[Congressional Record Volume 161, Number 24 (Thursday, February 12, 2015)]
[Senate]
[Pages S958-S961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                            Lynch Nomination

  It is a disappointment that contrary to what was done for Dr. Carter, 
Republicans on the Judiciary Committee chose to hold over for another 
two weeks another critical nomination, that of Loretta Lynch to be the 
Attorney General of the United States, the Nation's chief law 
enforcement officer.
  Loretta Lynch is a renowned prosecutor, twice unanimously confirmed 
by the Senate. She has worked to put criminals behind bars for such 
crimes as terrorism and fraud. Some Members of this body said these 
terrorists should be held in Guantanamo because we, the most powerful 
nation on earth, should be afraid to try them in our Federal courts--
the best court system in the world. She showed a lot more courage. She 
said, we will try these terrorists in our Federal courts, and we will 
show the rest of the world America is not afraid--and it worked. She 
got convictions. Now, the President announced the nomination of Ms. 
Lynch nearly one hundred days ago. It has been more than two weeks 
since she testified before the Judiciary Committee. In addition to 
nearly eight hours of live testimony, she has responded to more than 
600 written questions. Her nomination has been pending for longer than 
any modern Attorney General nominee.
  I contrast this to another nominee. In 2007, Democrats, who had been 
in the minority, took back over control of the Senate. President Bush 
had had an Attorney General, a man who, by just about any objective 
standard, had been a disaster. He was removed, and President Bush 
nominated Michael Mukasey to serve as Attorney General. It took only 53 
days from the time his nomination was announced to his confirmation. 
That included doing all of the background checks and having the 
hearings. And then, after Mr. Mukasey's hearing, of course under our 
rules we could have held his nomination over in Committee, but I asked 
the Committee not to and we did not. While I ultimately voted against 
Mr. Mukasey because of his responses relating to questions on torture, 
as Chairman I made sure to have the Committee act quickly on him. In 
fact, I held a special markup session in order for the Committee to be 
able to report his nomination as soon as possible, because the 
President should have an Attorney General--and he was confirmed by the 
Senate two days later. Now, Republicans should extend the same courtesy 
with respect to Ms. Lynch's nomination to serve as the Nation's top law 
enforcement officer.
  I look forward to working with Dr. Carter. I am not suggesting we 
should hold him up because they are holding her up. Of course not. He 
should be confirmed, as she should be confirmed, and

[[Page S959]]

