[Congressional Record Volume 152, Number 133 (Wednesday, December 6, 2006)]
[Senate]
[Pages S11259-S11267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       NOMINATION OF ROBERT M. GATES, TO BE SECRETARY OF DEFENSE

                                 ______
                                 

                           EXECUTIVE SESSION

  The PRESIDING OFFICER. Under the previous order, the hour of 11:30 
having arrived, the Senate will proceed to the executive session to 
consider the nomination of Robert M. Gates, of Texas, to be Secretary 
of Defense.
  The legislative clerk read the nomination of Robert M. Gates, of 
Texas, to be Secretary of Defense.
  Mr. WARNER. Mr. President, I am going to initiate our discussion this 
morning on this important nomination. My distinguished ranking member, 
Senator Levin, will soon join me.
  I urge all Senators to seek an opportunity, if they so desire, to 
address this very important nomination not just to the executive branch 
but, indeed, the Nation and, indeed, the world. All eyes are on this 
nominating process and this extraordinary candidate who stepped forward 
to offer his services and the wisdom of our President in finding, 
selecting, and convincing this outstanding American to, once again, 
serve the Nation--and, indeed, I think the whole world--in this 
important post.
  I want to acknowledge the fact that yesterday, with the strong 
support of the distinguished ranking member, Senator Levin, the Armed 
Services Committee, in I believe a very commendable way and a very 
thorough way, held extensive hearings on Dr. Gates, with probably close 
to 60 hours in public and another close to 2 hours or less maybe in 
executive session. We thoroughly examined and cross-examined this 
nominee. He exhibited those extraordinary qualities that he has had 
throughout his public life--candor, patience, clear and concise 
answers, no equivocation, no effort to dodge any response which he felt 
would contribute to the Record. I commend this distinguished nominee.
  Then I have to say, with a great sense of pride, on behalf of the 
committee--not myself or Senator Levin but on behalf of the committee--
the vote was unanimous, even though, in the course of that deliberation 
there were varying opinions of the members of our committee which I 
respect--those varying opinions on what has happened and what is 
happening today in Iraq and in Afghanistan and other troubled parts of 
the world and what our course of action should be for the future.
  The committee came together and, I am proud to say, unanimously 
adopted the recommendations of the chair to have this nomination go 
forward to the Senate.
  It is interesting. One of the strongest proponents in the course of 
that deliberation was our distinguished and revered colleague, Senator 
Byrd. He has been a member of the committee for many years. I asked 
Senator Byrd if he would like to place before the committee the 
nomination of Robert Gates. He did so. I seconded it and then followed 
all members of the committee voting ``aye.''
  Senator Levin and his staff and all members of the committee--and, 
indeed, my staff--were very helpful in the preparation of the very 
important steps that must be taken for this nomination. We didn't cut 
any corners. We didn't rush. We did what I say was a very competent 
job, consistent with the finest traditions of the advice-and-consent 
role which is especially entrusted to the Senate.
  In the brief period since the President announced his intent to 
nominate Dr. Gates on November 8, and recognizing the importance of 
this nomination to our national security, we have worked together to 
compile a thorough record on which the committee and the full Senate 
can rely with confidence.
  Doctor Gates has a long and distinguished record of accomplishments 
and service to his community and to the Nation. He completed his 
undergraduate studies at the College of William & Mary in the 
Commonwealth of Virginia, receiving the prestigious Algernon Sydney 
Sullivan Award, which is awarded to graduating seniors who have 
distinguished themselves in service to others and to the community.
  He then went on to receive a master's degree in history from Indiana 
University in 1966, and later, a Ph.D. in Russian and Soviet history 
from Georgetown University in 1974. I would like to note that in recent 
years Dr. Gates, among various distinguished academic posts, served as 
a trustee of the endowment fund for the College of William and Mary, 
which in 1998 conferred upon him the honorary degree of Doctor of 
Humane Letters.
  Doctor Gates joined the CIA in 1966, but he served on active duty in 
the Air Force from 1967 through 1969 assigned to the Strategic Air 
Command. He rejoined the CIA upon his release from active duty and 
spent over 26 years as an intelligence professional, including a period 
of nearly 9 years assigned to the National Security Council.
  Doctor Gates served as Deputy Director of Central Intelligence from 
1986 until 1989, and, subsequently, as Assistant to the President and 
Deputy National Security Adviser from January 20, 1989 until November 
6, 1991, for President George H. W. Bush. Dr. Gates was nominated by 
President George H. W. Bush, to be the 15th Director of the CIA in June 
1991. Dr. Gates is the only person who has ever risen from the ranks to 
become the Director of Central Intelligence.
  Doctor Gates has been awarded the National Security Medal, the 
Presidential Citizens Medal, the National Intelligence Distinguished 
Service Medal on two occasions, and three times received the CIA's 
highest award, the Distinguished Intelligence Medal.
  In September and October 1991, the Senate Select Committee on 
Intelligence under the leadership of Senator David Boren conducted 
hearings on Dr. Gates's nomination to be the Director of Central 
Intelligence. The Committee on Intelligence took the testimony of some 
21 witnesses, compiled a record of over 2,500 pages of testimony, and 
favorably reported Dr. Gate's nomination to the full Senate.
  During the Senate floor debate on Dr. Gates' nomination, on November 
4, 1991, I complimented Senator Boren on the thoroughness of his 
committee's work.
  I stated, at that time, I had the privilege--and Dr. Gates was very 
thoughtful yesterday to indicate that--to introduce him to the 
Intelligence Committee for that hearing. In the context of that 
introduction and then on the floor of the Senate, this paragraph 
summarizes my own personal views of this extraordinary nominee.
  I said:

       Bob Gates is a very thoughtful man, an honest man, an 
     experienced official, a good analyst, a non-nonsense manager, 
     and a man with a vision of the future direction of the role 
     of U.S. intelligence.

  I reiterate those comments in the context of this nomination again 
today.
       On November 5, 1991, Dr. Gates was confirmed by the Senate 
     and served with distinction throughout the remainder of 
     former President Bush's term.
       Yesterday, at our hearing on this nomination, Senator Boren 
     and our former leader, Senator Robert Dole, testified in 
     support of Dr. Gates's nomination and urged a new spirit of 
     bipartisanship as we wrestle with the problems of national 
     security we, as a Nation, face today.
  I ask unanimous consent that Senator Boren's statement and such 
statement as we hopefully will get from Senator Dole be printed in the 
Record following my remarks.

[[Page S11260]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1).
  Mr. WARNER. Mr. President, I will quote Senator Boren's remarks of 
yesterday. Senator Boren stated:

       During the 6 years that I chaired the Senate Intelligence 
     Committee, I watched Dr. Gates effectively work to build a 
     consensus on sensitive issues.

