Floor Statements

Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider the following nominations: calendar Nos. 45 and 46; that the nominations be confirmed; that the motion to reconsider be laid upon the table; that the President be immediately notified of the Senate's action; and that the Senate then resume legislative session.

Mr. President, I ask unanimous consent that Senate action of the amendment to the preamble to H. Con. Res. 20 be vitiated.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 78, S.J. Res. 5.

I ask unanimous consent that the joint resolution be read a third time and passed; that the preamble be agreed to; the motion to reconsider be laid upon the table; and that any statements relating to the joint resolution be printed in the Record, without intervening action or debate.

The joint resolution (S.J. Res. 5) was ordered to be engrossed for a third reading, was read the third time, and passed.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Calendar No. 79, S. Con. Res. 14.

Mr. President, I ask unanimous consent that the concurrent resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to this matter be printed in the Record, with no intervening action or debate.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand adjourned until 10 a.m., Tuesday, March 20; that on Tuesday, following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, and the time for the two leaders be reserved for their use later in the day; that the Senate then resume consideration of S. 214, as provided for under a previous order; I also ask unanimous consent that following the vote on passage of S. 214, the Senate then stand in recess until 2:15 p.m.

Mr. President, it was my intent to ask consent to proceed to the budget resolution at 2:15. I am informed that a vote may be required to proceed to the measure. I will not ask for consent tonight. Members are alerted it might be necessary to have a rollcall vote on the motion to proceed to the budget resolution at 2:15 tomorrow afternoon.

Today, we have had good debate on the pending U.S. attorneys bill. We will continue that debate tomorrow morning and then vote with respect to the two amendments and passage of the bill. The first vote will occur at about 11:30 tomorrow morning.

If there is no further business at this time, and if the distinguished Republican leader has nothing further, I ask unanimous consent that following the remarks of Senator Specter, the Senate stand adjourned under the previous order.

Mr. President, I would only add--and I appreciate very much the Senator's remarks--we have to finish the budget resolution this week. Next week we have to get to the supplemental. We have been told by the Secretary of Defense that all the work on the supplemental must be completed by the end of April. Even though there is a week or so that other arrangements can be made, we have found Secretary Gates to be extremely upfront, and so we have to get to the supplemental next week so we can complete it by the first of May.

Mr. President, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. President, today the Senate will be in a period of morning business for 90 minutes, with each side controlling 45 minutes. The first 30 minutes will be under Republican control and the next 30 minutes under majority control. The next 30 minutes will be equally divided, so whoever is recognized will be able to speak for up to 10 minutes.

Yesterday, the Senate voted to invoke cloture on the motion to proceed on S.J. Res. 9. Since that time, the Republican leader and I have been discussing a proposed agreement that would allow votes on various proposals. Late yesterday, we received a proposal from Senator Warner, and I understand Senator Ben Nelson was involved. We have it here now. It has been rewritten during the night, and we will see if we can include it in some agreement we have. If we can do that, we will go ahead with whatever we can work out to vote on today.

I would say--and the distinguished Republican leader knows this--we are going to do everything we can to put the votes over until a specific time so that people aren't coming back and forth. That is principally for the Budget Committee, which is meeting as we speak to try to finish that bill as quickly as possible so we can work on it next week.

I know Members were counting on the previous announcement of no votes this Friday. We are going to do everything we can to make sure we have no votes, but until we get an agreement on this Iraq issue and on the U.S. attorneys, we will have to have everyone wait until--we should be able to have something even before morning business is closed. If we can work on it prior to morning business closing, we will come, the Republican leader and I, and announce that agreement. We hope we are close.

Again, I thank everyone for their patience, especially the Republican leader. We have tried to be fair to everyone, and sometimes that is difficult to do, as people have so many different opinions as to how we should proceed. I will keep the Members apprised of the schedule based on the outcome of our negotiations.

I appreciate the distinguished Senator from Utah being his usual courteous self.

