Mr. President, I say to my distinguished ranking member, I think at this time it would be appropriate if the Senator wishes to bring up his amendment. We are in business, I say to my colleagues wherever they are, for purposes of…
Mr. President, I say to my distinguished ranking member, I think at this time it would be appropriate if the Senator wishes to bring up his amendment.
We are in business, I say to my colleagues wherever they are, for purposes of amendments. The Senator from Michigan and I will be here for some period of time in hopes of processing amendments.
Mr. President, if I could engage my distinguished ranking member in a colloquy, historically this amendment is almost identical in form to what came before the Senate on 14 September last fall, 2005. It was defeated by a vote of 53 to 44. And that was on the Commerce- State-Justice appropriations bill. Then, with the tenacity of our good friend from North Dakota, he brought the same amendment up again on October 19, 2005. Again, it was defeated by a vote of 54 to 44 on the Transportation appropriations bill.
So the Senate on two occasions has examined this before other committees and defeated it.
Now, let's go back a little bit in history, and this is a part of Senate history that you have greater familiarity with than do I. Your distinguished predecessor, Senator Nunn, when I worked with him--he was chairman, I was the ranking member of the Armed Services Committee-- there would be times when he would say, ``John, I simply have to take off a week; I have this special committee.'' He was then on the committee on which you served, I think, throughout your tenure in the Senate; now called Homeland Security, it used to be called Government Operations. And the Senate as a body some time ago decided to take the roots of the Truman Commission, which, indeed, was a successful operation, and repose it, place it into the Government Operations Committee, now the Homeland Security Committee.
Another 28 years.
Mr. President, I say to my good friend, yes, there are instances of fraud and abuse, and work has been done by the Armed Services Committee Readiness Subcommittee. I believe Senator Akaka is on that committee from your side of the aisle. It is a lot of work. It is not as if somebody is sitting on their hands.
Fraud, waste and abuse within the Federal contracting system, while not pervasive, is a significant problem that we as a Congress must, and are, addressing.
The potential for fraud, waste and abuse is not limited to just Iraq and Afghanistan. Through the use of normal committee legislative tools and processes we have uncovered fraudulent and wasteful cases and are conducting systemic oversight.
The Armed Services Committee has conducted numerous hearings and briefings on acquisition oversight and reform (including oversight of contracting in Iraq) and has initiated investigations by the GAO and the Inspector General on DOD acquisition practices and programs.
Other committees, such as Homeland Security and Governmental Affairs and Foreign Relations, with jurisdiction over government contracting, have similar oversight records.
The Office of the Special Inspector General for Iraq Reconstruction was established to look at Iraqi contracting. The special IG routinely briefs this Committee and others on its findings.
Just yesterday we approved an amendment to expand the special IG's oversight to include a broader range of funds being used to contract for Iraq reconstruction activities.
And, as I noted earlier this week, the special IG submits quarterly and semi-annual reports to Congress. The inspector general operates a hotline for reports of possible waste, fraud and abuse and has uncovered criminal activity that has been referred for prosecution.
The special inspector general's efforts have yielded important oversight results and have prompted three specific lessons learned initiatives.
The lessons learned initiatives are: (1) human capital management; (2) contract management; and (3) program management.
The contract management report should be out later this summer.
The committee has also addressed contract and acquisition reform through a series of legislative provisions and initiatives.
I will highlight three recent examples:
No. 1, Section 817 of last year's defense authorization act addressed the need for a joint contingency contracting plan;
No. 2, Section 841 of that same legislation required GAO to review efforts of the Department to identify and assess areas of vulnerability for contracting waste, fraud and abuse. This report should be completed soon;
No. 3, the committee included a provision in this year's bill to build on previous oversight efforts in the contracting area. Section 864 of our bill would require the Department to develop contingency program management plans. This section is part of a series of provisions designed to improve acquisition and contracting outcomes across the department through better overall program management.
I believe our activities, which I have very briefly outlined here, represent the best approach to conducting oversight. We bring in the experts and have them address systemic and specific problems.
We want to avoid an approach that would lead to wasting much of our oversight efforts on anecdotes of individual fraudulent acts which mayor may not show that we have a systemic problem.
We need to prosecute those singular cases and protect against fraud, waste and abuse in a way that can still deliver goods and services to the warfighter as quickly as possible.
So I say to my colleague, I appreciate his concerns and I look forward to working with him to address problems with Federal acquisition.
However, I do not support the establishment of a new special Committee which would duplicate the work of this Committee and would only look at selected Federal expenditures and contracts.
I come back to this creation of the entity that the Senator from North Dakota wants and I again draw attention to the fact that Homeland Security has been given by the Senate the overall responsibility and an investigating committee with special funding, special staff to do investigations. Senator Nunn utilized it frequently when he was chairman of our committee. But there isn't a committee in this body that is not faced from time to time with the subject of fraud, waste, and abuse. And the Senate decided, rather than have each of the committees have their own special investigating team, to put together this subcommittee in the Government Operations Committee to do this work.
So I come back to my friend and just ask, why should we create something additional to what is already present, structured by the Senate to address the fraud, waste, and abuse problems in all the committees that we serve on and it was placed in the Homeland Defense Committee?
Mr. President, I would certainly entertain that.
You serve on that committee.
What I would suggest we do is have a consultation with Senators Collins and Lieberman and then follow up with a letter, if we deem appropriate.
That committee has done a prodigious amount of work. I certainly commend the chairman and ranking member of the Homeland Security Committee. They are workers.
So we have a procedure on that. For the moment, I suggest we set aside the pending amendment and turn to the matter of trying to clear some amendments on this side. Is that appropriate at this time?
Mr. President, I send a series of amendments to the desk which have been cleared by myself and the distinguished ranking member. I ask unanimous consent that the Senate consider the amendments en bloc, the amendments be agreed to, the motions to reconsider be laid upon the table, and that any statements relating to any of these individual amendments be printed in the Record.
Fine. The Senators I have indicated here on my sheet are
Senators Sessions, Obama, Allard, Salazar, and I judge that scribbling is Senator Warner of Virginia.
Mr. President, the Senator from Michigan and I have been here, together with the leadership of both sides, making it clear we are ready to conduct business on such amendments as may be brought before the Senate on this bill. I believe at this time we have now completed such business as was ready. I anticipate the leadership will advise us with regard to the schedule on Monday, and most certainly we will be back up at some point in time during that day to continue. I hope I will be joined by my distinguished colleague from Michigan urging Senators to come to the floor.
On our side of the aisle, I only know of perhaps two amendments that might be offered--one, as you are quite familiar with, by the Senator from Georgia with regard to certain aircraft programs. That is clear on its face. The other one I will work through. Frankly, I would have to say to my colleagues throughout the Senate, most particularly to my ranking member, I begin to see the light at the end of the tunnel, certainly as regards the amendments that could be forthcoming from this side of the aisle.
I know the Senator from Georgia wishes to offer his.
Correct.
I think the distinguished Senator from Massachusetts intends to revisit his strong approach to some of the situations in Iraq, particularly regarding troop structure.
In addition to the one from the Senator from Massachusetts?
I see the distinguished minority whip here. Maybe he could advise us what his ascertainment might be with regard to the balance of amendments on that side.
Mr. President, Senator Frist and I have discussed that. I believe he is in conversation with the leadership on your side. I heartily endorse that approach. Perhaps we could formalize it in some way.
Only in the sense that the two leaders and you and I come to the floor. I am not suggesting cloture or anything of that nature. I would hope this bill could be passed on by the Senate without the benefit of any cloture motion.
Whatever the distinguished Senator from Illinois wishes, please proceed.