  Democrats and Republicans had equal seats at the table. During these 
6 years, in no small part because of his bipartisanship spirit and his 
respect for the oversight and policymaking role of Congress, our 
committee had only a tiny handful of rollcall votes and none of them 
was close. We simply worked with each other and with the executive 
branch, often represented by Dr. Gates, until a consensus was reached.
  I believe I am the only current Member of the Senate who was a member 
of that committee at that time. All have retired from this institution. 
I remember those days quite well. It was a warming experience to see 
yesterday. I know full well he won the hearts and minds of all. He is 
noted for his ability to cross the aisle and work out consensus 
opinions, reach decisions which are always, in his judgment and the 
judgment of others, in the best interests of our country. This 
demonstrates Dr. Gates' qualification for the position of Secretary of 
Defense. It gives us a clear indication of how he will lead.
  I ask unanimous consent to have printed a letter in support of the 
nomination received from a former chairman of the Committee on Armed 
Services, with whom I was ranking member for many years, the Honorable 
Sam Nunn of Georgia.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                    Nuclear Threat Initiative,

                                 Washington, DC, December 4, 2006.
     Hon. John Warner,
     Chairman,
     Hon. Carl Levin,
     Ranking Member, Senate Armed Services Committee, U.S. Senate, 
         Washington, DC.
       Dear John and Carl: I wish that I could attend Tuesday's 
     hearing to help my friend David Boren introduce Robert Gates, 
     whom I believe is immensely qualified to serve as Secretary 
     of Defense.
       Unfortunately, my travel schedu1e prevents me from being 
     with you in person, but I have asked David to submit the 
     attached statement into the Record on my behalf.
           Best wishes,
                                                         Sam Nunn.
       Enclosure.
                                  ____


  Statement of Former Senator Sam Nunn on the Nomination of Robert M. 
 Gates, United States Senate Armed Services Committee, December 5, 2006

       Chairman Warner, Senator Levin, and Members of the 
     Committee, although I am able to join you today, I appreciate 
     the opportunity to share with you my thoughts on the 
     nomination of Robert Gates to be our next Secretary of 
     Defense.
       As you know, during my 24 years in the United States 
     Senate, I spent a great deal of time focusing on issues 
     pertaining to the national defense. I had the great pleasure 
     and honor of serving with many of you, including my good 
     friends John Warner and Carl Levin. as we focused on 
     remaining steadfast and prevailing during the Cold War and on 
     helping the Department of Defense meet the challenges 
     involved in transitioning from the Cold War to a new, and 
     vastly different, world. I had the opportunity to work 
     closely with a number of Defense Secretaries and Directors of 
     the CIA.
       Even in the best of times, defending our nation while 
     managing a bureaucracy as big as the Pentagon, and at the 
     same time bearing primary responsibility for the lives and 
     welfare of our men and women in uniform, is a monumental 
     task. These are clearly not the best of times. There is no 
     question that our nation faces serious challenges on a number 
     of fronts. Among those challenges is the task of rebuilding 
     our forces, who have met and continue to meet extraordinary 
     demands in Iraq and Afghanistan. The situations in those 
     countries, as well as other global demands on our military, 
     including the new generation of global threats, compound, by 
     several orders of magnitude, the difficulties that will face 
     our next Secretary of Defense. In particular, the Secretary 
     of Defense has a critical role to play in addressing the 
     global threats from nuclear, biological and chemical weapons.
       The next Secretary of Defense has been dealt a tough hand 
     of cards. We must have a Secretary who is open to change, who 
     values and gains a realistic and objective assessment of the 
     facts, and who has the experience, judgment, and wisdom to 
     lead the Pentagon during the perilous and challenging times 
     ahead.
       I have known Bob Gates for at least 20 years, and I believe 
     that we are fortunate that he is willing to serve as our next 
     Secretary of Defense. Bob Gates is, in my view, an excellent 
     choice to lead the Department of Defense in these challenging 
     times. He has a well-deserved reputation on both sides of the 
     aisle for competency, integrity and objectivity. He is well 
     qualified, having been directly engaged on national security 
     issues for most of his long career.
       His years in government have given him an appreciation of 
     the complexity of the issues that he will face as Secretary. 
     He also understands how government works best, and knows 
     that, to succeed as Secretary of Defense, he will need to 
     work cooperatively with others who impact the national 
     security agenda, including our military leaders, both 
     Democrats and Republicans in Congress, and particularly this 
     Armed Services Committee, the National Security Council, the 
     State Department, the Director of National Intelligence and 
     the intelligence community, and also the non-governmental 
     community.
       I believe that Bob Gates understands that our national 
     security and military policy cannot remain frozen in time as 
     the world changes around us. He understands that, as the 
     facts change, our policies must be flexible enough to 
     acknowledge those facts and to adapt to those changes. I 
     believe that, if confirmed as Secretary of Defense, Bob Gates 
     will be willing to make the kinds of changes and new 
     approaches that many of us are convinced are needed in the 
     days ahead.
       Finally, and perhaps most important at this time in our 
     history, Bob Gates understands that the secret to successful 
     leadership lies in the willingness to accept counsel and 
     advice from many people, both inside and outside of 
     government. When facts and circumstances change or when 
     mistakes are made, we must have a Secretary of Defense who 
     listens, who understands, who corrects errors rapidly, and 
     who adapts to reality. I am confident that Bob Gates will 
     listen, will understand, will adapt, and will make sound 
     recommendations and decisions for our nation's security.
       For all these reasons, I am convinced that Bob Gates is an 
     excellent choice to serve as our next Secretary of Defense. 
     Thank you.

  Mr. WARNER. Since leaving the CIA in 1993, Dr. Gates served in a 
variety of academic capacities and as the interim dean of the George 
Bush School of Government and Public Service at Texas A&M University 
from 1999 to 2001. On August 1, 2002, he became the 22nd president of 
Texas A&M, the Nation's seventh largest university.
  He referred to his work with that university with a great deal of 
compassion and sentiment yesterday. He said in a very respectful way 
that it is going to be difficult to leave that university, but he felt 
the call of the Nation, the call of the President, had to take 
priority.
  At the hearing yesterday, Dr. Gates was questioned about his past 
service, about his reasons for returning to Government, and about his 
views on Iraq, Iran, North Korea, and the tremendous challenges that 
face the United States today. He acquitted himself remarkably well.
  Senator Levin and I have been here together for 28 years. My good 
friend, who will soon follow me, would agree it was one of the more 
extraordinary nomination hearings we have had in the many years we have 
served on the Committee on Armed Services, and he was given to 
unanimous support of each and every member attending that hearing 
yesterday. I think we had 100-percent attendance except a member 
attending a funeral.
  I commend the President on his decision to nominate Dr. Gates. I am 
confident he will, indeed, be absolutely fearless in providing expert 
advice, professional advice, his own innermost personal feelings about 
the complex issues that face our Nation and, indeed, the world.
  For his fellow Cabinet members and to the Congress, he will be an 
extraordinary new addition, subject to the confirmation of this Senate, 
to our illustrious role of public servants.
  I have served under three Secretaries of Defense when I was 
privileged to be Secretary of the Navy. Together with Carl Levin, we 
have worked with nine other Secretaries of Defense since that period of 
time we have been in the Senate.
  I conclude on another note which I think is very meaningful. Senator 
Levin and I met with the Iraq Survey Group this morning. I mention that 
because this volume represents their report. Five very able 
Republicans, five very able Democrats, drawn from the private sector, 
now all in the private sector, most all of whom have distinguished 
public service careers of varying types--it is all a matter of public 
record--worked on this report as a contribution to the security of this 
country.
  I had a small role with Frank Wolf and others in helping get the Iraq 
Survey Group constituted and launched.

[[Page S11261]]