Mr. President, I ask unanimous consent that the motion to proceed to S.J. Res. 9 be agreed to and that the Senate now begin debate en bloc on the following: S.J. Res. 9, S. Res. 107, and S. Con. Res. 20 by Senator Gregg; that there now be 4 hours for debate on the above items equally divided between the two leaders or their designees; that no amendments or motions be in order to any of the above; that at the conclusion or yielding back of that time, the Senate vote on each of the above in the above order; and that the preceding all occur without intervening action or debate; further, that there be 2 minutes for debate equally divided between each vote.

Mr. President, since a filibuster is any Member's prerogative, I renew my consent with 60 votes required to pass each measure; and that if any measure fails to get 60 votes, the vote on passage be vitiated and the item be returned to its previous status.

Mr. President, let me also say, when we complete these votes, we are going to move to three judges, one circuit court judge and two district court judges. So Senators should be alerted that we could have six votes.

Mr. President, I note the absence of a quorum.

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

Mr. President, I ask unanimous consent that on Monday, March 19, at 2 p.m., the Senate proceed to the consideration of Calendar No. 24, S. 214, a bill to preserve the independence of U.S. attorneys; that when the Senate considers the bill, it be considered under the following limitations: that there be 6 hours of general debate on the bill, with the time equally divided and controlled between Senators Leahy and Specter or their designees; that once the bill is reported, the Committee-reported amendment be agreed

to and the motion to reconsider be laid upon the table; that the only other amendments in order be the following: the Kyl amendment regarding the nomination and confirmation of U.S. attorneys; the Sessions amendment regarding appropriate qualifications for interim U.S. attorneys; that debate on each amendment be limited to 3 hours equally divided and controlled in the usual form; that the amendments have to be offered and debated during Monday's session, except as noted below; that on Tuesday, the Senate resume consideration of the bill immediately after the opening proceedings and there be 90 minutes of additional debate time on the bill and the amendments are to run concurrently with the time equally divided and controlled between the two leaders or their designees; that upon the use or yielding back of time, but not later than 11:30 a.m., without further intervening action or debate, the Senate proceed to vote in relation to the Kyl amendment, to be followed by a vote in relation to the Sessions amendment; that upon disposition of the amendments, the bill be read a third time, and the Senate proceed to vote on passage of the bill, as amended; that the text of these amendments be printed in the Record once this consent is granted.

Mr. President, in view of the agreement just entered, I now ask unanimous consent that the cloture motion be withdrawn.

Mr. President, let me say these few minutes Senator McConnell and I have spent on the floor have been just a brief interlude, but getting to this point has taken hours and hours of people's time. I think we are at a point now where we have had a good debate over the last several days and we will have one today. We are moving into another contentious issue, which will be resolved Tuesday morning. So I think we have made great progress. I think it speaks well of the Senate, in spite of the closeness of the margin between Democrats and Republicans, that we are able to get things done. Sometimes it is a slow process in getting things done, but I am confident this is good for the body and the country.

Mr. President, also it is important that everyone be notified--we were scheduled to have a vote Monday at 5:00 or 5:30--that it is not necessary. We have a lot of work going on. We have the debate on the budget that will take some time. We are going to complete this U.S. attorneys issue and we are going to complete three judges today. So in short, there is no need to have a judge's vote, though we have two remaining on the calendar, and I think we will accomplish what we need to do. So there will be no votes on Monday night.

Mr. President, I ask unanimous consent that the final 20 minutes of the debate relating to matters regarding the Iraq resolutions, the first 10 minutes of the 20 minutes be for Senator McConnell, the second 10 minutes right before the vote be under my control.

Madam President, whatever time I have left I will add to that leader time.

