[Congressional Record Volume 152, Number 75 (Tuesday, June 13, 2006)]
[Senate]
[Pages S5740-S5746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of S. 2766 which the clerk will
report.
The assistant legislative clerk read as follows:
A bill (S. 2766) to authorize appropriations for fiscal year 2007 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes.
Pending:
Warner (for Frist/Reid) amendment No. 4208, to express the
sense of Congress that the United States Armed Forces, the
intelligence community, and other agencies, as well as the
coalition partners of the United States and the Iraqi
Security Forces should be commended for their actions that
resulted in the death of Abu Musab al-Zarqawi, the leader of
the al-Qaida in Iraq terrorist organization and the most
wanted terrorist in Iraq.
The ACTING PRESIDENT pro tempore. Under the previous order, the time
until 12:15 p.m. shall be equally divided between the Senator from
Virginia, Mr. Warner, and the Senator from Michigan, Mr. Levin, or
their designees.
Mrs. MURRAY. Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LEVIN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Mr. Sununu). Without objection, it is so
ordered.
Mr. LEVIN. Pursuant to the unanimous consent agreement which we
adopted last night, it is my recollection that on the Democratic side
we were going to be offering an amendment immediately following the
pending Warner amendment.
I stand corrected. Apparently there was an understanding on this,
between myself and Senator Warner, which was not incorporated.
The PRESIDING OFFICER. An understanding but not a consent agreement.
Mr. LEVIN. I thank the Presiding Officer. Pursuant to that
understanding, then, I ask unanimous consent that the pending Warner
amendment be temporarily laid aside so I can offer an amendment on
behalf of Senator Lautenberg.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator is recognized.
Amendment No. 4205
Mr. LEVIN. Mr. President, I call up amendment No. 4205, an amendment
on behalf of Senator Lautenberg, and ask for its immediate
consideration following the disposition of the Warner bipartisan
amendment.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The legislative clerk read as follows:
The Senator from Michigan (Mr. Levin) for Mr. Lautenberg,
proposes an amendment numbered 4205.
Mr. LEVIN. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide a temporary prohibition on an increase in
copayments required under the retail pharmacy system of the pharmacy
benefits program of the Department of Defense)
At the end of subtitle A of title VII, add the following:
SEC. 707. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS
UNDER RETAIL PHARMACY SYSTEM OF PHARMACY
BENEFITS PROGRAM.
Subsection (a)(6) of section 1074g of title 10, United
States Code, as amended by section 702(b) of this Act, is
further amended by adding at the end the following new
subparagraph:
``(D) During the period beginning on April 1, 2006, and
ending on December 31, 2007, the cost sharing requirements
established under this paragraph for pharmaceutical agents
available through retail pharmacies covered by paragraph
(2)(E)(ii) may not exceed amounts as follows:
``(i) In the case of generic agents, $3.
``(ii) In the case of formulary agents, $9.
``(iii) In the case of nonformulary agents, $22.''.
Mr. LEVIN. Mr. President, the President's budget proposes that the
copays for prescriptions under the TRICARE Prescription Benefit Program
be increased for our troops and their families and for retirees, and
that the increase in the copays be, on the generic prescriptions, from
$3 to $5; on brand-name prescriptions from $9 to $15. The amendment
that Senator Lautenberg is offering and that I very much support would
freeze the current copays in place until December 31, 2007.
This is not the time, in the middle of a war, to be raising copays on
our military personnel and their families. They should not have to
worry about whether their families are going to be able to afford to
buy prescription drugs. The copays that currently exist are not
statutory, so the Department of Defense does not need legislative
authority to increase them. They have their authority. The problem is
that our bill is silent on this subject so they would be increasing the
copay because there is no prohibition in our bill on their doing so.
About 43 percent of the prescriptions filled through the TRICARE
pharmacy benefits program are filled in retail pharmacies. The increase
which the administration proposes would significantly increase
beneficiary cost shares for medical care. Of course, the fear is not
only that it would be additional
[[Page S5741]]
money coming out of the pockets of our troops and their families, but
also this increase would discourage beneficiaries from using their
military health care benefit.
The Department of Defense has estimated that the copayments would
create additional revenue of $81 million in fiscal year 2007. They also
believe beneficiaries would not use their military pharmacy benefits to
the same extent and that would mean that there would be savings to the
Government of $54 million and there would also be some savings if
beneficiaries switch to mail order rather than retail pharmacies.
I don't think we ought to be assuming savings or counting on savings
coming out of the pockets of our troops and their families while we are
at war. I think it is a totally inappropriate time to do so, so I
support the Lautenberg amendment. For a soldier in combat, under these
circumstances, the circumstances that exist these days, to have a worry
that a spouse or children would not get needed prescriptions because of
the administration's desire to save some money is simply
unconscionable.
The Senate bill directs a Comptroller General study of the DOD
pharmacy benefit program to examine the cost and copayments structure
of the program. We clearly ought to await that before we allow these
copays to be increased as the administration budget proposes.