They did a very fine job for America, indeed, the free world, in 
reaching a consensus, in reaching a unanimous opinion on a series of 
issues.
  The debate on Iraq, the debate on Afghanistan, the debate on our 
security matters should always reign in this Chamber with voices which 
have different views. How well we know the difficulty, particularly in 
this most controversial war, the difficulty of reaching a consensus.
  I am proud to say our committee--which has among its members a strong 
diversity of viewpoints about the conflicts for which our men and women 
of the Armed Forces are courageously carrying the torch for freedom--
reached a consensus, unanimously supporting Bob Gates.
  I mention those two important chapters--temporary chapters--in the 
history of this institution because I fervently believe we must try and 
work in the Congress with the President to reach a consensus on the way 
ahead in Iraq. All have to give up a little bit of some of our fixed 
views which we have tenaciously held for these years of this conflict, 
a conflict now that has gone on longer than World War II. In the spirit 
of trying to reach that consensus, we owe that obligation to the men 
and women in the Armed Forces who have given so much, who have lost 
life and limb, who today are on the front lines--whether in Iraq or 
Afghanistan.
  That is why, throughout this nomination process, I have stressed the 
need to try to reach a consensus. The nominee himself likewise 
mentioned he hopes to work with a mandate from the Congress and the 
President which is derived in a bipartisan way, a consensus opinion.
  As I look upon the current situation, we have now the Iraq Study 
Group Report. The President, very wisely, some 2 months ago, directed 
every person in his administration who has some responsibility in their 
portfolios with regard to national security, and most specifically the 
implementation of our Armed Forces overseas and our foreign policy, to 
sit down and search their minds to come up with ideas and concepts as 
to how this Nation must move forward in the weeks and the months to 
come in Iraq--move forward in such a way that we can achieve a stable 
government, a government in Iraq that can provide the security for its 
Nation, a quality of life for its people, and a nation that, hopefully, 
will join other nations in the free world as a strong working ally in 
the war against terrorism.
  This is the first chapter. The next chapter will be the report, 
presumably within the executive branch.
  The chairman of the Joint Chiefs--I spoke with him by phone this 
morning--is working among his peer group and particularly those 
combatant officers and men who have served in Iraq, served in 
Afghanistan, to draw together their views. His work will not 
necessarily be completed in a finite report. To the contrary, his work 
must go on every day, every week, to make assessments from the 
battlefields, make assessments internally from the men and women in 
uniform, and perhaps some of the counterparts and the civilians who 
worked so closely with our men and women in the Department of Defense 
throughout the world.
  He will be making a contribution to the President as our President 
works through deliberations that, no doubt, were comparable to 
decisions Lincoln had to make in that critical period he served as 
President.
  I remember being with our President in his office quietly one day. I 
believe it was Memorial Day a year ago. When he pointed to Lincoln, he 
said he often reflects on the pressures that were upon that great 
President and how he guided this Nation such that we are the United 
States, all 50 States of America today are one solid, surviving, strong 
Republic. Also, as Ben Franklin said when he emerged from the 
Constitutional Convention and was asked, what did they do at the 
Constitutional Convention of 1789? He wiped his brow and said, we have 
given you a republic, if you can keep it.
  Part of keeping that Republic is keeping faith in the men and women 
of our Armed Forces as we ask them to take on these burdens. Therefore, 
it is my hope that after our distinguished President studies carefully 
the contributions of the Iraq group, of his own internal assessment, 
indeed, the chairman of the Joint Chiefs of Staff, that he will come to 
his own conclusions. But before he makes them public, I hope he 
consults in a bipartisan way with the leadership of this institution in 
a private forum and then thereafter at the time of his own selection in 
an announcement to the public.
  In that way I hope we can have a consensus, we can show our 
bipartisanship in strength. We keep our commitment to the men and women 
of the Armed Forces that this Government, this executive branch, can 
work as a team on their behalf as we ask them to take the enormous 
risks of carrying the torch of freedom wherever they are in the world.

                               Exhibit 1

  Statement of David L. Boren, President, the University of Oklahoma, 
 Former U.S. Senator (Oklahoma), Before the U.S. Senate Armed Services 
                      Committee, December 5, 2006

       Mr. Chairman and Members of the Committee, thank you for 
     allowing me the privilege of joining with my colleague 
     Senator Bob Dole to formally present Dr. Robert M. Gates, the 
     President's nominee for Secretary of Defense. I sincerely 
     believe that at this critical moment, Dr. Gates is the best 
     possible choice for this position.
       In my entire adult lifetime, our country has never been 
     faced with more dangerous challenges. With only 6% of the 
     world's population, we face economic growth in other nations 
     and regions which are likely to bring them into economic 
     parity with the United States in a relatively short time and 
     military parity as well if they decide to use their resources 
     for that purpose. We are militarily spread thin in areas of 
     the world where serious threats exist, and there are no easy 
     options for extracting ourselves from our military 
     involvement in Iraq.
       At the end of WorId War II and the beginning of the Cold 
     War, we also faced threats that could have overwhelmed us. 
     How we responded then provides us with an excellent guide for 
     the present.
       First, we brought together people of exceptional talent, 
     like Bob Gates, to serve us without regard to political party 
     affiliation.
       Second, leaders like President Truman, a Democrat, and 
     Senator Vandenburg, a Republican, adopted a truly bipartisan 
     blueprint that provided us with a consistent policy for over 
     40 years without regard to which party controlled the White 
     House or the Congress.
       Third, we did not bear all the burdens of leadership by 
     ourselves. We formed strong alliances and partnerships based 
     upon mutual respect. We struck the right balance between 
     diplomacy, dialogue, and military strength. We made sure that 
     we were always strong enough to act alone if we had to do so, 
     but we were wise enough to avoid that situation.
       We must do exactly the same thing now. Partisan 
     polarization, if allowed to continue, will destroy our 
     economic, military, social and moral influence in the world 
     and ultimately the fabric of our country.
       During his 26 years of service at the Central Intelligence 
     Agency and at the National Security Council, Bob Gates 
     demonstrated his sincere commitment to bipartisanship. He 
     served as Deputy Director and Director of the C.I.A. under 
     Republican presidents with Democratic majorities in both 
     houses of Congress.
       During the six years that I chaired the Senate Intelligence 
     Committee, I watched him effectively work to build a 
     consensus on sensitive issues. Democrats and Republicans had 
     equal seats at the table. During these six years, in no small 
     part because of his bipartisan spirit and his respect for the 
     oversight and policy making role of Congress, our committee 
     had only a tiny handful of roll call votes and none of them 
     was close. We simply worked with each other and with the 
     Executive Branch often represented by Dr. Gates until a 
     consensus was reached.
       I came to respect Bob Gates as a realist who faced up to 
     the facts and adjusted to changing situations. He rejected 
     inflexible ideological positions and worked hard to fashion 
     practical solutions. We badly need those qualities right now.
       More recently, as a fellow university president, I have 
     watched with admiration his leadership n bringing faculty 
     members, students and alumni together to increase the 
     strength and diversity of Texas A&M where he serves as 
     president.
       Bob Gates knows how to lead large and complex 
     organizations. He will hit the ground running as Secretary of 
     Defense at a moment when we have no time to waste.
       I am here today not only because I believe that Bob Gates 
     has exceptional ability, but also because I have confidence 
     in his personal integrity and his sincere desire to serve our 
     country.
       It was my responsibility to chair the hearings which 
     resulted in his confirmation to serve as Director of the 
     Central Intelligence Agency. His nomination came to our 
     committee on June 24, 1991. Our scrutiny of this nominee was 
     not completed until October 18th of that year. All questions 
     which were raised, even those of doubtful credibility were 
     vigorously pursued.
       Part of the final committee report read as follows: ``By 
     any standard, the consideration of this nomination was the 
     most thorough and comprehensive of any nomination ever

[[Page S11262]]

     received by the committee. Thousands of documents were 
     reviewed. Hundreds of witnesses were interviewed. The nominee 
     testified for four long days in open and closed sessions 
     responding to almost 900 questions and written responses were 
     submitted to almost 100 additional questions.''
       In short, these thorough proceedings confirmed the 
     commitment of Bob Gates to faithful and honorable public 
     service.
       Today we have an opportunity to embark upon a new 
     bipartisan path to protect our national security. The Senate 
     can do its part by quickly and overwhelmingly confirming this 
     talented nominee as Secretary of Defense. But confirmation 
     alone is not sufficient. The President must also do his part 
     by making sure that he gives great weight to the bipartisan 
     spirit and realistic advice which I believe that he will 
     receive from Dr. Robert Gates.
       There are those who say it is an impractical and romantic 
     idea that we can replace polarization with civility, 
     cooperation and partnership. To the doubters, I answer that 
     we achieved it in the Senate Intelligence Committee with the 
     help of Bob Gates only 15 years ago. It is not only an option 
     we can achieve with hard work and determination--it is 
     imperative if the United States is to remain a world leader.
                                  ____


