John Warner

Mr. WARNER

Mr. WARNER. I will hand you my copy.

Mr. WARNER. That is this bill we are discussing became law.

Mr. WARNER. I said those words. I stand by those words. I said ``de facto'' because there was every available means in the course of the debate on our authorizations bill for colleagues to come and challenge this. No one did. As a matter of fact, the first reference to this occurred when I was chairman of the committee and I remember, it was last fall--I think it was General Abizaid, I asked him about this very provision. It is in the Record. I said I was concerned about whether there was an obligation of Congress to go back and review this language and determine whether it comports with the various missions he was performing at the direction of the President. I can't recall exactly what his responses were. But I did raise this. That is the very reason I asked Senator Lugar to join me in raising it again. I think it is incumbent upon the Congress to debate it. But we certainly have passed by and legislated many times, with full knowledge that this is the basis on which the funds we have appropriated are being utilized for the forces.

Mr. WARNER. Madam President, we will go off the colloquy for that purpose? Amendment No. 2252 to Amendment No. 2241

Mr. WARNER. I thank my colleague. We did get part way into one of the pending amendments, and that is the amendment of Senator McConnell. I wish we had gotten one paragraph further and that is the National Intelligence Estimate, its conclusions. As a matter of fact, I understand another updated intelligence estimate is soon going to be received by the Congress and the American public. The National Intelligence Estimate states: Al-Qaida would attempt to use Anbar province to plan further attacks outside of Iraq; Neighboring countries would consider actively intervening in Iraq; and Sectarian violence would significantly increase in Iraq accompanied by massive civilian casualties and displacement. That is my concern with the Levin amendment. If we go in and announce with concrete law as to what our tactics should be, and we have this fixed timetable, with all due respect to my friend, I cannot support that. I thank my colleague.

Mr. WARNER. Mr. President, if the distinguished leader will yield for a minute, I want to thank our colleague. I listened to his presentation and thank him for his reflections about the committee's work under the leadership of Senator Levin and Senator McCain on the underlying bill. Eventually, I presume, we will focus more attention on that, but it is important to the Senator's State. The State of Colorado is one of the rocks in our overall defense system of this country, and I wish more people knew how important Colorado's citizens are in giving their support to our men and women of the Armed Forces who proudly serve us from that State. I thank the Senator for his contribution.

Mr. WARNER. Amazing.

Mr. WARNER. The citizens of your State have given 100 percent support to these military people all these years. They may miss a little bit of that airspace, but they are proud to have them there.

Mr. WARNER. Mr. President, Nellis Air Force Base is well cared for in the current authorization bill before this body.

Mr. WARNER. Mr. President, reserving the right to object, we, under our leadership of Senator McConnell, have a request for a rollcall vote on the Cornyn language. We would object to a unanimous consent request to agree to the amendment because there is a desire, a strong desire, to have a recorded vote on this important issue; that every Senator express his or her desire on this amendment. Having said that, we also want to check with the sponsor of the amendment to see if he wanted to make further comments prior to a vote. Again, we are confident we would be prepared to set that vote for a reasonable time tomorrow after we consult with the proponent. Therefore, I object to the request, and I propose we revisit this in the morning to see if we can find a time certain for a vote on the Cornyn language.

Mr. WARNER. Mr. President, I thank the distinguished leader for his understanding and the representation that we can resolve this issue tomorrow, and I know our leader is anxious to hopefully get through the various procedural matters relating to the underlying authorization bill so that can move forward.

Mr. WARNER. Mr. President, might I ask the distinguished assistant Democratic leader, I believe that business for today is concluded with respect to consents from the other side. Am I not correct on that? We will have the benefit of the remarks of the distinguished Senator Reed, and then he will wrap up, including two resolutions which we have on this side; am I correct in that?

Mr. WARNER. Is that the understanding?

Mr. WARNER. I am told by the floor staff there will be no request for consents tonight.

Mr. WARNER. I appreciate the assurances of the assistant leader.

