with regard to Ms. Aponte’s nomination has and for good reason. of 2010. For nearly a year and a half, afforded committee members ample time and Before I discuss Ms. Aponte, I would Republicans have been continually de- opportunity to consider her nomination and like to clarify some facts about the nied access to Ms. Aponte’s full FBI secure answers to any relevant questions. nomination process. Several Demo- record and other information, as the He also said:

VerDate Mar 15 2010 07:27 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S12DE1.REC S12DE1 bjneal on DSK2TWX8P1PROD with December 12, 2011 CONGRESSIONAL RECORD — SENATE S8481 We should all be in a position now to de- Eisen and his wife and children are we oversee the IGs. Senator COLLINS bate Ms. Aponte’s nomination on its merits. members of that synagogue, so I have and I have gone over this. And with re- Senator KERRY then offered to work gotten to know them in a totally non- spect to Senator GRASSLEY, who has with my office further to get answers political, nondiplomatic way. Based on been very thorough and fair about this from the administration. I believe he that, I start with a real appreciation of and is probably the leading protector did work in good faith with our office, this fine, honorable, public-spirited and defender of the IGs in the Senate, but in the end the White House once man. in the matter that bothers him, there again denied our requests for informa- He happened to have gone to law was a misunderstanding. There was tion. school with President Obama. I think not, in my opinion, after looking at While I would agree with Senator as a result of that the President knew this very thoroughly, an intentional KERRY that there has been ample time him and asked him to be the ethics act of deceit. There was a misunder- spent on Ms. Aponte’s nomination, we counsel in the White House in the first standing, and Ambassador Eisen has still lack critical information. The years of the administration. I think now apologized for that misunder- Senate cannot in good faith confirm a anybody you talk to, or most anybody standing of stating unintentionally an nominee who has repeatedly refused to you talk to, about his performance in inaccuracy. answer simple necessary questions re- that job would say he did an excellent So on one side of the scales of justice, lated to her past. job. He was demanding ethically and you have all these extraordinary In addition to questions about her intellectually. His honor and his quest positives and on the other a question past, Ms. Aponte’s current judgment is to have the government and those who raised about this one case he handled, also in question. In her recess-ap- serve in government act in an honor- which Senator GRASSLEY and others pointed capacity as Ambassador to El able way is very high. working for him say was deceitful. Am- Salvador, Ms. Aponte has inflamed ten- When there was a vacancy in the po- bassador Eisen says it was a misunder- sions in the very country where she sition of Ambassador to the Czech Re- standing, for which he apologizes. should be improving diplomatic rela- public, President Obama asked Norm To me, it is not only in the interest tions. Her decision to publish an opin- Eisen if he would serve. And the Presi- of the United States but also in the in- ion piece hostile to the culture of El dent did something that really had a terest of fairness and justice—with Salvadorans presents even more doubts lot of meaning to it. Apart from Nor- which we like to believe we conduct about her fitness for the job. This op-ed man’s quite considerable resume as a our proceedings here—that the Senate upset a large number of community private attorney, being successful and today cross party lines and confirm the and pro-life groups in El Salvador who highly regarded and very effective, nomination of Norm Eisen to be Am- were insulted by Ms. Aponte’s rhetoric. Norm Eisen is the child of survivors of bassador to the Czech Republic. A coalition of more than three dozen the Holocaust. His mother was actually Mr. CASEY. Mr. President, I stand in groups has since written the Senate born in the Czech Republic. So what a support of Norman L. Eisen’s appoint- asking its Members to oppose Ms. remarkable moment for President ment to be Ambassador to the Czech Aponte’s confirmation. I quote from Obama to ask him to return to the Republic. It is with great confidence in their letter, in which they wrote: country from which his family was es- Ambassador Eisen’s skill, qualifica- We respectfully request that Ms. Aponte be sentially chased—and some worse—in tions, and record that I support this ap- removed from post as soon as possible so the position as Ambassador of the pointment. Ambassador Eisen will that El Salvador may enjoy the benefits of greatest country in the world, the su- greatly advance U.S.