[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[Senate]
[Pages 1016-1017]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       DEFENSE AUTHORIZATION ACT

  Mr. LEVIN. Mr. President, first, let me commend Senator Webb for the 
leadership on the issue he talked about. I am going to speak very 
briefly on that same issue--the signing of the statement by the 
President yesterday--but before I do that, I wish to commend him and 
the other sponsors of this legislation. It is critically needed. It is 
long overdue. But for the leadership of Senator Webb and a few other 
Senators, we would not have had that provision in the bill which was 
finally signed yesterday.
  Yesterday, the President did sign into law the National Defense 
Authorization Act, which is essentially the same bill the President 
vetoed last month. In his signing statement, the President identified a 
few provisions of the act and stated that they:

       Purport to impose requirements that could inhibit the 
     President's ability to carry out his constitutional 
     obligations.

  The President's statement went on to say that:

       The executive branch shall construe such provisions in a 
     manner consistent with the constitutional authority of the 
     President.

  The specific provisions the President cited relate to a commission to 
study and submit reports to Congress on wartime contracting in Iraq and 
Afghanistan. He cited a provision that enhances the protections from 
reprisal for contractor employees who disclose evidence of waste, fraud 
or abuse on Department of Defense contracts. He objected--or at least 
raised a question--about a requirement for offices within the 
intelligence community to respond to written requests from the chairman 
or ranking member of the Armed Services Committees for intelligence 
assessments, reports, estimates or legal opinions within 45 days, 
unless the President asserts a privilege pursuant to the Constitution 
of the United States; and he also made reference to at least a 
limitation on the use of funds appropriated pursuant to the act to 
establish a military base or installation for the permanent stationing 
of U.S. Armed Forces in Iraq or to exercise U.S. control of the oil 
resources of Iraq.
  Now, I understand the President's statement did not say these 
specific provisions or any other provisions of the act are unlawful, 
nor that the executive branch would not implement these provisions. I 
also understand similar statements have been included in signing 
statements on a number of laws by this President and that those 
statements did not result in the refusal to enforce the law as written.
  Nevertheless, I believe it is important to come to the floor as the 
chairman of the Armed Services Committee to express the view that 
Congress has a right to expect the administration will faithfully 
implement all the provisions of the National Defense Authorization Act 
of 2008--not just the ones the President happens to agree with.
  As I noted at the outset, the President vetoed an earlier version of 
this

[[Page 1017]]

act which contained the same specific provisions he singled out in his 
signing statement yesterday. The President did not choose to exercise 
his veto over those provisions and, as a result, they have not changed 
in any way whatsoever in the version of the bill the President chose to 
sign. With his signature, these provisions become the law of the land. 
Congress and the American people have a right to expect the 
administration will now faithfully carry them out.
  I note the absence of a quorum.
  The PRESIDING OFFICER (Mr. Webb). The clerk will call the roll.
  The legislative 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.

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