John Warner

Mr. WARNER

Mr. WARNER. Mr. President, if I might add, I appreciate the sentiments of both of my colleagues. It has been a joint effort by Senator Levin and me. Mr. President, I ask unanimous consent to have the letter we prepared printed in the Record after this colloquy.

Mr. WARNER. I wish to also bring to the Senator's attention--he already knows, but those following the debate should have been advised that this letter prompted a GAO study, and that study, which was released recently, received widespread attention, not only here in the Senate and in the House of Representatives but throughout the Government and other circles. So I would say we are well along in achieving some--what I would call better accounting for these dollars, better control over the expenditures. We have heard that the report is prepared by Stuart Bowen, whom I see regularly, three or four times a year, and I know my colleague and others feel likewise. I have a high regard for the work he and his staff have done through the years with that report. There was a time when there were elements of the Government--I won't get into specifics--which wanted to abolish that department. I think the Senator from Michigan remembers that. We stepped in and said in very simple language: No way; they are going to continue.

Mr. WARNER. Madam President, I yield the floor to the assistant leader.

Mr. WARNER. Madam President, I commend our distinguished colleague for this amendment. It is one that was specifically requested by the administration. I think in a most cooperative way, our distinguished chairman has joined in. It relates to the missile defense system which is so essential to our Nation and indeed much of the free world.

Mr. WARNER. Madam President, I urge consideration of the amendment.

Mr. WARNER. I move to reconsider the vote.

Mr. WARNER. Madam President, reserving the right to object, and I will not object, I think we should either order the rollcall votes now or inform colleagues there will be rollcall votes.

Mr. WARNER. I want my colleagues fully informed.

Mr. WARNER. No objection.

Mr. WARNER. If I might ask the Senator, about how long would the Senator wish to speak?

Mr. WARNER. I thank the Senator.

Mr. WARNER. Madam President, with the concurrence of the distinguished chairman, I wonder if our colleague from Texas could be recognized. He is a very valued member of our committee. He wants to discuss, for 8 minutes, our bill.

Mr. WARNER. I think the distinguished chairman and I are aware the Senate would now turn to the highway bill. I believe the distinguished chairman of the Environment and Public Works Committee will be arriving, and the distinguished ranking member is present on the floor at this time. Perhaps they could advise us with regard to the amount of time that would be required to have to act on this.

Mr. WARNER

Mr. WARNER. Madam President, this is a very laudatory effort on behalf of our colleague. It is one I will personally support. I do, however, draw to the attention of all colleagues that it is a very expensive provision, but it is one that deserves the recognition that it has been given by our colleague and further consideration of the conference between the House and the Senate.

Mr. WARNER. I move to reconsider the vote.

Mr. WARNER. Mr. President, I see the chairman of the committee. I think the work on the bill tonight is concluded, and I recommend we go off the bill and open the floor to morning business, if that is agreeable.

Mr. WARNER. Madam President, at the moment, speaking for myself as one of the managers of the bill, I strongly support the package. We have worked on it together, as we have all the times we have managed these bills. I know of no objections that have been communicated to me, but I would like to ask the indulgence of the chairman for a few minutes such that I can check with my cloakroom staff.

Mr. WARNER. I thank my colleague. I have been informed by our staff that there are objections to the procedure to have this package of amendments cleared at this time.

Mr. WARNER

Mr. WARNER. Mr. President, if I might say to my colleague, Senator Graham has an airplane he is trying to catch.

Mr. WARNER

Mr. WARNER. Mr. President, on behalf of the minority leader, no objection.

