John Warner

Mr. WARNER

Mr. WARNER. Madam President, I most respectfully say to my colleague, I am under firm instructions on this side--so many Senators are gathering at the caucuses who otherwise would follow this important debate. I will be happy to resume with Senator Byrd----

Mr. WARNER. Reserving the right to object, Madam President, can we possibly accommodate my colleague from West Virginia so he can finish this lineup, and I will be prepared to come to the floor with him, can I suggest, at the hour of 2 o'clock?

Mr. WARNER. Madam President, given that opportunity, can we agree then the 10 minutes expires--I am about to join the Secretary of State, Mr. Colin Powell--at the hour of 12:42 or 12:43 p.m.? If that is correct, that will be fine.

Mr. WARNER. I have no objection.

Mr. WARNER. I understood the time was 15 minutes.

Mr. WARNER. Madam President, may I just add to my colleague's remarks--he referred to Senator Stevens. He was in the Chamber a few moments ago talking with me. We shared those days because I was of that generation. Saddam Hussein possesses, today, an arsenal of weapons far more dangerous to the whole world than Hitler ever possessed. That was brought out in the colloquy yesterday. I thank my colleague.

Mr. WARNER. Will the Senator yield?

Mr. WARNER

Mr. WARNER. I yield the floor.

Mr. WARNER. Yes.

Mr. WARNER. Mr. President, I will say at this point in time, Senator Lieberman and I, and Senators McCain and Bayh drafted this resolution after listening to the suggestions of many Senators on both sides of the aisle. At this point in time, if any Senator has talked about changes, then the format by the Senator from Florida I expect should be followed by way of a formalization of the amendment. But at this point in time, we have other colleagues who are anxious to speak. I will give three quotes from President Bush's speech to the Nation last night about the imminent threat posed by these weapons of mass destruction: In 1995, after several years of deceit by the Iraqi regime, the head of Iraq's military industries defected. It was then that the regime was forced to admit that it had produced more than 30,000 liters of anthrax and other deadly biological agents. The inspectors, however, concluded that Iraq had likely produced two to four times that amount. This is a massive stockpile of biological weapons that has never been accounted for, and is capable of killing millions . . . Alliances with terrorists could allow the Iraqi regime to attack America without leaving any fingerprints . . . We've also discovered through intelligence that Iraq has a growing fleet of manned and unmanned aerial vehicles that could be used to disperse chemical and biological weapons across broad areas. We are concerned that Iraq is exploring ways of using UAVs for missions targeting the United States.

Mr. WARNER. Mr. President, I thank my colleague for his kind remarks. Indeed, we have worked together many times. We work together. I strongly differ. I think our President has clearly said--first before the United Nations and as late as last night--that there is imminent danger to our Nation from Saddam Hussein and his possession of weapons of mass destruction. We clearly have a difference on that. I strongly believe that this resolution, if it is to be brought before the Senate, will place a veto power in the hands of the United Nations. I cannot be a part of that. I will certainly oppose it as strongly as I know how.

Mr. WARNER. We have had excellent cooperation in the management of this very important matter. Senators have been forthcoming. I note that the Presiding Officer is now scheduled to speak. Is there a means by which we could accommodate him? I would be happy to sit in the Chair. But I also observe the presence of another Senator who immediately follows the distinguished Senator. We could perhaps flip. If I might suggest that.

Mr. WARNER. I don't dispute the rights. I am just trying to stay within the framework of the guidance being given by our respective leadership on the management of this matter.

Mr. WARNER. Madam President, I guess I am missing something, but drawing on my own modest experience in the military, where I for a period was communications officer in the 1st Marine Airwing, living with aviators who were being shot at every day, to me they are American citizens. I think Americans are being shot at as that fire is trying to interdict their aircraft. They may not be home in the United States-- perhaps they would like to be--but they are out there pursuant to orders of the Commander in Chief. It is not just President Bush. It was President Clinton. To me, that is hostility. To me, Americans are involved. Great Britain likewise is flying with their brave pilots. Somehow I am missing it.

Mr. WARNER. Yes.

Mr. WARNER. Then the amendment would become the pending business, would it not?

Mr. WARNER. I asked the question as to whether or not it would become the pending business.

Mr. WARNER. Madam President, was the Senator among the group that was being briefed in S-407 this afternoon from 2:00 to 3:00?