     Statement of Hon. Robert Dole, Former U.S. Senator From Kansas

       Senator Robert Dole. It is on?
       Chairman Warner. Yes.
       Senator Robert Dole: Well, Mr. Chairman, I'm almost--I'm 
     probably here by accident, because the phone rang at home, 
     and I picked it up, and the person on the other end said, 
     ``Senator Dole, would you mind introducing me at the hearing? 
     and I said, ``Yes.'', Then I learned, later, they were 
     calling for Elizabeth. So----
       So --
       [Laughter. ]
       Senator Robert Dole:--I appreciate the fact that she's on 
     the committee, but I appreciate this opportunity, and it'll 
     be very brief.
       President John Adams once said, ``If we do not layout 
     ourselves in the service of mankind, whom should we serve?'' 
     Bob Gates truly understands this. Granted, I may be a little 
     biased, owing to his Kansas roots. It was Kansas where he 
     first learned the meaning of service, while growing up in 
     Wichita. His appreciation for the interests of others grew as 
     a student at William and Mary and throughout his years as a 
     career intelligence official and through his subsequent 
     leadership of our intelligence services, and, most recently, 
     in his stewardship at Texas A&M, one of our Nation's 
     outstanding universities. Through it all, Bob Gates has given 
     of himself in this great tradition to our Nation and our 
     people.
       Mr. Chairman, as we convene, our Nation's defense policy is 
     dominated by a single issue: the war in Iraq. Even those 
     critics of the war who want us to withdraw soon or cut our 
     forces substantially acknowledge that the stakes are high. I 
     believe we can agree with our President, who has said, ``This 
     is a massive and difficult undertaking. It is worth our 
     effort, it is worth our sacrifice, because we know the 
     stakes. The failure of Iraq democracy would embolden 
     terrorists around the world, increase dangers to the American 
     people, and extinguish the hopes of millions in the region.''
       At this critical hour, Mr. Chairman, you and your committee 
     have gathered for an exceedingly rare act, the confirmation 
     of a new Secretary of Defense in wartime. The last time this 
     happened was in 1968, when President Johnson nominated Clark 
     Clifford to replace Bob McNamara. Make no mistake about it, 
     history is being made here today.
       Today, Bob Gates is poised to take the helm at the Defense 
     Department at a time of intense debate over the war. Some 
     contend that, with sufficient time and dedication, victory is 
     assured. Yet, there is no denying that, having overthrown 
     Saddam Hussein, we have not secured the peace, that Iraq's 
     borders remain porous, that the interests and destabilizing 
     involvement and Iran and Syria have not been adequately 
     addressed, and that the current power vacuum creates risk of 
     an even larger scale sectarian conflict. At the same time, 
     those who have been calling for withdrawal or massive date-
     certain drawdowns should acknowledge that these are tactical 
     shifts, not a radical overhaul of our policies, that the 
     removal of Saddam from power opened the door to democracy, 
     and that to realize these are goals worthy of sacrifice and 
     that defeat is not an option, but the quality of life in many 
     parts of the country is better than it was 4 years ago.
       In the American experience, wars that enjoy equivocal 
     support from our people usually end with equivocal outcomes. 
     This is why our country must unite behind a strategy for a 
     successful military mission, a viable exit plan, and a 
     recognizable vision for Iraq's future. I agree with the 
     President that Bob Gates is the man to make this happen. He 
     is a person of uncommon resolve, intellect, and strength of 
     character. He has the force of will to exercise civilian 
     control over the military, but be sensitive to respect the 
     wisdom and counsel of our generals and admirals, and the men 
     under them...

  Mr. WARNER. I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, I support the nomination of Robert Gates to 
be Secretary of Defense, as did every member of the Committee on Armed 
Services, under the leadership of Senator Warner.
  Over the last few weeks, I have met personally with Dr. Gates, 
reviewed his record, his response to written policy questions from the 
Committee on Armed Services. I listened carefully to his testimony 
before the committee yesterday. At every stage of the process I have 
been favorably impressed by Dr. Gates' candor, his forthrightness, and 
by the direct answers he has provided to our questions.
  The American people in November demonstrated their strong desire for 
two important changes in our Government. One is a change in policy on 
Iraq. The second is a change in the atmosphere in Washington. On each 
of these issues, Dr. Gates' performance has been exemplary.
  He has also provided a dose of reality and straightforward honesty 
relative to Iraq. Dr. Gates' willingness to identify past mistakes was 
notable. He included in a list of those mistakes, when he was asked, 
inadequate troop levels at the outset of the operation, disbanding of 
the Iraqi Army, de-Baathification measures that went too far. He 
acknowledged we are not winning overall in Iraq, with the important 
caveat that our troops continue to perform superbly and have yet to 
lose a single battle.
  He agreed we need to communicate a sense of urgency to the Iraqis and 
to pressure them to reach a political settlement that only they can 
reach, and that without it there will be no end to the violence, 
regardless of improvements in the Iraqi military.
  Dr. Gates stated that a major change in policy is needed and that all 
obligations need to be on the table.
  He made it clear that he intends to consult with the commanders in 
the field, the Joint Chiefs of Staff, and others before recommending a 
strategy. He stated he would consult with Members of Congress on a 
bipartisan basis. He agreed that we need to more clearly identify our 
objectives and match our forces to those objectives. He spoke favorably 
about the need for specific benchmarks for those efforts and the 
efforts of the Iraqis.
  On the second issue, Dr. Gates placed a strong emphasis on the need 
for bipartisan solutions to our problems in Iraq and other national 
security issues. He spoke in favor of congressional oversight. He 
expressed his desire to work with Members of Congress in both political 
parties.
  Moreover, Dr. Gates stated that our senior military leaders must be 
free to speak truth to power, to express their views directly to the 
President, the Secretary of Defense, and the Congress.
  He also stated that intelligence should not be politicized and that 
intelligence analysts must be free to provide their unvarnished views 
to leaders of both the Congress and the executive branch. He stated to 
the extent the Office of the Under Secretary of Defense for Policy 
prior to the Iraq war provided a separate avenue for the analysis of 
intelligence information outside of the intelligence community that he 
has ``a problem with that.''
  We will make significant progress in Iraq only if a new approach is 
forthcoming. We are not going to make significant progress if we insist 
on circling the wagons, denying any mistakes have been made, and 
staying the course. We are not going to make significant progress until 
the administration comes to grips with what is happening on the ground 
in Iraq and listens to the views of the Congress, the American people, 
and others who have had differences with the administration.
  Dr. Gates' confirmation as Secretary of Defense will not by itself 
solve our problems in Iraq. Indeed, as he acknowledged, the key 
decisions on Iraq will continue to be made by the President of the 
United States, not by the Secretary of Defense.
  On the key issues of Iraq, and the atmosphere in Washington, however, 
his testimony was very encouraging indeed. Dr. Gates' testimony on 
other issues was positive as well. For example, he stated his belief 
that we should engage with North Korea, Iran, and Syria, and that he is 
open to the possibility of doing so on a bilateral basis, even though, 
understandably, he does not have any great expectations that

