Reserving the right to object. What is the order? Would we have the benefit of an important discussion on your amendment? I wish to address it, but as a matter of courtesy--we have been at this for 29 years--I am going to wait until you…
Reserving the right to object.
What is the order?
Would we have the benefit of an important discussion on your amendment?
I wish to address it, but as a matter of courtesy--we have been at this for 29 years--I am going to wait until you speak, and then I will speak.
We have been here many years together. We manage, even though we oppose each other. But I do oppose you on this one, my dear friend.
Mr. President, I thank my distinguished colleague.
No objection.
Mr. President, would I be correct in saying this time is reserved for the distinguished Republican leader?
Mr. President, I do not see him present at the moment; therefore, if some other speaker, for a period of time, wishes to go forward--
Fine. I just wanted to accommodate any Senator who needed 5 minutes. I see none.
Mr. President, at some point, I would be privileged if I could enter into a colloquy with my valued friend. So at the proper juncture in his remarks, perhaps we could have a bit of a colloquy.
I thank my friend. We can have our debates, and we frequently do, on procedure, and it is very confusing, of course, to the American public. But these are old rules that go back, I might say with some sense of pride, to Thomas Jefferson. He had a hand in writing them. Somehow this magnificent institution, the Senate, has been able to serve our great Republic these 200-some-odd years.
Apart from procedure--and it seems to me I recall that at an earlier juncture in the spring when we were debating certain amendments on Iraq, the Senator from Virginia had an amendment. It got over 50 votes. It was a bipartisan amendment. That amendment, quite interesting, while it failed to reach the 60-vote margin, it was picked up by the appropriators and word for word written into the appropriations bill.
It required, among other things, that the President report on July 15. That report, I think, was of value. People can differ with it. I know it attracted a lot of attention and widespread press coverage. It was of value.
That report also set up an independent group. I consulted with my good friend, the chairman, Senator Levin, and told him I felt all the years we have been working together we get a lot of facts from the Pentagon about the status of Iraq's security forces. Shouldn't we have an independent group not affiliated with the Department of Defense--I am not, in any way, impugning the accuracy of their facts--have an independent group give us a second opinion.
GEN Jim Jones, former Commandant of the Marine Corps, offered to head up that group. I talked with him about it. He thought about it a long time. He decided to do it. He has about 18 individuals with military experience and two former police chiefs. They got back this weekend from a very intensive 1-week schedule studying these situations. So there is a great convergence of information that will be brought to bear and made public the first week in September.
But back to this question before us. The distinguished Republican leader put an amendment up. I would like to ask my distinguished colleague if he would cover with me the provisions and what his views are on some of the findings in the amendment.
This is a sense of the Senate on the consequences of a failed state in Iraq. Much of this material was put before the Senate a few days ago, filed by our distinguished colleague from Texas, Mr. Cornyn. Would the Senator from Illinois engage me in asking a few questions about it or is there another time he would be willing to do it?
Yes, of course, Mr. President.
For instance, the first finding:
A failed state in Iraq would become a safe haven for
Islamic radicals, including al Qaeda and Hezbollah, who are
determined to attack the United States and United States
allies.
We know from experience in Afghanistan that bin Laden occupied a piece of territory there and set up his training camp. Much of the training that led to the horrific damage to our Nation, loss of life and property, occurred there--of course, September 11. Does the Senator not agree--I am curious, I would like to get some understanding of what the Senator's thoughts are on this sense of the Senate.
One other, Mr. President, was a bit longer. I am No. 2, kind of like the Senator from Illinois, No. 2.
Mr. President, I think the Senator is accurate. I have studied the Levin amendment. I am opposed to it because of the fixed timetables. But let's proceed to the second one. I think we have covered the first, and I find it very helpful.
The second finding:
The Iraq Study Group report found that ``[a] chaotic Iraq
could provide a still stronger base of operations for
terrorists who seek to act regionally or even globally.''
To me that seems to have some basis in fact. Does the Senator agree with that?
Mr. President, I appreciate that answer. I think there is a provision--as a matter of fact, the amendment Senator Lugar and I filed has very much the same language in it. Let's proceed to No. 3.
The Iraq Study Group noted that ``Al Qaeda will portray any
failure by the United States in Iraq as a significant victory
that will be featured prominently as they recruit for their
cause in the region and around the world.''
That concerns me. I think there is some truth to that statement.