-Czech relations having a person as a government representa- perpower of the United States of Amer- and directly benefit American diplo- tive of your noble country. ica. matic and business interests, possibly Meanwhile, Republicans on the Sen- We now have a record of his perform- helping to create 9,000 jobs in the Com- ate Foreign Relations Committee are ance in that position. There was a monwealth of Pennsylvania and else- still trying to get access to informa- problem with the nomination before, where in America. tion about Ms. Aponte’s past. Two days raised by Senator GRASSLEY at that Ambassador Eisen was first nomi- ago, the White House again denied Sen- time, and so he was a recess appoint- nated to be Ambassador to the Czech ators the right to be briefed or review ment. But now he has been there, and Republic on June 29, 2010. He was given information relevant to this nomina- he has done an extraordinary job. I a recess appointment on December 29, tion. know from conversations with people 2010 and has served with distinction as Senators should not be forced to vote in Prague that he is very highly re- Ambassador in Prague since that time. on a nominee without a complete un- garded by the leadership of the Czech Ambassador Eisen is highly qualified derstanding of her background. I urge Republic. An extraordinary, bipartisan and suited for this post. He speaks you to join us in voting against clo- group of foreign policy experts has also Czech, knows and respects Czech cul- ture. endorsed his confirmation. ture, and understands the country’s Mr. President, I reserve the remain- It would actually be extremely dis- history in a deeply personal way. His der of the Republican time. How much ruptive if we did not confirm Norm mother was born in the former Czecho- time remains? Eisen in terms of our relations—diplo- slovakia and survived Auschwitz. The The PRESIDING OFFICER. Ten sec- matic, economic, security relations— State Department notes that the Am- onds. with the Czech Republic, which are so bassador resides in the former Nazi Mr. DEMINT. That is pretty good important. General Staff Headquarters, where he timing. So I think if you were considering and his family now celebrate the Sab- I thank the Chair, and I yield back. this nomination and put the various bath in the same room where Nazis Mr. KERRY. Mr. President, I yield 4 arguments on the scales of justice, on dined 70 years ago ‘‘a powerful Czech- minutes to the Senator from Con- one side you have a record of public American message about the triumph necticut. service, of honor, of great family val- of good.’’ The PRESIDING OFFICER. The Sen- ues, of intellectual excellence, of belief Accompanying his strong multicul- ator from Connecticut. in public service, of a great record now tural qualifications is Ambassador Mr. LIEBERMAN. I thank my friend in the time he has been in Prague as Eisen’s quintessentially American per- from Massachusetts, and I rise, Mr. our Ambassador. On the other side, you sonal history. He was the first in his President, to speak in support of the have a question about how Norman, family to graduate from high school, nomination of Norm Eisen to be Am- while he was in the White House as college, and law school—all with hon- bassador to the Czech Republic. ethics counsel, handled the case of this ors. He had a long and successful prac- I know Norm in a very personal ca- one individual inspector general at the tice as a private attorney at a major pacity, so I feel very strongly about Corporation for National and Commu- D.C. law firm; founded a government this nomination. Since I was fortunate nity Service. watchdog group, and served in the to be elected to the Senate and came to I have been over this in great detail. White House for two years—2009–10—as Washington in the late 1980s, I joined a In our Governmental Affairs part of Special Assistant and Special Counsel synagogue in Georgetown, and Norm the Homeland Securities Committee, to the President. This history prepared

VerDate Mar 15 2010 07:27 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S12DE1.REC S12DE1 bjneal on DSK2TWX8P1PROD with S8482 CONGRESSIONAL RECORD — SENATE December 12, 2011 Norm Eisen to be a successful ambas- that ‘‘Ambassador Eisen’s efforts have Czech Republic and he has, by sador representing American interests, contributed to progress in fighting cor- everybody’s measure, deepened that culture, and values abroad. ruption and his continued presence in partnership on key national security Ambassador Eisen’s track record as Prague is vital to help maintain that interests, and he has been a key sup- Ambassador to the Czech Republic trend.’’ porter of American economic interests. speaks for itself. Since assuming his Ambassador Eisen has earned the re- He has aggressively backed the Wes- post, Ambassador Eisen has ensured spect and trust of Czech leaders and tinghouse Company’s pursuit of a $27 the U.S. can look to the Czech Republic senior officials. In the words of Defense billion contract to construct civilian as a partner troop-contributing nation Minister Alexandr Vondra, who for- nuclear reactors in the Czech Republic, in Afghanistan, opponent of human merly served as the Czech Ambassador and that would mean thousands of jobs rights violations by Iran, and an ally in to the U.S.: ‘‘Norm Eisen is one of the here in the United States. The Cham- the European Union and at the United most energetic, optimistic ambas- ber of Commerce has called him one of Nations on important issues such as sadors I have ever seen. The bilateral the most effective ambassadors to hold Israel. U.S.