John Warner

Mr. WARNER

Mr. WARNER. Mr. President, under the standing order, is not the Senate now to return to the annual authorization Defense bill?

Mr. WARNER. Madam President, I ask unanimous consent the distinguished President pro tempore of the Senate, Senator Stevens, be made a cosponsor, and the distinguished ranking member of the Armed Services Committee, the Senator from Michigan, Mr. Levin, be made a cosponsor of amendment No. 4211.

Mr. WARNER. Madam President, we are going to accept this amendment by voice vote. I urge the adoption of the amendment.

Mr. WARNER. I move to reconsider the vote.

Mr. WARNER. Madam President, I rise today to speak on this amendment that will direct the first ship of the Navy's future class of air carriers, heretofore known as CVN-78, shall be named the USS Gerald Ford, in honor of our great statesman and leader, whose distinguished career of service to our Nation has spanned more than six decades. I can think of no finer tribute to our Nation's 38th President and indeed to the United States Navy than to add his name to a warship. Gerald Ford joined the Navy in February of 1942, along with millions and millions of other Americans who responded to the call following Pearl Harbor. It was just weeks after Pearl Harbor that he volunteered, in those first dark hours of the United States' entry into World War II. Leaving behind a family and a profession to serve in a distant corner of the globe, he exemplified his generation often referred to as the greatest generation and truly all generations of young Americans who have sacrificed to defend our freedom--be it freedom from tyranny or freedom from terror. As a young lieutenant, Gerald Ford came within inches of being swept overboard while selflessly performing his duties in the raging storm that battered Admiral ``Bull'' Halsey's fleet during action in the Philippine Sea. He was aboard a small aircraft carrier at that time. It was the USS Monterey, CVL-26. That ship, the Monterey, earned 10 battle stars for her role at Makin Island, Kwajalein, Truk, Saipan, the Philippines, and other major engagements in the Pacific theater. Lieutenant Ford had volunteered for that service aboard that ship and sailed in harm's way with many others. This memorable footnote in history of that one action where he selflessly performed lifesaving duties aboard his ship would instill in the future President a lifelong respect and appreciation for the hardships and dangers that surround our brave men and women in uniform. His military experience proved invaluable to his service as commander in chief and President of the United States. Following World War II, Gerald Ford again answered duty's call, gaining election in 1948 to the House of Representatives where he would ultimately serve our Nation for a quarter of a century. During those tumultuous years in our history, as Congress acted on grave and often divisive issues surrounding the Cold War, nuclear weapons policy, war in Korea and Vietnam, the assassination of a beloved President, the civil rights movement, and the resignation of a Vice President of the United States, Congressman Ford distinguished himself by his calm, steady guidance, his plain-spoken wisdom, his extraordinary character, and his openness. He was respected by all for his decency. These qualities propelled Gerald Ford to the forefront of his party. From 1965 to 1973, as minority leader of the House of Representatives, he was a unifying force in the Congress, serving not merely his party and constituency, but reaching across the aisle to find common ground and resolve for the greatest issues of the day. The history of the ensuing years is well known as a turning point in our modern history as a Nation, when the great system of checks and balances forged into our Government framework by the Founding Fathers met one of its greatest challenges. There was neither past precedent nor a clear path forward for the change of power that would take place. There was only certainty that the man who was to ultimately assume the responsibility of the office of the President of the United States must be a leader of uncommon integrity, one who would reach ably across the aisle as a leader of all the people, and one whose credibility at home and abroad would be a unifying force--a foundation for the future. In that hour of crisis, when public confidence in the Office of the President had ebbed, and the division between the executive office and the Congress had widened to its greatest extent in a century, our Nation placed its hope and trust in Gerald Ford to restore the faith of the people of the United States in the Office of the President of the United States and Commander in Chief of the Armed Forces. President Gerald R. Ford brought closure to the crisis with characteristic straight talk at his inauguration in August of 1974, when he humbly declared to the American people that: ``Our long national nightmare is over. Our Constitution works.'' With those words, our Nation moved forward under his leadership. During his administration, President Ford's policies at home pursued the path of healing and rebuilding--addressing the wounds of Watergate and the end of the war in Vietnam. He halted the postwar decline of our Armed Forces and set an early course for our Nation's defense posture, which proved a well-placed step toward ending the Cold War. Abroad, President Ford worked to achieve peace in the Middle East, to preserve detente with the Soviet Union, and to limit the spread of nuclear weapons. Furthermore, with a clear vision towards a prevailing freedom in Eastern Europe, President Ford advanced the cause of human rights and perhaps charted a way and new course for these people long oppressed under the Soviet regime with the signing of the final act of the conference on security and cooperation in Europe, commonly known as the Helsinki Agreement. In the three decades since departing the White House, President Ford has continued his relentless pursuit of the ideals which mark America's greatness. To this day, Gerald Ford remains an international ambassador of American goodwill, a champion for higher education, a strong supporter of human rights, an ardent proponent of strong national defense and international leadership by the United States, and a trusted adviser to the succession of Presidents who have built upon his foundation. I believe my colleagues will agree that it is entirely fitting that CVN-78 be named for a former carrier sailor, the USS Gerald Ford. I acknowledge the help and guidance and assistance of many in bringing up this amendment, notably among them John March, a friend of mine and an acquaintance, a fellow public servant. We both came out of World War II and met at Washington and Lee University. He went on to become a distinguished Member of the House of Representatives, serving there for 14 years. Then he was counsel to President Ford at the time of these difficult decisions that I have referred to. He then served as Army Secretary, and I think to date he is the longest serving Army Secretary in the history of our country. Likewise, a wonderful man, former Secretary of Defense Melvin Laird. He was Secretary when I was privileged to serve under him as Under Secretary and Secretary of the Navy, again a lifelong friend and admirer of Gerald Ford. Also, the Ford Foundation members, and so many others. I spoke with Vice President Dick Cheney yesterday. Indeed, he was Chief of Staff to President Ford in his years of the Presidency, and Don Rumsfeld also served and was appointed by President Ford as Secretary of Defense when he first served with great distinction. So I introduce this amendment, now acted upon by the Senate, with the deepest sense of humility and gratitude to this fine man who touched my life, who helped form my career, who held a Bible on the steps of the Senate with me when I was sworn in as head of the Nation's bicentennial, having then just stepped down as Secretary of the Navy; again served under President Ford in that capacity, to take on the direction of that brief chapter of America's history where our country, together with 22 other nations, recognized the magnificent achievement of our great framework of Government beginning in 1776. So I do so, and I am very heartened that I am joined by the distinguished President pro tempore of the Senate, Senator Stevens, who has been a lifelong friend. It is not entirely coincidental that I am joined by my distinguished colleague, friend, and coworker here in the venue of the Armed Services Committee for these 28 years that we have served together, the distinguished Senator from Michigan, from whence Gerald Ford came to serve his country as Congressman and Vice President. Madam President, I ask unanimous consent that the timeline of President Gerald R. Ford's life and career be printed in the Record.

