John Warner

Mr. WARNER

Mr. WARNER. Fine.

Mr. WARNER. Mr. President, I simply wish to reply that the amendment that is in the bill provides jobs. The same construction worker who is on the project building the new road comes down and repairs the old road. It requires concrete and asphalt to repair the old road, to divert the water. So it is highway construction. It is jobs. There is no digression of the funds except to provide a safety measure.

Mr. WARNER. Mr. President, those organizations have been misinformed. I move to table the Bond amendment and ask for the yeas and nays.

Mr. WARNER. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 593

Mr. WARNER. Will the Senator yield? If the Senator is reading from the same statistics, give the full information. The Senator said to our distinguished Presiding officer of Minnesota that indeed $17 million would be taken out of the asphalt and concrete. But I point to the next column: Your State holds $471 million under the mandate by the EPA for clean water. I have calculated that $17 million is helping, in a very modest way, the obligation of your State for $471 million to meet the mandate put on by the Senate and House of Representatives. I know, as a former Governor, how you----

Mr. WARNER. I have always admired the Senator for so many reasons. I really regret to be out here so forcefully taking him on with his arm in a sling.

Mr. WARNER. No conscience. I ask you--you are out here accusing me of putting in a mandate--how many mandates in this bill are you the author of? For instance, Safe Walks to Schools--hurray. I am all for it. Very good one.

Mr. WARNER. I beg your pardon?

Mr. WARNER. Mr. President, I wish to point out that as Senators come down to vote, I will put this sheet down for their examination. It shows the current allocation of aggregate Surface Transportation Program funds to their respective States, followed by a column which indicates the amount of money that the current markup with the Warner provision in it takes for the storm water. And then in the right-hand column is what their States owe under the EPA mandate to clean up water. You will find that I offset by just a small percentage the enormous obligation each Senator's State has with regard to the EPA-mandated cleanup of the water. I thank the Chair and thank my colleagues for a very good debate. I hope we have fairly and adequately framed it for all Senators. I move to table Bond amendment No. 592, and I ask for the yeas and nays.

Mr. WARNER. I will withhold.

Mr. WARNER

Mr. WARNER. Mr. President, I rise today to introduce an important piece of legislation for my State, the Virginia Ridge and Valley Act of 2005. This bill will add seven new wilderness areas, six additions to existing wilderness areas, and two National Scenic Areas to the Jefferson National Forest. Congressman Rick Boucher is introducing companion legislation in the United States House of Representatives. Throughout my career in the United States Senate, I have strived to preserve Virginia's natural resources and heritage through the designation of wilderness areas and, today, I am proud to say that Virginia boasts approximately 100,434 acres of designated wilderness lands. However, there is still much work to be done. Within the Jefferson National Forest, designated wilderness areas currently account for only 7 percent of the total forest acreage. If enacted, the Virginia Ridge and Valley Act of 2005 will substantially increase this figure by expanding our opportunities for uninterrupted enjoyment in the forest with the addition of nearly 43,000 acres of new wilderness areas and almost 12,000 acres of national scenic areas. Virginia is blessed with great beauty and natural diversity. From the complex ecosystem of the Chesapeake Bay, to the exquisite vistas, streams, vegetation, and wildlife of the Shenandoah Mountains, residents and visitors alike can enjoy a bountiful array of natural treasures. As demand for development in Virginia increases, it becomes incumbent upon Congress to act expeditiously to protect these wild lands. Through wilderness and national scenic area designations, we can ensure that these areas retain their primeval character and influences. Mr. President, I consider myself an avid outdoorsman, and I enjoy opportunities for recreation like most Americans. Therefore, I want to stress the many joyful outdoor activities that will be enhanced by the wilderness designation in these areas, including: hunting, fishing, hiking, camping, canoeing, and horseback riding, to name a few. In addition, the Act is flexible and provides for reasonable local forest management and emergency services in wilderness areas, such as the use of motorized equipment and aircraft for search and rescue operations; or to combat fire, insects and disease. I am particularly pleased to include in the legislation an authorization for the establishment of a non-motorized trail between County Route 650 and Forest Development Road 4018 outside of the new Raccoon Branch Wilderness area. This trail will follow the historic Rye Valley Railroad Grade and will be a popular route for mountain bikers, equestrians and hikers. In addition, this bill directs the Forest Service to develop trail plans for the wilderness and national scenic areas. As a father and a grandfather, I feel a weighty obligation to ensure that our children have lasting opportunities to enjoy Virginia's immense natural beauty and diversity. This legislation is a crucial step in our quest to preserve these lovely areas for the enjoyment and use of future generations.