-Czech relationship needs him.’’ this post. He has assisted the Czech Due to Ambassador Eisen’s efforts, It is clear that Norm Eisen has ex- Government with its plans to develop a the defense relationship between the celled at the duties entrusted to him as center for nuclear safety in Prague, U.S. and the Czech Republic is at an the U.S. Ambassador to the Czech Re- and he has been an eloquent advocate historic high point. He has been an elo- public, and I fully support his appoint- of urging Prague to retain the 600 sol- quent advocate in urging Prague to re- ment. diers they have sent from the Czech tain the 600 soldiers it has sent to Af- I thank the Chair. Republic to Afghanistan, making it one ghanistan, making it one of our most Mr. KERRY. I thank the Senator. I of our most supportive NATO allies. He supportive NATO allies. The National yield 2 minutes to the Senator from has supported the Czech Government’s Review notes that during Ambassador New Hampshire. efforts to pool defense resources with Eisen’s tenure, ‘‘defense ties with the The PRESIDING OFFICER. The Sen- neighbors, and he has supported and Czech Republic have broadened and ator from New Hampshire. enhanced the Czech efforts to establish deepened.’’ Mrs. SHAHEEN. I rise also to speak a NATO Center of Excellence for heli- Energy and technology developments in support of the confirmation of Norm copters. have also strengthened the relationship Eisen to be U.S. Ambassador to the Finally, he has enthusiastically sup- between our two nations during Am- Czech Republic. ported the Czech leadership’s efforts to bassador Eisen’s tenure. He assisted In the year since his recess appoint- promote the stabilization and democra- the Czech government to develop a ment to this position by President tization of six states between the EU Center for Civilian Nuclear Safety in Obama, Ambassador Eisen has proven and Russia—Ukraine, Georgia, Belarus, Prague that would build on efforts to to be a strong advocate for the United Armenia, Moldova, and Azerbaijan. ensure the safety of radiological mate- States. He has brought a renewed focus I think that in every respect Ambas- rials. Of special importance to Penn- to our defense relations with the Czech sador Eisen has earned the respect of sylvanians, Ambassador Eisen has Republic, resulting in an expansion of the Senate. He understands the culture worked in support of Westinghouse’s our bilateral and NATO military co- of the Czech Republic. He speaks the efforts to provide civilian nuclear reac- operation, and the Czech Republic has language, which is a critical asset for tors in the Czech Republic. Westing- increased its troop contribution in Af- our ambassadors in any country in any house employs over 6,000 Western ghanistan and strongly supported part of world. And as was mentioned by the Senator from Connecticut, he is Pennsylvanians and over 9,000 Ameri- international efforts on Iran and the the son of a Holocaust survivor from cans in other areas of the country. U.S. policy on Israel with the EU and the former Czechoslovakia and, believe A successful Westinghouse bid in the the United Nations during his tenure. Czech Republic would create an esti- As Chair of the Senate Foreign Rela- me, he understands the history of that part of the world and that country in a mated 9,000 direct and indirect high- tions Subcommittee on European Af- very personal way. paying U.S. jobs over the next 5 years. fairs, I had the privilege of chairing I might also comment that the coun- These jobs will be not only in western both of Ambassador Eisen’s nomina- try’s leaders trust him. National Re- Pennsylvania, but also in States em- tion hearings. Throughout the nomina- view this week said that his efforts ploying hundreds of high-tech nuclear tion process, he has demonstrated a have been publicly recognized by innu- energy industry workers, such as Con- strong understanding of the complex- merable Czech officials, including the necticut, Minnesota, New Hampshire, ities of our relationship with the Czech leading transatlanticists: Prime Min- South Carolina, and Utah. Republic, a drive to fully represent ister Petr Necas, Foreign Minister The American Chamber of Commerce American interests and values, and a Karel Schwarzenberg, and Defense Min- has noted that Ambassador Eisen’s special humility in having the oppor- ister Sasha Vondra. ‘‘presence in the country has been and tunity to represent the United States. I hope our colleagues today will rec- will be essential to our common efforts I would hope that all of our col- ognize that he is exactly the right per- to advance the interests of U.S. busi- leagues in the Senate this evening will son we need in Prague at this time. ness’’ and has ‘‘invigorated our com- join us in supporting Norm Eisen to be Now let me speak, if I may, to Am- munity and . . . expanded their export the Ambassador to the Czech Republic. bassador Aponte. possibilities, which should add much The PRESIDING OFFICER. The Sen- I would hate to see the Senate take needed jobs in the U.S. manufacturing ator from Massachusetts. this good person and make her a part sector.’’ Mr. KERRY. Mr. President, I thank of the political back and forth that has In addition to defense, energy, and the Senator from New Hampshire very consumed this city and to deny her the business developments, Ambassador much. I know she cut her time a little right to the full appointment as ambas- Eisen has championed causes impor- bit because we are getting toward the sador, given the outstanding job she tant to both Americans and Czechs. end of these comments with respect to has done in that capacity. Having founded a watchdog group and the nominees and to the vote. Let’s talk about the accomplish- worked on ethics and government re- Likewise, I haven’t said anything ments, rather than talk about some- form in the White House, Ambassador about either nominee, and I want to thing from 1990 that, frankly, has been Eisen is strongly qualified to help the say a couple words about each, if I can, vetted several times not just by the Czech Republic address corruption. He and I want to specifically answer a cou- committees in her appointments but by helped launch the first ever ‘‘World ple points made by the Senator from the professionals in the national secu- Forum on Governance’’ in Prague, at South Carolina with respect to Mari rity establishment of the United States which 100 Czech, U.S., and inter- Aponte. who have three times—not once but national anti-corruption champions First, with respect to Norm Eisen. He three times—given her national secu- met to develop innovative new solu- has been an extraordinarily effective rity clearances at the highest level. tions. The head of Transparency Inter- Ambassador for the United States in It seems to me we should recognize national in the Czech Republic has said terms of our relationship with the that she has done a spectacular job of

VerDate Mar 15 2010 07:27 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S12DE1.REC S12DE1 bjneal on DSK2TWX8P1PROD with December 12, 2011 CONGRESSIONAL RECORD — SENATE S8483 negotiating an agreement with the Sal- puzzling. And carrying out an inves- Committee—Senators Menendez and Bar- vadoran Government to open a new tigation of the FBI is no small matter. rasso—to review Ms. Aponte’s background jointly funded electronic monitoring To suggest that on the several occa- investigation in advance of her confirmation hearing. The White House provided those center to fight transnational crime. sions she has received a top secret briefings in March 2010. At that time, Sen- She has helped secure the deployment clearance somehow the FBI or the CIA ator DeMint made his first request to be of Salvadoran troops to Afghanistan— or some other entity in our intel- briefed on the background investigation de- the only country in South America and ligence community bent under polit- spite standard practice limiting that review Latin America to be doing so, and I ical pressure is insulting to them. And to only two members of the Committee. Ac- think that is no small accomplishment. believe me, if that were true, we would cordingly, Mr. Bauer denied the request. It is clear she has gained the respect of have been reading about it on the front Earlier this year, as the Committee consid- ered Ms. Aponte’s nomination for the second the Salvadoran Government. pages of the Washington Post or New time, the Committee made the unusual re- The Foreign Relations Committee York Times or all the papers a long quest to have the background investigations has received many letters in support of time ago. made available for re-inspection. The White her nomination, including one signed Let me recap. The background file House in good faith accommodated this re- by eight former foreign ministers and was reviewed on November 3. No re- quest. Senator Lugar designated his review 18 members of the Salvadoran Con- quest for a closed hearing. Not during to Senator Rubio, and you allowed Senator gress. the November 8 nomination hearing Menendez to designate your review to Sen- We heard the Senator from South was there a request for a closed hear- ator DeMint. The White House provided the briefing to Senator DeMint on November 3, Carolina a few moments ago say that ing. Not in the written request on No- and to Senator Rubio on November 7. De- he wanted somehow to get additional vember 15 for a holdover was there a spite this briefing, during the November 29 information. I think the Senator from request for a closed hearing. And even Committee Business Meeting, Senator South Carolina knows I have bent over after the Foreign Relations Committee DeMint stated that he still had questions re- backward to try to help provide that voted out this nomination, I bent over garding Ms. Aponte’s background investiga- information. backward to try to help Senator tion. In a further display of good faith, you committed to working with the Administra- The first time she was nominated, DEMINT be able to get the answers to tion to address Senator DeMint’s concerns. two members of our committee were his questions, and the White House said To this end, the White House has worked in permitted to look at the FBI report, they would make available to him a close coordination with the State Depart- and we designated Senator MENENDEZ briefing at the time of his choosing. ment to arrange an additional briefing for and Senator BARRASSO. They looked at That request was never responded to. Senator DeMint. The proposed briefing it, and there was nothing in it that I ask unanimous consent to have would have been conducted by Under Sec- struck either of them as restraining printed in the RECORD the letter from retary Pat Kennedy, Assistant Secretary of people from being able to vote for her. the White House Director of Legisla- Diplomatic Security Eric Boswell, and Don- Then she was a recess appointment, ald Reid, who is Senior Coordinator for Secu- tive Affairs. rity Infrastructure at the Bureau of Diplo- because Senator DEMINT at