SMITH OPENING STATEMENT FOR NOMINATION HEARING OF MAJOR GENERAL FLOWERS

Good morning. Today's hearing is on the nomination of Major General Robert B. Flowers to be the Chief of Engineers, the Department of the Army. This nomination was referred to the Armed Services Committee. There will be no vote here in the Environment and Public Works Committee to report Major General Flowers' nomination. This Committee does have jurisdiction over the Army Corp's Civil Works Program, that is why we invited the General here today.

The Chief of Engineers has several important responsibilities. He is a member of the Army General Staff, reporting to the Vice Chief of Staff on military matters for engineers assigned to line combat units. The Chief also has important civil engineering responsibilities. He reports to two different Assistant Secretaries of the Army. He reports to the Assistant Secretary (Installations and Environment) for his installation and real estate management responsibilities. He reports to the Assistant Secretary (Civil Works) for the management of the Corp's large civil works program. Major General Flowers is currently "dual hatted," serving as Commanding General, United States Army Maneuver Support Center and Commandant, United States Army Engineer School, both located at Fort Leonard Wood. He previously served as the Commanding General, United States Army Engineer Division, Lower Mississippi Valley; Assistant Division Commander, 2d Infantry Division, Eighth United States Army, Korea; and President of the Mississippi River Commission from 1995-1997. He also served as Theater Engineer in Desert Storm, in Somalia, and during the initial operations in the Balkans. He received a received his B.S. from Virginia Military Institute and M.S. from the University of Virginia. Both degrees are in Civil Engineering. I am pleased to report that Major General Flowers is well qualified for his position.

General Flowers, you will assume your new duties in interesting times, and the challenges you face are great. Some believe that the Corps is a rogue agency, out of control. The integrity of the Corps' analyses has been disputed. Others have alleged that the Corps is a victim of inappropriate political pressures, with various federal agencies meddling in the Corps' professional judgements. There also have been well-documented, and heavily reported, communication failures between the Chief's office and that of the Assistant Secretary for Civil Works. Whether you believe the Corps is a rogue or a victim, and whether the charges are fair not, it will largely fall to you to restore the reputation of the Army Corps of Engineers. This Committee is concerned about the operation of the Corps of Engineers. A few months ago, along with Senator Warner, the Chairmen of the Armed Services Committee, and Senator Stevens, the Chairman of the Appropriations Committee, I initiated an investigation into some of the allegations regarding Corps operations.

There were two prongs to the inquiry. First, we examined allegations that executive branch officials brought inappropriate political pressure that affected the Corps' professional judgements. Second, we examined the basis and need for the so-called Civil Works Program Management Reforms announced by Army Secretary Caldera last Spring. The Corps and Army provided us with volumes of documents in response to our questions. After a careful evaluation of the material, we did not find evidence of illegality, or of inappropriate political influence on the Corps' professional judgements. The material does raise some questions that may be areas of future Committee oversight activity. Similarly, the material provided to the Committee does not establish the need for any significant Civil Works Management reforms. The material did reveal that there was a systemic communications and management breakdown between the Chief of Engineers office, and the Office of the Assistant Secretary. Many of these internal communications are embarrassing and demonstrate a lack of judgement by the participants, who probably never anticipated Congressional investigators reading through their e-mails. Major General Flowers has provided written responses to questions, which will be made part of the record, that indicate that he clearly understands the chain of command for his Civil Works responsibilities. General Flowers states that: THE SUPERVISORY DUTIES OF THE ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS) EXTEND TO ALL CIVIL WORKS FUNCTIONS OF THE ARMY, INCLUDING THOSE RELATING TO CONSERVATION AND DEVELOPMENT OF WATER RESOURCES AND THE SUPPORT FOR OTHERS PROGRAM. THE CHIEF OF ENGINEERS REPORTS TO THE ASSISTANT SECRETARY ON CIVIL WORKS FUNCTIONS.

That is a definitive statement, and I think it should put to rest any rush to make administrative changes to "strengthen" civilian control over the civil works program, at least until General Flowers is well settled in his new job.

It is my view that we should let General Flowers assume his duties for a time before again considering whether or not any sweeping management reforms are necessary. We should also wait to see if the new political leadership that will come after the elections, no matter who wins, finds that reforms are necessary. I can already read the headlines "Hill Corps Cronies Stop The Reforms." The press can write that if they want to, but that is not the message I want the nominee to take away from the hearing.

General, there have been legitimate policy issues raised on topics like the integrity of Corps' economic analyses, and the future role of the Corps. The issues should be examined and, if necessary, fixed. The Committee will watch this closely. The Committee also will not tolerate the gridlock that has characterized the relationship between the Chief's office and the Assistant Secretary's office. On the Civil Works Program, it is crystal clear you work for Assistant Secretary. It is also crystal clear you understand it. My charge to you is to make that relationship work.

Later today, Senators Warner, Stevens and I will send a letter to Secretary Caldera. We will make that available once it is delivered. The letters states that

1. Based on our review of the documents provided, and additional discussions between Committee staff and Corps of Engineers personnel with respect to the allegations, we have concluded that while some of the events described in the documents reflect poor judgment on the parts of a number of officials at the Corps, in the Assistant Secretary's office, and elsewhere in the Executive branch, there is not sufficient evidence of inappropriate or illegal conduct to warrant further investigation by the Committees at this time.

2. However, based on our evaluation of the documents, we also believe that any significant management reforms are unnecessary at this time.

3. It is evident from the documents that individual personalities significantly contributed to the tension and lack of trust between the military leadership of the Army Corps of Engineers and the civilian leadership of the office of the Assistant Secretary (Civil Works). It is the Committees' hope that better communication and new leadership will help address this tension and lack of trust.

4. At a minimum, we strongly believe that further consideration of any management reforms should be deferred until the new Chief of Engineers is confirmed and other new key personnel are in place.

I will include a copy of that letter in the record of this hearing. I am proud of the Army Corps and everything it has accomplished for the nation. Fairly or not, the Corps' reputation has been tarnished lately. I think you have quite a challenge ahead of you, but I know you are ready for the task."