Mr. President, I say to the Senator most respectfully, I know no one over here who wants to try to do a precipitous withdrawal or lessen our efforts against al-Qaida. As a matter of fact, we want to reinforce our efforts against al-Qaida. We can go back and argue the numerical presence of al-Qaida at the time we went in. I do recall that very vividly and conducted many hearings in the Armed Services Committee. Al-Qaida was not high on the scope. There was mention of it. We have to deal with the facts that exist now, and it is clear, for whatever reason, they are now in that area in significant numbers larger than when we went in. I, personally, feel it is not as a consequence of our military action thus far. They simply see the terrific divisions between the Sunni culture and the culture of the Shia, and they are trying to foment among those two venerable religious cultures as much fighting as they possibly can. I think we both have to agree, to that extent, they have been successful.
Clearly, al-Qaida has as its main goal, at such time as possible, to bring about further harm to the United States of America. There is no doubt in my mind, and I am sure there is no doubt in the mind of the Senator from Illinois. So I think anything that is portrayed as a failure of our commitment in Iraq could be utilized, as I said, for recruitment of their troops, whether in Iraq, Afghanistan or elsewhere in the world.
But I say, in response to my distinguished colleague, it is for that very reason the President is dispatching the Secretaries of State and Defense into that region, to bring that point very clearly, this problem which is being experienced in Iraq. And when
I say ``experienced,'' I mean devastating loss of life of Iraqi citizens, considerable loss of life of our own forces, and loss of limb. That is something which every Senator on both sides of the aisle is concerned with daily. But thus far, the bordering nations certainly have not stepped up, in my estimation, to take a constructive role. If anything, we have, in Syria and Iran, pretty convincing evidence that they are taking steps antithetical to bringing about a resolution of some sort of peace and stability in Iraq.
By far. I think it has been 90 percent----
--are associated with the Sunni perspective versus about 10 or less percent the Shia.
We have to decide on the facts as they exist now, and I think our Government has. But even in the recent words of the President, he wants to intensify the participation of other nations in this situation.
My colleague, Senator Lugar, in preparing our amendment--and he is quite expert in this area--has a considerable portion of our amendment--again, a sense of the Senate--directed at steps our country could be taking to augment those steps already taken. He recently met with the Secretary of State. They had a discussion here a few days ago, prior to our entering the amendment on this very matter. So we are moving forward.
I think my colleague and I have no difference on the need to involve the border states and other Muslim countries of responsibility.
We have to always monitor ourselves with the Constitution of the United States, and it explicitly gives to the President the power as Commander in Chief to direct our forces and to employ such strategy as he deems necessary to defend the security interests of our country. That is my concern with my distinguished colleague, Senator Levin, and he and I have worked here in this Chamber now in our 29th year, for those following this debate. My concern is that Congress become involved in military strategy and writing into law precisely what is done. I think that is crossing a constitutional issue.
I would like to continue with my colleague.
I know the provision quite well. It is on the regulation.
I think you have about got it, if I may say.
No, we are on a coequal basis, as the Senator well knows.
Well, I remember on this floor and my distinguished colleague from Michigan remembers when Senator Byrd argued very persuasively about certain aspects of the famous War Powers Act. Now, if we bring all of that history into this debate, and it may well be that we should do that, the reason that subject was carefully considered by the Senate, passed, and became law many years ago--each President has acknowledged that in spirit they are complying with the directions of the Congress, but they do not want it put into law.
Well, I was going to speak on that later tonight when I address my colleagues and point to the Congressional Record today, which contains the amendment by Senator Lugar and myself. But, essentially, we bring to the attention of the Senate and provide the following language for the President, if I may read it, on page S 9224 of Friday's Congressional Record, in our section:
The findings that supported H.J. Res. 114, Public Law 107-
243, which was enacted in 2002 and which authorized the
President to use the Armed Forces of the United States
against Iraq, require review and revision.
So, Senator, I have gone on record, together with my colleague, Senator Lugar, that this is necessary, and we further call on the President--and I read the bill.
Reading section 3 of my amendment, and it is on page S 9224 of Friday's Congressional Record.
It is our amendment, it is on page 14 of our amendment.
The amendment is at the desk, on page 14.
I will hand you my copy.
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.
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.
That is this bill we are discussing became law.
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.
Madam President, we will go off the colloquy for that purpose?
Amendment No. 2252 to Amendment No. 2241
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. 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.
Amazing.
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. President, Nellis Air Force Base is well cared for in the current authorization bill before this body.
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. 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. 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?
Is that the understanding?
I am told by the floor staff there will be no request for consents tonight.
I appreciate the assurances of the assistant leader.