that time There being no objection, the mate- matic Security. These three career State De- objected to the nomination. And subse- rial was ordered to be printed in the partment officials share the ultimate respon- quently, with this nomination now, we RECORD, as follows: sibility for conducting background inves- were again appointing two people to THE WHITE HOUSE, tigations of candidates for Ambassadorial see the FBI record. On this occasion we Washington, DC, December 9, 2011. positions and issuing security clearances for bent the rules, and both Senator RUBIO Hon. JOHN F. KERRY, such officials. Senator DeMint has to date declined this proposed briefing. and Senator DEMINT were allowed to Chairman, Senate Committee on Foreign Rela- tions, U.S. Senate, Washington, DC. We are confident that the extraordinary look at the FBI record. steps that we have taken in this case have Subsequent to that we went through DEAR CHAIRMAN KERRY: I write to update you on our efforts to provide background in- afforded Committee members the ability to a process of trying to schedule the formation to members of the Senate Foreign thoroughly evaluate Ms. Aponte’s nomina- nomination. Senator LUGAR and I had Relations Committee in connection with tion. Yet every accommodation has been met agreed we would try to do so. So Sen- their review of the nomination of Mari Car- with a new demand. We are not prepared to ator DEMINT reviewed the background men Aponte to be Ambassador to El Sal- make further briefings beyond what has al- ready occurred and been offered. We appre- file on November 3; Senator RUBIO re- vador. Ms. Aponte was originally nominated ciate your continued work on the timely viewed it on November 7. Her nomina- for this post in December 2009, and later re- cess appointed in August 2010. She was re- consideration and confirmation of Adminis- tion hearing was held on November 8, tration nominees. Please let me know if I and her nomination was put on the nominated to this position in February 2011. Before detailing our most recent efforts to can provide additional information. agenda for the November 15 committee provide information to the Committee, we Sincerely, business meeting. The day of that busi- believe it is useful to describe our standard ROBERT L. NABORS II, ness meeting—not before it—the day of practice in this area and detail the substan- Assistant to the President and the meeting, I received a request that tial steps that have been taken to date. As Director of the Office of Legislative Affairs. her nomination be held over until the you know, it has been the practice, for many The PRESIDING OFFICER. The Sen- next business meeting. I honored that years and through previous administrations, ator’s time has expired. request and, indeed, we held it over. to balance between protecting highly sen- Mr. KERRY. Mr. President, fair is That same day I sent a letter to the sitive materials and accommodating a legiti- fair around here. I do not think this mate need to access relevant information nominee ought to be the victim of a members of the Foreign Relations about pending nominees. In this case, we Committee saying that the next busi- prolonged delay process. She has done have pushed that balance far in the direction the job well. She deserves to be sent ness meeting would be rescheduled for of disclosure to several Committee members. 2 weeks later, which was the Tuesday It is the standard practice of the White back. I hope colleagues will not fili- after Thanksgiving, November 29. House to make background investigations of buster her nomination today. Then late in the Thanksgiving recess, nominees before your Committee available, CLOTURE MOTION I received a letter asking that it be de- upon request, for review by the Chair and The PRESIDING OFFICER. Under ferred indefinitely. The stated reason Ranking Member, or their designees, only. the previous order, pursuant to rule Former Counsel to the President, Robert F. XXII the clerk will report the motion was to permit the committee to hold a Bauer, explained the basis for this long- closed-door hearing in which we could to invoke cloture. standing practice in a March 17, 2010 letter The assistant legislative clerk read examine whether the FBI properly con- to Senator and Committee Ranking Member ducted its investigation relating to Ms. Lugar, ‘‘[o]ver many years and multiple Ad- as follows: Aponte—not for her nomination now, ministrations, this policy has successfully CLOTURE MOTION not for her nomination a few months struck the appropriate balance between pro- We, the undersigned Senators, in accord- ago or last year, but looking into what tecting the confidentiality of highly sen- ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move the FBI did or didn’t do in the 1990s. sitive materials and accommodating the Senate’s legitimate need to access relevant to bring to a close debate on the nomination I understand that everybody is busy. information about pending nominees.’’ of Norman L. Eisen, of the District of Colum- We all have a lot to do around here. In 2010, when Ms. Aponte’s nomination was bia, to be Ambassador Extraordinary and But to wait until the 11th hour to ask first under consideration, both you and Sen- Plenipotentiary of the United States of for a hearing of that sort is, frankly, ator Lugar designated other members of the America to the Czech Republic.