I look forward to working with Dr. Carter on issues of great importance 
to Vermonters and to the Nation, particularly concerning our continued 
diplomatic efforts to end Iran's nuclear program, in halting and 
reversing the proliferation of landmines around the world, in 
responsibly managing the Pentagon, and in supporting our servicemembers 
at home and abroad.
  And I look forward to working with Loretta Lynch when the Senate 
ultimately confirms her nomination, as it will. I urge the Republican 
Leader to serve the national interest by scheduling a confirmation vote 
on her nomination as soon as she is reported by the Senate Judiciary 
Committee on February 26. She has already waited far longer for a 
confirmation vote than any Attorney General in modern history, and she 
should be confirmed just as Dr. Carter is going to be.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I rise to join my friend and colleague 
from Rhode Island, Senator Reed, in supporting the nomination of Dr. 
Ash Carter to be Secretary of Defense. I am confident Senator Reed and 
I feel we have had a very good nomination hearing and that Dr. Carter 
is qualified to be the Secretary of Defense.
  I have known Dr. Carter for many years during his lengthy service in 
Washington. He is one of America's most experienced defense 
professionals, respected by Republicans and Democrats alike.
  He has served as Assistant Secretary of Defense for Global Strategic 
Affairs, Under Secretary of Defense for Acquisition, Technology and 
Logistics, and most recently as Deputy Secretary of Defense. In these 
positions, I have known him to be an honest, hard-working, and 
committed public servant. I have had the opportunity to work together 
with Dr. Carter on several issues of shared concern, especially trying 
to reform the Defense Acquisition System, improving financial 
management of the Department, and repealing and rolling back 
sequestration.
  I was also pleased to hear Dr. Carter explain his views on a number 
of critical national security issues at his confirmation hearing 
earlier this month.
  On Afghanistan Dr. Carter told the committee he would consider 
revisions to the size and pace of the President's drawdown plan if 
security conditions warranted. To achieve the success that is possible 
there, he urged the United States to ``continue its campaign and finish 
the job.''
  Dr. Carter indicated he is very much inclined in the direction of 
providing defensive lethal arms to help Ukraine resist Russian 
aggression.
  He pledged to do more to streamline and improve the Defense 
Acquisition System that takes too long and costs too much, and Dr. 
Carter agreed it is time to roll back sequestration because, in his 
words, ``it introduces turbulence and uncertainty that are wasteful, 
and it conveys a misleadingly diminished picture of our power in the 
eyes of friends and foes alike.''
  America is confronted with a diverse and complex range of national 
security challenges. A revisionist Russia, a rising China, and radical 
Islamist groups each seeking in their own way to fundamentally 
challenge the international order as we have known it since the end of 
World War II, a system that cherishes the rule of law, maintains free 
markets and free trade, and relegates wars of aggression to their 
rightful place in the bloody past.
  We need a coherent national security strategy incorporating all 
elements of America's national power to sustain and defend the 
international order that has produced and extended security, 
prosperity, and liberty across the globe.
  We need to stop holding our military hostage to domestic political 
disputes and send an unmistakable message to friend and foe alike that 
America intends to lead in the 21st century by repealing sequestration 
immediately.
  We need to reform our Defense Acquisition System to restore 
confidence that every defense dollar is spent well and to ensure that 
the men and women in uniform are getting the training and equipment 
they need on time and at a cost acceptable to the taxpayer.
  That is why America needs a strong Secretary of Defense now more than 
ever. I think Dr. Carter will be a good Secretary of Defense, who will 
always keep faith with our men and women in uniform and work tirelessly 
on their behalf and that of our national security. I am hopeful about 
the prospects of working together with Dr. Carter, along with my 
colleagues in the Senate Committee on Armed Services on both sides of 
the aisle, to achieve our shared priorities, especially the reform of 
our Defense Acquisition System, the modernization of our military 
compensation system, and the repeal of sequestration.
  But when it comes to much of our national security policy, I must 
candidly express concern about the task that awaits Dr. Carter and the 
limited influence he may have.
  Two of his predecessors, Secretary Gates and Secretary Panetta, have 
severely criticized White House micromanagement of the Defense 
Department and overcentralization of foreign and defense 
policies. According to numerous news reports, Secretary Hagel 
experienced similar frustrations with the insular and indecisive White 
House national security team over issues ranging from ISIL to Ukraine, 
detention policy to sequestration.

