Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, SECOND SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, THURSDAY, OCTOBER 10, 2002 No. 133 Senate The Senate met at 9:15 a.m. and was to the Senate from the President pro Other amendments are expected to be called to order by the Honorable JON S. tempore (Mr. BYRD). debated and voted on today in order to CORZINE, a Senator from the State of The legislative clerk read the fol- complete action on this legislation, New Jersey. lowing letter: which the leader wants to complete to- U.S. SENATE, night. PRAYER PRESIDENT PRO TEMPORE, The Chaplain, Dr. Lloyd John Washington, DC, October 10, 2002. f Ogilvie, offered the following prayer: To the Senate: Under the provisions of rule I, paragraph 3, RESERVATION OF LEADER TIME Almighty God, all power and author- of the Standing Rules of the Senate, I hereby ity belong to You. You hold universes appoint the Honorable JON S. CORZINE, a The ACTING PRESIDENT pro tem- in Your hands and focus Your attention Senator from the State of New Jersey, to pore. Under the previous order, the on the planet Earth. We humble our- perform the duties of the Chair. leadership time is reserved. selves before You. You alone are Lord ROBERT C. BYRD, of all nations and have called our Na- President pro tempore. f tion to be a leader in the family of na- Mr. CORZINE thereupon assumed the tions. By Your providence You have chair as Acting President pro tempore. AUTHORIZATION OF THE USE OF brought to this Senate the men and f UNITED STATES ARMED FORCES women through whom You can rule RECOGNITION OF THE ACTING AGAINST IRAQ wisely in the soul-sized matters that MAJORITY LEADER The ACTING PRESIDENT pro tem- affect the destiny of humankind. With The ACTING PRESIDENT pro tempore. Under the previous order, the awe and wonder at Your trust in them, Senate will now resume consideration the Senators soon will vote on the res- pore. The Senator from Nevada is recognized. of S.J. Res. 45, which the clerk will re- olution on Iraq as part of our Nation’s port. f ongoing battle against terrorism. The legislative clerk read as follows: Grip their minds with three assur- SCHEDULE A joint resolution (S.J. Res. 45) to author- ances to sustain them: You are Sov- Mr. REID. Mr. President, debate will ize the use of United States Armed Forces ereign of this land and they are ac- commence shortly on the Byrd amend- against Iraq. countable to You; You are able to ment, with a vote expected in 20 min- Pending: guide their thinking, speaking, and de- utes. Following that, there will be de- Lieberman/Warner modified amendment cisions if they will but ask You; and bate with respect to the motion to in- No. 4856, in the nature of a substitute; You will bring them to unity so that voke cloture on the Lieberman sub- Byrd amendment No. 4868 (to amendment they may lead our Nation in its stra- stitute amendment for the Iraq resolu- No. 4856, as modified), to provide statutory tegic role against terrorism and assist tion. The two leaders will control the construction that constitutional authorities the free nations of the world in their last 30 minutes prior to the cloture remain unaffected and that no additional shared obligation. vote. Following that vote, debate will grant of authority is made to the President not directly related to the existing threat O God, hear our prayer. You are our occur on another Byrd amendment, Lord and Saviour. Amen. posed by Iraq; with 60 minutes of debate, and then a Levin amendment No. 4862 (to amendment f vote will occur. No. 4856), in the nature of a substitute. Following the vote on the second PLEDGE OF ALLEGIANCE Mr. MCCAIN. Mr. President, what is Byrd amendment, Senator LEVIN’s the parliamentary situation? The Honorable JON S. CORZINE led the amendment will be debated for a period Pledge of Allegiance, as follows: of 95 minutes, to be followed by a vote. AMENDMENT NO. 4869, AS MODIFIED I pledge allegiance to the Flag of the After disposition of the Levin amend- The ACTING PRESIDENT pro tem- United States of America, and to the Repub- ment, the Durbin amendment will be pore. Under the previous order, the lic for which it stands, one nation under God, considered for 40 minutes, and then clerk will report the amendment of the indivisible, with liberty and justice for all. there will be a vote. Senator from West Virginia. f Therefore, Senators should be alerted The legislative clerk read as follows: that votes will be occurring through- The Senator from West Virginia [Mr. APPOINTMENT OF ACTING out the day, and the votes will end BYRD] proposes an amendment numbered PRESIDENT PRO TEMPORE within the specified time of rollcall 4869, as modified. The PRESIDING OFFICER. The votes. The point is, we are going to try The amendment, as modified, is as clerk will please read a communication to stick closely to the time. follows:

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S10233

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10234 CONGRESSIONAL RECORD — SENATE October 10, 2002 (Purpose: To provide a termination date for Mr. KENNEDY. Four and a half min- inspections or face U.N.-backed inter- the authorization of the use of the Armed utes. national force. If such option fails, and Forces of the United States, together with Mr. BYRD. I yield 5 minutes to the Saddam refuses to cooperate, the Presi- procedures for the extension of such date Senator from Massachusetts. dent could then come to the Congress unless Congress disapproves the extension) The ACTING PRESIDENT pro tem- and request Congress to provide him At the appropriate place, insert the fol- pore. The Senator from Massachusetts. lowing: with authorization to wage war against Mr. KENNEDY. Mr. President, for Iraq. SEC. 5. TERMINATION OF THE AUTHORIZATION FOR THE USE OF THE UNITED the past few days we have debated the By pursuing this course, we maxi- STATES ARMED FORCES. details of a resolution but not the im- mize the chance that the world can dis- (a) IN GENERAL.—The authorization in sec- plication of war with Iraq. We were arm Saddam without our going to war tion 4(a) shall terminate 12 months after the into the debate on the resolutions for 2 or, if war was necessary, we would be date of enactment of this joint resolution, days, and then a cloture motion was joined by allied troops in the cause. In except that the President may extend, for a filed. I am reminded of the excellent the end, having tried these options and period or periods of 12 months each, such au- statements made by my friend from thorization if— failed, our allies are far more likely to (1) the President determines and certifies West Virginia that this subject about support our intervention should we to Congress for each such period, not later war and peace deserves a longer period elect to attack alone. that 60 days before the date of termination of time for discussion. The world looks to America not just of the authorization, that the extension is Earlier in the session, we debated for because of our superior might or eco- necessary for ongoing or impending military 21 days the Elementary and Secondary nomic weight; they admire us and emu- operations against Iraq under section 4(a); Education Act; 23 days on the energy late us because we are a friend and ally and bill; 19 days on trade promotion; 18 that defends freedom and promotes our (2) the Congress does not enact into law, days on the farm bill—all extremely before the extension of the authorization, a values around the globe. Those same joint resolution disapproving the extension important, but this issue is far more traits that are the envy of the world of the authorization for the additional 12- so. should guide us today as we conclude month period. In facing the global challenges of this important debate. (b) CONGRESSIONAL REVIEW PROCEDURES.— these times, we defend American val- I thank the Senator from West Vir- (1) IN GENERAL.—For purposes of sub- ues and interests best when war is our ginia, and I yield back to him the re- section (a)(2), a joint resolution described in last resort, not our first impulse. I mainder of my time. paragraph (2) shall be considered in the Sen- commend President Bush for deciding Mr. BYRD. Mr. President, I thank ate and the House of Representatives in ac- in the end to take America’s case to cordance with the procedures applicable to the Senator. How much time do I have? joint resolutions under paragraphs (3) the United Nations. Make no mistake The ACTING PRESIDENT pro tem- through (8) of section 8066(c) of the Depart- about it, this resolution lets the Presi- pore. The Senator has 11 minutes. ment of Defense Appropriations Act, 1985 (as dent go it alone. Iraq should have no Mr. BYRD. I reserve the remainder of contained in Public Law 98–473; 98 Stat. 1936– doubt of the unity of the American my time. 1937), except that— purpose and the seriousness of our in- The ACTING PRESIDENT pro tem- (A) references in those provisions to the tent. Having suffered the tragedy of pore. The Senator from Arizona. Committee on Appropriations of the House September 11, we will leave no stone Mr. MCCAIN. Mr. President, I under- of Representatives shall be deemed to be ref- unturned in the defense of innocent stand we have 5 minutes. I yield that 5 erences to the Committee on International Relations of the House of Representatives; Americans. minutes to the Senator from Con- and The question is not whether we will necticut however he chooses to use it. (B) references in those provisions to the disarm Saddam Hussein of his weapons The ACTING PRESIDENT pro tem- Committee on Appropriations of the Senate of mass destruction but how. And it is pore. The Senator from Connecticut. shall be deemed to be references to the Com- wrong for Congress to declare war Mr. LIEBERMAN. I thank the Chair. mittee on Foreign Relations of the Senate. against Iraq now before we have ex- Mr. President, I thank my colleague (2) JOINT RESOLUTION DEFINED.—For pur- hausted the alternatives. It is wrong from Arizona. poses of paragraph (1), the term ‘‘joint reso- for the President to demand a declara- The amendment of the Senator from lution’’ means only a joint resolution intro- West Virginia which is before us would duced after the date on which the certifi- tion of war from Congress when he says cation of the President under subsection he has not decided whether to go to terminate, 12 months after the date of (a)(1) is received by Congress, the matter war. It is wrong to avert our attention enactment of the underlying joint reso- after the resolving clause of which is as fol- now from the greater and far more im- lution, the authorization given in that lows: ‘‘That, pursuant to section 5 of the Au- mediate threat of Osama bin Laden and resolution. In other words, it would put thorization for the Use of Military Force al-Qaida terrorism. a time limit of a year subject to exten- Against Iraq, the Congress disapproves the Pick up the paper and see the dif- sion, but, nonetheless, a time limit for extension of the authorization under section ferent headlines: ‘‘Attacks Put Troops a year on the authorization provided in 4(a) of that joint resolution for the addi- the underlying resolution. tional 12-month period specified in the cer- on Alert’’; ‘‘They fear contact with al- tification of the President to the Congress Qaida’’; ‘‘Tape, Assaults Stir Worry I say to my colleagues respectfully, dated ll.’’, with the blank filled in with the About Resurgent Al Qaeda’’; and the this amendment is unprecedented and appropriate date. list goes on about the al-Qaida activi- unwise. It is unprecedented in the Mr. MCCAIN. And the time is run- ties all over the world. sense that in brief research overnight, ning; is that correct? We cannot go it alone on Iraq and ex- I have not been able to find an occasion The ACTING PRESIDENT pro tem- pect our allies to support us. in which Congress has exercised au- pore. There are 20 minutes overall—15 We cannot go it alone and expect the thority with regard to military action minutes to the sponsor of the amend- world to stand with us in the urgent under article I of the Constitution ment and 5 minutes in opposition. If and ongoing war against terrorism and when Congress has attached a time nobody yields time, time will be deal-Qaida. limit to it. ducted proportionately. We cannot go it alone in attacking There was one occasion when time The Senator from West Virginia. Iraq and expect Saddam to keep his limits were discussed with regard to Mr. BYRD. Mr. President, does the weapons of mass destruction at bay the deployment of American forces in distinguished Senator from Arizona against us or our ally Israel. Bosnia, the Balkans, during the nine- wish to use any time at this point? We cannot go it alone while urging ties, but I think we saw there why con- Mr. MCCAIN. No. unprincipled regimes to resist inva- gressional imposition of time limits on Mr. BYRD. Mr. President, how much sions of their adversaries. authorization of military action is un- time do I have? The better course for our Nation and wise. The ACTING PRESIDENT pro tem- for our goal of disarming Saddam Hus- Why is it unwise? It is unwise be- pore. Fifteen minutes. sein is a two-step policy. We should ap- cause it gives notice to our enemies Mr. BYRD. Mr. President, how much prove a strong resolution today calling that there is a limit to the authority time does the distinguished Senator on the United Nations to require Iraq we are giving the President as Com- from Massachusetts wish? to submit to unfettered U.N. weapons mander in Chief of our military forces.