I see my dear friend and colleague, Senator Warner, our chairman, on
the floor now. We had an understanding that we would lay down this
amendment this morning, that I would lay it down on behalf of Senator
Lautenberg and speak briefly in support of it, and that after the
disposition of the chairman's amendment, which is a bipartisan
amendment, we would then come back to the Lautenberg amendment and at
that point there would be additional debate--Senator Lautenberg would
speak in support of his amendment and any others who wish to debate it
would have an opportunity at that time.
We thought, given our understanding last night, we would lay this
amendment down at this time. I have just done so.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, the distinguished ranking member, my good
friend, the Senator from Michigan, is correct. We laid down an
amendment on this side under the understanding this is the amendment
that he selected to be laid down. I am just wondering if we can try to
get some idea of the magnitude of the debate? I am not able to assess
it on my side. I judge you are not. So we have some understanding of
the time that is likely to be consumed in the debate--this is an
important amendment--we will work on that together, in hopes we can get
some time agreement and therefore we can then move on to other
amendments.
I would simply ask unanimous consent that at the conclusion of the
debate or the disposition of this amendment, that I be recognized to
offer another amendment at that time.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. I say to my distinguished colleague, it is my hope then
we could alternate from side to side, so we could consider your
amendment which would follow the third amendment, which I will put on.
Mr. LEVIN. I appreciate that. That is fine with us.
Mr. President, I suggest the absence of a quorum and ask the time be
equally divided.
The PRESIDING OFFICER. Without objection, the time allotted to the
quorum call will be equally divided.
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. Brownback are printed in today's Record under
``Morning Business.'')
Mr. BROWNBACK. I yield the floor.
The Senator from Virginia.
Mr. WARNER. Mr. President, I yield such time as the distinguished
Senator from Oklahoma may require. He will be speaking with regard to a
very important trip to Iraq. It bears directly on the pending measure;
that is, a resolution on the success of our military in eliminating al-
Zarqawi.
I yield to the Senator such time as he desires.
Mr. INHOFE. Mr. President, I thank the Senator from Virginia, the
chairman of the Senate Armed Services Committee, and also for the great
job he has done in bringing this Defense authorization bill to the
floor.
Mr. President, on early Thursday morning, about 5:30, my radio alarm
went off and I heard the three words--al-Zarqawi is dead. I think that
affected me by just hearing that. I sat up in bed, and I thought it did
work. It is happening. I told the distinguished chairman of the Senate
Armed Services Committee that I have to go to Iraq.
The two most significant things that have happened in Iraq since
bringing down Saddam Hussein happened on the same date, coincidentally.
It is just remarkable: first of all, bringing down al-Zarqawi, the
monster, and at the same time confirming the ministers in Iraq. We
thought that would be a long, enduring battle. It sailed through, and
it happened on the same day.
I can't tell you what a profound effect it had on the people of Iraq
and on our troops over there. And now we find out about the surprise
visit by the President. I figured out that our planes crossed on the
way. I was coming back from Iraq and he was going to Iraq. If I had
known that, I would have stayed. But it was a pretty well-guarded
secret. Of the two places I spent most of my time, this one was where
al-Zarqawi was actually killed, just a couple of miles north of Balad
Air Force Base and then in Baghdad.
It was such an incredible thing to be there after it happened and to
talk to the different ministers. Defense Minister Jasim is the new
Defense Minister, and he had a lot of things to say. In fact, he asked
me to bring back this message for the American people. I am going to
read this, because this came just a few hours ago from Defense Minister
Jasim to me to take to the American people. He said:
Tell them their sacrifice is for a very noble cause, they
have given freedom to 26 million people. I believe they are
waging a just war for humanity. The terrorism must be stopped
or it will spread all over the world, like a carbon copy of
fascism and communism. This is the first world war of the
21st century. The American victims have borne the price of a
freer world . . . We are very grateful . . . The war in Iraq
is a just war and we have no option but victory. It is not a
war that affects Iraq alone, but is truly a world war.
The terrorists are a sickness that must be eliminated . . .
There is great transformation taking place in Iraq but the
international media does not focus on positive things
happening. They only focus on the negative, the bad things
happening . . . what the terrorists are doing . . . they will
publish anything bad . . . They try to say Americans are
leading the way and we the Iraqis are in the back. This is
the opposite. We are in the front and Americans are in the
back.
We started with the multi-national forces in front and us
at back. Then we worked side by side as very good partners.
Now we are often in front and the multinational forces are in
a supporting role.
Your presence here is very important. From the beginning to
now, we have always had an American partner. I am sad when my
American partner leaves me. But, when he leaves and returns
to the U.S. I feel we have a voice going back to America. I
fell in love with the American people.
That is Abdul Jasim, who is the newly confirmed Minister of Defense.
He said so many other things when we were there that I would like to
share, but it is very difficult to do that because he was so emotional
at the time.
Well, this happened to be my 11th trip over to the Iraq AOR, and I
have been watching, as the months have gone by--every other month or so
being over there--and seeing the differences, seeing the changes that
are taking place.
