S6304 CONGRESSIONAL RECORD — SENATE May 9, 1995

CONCLUSION OF MORNING

BUSINESS

The PRESIDING OFFICER. Morning

business is closed.

EXECUTIVE SESSION

fNOMINATION OF JOHN M. DEUTCH,

OF MASSACHUSETTS, TO BE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

The PRESIDING OFFICER. Under

the previous order, the Senate will go

into executive session to consider the

nomination of John Deutch to be Director of the Central Intelligence

Agency, which the clerk will report.

The legislative clerk read as follows:

John M. Deutch, of Massachusetts, to be

Director of the Central Intelligence Agency.

NOMINATION OF JOHN DEUTCH TO BE DIRECTOR

OF CENTRAL INTELLIGENCE

Mr. LEVIN. Madam President, it is

with enthusiasm that I will vote today

to confirm the President’s nomination

of John Deutch to one of our country’s

most important and difficult jobs, Director of Central Intelligence.

As a member of the Senate Armed

Services Committee, I have worked

closely with John Deutch in both his

present position as Deputy Secretary

of Defense and in his prior capacity as

Under Secretary of Defense for Acquisition and Technology. I have had the

opportunity to admire his competence

as a manager and his broad knowledge

on and accomplishments in national security matters.

Secretary Deutch has firsthand experience in improving our national security institutions. He successfully led

the Pentagon’s effort to reform its acquisition process, a long overdue and

badly needed initiative. He also took

the lead on the controversial C–17 aircraft negotiations and produced a good

solution. In short, he has taken some

of the thorniest problems in our largest

national security institution and produced positive and cost-effective results.

The U.S. intelligence community is

at a critical crossroads as it responds

to a host of new and demanding challenges. With the end of the cold war,

the need for reliable intelligence for

the President and the Nation’s

decisionmakers has not vanished, but

it has changed. We have seen a dramatic shift in the nature of the threats

to U.S. national security. We have seen

a sharp rise in the number and intensity of regional conflicts including the

Persian Gulf, Bosnia, Somalia, and

Haiti. We have also seen the need to

broaden the cope of our intelligence efforts to include work on emerging challenges in interdiction of the international drug trade, anti-terrorism,

nonproliferation and in support of government decisionmaking in economics

and trade.

At the same time, the intelligence

community faces a number of internal

challenges. The community should not,

has not, and will not be spared the

budget cuts and downsizing facing all

of the Federal Government. And, the

intelligence community must work

very hard to recover from the shocks of

the Ames case and the current controversy over events in Guatemala.

The President could have named no

more qualified nominee to grapple with

these challenges. John Deutch’s vast

knowledge and experience, his track

record in government, will assure that

he will do so with the full confidence of

those who work in within the intelligence community and those in the

Congress responsible for oversight.

While I have not agreed with him on

every issue, I admire and respect his

considerable abilities and the forthright manner in which he engages debate.

I am very pleased today to join in

what I hope and expect will be the

unanimous confirmation of the nomination of John Deutch to be the next

Director of Central Intelligence.

Mr. KEMPTHORNE. Madam President, it is with great pleasure that I

support John Deutch’s nomination to

serve as the Director of Central Intelligence. During Dr. Deutch’s service at

the Department of Defense, including

his service as the Deputy Secretary of

Defense, John Deutch has been a

thoughtful, decisive, and professional

public servant.

Over the last 2 years, I have worked

with John Deutch on a number of important, complicated, and diverse issues. In every instance, Dr. Deutch was

extremely knowledgeable about the

issue, he demonstrated diligent followup, and he never deviated from his

commitment to serve the national interest. I have appreciated working with

John Deutch and he will be missed at

the Department of Defense.

John Deutch will be an excellent Director of Central Intelligence. This is a

crucial time for the U.S. intelligence

community as it tries to adapt to the

post-cold-war era. I have every confidence that John Deutch will lead the

Central Intelligence Agency forward in

the 21st century.

Madam President, I look forward to

casting my vote in support of John

Deutch’s nomination to serve as the

next Director of Central Intelligence.

Ms. MOSELEY-BRAUN. Madam

President, I am proud to support President Clinton’s nominee, John M.

Deutch, as Director of Central Intelligence. This is a difficult time for the

CIA, but John Deutch brings considerable skills and experience to the position, and I have every confidence that

he will make a difference at the CIA.

Mr. Deutch has an impressive academic background. He has been a distinguished professor at the Massachusetts Institute of Technology. He was

chair of the department of chemistry

there. As a teacher and a scientist, Mr.

Deutch understands the technical details of the newest emerging intelligence technology, and he also has the

remarkable ability to explain this

technology in plain English, so that

nonscientists understand.