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10235 It allows them to calculate their ac- gime endangers America, congressional In that case, we were in the Balkans. tions based on that limited duration. authority for the President to use force There were forces there, and there were In Bosnia, when that deadline was ar- must remain in force until he has met people on the floor who were attempt- ticulated by the administration, it cre- our common objective of disarming ing to put a time on how long they ated expectations which were quite Saddam Hussein. could stay after we had gone in, after naturally frustrated and therein cre- To place a limit on the amount of we had already prevailed, after we were ated a credibility gap. time the President possesses this au- in place. There is a deadline in the underlying thority, once Congress has granted it The third point I make in the 2 min- resolution, and the deadline is what it to him, would only encourage Saddam utes I have is, we learned from Viet- ought to be and always has been for Hussein to stall and temporize on his nam the power of the purse is useless. military actions in which the Armed commitments, knowing that the clock The power of the purse is useless be- Forces of the United States have been is working in his favor. Such an incen- cause it presents us with a Hobson’s involved. The authorization ends when tive would make us less secure, not choice. We have our fighting men and the mission is accomplished, and in more secure. women in place and we are told, by the this case the authorization would end If the vast majority of Members of way, the President will not take them when the two missions stated were ac- Congress and the American people home so let’s cut off the support for complished: When the President as agree upon the threat posed by Saddam them so they have no guns, no bullets, Commander in Chief concluded that Hussein’s Iraq, and if we accept that no ability to fight a war. And no one is America was adequately protected, our the President will confront this danger willing to do that. This is a prudent national security was adequately pro- within the parameters we have laid out way to do this, totally consistent with tected from threats from Iraq, and that in this congressional resolution, what what the President is asking. I think it the relevant United Nations resolu- about that threat would change in 12 makes absolute eminent sense. I con- tions were adequately being enforced. months, assuming we have not acted gratulate the Senator. Even though I That is the deadline. against it by that time, that would disagree with him on his underlying If the mood of Congress should somehow negate the President’s need notion, I do think he is right on this change, if the attitude of the public for the authority to meet it? point and I support him. should change, Congress always re- If anything, the threat posed by Sad- Mr. BYRD. How much time do I have serves, as it has shown in the past, the dam Hussein’s regime will only grow remaining? power of the purse and the power to with time. Private and public esti- The ACTING PRESIDENT pro tem- change its opinion. But this amend- mates are that Saddam Hussein could pore. The Senator has 9 minutes 20 sec- ment at this time, as we try to gather possess nuclear weapons within six onds. our strength and unity of purpose to months to a year were he to acquire Mr. BYRD. I ask to be notified when convince the international community weapons-grade plutonium on the inter- I have 2 minutes left. to join with us, as they surely will, is national market. Mr. President, 38 years ago I, ROBERT to finally get Saddam Hussein to keep That’s why the President has re- C. BYRD, voted on the Tonkin Gulf Res- his promise to disarm at the end of the quested the authority to act now. Sad- olution—the resolution that authorized gulf war. dam Hussein represents a grave and the President to use military force to We need no limitations on authority. gathering danger. I hope he is no ‘‘repel armed attacks’’ and ‘‘to prevent We need to speak with a clear voice. As longer in power 1 year from now. But further Communist aggression’’ in it says in the Bible, if the sound of the there is certainly a chance he could be. Southeast Asia. trumpet be uncertain, who shall fol- Congress cannot foresee the entire It was this resolution that provided low? And if we put a 12-month time course of this conflict. Acting now to the basis for American involvement in limit on the authority of the under- deprive the President 12 months from the war in Vietnam. lying resolution, I fear that fewer will now of the authority we would grant It was the resolution that lead to the follow and the result will be much less him in this resolution would be an in- longest war in American history. than we want it to be. fringement on the authority of the It led to the deaths of 58,000 Ameri- I reserve the remainder of my time. Commander in Chief and a strange way cans, and 150,000 Americans being Mr. McCAIN. Mr. President, I oppose to respond to the grave threat to wounded in action. the amendment offered by the Senator American national security posed by It led to massive protests, a deeply from West Virginia, which would sun- Saddam Hussein’s regime. divided country, and the deaths of set the authority Congress would grant The ACTING PRESIDENT pro tem- more Americans at Kent State. to the President in this resolution to pore. Who yields time? It was a war that destroyed the Pres- defend American security against the Mr. BYRD. I yield 2 minutes to the idency of Lyndon Johnson and wrecked threat posed by Iraq. distinguished Senator from Delaware. the administration of Richard Nixon. As the Senator has pointed out, the Mr. BIDEN. Mr. President, the Sen- After all that carnage, we began to 12-month limit on congressional au- ator from Connecticut is right that ar- learn that, in voting for the Tonkin thorization for the use of force his ticle 1 of the Constitution does not pro- Gulf Resolution, we were basing our amendment would set could be ex- vide for this, but article 1 of the Con- votes on bad information. We learned tended by presidential or congressional stitution also does not provide for a that the claims the administration action. However, these requirements declaration of war before the President made on the need for the Tonkin Gulf are onerous and infringe upon the au- is asked to go to war. So this is a very Resolution were simply not true, and thority of the Commander in Chief to different circumstance. The President history is repeating itself. meet his obligations to protect Amer- has not asked us to go to war. He has We tragically and belatedly learned ican security. said he wants the power to be able to that we had not taken enough time to The concept of imposing a deadline go to war. It seems completely con- consider the resolution. We had not after which the President loses his au- sistent with that request that we say: asked the right questions, nor enough thority to achieve the goals set out in Yes, Mr. President, you have that questions. We learned that we should the Iraq resolution strikes me as losing power to go to war; you can do that have been demanding more hard evi- sight of the objective of a congres- within 1 year. If, in fact, you go to war dence from the administration rather sional authorization of the use of force: in 1 year, you can extend that 1 year. than accepting the administration at ending the threat to the United States Let me put it this way. If we are 2 its word. and the world posed by Saddam Hus- years down the road still fooling But it was too late. sein’s regime, so long as it possesses around with Iraq, then my friends from For all those spouting jingoes about weapons of mass destruction and defies Connecticut and other places have been going to war with Iraq, about the ur- its obligations to the world. so dead wrong about what we are sup- gent need for regime change no matter So long as that threat persists, and posed to do that it would be amazing. what the cost, about the need to take with Congress and the President hav- I point out that this is nothing like out the evil dictator—and make no ing agreed that Saddam Hussein’s re- Bosnia and nothing like the Balkans. mistakes, I know and understand that

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10236 CONGRESSIONAL RECORD — SENATE October 10, 2002 Saddam Hussein is an evil dictator—I to know, have we exhausted every ave- that our Nation is right, and not just urge Senators to go down on The Cap- nue of peace? My favorite book does powerful. ital Mall and look at the Vietnam me- not say, blessed are the war makers. It And I want the language that is in morial. Nearly every day you will find says: ‘‘Blessed are the peacemakers.’’ this amendment so that Congress can someone at that wall weeping for a Have we truly pursued peace? oversee this power grab and act to ter- loved one, a father, a son, a brother, a If the need for taking military action minate it at some point in time—giv- friend, whose name is on that wall. against Iraq is so obvious and so need- ing the President the opportunity to If we are fortunate, a war with Iraq ed and so urgent, then why are nearly extend the time but let’s keep Congress will be a short one with few American every one of our allies opposed to it? in the act. deaths, as in the Persian Gulf war, and Why is the President on the phone Senators, vote for this amendment. I we can go around again waving flags nearly every day trying to convince plead with you. and singing patriotic songs. our allies to join us? The ACTING PRESIDENT pro tem- Or, maybe we will find ourselves So many people, so many nations in pore. Who yields time? building another wall on the mall. the Arab world already hate and fear The Senator from Virginia. I will always remember the words of us. Why do we want them to hate and Mr. WARNER. Mr. President, I am Senator Wayne Morse, one of the two fear us even more? opposed to the Byrd amendment, for Senators who opposed the Tonkin Gulf People are correct to point out that this is a resolution to deter war. Resolution. During the debate on the September 11 changed everything. We The amendment proposed by Senator Tonkin Gulf Resolution, he stated: need to be more careful. We need to BYRD would insert into the joint reso- ‘‘The resolution will pass, and Senators build up our intelligence efforts and lution, language which would state who vote for it will live to regret it.’’ our homeland security. But do we go that nothing in that joint resolution: is Many Senators did live to regret it. around pounding everybody, anybody, intended to alter the constitutional au- The Tonkin Gulf Resolution con- who might pose a threat to our secu- thorities of the Congress to declare tained a sunset provision to end mili- rity? If we clobber Iraq today, do we war, grant letters of marque and retary action. S.J. Res. 46 will allow the clobber Iran tomorrow? prisal, or other authorities invested in President to continue war for as long When do we attack China? When do Congress by Article I, Section 8, of the as he wants, against anyone he wants we attack North Korea? When do we Constitution; or shall be construed as as long he feels it will help eliminate attack Syria? granting any authority to the Presi- the threat posed by Iraq. dent to use the U.S. Armed Forces for With the Tonkin Gulf Resolution, Unless I can be shown proof that any purpose not directly related to a Congress could ‘‘terminate’’ military these distant nations do pose an imme- clear threat of imminent, sudden, and action. With S.J. Res. 46 , only the diate, serious threat to the national indirect attack upon the U.S. or its President can terminate military ac- terests and security of the United armed forces unless the Congress oth- tion. States, I think we should finish our I should point out that the Tonkin war on terrorism. I think we should de- erwise authorizes. Gulf Resolution and S.J. Res. 46 do stroy those who destroyed the Trade The amendment of the Senator from have several things in common. Con- Towers and attacked the Pentagon. I West Virginia attempts to do some- gress is again being asked to vote on think we should get thug No. 1 before thing that the Framers of the Con- the use of force without hard evidence we worry about thug No. 2. stitution did not attempt—to define, that the country poses an immediate Yes, September 11 changed many as- with particularity, the extent of the threat to the national security of the pects of our lives, but people still President’s powers as Commander in United States. We are being asked to bleed. America’s mothers will still Chief of the Armed Forces. Specifi- vote on a resolution authorizing the weep for their sons and their daughters cally, it would limit the authority of use of force in a hyped up, politically who will not come home. the President to use Armed Forces to a charged atmosphere in an election September 11 should have made us narrowly defined set of circumstance— year. Congress is again being rushed more aware of the pain that comes ‘‘a clear threat of imminent, sudden into a judgment. from being attacked. We, more than and direct attack upon the United This is why I stand here today, before ever, are aware of the damage, the States or its Armed Forces.’’ Even this Chamber, and before this Nation, deaths, and the suffering that comes when the United States enjoyed gen- urging, pleading for some sanity, for from violent attacks. uine geographic and political isolation more time to consider this resolution, The ACTING PRESIDENT pro tem- from the Old World, such a limitation for more hard evidence on the need for pore. The Senator has 2 minutes re- could not be maintained. Within a dec- this resolution. maining. ade of the ratification of the Constitu- Before we put this great Nation on Mr. BYRD. I thank the Chair. tion, the United States engaged in an the track to war, I want to see more This is what we are about to do to undeclared naval war with France. evidence, hard evidence, not more other countries. We are about to inflict Shortly thereafter, we engaged in Presidential rhetoric. In support of this this horrible suffering upon other peo- undeclared war with the Barbary resolution, several people have pointed ple. States of North Africa, who had en- out that President Kennedy acted uni- Of course, we do not talk about this. gaged in piratical depredations against laterally in the Cuban missile crisis. We talk about taking out Saddam Hus- American shipping. That is true. I remember that. I was sein. We are talking about taking out In 1861, President Lincoln, faced with here. I also remember President Ken- Iraq, about ‘‘regime change.’’ an unprecedented situation, imposed a nedy going on national television and I do not want history to remember blockade—an act of war normally em- showing proof of the threat we faced. I my country as being on the side of evil. ployed against a foreign enemy—upon remember him sending our UN ambas- During the Civil War, a minister ex- the Southern Confederacy. He did this sador, Adlai Stevenson, to the United pressed his hope to President Lincoln without congressional authorization. Nations, to provide proof to the world that the Lord was on the side of the The Supreme Court later upheld this that there was a threat to the national North. The Great Emancipator report- action in the famous Prize Cases, stat- security of the United States. edly rebuked the minister stating: ing that the President had a constitu- All we get from this administration It is my constant anxiety and prayer that tional duty to meet the insurrection as is rhetoric. In fact, in an address to our I and this nation are on the Lord’s side. he found it; the determination that a NATO colleagues, Defense Secretary Before I vote for this resolution for state of war existed was for him to Donald Rumsfeld, according to the Chi- war, a war in which thousands, perhaps make. cago Tribune, urged our allies to resist tens of thousands or hundred of thou- This is not a Republican or Demo- the idea for the need of absolute proof sands of people may die, I want to cratic issue. Since 1945, Presidents of about terrorists intent before they make sure that I and this Nation are both parties have repeatedly com- took action. on God’s side. mitted American troops abroad with- Before we unleash what Thomas Jef- I want more time. I want more evi- out formal congressional approval. ferson called the ‘‘dogs of war,’’ I want dence. I want to know that I am right, Whether in Korea, Grenada, Panama,