Mr. WARNER

Mr. WARNER. Mr. President, I rise today to commend Mr. Donnie R. Wheeler for becoming the first president of the National Association of Clean Water Agencies--NACWA--formerly the Association of Metropolitan Sewerage Agencies, AMSA. Mr. Wheeler currently serves as the General Manager of the Hampton Roads Sanitation District--HRSD-- Virginia Beach, VA. He is regarded by his peers as an exceptional leader, dedicated to protecting the environment and health of Virginia and the Nation. Mr. Wheeler is a graduate of Virginia Tech and for 7 years was employed by the Virginia State Water Control Board before joining HRSD in 1974. HRSD, a nationally recognized regional wastewater treatment utility, serves 17 cities and counties covering 3100 square miles of southeast Virginia. Under his management, HRSD has received numerous awards from the U.S. Environmental Protection Agency and is recognized as a state innovator for such initiatives as Virginia's first municipal water reuse project. Under his leadership, I trust that NACWA will promote responsible national policies to advance clean water and a healthy environment. Mr. Wheeler, is a founder of the Virginia Association of Municipal Wastewater Agencies--VAMWA--and served as its president for 6 years. In his long career, Mr. Wheeler has earned the respect of his colleagues at all levels of government and his achievements have earned him awards from the Virginia Water Environment Association--VWEA--and Environment Virginia. Mr. Wheeler also has served as an adjunct professor of Environmental Engineering at Old Dominion University. In the true sense of the word and by his many achievements in a long and distinguished professional career, Mr. Wheeler is an ``environmentalist'' who will now proudly serve in a new leadership role the industry in which he has worked for so many years. It is with pleasure that I congratulate and commend Mr. Wheeler on being elected the first president of NACWA.

Mr. WARNER

Mr. WARNER. Mr. President, I had the opportunity to speak to the distinguished Senator from Alaska, Mr. Stevens, and I know he was anxious to address the Senate with regard to his desire to obtain time to speak in opposition to the Bayh amendment. Might I ask, what is the parliamentary situation with regard to that? Hopefully, we can see the appearance of the Senator from Alaska.

Mr. WARNER. Will the Chair kindly repeat that?

Mr. WARNER. Mr. President, on behalf of the senior Senator from Alaska, I ask that an additional 10 minutes be allocated to the senior Senator from Alaska.

Mr. WARNER. I misunderstood. I thought the senior Senator from Massachusetts and his colleague from Indiana had adequate opportunity to speak. I am perfectly willing to ask for 15 minutes equally divided between the senior Senator from Massachusetts and the senior Senator from Alaska.

Mr. WARNER. Mr. President, first, I commend Senators Kennedy and Bayh. They have really fought the battle through the years, and it has been since fiscal year 2003 we have been dealing with the need for the uparmor. As my colleague from Alaska said, and I add this, from fiscal year 2003 to 2005, the Congress added--that is additional funds--added $1.2 billion to the President's request to increase uparmored humvee production, and almost $1.9 billion was added to the President's budget request to increase the production of ballistic add-on armor for tactical-wheeled vehicles in the Army and the Marine Corps. I think we have clearly met the demand, and it is largely owing to these two Senators who have been out on the point on this issue. But right now these additional funds, I say to my colleague from Alaska, if the Senate were to approve the amendment, would have to be taken out of other modernization programs for the Army; am I not correct?

Mr. WARNER. I yield the floor.

Mr. WARNER

Mr. WARNER. I wish to commend the distinguished Senator for those remarks. I humbly ask the privilege of being associated with the remarks he made. Senator Inouye has been one of the most extraordinary leaders I have had the privilege to serve with in my career in the Senate. I thank him and I thank the Senator from Nevada. I yield the floor.