Just to give you an example, one of the tests we use to determine how
strong the Iraqi people are supporting us is the number of qualified
tips that come in. The way they come in is where someone says, for
example: There is a safe house over here. We suspect something. These
are Iraqi people saying where the terrorists are. And those numbers of
tips have increased tenfold in the last 12 months. I can remember when
there were only 30 or 40 tips a month. There are now 5,000 tips a
month, and they are qualified tips. Some of these tips led to not just
bringing down al-Zarqawi but also
[[Page S5742]]
some 17 others on the same day. So these things are going on. These
things are happening.
As to the quality of the Iraqi security forces, I think Minister of
Defense Jasim is right. He sees that our media is not accurately
reporting what is going on over there. How many people in America know
that as of the current time, 75 percent of the special operations by
Iraqis are actually led by Iraqis, not by Americans? We are leading 25
percent. I remember when it was zero percent. Now, they are leading 75
percent. And 62 of the 112 battalions are at level 2 or level 1. That
means they are capable of going out and fighting. That is half of them.
One of the statistics we got from Dr. Rubaie, who is the National
Security Adviser--a real sharp guy and one who really has his hand on
this--says 66 percent of the hospital beds are occupied by Americans
and 34 percent by Iraqis. However, 66 percent of the surgeries are on
Iraqis and 34 percent are on Americans. That kind of tells you what is
happening over there and the change that is taking place. They are the
ones who are doing it.
While we were over in Balad, we had occasion to learn there were
several attacks on Iraqis. Some 50 Iraqis were killed last night, and
they were killed by the terrorists. Here is the important thing.
Zarqawi was not an Iraqi; he was Jordanian. Osama bin Laden is not an
Iraqi; he is Saudi. Now, this new guy, al-Muhajer, we don't know about
him. All we know is he is not an Iraqi. In other words, this is a war
being waged by people from outside of Iraq on the Iraqis, and the Iraqi
people are very sensitive to it. They know it.
It is interesting, one of the things the Minister of Defense said is
that a lot of things are American issues, they are not really issues
over there. For example, all we talk about in the media here is, well,
we have the Shiites and the Sunnis, and they do not like each other.
And he said that is not true at all. He said: We are Iraqis first, and
then we are Sunnis or Shiites or Kurds second. To demonstrate that,
there is a structure over there in Baghdad which is comparable to our
Tomb of the Unknown Soldier. We stopped there. They had an honor guard
there. The honor guard had nine people. They had one leader and eight
others. When I asked him the question, through a translator: What about
the problem that exists between the Shias and the Sunnis, he said: No,
that is not true at all. He said: I am a Shia. My wife is Sunni. And I
have been working on the honor guard with these people for several days
here at our Unknown Soldier event, and I don't know who they are. I
can't tell you who one of the eight is in terms of being a Sunni or a
Shia.
So those are American problems. Those are not things resonating over
there. And the quality of what they have done in terms of being quality
soldiers is something the American people are not aware of. I had
occasion to be up in Fallujah back when the last election took place,
and I was there when the Iraqi security forces actually were doing
their thing, voting. They were taking their lives in their own hands by
doing it because this is Fallujah, one of the most dangerous areas over
there.
They came back very proud. No one was killed while they were trying
to do it. They came back and said: We are participating in an election.
That was during the last election. Now everyone is confirmed. The
government is in place. They know what they are doing. And the most
recent thing, which you may not have heard of because it just happened,
is that Dr. Rubaie, the National Security Adviser for the Iraqis, said
he believes that in a matter of a very short period of time--by the end
of the year--he will ask our troops to leave, except for 100,000. In
other words, we are slowly bringing it down.
We have heard in the field a lot of things you do not hear when there
are hearings here in Washington, DC. If you go over there and you talk
to the people on the ground, talk to the commanders on the ground, they
have said for a long period of time that when we can get to the point
where we have 10 Iraqi divisions of trained and qualified and equipped
Iraqi security forces--10 divisions--then they will be able to take
care of their own security. Well, the number that equates to 10
divisions would equal 325,000 trained and equipped Iraqi troops. Well,
we are right now, today, at 264,000 trained and equipped Iraqis.
Now, some of the adversaries over here say they are not really
trained to do a good job, they are not really good soldiers. Let me
tell you, they are. All you have to do is talk to our soldiers who
train them. Now they train themselves.
Last week, I was over in Afghanistan, and they are doing a good job
of training their own troops over there. And that model has worked very
well in Iraq. So we are rapidly getting to that point. Will we be out
altogether? No, we will not be out altogether, but they will be
providing their own security. We still have troops in Kosovo and Bosnia
and Sinai and other places but not providing the security. They will be
providing their own security. We are getting so close to that point.
What has happened in just the last few days is very significant.
