[Congressional Record (Bound Edition), Volume 152 (2006), Part 13]
[Senate]
[Pages 17275-17276]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       NOMINATION OF JAMES O'GARA

  Mr. BIDEN. Mr. President, prior to the August recess, the Senate sent 
the nomination of James O'Gara to be the Deputy Director for Supply 
Reduction at the Office of National Drug Control Policy back to the 
White House for reconsideration. Mr. O'Gara's nomination was strongly 
opposed by Senators on both sides of the aisle, which prevented it even 
from being reported out of the Judiciary Committee. Unfortunately, the 
White House has returned Mr. O'Gara's nomination for confirmation. As 
such, I am using this opportunity to, again, remind the President of 
the objections that law enforcement and many Members of this body have 
to the policies and the leadership at the Office of National Drug 
Control Policy. In so doing, it is my hope that the administration will 
change course and develop and implement strategies that will address 
the drug problems facing our communities, such as the spread of 
methamphetamine.
  More than 20 years ago I began working to create an Office of 
National Drug Control Policy because I believed then, as I believe now, 
that we needed a Cabinet-level official who would coordinate Federal 
drug policy and be publicly accountable for developing and implementing 
an effective national strategy. I believe the Office of National Drug 
Control Policy is an important office, and I take matters related to it 
very seriously.
  When our current drug czar, John Walters, came for a vote before this 
body in 2001, I opposed his nomination because I did not believe he was 
the right man for the job.
  Unfortunately, my fears have been borne out. During his tenure, John 
Walters has been reticent to acknowledge the methamphetamine problem

[[Page 17276]]

that is plaguing small communities nationwide, preferring to focus 
almost exclusively on marijuana. He recommended to the President that 
the highly popular and highly effective High Intensity Drug Trafficking 
Area Program, which funds drug enforcement task forces, be cut by 56 
percent and relegated to the Department of Justice. And under his 
leadership, the Office of National Drug Control Policy has essentially 
walled itself off from consultation and dialogue with external drug 
policy experts including treatment professionals, prevention 
specialists, and State and local law enforcement officials.
  Those are just a few of the many examples of Mr. Walters' missteps. 
Under him, the office operates like an ivory tower rather than the 
command center for our national drug control policy.
  This past year, together with many of my Republican colleagues, I 
fought to prevent James O'Gara--a colleague of Mr. Walters since 1989--
from becoming the Deputy Director for Supply Reduction. Together, they 
have coauthored policy articles expressing their shared drug policy 
views. Given the misgivings that many of us have about how Mr. Walters 
has run the Office of National Drug Control Policy, I would likely have 
a difficult time voting to give a promotion to any member of his inner 
circle. But that is not the only reason why many of us opposed Mr. 
O'Gara's nomination.
  Perhaps most troubling is that Mr. O'Gara, who was nominated for a 
position which has authority over international drug control, foreign 
and domestic drug intelligence, and interdiction, does not have the 
confidence of law enforcement.
  In letters to Senator Specter and Senator Leahy expressing their 
strong opposition to the O'Gara nomination, law enforcement has 
expressed its strong opposition. The National Narcotics Officers 
Association wrote that:

       Mr. O'Gara lacks an operational understanding of a critical 
     issue involved in supply reduction, has no operational 
     background in supply reduction or drug control, and most 
     importantly is not trusted by his constituents in the drug 
     enforcement, prevention and treatment fields. All of this 
     makes him unqualified and unable to effectively lead the 
     coordination of supply reduction initiatives in accordance 
     with the National Drug Control Strategy.

  The letter from the HIDTA Directors states that:

       Based on our collective 1,000+ years of law enforcement 
     experience, we believe Mr. O'Gara lacks the qualifications 
     and abilities necessary to coordinate our nation's supply 
     reduction initiatives effectively. We believe his lack of 
     experience and inability and/or unwillingness to collaborate 
     with a variety of stakeholders has resulted in the 
     formulation of three National Drug Control Strategy documents 
     that do not provide adequate guidance to law enforcement, 
     treatment, and prevention professionals; lack specific and 
     measurable objectives; and insufficiently address some of the 
     most pressing drug threats facing our country today, 
     including methamphetamine.

  By returning this nomination, it is my hope--together with many of my 
Republican colleagues--that the administration will reconsider and 
rescind this nomination.
  State and local law enforcement accounts for more than 90% of drug-
related arrests. During a time when assistance for State and local law 
enforcement has been slashed, it is essential that the leadership of 
the Office of National Drug Control Policy have the confidence of local 
officials. Mr. O'Gara lacks this support. Moreover, Mr. Walters and Mr. 
O'Gara have alienated State and local law enforcement, drug prevention 
and treatment professionals, as well as many members of Congress.
  As the scourge of methamphetamine continues to ravage middle America, 
it is essential that the policies adopted and the personnel appointed 
by the administration have the confidence of the drug enforcement 
community. President Bush could take a huge step in this direction by 
rescinding the nomination of Mr. O'Gara and consulting with local law 
enforcement to appoint an individual who could win the bipartisan 
support of the Senate.

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