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10237 Kosovo, or numerous other areas of the Mr. MCCAIN. Mr. President, I thank Johnson Murray Smith (NH) Kyl Nelson (FL) Smith (OR) world, our Presidents have used their the Senator from Connecticut for his Landrieu Nelson (NE) Snowe powers as Commander in Chief to pro- thoughtful statement. I want to say in Lieberman Nickles Specter tect the Nation and American interests the few remaining seconds that to view Lott Reed Stevens whenever they, in their considered the cause of the tragedy of the Viet- Lugar Reid Thomas McCain Roberts Thompson judgment, thought it best to do so. The nam war as being the Tonkin Gulf reso- McConnell Santorum Thurmond Clinton administration, which com- lution is a somewhat, in my view, sim- Miller Sessions Voinovich mitted American troops to military op- plistic view. Murkowski Shelby Warner erations abroad on an unprecedented There were a lot of factors that en- NOT VOTING—3 scale in situations not involving immi- tered into the beginning and the con- Helms Lincoln Mikulski nent danger of attack to the United tinuation of the Vietnam war. The The amendment (No. 4869), as modi- States, did not request formal congres- Tonkin Gulf resolution was simply fied, was rejected. sional approval for any of those window dressing. At any time the Con- The PRESIDING OFFICER. Under oeprations—believing that the Presi- gress of the United States could have the previous order, there will now be 45 dent possessed the constitutional au- reversed that resolution and chose not minutes prior to the cloture vote on thority to do so. Indeed, the Secretary to. amendment No. 4856, as modified. of State in 1998 publicly stated that the The ACTING PRESIDENT pro tem- Under the previous order, the first 15 1991 congressional resolution author- pore. The time in opposition has ex- minutes shall be under the control of izing the use of force against Iraq, to- pired. the Senator from West Virginia, Mr. gether with existing Security Council The sponsor has 37 seconds. BYRD, the second 15 minutes shall be resolutions, constituted sufficient au- Mr. BYRD. Mr. President, this is a under the control of the Republican thority for the use of force against Tonkin Gulf resolution all over again. leader, and the third 15 minutes shall Iraq. Let us stop, look, and listen. Let us not be under the control of the majority On September 11th of last year the give this President, or any President, leader. American people awoke to the realiza- unchecked power. Remember the Con- Mr. BYRD. Mr. President, I yield 5 tion that they were in imminent dan- stitution. Remember the Constitution. minutes of my 15 minutes to the distin- ger, had been for some time, and this Mr. President, I yield back my time. guish Senator from Pennsylvania, Mr. danger gives no warning. It is a dif- The ACTING PRESIDENT pro tem- SPECTER. ferent type of danger, but no less real pore. The Senator from Connecticut. The PRESIDING OFFICER. The Sen- and no less threatening to the Nation Mr. LIEBERMAN. Mr. President, ator from Pennsylvania. than more traditional ones. As the have the yeas and nays been ordered? Mr. SPECTER. I thank the distin- President reminded us in his speech to The ACTING PRESIDENT pro tem- guished President pro tempore and the the Nation on Monday evening: pore. They have not. Chair. Iraq could decide on any given day to pro- Mr. LIEBERMAN. I ask for the yeas Mr. President, I have sought this vide a biological or chemical weapon to a and nays. terrorist group or individual terrorists. Alli- time to register my very strong objec- The ACTING PRESIDENT pro tem- tion to cloture on this resolution au- ance with terrorists could allow the Iraqi re- pore. Is there a sufficient second? gime to attack America without leaving any thorizing the use of force, which is the fingerprints . . . confronting the threat There appears to be a sufficient sec- equivalent of a declaration of war. In posed by Iraq is crucial to winning the war ond. my 22 years in the Senate, the only on terror. The question is on agreeing to Byrd issue which has been of equal impor- On the Today Show this week, Rich- amendment No. 4869, as modified. tance was the authorization for the use ard Butler, former head of UNSCOM, The clerk will call the roll. of force in 1991. The motion to invoke was asked how easy it would be for the The legislative clerk called the roll. cloture, which is to cut off debate, is Iraqis to arm a terrorist group or an Mr. REID. I announce that the Sen- supposed to be done when there is a fil- individual terrorist with weapons of ator from Arkansas (Mrs. LINCOLN) and ibuster. However, there is no filibuster mass destruction. His response was the Senator from Maryland (Ms. MI- present on this issue. ‘‘Extremely easy. If they decided to do KULSKI), are necessarily absent. I came to the floor yesterday in an it, piece of cake!’’ Mr. NICKLES. I announce that the effort to participate in a colloquy with They may already have done it. The Senator from North Carolina (Mr. Senator LIEBERMAN, the lead proponent danger is clear, present, and imminent. HELMS) is necessarily absent. of the bill, and found that all the time We must grant the President the au- The PRESIDING OFFICER (Mr. MIL- was allotted and all the time was thority to use armed force to protect LER). Are there any other Senators in taken. When no one appeared, we had the Nation, and the flexibility to em- the Chamber desiring to vote? about 3 minutes to discuss an issue ploy that force as seems best to him. The result was announced—yeas 31, which really required 30 minutes or an Our enemies are cunning and flexible; nays 66, as follows: hour. I then sought time later in the we cannot defeat them with anything [Rollcall Vote No. 232 Leg.] afternoon, and all the time was taken. less. YEAS—31 I then sought time this morning and The Byrd amendment regarding pres- Akaka Dodd Leahy find that the only time which is avail- ervation of Congress’s constitutional Biden Dorgan Levin able is some time after 5 p.m. this authorities is unnecessary. The portion Bingaman Durbin Rockefeller afternoon. of the amendment that would limit the Boxer Feingold Sarbanes It is customary in the Senate to see Byrd Harkin Schumer authority of the President to wage war Cantwell Hollings Stabenow two lights on for a quorum call, but is, arguably unconstitutional. The Con- Chafee Inouye Torricelli there have been very few quorum calls gress can declare war, but it cannot Clinton Jeffords Wellstone on this resolution—really none—except Conrad Kennedy Wyden dictate to the President how to wage Corzine Kerry when Senators are on their way to the war. No law passed by Congress could Dayton Kohl floor or when there are discussions. So alter the constitutional separation of NAYS—66 there has certainly not been any effort powers. to filibuster. Those who sought time to Allard Carper Feinstein I urge my colleagues to defeat this Allen Cleland Fitzgerald come over and discuss important issues amendment. Baucus Cochran Frist have found that there is no time to do The ACTING PRESIDENT pro tem- Bayh Collins Graham so. Bennett Craig Gramm pore. The Senator from Connecticut. Bond Crapo Grassley We now have a series of amendments Mr. LIEBERMAN. Mr. President, I Breaux Daschle Gregg lined up with time allocations which yield the remaining time on our side to Brownback DeWine Hagel are very brief. To discuss the cloture my friend from Arizona. Bunning Domenici Hatch resolution itself in 45 minutes is very Burns Edwards Hutchinson The ACTING PRESIDENT pro tem- Campbell Ensign Hutchison limited. To discuss the amendments pore. The Senator from Arizona. Carnahan Enzi Inhofe which are pending is very difficult.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10238 CONGRESSIONAL RECORD — SENATE October 10, 2002 There is in the bill a change from the The PRESIDING OFFICER. The Sen- vote for our country today? Each of us 1991 resolution which has an objective ator from West Virginia. took an oath under this Constitution. test for the President to use force to Mr. BYRD. Mr. President, I thank You took it in the chair, Mr. President. carry out U.N. resolutions, whereas in the distinguished Senator for a very Mr. Senator from Virginia, you took it. the current resolution, it is subjective courageous statement. This is the Constitution that James as the President sees fit. That is a mat- The Polycraticus of John of Salis- Madison from the State of Virginia ter of great moment which has not bury, completed in 1159, says that Nero, helped to write; that George Wash- been debated in the Senate. the sixth in line from Julius, having ington helped to write. We take an The resolution has numerous whereas heard the Senate had condemned him oath to support and defend that Con- clauses so that one can read the resolu- to death, begged that someone would stitution. Are we defending it here tion to justify the use of force if the give him courage to die by dying with today? Are we defending the role of the Iraqi Government continues to abuse him as an example. When he perceived Senate as set forth in this Constitution its citizens. I would not want to say the horseman drawing near, he which says Congress shall declare war? the Iraqi Government has not abused upbraided his own cowardice by saying: Here we are about to hand off that its citizens, but I do not believe anyone ‘‘I die shamefully.’’ So saying, he drove role, that responsibility, to a President is seriously contending that is the the steel into his own throat and thus, of the United States without limita- basis for the President to take the says John of Salisbury, came to an end tion. He can go on and on. We are out United States to war. To stop Saddam the whole House of the Caesars. of it. Once we pass this resolution and Mr. President, here in this pernicious Hussein from having weapons of mass it is signed by the President, Senators resolution on which the Senate will destruction which pose a threat to the are out of it. You can complain, but it United States, is a reason. vote soon, we find the dagger that is being held at the throat of the Senate won’t help. Then there is the issue of regime I say that we are denying the Amer- change, which is in the whereas clause. of the United States. I say to my friends, we ought to pause and wonder ican people their right to be heard. The resolution contains a provision for Here we are being shut off on a cloture U.S. national security interests. I if Captain John Parker and his minute- men fought on the green of Lexington vote. I know the rules of the Senate. I posed questions to the Senator from have used the cloture vote myself. But Connecticut yesterday as to whether for this piece of rag, this so-called resolution. When Parker lost 8 or 10 of his in a situation such as this, I have regime change was comprehended in pleaded for time, more time. I have our national security interest. That men with that first shot, is this what they died for, this resolution? Is that been turned down. has yet to be answered. The American people out there are The point I am making is that this is what they died for? going to render a judgment. They are a matter which requires discussion and How about John Paul Jones, when he going to render a judgment on every analysis. I do not believe it helps the was fighting the Serapis. He was the captain of the when Senator in this body before it is over. I President of the United States to have Bon Homme Richard he said, I have not yet begun to fight. pray to God that if we go to war with the Senate rush to judgment. It is not What he was fighting for? Was he fight- Iraq, we will be lucky. I pray to God we quite a blank check. It is not quite a ing for this piece of cowardice here in will be lucky. knee-jerk reaction, but it is not the this resolution that gives to the Presi- kind of deliberation that ought to Nobody will support this country in dent—lock, stock and barrel—the au- characterize the work of this body. It war any more strongly than will I. But thority to use the military forces of would be unfortunate if the Senate here today we are being tested. I didn’t this country however he will, whenever votes for a resolution authorizing the swear to support and defend the Presi- he will, and wherever he will, and for use of force notwithstanding the ques- dent of the United States when I came as long as he will? tions which I have raised, although I here. I pledged on the Bible up there on We are handing this over to the the desk to support and defend the said on the floor before that I may well President of the United States. When support the President. However, if we Constitution of the United States, so we do that, we can put a sign on the help me God. That was no light prayer. do so in a context of deliberation and top of this Capitol, and we can say: thoughtfulness when people like Sen- That was no light oath. ‘‘Gone home.’’ ‘‘Gone fishing.’’ ‘‘Out of I think we ought to look inside of ator LIEBERMAN, Senator MCCAIN, Sen- business.’’ ator WARNER, Senator BIDEN, Senator ourselves. Look at our children and I don’t believe our forebears died for grandchildren. Look in the mirror and JEFFORDS, and other Members, put our that kind of a piece of paper. How imprimatur on it, it has some signifi- see if you can say: Old buddy, I voted about Nathan Hale? He, too, was from for what I thought was right. I voted cance in the international arena, pro- Connecticut, may I say to the chief with the Constitution. viding it is debated, and providing sponsor of this resolution. Nathan Hale They say: Well, support our Com- there is some lucid discussion on all of volunteered to go into the British lines the issues we are confronting. when he was called upon to do so by mander in Chief. He is Commander in I noted in the ‘‘Philadelphia In- George Washington. He volunteered. He Chief of the Army and Navy and the quirer’’ this week the comment of a went behind the British lines to draw militia when called into service. He is House member: The President has the gun emplacements, the breastwork not Commander in Chief of industry. handcuffed us. I am voting yes on this of the British. And on the night of Sep- He is not Commander in Chief of the resolution because I think ultimately tember 21, 1776, he was prepared to re- Senate of the United States. So where the box the President has put us in has turn to his own lines. He had on his are the Nathan Hales today who would forced us to vote in the interests of na- person the pictures that he had drawn, give their life, their own life for their tional security. the notes he had made, and he was dis- country? Give one vote for this Con- I do not think we ought to vote for covered as a spy on the night of Sep- stitution. After all, if it were not for this resolution because we are being tember 21, 1776. Nathan Hale. this Constitution, I wouldn’t be here. handcuffed. I do not think anyone any- The next morning he was hauled up You would not be here. You would not where ought to vote for a resolution for before a wooden coffin in which he be here. You would not be here. None of being handcuffed or for being put in a knew that his body would soon lie and us would be here. But because of this box. grow cold. And the captain of the Brit- Constitution, we are here today. These are matters which require a lot ish, Captain Cunningham, said to Na- The people want us to ask questions. of analysis and a lot of debate. The clo- than Hale: Do you have anything that They want us to take a stand. They ture motion will cut off nongermane you would like to say? He had already want us to take a stand against this amendments. That is a very tight re- been refused a Bible. He was asked, did stampede. Where are Senators today? striction. Other amendments ought to he have anything further. Where are the backbones that stand up be offered which are very important to He said: I only regret that I have but for the people? How many mothers, the discussion on this critical matter. I one life to lose for my country. how many fathers will see their sons thank the Senator from West Virginia, Nathan Hale gave his own life, one and their daughters die possibly in a and I yield the floor. life. It was all he had. Can we give one war in a foreign land?

