John Warner

Mr. WARNER

Mr. WARNER. Madam President, I am deeply touched by my colleague's comments. We have stood toe to toe on this floor. How many times have we walked right out here and looked each other in the eye, and sometimes with a great deal of ferocity disagreed on matters? But I suppose if you ever asked Members of the Senate what their greatest reward for service in the Senate would be, certainly high among those rewards is the personal association with Members. I have calculated, I say to the Senator, in the time we have been here these 28 years there have been 241 different Senators we have come to know and shared the work of this great institution. We have shared it with them. But you have been very special, a good friend. We do not always agree, but that is all right. That is one of the foundations of this country. But I do hope perhaps together we can work on forging this consensus which I feel so strongly about, and you feel so strongly about, because this is one of the most unusual chapters of the history of America. I say to the Senator, you mentioned my association with the men and women of the Armed Forces. I was privileged to serve as a 17- or 18- year-old sailor in the last year of World War II and later in the Marines during the Korean conflict. I mention that only because my military active duty is of no great consequence. I just did what millions of others have done--no great valorous contribution, but I did my duty. But I got to know those people and what it is that inspires a young person to volunteer. Then my work as Secretary of the Navy in the final years of that turbulent period in Vietnam, we emerged with the All-Volunteer Force, which is the most extraordinary military force in the world today. Nothing comparable. If you look back in military history, there used to be not only conscripts, but they used to go out and lock them up. It is noted in the Navy, they would go back and hijack innocent civilians and put them onboard ships, and the Navy would keep them there for 2 years. They never got off the ships. But today we have this All-Volunteer Force. And decisions in the military are made around the dinner table--we say, the families--and therefore they are a vital part of it. So I am so proud to work with you and the members of the committee. And I say to the Senator, you are going to do a fine job as chairman. You had that briefly for a while, and now you have it again. We are there to support you in your capacity as chairman and do everything we can. I hope one of the earliest challenges out of the box, as we say, in January 2007--just weeks away, surprisingly--will be that we can work on a consensus in the supporting of our President and supporting the men and women of the Armed Forces as we chart the future direction for Iraq and other conflicts. I mentioned the report of the Baker commission, I say to Senator Levin. I am just looking through it. We were both in there this morning. But they said the following on the first page: Our country deserves a debate that prizes substance over rhetoric, and a policy that is adequately funded and sustainable. The President and Congress must work together. Our leaders must be candid and forthright with the American people in order to win their support. The reason I urged the President to come and visit privately with the leadership of the Congress before his final decisions was a reflection of the mandate of the people in this most recent election. I believe they spoke very loudly. This war was heavily influencing the judgment they made when they went to those polling places. This report stresses the need for that public support. The young men and women who go out and take these burdens on want to feel that every American citizen is behind them as they perform their duties. Further, this report says, on the next page: What we recommend in this report demands a tremendous amount of political will and cooperation by the executive and legislative branches of the U.S. Government. It demands skillful implementation. It demands unity of effort by government agencies, and its success depends on the unity of the American people in a time of political polarization. Americans can and must enjoy the right of robust debate within a democracy. Yet, U.S. foreign policy is doomed to fail--as is any course of action in Iraq--if it is not supported by a broad, sustained consensus. The aim of our report is to move our country toward such a consensus. We have had two chapters. We have had this and the vote of the committee yesterday. I do not wish to predict the vote that will take place, but in my heart of hearts, I think there will be a strong consensus when, hopefully, the vote on Mr. Gates is taken in the Senate. I thank my colleague for his strong effort to make all of this possible. I believe our colleague from Texas wishes to address the Senate.

Mr. WARNER. Madam President, from the depth of my heart, I express my appreciation to the Senator and others who have reflected those sentiments.

Mr. WARNER. Madam President, I thank our colleague for his distinguished participation on our committee for these many years. He was with us all day yesterday in regard to the hearing. The Senator's questions were very pointed. I am delighted to hear of his support. At this time, I think the Senator from Texas is ready.

Mr. WARNER. Absolutely. Now would be the time to do it. I wish to inquire of the Presiding Officer, is there not an order to stand in recess at 12:30?

Mr. WARNER. I hope at that time we can make a unanimous consent to take such time as the Senator needs.