Mr. WARNER. Mr. President, I have just been handed the amendment of the distinguished Senator from Florida. I have looked it through. We will have a debate on it in due course. I must bring to the attention of the Senate that in the course of the drafting of the resolution by my good friend from Connecticut, myself, Senator McCain, and Senator Bayh, we took into consideration a lot of things and counseled with the administration. The point I wish to make is that, at first glance, this amendment seems to restore, in some sense, the original words of S.J. Res. 45, which I read: The President is authorized to use all means that he determines to be appropriate, including force, in order to enforce the United Nations Security Council resolution referenced above, to defend the national security interests of the United States against a threat posed by Iraq . . . This is the key part: . . . and restore international peace and security in the region. My recollection is that, in the negotiation, the Democrat side of the aisle was strongly in opposition to that last phrase in S.J. Res. 45 and, therefore, Senator Lieberman and I and others took it out when we drafted ours, S.J. Res. 46. I just make that observation, and I find it a bit perplexing. Nevertheless, I have had the opportunity to state my point.

Mr. WARNER. Madam President, I thank my colleague. I share the same sentiments towards the distinguished Senator from Florida. Madam President, in 1990-1991, Chairman Sam Nunn and I, as ranking member, had nine hearings. It is interesting, in the first hearing we had Secretary of Defense Cheney and Chairman of the Joint Chiefs of Staff Colin Powell. Isn't that interesting? And then in the ninth hearing were the same two witnesses, Cheney and Powell. And today, of course, I shared briefly a press conference with now-Secretary of State Powell and had lunch with now-Vice President Cheney. So that same team is together that was together under the first George Bush, ``Old 41,'' as we say. So I thank the Senator for that. We did lay before the Senate a record. We have put a record before the Senate of hearings in the two committees to which you have referred. I had hoped we would have had more hearings in our committee, but for reasons best known to our chairman, apparently, that was not possible. I very much wanted to have all four of the military chiefs. They don't want to sit this thing out. They are heavily involved. I was hopeful we could have had them, and then also the CINC, General Franks, who has the leading responsibility in the area of operation. But, unfortunately, no matter how hard we tried, it did not come to pass. My chairman, I respect whatever his views are on that. Senator Kennedy raised the question, why we did not have more facts. I just say that there were some of us who wanted to go on and have some additional hearings, but it was not possible. I thank the Senator.

Mr. WARNER. I yield the floor on this. Under the time agreement, our two colleagues are to speak. I suggest the Senator address the Chair as to his desire.

Mr. WARNER. Could the Senator direct himself to the point made by the Senator from Virginia, that our aircraft have been fired upon in enforcing resolutions 60 times in the month of September of this year alone? The total firings by ground-to-air missiles on our aircraft-- fortunately, they have not hit or brought down an airplane as yet--is that not engaging in combat, in war?

Mr. WARNER. At the appropriate time, we will address that. I thank my colleagues.

Mr. WARNER. If I could ask my colleague a question. It seems to me the risk is only magnified by the passage of time--whether it is weeks, months, or years--if we do not act. I draw to my colleagues' attention what the President said in addressing the Nation last night: Approving this resolution does not mean that military action is imminent or unavoidable. I paraphrase that he has not sought by this a declaration of war. War is the last option. The decision has not been made. Continuing, the President said: The resolution will tell the United Nations and all nations that America speaks with one voice and is determined to make the demands of the civilized world mean something. Congress will also be sending a message to the dictator of Iraq that his only choice is full compliance and the time remaining for that choice is limited. I draw the Senator's attention to a document entitled ``Joint Resolution'' distributed by the chairman of the Senate Armed Services Committee and the chairman of the committee on which my distinguished colleague and I serve. While this document is not at the desk, it purports to be in the form of an amendment and is under some consideration. I presume that because that is what was distributed by my good friend and colleague, Senator Levin. From page 4, I read the following: Authorization for use of United States Armed Forces pursuant to a new United Nations Security Council resolution. The question I ask for my colleague is in regard to section A: Pursuant to a resolution of the United Nations Security Council described in section 22, after the enactment of this Joint Resolution and subject to subsection B, the President is authorized to use the Armed Forces of the United States in destroying and rendering harmless weapons of mass destruction, [et cetera.] I read that as putting in the hands of the United Nations a veto on the actions taken by this body, a veto on the President's ability to use, as he has been given by the Constitution, the Armed Forces of the United States to protect at any time he deems necessary the security of America. Does the Senator support such a concept that the United Nations would have a veto at any time in this situation? The President has gone to the U.N. asking that they take action to enforce the 16 resolutions that have been ignored by Saddam Hussein, defied by Saddam Hussein, and they are now looking at a 17th, a framework for perhaps a new inspection regime, but this current draft of a proposed amendment implies that the U.N. has to act before our President can utilize the forces given to him by the Constitution of our country.

Mr. WARNER

Mr. WARNER. Will the Senator yield?