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10239 I say, my friends, I am sorry to see Gulf resolution. I think we had about 2 He sent up some suggested language on this day. This is my 50th year in Con- days of debate previously, and 2 1⁄2 days this resolution, and it was changed gress. I never would have thought I when we actually took up the debate— once and then twice; significant would find a Senate which would lack when it passed. It was a very important changes were made at the rec- the backbone to stand up against the debate. I thought it was an occasion ommendation of Senators on both sides stampede, this rush to war, this rush to when the Senate proved it is the of the aisle. So he has worked with us give to the President of the United world’s greatest deliberative body. It in this effort. He encouraged our in- States, whatever President he is, what- was very serious. Every Senator spoke, volvement and our debate. He has gone ever party, this rush to give a Presi- we had the vote, and it passed. I to the U.N. and called on them to stand dent, to put it in his hands alone, to let thought it was one of the high-water up to their commitment and do their him determine alone when he will send marks since I have served in the Sen- job, and quit passing resolutions that the sons and daughters of the Amer- ate. It was only 2 1⁄2 days and every are not backed or demanded to be com- ican people into war, let him have con- Senator got a chance to speak. plied with, with force if necessary. He trol of the military forces. He will not In 1998, at the request of President did the job. He and his administration, only make war, but he will declare war. Clinton, I moved aggressively, in a bi- including the Secretary of State, Colin That flies in the face of this Con- partisan way, to pass the Iraqi Libera- Powell, have worked with allies at the stitution. This Constitution does not tion Act. As I recall, at that time, Sen- U.N. and with our allies around the give to a President of the United ator KYL worked with me on that world. This President has made it clear States the right to determine when, issue, Senator WARNER was involved, as he is not going to act precipitously, where, how, and for how long he will were Senators KERRY and LIEBERMAN, but he is prepared to act. use the military forces of the United and we passed that resolution, which This President has led with commit- States. also called for a regime change unani- ment and has shown leadership. He is I plead to Senators in the name of mously, with very short debate—as I prepared to try to find a peaceful solu- this Constitution: We need people who recall, maybe even a half day, or a day tion here. But unless we make it clear will stand up for the American people. at the most. But it was important de- he is committed, we are committed, We need Senators who will take a bate and an important vote. and the U.N. is committed, this prob- stand. I hope Senators will take what I So when we have been called on by lem will not go away. It is serious and am saying in the best of spirit. I think Presidents of both parties to address it is imminent. It takes but one person we are making one horrible mistake. this very serious issue in this very seri- with a small container to bring very Remember: I only regret that I have ous area of the world, we have handled dangerous weapons of mass destruction but one life to lose for my country. Na- it in the right way. I think that is the into this country. than Hale. case here. Senators were told in my Some people say, why now? Well, be- The PRESIDING OFFICER. Under conference, and I know Senator cause the threat is not going to lessen. the previous order, the next 15 minutes DASCHLE told his side’s conference, you It has been 4 years since we passed the will be controlled by the Republican will be able to speak on Friday and, Iraqi Liberation Act in 1998. I suspect Party. again, on Monday. We will stay as long matters have gotten much worse. Be- The Republican leader is recognized. as you need. We had all day yesterday. sides that, the U.N. is going to be leav- Mr. LOTT. Mr. President, I believe A great effort was made to make sure ing soon for the year and won’t be back under the agreement, I have 15 minutes Senators had a chance to speak. Now until next August. We want to see ac- of this time. Senators have a chance to offer amend- tion from the U.N. We need to act to The PRESIDING OFFICER. The Sen- ments and speak on them. After the show our commitment, and we need to ator is correct. vote between 3 and 4 o’clock, there will show our determination to get them to Mr. LOTT. I will use approximately 5 be more time because Senators do feel act in a way that has real force. minutes of the time and yield the re- strongly about this and want an oppor- I think we have had a full debate and mainder of my time to Senator WAR- tunity to be heard. They are going to we will have more debate. To try to NER. have that opportunity. delay it another day, another week, is I would like to begin by saying how I believe this issue has been aired not going to be helpful. We need to much I appreciate the work that has fully. It is not new. We have been wor- stand up now, show we mean what we been done here in handling this legisla- rying about this, talking about this, say, and we are going to get the results tion, having a full debate. Senator and debating the seriousness of the and, by doing that, perhaps something WARNER has been here joining in the threat from Saddam Hussein and his can be worked out without the use of discussion, Senator REID, Senator weapons of mass destruction for force. But this President has asked for MCCAIN. There has been a serious effort years—really, for 11 years. There is this. This Senate is committed to this. to make sure we had an orderly process new information that is available. We I believe the vote will be over- where Senators could make their feel- have had our classified briefings. I have whelming. ings known. There has been thoughtful made sure Senators on our side—and I I urge my colleagues to vote for clo- discussion on both sides of the issue, know the administration has made ture. There will be times for and there might have been one or two sure Senators on both sides of the postcloture debate. We have bent over quorum calls the whole time because aisle—have had a chance to get brief- backward to make sure everybody had Senators have known, when you come ings at multiple opportunities. So Sen- an opportunity and will still have an to the floor, this will be your oppor- ators know what the issue is. We have opportunity to speak and even offer tunity to speak on this issue. seen, yesterday, Senators from both amendments. And there will be more time today. parties moving toward giving the With that, I yield the remainder of As I look at the schedule that was President the authority to do this job. my time to the Senator from Virginia, lined up through the diligent efforts of I hope we can get inspectors in there, who has done a magnificent job in fair- Senator WARNER, Senator MCCAIN, and that they can find the weapons of mass ly managing this legislation. Senator REID, we are going to have destruction, and they are destroyed. Mr. WARNER. I thank the leader. I votes on amendments—even amend- But I don’t trust Saddam Hussein. His appreciate very much the calm tone ments that would not be germaine record is clear. I think, once again, he with which he addresses this issue of a postcloture. There has been a real ef- will resist, he will agree, he will dis- rush to judgment. Regrettably, our col- fort to make sure Senator BYRD and semble. In the end, he will try to block league from Pennsylvania used those Senators LEVIN, DURBIN, BOXER, and this. You can always hope and pray we terms. I was reminded of being here others have an opportunity to offer will find a solution here. last Friday afternoon for 5 1⁄2 hours. amendments and make their case. We The President of the United States What a memorable opportunity it was will have five votes between now and has listened to the American people, to with my distinguished colleague from approximately 4 o’clock this afternoon. the Congress, to the U.N, and our al- West Virginia. Senator KENNEDY and Mr. President, I remember the dis- lies. The President came to the Con- Senator DODD joined in. I think we cussion back in 1991 on the Persian gress and said, yes, I want your input. went about a very constructive debate

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10240 CONGRESSIONAL RECORD — SENATE October 10, 2002 and exchanged our views. Senator vote for this resolution as not an act of It is 11 years since the no-fly zones BYRD and I debated again on Monday, war. It is an act to deter war, to put in were first adopted and began to be en- Tuesday, and Wednesday. Here we are place the tools for our President and forced by American military personnel. on the fifth day. our Secretary of State to get the It is 9 years since the U.N. found Sad- Mr. President, this is not a rush to strongest possible resolution in the dam in ‘‘material breach of his inter- judgment. This is the Senate working United Nations. It is an act seen to national obligations.’’ diligently. Most of us were here close force, I repeat, the last option as our It is 9 years since Iraq under Saddam to 11 o’clock last night. In parallel, as President has said ever so clearly time Hussein attempted to assassinate the distinguished leader said—I re- and again. It is an act to deter war to former President Bush. member it so well—the period of Janu- make the last option the use of force. It is 6 years since Saddam crushed ary 10 through 12, when a resolution, I yield the floor. Kurdish and Shi’a resistance to his re- again drawn up by my colleague from Mr. DASCHLE. Mr. President, I yield gime. Connecticut, the principal sponsor this 5 minutes of my time to the Senator It is 4 years since Saddam ejected in- time, at that time I was the principal from Connecticut. spectors and President Clinton ordered sponsor. It was carefully debated. The Mr. LIEBERMAN. Mr. President, I Operation Desert Fox, an air campaign Senate is doing its job and doing it thank the majority leader for his gra- against Iraq in response to this act. well. We have had a very good debate cious yielding of time. I thank him for It is 4 years since this Senate called and we will complete that debate here more than that. I thank him for his for the indictment of Saddam as a war today, tomorrow, or whatever the case leadership in this matter of how the criminal. may be. Senate should proceed with regard to It is 4 years since the Senate found I wish to draw the attention of the Iraq, and I thank him specifically for Iraq in breach of international obliga- Senate to the last vote—a very strong the work that he and his staff did in tions and authorized the President to vote, not against our colleague from negotiations with the White House and take ‘‘appropriate action in accordance West Virginia. But I thought, as he with Members of the House to get this with the Constitution and relevant mentioned the Gulf of Tonkin, how ap- resolution to where it is where I am laws of the United States to bring Iraq propriate it was that in the leader’s confident it can and will enjoy broad into compliance with its international chair, Senator MCCAIN, my partner bipartisan support. obligation.’’ who is working diligently with me on There will be time for debate later in It is 4 years since Congress passed this side, spoke very softly of his expe- the day about the relevance of this res- and President Clinton signed the Iraq rience. I don’t know of anyone in this olution, about the extent to which I am Liberation Act. Chamber more qualified than he to confident it is clearly within our con- It is more than 1 year since we were speak to that period, and the relevance stitutional authority under article I. I attacked by terrorists on September 11, of that resolution. I was Secretary of have comparisons to other declarations 2001, showing us the risks of inaction the Navy for 5 years, and Under Sec- of war and authorizations of military against those who would arm and retary during that period of time, and action, that is, if anything, more spe- threaten us. we remember well that period. cific than most. It is 1 month since the President of I wish to talk about the President of I am inspired by Senator BYRD’s ref- the United States challenged the the United States. As I look upon this erence to Nathan Hale. Nathan Hale United Nations to act against this situation and listen to the debate, I was not only a son of Connecticut, but international lawbreaker. think we are of a mind, all 100 of us, of a Yale man. For my entire freshman It is 8 days since we started the de- the seriousness of these weapons of year, I walked by an inspiring statue of bate on this resolution in the Senate; mass destruction. We may have a dif- Nathan Hale. I read about him. I stud- excluding the Sabbath, 6 days. The ference of conscience as to the level of ied him. I cannot say I knew him per- Lord made Heaven and Earth in 6 days. threat posed perhaps today, tomorrow, sonally, but I feel as if I knew Nathan It is time now for us to come to a con- in the future, but it is there. This is no Hale, who was remembered for saying: clusion. question. ‘‘I regret I have only one life to give for Is it time? Are we ready to act? I I stop to think that the United Na- my country.’’ think the record shows we are ready to tions has done nothing for 4 years. Nathan Hale was a patriot, and he act. They have not sought to enforce the was prepared to give his life for the se- I thank the Chair, and I yield the resolutions, 16 in number. It has been curity and freedom of his country. I am floor. this President, President George Bush, absolutely confident that if Nathan The PRESIDING OFFICER. The ma- who has taken the initiative to go not Hale were in the Senate of the United jority leader is recognized. only to the American people, but to the States today, he would not only be co- Mr. DASCHLE. Mr. President, if I whole world, and very carefully and sponsoring this resolution, he would be need additional time, I will take it methodically tell the world we should impatient to have the talking stop and from my Senate leader allocation for be on alert; we cannot do nothing. We the action begin. the day. should join as a community of nations Is it time? Are we ready? Time is The Senate is now engaged in one of to address it. He said that at the what it is about. the most consequential debates ad- United Nations very brilliantly. I think It is 12 years since Iraq invaded Ku- dressed in this Chamber for many everyone in this body respects him. wait and threatened to invade Saudi years. We are confronting the grave As we are debating today, another Arabia and thereby showed that all issues of war and peace. We are consid- debate is taking place in the U.N. To that Saddam Hussein had been saying ering how the United States should re- the extent this resolution remains about wanting to make Baghdad the spond to a murderous dictator who has strong as it is now is the extent to capital of the Arab world and dominate shown he will be bound neither by con- which we can expect an equal and per- the Arab world was not just talk; he science nor by the laws or principles of haps even stronger statement of re- was prepared to act on it. civilized nations. And we are contem- solve by the United Nations to fulfill It is 12 years since U.N. Resolution plating whether and under what condi- its mandate, to fulfill its charter. 678 authorizing the use of force against tions the Congress should authorize the The League of Nations failed to act Iraq. preemptive use of American military at a critical time in the history of this It is 11 years since the congressional power to remove the threat that he Nation, and it went into the dustbin of authorization for Desert Storm and the poses. history. The United Nations will not go triumphant brilliant effort of our mili- These questions go directly to who into the dustbin of history. I am con- tary in Desert Storm. we are as a nation. How we answer fident that this time they will stand It is 11 years since Saddam asked for them will have a profound consequence up, that they will devise a 17th resolu- a cease-fire and accepted the inspec- for our Nation, for our allies, for the tion. tion regime as part of that cease-fire war on terror, and perhaps most impor- I look upon the action by the Senate on which he has never followed through tantly, for the men and women in our today in voting a strong bipartisan and complied. Armed Forces who could be called to