VerDate Mar 15 2010 07:27 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S12DE1.REC S12DE1 bjneal on DSK2TWX8P1PROD with S8484 CONGRESSIONAL RECORD — SENATE December 12, 2011 Harry Reid, Barbara Boxer, Patrick J. Toomey Udall (NM) Webb can make a good decision. But there Leahy, Patty Murray, Richard J. Dur- Udall (CO) Warner Whitehouse was never an offer to do that. We had bin, Kent Conrad, John D. Rockefeller NAYS—16 offers of low-level folks to come talk IV, Jeff Bingaman, Tim Johnson, Dan- Barrasso Grassley Roberts only to me, not to Republicans on the iel K. Inouye, Debbie Stabenow, Robert Boozman Johanns Rubio P. Casey, Jr., Max Baucus, Charles E. committee. But there are enough ques- Cochran Johnson (WI) Vitter tions here for honest answers, and we Schumer, John F. Kerry, Mark Udall, Crapo McConnell Wicker Michael F. Bennet. DeMint Paul have not gotten them. The PRESIDING OFFICER. By unan- Enzi Risch I encourage my colleagues to vote imous consent the mandatory quorum NOT VOTING—14 against this nomination. The PRESIDING OFFICER. The Sen- call has been waived. The question is, Baucus Graham Mikulski Is it the sense of the Senate that de- Blunt Heller Moran ator’s time has expired. Burr Kirk bate on the nomination of Norman L. Thune Mr. KERRY. Do we have any time re- Coburn Lee Wyden maining? Eisen, of the District of Columbia, to Cornyn Merkley The PRESIDING OFFICER. No time be Ambassador Extraordinary and The PRESIDING OFFICER. On this remains. Plenipotentiary of the United States of vote, the yeas are 70, the nays are 16. CLOTURE MOTION America to the Czech Republic shall be Three-fifths of the Senators duly cho- brought to a close? Under the previous order, pursuant to sen and sworn having voted in the af- rule XXII, the Chair lays before the The yeas and nays are mandatory firmative, the motion is agreed to. under the rule. Senate the pending cloture motion, Under the previous order, the ques- which the clerk will state. Mr. KERRY. Mr. President, I ask tion is, Will the Senate advise and con- unanimous consent, before the clerk The assistant legislative clerk read sent to the nomination of Norman L. as follows: calls the roll, that before the Aponte Eisen, of the District of Columbia, to CLOTURE MOTION vote there be 2 minutes of debate. be Ambassador Extraordinary and The PRESIDING OFFICER. Is there Plenipotentiary of the United States of We, the undersigned Senators, in accord- objection? Without objection, it is so ance with the provisions of Rule XXII of the America to the Czech Republic? Standing Rules of the Senate, hereby move ordered. The nomination was confirmed. to bring to a close the debate on the nomina- The clerk will call the roll. The PRESIDING OFFICER. There tion of Mari Carmen Aponte, of the District The assistant legislative clerk called will now be 2 minutes of debate prior to of Columbia, to be Ambassador Extraor- the roll. the next vote. dinary and Plenipotentiary of the United Mr. DURBIN. I announce that the The Senator from New Jersey. States of America to the Republic of El Sal- Senator from Montana (Mr. BAUCUS), Mr. MENENDEZ. Mr. President, Mari vador. the Senator from Oregon (Mr. Carmen Aponte is an excellently quali- Harry Reid, John F. Kerry, Barbara fied Latina who is being politically dis- Boxer, Patrick J. Leahy, Patty Mur- MERKLEY), the Senator from Maryland ray, Richard J. Durbin, Kent Conrad, (Ms. MIKULSKI), and the Senator from criminated against despite a record of John D. Rockefeller IV, Jeff Bingaman, Oregon (Mr. WYDEN) are necessarily ab- accomplishment for the United States Tim Johnson, Robert Menendez, Daniel sent. in El Salvador, which is universally K. Inouye, Max Baucus, Charles E. Mr. KYL. The following Senators are recognized as extraordinary, from get- Schumer, Mark Udall, Michael F. Ben- necessarily absent: the Senator from ting Salvadoran troops to fight along- net, Al Franken. Texas (Mr. CORNYN), the Senator from side us—the only Latin American coun- The PRESIDING OFFICER. By unan- Missouri (Mr. BLUNT), the Senator from try to do so—to creating a new moni- imous consent, the mandatory quorum North Carolina (Mr. BURR), the Senator toring center to fight transnational call has been waived. from Oklahoma (Mr. COBURN), the Sen- crime. To suggest that the FBI and dip- The question is, Is it the sense of the ator from South Carolina (Mr. GRA- lomatic security would give her not Senate that debate on the nomination HAM), the Senator from Nevada (Mr. one but two top secret clearances that of Mari Carmen Aponte, of the District HELLER), the Senator from Illinois (Mr. were not merited is the ultimate insult of Columbia, to be Ambassador Ex- KIRK), the Senator from Utah (Mr. to those agencies. It is simply wrong to traordinary and Plenipotentiary of the LEE), the Senator from Kansas (Mr. use alleged nameless, faceless accusers United States of America to the Repub- MORAN), and the Senator from South to falsely impugn her reputation. lic of El Salvador shall be brought to a Dakota (Mr. THUNE). I urge my colleagues to allow an up- close? Further, if present and voting, the or-down vote on her nomination and to The yeas and nays are mandatory Senator from Texas (Mr. CORNYN) vote for cloture