Madam President, on the eve of the fifth anniversary of this protracted war in Iraq, the Senate finally considers important legislation to direct President Bush to change the course of this civil war. S.J. Res. 9, which is a joint resolution to revise U.S. policy in Iraq, is one I offered. The second vote will be on the Murray resolution expressing the sense of the Senate that no action be taken to undermine the safety of the Armed Forces. Finally, S. Con. Res. 20 is the Gregg resolution on funding for American troops in the field. I will discuss at some length at a later time this afternoon the difference between Murray and Gregg. Suffice it to say the Murray resolution takes care of the troops after battle in addition to while they are in Iraq. It takes care of the situation so we don't have another Walter Reed situation. The Gregg resolution does not cover the troops after battle.

As it relates to S.J. Res. 9, Members will have to consider a choice: Will we continue to support President Bush's failed policy that has our troops bogged down in the middle of a civil war while the enemy who attacked us on September 11 grows stronger or will we stand with the American people in demanding a new direction for this war? This new direction maximizes our chances for success in Iraq and in that part of the world, a new direction that recognizes the current policy has pushed our troops and their families to the breaking point, a new direction which sends a signal to the President that this Congress will hold him accountable and no longer will we rubberstamp his failed policies; a new direction that restores U.S. standing in the world and refocuses our resources on our most imminent threats. My hope is we will stand with the American people, because they are standing with this resolution, S.J. Res. 9. We must have a new direction in Iraq.

Monday will be the beginning of the fifth year of this war, the fifth year of

this war our troops are now mired in, a war in this faraway country. Five years of war, of the President's approach to Iraq, and it is clear it is not working. The country is in a state of chaos. Iraq is in a state of chaos. There literally is no stability. U.S. troops are policing a civil war, a protracted civil war, not hunting and killing the terrorists who attacked us on 9/11. Five years. Five years of war.

The mission has changed. Saddam is gone. There are no weapons of mass destruction. The original mission no longer exists. Five years of war with 3,200 dead Americans, 25,000 wounded Americans, hundreds of billions of dollars spent, $4 billion a week, a couple of hundred million dollars a day and still no end in sight, according to this President. The American military, the finest in the world, cannot and should not police an Iraqi civil war. General Petraeus's name has been thrown around here as if it is his war. It is not his war. It is President Bush's war. General Petraeus, the commander in Iraq today, recently observed there is no military solution in Iraq. The war must be ultimately won through diplomacy, politically, by forcing Iraq's political factions to resolve their differences.

The key to success in Iraq is not to escalate the conflict by adding tens of thousands of additional troops to march down the same road. Some of these troops have been down the same road as many as four and five times. It is time to find a new way forward and a new way home that gives our troops a strategy to complete the mission and, I repeat, come home.

The Reid resolution will give our troops the best chance to succeed in Iraq and to succeed in the larger war on terror. It will direct the President to change course in Iraq by changing the mission in Iraq. This resolution immediately transitions the mission to training, force protection, targeting counterterrorist operations, and beginning the redeployment of our troops in the next 120 days.

Similar to the bipartisan Iraq Study Group, the goal in my resolution is to remove all combat forces not associated with these missions by the spring of 2008. My resolution also recognizes a comprehensive strategy in Iraq. Phased redeployment shall be implemented as part of a comprehensive diplomatic, political, and economic strategy that includes Iraq's neighbors and the international community.

S. Res. 107, the Murray alternative to the Gregg resolution, strongly supports our troops but also properly interprets the Constitution by stating that the President and the Congress have shared responsibilities for decisions involving our Armed Forces.

Quoting from the resolution:

The President and the Congress should not take any action

that will endanger the Armed Forces of the United States, and

will provide necessary funds for the training, equipment, and

other support for troops in the field, as such actions will

ensure their safety and effectiveness in preparing for and

carrying out their assigned missions.

In addition, the Murray resolution makes it clear that the Constitution gives Congress the responsibility, in addition to the President, to take actions to help our troops and veterans. The Murray resolution says that our responsibility to our troops doesn't begin and end when they are deployed. Supporting the troops means giving them the proper training before they are deployed and ensuring they receive the proper medical and other support when they return home.