  Dr. Carter is a worthy choice for Secretary of Defense. He has the 
experience, knowledge, and skill to succeed. The Armed Services 
Committee voted unanimously to approve his nomination last week, and I 
will gladly vote to confirm him today. I do so with sincere hope, and 
sadly, little confidence that the President who nominated Dr. Carter 
will empower him to lead and contribute to the fullest extent of his 
abilities. At a time of global upheaval and multiplying threats to our 
security, the American people need and deserve nothing less.
  I thank my colleague from Rhode Island for his cooperation and 
coordination with the hearing and for his input and influence which led 
to a unanimous vote from the committee.
  I yield the floor for my friend and colleague from Rhode Island.
  The PRESIDING OFFICER (Mr. Flake). The Senator from Rhode Island.
  Mr. REED. Mr. President, I commend the chairman for his very clear 
and thoughtful conduct of these hearings with respect to Dr. Carter. 
The reason we are here today on the verge of a very strong vote for Dr. 
Carter to be the next Secretary of Defense is due to the contribution 
that Chairman McCain has made to this process, which was extremely 
thoughtful and bipartisan. I thank him again for that.
  Mr. President, I join Senator McCain, and I not only commend him for 
his leadership but I also wish to express my strong support for the 
nomination of Dr. Ashton Carter to be the 25th Secretary of Defense. 
Dr. Carter is uniquely qualified to lead the Department of Defense at a 
time when--as Henry Kissinger recently said in a hearing before the 
Armed Services Committee--``the United States has not faced a more 
diverse and complex array of crises since the end of the Second World 
War.''
  Dr. Carter was born and raised in Philadelphia. He received a 
bachelor's degree in physics and medieval history from Yale and a 
doctorate in theoretical physics from Oxford, where he was a Rhodes 
Scholar.
  During his career, Dr. Carter has already held three critical 
positions in the Department of Defense: Assistant Secretary of Defense 
for Global and Strategic Affairs in the Clinton administration; Under 
Secretary of Defense for Acquisition, Technology and Logistics from 
2009 to 2011; and most recently, Deputy Secretary of Defense from 2011 
to 2013. He is well aware of, and has already been deeply immersed in, 
many of the significant challenges facing this Nation and the Defense 
Department.
  As Deputy Secretary of Defense, Dr. Carter was a critical player in 
the discussions and decision making on a myriad of international 
issues--issues that will continue to need the close attention in his 
tenure as Secretary of Defense.
  I wish to name just a few. While the Secretary of Defense is not a 
party to the negotiations relating to Iran's nuclear program, the 
Secretary will undoubtedly be responsible for any number of potential 
contingencies. In the event of a breakdown in the negotiations, the 
consequences could alter the face of the region for generations and 
generations to come, and the Secretary

[[Page S960]]