Mr. WARNER

Mr. WARNER. Mr. President, I rise today to speak on S. 2403, a bill to name the new U.S. courthouse in Richmond, VA, after two distinguished jurists and sons of Virginia. Senator Webb and I introduced this bill last year, and the bill passed the Senate on June 24, 2008. The House of Representatives passed the bill last night, with a minor technical change, by a vote of 376 to 0. Tonight, I would like to thank the Senate for accepting this minor modification and once again passing this bill. Our bill recognizes two of Virginia's outstanding jurists: Spotswood Robinson III and Robert Mehrige, Jr. They were lawyers who throughout their careers adhered to the principle of ``equal justice under law.'' The first, Spottswood William Robinson III, was born in Richmond, VA, on July 26, 1916. He attended Virginia Union University and then the Howard University School of Law, graduating first in his class in 1939 and serving as a member of the faculty until 1947. Judge Robinson was one of the core attorneys of the NAACP Legal Defense and Educational Fund from 1948 to 1960, achieving national prominence in the legal community with his representation of the Virginia plaintiffs in the 1954 U.S. Supreme Court case Brown v. Board of Education. Brown outlawed public school segregation declaring ``separate but equal'' schools unconstitutional. In 1964, Judge Robinson became the first African American to be appointed to the U.S. District Court for the District of Columbia, and in 1966, President Johnson appointed Judge Robinson the first African American to the U.S. Court of Appeals for the District of Columbia Circuit. Finally, on May 7, 1981, Judge Robinson became the first African American to serve as Chief Judge of the District of Columbia Circuit. Our second jurist, Judge Robert R. Merhige, Jr., was born in 1919 and later attended High Point College in North Carolina. He subsequently earned his law degree from the T.C. Williams School of Law at the University of Richmond, from which he graduated at the top of his class in 1942. From 1942 to 1945, Judge Merhige served in the U.S. Air Force. He practiced law in Richmond from 1945 to 1967, establishing himself as a formidable trial lawyer representing criminal defendants as well as dozens of insurance companies. On August 30,1967, Judge Merhige was appointed U.S. District Court judge for the Eastern District of Virginia, Richmond Division, by President Lyndon B. Johnson, serving as a Federal judge until 1998. In 1972, Judge Merhige ordered the desegregation of dozens of Virginia school districts. He considered himself to be a ``strict constructionist'' who went by the law as spelled out in precedents by the higher courts. In 1970, he ordered the University of Virginia to admit women. As evidence of Judge Merhige's groundbreaking decisions, he was given 24-hour protection by Federal marshals due to repeated threats of violence against him and his family. His courage in the face of significant opposition of the times is a testimony to his dedication to the rule of law. As my colleagues may be aware, I have worked to name the new courthouse in Richmond for these two men for several years. I am proud that the Virginia Congressional Delegation, the Virginia Bar Association, the mayor of Richmond, and many others decided that the best way to honor both men was to have them equally share the honor of having the courthouse so named. With the ribbon cutting for this grand facility tentatively set for October 17 of this year, I am please by the passage of this legislation in honor of Spottswood Robinson and Robert Merhige. Mr. President, in conclusion, I thank my colleagues in joining me in support of this legislation, and I thank you for this opportunity to speak on behalf of these two great Virginians.

Mr. WARNER

Mr. WARNER. Mr. President, I wonder if I might pose a question to the leadership. Senator Levin and I just met in preparation to move forward, hopefully, on the annual authorization bill. This would be the 30th bill Senator Levin and I have worked on together. In the interim period, over the summer, our staffs have done a lot of very valuable work in terms of trying to sort through reconciliation between the House and Senate provisions. But it is our recommendation to the leadership that we try to obtain a UC to enable the amendments that would be brought forward to be relevant to the work of the committee, or the text of the bill. I am just wondering, what do the respective leaders have to guide the Senator and myself on this issue?

Mr. WARNER. Mr. President, I thank the leaders. I only say that Senator Levin and I are ready, beginning tomorrow morning, if this procedural motion this afternoon at 5:30 is carried, to go to work. Hopefully, we can waive any 30-hour requirement, or whatever might be attached to this, and proceed directly to the bill. We both have amendments that can be brought up, and we welcome amendments from our colleagues. Again, the issue of relevancy is imperative if we hope to complete this bill this week.

Mr. WARNER. Mr. President, I thank the leaders. I yield the floor.