So as to al-Zarqawi, there is no one who has been a more brutal
terrorist than he has been. He was the No. 1 terrorist in the world,
and he is down now. Al-Zarqawi was the one responsible for the
assassination of our U.S. diplomat, Lawrence Foley, in 2002. We all
remember the horrific things we saw: the beheading of Nicholas Berg in
2004--that was al-Zarqawi--the 2005 bombing of three hotels in Jordan,
the countless bombings and terrorist attacks against U.S. forces and
Iraqi civilians. He was trying to create a sectarian civil war in Iraq
by murdering Shiites and acting as al-Qaida's commander in Iraq. Osama
bin Laden called him the ``Prince.'' I think most people considered
him, if anything, to have been even worse than Osama bin Laden. So that
was a great change. That was a great victory for the coalition forces,
but, more importantly, it was a victory for the Iraqi people.
So with these things happening--and you look at the good side that
you do not get sometimes in the media--there are 18 provinces in Iraq,
and 15 of them are relatively secure. There are hardly any incidents
taking place there. Most of the problems are in just three of them. And
keep in mind, these are not Iraqi terrorists; these are outsiders who
are coming in. They are having a harder and harder time recruiting
people to carry out their terrorist activities. We have found that
recently they are actually changing their homicide vests for suicide
vests so they can put them on individuals and force Iraqis to go and
perform certain acts. And if they do not do it, they can, remotely,
detonate and blow that Iraqi up.
So things like that are happening right now. At the same time, good
things are happening with the administration. The government is in
place. I cannot tell you how impressed I was personally with Dr.
Rubaie. I have known him for a long period of time. And I would say
that the Defense Minister, Abdul Jasim, has already acknowledged, from
the quotes I have given, that he is one of our very best friends. He is
the one who said al-Zarqawi was suffering from the same disease as
Hitler and Stalin, and he is one who is going to finish the job that we
helped them with in the beginning.
I would say this is a time when good things are happening, and we
feel very good about the progress the Iraqi security forces are making,
very good about the constitutional government that is in place, very
good about the new Ministers who have been confirmed now. And we are
light-years ahead of where we were only 6 months ago.
So this, what I have characterized as probably America being in the
most threatened position we have been in in our history, is now showing
that we are at the core of the terrorist activities, which is in Iraq.
We are now winning. The Iraqi people are winning. So I feel very good
about that.
Let me say to Senator Warner, the chairman of our committee, I am
very proud of the bill we have put together. I have some amendments,
and I will want to be recognized at the appropriate time to bring them
up.
I ask the Senator, do you have other people coming down wanting time
right now?
Mr. WARNER. Mr. President, at the present time the bill is being
amended by the amendment which you just addressed, and there is a
pending amendment offered by the minority. That is the next order of
business. This afternoon, I think there would be opportunity for
additional amendments.
[[Page S5743]]
Mr. INHOFE. That would be good. I thought maybe I could describe what
amendment would be coming and why.
Mr. WARNER. If the Senator so desires.
But, Mr. President, I first inquire as to the allocation of time on
the pending measure.
The PRESIDING OFFICER. At this time, the majority controls an
additional 11 minutes, the minority controls 23 minutes.
Mr. INHOFE. Mr. President, I yield the floor.
Mr. WARNER. If the Senator would like to take a minute or two, I
would be happy to have you alert the Senate as to some of the matters
you will be bringing up.
Mr. INHOFE. No. I say to the distinguished chairman of the Armed
Services Committee, this amendment is very significant, and I will have
ample opportunity to explain it. Hopefully, we can do that this
afternoon.
With that, I yield the floor.
The PRESIDING OFFICER. Who yields time?
Mr. WARNER. Mr. President, I suggest the absence of a quorum and ask
unanimous consent that the time be charged equally to both sides.
The PRESIDING OFFICER. Without objection, it is so ordered. The time
will be charged equally.
The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. WARNER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. Mr. President, I ask unanimous consent that Senator
Sessions be added as a cosponsor of amendment No. 4208.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. Mr. President, to return to the pending amendment offered
by myself on behalf of the joint leadership of the Senate, this
bipartisan amendment commends basically the U.S. Armed Forces, the
intelligence community, and other agencies, along with coalition
partners for the actions taken on June 7, 2006, that resulted in the
death of Zarqawi, the leader of al-Qaida in Iraq. The military
operation that resulted in the death of Zarqawi was truly an
extraordinarily professional accomplishment of the combined U.S. and
coalition forces and the infrastructure of intelligence, both civilian
and military, that supported the operation. It displayed the precision,
perseverence, and professionalism of our Armed Forces, supported by a
sophisticated and superb intelligence apparatus that included U.S.,
Iraqi, and coalition intelligence organizations.
Behind the details that were made public so far, I assure all that
there were months of coordinated hard work by analysts, human
intelligence operatives, special operations forces, and military
planners which were in place at the time various pieces of information
with a precise direction to the whereabouts of Zarqawi came into the
knowledge of the intelligence operators.
The death of Zarqawi is certainly a significant blow to the terrorist
network in Iraq, Osama bin Laden's international network, and the al-
Qaida organization wherever they lurk in the world today in the shadows
of death and destruction to the freedom of others. At Camp David
yesterday the President was very careful to, with a sense of deep
humility, commend the men and women of the Armed Forces and others who
performed this mission, but he put the results of the mission in the
context of the realities of the situation in Iraq. The press today
reports from Camp David the following by the President:
Zarqawi is dead, but the difficult and necessary mission in
Iraq continues. We can expect the terrorists and insurgents
to carry on without him. We can expect sectarian violence to
continue. Yet the ideology of terror has lost one of its most
visible and aggressive leaders.