Mr. WARNER

Mr. WARNER. Mr. President, I strongly support the nomination of Ambassador John D. Negroponte to be the first Director of National Intelligence. This is not a moment without precedent in history. President Roosevelt faced a similar situation in 1941 when he had disparate intelligence and information gathering organizations within the government, but did not have a single person in charge. President Roosevelt convinced a reluctant Colonel William J., Wild Bill, Donovan to be the first ``Coordinator of Information,'' an organization that eventually became the Office of Strategic Services, OSS, and ultimately, the Central Intelligence Agency. I would like to read a quote from the book, ``Donovan of O.S.S.,'' by Corey Ford: The appointment of Colonel Donovan as director of COI was formally announced by executive order on July 11, 1941, and his duties were defined in Roosevelt's own words: `To collect and analyze all information and data which may bear upon national security, to correlate such information and data and make the same available to the President and to such departments and officials of the Government as may the President may determine, and to carry out when request by the President such supplementary activities as may facilitate the securing of information important for national security not now available to the Government.' The directive was purposely obscure in its wording, due to the secret and potentially offensive nature of the agency's functions; and the other intelligence organizations, jealous of their prerogatives, took advantage of the vague phraesology to set loose a flock of rumors that Donovan was to be the Heinrich Himmler of an American Gestapo, the Goebbels of a controlled press, a super-spy over Hoover's G- men and the Army and Navy, the head of a grand strategy board which would dictate even to the General Staff. In vain, the President reiterated that Donovan's work, `is not intended to supersede or to duplicate or to involve any direction of or interference with the activities of the General Staff, the regular intelligence services, the Federal Bureau of Investigation, or of other existing agencies.' The bureaucratic war was on. It was a war all too familiar to Washington, the dog-eat- dog struggle among government departments to preserve their own areas of power. Ambassador Negroponte and General Michael Hayden, USAir Force, his deputy, face a similar situation today, and I wish them well. Some have said the Intelligence Reform and Terrorism Prevention Act of 2004 uses similarly ``vague phraseology'' in describing the authorities and responsibilities of the new Director of National Intelligence. Some say that Roosevelt was intentionally vague to allow the strong personality of Wild Bill Donovan to make this new intelligence organization work. I think we have two very strong personalities in Ambassador Negroponte and General Hayden who are up to the task and will make this new Office of National Intelligence work. Their work will be even more effective as they forge strong alliances with their colleagues in other departments of Government. As Ambassador Negroponte begins this important effort, I know he is mindful on the balance that must be maintained between the needs of national policy makers, military commanders on distant battlefields, and local and national homeland security officials, who are all charged with the safety and security of the American homeland. The support these elements enjoy today has not always been the case. When General Norman Schwarzkopf testified before the Senate Armed Services Committee in June 1991 regarding lesson learned during the first Persian Gulf War, he told the committee that responsive national intelligence support has been unsatisfactory from his perspective as the theater commander in charge of combat operations. Clearly, much has changed since 1991, but we must all remain vigilant in ensuring that intelligence support for our men and women in uniform is maintained and enhanced. Ambassador Negroponte has a strong record of public service as the U.S. Ambassador to Honduras, Mexico, the Philippines, the United Nations, and most recently, Iraq. He has a great reputation as a problem solver who can be counted on for the epitome of candor and integrity. John Negroponte has served his Nation faithfully and well. His willingness to take on this daunting challenge is a testament to a man who understands service to Nation and has, once again, answered the call to serve. We are fortunate to have a citizen of such character to undertake this important and challenging task of bringing our Intelligence Community together as a coherent, well-coordinated entity. I strongly support confirmation of Ambassador John D. Negroponte to be the first Director of National Intelligence, and hope the spirit of Wild Bill Donovan guides and inspires his efforts.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that the pending amendment be laid aside and amendment No. 498 be called up.

Mr. WARNER. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.

Mr. WARNER. Mr. President, I inquire of the distinguished Presiding Officer, is this amendment germane?