so we can get to that under the rule. would have voted: nay. vote to let this qualified Latina con- The clerk will call the roll. The PRESIDING OFFICER (Mr. tinue to work on behalf of the United The assistant bill clerk called the MANCHIN). Are there any other Sen- States and El Salvador as she has suc- roll. ators in the Chamber desiring to vote? cessfully done. Mr. DURBIN. I announce that the The yeas and nays resulted—yeas 70, The PRESIDING OFFICER. Who Senator from Montana (Mr. BAUCUS), nays 16, as follows: yields time? the Senator from Oregon (Mr. [Rollcall Vote No. 226 Ex.] The Senator from South Carolina. MERKLEY), the Senator from Maryland Mr. DEMINT. Mr. President, all of us (Ms. MIKULSKI), and the Senator from YEAS—70 regret when there is a situation where Oregon (Mr. WYDEN) are necessarily ab- Akaka Franken McCain one of us has to oppose a nomination of sent. Alexander Gillibrand McCaskill Ayotte Hagan Menendez a President, and 1,198 nominations Mr. KYL. The following Senators are Begich Harkin Murkowski have gone through without being con- necessarily absent: the Senator from Bennet Hatch Murray tested. But this is one that rises to the Texas (Mr. CORNYN), the Senator from Bingaman Hoeven Nelson (NE) level of concern. Missouri (Mr. BLUNT), the Senator from Blumenthal Hutchison Nelson (FL) Republicans have been asking ques- North Carolina (Mr. BURR), the Senator Boxer Inhofe Portman Brown (MA) Inouye Pryor tions about this nominee for months— from Oklahoma (Mr. COBURN), the Sen- Brown (OH) Isakson Reed in fact, much longer than that—going ator from South Carolina (Mr. GRA- Cantwell Johnson (SD) Reid Cardin Kerry back to why she refused to take a lie HAM), the Senator from Nevada (Mr. Carper Klobuchar Rockefeller detector test, why she withdrew her HELLER), the Senator from Illinois (Mr. Sanders Casey Kohl name when she was first nominated for KIRK), the Senator from Utah (Mr. Chambliss Kyl Schumer Coats Landrieu Sessions ambassador under Clinton, and why the LEE), the Senator from Kansas (Mr. Collins Lautenberg Shaheen files have not been properly updated. MORAN), and the Senator from South Conrad Leahy Shelby We have asked the White House for pri- Dakota (Mr. THUNE). Coons Levin Snowe vate meetings with the FBI and CIA to Further, if present and voting, the Corker Lieberman Stabenow Durbin Lugar Tester give us updated knowledge of what Senator from Texas (Mr. CORNYN) Feinstein Manchin happened in this circumstance so we would have voted: nay.

VerDate Mar 15 2010 07:27 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S12DE1.REC S12DE1 bjneal on DSK2TWX8P1PROD with December 12, 2011 CONGRESSIONAL RECORD — SENATE S8485 The PRESIDING OFFICER. Are there many times in their 2-week R&R period esses should be those who are fighting any other Senators in the Chamber de- between their stints in Afghanistan or this war, those with boots on the siring to vote? Iraq, and you think: Oh, my gosh. It is ground. Members of our military and The yeas and nays resulted—yeas 49, unbelievable that our military people— their families traveling on orders and nays 37, as follows: who are putting their lives on the line, in uniform should benefit from these [Rollcall Vote No. 227 Ex.] who are sacrificing so much—are hav- new rules. In a time of limited re- YEAS—49 ing to go through a procedure that does sources, the establishment of proce- Akaka Franken Murray not have a commonsense feel about it. dures to expedite the screening of a Begich Gillibrand Nelson (FL) Last week, Senator ROCKEFELLER, pool of travelers who are most cer- Bennet Hagan Pryor Senator BURR, and I introduced S. 1954, tainly our trusted travelers would bet- Bingaman Harkin Reed the Risk-Based Security Screening for ter allow the TSA to focus their atten- Blumenthal Inouye Rockefeller Members of the Armed Forces Act. The tion on areas of real threats. Boxer Johnson (SD) Sanders Brown (MA) Kerry Schumer bill was a modification of the House Earlier this year, the House passed Brown (OH) Klobuchar Shaheen companion bill that was recently Congressman CRAVAACK’s bill unani- Cantwell Kohl Stabenow passed by Representative CRAVAACK mously, just a couple of weeks ago. I Cardin Landrieu Tester Carper Lautenberg from Minnesota in a unanimous deci- hope our quick and unanimous action Udall (CO) Casey Leahy sion by the House. will allow the House to quickly recon- Udall (NM) Collins Levin It requires the TSA, the Transpor- sider the modified measure and get the Conrad Lieberman Warner Coons Manchin Webb tation Security Agency, to create a bill signed into law as soon as possible. Durbin McCaskill Whitehouse system to speed members of our uni- As we are going into this traveling Feinstein Menendez formed services through airport secu- season—we have been through Thanks- NAYS—37 rity. giving, and we are now approaching Christmas. The bill is not going to be Alexander Hoeven Portman I would also like to thank Senators Ayotte Hutchison Reid LIEBERMAN and COLLINS for their input implemented by this season. They can- Barrasso Inhofe Risch on this piece of legislation. We have all not do it in 2 weeks. But surely by the Boozman Isakson Roberts worked hard to move this bill through next holiday