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

Mr. WARNER

Mr. WARNER. Mr. President, I say to our distinguished colleague from Colorado that I had the privilege of being with the distinguished ranking member, Senator Levin, Senator Biden, Senator Lugar, Senator Lieberman--a group of us at the White House--Senator Rockefeller, Senator Roberts, counseling with the President on these various issues. It was an extraordinary meeting. I have had the privilege throughout my 28 years in the Senate to be in that Cabinet Room many times, but this was a very historic moment. The President listened very carefully to the perspectives and views of Members of the Senate, and we had an equal number from the House of Representatives. I am encouraged for the future. I am looking forward to our President assessing all of the options related to Iraq. I commended the Baker-Hamilton report during the course of our meeting. We talked about his interim study. We talked about the Pentagon input and the input of the Chairman of the Joint Chiefs. I am optimistic that our President is going to carefully consider all options. But we must wait and see as he, under the Constitution, has to make that final decision with regard to such changes that we may have in our policy. I thank the Senator.

Mr. WARNER. Mr. President, I have to say that I think, colleagues, we must maintain the 5 o'clock voting time. A lot of Senators rearranged their schedule. I was unaware because I happened to be away from the floor. I yield the floor. I thank the courtesy of the Chair.

Mr. WARNER. Mr. President, I see no other Senators seeking recognition, so I think we may as well--the standing order is the vote begins at 5 o'clock?

Mr. WARNER. Mr. President, I ask for the yeas and nays.

Mr. WARNER. I thank the Presiding Officer.

Mr. WARNER. Mr. President, 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, at this time, I congratulate and express my gratitude to the extraordinary staff of the Armed Services Committee. My distinguished colleague, the senior Senator from Michigan, and I have been together 28 years on this committee and have worked with this staff, almost all of them, throughout my 6-year tenure and many prior thereto when Senator Levin was chairman of the committee. I want today's Record to reflect our appreciation and that of many Members of this Chamber who worked with the distinguished staff. I ask unanimous consent to print in the Record the chronological history of that staff, who were of great assistance to Senator Levin and me as we prepared for this important nomination and held the hearing yesterday.