Mr. WARNER. I wanted to read the important second sentence--I actually wrote this provision myself; Senator Lugar concurred in it-- the second sentence, after addressing the fact that we felt it required review by the Congress of the United States. That is the one required under the appropriations bill language, which we passed here--not passed; 50-some-odd Senators voted for it when I put it up. Therefore, as part of the September 15th, 2007, report, Congress expects that the President will submit to Congress a proposal to revise Public Law 107-243. So Senator Lugar and I come foursquare and address that issue straight-on. There is concern. I was one of the four Senators who wrote the language, and if I may engage my colleagues, the law, 107-243, provided support for U.S. diplomatic efforts. That is section 2. The Congress of the United States supports the efforts by the President to (1) strictly enforce through the United Nations Security Council all relevant Security Council resolutions regarding Iraq, and encourages him in those efforts; and (2) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion, and noncompliance and promptly and strictly complies with all relevant Security Council resolutions. Section 3. Authorization for the use of United States Armed Forces. That is the provision Senator Lugar and I address in our amendment. That authorization is very short, and I would like to engage in the reading of it. Authorization for use of United States Armed Forces. The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to (1) defend the national security of the United States against the continuing threat posed by Iraq; and (2) enforce all relevant United Nations Security Council resolutions regarding Iraq. So one is the benchmark, the underlying statement by the Congress which gives rise to the actions today to support the President, but I believe that in view of all that has transpired in the nearly 5 years-- this will be 5 years since we passed this in October--it is the duty of the Congress to review it, and we have asked in our amendment for the President to come forth with proposals.

Mr. WARNER. I think the President can still act within that language right there--defend the national security of the United States against the continuing threat posed by Iraq. The Government of Iraq that existed at the time this was written is gone; that was Saddam Hussein. There is a new government there. But they, unfortunately, have not exercised the full control, the full reins of sovereignty that the people of Iraq, voting freely, have given them. We set up the structure, the infrastructure that enabled those votes to take place, and we gave them a measure of security so that they could go to the polls and vote. But, in my judgment, this language still underpins the President's actions. I would remind the Senator, in a way, each authorization act of the armed services, since enactment of this law, in a sense de facto confirms the President's authority that he is exercising under it. We never challenged him in a single--I think I counted up 4 authorization bills and probably 10 different appropriations bills that have been passed authorizing the President to use these funds. Again, it is sort of de facto recognition that the language still stands. But my thought is that the American people, the world is entitled to Congress addressing it and, hopefully, we can resolve it and put down in greater detail the authority that the Congress wishes to give the President as he moves forward, having hopefully given the Congress the benefit of such revisions in policy as he deems necessary in early October this year.

Mr. WARNER

Mr. WARNER. Mr. President, I ask that I be made a cosponsor of that resolution.

Mr. WARNER

Mr. WARNER. Madam President, I am very privileged to advise the Senate, working with the leadership on both sides, particularly Chairman Levin and Senator McCain and myself, that I am now able to ask the Senate to proceed to executive session to consider the Executive Calendar, No. 163; that the nomination be confirmed, the motion to reconsider be laid on the table, and the Senate return to legislative session.

Mr. WARNER. Madam President, this nomination is for the Secretary of the U.S. Army, and it is essential that he be in position now. I am very pleased the Senate has taken this action.

Mr. WARNER

Mr. WARNER. There being no further business, Madam President, I suggest we return to the regular order of business.

Mr. WARNER

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

Mr. WARNER

Mr. WARNER. Mr. President, might I inquire again as to the schedule of the vote?

Mr. WARNER. I thank the Chair.

Mr. WARNER. Mr. President, I simply say, I intend to vote for this amendment. But let us not be unmindful of the enormity of the sacrifice of the men and women of the Armed Forces of the United States--and, indeed, perhaps with the assistance of other nations--in trying to ascertain exactly where bin Laden might be and perhaps to get him. So much of this, quite understandably, cannot be revealed, but I assure the American public that our U.S. military in no measure has been asleep in its pursuit of this infamous man, Osama bin Laden. I yield the floor to the Senator from Arizona.