Madam President, I suggest that voting no on the Murray resolution is voting to condone what has taken place at Walter Reed. The Murray resolution recognizes that the troops must be taken care of not only when they are in battle but when they get out of battle. If there were ever a picture of what is wrong, look at what happened at Walter Reed. The Murray amendment underscores that.

The people voting against the Murray amendment will be voting against changing what took place at Walter Reed.

The Department of Defense said yesterday in a report they issued--the Pentagon issued--that there is a civil war going on in Iraq now, as we speak. The Pentagon, in their report yesterday, said violence is up, not down. Three soldiers a day are being killed. February was the month of more attacks than at any time during this 5-year war.

Al Maliki, when he met with the President face to face, said get the American troops out of Baghdad. He is the leader of Iraq. General Casey, who was a commander at the time the President suggested the surge, said the surge won't work. This is not General Petraeus's war, it is President Bush's war, and we must change course.

In our resolution, there is a 120-day redeployment, and there will be work on counterterrorism, force protection, and training. Yes, they will also do political and economic strategy, and certainly diplomacy. Our goal is the spring of 2008.

It is easy to talk about sending the troops into battle and supporting the troops. I support the troops. I support the troops, but I don't think that we should spill another drop of American blood in Iraq--not another drop of blood.

I spoke to the mother of LCpl Raul Bravo a week ago today. She is the mother of that 21-year-old boy who was killed in Iraq. It was his second tour of duty. She said that ``he is the only man in our family''--her and his three sisters. She said that he was an angel. Her son did his best to learn to speak the language of the Iraqis. She said he said prayers with the Iraqis. His blood should not have been left in that faraway place.

The war has gone on too long. We must change direction in Iraq. We have given the President chance after chance. We hear that things are getting better. His own Pentagon says it is a civil war. His own Pentagon says it is getting worse. That is what these resolutions are about today.

The Reid resolution says let's change direction in Iraq. The Murray resolution says support the troops at all times. The Gregg resolution takes Congress out of the equation and doesn't do a thing for the troops when they come home.

Unanimous Consent Agreement--Executive Calendar

Madam President, I ask unanimous consent that following these votes, the Senate proceed to executive session to consider en bloc the following nominations:

Calendar No. 36, John Preston Baily of West Virginia, to be a district judge.

Calendar No. 37, Otis D. Wright, II, of California, to be a district judge.

Calendar No. 42, Thomas M. Hardiman, of Pennsylvania, to be a circuit court judge for the Third Circuit.

Further, I ask unanimous consent that there be 20 minutes for debate, equally divided, under the control of Senators Leahy and Specter or their designees on the three nominations; that when the time is used or yielded back, the Senate proceed to vote on the confirmation of each of the nominations in the above order; that the motions to reconsider be laid on the table, the President be immediately notified of the Senate's action, and the Senate then resume legislative session.

At the moment, yes, but that can change.

I thank the Chair.

Madam President, I ask for the yeas and nays.

Madam President, I move to reconsider the vote.

Madam President, with the permission of the Republican leader, I ask unanimous consent that the next two votes be 10 minutes in duration.

Madam President, I suggest the absence of a quorum.

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

Madam President, it is my understanding there is a minute on each side. Is that correct?

Madam President, the Gregg amendment has been changed since it was originally filed. It is still imperfect. I still think, at least from my observation, it is not good, especially in light of the fact that the Murray amendment so clearly defines the necessity of taking care of the troops when they come home. But there is no caucus position on this issue. Senators on this side of the aisle should vote however they feel comfortable. I personally am not going to vote for it because I don't feel comfortable. I believe the resolution leaves a lot to be desired. It can be construed many different ways. It is wrong that we do not take into consideration the injured troops when they come home. My caucus can vote any way they feel appropriate.

Madam President, I ask for the yeas and nays.

I announce that the Senator from Illinois (Mr. Durbin) and the Senator from South Dakota (Mr. Johnson) are necessarily absent.

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