[Congressional Record (Bound Edition), Volume 151 (2005), Part 19]
[Senate]
[Pages 25722-25723]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

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      NOMINATION OF DONALD C. WINTER, TO BE SECRETARY OF THE NAVY

  Mr. WARNER. Mr. President, I ask unanimous consent that the Senate 
now proceed to the Executive Calendar.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. I ask unanimous consent that the Senate immediately 
proceed to executive session to consider Calendar No. 410. I further 
ask unanimous consent that the nomination be confirmed, the motion to 
reconsider be laid upon the table, the President be immediately 
notified of the Senate's action, and finally that the Senate then 
return to legislative session. This has been cleared on both sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nomination considered and confirmed is as follows:


                         department of defense

       Donald C. Winter, of Virginia, to be Secretary of the Navy.

  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, I believe now the confirmation has taken 
place?
  Mr. WARNER. That is correct.
  Mr. LEVIN. I wish to have a very brief colloquy with my dear friend 
from Virginia on this matter, which I think he would want to comment 
briefly on, and that is I understand that once Secretary Winter is 
confirmed, which he now is, the Department of Defense will adopt an 
approach under which Secretary England will continue to act as Deputy 
Secretary of Defense on an interim basis. This approach is lawful, but 
it is temporary only and it is not intended to establish a pattern for 
future appointments. Would the Senator agree with that statement?
  Mr. WARNER. Yes, Mr. President. This is a subject I have discussed 
with the administration and most specifically with the Secretary of 
Defense. I assure my colleague that it will not establish a pattern 
because to me the advice and consent process is a very precise 
obligation of the Senate. This type of action is taken in this case 
because it is my understanding that the President will make a recess 
appointment within 120 days, and I assure the Senator this matter will 
not go beyond the 120 days.
  I thank the Senator for bringing it up, and I thank him for his 
cooperation and the cooperation of other Senators on this matter.
  Mr. LEVIN. I do welcome that assurance. It is important for this 
institution. Whether the President is a Democrat or a Republican makes 
no difference on this issue. This is a matter

[[Page 25723]]

of this institution asserting its constitutional responsibility, and I 
thank my friend from Virginia.
  Mr. WARNER. Mr. President, I spoke with Secretary of Defense Rumsfeld 
very early this morning on this issue.

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