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10241 risk their lives because of our deci- is Congress that authorizes the use of by uniting the world we can increase sions. force, and for requesting a resolution the world’s chances of succeeding in There is no question that Saddam providing such authority. this effort and reduce both the risks Hussein is a dangerous man who has I applaud my colleagues, Democrats and the costs America may have to done barbaric things. He has invaded and Republicans in the House and in bear. With this resolution, we are giv- neighbors, supported terrorists, re- the Senate, for the improvements they ing the President extraordinary au- pressed and murdered his own people. have made to the administration’s thority. How he exercises that author- Over the last several months, as the original resolution. Four changes were ity will determine how successful any world has sought to calm the violence especially critical. action in Iraq might be. between Israelis and Palestinians, Iraq First, instead of giving the President In 1991, by the time the President’s has tried to inflame the situation by broad and unfocused authorization to father sought congressional support to speaking against the very existence of take action in the region, as the ad- use force against Iraq, he had secured Israel and encouraging suicide bombers ministration originally sought, this pledges of military cooperation from in Gaza and the West Bank. resolution focuses specifically on the nearly 40 nations and statements of Saddam Hussein has stockpiled, threat posed by Iraq. It no longer au- support from scores of others. He had weaponized and used chemical and bio- thorizes, nor should it be used to jus- already secured the backing of the logical weapons, and he has made no tify, the use of force against other na- United Nations, and he had already de- secret of his desire to acquire nuclear tions, organizations, or individuals veloped a clear plan of action. In as- weapons. He has ignored international that the President may believe threat- sembling that coalition, the legitimacy agreements and frustrated the efforts en peace and stability in the Persian of our cause was affirmed, regional sta- of international inspectors, and his am- Gulf region. It is a strong and focused bility was maintained, the risks to our bitions today are as unrelenting as response to a specific threat. It is not soldiers were lessened, America’s bur- they have ever been. a template or model for any other situ- den was reduced, and perhaps most im- As a condition of the truce that ation. portantly, Iraq was isolated. ended the gulf war, Saddam Hussein Second, the resolution expresses the At this point, we have done none of agreed to eliminate Iraq’s nuclear, bio- deep conviction of this Congress and of those things. That is why, unlike in logical, and chemical weapons and to the American people that President 1991, our vote on this resolution should abandon all efforts to develop or de- Bush should continue to work through be seen as the beginning of a process, liver such weapons. That agreement is the United Nations Security Council in not the end. For our efforts in Iraq to spelled out in U.N. Security Council order to secure Iraqi compliance with succeed, the President must continue Resolution 687. Iraq has never complied U.N. resolutions. Unfettered inspec- to consult with Congress and work with the resolution. tions may or may not lead to Iraqi dis- hard to build a global coalition. That is For the first 7 years after the gulf armament, but whether they succeed not capitulation, it is leadership. And war, it tried to deceive U.N. weapons or fail, the effort we expend in seeking it is essential. inspectors, block their access to key inspections will make it easier for the In my view, there are five other cru- sites, and make it impossible for them President to assemble a global coali- cial steps the administration must to do their jobs. tion against Saddam should military take before any final decision on the Finally, in October of 1998, the U.N. action eventually be needed. use of force in Iraq is made. First and was left with no choice but to with- Third, this resolution makes it clear foremost, the President needs to be draw its inspectors from Iraq. As a re- that before the President can use force honest with the American people, not sult, we do not know exactly what is in Iraq, he must certify to the Congress only about the benefits of action now in Iraq’s arsenal. We do know Iraq that diplomacy has failed, that further against Iraq but also about the risks has weaponized thousands of gallons of diplomatic efforts alone cannot protect and the costs of such action. We are no anthrax and other deadly biological America’s national security interests, longer talking about driving Saddam agents. We know Iraq maintains stock- nor can they lead to enforcement of the Hussein back to within his borders, we piles of some of the world’s deadliest U.N. Security Council resolutions. are talking about driving him from chemical weapons, including VX, sarin, Fourth, this resolution protects the power. That is a much more difficult and mustard gas. We know Iraq is de- balance of power by requiring the and complicated goal. veloping deadlier ways to deliver these President to comply with the War Pow- There was a story in this past Sun- horrible weapons, including unmanned ers Act and to report to Congress at day’s Philadelphia Inquirer that top of- drones and long-range ballistic mis- least every 60 days on matters relevant ficials in the administration ‘‘have ex- siles. And we know Saddam Hussein is to this resolution. aggerated the degree of allied support committed to one day possessing nu- This resolution gives the President for a war in Iraq.’’ The story goes on to clear weapons. the authority he needs to confront the say that others in the administration If that should happen, instead of sim- threat posed by Iraq. It is fundamen- ‘‘are rankled by what they charge is a ply bullying the gulf region, he could tally different and a better resolution tendency’’ by some in the administra- dominate it. Instead of threatening than the one the President sent to us. tion ‘‘to gloss over the unpleasant re- only his neighbors, he could become a It is neither a Democratic resolution alities’’ of a potential war with Iraq. grave threat to U.S. security and to nor a Republican resolution. It is now A report in yesterday’s Washington global security. a statement of American resolve and Post suggests ‘‘an increasing number of The threat posed by Saddam Hussein values. It is more respectful of our Con- intelligence officials, including former may not be imminent, but it is real, it stitution, more reflective of our under- and current intelligence agency em- is growing, and it cannot be ignored. standing that we need to work with our ployees, are concerned the agency is Despite that, like many Americans, I allies in this effort, and more in keep- tailoring its public stance to fit the ad- was concerned by the way the adminis- ing with our strong belief that force ministration’s views.’’ tration first proposed to deal with that must be a last resort, not a first re- I do not know whether these reports threat. The President’s desire to wage sponse. are accurate. We do know from our own war alone, without the support of our Because this resolution is improved, national experience, however, that pub- allies and without authorization from because I believe Saddam Hussein rep- lic support for military action can Congress, was wrong. Many of us, resents a real threat, and because I be- evaporate quickly if the American peo- Democrats and Republicans, made it lieve it is important for America to ple come to believe they have not been clear that such unilateralism was not speak with one voice at this critical given all of the facts. If that should in our Nation’s best interest. I now moment, I will vote to give the Presi- happen, no resolution Congress might commend the administration for dent the authority he needs, but I re- pass will be able to unify our Nation. changing its approach and acknowl- spect those who reach different conclu- The American people expect, and suc- edging the importance of working with sions. For me, the deciding factor is cess demands, that they be told both our allies. I also commend it for recog- my belief that a united Congress will the benefits and the risks involved in nizing that under our Constitution, it help the President unite the world, and any action against Iraq.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10242 CONGRESSIONAL RECORD — SENATE October 10, 2002 Second, we need to make clear to the reasonable effort to secure a U.N. reso- On one point, however, I have no world that the reason we would use lution just as we did in 1991. With U.N. question. I believe deeply and abso- force in Iraq is to remove Saddam Hus- support, we can count a number of lutely in the courage, the skill, and the sein’s weapons of mass destruction. I Arab countries as full allies. Without devotion of our men and women in uni- would have preferred if this goal had U.N. support, we cannot even count on form. I know that if it becomes nec- been made explicit in this resolution. their airspace. We expect, and success essary for them to stand in harm’s way However, it is clear from this debate demands, that any action we take in to protect America, they will do so that Saddam’s weapons of mass de- Iraq will make the region more stable, with pride and without hesitation and struction are the principal threat to not less. they will succeed. They are the finest the United States and the only threat Fifth, and finally, we cannot allow a fighting force the world has ever that would justify the use of the war in Iraq to jeopardize the war on known. For their sake, for the sake of United States military force against terrorism. We are fighting terrorist or- all Americans, for the world’s sake, we Iraq. It is the threat that the President ganizations with global networks, and must confront Saddam Hussein. But we cited repeatedly in his speech to the we need partners around the globe. must do so in a way that avoids mak- American people on Monday night. It Some, including the chairman of the ing a dangerous situation even worse. may also be the only threat that can President’s own Foreign Intelligence I yield the floor. rally the world to support our efforts. Advisory Board, doubt we can count on The PRESIDING OFFICER (Mr. Therefore, we expect, and success de- this continued cooperation in the war JOHNSON). The Senator from Virginia. mands, that the administration not on terror if we go to war against Iraq. Mr. WARNER. Mr. President, I con- lose sight of this essential mission. I do not know if that is true. I do know, gratulate the distinguished majority Third, we need to prepare for what however, that the military intelligence leader for a very powerful and very might happen in Iraq after Saddam and political cooperation we receive clear statement. I, too, join you in say- Hussein. Regime change is an easy ex- from nations throughout the world are ing that it is our responsibility to ask pression for a difficult job. One thing critical to the war on terrorism. questions. Questions have been asked we have learned from our action in Af- Saddam Hussein may yet target throughout this debate. As best we can, ghanistan is that it is easier to topple America. Al-Qaida already has. The we answered them. illegitimate regimes than it is to build American people expect, and our na- But I think the distinguished leader legitimate democracies. We will need tional security demands, that the ad- has provided very helpful guidance in to do much better in post-Saddam Iraq ministration make plans to ensure that the uncertain days, months, and per- than the administration has done so any action we take in Iraq does not dis- haps years to come. I commend you. As far in post-Taliban Afghanistan. Iraq is tract or detract from the war on terror. one of the cosponsors, I welcome your driven by religious and ethnic dif- If they fail to do so, any victory we win strong support. ferences and demoralized by a repres- in Iraq will come at a terrible cost. Mr. DASCHLE. I thank the Senator sive government and crushing poverty. On Monday night in his speech to the from Virginia for his kind words. It has no experience with democracy. Nation, the President said: The situa- Mr. BYRD. Will the Senator yield to History tells us it is not enough merely tion could hardly get worse for world me? to hope that well-intentioned leaders security and the people of Iraq. Mr. DASCHLE. I am happy to yield. will rise to fill the void that the depar- Yes, it can. If the administration at- Mr. BYRD. Mr. President, I congratu- ture of Saddam Hussein would leave. tempts to use the authority in this res- late our leader. I congratulate him not We must help create the conditions olution without doing the work that is only for his statement today, but I con- under which such a leader can arise required before and after military ac- gratulate him on refusing to stand and govern. Unless we want to risk see- tion in Iraq, the situation there and with other leaders of my party on the ing Iraq go from bad to worse, we must elsewhere can indeed get worse. We White House lawn. He has shown lead- help the Iraqi people build their polit- could see more turmoil in the Persian ership. He has kept himself apart, kept ical and economic institutions after Gulf, not less. We could see more blood- himself in a position to make deci- Saddam. That could take many years shed in the Middle East, not less. sions. He hasn’t rushed, pell-mell, to and many billions of dollars, which is Americans could find themselves more shake this piece of rag. He has done another reason we must build a global vulnerable to terrorist attacks, not what leaders should do. He has stood coalition. The American people expect, less. aside and waited, helped to advise us and success demands, that we plan for So I stress again, this resolution rep- and counsel with us. He is the one lead- stability and for economic and polit- resents a beginning, not an end. If we er on this Hill in my party who didn’t ical progress in Iraq after Saddam. are going to make America and the rush to judgment on this blank check Fourth, we need to minimize the world safer, much more work needs to that we are giving the President of the chances that any action we may take be done before the force authorized in United States. I thank him. I congratu- in Iraq will destabilize the region. this document is used. late him. I shall always praise him for Throughout the Persian Gulf, there are Some people think it is wrong to ask that. extremists who would like nothing questions or raise concerns when the Mr. DASCHLE. Mr. President, I more than to transform a confronta- President says our national security is thank the distinguished Senator from tion with Iraq into a wider war beat risk. They believe it is an act of dis- West Virginia for his kind words and tween the Arab world and Israel or the loyalty. I disagree. In America, asking for his understanding and appreciation Arab world and the West. What hap- questions is an act of patriotism. For for the difficulties we face in this body pens if, by acting in Iraq, we under- those of us who have been entrusted by as we make these momentous deci- mine the government in Jordan, a crit- our fellow citizens to serve in this Sen- sions. ical ally and a strategic buffer between ate, asking questions is more than a Mr. WARNER. Mr. President, regular Iraq and Israel? What happens if we de- privilege, it is a constitutional respon- order. stabilize Pakistan and empower Is- sibility. Mr. LEAHY addressed the Chair. lamic fundamentalists? Unlike Iraq, The American people have serious CLOTURE MOTION Pakistan already has nuclear weapons questions about the course of action on The PRESIDING OFFICER. The reg- and the means to deliver. What hap- which this resolution could set us. ular order has been called for. pens if that arsenal falls into the hands Given the gravity of the issues in- Under the previous order, pursuant to of al-Qaida or other extremists? volved and the far-reaching con- rule XXII, the Chair lays before the We can tell the Arab world this is not sequences of this course, it is essential Senate the pending cloture motion, a fight between their nations and ours. that their questions are answered. I which the clerk will report. But a far better way to maintain sta- support this resolution. And for the The legislative clerk read as follows: bility in the gulf is to demonstrate sake of the American people, especially CLOTURE MOTION that by building a global coalition to those who will be called to defend our We, the undersigned Senators, in accord- confront Saddam Hussein. That is why Nation, we must continue to ask ques- ance with the provisions of rule XXII of the the administration must make every tions. Standing Rules of the Senate, hereby move