Mr. Deutch has also served with distinction in Government. He worked at

the Department of Energy, as Under

Secretary of Energy Technology. In

recognition of his contributions in that

position, he was honored with the Secretary’s Distinguished Service Medal

and the Department’s Distinguished

Service Medal. More recently, he

served at the Department of Defense as

Under Secretary of Acquisition and

Technology. And he leaves DOD as the

distinguished Deputy Secretary of Defense.

Mr. Deutch will have to draw from

this extraordinary experience to address a number of concerns at the

Central Intelligence Agency. His responsibility is great. The CIA has been

faced with a number of scandals of its

own making. The Aldrich Ames spy

case compromised U.S. intelligence

gathering overseas. For years, the CIA

was unable to detect his treachery, and

more recently, the CIA appeared unwilling to appropriately discipline his

superiors. This is unacceptable. I am

confident that Mr. Deutch will address

the flaws in the internal administration of the CIA which allowed Ames to

flourish in the system undetected. He

has pledged that in the future, anyone

in a position of supervision over an

agent who is spying on the United

States, and does not take forceful action, will be fired.

Mr. Deutch’s nomination also comes

at a time when very serious questions

have been raised about CIA operations

in Guatemala. It has become clear

through public hearings in recent

weeks that a paid CIA informant in the

Guatemalan military was involved in

horrendous human rights abuses

against Guatemalan people, and participated in the torture and death of an

American citizen, and a Guatemalan

who was married to an American citizen. Further, when this information became known to CIA officials, it was not

properly reported to the House or Senate Intelligence Committees. The United States must stand for democracy

and the protection of human rights

abroad. I am deeply offended, as are

many Americans, to learn of a relationship between the CIA and this Guatemalan colonel.

These and other scandals have

plagued the CIA. Morale is low. John

Deutch is clearly needed at this time

to revitalize the CIA. With the end of

the cold war, America’s intelligence

needs have changed. But they have not

diminished. Our intelligence community is staffed with brave men and

women who take risks every day to assist our policymakers by providing the

best intelligence in the world. We must

restore the confidence of the American

people in these men and women, and in

our intelligence gathering capabilities.

John Deutch is a man of real quality.

He is fully capable of meeting the challenges that lie before him.
May 9, 1995 CONGRESSIONAL RECORD — SENATE S6305

(At the request of Mr. DOLE, the following statement was ordered to be

printed in the RECORD.)

∑ Mr. WARNER. Madam President, I

would like to express my strong support for the nomination of John

Deutch to serve as Director of Central

Intelligence.

I have had the privilege of working

with Secretary Deutch since 1993 in his

various capacities in the Department

of Defense, first as Under Secretary of

Defense for Acquisition and Technology, and most recently as Deputy

Secretary of Defense. 3

Secretary Deutch has served his Nation well in these assignments, and I

am pleased that he will be bringing his

considerable expertise to the Nation’s

intelligence community.

This is a time of great challenge for

the various elements of the intelligence community and, in particular,

for the Central Intelligence Agency. As

it continues the process of adapting to

the intelligence challenges of the postcold-war world, the CIA has been

rocked recently by a number of problems—from the Aldrich Ames spy scandal to the recent revelations of possible

problems with CIA activities in Guatemala. I am concerned about the wellbeing of this agency, and the morale of

the fine intelligence professionals who

serve our country—at great personal

risk—at the CIA. The work of the CIA,

and the many other agencies of the intelligence community, remains vital to

the security of our great Nation. We

should not lose sight of this basic fact

as we contemplate reforms.

I am pleased that Secretary Deutch

will be taking over stewardship of the

intelligence community at this critical

time. I was encouraged by Secretary

Deutch’s testimony at his confirmation

hearing regarding the changes that he

believes should be made at the CIA. I

wish him well as he undertakes a difficult task which is so important to the

future well-being of this Nation.∑

Mr. KYL. Madam President, I rise to

support the nomination of Deputy Secretary of Defense John Deutch to be

the Director of Central Intelligence. I

have had the opportunity to meet with

Secretary Deutch on a number of occasions to discuss defense and intelligence issues and am impressed with

his ability in both of these critical

areas.

As the President’s new senior advisor

on intelligence, John Deutch will have

the responsibility of placing before the

Congress a vision for the intelligence

profession that embodies the lessons

learned from the cold war and lessons

from recent unfortunate mistakes

within the agency. He will also be required to steadfastly guard against the

politicization of the intelligence mission by government officials who would

use intelligence resources for other

ends, at the expense of the core programs. My impression of John Deutch

is that he is well prepared to meet

these challenges.

I believe John Deutch will be someone who is prepared to think seriously

about the place and purpose of intelligence in a democracy, both as he fulfills his responsibilities as a senior

Government official and as he lays the

President’s plans and programs before

the Congress. In short, Madam President, I believe John Deutch will be a

fine Director of Central Intelligence

and have every confidence in his ability to lead the intelligence community

into the 21st century. I wholeheartedly

support his nomination.