Mr. WARNER. Sure, the amendment would come next.

Mr. WARNER. Mr. President, the ranking member, together with our leadership, had hoped to have a vote. That will not occur at this time. We are contemplating having that vote, which would be on the Dorgan amendment, at 3:45 today. At this time, I cannot speak to the finality of that. The leadership is considering that issue. In the meantime, I will address the Dorgan amendment. The committee has been active in exercising oversight on the Department of Defense contracting, particularly in Iraq, and held a hearing earlier this year focused specifically on recent findings of the Special Inspector General for Iraqi Reconstruction. In addition, the committee held several acquisition reform and general contract oversight hearings this year. I was particularly taken by some of the remarks of the distinguished Senator from North Dakota, Mr. Dorgan. We do not take lightly the message that he spoke to today. The Special Inspector General for Iraqi Reconstruction was established by Congress in October 2004 to provide oversight of the Iraqi relief and reconstruction fund and all obligations, expenditures, and revenues associated with reconstruction and rehabilitation activities in Iraq. The SIGIR oversight is accomplished via independent audit, field inspections, and criminal investigations into potential fraud, waste, and abuse funds. The SIGIR submits quarterly and semiannual reports to Congress, the latest of which contains 29 audits of specific projects and activities. The SIGIR operates a hotline for reports of possible waste, fraud, and abuse and has uncovered criminal activity that has been referred for prosecution. There are three separate GAO reviews ongoing specifically to review contracting practices in Iraq--DOD's efforts to identify and resolve cost issues on Iraqi reconstruction contracts, Iraq reconstruction contracts, and agency competition requirements for Iraq reconstruction contracts since fiscal year 2004. The proposed amendment covers a range of policies introduced under the jurisdiction of multiple committees, including Homeland Security, Governmental Affairs, Judiciary, and Armed Services. Careful consideration and deliberation is required on a number of proposed provisions in the amendment. For example, one provision in the amendment addresses the issue of the role of contractors in performing inherently governmental functions. Definitions of ``inherently governmental functions'' and the role of contractors in supporting the Federal workforce in a variety of duties is an important issue, the resolution of which would have wide-ranging consequences and impacts. It deserves investigation and debate, not a few pages with a larger amendment attached to a major bill. Another provision addresses broad workforce policy issues. The amendment contains a number of other problematic provisions with undefined terms of statutory requirements and disclosure requirements with questionable benefits. I know the committees of jurisdiction, including Judiciary and Governmental Affairs, will also want to review the details and impact of the proposed legislation and to relate it to the current statute and regulations. The Armed Services Committee conducted oversight on the larger policy issues related to emergency or contingency contracting and held a previous hearing in May 2004 specifically on contract management in Iraq. The committee has also held a number of Iraqi related hearings and briefings where Iraqi contracting issues have been discussed. Frequent bipartisan staff briefings on Iraqi contracting have been conducted with DOD, GAO, DOD IG and SIGIR officials. Issues identified in the May 2004 hearing and in these briefings related to security contractors in Iraq and insurance costs have been the subject of legislation in the last two authorization bills. This year's authorization bill builds on these reforms with legislation specific to effective and accountable management of large programs and projects in hostile environments. Problems identified such as improper billing, overcharges, and fraud against the government are addressed through existing mechanisms to identify these acts and punish those who defraud the government. For example the False Claims Act provides for criminal and civil sanctions. It is important we adhere to due process protections for debarments and suspension of contractors. Department of Defense 7640.2--Contract Audit Followup system-- implements OMB Circular A-50--requires tracking of all audit reports with significant audit findings and is monitored by the DOD Inspector General, and includes semi-annual reports to Congress. Virtually all Defense Contract Audit Agency audits are subject to this followup tracking system.