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10243 to bring to a close debate on the Lieberman- Mr. REID. Mr. President, I did not decisions about the life or death of Warner amendment to S.J. Res. 45: see the Senator from Minnesota in the Americans fighting on our behalf, deci- Thomas Daschle, Bill Nelson, Joseph Lie- Chamber. It is my understanding he sions about the survival of the existing berman, Evan Bayh, Harry Reid, Pete Domenici, Joseph Biden, Patty Murray, Jay now wants to proceed with his 15 min- world order and even possibly the sur- Rockefeller, Larry E. Craig, Trent Lott, utes. vival of our world as we know it, there John Warner, John McCain, Jesse Helms, The PRESIDING OFFICER. The Sen- are no justifications for political cal- Craig Thomas, Don Nickles, Frank H. Mur- ator from Minnesota. culation or personal convenience. kowski. Mr. DAYTON. Mr. President, I ask There should be only one consider- The PRESIDING OFFICER. By unan- unanimous consent that I be added as ation, and that is to do what is right imous consent, the mandatory quorum an original cosponsor of Senator for the country, as God gives each of us call under the rule is waived. BYRD’s amendment. to see that right. The question is, Is it the sense of the The PRESIDING OFFICER. Without Yet S.J. Res. 46 preapproves any deci- Senate that debate on amendment No. objection, it is so ordered. sion by the President of the United 4856, as modified, to S.J. Res. 45, a joint Mr. DAYTON. Mr. President, I rise to States to commit this Nation to war at resolution to authorize the use of support this amendment by the great some time in the future, with U.N. sup- United States Armed Forces against senior Senator from West Virginia. It port or without it—unilaterally, bilat- Iraq, shall be brought to a close? closely parallels an amendment which erally, multilaterally, preventatively, The yeas and nays are required under I filed and which, unfortunately, now preemptively. Even other amendments the rule. that the Senate has made its deter- that I will support, which have the best The clerk will call the roll. mination to limit the amount of time of intentions, fall into this trap: What The senior assistant bill clerk called and debate on this historic decision, I do you do when you are preapproving a the roll. will not be bringing to the Senate for a war? Put a limit on this but not for The yeas and nays resulted—yeas 75, vote. that; if this; if that. However, it is very nays, 25, as follows: A decision to rush to judgment on hard to forecast events of this mag- [Rollcall Vote No. 233 Leg.] this matter has now been made by the nitude. YEAS—75 Senate. I won’t belabor the point ex- There is no need for us to try to do Allard Ensign McConnell cept to say that in January of 1998, so. There are no good reasons for us to Allen Enzi Mikulski after Saddam Hussein had bounced Baucus Feinstein Miller do so, except the need to preapprove Bayh Fitzgerald Murkowski U.N. inspectors out of Iraq, the Senate something and then go home. Bennett Frist Nelson (FL) took 5 months to consider and finally If we don’t vote for the final resolu- Biden Graham Nelson (NE) approve a resolution which did not tion, we will be accused of not sup- Bond Gramm Nickles Breaux Grassley Reed even authorize President Clinton to use porting the President, of not speaking Brownback Gregg Reid force. In October, 1998, the Senate with one voice to Saddam Hussein, to Bunning Hagel Roberts passes another resolution which again the United Nations, and to the world. Burns Harkin Rockefeller did not authorize the President of the Those are very serious accusations, Campbell Hatch Santorum Cantwell Helms Schumer United States to use force. that you don’t support the President of Carnahan Hutchinson Sessions In 1990, the Senate took 5 months the United States. I do support the Cleland Hutchison Shelby after Saddam Hussein invaded Kuwait, President. He is my President. He is Clinton Inhofe Smith (NH) and that resolution was passed just Cochran Johnson Smith (OR) our President. I pray he will make the Collins Kerry Snowe days before President Bush committed right decisions and get the credit. I Craig Kyl Stevens this Nation to its first military engage- pray he won’t make the wrong deci- Crapo Landrieu Thomas ment in the Persian Gulf war. sions and get the blame. Daschle Lieberman Thompson DeWine Lincoln Thurmond We have had a number of very valu- But when I am asked to support this Domenici Lott Torricelli able hearings in the Senate Armed President, or any President, I need to Dorgan Lugar Voinovich Services Committee in the last weeks. understand what it is exactly that he Edwards McCain Warner I asked one panel of recently retired wants us to do, what he intends for us NAYS—25 generals, three of whom were directly to support. This President, as I under- Akaka Dodd Levin involved in the Persian Gulf war, stood his speech last Monday, is cer- Bingaman Durbin Murray whether the absence of a Congressional tainly not asking the Congress to de- Boxer Feingold Sarbanes resolution or declaration of war had in clare war on Iraq today. He is wisely Byrd Hollings Specter Carper Inouye Stabenow any way prevented or impeded that reserving that judgment. Why wouldn’t Chafee Jeffords Wellstone military buildup preparatory to the en- we exercise the same wisdom? Conrad Kennedy Wyden gagement in January of 1991. They The situation, as we have seen in the Corzine Kohl Dayton Leahy said, no, it did not. So I don’t under- last weeks, is inherently fluid. New stand why, from any consideration— facts become known; old facts even The PRESIDING OFFICER. On this military, diplomatic, or constitu- change. I support the President’s re- vote, the yeas are 75, the nays are 25. tional—we should be voting and rush- serving judgment until after the Three-fifths of the Senators duly cho- ing to this judgment this weekend, but United Nations decision, until it at- sen and sworn having voted in the af- we will. tempts to force Saddam Hussein’s com- firmative, the motion is agreed to. We will be voting on what? What is pliance, until we can determine the AMENDMENT NO. 4868 it, S.J. Res. 46, that we are actually outcome of those efforts. During those Under the previous order, there will voting upon? It is a preapproval of critical days or weeks ahead, I will be now be 60 minutes of debate on the whatever the President of the United around. I will be available at any time, Byrd amendment No. 4868. States decides to do whenever. It is a Who yields time? day or night, whenever, to participate Mr. REID. Mr. President, I suggest vote for euphemisms such as ‘‘to use back here on the Senate floor in this the absence of a quorum and ask unani- force’’ or ‘‘as he determines to be nec- momentous decision. All of us in this mous consent that the time run equal- essary.’’ Why? Why are we rushing to Chamber and in the House could be ly during the quorum call. this judgment at this time? So we can here within hours, should be, and would The PRESIDING OFFICER. Without adjourn in the next few days and go be if we were called upon to do so, objection, it is so ordered. home until next January, or until we whenever the President or this Con- The clerk will call the roll. decide whether the outcome of the No- gress believed that a decision to com- The legislative clerk proceeded to vember election will aid or impair our mit this Nation to war must be made. call the roll. own political agendas? As the President said Monday night, Mr. REID. Mr. President, I ask unan- Some of those concerns might seem the time before that decision is lim- imous consent that the order for the justified, particularly as they relate to ited. But the time for that decision is quorum call be rescinded. our own domestic concerns. But for de- not now. The PRESIDING OFFICER. Without cisions of war or peace, decisions about Another reason to follow this pro- objection, it is so ordered. what is right for our national security, tocol, the reason for my amendment,

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10244 CONGRESSIONAL RECORD — SENATE October 10, 2002 the reason I support Senator BYRD’s those Americans will die too young, to respond to a couple of the state- amendment, is that it is what the Con- and others will suffer horrible wounds ments made by the junior Senator from stitution of the United States requires lasting for lifetimes. Iraqi children and Minnesota. I don’t think they are actu- Congress to do—either declare war or their families will be destroyed in their ally correct in categorizing what hap- not. It says right in that book—I don’t own homes, schools, and mosques. The pened in 1998. I believe I heard him say carry it with me quite as faithfully as rest of the world will judge that deci- then we were very deliberative and the the great Senator from West Virginia, sion and its consequences, which they resolution we passed did not authorize but I do happen to have my copy could not escape. the use of force. Well, I will show you today—Congress shall declare war. We will read about it in the news- what we did in 1998. That is about as clear and unambig- papers. We will watch its manifesta- In 1998, Saddam Hussein had continuous a statement as could be made. tions on television. We will probably ued his defiance of the U.N. He had not There are important reasons that attempt to share the credit if it turns complied with any of the 16 resolu- Congress was given, and only Congress out well, and avoid the blame if, God tions. So the U.S. passed a resolution was given, that authority and that re- forbid, it doesn’t. We will talk about saying he should comply, Public Law sponsibility. Because it was considered that decision. We might even hold 105–235, on August 14th. But the delib- by our Founders to be essential to the hearings on it, but we won’t assemble erative portion was introduced before system of checks and balances upon in this Chamber where previous Sen- the Senate on July 31, 1998—placed on which this Republic depends. ates once voted declarations of war, the calendar July 27, measure laid be- James Madison wrote a letter to but not since World War II. fore the Senate on July 31—and it Thomas Jefferson in 1798, less than a Mr. President, these decisions are passed the Senate with an amendment decade after the Constitution’s ratifi- ones we will live with for our lifetimes. by unanimous consent. So it passed in cation, in which he said: They should not be made in these cir- one day. I don’t remember the number The Constitution supposes, what the His- cumstances. We should follow the guid- of hours spent in debate, but it wasn’t tory of all Governments demonstrates, that ance we have seen evident from the a lot. To say we spent months delib- the Executive is the branch of power most changes in the administration’s views erating it is not accurate. The fact is interested in war, & most prone to it. It has, over the last weeks. I support and ap- we passed it in one day. And then to accordingly, with studied care, vested the plaud those changing perspectives. I re- say it had no authorization for force, I question of war in the Legislature. But the spect a leader who can listen and learn, don’t believe is actually correct either. Doctrines lately advanced strike at the root then adjust his views and decisions ac- If you look at the resolved section—I of all these provisions, and will deposit the cordingly. I believe the wise counsel put the 1998 resolution in the calendar peace of the Country in that Department from Members of this body—Repub- which the Constitution distrusts as most because I think it is important. It goes ready without cause to renounce it. For if licans, Democrats, and Independents— through several items of noncompli- the opinion of the President, not the facts & has been an important part of that ance by Iraq. Basically, we are saying proofs themselves, are to sway the judgment process. I believe the American people, we should force or compel Iraq to com- of Congress in declaring war, and if the the collective wisdom of our fellow ply. The resolved section says: President in the recess of Congress create a citizens, who overwhelmingly support . . . the United States of America and Con- foreign mission, appoint the minister, & the President, who overwhelmingly be- gress assembled, find the government of Iraq negociate [sic] a War Treaty, without the lieve the President should consult with in a material and unacceptable breach of its possibility of a check even from the Senate, this body, who overwhelmingly believe international obligations, and therefore the . . . it is evident that the people are cheated the U.S. should act in concert with the President is urged to take appropriate action out of the best ingredients of their Govern- in accordance with the Constitution and rel- ment, the safeguards of peace which is the U.N. and other nations of the world, and not alone, unilaterally, preemp- evant laws of the United States to bring Iraq greatest of their blessings. into compliance with international obliga- tively. I believe those public judg- The subsequent 204 years have dem- tions. ments, as we all manage to view them, onstrated many times the wisdom and I believe in the appropriate action probably daily in polling documents, foresight of our Constitution. Its prin- Congress was saying with a united have had enormous influence on the de- ciples should give special pause to this voice: Take military action, if nec- cisions that are going to be made. body when being admonished by the We owe it to our responsibilities to essary, to get Saddam Hussein to com- President, by any President, not to what is best for this country; we owe it ply with the U.N. resolution. That is ‘‘tie my hands.’’ Those words indicate a to the brave men and women who will what this resolution stated. We passed regrettable lack of regard for Congress have to carry out those decisions, to it unanimously. We also passed, in 1998, and for our constitutional standing as make them when they must be made, the Iraqi Liberation Act. This act did a coequal branch of Government. Our on the basis of the best, most current, not authorize any additional military Nation’s Founders darn well wanted to and most complete information pos- force. That is correct with this act, but tie a President’s hands. sible—knowing, even then, that we will not with Public Law 105–235. When someone says we didn’t author- Thomas Jefferson wrote: still not have the certainty, clarity, ize force in 1998—yes, we did. The Iraqi In questions of power, then, let no more be foresight we would wish to have. heard of confidence in man, but bind him That is the wisdom of the Constitu- Liberation Act didn’t have an author- down from mischief by the chains of the Con- tion. That is the wisdom of Senator ization of force, but it did include a stitution. BYRD’s amendment. That is, I believe, change of regime. It said Saddam Hus- Those words are meant to apply to the wisdom of the amendment I would sein should go. Again, we spoke with a this President, to any President. Ex- have brought forth, which says simply united voice. We passed that by a voice cept in matters of war and peace? Espe- the Congress shall go back to following vote. I might mention this to my col- cially in matters of war and peace. I the Constitution of the United States. leagues. In the House, it passed by 360– would say this, the Constitution’s wis- The reasons for that document’s deci- 38. In the Senate, we received it from dom has a very valuable perspective on sions are as valid today as they were the House on October 6 and passed it in the pressures and perils we face in this 213 years ago, and maybe some day—it the Senate on October 7. We passed it body today. Not only the perils in con- will not be this week but soon, this by unanimous consent. We passed it fronting a dangerous dictator, as we body will review the decision not to without objection. must, but also the perils in how we de- follow its dictates and return to it. I This resolution says it should be the cide to do so. look forward to that and, hopefully, policy of the U.S. to have a regime Some might prefer to avoid the mo- Senator BYRD will be on the floor that change. That became the law of the mentous decision the Constitution as- day, as he deserves to be when that de- land. It passed unanimously in the Sen- signs us whether or not to declare war. cision is made. ate with an overwhelming vote in the Whether or not to send Americans into I yield the floor. House. Then, the earlier resolution battle halfway around the world, where The PRESIDING OFFICER. Who that passed on August 14 said the they would likely encounter the chem- yields time? President is urged to take appropriate ical or biological weapons we rightfully Mr. NICKLES. Mr. President, I yield action to compel compliance with ex- seek to spare this country. Some of myself 5 minutes. Mr. President, I wish isting U.N. resolutions. That was a