Mr. WARNER. I thank the Chair. The amendment is germane; therefore, it can be made a part of the business pending before the Senate and, hopefully, it will be acted upon by a record vote and included as a part of the underlying bill. I will seek that at an appropriate time. Mr. President, this is an amendment that follows on an amendment that I earlier put in on this bill, which understandably failed to meet the germaneness test, and therefore just early this morning it was stricken. Nevertheless, I have carefully crafted this, and now it is confirmed by the Parliamentarian that this amendment is germane. This amendment applies to the question of the USS John F. Kennedy, a very famous and historic ship of the U.S. Navy, which recently was designated to be retired by the Department of Defense as a consequence of a restricted budget that was placed in the waning hours of the budget process on the Department of the Navy. Quite unexpectedly, the Department of the Navy departed from its steadfast opinions, published statements, and records that this Nation required 12 aircraft carriers in our fleet. It came as a complete surprise to the Congress. I didn't feel that we had any particular consultation. Nevertheless, the executive branch has the right to make budget decisions, so that history is behind us. I believe it is imperative that the Congress--and now, at this time, the Senate--examine this situation and determine whether at this point in time this ship should be stricken from the active force and designated for mothballs. I say that because the Department of Defense is well along in its Quadrennial Defense Review. The Congress has 180 days, once that is completed, to look at that report. Therefore, the purpose of this amendment is to say that this ship stays in the fleet in an active status until two things happen: the Department completes its Quadrennial Defense Review and the Congress has had 180 days to study the results of that review; and the Secretary of Defense certifies to the Congress that necessary agreements have been entered into with other nations to provide for the permanent forward deployment of aircraft carriers in the Pacific necessary to carry out the mission within the Pacific Command area of responsibility. The reasons I am offering this amendment are simple. Congress has a constitutional role and mandate to maintain a navy. I will repeat that. Under the Constitution, we raise armies in time of need, but we maintain a navy. As I have heard many colleagues say--and I recently heard my colleague, Senator McCain, speaking to a group--a warship really has two purposes. It has its underlying missions to deter aggression and, if necessary, to repel aggression, but it also has a very valuable role as a silent ambassador wherever it is beyond the shores of the United States. Particularly when the magnificence of an American ship is in a harbor beyond our shores, people from that country come from all over to take a look. It is a silent way of saying America is there to help protect freedom. It is called ship diplomacy. It is well documented in the long history of this country. We being, in many respects, an island nation, we have always depended upon our maritime arm of defense to play a role in diplomacy and, if necessary, to take up arms. The funds for the Kennedy's scheduled maintenance were authorized and appropriated in previous bills. Money to do the work that is necessary to keep this ship active in the fleet is in the coffers of the U.S. Navy today. For that reason, we are not trying to touch a single dollar that is in this bill. We will maintain the Kennedy in the fleet until 2018. The ship will be quite old; nevertheless, in the opinion of the sailors who sail it today and the sailors who will sail it tomorrow, it can be an effective ship and be counted upon as a full partner in the fleet of some 12 carriers. All analyses presented to the Congress, to include the last two Quadrennial Defense Reviews, in 1997 and 2001, set the minimum number of aircraft carriers at 12. There has been no analysis to support reducing the aircraft carrier fleet to 11--that is, formal analysis. I realize there are working documents in the Department of the Navy, but I have not seen that type of analysis that I believed fully justified a decision of this importance. I think that analysis will be done in the forthcoming 2005 review. Next, the reason the Department submitted the budget request with the decommissioning of an aircraft carrier was because the Navy was handed a budget cut in December, somewhat unexpectedly. The Navy's original budget submission included the Kennedy. I point that out. Throughout the budget process, that particular process, and the budget of the Department of Defense, the Kennedy was always included with the 12 carriers. Then, with the flick of a wrist and some very brief analysis I have seen, out she went. The Kennedy, as I say, is in good material condition. In the words of the battle group commander who just returned on this ship from a 6- month deployment in support of Operation Iraqi Freedom in December, it is in ``outstanding material condition.'' With the scheduled decommissioning of the USS Kitty Hawk in fiscal year 2008, the Kennedy would be the only, assuming this amendment prevails, conventionally powered aircraft carrier available in the Pacific Command area of responsibility where there are nations that simply will not allow a nuclear warship to enter its waters. Again, I believe Congress should now show its responsibility--I repeat, its responsibility--in making force structure decisions and go back and review what the Navy has done and say to the Department of the Navy: Not at this time should we be decommissioning this ship. We should await the normal processes of the QDR, the BRAC process, and other ongoing congressional and active procedures until such time, and then the decision can be made, in a balanced way, as to the fate of the carrier. Mr. President, I thank my principal cosponsor, the distinguished Senator from Florida. We are joined in this matter by Senator Allen, Senator Martinez, and Senator Talent, who is chairman of the Armed Services Seapower Subcommittee. This is a bipartisan approach. It is not a political matter. We are simply here in the best interests of the Department of Defense and this country in suggesting strongly to our colleagues we should have a voice in this matter, and to do so, the Senator from Florida and I and others are bringing this amendment to the attention of the Senate. I yield the floor.

Mr. WARNER. Mr. President, I wonder if the time is appropriate for the Senator from Florida and me to ask for the yeas and nays on this amendment?