I will have further comments today with regard to that important
conference in Camp David. Zarqawi was the most prominent insurgent in
Iraq and the most active of any of Bin Laden's affiliates around the
globe. While Bin Laden hides in mountain caves capable of making
occasional audio tapes, Zarqawi was working to trigger a civil war,
disrupt the newly unified democratic process of the new unity
Government in Iraq, and then use Iraq as a base to launch attacks
throughout the region. There is proof of that intent by Zarqawi. This
amendment proudly salutes the brave and professional work of our
military forces as well as the formidable efforts of our military,
civilian, and allied intelligence operations for our efforts to end
this brutal reign of terror.
The operation that resulted in the death of Zarqawi was not an
isolated act. It triggered 56 more raids against targets connected with
Zarqawi's organization in the 48 hours after his death as U.S.,
coalition, and Iraqi forces capitalized on this mission by taking
action to disrupt other parts of the al-Qaida network. This amendment
also commends our coalition partners in Iraq's new government of
national unity for their invaluable assistance in the operation and
their extraordinary efforts to secure a free and prosperous Iraq. The
amendment closes by most appropriately commending our civilian
leadership, from the Commander in Chief on down, and military
leadership for their continuing efforts to eliminate the leadership of
al-Qaida in Iraq and elsewhere. In all, this was a very successful
joint and combined military operation. This mission was planned and
executed by talented and courageous Americans, Iraqis, and coalition
partners.
They all had one purpose--to eventually make Iraq safe and secure.
The operation that resulted in the death of Zarqawi may have eclipsed
a very significant political development, the appointment of Ministers
of Defense and the Interior, thereby ending weeks of political debate
and completing the formation of Iraq's first permanent unity
government. The death of Zarqawi and the appointment of these two
Ministers are two very significant events in our unrelenting effort,
with the coalition forces, toward a free and prosperous Iraq. While
Iraq's insurgency and its divisions along religious lines will not
easily recede, the death of Zarqawi and the complete formation of
Iraq's government of national unity are reasons for renewed confidence
that 2006 is a period of transition in Iraq and that our objectives are
achievable.
I point that out because a year ago when we considered this bill, I,
together with Senator Levin, put in an amendment which outlined the
progress that had to be made in 2006. These are chapters toward
achieving the goal we stated in that amendment which was part of our
bill last year.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Burr). The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. WARNER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. Mr. President, I see one of our distinguished colleagues
seeking recognition for an important set of comments.
The PRESIDING OFFICER. The Senator from Wisconsin.
(The remarks of Mr. Kohl are printed in today's Record under
``Morning Business.'')
Mr. WARNER. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
Without objection, the time will be divided equally.
The bill clerk proceeded to call the roll.
Mr. LEVIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEVIN. Mr. President, I join my colleagues in first thanking the
men and women of our military services who were responsible for the
myriad of actions that were taken years ago that led to the ultimate
elimination of such a vicious terrorist as Zarqawi. We also thank the
men and women of our military services who are serving multiple tours
of duty in arduous and dangerous locations with great personal
sacrifice and great disruption in their lives and those of their family
members.
The killing of Zarqawi is very welcome news. It is not the panacea
for addressing the extreme levels of violence in Iraq or for solving
the large
[[Page S5744]]
number of vexing issues--and the President has acknowledged as much--
but it is an important step and one that will reduce the influence of
al-Qaida in Iraq. He was responsible for a number of spectacular
terrorist attacks that produced a large number of casualties and
grizzly murders of kidnap victims. Zarqawi, while not the dominant part
of the insurgency but a part of it, needed to be attacked and needed to
be addressed. The insurgency, however, primarily is made up of
disaffected Iraqi Sunnis. Zarqawi played a role in stirring up ethnic
conflict between the Sunnis and the Shiites. Much of the violence
relating to that conflict is traced to the reaction of Shiite militias
to the Sunni insurgency and to, of course, their reaction to the Shiite
militias. Our security forces need to confront those militias and the
other armed groups.
I ask unanimous consent that I be allowed to proceed for 1 additional
minute.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEVIN. Mr. President, there needs to be a political solution in
addition to the military force which is present. Indeed, probably a
more important event than the killing of Zarqawi was the selection by
the Prime Minister and the ratification by the Iraqi Council of
Representatives of the key ministries, Defense and Interior, and the
National Security Adviser. Those vacancies lasted too long. Their
filling, hopefully with people who have the support of all the Iraqi
people who want Iraq to become a nation, is even a more important step
than the killing of Zarqawi, as important as that step is.
As we all support--hopefully unanimously--this bipartisan amendment
which is before us, we also need to recognize that there is critical
work that remains to be done, and while this is a step toward,
hopefully, a direction of Iraqi nationhood, most of the steps remain to
be taken.