Mr. WARNER

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

Mr. WARNER

Mr. WARNER. Mr. President, I rise today to pay special tribute to GEN James Logan Jones, USMC, who is concluding his extraordinary career in the Marine Corps with his retirement as Commander, United States European Command and as the Supreme Allied Commander of NATO. For 5 decades, Jim Jones and his family have faithfully served our Nation in peace and war. From 1965, when he led a platoon in the jungles of Vietnam, to 1999, when he became the 32nd Commandant of the United States Marine Corps and subsequently led the Corps through 9/11 and the ensuing, turbulent years of the global war on terrorism, to the present day as he ensures that NATO--the world's preeminent security alliance--is ready for the 21st century, Jim Jones is the embodiment of what a modern American military leader should be--warrior, statesman, visionary. My long association with General Jones began in 1972 when I was privileged to take the oath of office as Secretary of the Navy at the historic Marine Barracks in our Nation's Capital. Years before, in the winter of 1951 to 1952, I served in Korea, as a young Marine Corps ground officer with the 1st Marine Air Wing. That modest service, coupled with many years of reserve duty thereafter, prompted me to select the Marine Barracks when I became the first Secretary in history to be sworn in on those grounds. Ten years later, I learned that one of the Marine captains who commanded a company of marines that marched at the ceremony that day was CPT Jim Jones. Years later, we were reunited when he was specially selected to come to the Senate to serve as a Marine Corps liaison officer. Our first trip, with Senator John Tower, the chairman of the Senate Armed Services Committee in the early 1980s, was to go to Lebanon to inspect the tragic site where the U.S. Marine barracks were blown up by suicidal terrorists. Jim's service in the Corps is a lasting memory for me, and many other Members, to name a few: Senators Hagel, Inouye, Levin, Lugar, McCain, Roberts, Stevens, Burns, and Thomas, because of his professionalism and dedication to the Senate's constitutional obligation ``to raise and support armies,'' and ``to provide and maintain a navy.'' As the years passed on, I have observed with great admiration as Jim Jones applied his talents and abilities to the numerous opportunities and challenges he faced--from Vietnam to the halls of the Pentagon and Senate, to the deserts of the Middle East, to Eastern Europe and Africa. Our Nation has produced such a courageous, skilled and dynamic officer in Jim Jones. Among his most challenging assignments was his last where he led the most aggressive transformation efforts in NATO's history--including a comprehensive headquarters realignment, developing NATO's global military capabilities, creating the NATO Response Force, bringing new members into NATO's military structure, and embracing the concept and practice of out-of-area missions for NATO. Under his guidance, NATO now has 30,000 troops deployed in locations across the globe and is leading the International Security Assistance Force in Afghanistan. Unlike his predecessors, Jim Jones would travel to any geographic location in his area of responsibility to personally brief traveling Members of Congress--using charts galore. As a steadfast, life-long supporter of NATO for its unparalleled success in achieving peace through steadfast resolve, I was privileged to watch General Jones provide extraordinary leadership of NATO's military forces as NATO expanded its membership and began to embrace of out-of-area missions. I share his view that: ``NATO has been, and needs to remain, a great Alliance: great Alliances do great things. It is possible, even probable, that NATO's most important days and most important missions lie ahead in the future.'' Thanks in no small measure to General Jones' contributions, I am confident that NATO is and will be always ready for those challenges. For the years they have shared with him the burdens and joys of arduous public service, it is also important that we publicly thank his wife Diane, and their children, James, Jennifer, Kevin, and Greg. They, too, have sacrificed much for their country. How proud they are, and we are, that their son Greg is an active duty captain in the Marine Corps today. In keeping with the finest traditions of the Marine Corps throughout its 229-year history, General Jones and his family are grateful for their opportunity to serve, and our Nation is equally grateful for their contributions. As GEN Jim Jones prepares to ``hang up'' his Marine Corps sword, our Armed Forces, the Congress, and our Nation owe him a huge debt of gratitude for his many years of commitment and service to this country. General, sir, in the immortal words of the Navy-Marine Corps team, may you have fair winds and following seas as you embark on your next endeavor. Semper Fidelis.

Mr. WARNER

Mr. WARNER. Mr. President, for the Committee on Armed Services I report favorably the following nomination lists which were printed in the Record on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar, that these nominations lie at the Secretary's desk for the information of Senators.

Mr. WARNER

Mr. WARNER. Mr. President, I want to take a moment to commemorate an important event that took place on Veterans Day weekend. On November 10, the Marine Corps Birthday, I was privileged to give the annual address at the revered Iwo Jima Memorial, and then to attend the dedication of the National Museum of the Marine Corps in Quantico, VA. This marvelous dedication featured remarks from President Bush, President of the Marine Corps Heritage Foundation General (Ret.) Ron Christmas and the distinguished news anchor and former marine, Jim Lehrer. They were joined by thousands of fellow marines--past and present--including Chairman of the Joint Chiefs, GEN Pete Pace, Commandant of the Marine Corps Michael Hagee and former Senators John Glenn and Chuck Robb. Especially moving was President Bush conferring our Nation's highest military decoration, the Medal of Honor, posthumously, on Cpl Jason Dunham, who was tragically killed outside the Iraqi town of Karabilah in 2004. For all who worked tirelessly to construct this wonderful museum that highlights the Marine Corps experience, that dedication ceremony became a tribute of a lifetime for all marines. On this week of Veterans' Day, and the Marine Corps Birthday, we remind ourselves that we are here solely because of the sacrifices of men and women who for 231 years now have worn our Nation's uniform to preserve our freedoms against outside enemies. Like the ``Devil Dogs'' of Belleau Wood, today's generation of Leathernecks--from the Commandant to the newest recruit at Parris Island--have answered one of the highest callings: serving as a marine for the greatest Nation on Earth. As President Reagan famously observed, ``some people spend an entire lifetime wondering if they have made a difference. Marines don't have that problem.'' My good friend of many years, Jim Lehrer, gave a particularly inspired speech at the museum dedication that captured the fundamental nature of what it means to be a marine, and how that experience shaped him, as it did all of us, in our lives. I ask unanimous consent that his inspiring speech be printed in the Record as a tribute to all marines, former or current, around the world.