[[Page S11263]]

such discussions would lead to significant improvements. This kind of 
willingness to engage in at least discussions with those who disagree 
with us has too often been hard to find in the administration.
  I support Dr. Gates' nomination. I wish him luck as he undertakes 
these immense challenges facing the Department of Defense.
  I want to comment on two other issues, one that Senator Warner made 
reference to, and that is the Baker-Hamilton report. That report 
proposes a welcome change in direction for our policy. It urges the 
administration and all of us to come together politically on a 
bipartisan basis. It also suggests that the only way we can maximize 
the chances of success in Iraq is if the Iraqis come together 
politically and take over the responsibility for their own country.
  The ideas they propose in this report are totally consistent with 
what a number of us have been urging for a long time: that we have to 
pressure the Iraqis to take over, that they have to resolve their 
political differences, and that unless those political differences are 
resolved by the Iraqis that there is not going to be an end to the 
violence in Iraq.
  The discussion in this report about reduction in forces is a tool of 
putting pressure on the Iraqis to take responsibility for their own 
future. We cannot be a security blanket in an unlimited way for the 
Iraqis. They, and they alone, are going to decide whether they have a 
nation or whether they have a civil war, and we cannot get in the way 
of the Iraqis if they are determined to have a civil war.
  Finally, I want to say a word about Senator Warner.
  The fact that this nomination is coming to this floor with a 
unanimous vote is, in part at least, the result of the efforts of 
Senator Warner. Obviously, we all have decided that Dr. Gates deserves 
our confirmation. But, as is always the case with Senator Warner, the 
process which was used here was thorough, fair, and consistent with 
senatorial traditions: that we look at nominees, ask hard questions, be 
thorough.
  His respect for this institution is not exceeded by anybody, as far 
as I am concerned, in this institution. It is essential to the Senate 
that we have this kind of respect, not just for each other, as 
important as that is--and clearly his civility in that regard is also 
exemplary--but that we also have great respect for the procedures, 
processes of this institution.
  We gave Senator Warner a little tribute yesterday as we were voting 
in executive session, a little plaque that had three gavels on it. 
Those three gavels represented the three times actually that Senator 
Warner has been the chairman of the Armed Services Committee; one of 
which was kind of unique just because for 17 days in 2001, when the 
Vice President of the United States was Al Gore because the President 
had not been sworn in until January 20, and the Congress was 50-50 on 
January 3, I actually was chairman for 17 days and Senator Warner was 
ranking member for that short period of time before he took over again 
as chairman of the Armed Services Committee. Because of the rules of 
his caucus, which are totally the business of the Republican caucus, 
Senator Warner will now take on other responsibilities in this 
institution. But his civility, his sense of this institution, his 
bipartisanship--which is again reflected in the remarks which he made 
today, and reflected in what he has urged the President to do and what 
he urged Dr. Gates to do in terms of discussions with Members of the 
Congress--that effort on his part is so totally typical of him as a 
human being and him as a leader, who senses that when it comes to 
national security policy and defense policy this country requires 
bipartisanship.

  Maybe in other areas the danger is less of excessive partisanship. 
Maybe in other areas besides national security and defense we can get 
away with being partisan, even though we should not. But in this area 
we cannot, in good conscience, be partisans. We have to be patriots. We 
are going to have different views. Those different views are not 
necessarily going to be divided by this aisle, but those different 
views are respected, they are welcome.
  Senator Warner again expressed the importance of different voices 
being added to a chorus. But at the end that chorus, hopefully, will be 
singing the same song about the security of this country, with 
different voices from different places but talking about the same goal, 
which is the national security of the Nation.
  Another goal which he has championed is the support for the men and 
women of the Armed Forces. They never had a greater champion. They have 
had great champions in this body, on the Armed Services Committee, off 
the Armed Services Committee. They have had great champions. They 
deserve great champions. They have had a great champion in John Warner.
  The men and women of the military who put their lives on the line for 
this Nation deserve the kind of support they get from John Warner. He 
is an example that all of us follow, I hope, or at least try to follow 
when we look at what the needs are of the men and women of the Armed 
Forces in uniform, and out of uniform, who take the risks for us and 
whose families take the tragic losses and have to face those losses 
every moment of every day in that their loved ones are in harm's way.
  So I just want to--as we bring, I guess, this last nomination to the 
floor, which is brought to the floor by Senator Warner as chairman of 
the committee--pay him tribute on behalf of the whole committee. We 
all, in our own way, speak to him about it, sometimes privately and 
personally, other times very publicly, like this is. But I just want to 
let him know that he has not only been one great friend, his wife 
Jeannie and Barbara and I have been great friends, and we will continue 
to be.
  As he frequently points out, we came here together, which is a 
special bond between us--which it is for all Members of the Senate. 
Members of their class are usually the ones they are closest to, just 
like in high school. That has nothing to do with party labels or 
affiliations. That has everything to do with relationships, going 
through the same process together and going through the same hoops and 
jumping the same hurdles together.
  We have done it together. I relied on him more than he will ever 
know, and I will continue to rely on him as a member of the committee. 
But as I undertake my new responsibilities, I, again, not only will 
continue to cherish his advice and friendship, but I will be relying on 
it almost as much as ever.
  I thank him, I know, on behalf of all the members of the committee.
  The PRESIDING OFFICER (Ms. Murkowski). The Senator from Virginia.
  Mr. WARNER. Madam President, I am deeply touched by my colleague's 
comments. We have stood toe to toe on this floor. How many times have 
we walked right out here and looked each other in the eye, and 
sometimes with a great deal of ferocity disagreed on matters? But I 
suppose if you ever asked Members of the Senate what their greatest 
reward for service in the Senate would be, certainly high among those 
rewards is the personal association with Members.
  I have calculated, I say to the Senator, in the time we have been 
here these 28 years there have been 241 different Senators we have come 
to know and shared the work of this great institution. We have shared 
it with them. But you have been very special, a good friend. We do not 
always agree, but that is all right. That is one of the foundations of 
this country. But I do hope perhaps together we can work on forging 
this consensus which I feel so strongly about, and you feel so strongly 
about, because this is one of the most unusual chapters of the history 
of America.
  I say to the Senator, you mentioned my association with the men and 
women of the Armed Forces. I was privileged to serve as a 17- or 18-
year-old sailor in the last year of World War II and later in the 
Marines during the Korean conflict. I mention that only because my 
military active duty is of no great consequence. I just did what 
millions of others have done--no great valorous contribution, but I did 
my duty. But I got to know those people and what it is that inspires a 
young person to volunteer.
  Then my work as Secretary of the Navy in the final years of that 
turbulent period in Vietnam, we emerged with the All-Volunteer Force, 
which is

[[Page S11264]]

the most extraordinary military force in the world today. Nothing 
comparable.
  If you look back in military history, there used to be not only 
conscripts, but they used to go out and lock them up. It is noted in 
the Navy, they would go back and hijack innocent civilians and put them 
onboard ships, and the Navy would keep them there for 2 years. They 
never got off the ships. But today we have this All-Volunteer Force. 
And decisions in the military are made around the dinner table--we say, 
the families--and therefore they are a vital part of it.
  So I am so proud to work with you and the members of the committee. 
And I say to the Senator, you are going to do a fine job as chairman. 
You had that briefly for a while, and now you have it again. We are 
there to support you in your capacity as chairman and do everything we 
can.
  I hope one of the earliest challenges out of the box, as we say, in 
January 2007--just weeks away, surprisingly--will be that we can work 
on a consensus in the supporting of our President and supporting the 
men and women of the Armed Forces as we chart the future direction for 
Iraq and other conflicts.
  I mentioned the report of the Baker commission, I say to Senator 
Levin. I am just looking through it. We were both in there this 
morning. But they said the following on the first page:

       Our country deserves a debate that prizes substance over 
     rhetoric, and a policy that is adequately funded and 
     sustainable. The President and Congress must work together. 
     Our leaders must be candid and forthright with the American 
     people in order to win their support.

  The reason I urged the President to come and visit privately with the 
leadership of the Congress before his final decisions was a reflection 
of the mandate of the people in this most recent election. I believe 
they spoke very loudly. This war was heavily influencing the judgment 
they made when they went to those polling places.
  This report stresses the need for that public support. The young men 
and women who go out and take these burdens on want to feel that every 
American citizen is behind them as they perform their duties.
  Further, this report says, on the next page:

       What we recommend in this report demands a tremendous 
     amount of political will and cooperation by the executive and 
     legislative branches of the U.S. Government.
       It demands skillful implementation. It demands unity of 
     effort by government agencies, and its success depends on the 
     unity of the American people in a time of political 
     polarization. Americans can and must enjoy the right of 
     robust debate within a democracy. Yet, U.S. foreign policy is 
     doomed to fail--as is any course of action in Iraq--if it is 
     not supported by a broad, sustained consensus. The aim of our 
     report is to move our country toward such a consensus.