of Defense will be intimately involved in shaping the reaction.
  Another area of deep concern is ISIL. Their violent campaign in Iraq 
and Syria to establish an extremist caliphate threatens to erase 
borders, destabilize the region, and create a breeding ground for 
foreign fighters willing to return to the West to carry out attacks 
against the United States and our allies. The Department must provide 
critical leadership in a coalition effort that includes Arab and Muslim 
States to degrade and ultimately defeat ISIL while being careful to 
ensure that the United States does not end up, as Brent Scowcroft and 
Dr. Brzezinski indicated to us in a hearing before the committee, 
``owning'' some of these conflicts in Syria and elsewhere.
  In Afghanistan the hard-won gains of the past decade are significant 
but remain fragile. As the Afghan National Security Forces continue 
taking over responsibilities to secure Afghanistan, the United States 
and coalition forces have transitioned to a more limited mission of 
training and assisting the Afghan forces and conducting 
counterterrorism operations. Yet it remains to be seen whether 
conditions on the ground in Afghanistan will improve sufficiently by 
the end of 2016 to warrant the pace of further reductions under the 
current plan. Dr. Carter's participation in evaluating that plan will 
be absolutely critical.
  Russia's aggression against Ukraine has raised tensions in Europe to 
a level not seen in decades. Recently separatists in eastern Ukraine, 
with substantial Russian equipment, training, and leadership, have 
abandoned any pretext of a cease-fire, although there were discussions 
that were held overnight that perhaps might indicate a cease-fire. But 
in any case, the United States must determine the best way to support 
the Ukrainian people and their forces in defending their country.
  Political instability in Yemen has caused the United States to 
evacuate its Embassy and created a vacuum, allowing the free reign of 
Al Qaeda in the Arabian Peninsula, which is intent on striking the 
United States and its interests. Again, the Defense Department plays a 
key role in supporting our partners in Yemen and navigating the complex 
political situation and continuing to have a presence there--which they 
do--which can effectively help to preempt any attempt to use that as a 
launching pad for operations in the region or across the globe.
  The same brand of violent extremism in the Middle East can also be 
found in parts of Africa--al-Shabaab in Somalia, Al Qaeda in the Lands 
of the Islamic Maghreb, and Boko Haram in Nigeria. Countering the 
threat posed by these groups will require building partner capacity and 
enabling support to foreign security forces at a time when resources 
are scarce and those capabilities are in high demand.
  In North Korea, Kim Jong Un's regime has increased tensions on the 
peninsula with his provocative and belligerent behavior. The recent 
cyber attack on Sony is just the latest in a string of destabilizing 
actions. The regime is playing a dangerous game that could have 
disastrous consequences--especially for its own civilian population 
which has already suffered untold hardships and deprivation under his 
leadership. The North Korean regime is painting itself into a corner 
where it will be left with few friends and few options, and again, the 
United States, and particularly the Department of Defense, must be ever 
vigilant.
  While the United States and China have many areas of coordination and 
cooperation, our future relationship remains uncertain. We welcome the 
rise of a peaceful and prosperous China. Especially in this new century 
of global commerce and economies, a prosperous China is not only in the 
region's best interests but also in the world's best interest. China's 
increasingly controversial claims of sovereignty in the South China Sea 
and dangerous altercations with its neighbors raise serious concerns. 
While legal and peaceful avenues for dispute resolution are available, 
China has instead chosen to pursue, in too many cases, adversarial and 
unilateral actions that raise questions about its intentions.
  On the cyber front, China is engaged in massive theft of U.S. 
intellectual property from American industry and government, which 
threatens our technological edge and sows distrust and profound 
misgivings. China will remain one of the Department's most persistent 
and complicated challenges. With the focus on so many crises overseas, 
it is easy to overlook the challenges on our own continent. We have a 
violent threat of transnational organized crime in our own hemisphere. 
When the United States faced a threat stemming from violence and the 
drug trade in Colombia in the 1990s, it dedicated significant resources 
and entered into a decade-long commitment to provide training and other 
enabling assistance.
  Colombia is a success story, but the problem has simply moved, in 
many cases, to other nations in the region. General Kelly, Commander of 
U.S. Southern Command, leads the Department's efforts in the 
hemisphere, but he operates with scarce resources, a situation that may 
have serious consequences.
  In addition to these traditional challenges that nation-states have 
faced for many, many years, the United States now faces new 21st 
century threats. For years we have devoted significant attention to the 
complex challenge of cyber warfare. The attack on the Sony Corporation 
was a watershed event in many respects, and it should and must 
stimulate fresh critical thinking. This attack demonstrated that a 
relatively small and weak rogue nation can reach across the oceans to 
cause extensive destruction to a U.S.-based economic target and very 
nearly succeed in suppressing freedom of expression through cyber 
space.
  The real and manifest advantages of the offense over the defense in 
cyber warfare that enable militarily inferior nations to strike 
successfully against the homeland are a new and worrisome factor for 
our national security and that requires not only the attention of the 
Department of Defense but the attention of the Congress.
  All of the issues I have talked about are external, but there are 
local issues that the Secretary of Defense has to deal with. Senator 
McCain pointed out probably the most significant one, and that is the 
budgetary and programmatic challenges that have been forced upon us by 
sequestration.
  The most immediate threat facing the Defense Department is, indeed, 
sequestration because without resources, the programs, the policies, 
and the initiatives which must be undertaken to confront these national 
threats cannot be done.
  General Mattis, former Commander of Central Command, recently 
testified before our committee. He said: ``No foe in the field can 
wreak such havoc on our security that mindless sequestration is 
achieving today.''
  Only one-third of Army brigades are ready to fight. Less than 50 
percent of our combat squadrons are fully combat ready. Sequestration 
threatens not only our national security, but it risks damaging our 
public safety, our health, our transportation, our education, and our 
environment. In the world we face, there is not a neat distinction 
between what the Department of Defense does, what the Department of 
Homeland Security does, and what other civil agencies such as FEMA must 
do. It is something that we have to consider, not just in the context 
of the Department of Defense but in so many other agencies of the 
Federal Government--in fact, in every agency of the Federal Government.
  When the Budget Control Act was passed, Dr. Carter organized the 
Strategic Choices and Management Review to find options for 
implementing the required defense cuts. The results of this review have 
helped the Defense Department navigate through difficult fiscal 
constraints, but Congress must find a balanced and bipartisan solution 
and a repeal of sequestration across the entire government.
  Even without sequestration, the Defense Department has to tackle the 
rising personnel costs which could crowd out other items in the budget. 
Currently, military personnel benefits, including health care and 
retirement, consume approximately one-third of the Defense Department's 
budget.
  If we are to adequately train and equip the force we have, to ensure 
they are capable of performing the arduous task we ask of them, and to 
modernize weapon systems, we must slow the growth of these costs within 
the Department in line with the slowdown of the overall top line. The 
congressionally mandated Military Compensation