season, our trusted trav- Chambliss Johanns Rubio quickly, and it is the House bill we will elers, the members of our military and Coats Johnson (WI) Sessions Cochran Kyl Shelby be taking up very shortly with the their families, will be able to have this Corker Lugar Snowe modifications I have mentioned. expedited procedure. I hope that as Crapo McCain Toomey The bill establishes a timeline for the they are traveling in this year’s rush DeMint McConnell Vitter Enzi Murkowski Transportation Security Administra- through the processes to get home to Wicker Grassley Nelson (NE) tion and the Department of Defense to- their loved ones, they will know we are Hatch Paul gether to develop and implement a pro- working on something that will make NOT VOTING—14 gram to establish expedited security their lives easier and expedite their Baucus Graham Mikulski screening procedures for military per- travels while they are home on leave Blunt Heller Moran sonnel and their families. from fighting the war that is pro- Burr Kirk Thune I think we can all agree our military tecting our freedoms and our way of Coburn Lee Wyden Cornyn Merkley men and women make sacrifices for our life. Nation every day. The least we can do Mr. President, I ask unanimous con- The PRESIDING OFFICER. On this is try to make their lives a little easier sent that the Committee on Commerce vote, the yeas are 49, the nays are 37. when they travel around the country be discharged from further consider- Three-fifths of the Senators duly cho- they defend. ation of H.R. 1801 and the Senate pro- sen and sworn not having voted in the I think they have earned the right to ceed to its immediate consideration. affirmative, the motion is rejected. at least go to the head of the line or The PRESIDING OFFICER. Without The majority leader. have some kind of trusted passenger objection, it is so ordered. Mr. REID. Mr. President, I enter a status. The clerk will report the bill by title. motion to reconsider the vote by which Our Armed Forces are comprised of The legislative clerk read as follows: cloture was not invoked. over 1.4 million brave men and women. A bill (H.R. 1801) to amend title 49, United The PRESIDING OFFICER. The mo- They are stationed at more than 6,000 States Code, to provide for expedited secu- tion is entered. military bases worldwide. For all the rity screenings for members of the Armed The PRESIDING OFFICER. Under hardships they endure, I think they de- Forces. the previous order, the President will serve to be at the front of the line in Without objection, the Senate pro- be immediately notified of the Senate’s some kind of procedure that expedites ceeded to consider the bill. action. their security clearance. Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the f Airports, airlines, and TSA recognize this issue, and they want to reduce the amendment at the desk be agreed to, LEGISLATIVE SESSION delays. Currently, TSA uses the same and I urge passage of the bill, as The PRESIDING OFFICER. The Sen- screening protocols for all passengers. amended. ate will resume legislative session. The TSA has indicated that it would The PRESIDING OFFICER. Without The Senator from Texas. like to improve the process and to objection, it is so ordered. The amendment (No. 1458), in the na- move forward to risk-based screening f ture of a substitute, was agreed to, as procedures. They certainly have my follows: RISK-BASED SECURITY SCREENING support and I know that of many Mem- FOR MEMBERS OF THE ARMED bers, if not an overwhelming majority (Purpose: In the nature of a substitute) FORCES ACT in Congress, to do that. Strike all after the enacting clause and in- Mrs. HUTCHISON. Mr. President, I Mr. Pistole, the head of the Trans- sert the following: come to the floor to discuss and pass SECTION 1. SHORT TITLE. portation Security Administration, has This Act may be cited as the ‘‘Risk-Based the Risk-Based Security Screening for testified before our Commerce Com- Security Screening for Members of the Members of the Armed Forces Act. mittee about the risk-based screening Armed Forces Act’’. How many times have you been at an procedures they are trying to put in SEC. 2. SECURITY SCREENING FOR MEMBERS OF airport screening line, you are getting place that will give them a better op- THE ARMED FORCES. ready to go through the machines that portunity to target people who are (a) IN GENERAL.—Section 44903 of title 49, are going to determine you are safe to more at risk or more under suspicion, United States Code, is amended by adding at travel and standing right there in the while letting frequent flyers and people the end the following: ‘‘(m) SECURITY SCREENING FOR MEMBERS OF line is a man or woman in their mili- in the military go through on an expe- THE ARMED FORCES.— tary fighting gear—their camouflage dited basis. ‘‘(1) IN GENERAL.—The Assistant Secretary and their combat boots—and they are I would say the first identifiable of Homeland Security (Transportation Secu- having to take off their combat boots, group to get risk-based screening proc- rity Administration), in consultation with

VerDate Mar 15 2010 07:27 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S12DE1.REC S12DE1 bjneal on DSK2TWX8P1PROD with