  We have had two chapters. We have had this and the vote of the 
committee yesterday. I do not wish to predict the vote that will take 
place, but in my heart of hearts, I think there will be a strong 
consensus when, hopefully, the vote on Mr. Gates is taken in the 
Senate.
  I thank my colleague for his strong effort to make all of this 
possible.
  I believe our colleague from Texas wishes to address the Senate.
  The PRESIDING OFFICER. The Senator from Texas is recognized.
  Mrs. HUTCHISON. Madam President, I have a motion which is in order, 
but I need to hold off because another person involved is not here. I 
have given him my word that I would wait. So if Senator Levin has 
something to proceed with, I suggest that Senator Levin proceed.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Madam President, Senator Kennedy is here. I ask unanimous 
consent that after Senator Kennedy has completed, Senator Hutchison be 
recognized again in the event she is prepared to go at that time.
  Mrs. HUTCHISON. Madam President, I just ask how long does Senator 
Kennedy expect to speak?
  Mr. KENNEDY. Probably 6, 7 minutes.
  Mrs. HUTCHISON. I thank the Chair.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  The Senator from Massachusetts is recognized.
  Mr. KENNEDY. Madam President, before making these comments on the 
Baker-Hamilton report and on the nominee for Secretary of Defense, I 
join with my colleagues on the Armed Services Committee in paying 
tribute to an extraordinary friend and incredible Senator and a 
magnificent leader, the chairman of the Armed Services Committee. I 
think all of us who have been on that committee know of its importance 
in terms of its responsibilities for the security of our country. It 
has been a place of extraordinary leadership historically for this 
Nation at very challenging times.
  Having had the greatest public honor of representing the people of 
Massachusetts and being on that committee now for some 25 years, I join 
my friends in the unanimous acclamation to a very extraordinary 
individual, our chairman, John Warner. I thank him so much for his 
service to our country over a long and very distinguished career. I 
grew up in a family that believed that individuals can make a 
difference, and John Warner has made an extraordinary difference to 
this Committee, to the Senate, and to the country. I consider myself 
fortunate to have served on the committee and to call him my friend.
  Mr. WARNER. Madam President, from the depth of my heart, I express my 
appreciation to the Senator and others who have reflected those 
sentiments.
  Mr. KENNEDY. Madam President, this morning the Iraq Study Group 
issued a stunning indictment of the administration's policy toward 
Iraq.
  The study group has concluded that the ``situation in Iraq is grave 
and deteriorating'' and that ``sectarian conflict is the principal 
challenge to stability.''
  The group's report explicitly rejects the strategy of staying the 
course. As it states, ``Current U.S. policy is not working, as the 
level of violence in Iraq is rising and the government is not advancing 
national reconciliation. Making no changes in policy would simply delay 
the day of reckoning at a high cost. Nearly 100 Americans are dying 
every month.'' Truer words were never spoken.
  The study group calls for ``new and enhanced diplomatic and political 
efforts in Iraq and the region, and a change in the primary mission of 
U.S. forces in Iraq that will enable the United States to begin to move 
its combat forces out of Iraq responsibly.''
  Significantly, this group of distinguished leaders has called 
unanimously for change in our military mission of engaging in combat 
directly to a new mission of supporting the Iraqi army and beginning to 
withdraw our combat troops. The report sets a clear goal for achieving 
this shift in mission and beginning the redeployment of our forces by 
the first quarter of 2008. The report states clearly that ``the United 
States must not make an open-ended commitment to keep large numbers of 
American troops deployed in Iraq.''
  Instead, the report calls for clear commitments from the Iraqi 
government on reconciliation, along with clear consequences for our 
military, political, and economic assistance if the commitments are not 
met.
  The report also calls for talks that include all of Iraq's neighbors 
in the region, especially Iran and Syria, and for a new diplomatic 
initiative to resolve the Israeli-Palestinian conflict.
  The American people are demanding change in Iraq, Robert Gates, the 
nominee for Secretary of Defense, has agreed we need change, and now 
the bipartisan Iraq Study Group recommended a clear change in the way 
forward in Iraq.
  The verdict is in. There can no longer be any doubt that the violence 
and chaos in Iraq are getting worse, that our current strategy is 
failing, and that we need to work together on a new strategy that will 
make it possible for us to bring our troops home. The only question is 
whether the White House will heed this clarion call and agree to change 
the perilous course we have been on in Iraq since Saddam Hussein fell 
and the chaos began.
  More of the same failed policy that depends on an open-ended 
commitment of our military will not bring America closer to success. It 
will not stop the violence. It will only continue to undermine our own 
national security interests.
  Iraq is the defining issue of our time, and the person who will have 
a major

[[Page S11265]]

voice in meeting the enormous responsibility of recommending the new 
course will be the new leader we are confirming today as the Secretary 
of Defense.
  The American people are demanding far more than a change of faces at 
the Pentagon. They are demanding--and they deserve--a comprehensive 
change in our policy so that we finally have a policy on Iraq that is 
worthy of the enormous sacrifice, commitment, and valor of our men and 
women in uniform.
  Although I voted against the nomination of Robert Gates to head the 
CIA in 1991, I support his nomination to be Secretary of Defense, 
because he assured the committee that he would be an independent 
thinker and give candid and frank advice to the President about a way 
forward in Iraq.
  During the confirmation hearing yesterday, Dr. Gates spoke with 
candor--a candor that has been sorely missing from the Department of 
Defense under this administration. He recognized the high price that 
our troops are paying for the current policy.
  He clearly stated that we are not winning in Iraq and that all 
options for a way forward are on the table.
  He assured me personally that he would speak candidly, frankly, and 
boldly to people at both ends of Pennsylvania Avenue about what he 
believes and what he thinks needs to be done. He told me that he is not 
coming ``back to Washington to be a bump on a log.'' He assured me that 
he will be ``independent'' and that he ``will consider all of the 
options.''
  He said that he is open to dialogue with Iran and Syria.
  We all hope the administration will quickly set a new course that 
will enable our troops to begin to come home. We need more than a new 
face--we need a new policy.
  Our men and women in uniform who are making the ultimate sacrifice in 
Iraq deserve no less, and I look forward to working with Dr. Gates on 
these important issues in the months and years ahead as he assumes the 
responsibility of Secretary of Defense.
  I yield the floor.
  Mr. WARNER. Madam President, I thank our colleague for his 
distinguished participation on our committee for these many years. He 
was with us all day yesterday in regard to the hearing. The Senator's 
questions were very pointed. I am delighted to hear of his support.
  At this time, I think the Senator from Texas is ready.
  Mrs. HUTCHISON. Madam President, we are still in negotiation on the 
point. If no one else is here, may I make my statement on behalf of Bob 
Gates?
  Mr. WARNER. Absolutely. Now would be the time to do it.
  I wish to inquire of the Presiding Officer, is there not an order to 
stand in recess at 12:30?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. WARNER. I hope at that time we can make a unanimous consent to 
take such time as the Senator needs.
  Mrs. HUTCHISON. Madam President, I ask unanimous consent that we be 
able to move that adjournment time until after the motion I wish to 
make is done and Senator DeMint has a chance to respond.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mrs. HUTCHISON. Madam President, I would like to take this 
opportunity to speak on behalf of Dr. Robert Gates to become the next 
Secretary of Defense. I am very pleased to stand in support of this 
great man. I have gotten to know him, working with him as president of 
Texas A&M University and, before that, as the head of the Bush Library 
there. I have found him to be a thoughtful, visionary leader who is a 
perfect fit for what we need in the Department of Defense at this 
crucial time.
  I was very pleased to see the Senate Armed Services Committee 
overwhelmingly and unanimously approve his nomination and bring it to 
the floor. I thank Chairman Warner and Ranking Member Levin for acting 
expeditiously on the nomination because, of course, when there is a 
transition in place, you need to have the leader confirmed.
  American military personnel are bound by the core values of duty, 
honor, and country. GEN Douglas MacArthur articulated this during his 
famous address to cadets at West Point in 1962.
  Dr. Bob Gates certainly understands the meaning of these values. Dr. 
Gates had not anticipated returning to Government service. He said he 
has never enjoyed any position more than being president of Texas A&M 
University. That makes me proud in itself. But in wartime, he said he 
could not refuse the President's request.
  Over the last 40 years, Dr. Gates has gained experience that makes 
him uniquely qualified to serve as our 22nd Secretary of Defense. He 
stands ready to provide leadership that America needs to achieve 
victory in the war on terror. He has been a commissioned officer in the 
Air Force, serving in the Strategic Air Command. He holds a Ph.D. in 
Soviet history from Georgetown University. He has held numerous 
positions within the intelligence community, including Director of the 
CIA and Deputy National Security Adviser. In 2002, he became president 
of Texas A&M, our Nation's sixth largest university.
  Most recently, he was also a member of the Iraq Study Group that has 
just made its report today. He was a member until his nomination as 
Secretary of Defense. I believe that also has provided him with a good 
background on what is needed on the issue he faces so starkly right 
now; that is, what we do in Iraq, what do we do that allows the Iraqi 
people to have a government that is stable, a government that cannot be 
overrun by outside forces, and a government that will be stabilized 
itself for the good of its own people?
  Dr. Gates' background is going to be perfect also at this particular 
time because he has worked across the aisle. He has worked in 
intelligence, which is not a partisan issue. So I believe his 
experience and his ability--acknowledged by all--to work with others is 
the right formula for leading our Department of Defense and working as 
one of the President's closest advisers.
  I am very pleased that he has accepted this huge challenge. Texas A&M 
is a great university. It is a university that has a unique spirit, and 
it is a military spirit. So many of our heroes from past wars have 
graduated from Texas A&M University. He has kept this military 
connection, his intelligence connection, and his ability to work with 
others, all making him the very best choice for the President.
  I, for one, know this man and am very confident that he is the right 
choice. I look forward to working with him to make sure we are doing 
the right thing in the war on terror, which is bigger than just Iraq. 
It is Afghanistan. It is all over the world where terrorists are 
harming people and are taking away part of the freedom for which we 
stand. And we don't want that to happen. We have to beat the 
terrorists, and I want to beat them where they are, not have them come 
to America ever again and hurt American citizens and people who live 
and work in America.
  I think Bob Gates is the right person to advise the President, to 
work with the President, to implement the President's policies and 
bring this war to a conclusion with only one thing to be said, and that 
is, a conclusion that is a victory.
  Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. HUTCHISON. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                  Unanimous Consent Request--H.R. 5385