Mr. WARNER. Will the Senator yield?

Mr. WARNER. Could the Senator state the time when the House cast that vote?

Mr. WARNER. Mr. President, I thank our distinguished colleague from Maine. She is a valued member of the Senate Armed Services Committee. She has taken enormous interest in shipbuilding. Obviously, she has one of the world's finest yards in her State. Nevertheless, naval power and seapower are of great interest to the Senator from Maine. I thank her for her remarks and her strong participation as a member of the committee.

Mr. WARNER. Mr. President, at this time, it is our hope and expectation that we will have another amendment soon brought to the floor. Amendment No. 4230

Mr. WARNER. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. WARNER. Mr. President, the Senator from Florida desires to speak regarding the National Guard. For that purpose--oh, yes, Mr. President, I had indicated to the distinguished Senator from Texas that she could speak. She wanted how much time?

Mr. WARNER. Why doesn't the Senator from Texas go first.

Mr. WARNER. Yes. The Senator from Texas and the Senator from Florida. I yield the floor.

Mr. WARNER. Mr. President, is the pending amendment the Dorgan amendment?

Mr. WARNER. Mr. President, I move to table the Dorgan amendment. I ask unanimous consent that the vote on the motion to table occur at 3:45 this afternoon; provided further that between now and 3:45, Senator Dorgan be recognized to speak for up to 15 minutes on the amendment.

Mr. WARNER. Mr. President, I suggest the absence of a quorum.

Mr. WARNER. I yield the floor.

Mr. WARNER. May I inquire of the distinguished Senator if he has any way of estimating the amount of further debate on this amendment because we could quite likely schedule it for a vote this evening, subject to his concurrence.

Mr. WARNER. I understand Senator Byrd would like to.

Mr. WARNER. Fine, then I ask unanimous consent that upon the conclusion of the scheduled vote, the Chair recognize the Senator from Arizona for such additional remarks as he may wish to make.

Mr. WARNER. I move to reconsider the vote, and I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. WARNER. Mr. President, I will now propound a unanimous consent agreement which I think is in the possession of my colleague.

Mr. WARNER. Mr. President, we are ready to proceed. The work achieved yesterday resulted in unanimous acceptance of a bipartisan amendment sponsored by the Senator from Virginia and the joint leadership. We then proceeded to an amendment under an arrangement whereby the minority was able to offer an amendment by Senator Lautenberg. I had the opportunity to speak briefly with him this morning. There was some indication that he would be willing to accept a proposal I had to make a slight modification, in which case I would hope we could proceed to either an acceptance by voice vote or schedule a vote at a time so desired by the leadership of the Senate. I assume at some point in time I will be able to obtain information on that point. Absent that, I see my distinguished colleague, the Senator from Michigan. I was advising the Senate that the pending amendment is the Lautenberg amendment. On another committee where we were together in a markup session, there was some indication that he would be amenable to a modest modification to bring his amendment in parallel with what the committee had done. That is the pending business. We then turn to an amendment by the Senator from Virginia which I would like to discuss with my senior colleague in a minute or two before we turn to that. Unless there is a matter to address the Senate on, I would suggest we place a quorum call in for a few minutes.