Mr. WARNER

Mr. WARNER. Mr. President, I first wish to congratulate my colleague of some 30 years that we have worked together on the Senate Armed Services Committee. Under his leadership this year, we passed the 2008 bill unanimously by the committee in April. Here we are in September, and we are finally getting to the opportunity presented to our colleagues and, hopefully, this week we will act on this bill. Earlier this afternoon, the distinguished majority leader and the minority leader addressed the Senate on their express hope that this bill will be acted on expeditiously and done so within this week. That will require, however, in my judgment--and I speak only for myself--a unanimous consent request relating to the amendment process. We are anxious to receive amendments from our colleagues, but unless we maintain some order in terms of relevant amendments, I am fearful we will not be able to expeditiously handle this bill. That is a matter that is now being quite fairly and forthrightly worked upon by the respective majority and minority leaders, and certainly my distinguished colleague, Senator Levin, and I have discussed this together and have a joint recommendation for our leadership. I also wish to express my appreciation to our professional staff, both majority and minority, who have worked on this bill throughout the summer. Such that on the assumption that we can pass it and then get to a conference we will have beforehand reconciled some of the differences between--that is on an informal basis, but on a formal basis, we will be able to reconcile in a conference this bill and then bring it back in the form of a conference report. This will be the forty-third--bill No. 43--consecutive authorization bill adopted by the Senate. I am hopeful the unbroken record of 42 consecutive times will now be the 43rd, and that puts the Senate clearly on record as supporting the men and women of the Armed Forces of the United States who most justly deserve all the support we can give them. I point out that we have a specific constitutional responsibility toward the men and women of the Armed Forces. It is this bill, coupled with such appropriations as may be acted upon by other committees--this is the discharge of our constitutional responsibility. We are at a very dangerous crossroads in the history of the world. Our forces today are fighting in two theaters--Iraq and Afghanistan-- and are standing watch on many other theaters and outposts across the world. They are facing the threats of militant extremists at home, worldwide, abroad, in all corners of the globe. We are also astounded by the performance of what heretofore we thought was a supporting partner in world affairs--Russia--by virtue of their aggressions in Georgia, and the instability in Pakistan, a major non-NATO ally but nevertheless a major ally. Hopefully, with the election of a new President, that country can begin to govern itself strongly because it is very important, with our forces on the border of Pakistan and our operations against the insurgents and the Taliban in Afghanistan, it is essential we have the strongest of working relationships with Pakistan. Then we have, unfortunately, the nuclear ambitions and the hostile behavior of Iran. All of those propose a profound and wide-ranging challenge for U.S. interests and our friends and our allies in the international community as a whole. We are fortunate today that the people in the United States of America are so supportive of our Armed Forces. I have had the privilege to observe this Nation in previous conflicts beginning in World War II. In World War II 16 million men and women of the Armed Forces were greeted when they returned home from a solid victory against the axis powers, as well as those of the Pacific. Then, following the Korean conflict, again I had the opportunity to observe firsthand the deterioration of the support in the many respects it was given to the Armed Forces who fought so bravely in that conflict. I pause to think that we have celebrated the 55th anniversary of that conflict. Over 30,000 Americans--Americans in uniform--lost their lives in that conflict. Another 90,000 were wounded. Today, currently, 8,000 are still unaccounted for. So we have a different attitude today. In Vietnam, we likewise experienced a lot of antagonism against the men and women of the Armed Forces. Today, this country is united behind those men and women and giving support to their brave families. We have also had the good fortune for 35 years to have an All- Volunteer Force. This bill is constructed to continue that support of the All-Volunteer Force. I can recall, in the Vietnam period, I was privileged to be Secretary of the Navy--Under Secretary for some 5 years--that the constricted force experienced a lot of problems. It was during that period in 1973, I remember vividly that the then-Secretary of Defense, Melvin Laird, had the vision to have the All-Volunteer Force. It eventually came into law with the support of the Congress. It was a major gamble, I say to my colleagues--a major gamble. It was the first significant large military power in the world--the United States of America--to try and have this national security policy, this national security defended by all volunteers, but it has worked and worked well beyond the early concepts we had in mind. It has been a superb military force that has preserved America's freedom. We also have in this bill a reflection on the future needs of our Armed Forces. This bill will provide better compensation and first-rate health care to improve the quality of life of the men and women on Active Duty and in the National Guard and Reserve and their families. I will enumerate a number of provisions in this bill that address those issues. We also authorize Active Duty end strengths, increases for the Army to go to 532,000-plus and for the Marine Corps, 194,000-plus, respectively. We authorize an increase of 3,371 full-time personnel for the Army National Guard and the Army Reserve. We authorize the costs of special pay and allowances, death benefits, and permanent change of station moves. It authorizes $26 billion for the Defense Health Program. It requires the Secretary of Defense to develop a comprehensive policy to prevent, regrettably, the increasing rate of suicides. So I say to my colleagues, this bill is absolutely essential-- absolutely essential--and it provides the statutory authorities that our men and women of the Armed Forces need to succeed in combat and stability operations in Iraq and Afghanistan. We will authorize those funds necessary to seek to reduce our Nation's strategic risks by taking action to restore, as soon as possible, the readiness of the military services to conduct the full range of their assigned missions. I wish to correct that by saying by taking the action aimed at fully restoring, since much of our military is in a state of high readiness today. This bill will improve the efficiency of Defense Department programs and activities, promote the transformation of the Armed Forces to deal with the threats of the 21st century, and improve the ability of the Armed Forces to counter nontraditional threats, including terrorism and the proliferation of weapons of mass destruction. In addition, the National Defense Authorization Act for Fiscal Year 2009 includes authorization of $24.8 billion in Division B for military construction, BRAC, and family housing programs. Because MILCON projects require a line item authorization by law, and considered new- starts, DOD will not be able to carry out any new project in fiscal year 2009 if this bill is not enacted. Of the 24.8 billion, $11.7 billion is for military construction, $3.2 billion for the construction and operation of family housing, and $9.1 billion to implement the results of the 2005 BRAC. Within the BRAC account, 282 projects are at risk across the country, including critical construction to establish new hospitals at the Naval Medical Center, Bethesda, MD; Fort Belvior, VA; and Fort Sam Houston, TX, to facilitate the closure of inadequate facilities at the Walter Reed Army Medical Center, Washington, DC. Other critical BRAC construction at Fort Bliss, TX, and Fort Benning, GA, is required to facilitate the return of U.S. forces from overseas locations and the establishment of new modular units. Also BRAC construction at Eglin Air Force Base, FL, is required to support the joint Air Force and Navy training. In closing, this is an important bill that takes care of our troops and their families. It sustains a national treasure, the All Volunteer Force, and authorizes funding for the Department of Defense and the national security programs of the Department of Energy. I urge my colleagues to vote in favor of the motion to proceed to the Defense authorization bill for the sake of the men and women in uniform and in spirit of Article I, section 8 of the Constitution that assigns to Congress the powers ``to raise and support Armies'' and ``to provide and maintain a Navy.'' Mr. President, I defer to our distinguished Chairman. Again, I congratulate the chairman on bringing this bill to the floor. I yield the floor.