  Mrs. HUTCHISON. Madam President, I rise today to speak on behalf of 
the brave men and women who are defending our country around the world 
and for those valiant veterans who have served and are now home.
  On November 14, this Senate passed the Military Construction and 
Veterans Affairs appropriations bill. I was on the Senate floor for 5 
hours, and every Senator had ample time to debate any part of this 
bill. Several Senators spoke. In the end, this bill was agreed to by 
the entire Senate by a unanimous vote. It is a good bill. It is a 
bipartisan bill. It is one that we have worked on together for months.

[[Page S11266]]

  We are at war. We have to care for the men and women fighting this 
war, and we have to take care of them when they return. This bill funds 
the vital infrastructure our brave soldiers, sailors, and airmen and 
women need to defend our country. They must have the funding to operate 
bases with sufficient facilities and protection so they can fulfill the 
mission we ask of them.
  The bill also provides critical dollars to care for those veterans 
who were injured in battle. This bill provides funds for medical 
services and mental health treatment for veterans suffering from the 
wounds they received in battle. They are not only suffering from 
obvious wounds, thousands are suffering from traumatic shock and mental 
anguish. Thousands are suffering from diseases for which we don't even 
have a treatment. This bill funds the research for that treatment.
  As a nation, we ask our men and women to defend and protect us. We 
owe it to them. We have an obligation to care for them. It is a moral 
obligation and one that I feel is my responsibility to fulfill.
  If we adjourn without completing our work on this bill, we will let 
those men and women down. We will let down every American they swore an 
oath to protect and serve.
  Madam President, I ask unanimous consent that the Senate proceed to 
the immediate consideration of H.R. 5385, the Military Construction 
appropriations bill; that the Senate insist on its amendment, request a 
conference with the House, and the Chair be authorized to appoint 
conferees.
  The PRESIDING OFFICER. Is there objection? The Senator from South 
Carolina.
  Mr. DeMINT. Madam President, reserving the right to object, let me 
say that I strongly support this legislation that will maintain and 
improve the quality of life for our military personnel. I believe that 
the Senator from Texas, the chairwoman of the subcommittee, has done an 
excellent job with the bill.
  I am also pleased that the Senator from Texas obviously feels there 
is still time to conference this bill, since the House committee has 
been saying in the newspapers that there is not enough time. I agree 
with Senator Hutchison that if we appointed conferees today, with some 
hard work, this bill could get finished.
  I, also, add that the Senator from Texas is committed to keeping this 
bill clean in conference, which we greatly appreciate. I agree with her 
that we are at war, but those of us who sent our troops to war should 
not be back home selling out the country for which they are fighting. 
It is my understanding that the chairman of the Appropriations 
Committee has refused to make the assurances that we need to keep this 
bill clean in conference and, therefore, if I consent to letting this 
bill go to conference, there is a risk that it will return to the 
Senate as a foot-tall Omnibus appropriations bill, with thousands of 
earmarks in an unamendable form. Therefore, Madam President, I object.
  The PRESIDING OFFICER. Objection is heard. The Senator from South 
Carolina.
  Mr. DeMINT. Madam President, over the last several weeks, I have made 
it clear that I believe this bill, which is a good bill, needs to stay 
clean of additional appropriations and earmarks if it is to go to 
conference. I was asked by the members of the Senate steering committee 
to protect their interests in keeping these appropriations bills clean.
  I informed the leader that the steering committee did not believe it 
was wise to send a bill to conference without an understanding of what 
the conference agreement would look like. I have made it clear that all 
we want is a commitment from the leadership and the Appropriations 
Committee that this is what will happen. I am not looking for anything 
extraordinary, a unanimous consent agreement or anything like that. We 
would be satisfied with a commitment from the chairman of the committee 
or the leadership that this is what will happen.
  At one point, it appeared that we had such an agreement. Leader Frist 
asked me to put on paper what our specific concerns were to avoid any 
confusion. I did so.
  I ask unanimous consent that a copy of this letter from myself, 
Senator Coburn, and Senator Inhofe be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                         United States Senate,

                                 Washington, DC, December 4, 2006.
     Hon. Bill Frist,
     Majority Leader U. S. Senate, Washington, DC.
       Dear Mr. Leader, We share your commitment to addressing the 
     needs of our veterans, service members, and their families, 
     while protecting the interests of hard working American 
     taxpayers. As we have said from the beginning, we will 
     support a clean Military Construction, Military Quality of 
     Life, and Veterans Affairs conference report, as long as it 
     is not used as a vehicle for a pork-laden omnibus.
       Therefore, we hereby reiterate our support for a conference 
     if, and only if, it is limited to producing a military 
     construction and veterans spending conference report and 
     potentially a clean continuing resolution for the remaining 
     unfunded appropriation bills to ensure the uninterrupted 
     operations of the Federal government.
       Additionally, with respect to the military construction and 
     veterans spending legislation--
       1. Each spending provision or directive language in either 
     the text of the final legislation or the statement of the 
     managers must meet one of the following criteria--
       a. it is authorized in current law, and the amount in the 
     conference report does not exceed the authorized level;
       b. it was requested in the President's Budget, and the 
     amount in the conference report does not exceed the amount in 
     the President's Budget;
       c. it is listed on the Future Years Defense Plan and the 
     amount in the conference report does not exceed the amount in 
     the Future Years Defense Plan.
       2. Each spending item contained in the conference report 
     must be contained in either the House or Senate bills and 
     must not exceed the higher of the two amounts for that 
     specific provision.
       3. The total spending level in the Military Construction 
     and Veterans Affairs and Related Agencies Appropriation Bill 
     shall not exceed the current 302(b) allocations.
       Thank you for your leadership and willingness to do the 
     right thing for American taxpayers.
           Sincerely,
     Jim DeMint,
     Tom Coburn,
     Jim Inhofe.