[[Page S961]]

and Retirement Modernization Commission recently released their 
recommendations. They are far-reaching and would fundamentally change 
military personnel benefits. They did so with the idea of improving the 
benefits available to many of our forces. They did it with the idea of 
insisting that our recruitment and retention efforts continue to be 
successful because we are a volunteer force. Their focus was really on 
the troops, but one of the effects of the recommendations was to make 
these costs sustainable over time.
  As Secretary of Defense, Dr. Carter will have to work with Congress 
to carefully consider these recommendations to ensure that the 
Department has the resources to properly train and equip its fighting 
men and women.
  The other major cost driver in the Defense Department is acquisition. 
To put it succinctly, defense acquisition takes too long and costs too 
much, but the Defense Department has undertaken significant reforms in 
recent years and many of these were personally led by Dr. Carter.
  As Under Secretary of Defense for Acquisition, Technology and 
Logistics, Dr. Carter oversaw implementation of the Weapons System 
Acquisition Reform Act of 2009, and again, I must commend Senator 
McCain and Senator Levin for their leadership in this effort. The 
largest restructuring of DOD acquisition policies in more than two 
decades resulted from this initiative.
  He also oversaw and contributed to improvements in a number of major 
acquisition programs, including the major restructuring on the Joint 
Strike Fighter program, the largest DOD acquisition program; efforts to 
reduce the cost of the Virginia-class submarine program and to improve 
contract performance, which has allowed the Navy to begin a two-per-
year procurement program for these submarines, which are under budget 
and ahead of schedule--a remarkable achievement; improvements to the 
littoral combat ship program, which was experiencing major costs 
increases and delays, with Dr. Carter's participation DOD shifted to 
competitive fixed-price contracts in 2011; restructured procurement for 
the Air Force's KC-46A strategic tanker program, which led to a 
competitive procurement, incorporating a firm fixed-price development 
production contract for buying up to 120 tanker aircraft; and 
cancelling of the VH-71 program, an out-of-control program to replace 
the current Presidential helicopter fleet.

  Clearly not all acquisition problems have been fixed and the Defense 
Department can and should do more to streamline and improve the system. 
I believe, from what I have just indicated, that Dr. Carter as 
Secretary of Defense will do just that. He has already demonstrated he 
can do it and he will do it.
  Finally, and most importantly, as Senator McCain indicated, if 
confirmed as Secretary of Defense, Dr. Carter will be leading 1.3 
million Active-Duty military, 820,000 Reserve and Guard, and 773,000 
civilians. They are under strain after over a decade of war and years 
of fiscal uncertainty. They are wrestling with many of the same issues 
as civilian society--issues such as sexual assault and suicide. Yet 
they are committed to protecting this Nation and remain the finest 
force in the world.
  Every decision Dr. Carter makes, I know he will make it thinking 
ultimately about what is in the best interests of the men and women in 
uniform and the DOD civilian workforce who give so much to this country 
every day, and that, I think, is one of the factors that compels all of 
us to support this nomination.
  Dr. Carter has proven time and time again his commitment to the men 
and women who serve this Nation. I believe he is the right leader at 
the right time for the Department of Defense, and I urge my colleagues 
to support his confirmation.