Mr. WARNER

Mr. WARNER. Mr. President, this past August, the surviving members of the 99th Infantry Division met together in Fort Mitchell, KY. Of this division, only a few remain. But the survivors and their widows gathered in August to complete the final chapter of the story of this exceptional group of Americans. The Battle of the Bulge is well known to most Americans, but the efforts and triumphs of the 99th Infantry are less well recognized. These men played a crucial role in the eventual Allied victory, though few knew it at the time. This battle is best described by Professor Stephen Ambrose, the preeminent World War II historian who provides a snapshot of their efforts in an article in the Military History Quarterly. Ambrose describes the scene along Elsenborn Ridge: To the north, between Monschau and Losheim, the U.S. 99th Infantry Division, newly arrived in Europe, and the 2nd Infantry Division . . . did not simply delay the German advance but stopped it along the critical point of the whole battle, Elsenborn Ridge. The low ridge . . . was the main objective of Sepp Dietrich's 6th Panzer Army. Elsenborn Ridge was the Little Round Top of the battle. The German General Dietrich drove his units mercilessly, but he could not take it due to the steadfastness of the American resolve and the sheer courage of these brave men facing the ultimate test in brutal conditions. Ambrose adds, ``In the vast literature of the Battle of the Bulge, Elsenborn Ridge always yields pride of place to the far more famous action . . . at Bastogne. Everyone knows about the 101st Airborne at Bastogne; almost no one knows even the names of the 99th and 2nd Infantries. Yet it was along Elsenborn Ridge . . . that these two ordinary infantry divisions, largely out of touch with their commands, outnumbered 5 to 1 and worse, outgunned and surprised, managed to stop the Germans in their main line of advance. The Germans never did take the Ridge. Their heroic stand at Elsenborn Ridge helped turn the tide at the Battle of the Bulge, where we suffered some 80,000 casualties. Although many of the 99th have passed on, their tradition remains strong, especially among their descendents. Mr. George Pedersen, a distinguished Virginia businessman, is the nephew of 99th Infantry soldier, SGT Arnie Goa. Like most of his fellow soldiers of this little known but critically important action, Sergeant Goa has passed into history, but his legacy lives on, and George Pedersen thought it important to commemorate his uncle and the soldiers of the 99th, so he volunteered to underwrite the reunion, paving the way for the remaining soldiers and their families to meet, exchange stories, and complete that final chapter of distinguished service to their Nation. Many of these fine men may have passed, but in a very real sense, Sergeant Goa's spirit, and the spirit of his fellow soldiers, lives on in the lives and sacrifices of our young men and women in uniform who serve our country today. I know that these veterans of that long ago battle would all be immensely proud of those who now follow in their footsteps. I commend these veterans and their families for their great contribution to each of us, and I commend Mr. Pedersen for his contribution to their memories.

Mr. WARNER

Mr. WARNER. Mr. President, for the Committee on Armed Services I report favorably the following nomination lists which were printed in the Records on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. WARNER

Mr. WARNER. Mr. President, I wonder if the Senator would yield to me for a moment?

Mr. WARNER. For the purpose of putting in a quorum call. Mr. President, I suggest the absence of a quorum.

Mr. WARNER

Mr. WARNER. I also thank the Senator from Ohio for raising this important question. I concur with the assessment of my good friend from Arkansas regarding the preemptive effect of this chemical facility provision. As the Senator noted, there is strong Supreme Court precedent regarding the implied preemption of State laws, especially as it relates to homeland security, homeland defense, and national security. There are several examples of statutes that remain silent with regard to the effect on State laws and it has been my belief throughout the entire debate on chemical security legislation that this precedent should hold true if we did not explicitly speak to the issue to State preemption.