  Mr. DeMINT. Madam President, the leader then told me he wanted to 
talk with Senator Hutchison and the chairman of the Appropriations 
Committee before he responded to the letter. Senator Hutchison agreed 
to the parameters of the letter. The chairman of the committee, 
however, felt that he could not agree to the request we made in the 
letter. Unfortunately, that means the Military Construction bill will 
have to wait until next year.
  I take my colleague from Texas at her word when she says she will 
keep the bill clean. I know she will keep the bill clean. However, when 
the chairman of the committee says he will not make such a commitment, 
I must take him at his word as well. I believe the veterans and 
military projects need to be funded and should not be used as a vehicle 
for unrelated, wasteful earmarks.
  Let me explain how we got to this point. In the November 7 elections, 
one of the top issues for the voters was wasteful spending. While we 
have done some things to control taxes and spending, we have not done 
nearly enough, and the voters are right. Earmarks have gone up in 
numbers every year and are now at an all-time high. If this does not 
end, we will never regain the trust of the American people.
  When the military construction and veterans spending bill passed the 
Senate, I strongly supported it. However, it was clear that the intent 
was to use the bill as a shell to carry the Omnibus appropriations bill 
and other add-ons. Because the scope of the conference rules has become 
so relaxed, the conferees, under our rules, would have the ability to 
put into the bill any projects they please, with no opportunity for us 
to amend them or even vote, except on final passage of the bill, which 
would be overwhelmingly approved.
  The conference process has rendered the Senate floor consideration of 
bills almost irrelevant. Nothing we do in this Chamber matters until a 
bill goes to conference. When a bill goes to conference, conferees may 
remove provisions that are in both the House and the Senate bills, even 
if they were approved by both Houses overwhelmingly. Conferees may add 
provisions that are unrelated to either bill.
  Through this process, a clean Military Construction bill could grow 
into a foot-tall Omnibus appropriations bill, with thousands of 
earmarks and wasteful spending. The process is flawed, and

[[Page S11267]]

it cannot continue this way. When a bill comes back that funds the 
entire Government and we are forced to vote for the bill or shut down 
the Government, that bill is going to pass. This means that if I 
consent to letting this bill go to conference, I am essentially 
consenting to enact whatever the conferees want to insert in the bill 
unamended.
  We put a lot of trust in our conferees, and all I was asking was for 
an understanding from the committee that we know, at least in general, 
where the conference will be headed. I have not been able to get this 
commitment. I was given no information and no assurances.
  Therefore, I am compelled to do what I think is right to protect the 
taxpayers and to provide integrity and accountability in the spending 
process.
  Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Madam President, let me say right upfront, I hope 
this objection will go away sometime today. I think we are talking 
about whether something is done in writing or whether it is semantics. 
I didn't have to agree to what was in the letter that was written to 
the leader because our Military Construction bill meets all of the 
criteria they set forth. I didn't have to agree to their letter because 
everything in our bill is authorized or it is in the President's bill 
or it is in the future years' designations of priority by the 
Department of Defense. That is called a FYDP. It meets those criteria. 
We don't put provisions in our military construction conference 
committee reports that are not in the House or Senate bill.
  All I can do is give my word that this is not going to turn into an 
omnibus. I am giving my word it is not going to be an omnibus. It is 
going to be the Military Construction and Veterans Affairs bill that 
was passed unanimously by the Senate.
  I hope that all of the relevant parties will be able to sit down 
because I can't call this up for a vote. It would be spread out for so 
long as to lose the ability to go to conference. The House is planning 
to go out of session at the end of this week. I would stay here for 2 
weeks to finish this bill because there is so much in it that is 
important. It is all new starts. This bill is filled with the 
priorities that the Department of Defense has in facilities on military 
bases all over this country, including quality-of-life housing for our 
military men and women. It has veterans affairs priorities and 
increases in funding for mental health and for research into post-
traumatic stress syndrome. There are many items in this bill that will 
not be covered in a continuing resolution.
  I hope we will all be able to sit down together. I hope the House 
will cooperate if we send this conference committee request to them. I 
am prepared to work all night and all day tomorrow to try to fit all of 
the timeframes.

  Let me end by saying that we are very close between the House and the 
Senate. I think we can work out the differences between the House and 
the Senate. I am saying right now this will not turn into an omnibus 
appropriations bill. It will be a bill that funds military housing and 
quality of life for our men and women in the military and their 
families, and it will have the new starts that cannot be covered by a 
continuing resolution. We certainly meet the criteria or the Senate 
wouldn't have passed the bill unanimously.
  So I am not saying the Senator from South Carolina is wrong in his 
statements about what happens in conference committee reports in many 
other areas and in the history of the Senate. He is right. Sometimes a 
conference report will turn into an omnibus, and sometimes you find 
things that are not in either the House or Senate bill. But I am saying 
today that would not be the case in our bill, nor has it been the case 
that I can remember in past bills. Maybe I am forgetting something. But 
by and large, our bill is straightforward. And by and large, our bill 
is supported by the entire Senate. It is not very far from the bill 
that the House passed, and I think if we all put our minds to this and 
put away--I don't think our leadership would be required to sign a 
letter and I don't think the chairman of the Appropriations Committee 
should be required to sign a letter. I think we should be good for our 
word around here. If we are not, then we have lost the spirit of this 
institution.
  So I am saying today that I am going to go back to the drawing board. 
I am going to work with the Senator from South Carolina and the 
Senators from Oklahoma. I am going to work with my counterparts on the 
House side, and I am going to try to get a bill through here, and I am 
not going to stop trying for the rest of the time that one of our 
Houses is in session. I think we owe it to our men and women in the 
military, we owe it to the veterans who have already served. We owe it 
to those people who are coming back here without limbs that we are 
funding at additional levels, not only the prosthetics but also the 
training on how to be proficient in using those artificial limbs. Madam 
President, I think we can do it. I am committed to trying, and I hope 
everybody who is involved in this process will also try.
  Let me also add that my counterpart, Senator Feinstein, who is the 
ranking member of this subcommittee, is in full support of this bill. I 
have talked to her about the issue I am trying to address, and she is 
ready to go to conference. I do believe that if we will sit down and 
talk with everyone who is interested, everybody would be satisfied that 
we will keep our word and we will do what we intended to do, anyway, 
which is conference a bill that is going to take the differences in the 
House and Senate bills and resolve those differences. That is what we 
are supposed to do, and that is what I am committed to do.
  Madam President, I yield the floor.
  Mr. KENNEDY. Madam President, I know we have the call for party 
luncheons. I have some comments which are heartfelt about a colleague 
of ours, Paul Sarbanes, and I wonder if the Chair would indulge us for 
a few minutes to be able to make these comments now. We are debating 
the Secretary of Defense, but we have set that aside until after the 
conferences of our parties. Would it be permissible with the Chair if I 
made some brief comments?
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. I thank the Chair for her courteousness and 
understanding.
  (The remarks of Mr. Kennedy are printed in today's Record under 
``Morning Business.'')

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