While Senator Durbin is on the floor, I ask unanimous consent that
immediately after the disposition of the next amendment of Senator
Warner, Senator Durbin then be recognized, as we are alternating
amendments, by my understanding.
The PRESIDING OFFICER. Is there objection?
Mr. WARNER. Mr. President, I concur in that recommendation, and it is
my hope that I can be a cosponsor on this side of the aisle because the
amendment is very important.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 4208
Mr. LEVIN. The pending amendment, Mr. President, as I understand it,
is the amendment of Senator Warner on behalf of Senator Frist, Senator
Reid, and myself.
Mr. WARNER. That is correct.
Mr. BYRD. Mr. President, the Senate will vote today to commend the
U.S. Armed Forces for their efforts in Iraq. I will support this
amendment, as I have supported other amendments and resolutions to
commend our military personnel serving overseas for their service and
commitment. I oppose the policy that sent our troops to Iraq, but I
stand by our servicemen and servicewomen 100 percent.
However, I am concerned that the amendment may have unintended
consequences. Previous statements that boast of substantial victories
in Iraq have been proven wrong at the cost of American lives. Declaring
victory because of the elimination of Abu Musab al-Zarqawi could be a
costly mistake. I agree with the President's comment on June 9, 2006,
in which he said, ``I don't want the American people to think that a
war is won with the death of one person.''
Our troops are still facing daily attacks in Iraq. I thank them for
their service, and I am particularly proud of the efforts of the West
Virginia National Guard in Iraq, Afghanistan, and many other locations
around the world. Instead of seeking a lofty sounding but largely
meaningless resolution from the Congress, the President should instead
be working to send Congress a plan to start bringing our troops home
with the honor and the thanks they have earned from this grateful
Nation.
The PRESIDING OFFICER. Under the previous order, the hour of 12:15
p.m. having arrived, the Senate will proceed to a vote on amendment No.
4208.
Mr. LEVIN. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
4208.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. McCONNELL. The following Senator was necessarily absent: The
Senator from Nevada (Mr. Ensign).
Further, if present and voting, the Senator from Nevada (Mr. Ensign)
would have voted ``yea.''
Mr. DURBIN. I announce that the Senator from New Jersey (Mr.
Menendez) and the Senator from West Virginia (Mr. Rockefeller) are
necessarily absent.
I further announce that, if present and voting, the Senator from New
Jersey (Mr. Menedez) would vote ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 97, nays 0, as follows:
[Rollcall Vote No. 168 Leg.]
YEAS--97
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Brownback
Bunning
Burns
Burr
Byrd
Cantwell
Carper
Chafee
Chambliss
Clinton
Coburn
Cochran
Coleman
Collins
Conrad
Cornyn
Craig
Crapo
Dayton
DeMint
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Enzi
Feingold
Feinstein
Frist
Graham
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Martinez
McCain
McConnell
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Roberts
Salazar
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Thune
Vitter
Voinovich
Warner
Wyden
NOT VOTING--3
Ensign
Menendez
Rockefeller
The amendment (No. 4208) was agreed to.
Mr. WARNER. 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, I am anxious to consult with the
distinguished ranking member of the committee here, so, for the moment,
I will just ask for a quorum call before I put in the unanimous consent
request.
Mr. President, I withdraw that request.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 4211
Mr. WARNER. Mr. President, at this time I send to the desk an
amendment. It has been agreed upon between the ranking member and that
I would be recognized for the purpose of an amendment following the
disposition of the Lautenberg amendment. So at this time I send an
amendment to the desk and ask for its consideration following the
disposition of the Lautenberg amendment.
The PRESIDING OFFICER. Without objection, the pending amendment will
be set aside and the clerk will report.
The assistant legislative clerk read as follows:
The Senator from Virginia (Mr. Warner) proposes and
amendment numbered 4211.
Mr. WARNER. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To name the CVN-78 aircraft carrier the U.S.S. Gerald Ford)
At the end of subtitle B of title X, add the following:
SEC. 1013. NAMING OF CVN-78 AIRCRAFT CARRIER AS THE U.S.S.
GERALD FORD.
(a) Findings.--Congress makes the following findings:
(1) Gerald R. Ford has served his country with honor and
distinction for the past 64 years, and continues to serve.
[[Page S5745]]
(2) Gerald R. Ford joined the United States Naval Reserve
in 1942 and served valiantly at sea on the U.S.S. Monterey
(CVL-26) during World War II, taking part in major operations
in the Pacific, including at Makin Island, Kwajalein, Truk,
Saipan, and the Philippine Sea.
(3) The U.S.S. Monterey earned 10 battle stars, awarded for
participation in battle, while Gerald R. Ford served on the
vessel.
(4) Gerald R. Ford was first elected to the House of
Representatives in 1948.
(5) In the course of 25 years of service in the House of
Representatives, Gerald R. Ford distinguished himself by his
exemplary record for character, decency, and trustworthiness.
(6) Throughout his service in Congress, Gerald R. Ford was
an ardent proponent of strong national defense and
international leadership by the United States.