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10245 strong, united voice. Congress spoke Mr. President, I ask unanimous con- think that you would need a statute to together, overwhelmingly. It was not sent that Senator DAYTON’s name be say the Constitution governs. However, unanimous in the House, but it was added as a cosponsor of my amend- I have expressed on the floor of the unanimous in the Senate. Both of these ment. Senate my concern of the constitu- resolutions passed in one day. The PRESIDING OFFICER. Without tionality of the delegation of authority So for people who are saying we objection, it is so ordered. to the President here. haven’t been deliberative enough, and Mr. DAYTON. I thank the Senator Congress has the authority to declare what is the consequence of this—what from West Virginia. war. The authorization for the use of has changed? This Congress, Democrats Mr. President, the opinion stated its force is a practical equivalent. What and Republicans, this Senate unani- judgment that since the document in we are doing is saying the President mously told President Clinton to com- 1998 urged the President to follow the may decide when to use that force and, pel compliance. Also, we stated it was actions which the Senator from Okla- in effect, decide when the war will the public policy of Congress to have a homa has accurately described, it did start, or really to make a determina- regime change in Iraq. I want to clarify not constitute an authorization under tion as to when war is declared. So I the RECORD and make sure we are fac- the War Powers Act. Furthermore, in think that it is important to have this tually accurate. the absence of any reference to author- sort of provision, although its impor- Congress spoke in a united fashion in ization under the War Powers Act, tance is hard to evaluate historically. 1998. It was proud to be part of that which the resolution before us today The second part of the pending then, and I am proud to be part of the contains, it did not provide that au- amendment of the Senator from West sponsorship of this resolution, which I thority. I thank the Chair. I yield back Virginia is: believe will also pass with a very time. . . . shall be construed as granting any au- strong voice—after much more exten- The PRESIDING OFFICER. Who thority to the President to use the United sive debate than we had in 1998. I thank yields time? States Armed Forces for any purpose not di- my friend for yielding me the time. Mr. BYRD. Mr. President, how much rectly related to a clear threat of imminent, Mr. DAYTON. Will the Senator yield time do I have? sudden, and direct attack upon the United for a question? The PRESIDING OFFICER. The Sen- States, its possessions, or territories, or the Armed Forces of the United States, unless Mr. MCCAIN. Not on our time. If the ator has 29 minutes 20 seconds. Senator from West Virginia would like the Congress of the United States otherwise Mr. BYRD. How many minutes? authorizes. to yield the Senator time, I would be The PRESIDING OFFICER. Twenty- The language of ‘‘clear threat of im- more than happy. nine. minent, sudden, and direct attack’’ has The PRESIDING OFFICER. The Mr. BYRD. I thank the Chair. Mr. been inserted in place of the language Chair advises the Senator from Min- President, I ask unanimous consent 1 ‘‘the existing threat posed by Iraq.’’ nesota that he has 1 ⁄2 minutes remain- that my time on this amendment not This does call for a more precise deter- ing. count against my hour under cloture. Mr. DAYTON. I will use that 11⁄2 min- mination of the need for preemptive The PRESIDING OFFICER. Is there utes to respond. I was not here when action, and I think is sound. Ulti- objection? those events occurred. I rely on the au- mately, it is not going to detract from Mr. MCCAIN. I object. the authority of the President because thorities and information available to The PRESIDING OFFICER. Objec- the resolution allows the President to me. I will note Senator LOTT was tion is heard. ‘‘use all means that he deems to be ap- quoted in several publications. On Feb- Mr. BYRD. This shows the patience propriate,’’ which is very broad author- ruary 12, the then-majority leader said: of a Senator. This clearly demonstrates ity. I had hoped that we could get to the point that the train is coming down on us where we can pass a resolution this week on The language of the pending Byrd like a Mack truck, and we are not even Iraq. But we really developed some physical amendment is consistent with one of going to consider a few extra minutes problems, if nothing else. . . . So we have de- the earliest articulations of the con- for this Senator. cided that the most important thing is not cept of self-defense. Secretary of State Mr. BYRD. Mr. President, I yield 5 to move so quickly, but to make sure that Daniel Webster in 1842, referring to we have had all the right questions asked minutes to my friend from Pennsyl- self-defense in an anticipatory sense, and answered and that we have available to vania. stated that its use be ‘‘confined to us the latest information about what is . . . Mr. MCCAIN. Mr. President, in def- cases in which the necessity of that happening with our allies in the world. erence—— He went on to say: Mr. BYRD. On the Senator’s time. self-defense is instant, overwhelming, and leaving no choice of means and no The Senate is known for its deliberative Mr. MCCAIN. On my time. In def- actions. And the longer I stay in the Senate, erence to the Senator from West Vir- moment of deliberation.’’ Hugo Grotius, considered the father the more I have learned to appreciate it. It ginia, on this one occasion, given all does help to give us time to think about the of international law, said in his 1925 the circumstances, I will not object to potential problems and the risks and rami- treatise that a nation may use self-de- it not counting against the Senator’s fications and to, frankly, press the adminis- fense in anticipation of attack when hour. tration. there is ‘‘present danger,’’ which is a The majority leader made that state- Mr. BYRD. Mr. President, I thank my friend. broader definition. Grotius further ment on the Senate floor on February said: 12. The resolution was passed and The PRESIDING OFFICER. Is there objection? Without objection, it is so It is lawful to kill him who is preparing to signed by President Clinton August 14, kill. 1998, 6 months later. ordered. Also, I am not a legal scholar, but in Mr. BYRD. Mr. President, I yield 5 Elihu Root, a distinguished scholar making my comments I cited the opin- minutes to the distinguished Senator on international law, said in 1914 that ion of counsel at the Library of Con- from Pennsylvania, Mr. SPECTER. international law did not require a na- gress and its Congressional Research Mr. SPECTER. Mr. President, I tion to wait to use force in self-defense Services. They opined—I realize law- thank the distinguished President pro ‘‘until it is too late to protect itself.’’ I think the language of the pending yers and others can disagree—— tempore for yielding me 5 minutes. The PRESIDING OFFICER. The Sen- I do support his amendment which amendment offered by the Senator ator’s time has expired. has two provisions. First: from West Virginia is helpful in pro- Mr. DAYTON. I ask for unanimous Nothing . . . is intended to alter the con- viding assurance that preemptive force consent that I have 30 seconds more to stitutional authorities of the Congress to de- is really necessary. We know President finish my remarks. clare war, grant letters of Marque and Re- Bush said he does not intend to use this Mr. MCCAIN. I object. prisal, or other authorities invested in Con- military force unless absolutely nec- The PRESIDING OFFICER. Objec- gress by Section 8, Article I of the Constitu- essary and has already made a deter- tion is heard. tion. mination that he thinks there is an im- Mr. BYRD. I yield the Senator 2 min- I think this provision is necessary, minent threat from Iraq. Some of the utes or whatever he needs. although customarily you would not information which has been presented,

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10246 CONGRESSIONAL RECORD — SENATE October 10, 2002 partly in closed session, supports the Mr. REID. No. That is the only one biguous. It is not contemporaneous President’s concern along that line, that—in fact, I said on the RECORD the with today’s question. It is ambiguous. but I do think this language is helpful. other was not agreed to. It is vague. What would that prove in a Therefore, I support it. Mr. BYRD. May I read the RECORD. It court if the Supreme Court of the I thank the Chair and yield the floor. is very short. United States were to take this up? The PRESIDING OFFICER (Mrs. Mr. REID. Mr. President, this has been What would those who read this piece CLINTON). The Senator from Arizona. cleared with the minority. Mr. President, on of junk maintain that this says? It is Mr. MCCAIN. Madam President, I behalf of Senator BYRD, I ask unanimous plain. The President is urged—well, wish to say very briefly that I under- consent to modify his amendment No. 4868 to what does that mean, ‘‘urged’’?—to remove paragraph 2, and further I ask con- stand people have a desire to speak. We take appropriate action. What is that? have a number of Senators who have sent to modify amendment No. 4869 to change references to section 3(a) to 4(a). That is not a declaration of war. What not spoken on this issue. It is already The PRESIDING OFFICER. Without objec- is that? What does that mean, ‘‘to take looking as if we may be here well into tion, it is so ordered. appropriate action’’? Well, you can this evening. From now on, I will be Mr. REID. I say to my friend from guess, I can guess, he can guess, he can adhering strictly to the rules according West Virginia, I had the paper here and guess. Anybody can guess. to postcloture. I hope my colleagues the clerk took that paper. Maybe they ‘‘Urges the President to take appro- will be understanding because we have made a mistake. But there is no ques- priate action in accordance with the to resolve this issue. tion in my mind whatsoever—as I told Constitution . . . .’’ Now, that is fine. I yield the floor. the Senator this morning when he It is in accordance with the Constitu- The PRESIDING OFFICER. Who came in—that the one had been ap- tion. Then that would say that Con- yields time? The Senator from West Virginia. proved, the other had not. gress has the power to declare war. Mr. BYRD. Madam President, I be- Mr. BYRD. Yes. The whip did tell me ‘‘In accordance with the Constitution lieve the distinguished Democratic that, but when I looked at the RECORD, and relevant laws of the United States, whip was able to get unanimous con- I saw, by the RECORD at least, it said to bring Iraq into compliance with its sent last night for my amendment No. that both requests were agreed to. I am international obligations.’’ What is he 4868 to be modified to remove para- not going to argue this point. I am supposed to do? What is the President going to take the distinguished whip’s graph 2. It so states in the CONGRES- being urged to do to bring Iraq into word, which is good for me at all times. SIONAL RECORD on page S10217; am I compliance with its international obli- Mr. REID. I say to my friend from correct? gations? Anybody’s guess. Why, surely The PRESIDING OFFICER. The West Virginia, I appreciate that very this great country of ours is not going much. In fact, there are a lot of things Chair believes the RECORD is in error to be able to launch a war on the basis and that only amendment No. 4869 was going on I may not be quite certain on, of that ambiguous and vague language. modified. but I am absolutely, unqualifiedly cer- I wish those who are continuing to Mr. BYRD. On what basis—Madam tain of what I did last night. refer to this Public Law 105–235 and the President, I hope this time is not being Mr. BYRD. Madam President, I have so-called relevant U.N. resolutions charged. We are trying to clarify some- absolute and complete faith in the in- would explain what they mean. I hear thing. tegrity of the distinguished Senator that over and over again. In connection The PRESIDING OFFICER. Without from Nevada, and I thank the Chair, with the resolution that is before this objection, it is so ordered. with the greatest of respect. I thank Senate today, it refers to all relevant Mr. BYRD. On what basis does the the Assistant Parliamentarian as well, U.N. Security Council resolutions. ‘‘All Chair maintain that the RECORD is in for whom I have the greatest respect. relevant . . . .’’ What does that mean? Madam President, how much time do error in that portion of the RECORD And they keep referring to 660 and 678 I have remaining? from which I read on page S10217? What and 687. I would like to discuss those The PRESIDING OFFICER. Twenty- is the basis for the Chair stating that resolutions with those who will do so. I three minutes. RECORD portion is in error? hope they come on the floor. Where are I do not question the integrity of the Mr. BYRD. On this amendment? The PRESIDING OFFICER. On this they? Where are these men of great Chair. I am only asking why does the strength? Let them come to the floor. Chair state—I know the Chair is being amendment, that is correct. Mr. BYRD. Madam President, a point I want to debate with them these so- advised to that effect—why are we to I want to make about this discussion called resolutions. say that this RECORD, as it is clearly that ensued after the statement was In this resolution that is before the written, is in error? made by the distinguished Senator Senate, S.J. Res. 46, it refers to rel- The PRESIDING OFFICER. The evant resolutions. They keep talking Chair is relying on the Journal of pro- from Minnesota: There were references made to Public Law 105–235, August 14, about the relevant resolutions. What ceedings. resolutions are they talking about en- Mr. BYRD. And what does the Jour- 1998. Here is the resolving clause which forcing? Are they talking about 660? nal say? has been quoted by the distinguished Are they talking about 678? No. 678 was The PRESIDING OFFICER. The Republican whip: adopted on November 29, 1990. Is that Journal indicates that only amend- Resolved by the Senate and House of Rep- what they are talking about? U.N. Res- ment No. 4869 was modified. resentatives of the United States of America Mr. BYRD. May I ask the distin- in Congress assembled, . . . . olution 687 was the enforcement resolu- That the government of Iraq is in material tion. That was the resolution that au- guished majority whip, is that state- and unacceptable breach of its international ment by the Chair in accordance with thorized the member states to act to obligations, and therefore the President is uphold Resolution No. 660. But that his understanding? urged to take appropriate action in accord- Mr. REID. I say to my friend from ance with the Constitution and relevant laws conferring of authorization was wiped West Virginia, I read directly from the of the United States, to bring Iraq into com- out. No. 678 was wiped out by 687 when paper that the Senator gave me. There pliance with its international obligations. Iraq contacted the Security Council were two unanimous consent requests Approved August 14, 1998. and accepted 687. It was wiped out. So on it. The one was not acceptable. The Well, so what? What does that prove? I am prepared to argue that. I do not other was, and I read that into the What does that prove? Somebody tell want to do it on my flimsy 1 hour, but RECORD. As I recall, it was changing me. Let’s read it again. The resolving I am prepared. section 4 to 3, or 3 to 4. That is what I clause says that the Government of I have heard the Senator from Con- submitted. Iraq is in material and unacceptable necticut—he is not in the Chamber Mr. BYRD. There were two requests, breach of its international obligations. right now, but he will be back. I have one changing the section numbers, and That is okay. But get this: And there- heard him and others refer to the so- I am sure that one was agreed to. fore the President is urged to take ap- called relevant resolutions. They have Mr. REID. Yes. propriate action. been wiped out. They are gone, and no Mr. BYRD. The other one, according What does that mean? There is noth- single member state can revive them. to this RECORD, was also agreed to. ing definitive about that. That is am- They were extinguished on April 6,

