[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
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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
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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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