(7) From 1965 to 1973, Gerald R. Ford served as minority
leader of the House of Representatives, raising the standard
for bipartisanship in his tireless fight for freedom, hope,
and justice.
(8) In 1973, Gerald R. Ford was appointed by President
Nixon to the office of Vice President of the United States
with the overwhelming support of Congress.
(9) From 1974 to 1976, Gerald R. Ford served as the 38th
President of the United States, taking office during one of
the most challenging periods in the history of the United
States and restoring the faith of the people of the United
States in the office of the President through his steady
leadership, courage, and ultimate integrity.
(10) President Gerald R. Ford helped restore the prestige
of the United States in the world community by working to
achieve peace in the Middle East, preserve detente with the
Soviet Union, and set new limits on the spread of nuclear
weapons.
(11) President Gerald R. Ford served as Commander in Chief
of the Armed Forces of the United States with great dignity,
supporting a strong Navy and a global military presence for
the United State and honoring the men and women of the Armed
Forces of the United States.
(12) Since leaving the office of President, Gerald R. Ford
has been an international ambassador of American goodwill, a
noted scholar and lecturer, a strong supporter of human
rights, and a promoter of higher education.
(13) Gerald R. Ford was awarded the Medal of Freedom and
the Congressional Gold Medal in 1999 in recognition of his
contribution to the Nation.
(14) As President, Gerald R. Ford bore the weight of a
constitutional crisis and guided the Nation on a path of
healing and restored hope, earning forever the enduring
respect and gratitude of the Nation.
(b) Naming of CVN-78 Aircraft Carrier.--CVN-78, a nuclear
powered aircraft carrier of the Navy, shall be named the
U.S.S. Gerald Ford.
Mr. WARNER. Mr. President, I ask unanimous consent the scheduled
recess today be extended to 3:30 p.m., further that the cloture vote on
the nomination of Richard Stickler be vitiated and at 3:30 p.m. the
Senate proceed to the immediate consideration of the conference report
to accompany H.R. 4939, the emergency supplemental appropriations bill.
Mr. BYRD. Reserving the right to object.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. BYRD. I wonder if my friend from Massachusetts, who was engaged
when that request was made, has anything in response?
Mr. KENNEDY. Would the Senator be kind enough to vitiate the consent?
I had talked to the leader and the concern--reserving the right to
object--was if we vitiated this, the administration would go ahead and
have a recess appointment. We understand we have the signing of the
Mine Safety Act on Thursday. This was a real coming together, a
bipartisan effort. The President is supporting it. It passed
overwhelmingly in the House. It is a very important bill and will make
a big difference. It has the support of the families.
We were at least looking for some opportunity, if it was going to be
the position of the administration to go ahead and recess-appoint it--
we wanted at least some assurance that we would have a chance to have
the cloture vote prior to the time of the appointment. That is
basically what we were looking at.
We have no objection to following the leaders, to vitiate this, but
there is concern that we have vitiating this particular amendment. We
understand even if we do or do not get cloture, the President could
still have a recess appointment. But nonetheless, for those who feel
very strongly about this nominee, at least at this point we are able to
get a vote in one way or the other prior to the time of a recess
appointment. It was that particular position that we did not want to
give up.
Just so the Senator has some understanding about what we are looking
for, we want to work with the leadership. As the Senator knows, there
is a constitutional issue whether you can appoint during the short
recess, which would be the Fourth of July recess. More often than not
it is done in the August recess, which is well down the road, and we
have the pending business which is of great importance to this.
We are glad to work with the leadership. If we could have the
assurances from the Senator from Virginia that he understands our
position and will make a good-faith effort to at least give us the
opportunity--maybe the leadership doesn't want to give us that
opportunity. That is what our position is, those who feel strongly
about the Stickler nomination.
Mr. WARNER. Mr. President, I say to my good friend from Massachusetts
and my distinguished colleague from West Virginia, I am not at
liberty--I have no instructions from my leadership beyond propounding
this. It was my understanding it was cleared on both sides. I assumed
that when it was handed to me, and therefore I proceeded to request by
unanimous consent these actions.
I think Members are anxious to go to a series of events now, namely
the party caucuses, followed by the traditional photograph, and then
there is a briefing at 2:30 by the Secretaries of State and Defense,
which I believe is very important for Senators to have the opportunity
to attend.
That is the purpose of this unanimous consent request.
Mr. KENNEDY. Would the Senator just defer and offer this maybe when
we come right back in? Let's just work this out.
Mr. WARNER. Mr. President, the Senator has the right to object. That
would do it. I can certainly say that I will relay the Senator's
concerns to my leader. If that would suffice for the moment to allow
this unanimous consent agreement to go forward? Would that be
sufficient?
Mr. KENNEDY. Yes. I think we will be able to work this out. We want
to. We have every desire to try to work it out. We would just like some
assurances from the leader that our position will----
Mr. WARNER. I have just been given a note indicating the leader will
be fully briefed about the concerns of the Senator from Massachusetts.
Mr. BYRD. Will the Senator yield, whoever has the floor?