Mr. WARNER

Mr. WARNER. Mr. President, for the Committee on Armed Services I report favorably the following nomination lists which were printed in the Records on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. WARNER

Mr. WARNER. I rise today to join my colleague from Virginia, Senator Allen, in offering a bill to name the new Richmond Courthouse for two distinguished jurists and sons of Virginia. We are privileged in the Commonwealth to have a long history, beginning with Jamestown as the first permanent English settlement on the American Continent. As a young republic, the College of William and Mary was selected as a site for the Nation's first law school. The two men to be honored in the naming of the new U.S. Courthouse in Richmond were lawyers who throughout their careers adhered to the principle of ``equal justice under law.'' Spottswood William Robinson, III was born in Richmond, VA on July 26, 1916. He attended Virginia Union University and then attended Howard University School of Law, graduating first in his class in 1939 and serving as a member of the faculty unti1 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 United States District Court for the District of Columbia. In 1966, President Johnson appointed Judge Robinson the first African-American to the United States Court of Appeals for the District of Columbia Circuit. On May 7, 1981, Judge Robinson became the first African American to serve as Chief Judge of the District of Columbia Circuit. Judge Merhige was born in New York in 1919 and he attended college at High Point College in North Carolina. He 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 United States Air Force and 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 unti1 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 ground breaking 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. Senator Allen and I carefully took this responsibility in naming the U.S. Federal. Courthouse in Richmond. We worked on it for several years and consulted the Virginia Bar Association and sought the views of the bench and bar. 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. I attach a letter from the former Virginia Governor, the current Mayor of Richmond, L. Douglas Wilder. I value greatly the views of a friend and fellow public servant and one who has joined me on many issues to benefit the people of Virginia. I thank the Senate for the consideration of this bill and look forward to working with my colleagues seeking its passage. City of Richmond, Richmond, VA, September 29, 2006. Senator John Warner 225 Russell Senate Office Building, Washington, DC. Senator George Allen, 204 Russell Senate Office Building, Washington, DC. Dear Senators Warner and Allen: On behalf of the City of Richmond, please accept this brief note in support of your collective decision to name the new U.S. District Court in Richmond for ``Spotswood W. Robinson III and Robert Merhige, Jr.'' Both men played a significant role in Virginia's history and are remembered as ``giants'' within Richmond's legal community. Sincerely, L. Douglas Wilder, Mayor.

Mr. WARNER

Mr. WARNER. I rise today to join my colleague from Virginia, Senator Allen, in offering a bill to name the new Richmond Courthouse for two distinguished jurists and sons of Virginia. We are privileged in the Commonwealth to have a long history, beginning with Jamestown as the first permanent English settlement on the American Continent. As a young republic, the College of William and Mary was selected as a site for the Nation's first law school. The two men to be honored in the naming of the new U.S. Courthouse in Richmond were lawyers who throughout their careers adhered to the principle of ``equal justice under law.'' Spottswood William Robinson, III was born in Richmond, VA on July 26, 1916. He attended Virginia Union University and then attended Howard University School of Law, graduating first in his class in 1939 and serving as a member of the faculty unti1 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 United States District Court for the District of Columbia. In 1966, President Johnson appointed Judge Robinson the first African-American to the United States Court of Appeals for the District of Columbia Circuit. On May 7, 1981, Judge Robinson became the first African American to serve as Chief Judge of the District of Columbia Circuit. Judge Merhige was born in New York in 1919 and he attended college at High Point College in North Carolina. He 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 United States Air Force and 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 unti1 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 ground breaking 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. Senator Allen and I carefully took this responsibility in naming the U.S. Federal. Courthouse in Richmond. We worked on it for several years and consulted the Virginia Bar Association and sought the views of the bench and bar. 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. I attach a letter from the former Virginia Governor, the current Mayor of Richmond, L. Douglas Wilder. I value greatly the views of a friend and fellow public servant and one who has joined me on many issues to benefit the people of Virginia. I thank the Senate for the consideration of this bill and look forward to working with my colleagues seeking its passage. City of Richmond, Richmond, VA, September 29, 2006. Senator John Warner 225 Russell Senate Office Building, Washington, DC. Senator George Allen, 204 Russell Senate Office Building, Washington, DC. Dear Senators Warner and Allen: On behalf of the City of Richmond, please accept this brief note in support of your collective decision to name the new U.S. District Court in Richmond for ``Spotswood W. Robinson III and Robert Merhige, Jr.'' Both men played a significant role in Virginia's history and are remembered as ``giants'' within Richmond's legal community. Sincerely, L. Douglas Wilder, Mayor.