Mr. SANTORUM. Madam President, I

ask for the yeas and nays on the nomination.

The PRESIDING OFFICER. Is there a

sufficient second?

There is a sufficient second.

The yeas and nays were ordered.

The PRESIDING OFFICER. The

question is, Will the Senate advise and

consent to the nomination of John M.

Deutch, of Massachusetts, to be the Director of the Central Intelligence

Agency? On this question, the yeas and

nays have been ordered.

The clerk will call the roll.

Mr. LOTT. I announce that the Senator from Virginia [Mr. WARNER] is

necessarily absent.

Mr. FORD. I announce that the Senator from New York [Mr. MOYNIHAN] is

necessarily absent.

I further announce that, if present

and voting, the Senator from New York

[Mr. MOYNIHAN] would vote ‘‘yea.’’

The PRESIDING OFFICER. Are there

any other Senators in the Chamber desiring to vote?

The result was announced—yeas 98,

nays 0, as follows:

[Rollcall Vote No. 155 Ex.]

YEAS—98

Abraham

Akaka

Ashcroft

Baucus

Bennett

Biden

Bingaman

Bond

Boxer

Bradley

Breaux

Brown

Bryan

Bumpers

Burns

Byrd

Campbell

Chafee

Coats

Cochran

Cohen

Conrad

Coverdell

Craig

D’Amato

Daschle

DeWine

Dodd

Dole

Domenici

Dorgan

Exon

Faircloth

Feingold

Feinstein

Ford

Frist

Glenn

Gorton

Graham

Gramm

Grams

Grassley

Gregg

Harkin

Hatch

Hatfield

Heflin

Helms

Hollings

Hutchison

Inhofe

Inouye

Jeffords

Johnston

Kassebaum

Kempthorne

Kennedy

Kerrey

Kerry

Kohl

Kyl

Lautenberg

Leahy

Levin

Lieberman

Lott

Lugar

Mack

McCain

McConnell

Mikulski

Moseley-Braun

Murkowski

Murray

Nickles

Nunn

Packwood

Pell

Pressler

Pryor

Reid

Robb

Rockefeller

Roth

Santorum

Sarbanes

Shelby

Simon

Simpson

Smith

Snowe

Specter

Stevens

Thomas

Thompson

Thurmond

Wellstone

NOT VOTING—2

Moynihan Warner

So the nomination was confirmed.

Mr. DOLE. Madam President, this

matter has been cleared with the

Democratic leader. I ask unanimous

consent that the motion to reconsider

the vote by which the Deutch nomination was confirmed be tabled and that

the President be immediately notified

of the Senate’s action.

The PRESIDING OFFICER. Without

objection, it is so ordered.

The PRESIDING OFFICER. The SenLEGISLATIVE SESSION

fate will now return to legislative session and resume consideration of H.R.

956.

COMMONSENSE PRODUCT LIABILITY AND LEGAL REFORM ACT

fThe PRESIDING OFFICER. The

clerk will report.

The legislative clerk read as follows:

A bill (H.R. 956) to establish legal standards and procedures for product liability litigation, and for other purposes.

The Senate resumed consideration of

the bill.

Pending:

Gorton amendment No. 596, in the nature

of a substitute.

Coverdell-Dole amendment No. 690 (to

amendment No. 596), in the nature of a substitute.

Gorton-Rockefeller modified amendment

No. 709 (to amendment No. 690), in the nature

of a substitute.

Ms. MOSELEY-BRAUN. Madam

President, as I stated at the outset of

debate on this bill, I believe it makes

sense to have some basic, national

product liability standards that apply

across the board. In 1995, products

manufactured in Illinois are no longer

shipped down the street; instead, they

are shipped throughout the 50 States,

and beyond. The Constitution of the

United States, in article 1, section 8,

grants Congress the power to regulate

interstate commerce. Where our product liability system acts as a disincentive to the manufacture and sale of

goods in interstate commerce, Congress has not only a right, but a duty,

to reform that system. I believe the

Product Liability Fairness Act, while

not perfect, is a good step in the reform

process, and I am proud to cast my

vote in favor of this bill.

I would like to add how pleased I am

that, during the past weeks, the Senate

very carefully considered and debated

each and every amendment that was

offered to this bill. I am particularly

pleased by the compromise amendment

that will soon be offered as a substitute

amendment. I believe that the amendment significantly improves the committee reported bill, and I know that it

would not have been possible without

the vigorous debate that surrounded

this legislation.

I strongly support the changes being

made to the punitive damages section

of the bill Rockefeller-Gorton substitute. While the original bill linked

the calculation of punitive awards to

economic damages, the amended bill

instead links punitives to compensatory damages, a standard that is