Mr. WARNER. Yes, I believe, I say to the distinguished former leader,
I have the floor, but I yield the floor to him.
Mr. BYRD. I simply thank the very distinguished Senator from Virginia
for his response to the request and his willingness to withhold his
unanimous consent request for the time being. I thank him.
Mr. WARNER. I propound the unanimous consent request.
The PRESIDING OFFICER. Is there an objection to the unanimous consent
request?
Mr. BYRD. Reserving the right to object.
The PRESIDING OFFICER. The Senator from West Virginia reserves the
right to object. Does he in fact object?
Mr. WARNER. You have my full attention.
Mr. BYRD. I am only reserving the right to object. I hope we would
have just a little while to talk about this. I am very much opposed to
this. But I read the tea leaves very well. If the Senator would just
desist for the time being, please?
Mr. WARNER. If it is the desire of the Senator from West Virginia to
object, I respect that right. The matter will now be put aside, if that
is your desire.
Mr. BYRD. I thank the Senator.
The PRESIDING OFFICER. The minority leader.
Mr. REID. I am sorry I was not on the floor. I thought we had this
all worked out. It is my understanding there are people who want to go
forward with the cloture vote, is that right? Because either we do the
cloture vote at 3:30 or we take it off. The majority leader has told me
that we take it off and he has the ability to reset it at any time he
chooses or we have the vote at 3:30. It is as simple as that.
Mr. KENNEDY. If the Senator will yield, what we were looking for is
that--we are glad to take it off. But we were hopeful, if it was going
to be the desire to go ahead with a recess appointment, whenever that
was, we at
[[Page S5746]]
least have an opportunity to have this vote sometime in the future. If
they are not going to have the recess appointment, this disappears. But
I hope we would have that opportunity at the present time. I do not
think that is an unreasonable request, if it is the desire of the
administration to move ahead with this nominee with a recess
appointment, that at least we come back to where we are now and would
have some opportunity to express ourselves. We would be giving that up
if we just vitiate the whole thing. He could say we are going to go
ahead and he is going to appoint him as a recess appointment during the
July break or sometime in the August break. That is the dilemma that we
are in.
Mr. REID. I have spoken to the majority leader. I hate to be speaking
for him here, but he is not here. The majority leader said he has not
spoken to anybody about a recess appointment. He doesn't know if they
have any intention of doing that. He doesn't know. But he doesn't want
to be constrained, so it would be my suggestion we just go ahead at
3:30, then, because doing anything other than that I think puts the
majority leader in a real bind. I am willing to put him in a bind but
not for anything that is my cause.
I suggest we withdraw the unanimous consent request and go ahead with
a vote at 3:30, if people are demanding there be some conditions on
taking away the vote. The unanimous consent request, as I understand
it, is that the vote would be vitiated and the leader would reset that
vote at any time he chose fit. Certainly the distinguished Senators
from West Virginia and Massachusetts can talk to the majority leader,
if they want to do that, following the vote being vitiated.
But unless there is an agreement on this unanimous consent request,
basically that the vote scheduled for 3:30 today be vitiated and we go
to the conference report on the emergency supplemental--if that is not
the agreement, then I assume we would go to the vote at 3:30 and go to
the supplemental at some later time.
Mr. WARNER. Mr. President, it seems to me that we could have the
certainty, then, if the vote is to be held, that we could go
immediately following the vote to the supplemental.
Mr. REID. That was discussed. I am not ready to do that.
Mr. WARNER. Then I think for the moment that we are confronted with
the parliamentary situation whereby there is objection.
Mr. REID. I ask the Chair, what time is the vote set for?
The PRESIDING OFFICER. The vote is set for 2:30, with an hour of
debate.
Mr. REID. The reason that is very awkward is because we have
Secretary Rumsfeld and Secretary Rice coming here, and to have a knock-
down, drag-out debate on this at this time doesn't seem to be very good
for the body because it is reported that the President is on the way
back from Iraq. I think we should go ahead with that schedule, which
was to vitiate this vote, but we got wound up somehow in recess
appointments the majority leader and I have never talked about. As I
said to the floor and to the distinguished Senator from Massachusetts,
he has not spoken to anybody about a recess appointment.
I ask the Senator from Massachusetts and the Senator from West
Virginia: Do we go ahead with the schedule as we have it laid out, that
at 2:30 p.m. we start the vote on Stickler, and those who want to be
here for the debate on Stickler could do that, and those who want to go
to the Rice-Rumsfeld hearing can do that?
Mr. KENNEDY. That is satisfactory.
Mr. REID. There is no unanimous consent request that we come here at
2:30 to start the debate on Stickler, and there will be a vote at 3:30.
The PRESIDING OFFICER. Does the Senator from Virginia withdraw his
unanimous consent request?
Mr. WARNER. No. Leave the unanimous consent request there. I
understand there is objection.
The PRESIDING OFFICER. Is there objection to the unanimous consent
request?
Mr. KENNEDY. I object.
The PRESIDING OFFICER. The Senator from Massachusetts objects.
____________________