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10247 1991, when Iraq signified to the Secu- Mr. President, this week the Senate President’s power under the Constitu- rity Council that it accepted the terms is considering a very important resolution to repel sudden acts against the of 687. tion. The language of this resolution United States. And he has that power, Now we can talk about that at a later has been touted as a bipartisan com- to repel sudden, unforeseen attacks time. I would love to get into it. I promise that addresses the concerns of against the United States, against its would like to get into a discussion on both the White House and the Demo- possessions, its territories, and its that, but for now, suffice it to say, cratic leadership in Congress. But the Armed Forces. what I am saying is this resolution we only thing that I see being com- But they suggest he could also jus- are talking about would accept as fact promised in this resolution is this Con- tify military action whenever there is certain things that are not facts—this stitution of the United States, which I a high risk of a surprise attack. That blank check we have been talking hold in my hand, and the power that Constitution, how they would love to about that we are going to turn over to Constitution gives to Congress to de- stretch it to give this President that this President of the United States, the clare war. This resolution we are con- power which he does not have. Those power to determine when, where, how, sidering is a dangerous step toward a White House lawyers would have us be- and for how long he will use the mili- government in which one man at the lieve that the President has inde- tary forces of the United States. It is other end of this avenue holds in his pendent authority not only to repel at- flimsy. That resolution is full of holes. hand the power to use the world’s most tacks but to prevent them. How silly. The whereas clauses are full of holes. powerful military force in whatever You cannot find it in that Constitu- Now they have been wiped out by unan- manner he chooses, whenever he choos- tion. imous consent so they are no longer es, wherever he chooses, and wherever The White House wants to redefine ‘‘whereas’’ but ‘‘since.’’ It is flimsy. he perceives a threat against national the President’s implied power under Full of holes. Ambiguities. Statements security. the Constitution to repel sudden at- of facts that are not facts. I am ready The Bush administration has an- tacks, suggesting that the realities of to debate that at any time. nounced a new security doctrine that the modern world justify preemptive Mr. DURBIN. Will the Senator yield? advocates acting preemptively to head military action whenever there is a Mr. BYRD. I am happy to yield. off threats to U.S. national security. high risk of a surprise attack. What in Mr. DURBIN. I hope Members will Much has been said about the diplo- the world are they teaching in law carefully read this amendment by Sen- matic problem with this doctrine. But school these days? What are they ator BYRD. This amendment says two we should also recognize that the ad- teaching? I never heard of such as that things. One of these things should not ministration’s new approach to war when I was in law school. Of course I even be controversial. It asserts the may also pose serious problems for our had to go at night. I had to go 10 years constitutional authority of this Cham- own constitutional system. to get my law degree. In the national ber and the U.S. Congress to declare In the proposed use-of-force resolu- security strategy released last week, a war. The Senator and I have stood to- tion, the White House lawyers claim few days ago, the President argued—let gether on this floor. ‘‘the President has authority under the Mr. BYRD. Here it is, my Constitu- me tell you what the President ar- Constitution to use force in order to tion. gued—we must adapt the concept of Mr. DURBIN. I thought you might defend the national security interests imminent threat to the capabilities of have your Constitution with you. of the United States.’’ today’s adversary. Get that. The Senator and I have stood on the It says no such thing. I dare them to Defense Secretary Rumsfeld echoed floor and argued this point. Sometimes go to the Constitution and point out this sentiment when he told the Senate we did not fare so well. Keep in mind where that Constitution says what Armed Services Committee: I suggest there was a question at the beginning they say it said. They cannot do it. I that any who insist on perfect evidence of this debate about Iraq as to whether know the job of any good lawyer—I are back in the 20th century and still or not Congress would be engaged. have never been a practicing lawyer, thinking in pre-9/11 years. Some argued that the President had but I know the job of a good lawyer is What a profound statement that was. the authority of his father’s resolu- to craft legal interpretations that are How profound. Perhaps the Secretary tions. most beneficial to the client. But for of Defense ought to go back to law The second point made by Senator the life of me, I cannot find any basis school, too. I don’t believe he was BYRD in this resolution is one I hope for such a broad, expansive interpreta- taught that in law school. you will read carefully because I ad- tion in the interpretation of the Con- The President does not want to dress part of this in an amendment I stitution of the United States. Find it. shackle his new doctrine of 20th cen- will offer later. He establishes a stand- Show it to me. You can’t do it. tury ideas of war and security, much ard by which we would declare war. A Where in the Constitution is it writ- less any outdated notion from the 18th standard is stated clearly: A clear ten that the title of Commander in century about how this Republic threat of imminent, sudden, direct at- Chief carries with it the power to de- should go to war. The Bush administra- tack upon the United States, its pos- cide unilaterally whether to commit tion thinks the Constitution, with its sessions or territories, or the Armed the resources of the United States to inefficient separation of powers and its Forces. war? Show it to me, lawyers, lawyers cumbersome checks and balances— I hope Members of the Senate will of the White House, or lawyers in this they are cumbersome—has become an read that. If that is not a standard by body. Show it. anachronism in a world of inter- which we will measure whether this There is a dangerous agenda, believe national terrorism and weapons of Nation will dedicate its Armed Forces me, underlying these broad claims by mass destruction. and risk the lives of Americans in com- this White House. The President is hop- They say it is too old. This Constitu- bat and the lives of innocent victims, I ing to secure power under the Constitu- tion, which I hold in my hand, is an cannot imagine what we are going to tion that no President has ever claimed anachronism. It is too old. It was all debate. To take any other standard is before. Never. He wants the power—the right back in the 19th century. It was to take the power away from Congress Bush administration wants that Presi- all right in the 20th century. But we to declare war. This is a constitutional dent to have power to launch this Na- are living in a new time, a new age. resolution. I applaud the Senator from tion into war without provocation and There it is, right up there, inscribed, West Virginia for offering it. without clear evidence of an imminent ‘‘Novus ordo seclorum.’’ A new order of Mr. BYRD. I thank the distinguished attack on the United States. And we the ages. New order of the ages. Senator. How much time remains? are going to be foolish enough to give This modern President does not have The PRESIDING OFFICER. Thirteen it to him. I never thought I would see time for old-fashioned political ideas minutes. the day in these 44 years I have been in that complicate his job of going after Mr. BYRD. I hope Senators will show this body, never did I think I would see the bad guys single-handedly. an abundance of mercy before the day the day when we would cede this kind And make no mistake, the resolution is over and perhaps give me some more of power to any President. The White we are considering will allow the Presi- time. House lawyers have redefined the dent to go it alone at every stage of the

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10248 CONGRESSIONAL RECORD — SENATE October 10, 2002 process. It will be President Bush, by is a Democrat or Republican or an We should all hope that the President himself, who defines the national secu- Independent—whatever. It makes no does not fully exercise his authority rity interests of the United States. It difference. I don’t believe that our ulti- under this resolution, and that he does will be President Bush, by himself, who mate duty is to him. Our ultimate duty not abuse the imprecise language Con- identifies threats to our national secu- is to the people out there who elected gress may ultimately adopt. But I be- rity. It will be President Bush, by him- us. lieve that Congress must do more than self, who decides when those threats Our duty is not to rubber-stamp the give the President a blank check and justify a bloody and costly war. And it language of the President’s resolution, then stand aside and hope for the best. will be President Bush, by himself, who but to honor the text of the Constitu- Congress must make clear that this determines what the objectives of such tion. Our duty is not to give the Presi- resolution does not affect its constitu- a war should be, and when it should dent a blank check to enforce his for- tional power to declare war under Arti- begin and when it should end. eign policy doctrine, but to exercise cle I, section 8 of the Constitution; oth- The most dangerous part of this mod- our legislative power to protect the na- erwise, this resolution may appear to ernized approach to war is the wide tional security interests of this Repub- delegate this important legislative latitude the President will have to lic. function to the executive identify which threats present a ‘‘high Our constitutional system was de- My amendment also clarifies the in- risk’’ to national security. The admin- signed to prevent the executive from tent of this resolution is limited to au- istration’s National Security Strategy plunging the Nation into war in the thorizing a military response to the briefly outlines a few common at- name of contrived ideals and political threat of an Iraqi attack upon the tributes shared by dangerous ‘‘rogue ambitions. The nature of the threats United States. Congress must ensure states,’’ but the administration is care- posed by a sudden attack on the United that the broad language of this resolu- ful not to confine its doctrine to any States may have changed dramatically tion does not allow the President to fixed set of objective criteria for deter- since the time when Constitution was use this authority to act outside the mining when the threat posed by any drafted, but the reasons for limiting boundaries of his constitutional pow- one of these states is sufficient to war- the war powers of the President have ers. This amendment affirms the con- rant preemptive action. not changed at all. In fact, the constitutional requirement that the Presi- The President’s doctrine—and we are cerns of the Framers are even more rel- dent must have congressional author- about to put our stamp on it, the evant. Talk about this being old fash- ization before initiating military ac- stamp of this Senate. The President’s ioned. The concerns of the Framers are tion for any purpose other than defend- doctrine, get this, gives him—Him? even more relevant to the dangerous ing the United States against an immi- Who is he? He puts his britches on just global environment in which our mili- nent, sudden, and direct attack. We the same way I do. He is a man. I retary must now operate, because the must not provide the temptation to spect his office. But look what we are consequences of unchecked military this President, or any president, to un- turning over to this man, one man. action may be more severe for our citi- leash the dogs of war for reasons be- The President’s doctrine gives him a zens than ever before. yond those anticipated by the Con- free hand to justify almost any mili- Congress has the sole power under gress. tary action with unsubstantiated alle- the Constitution to decide whether the The power of Congress to declare war gations and arbitrary risk assessments. threat posed by Iraq is compelling is a political check on the President’s Even if Senators accept the argu- enough to mobilize this nation to war, ability to arbitrarily commit the ment that the United States does not and no Presidential doctrine can United States to changing military have to wait until it has been attacked change that. If President Bush wants doctrines, and the evolving nature of before acting to protect its citizens, our foreign policy to include any mili- war and security threats does not the President does not have the power tary action, whether for preemption, change the language of the Constitu- to decide when and where such action containment, or any other objective, tion. The President cannot use the un- is justified, especially when his deci- he must first convince Congress that certainty of terrorist threats to con- sion is supported only by fear and spec- such a policy is in the best interest of fuse the clearly defined political proc- ulation. The power to make that deci- the American people. esses required by the Constitution, and sion belongs here in Congress. That is The amendment I am offering reaf- Congress should not rush to endorse a where it belongs. That is where this firms the obligation of the Congress to doctrine that will commit untold Constitution vests it. The power to decide whether this country should go American resources to unknown mili- make this decision belongs to Congress to war. It makes clear that Congress tary objectives. and Congress alone. retains this power, even in the event The President admits in his National Ultimately, Congress must decide that we pass this broad language, Security Strategy that ‘‘America’s whether the threat posed by Iraq is which I believe gives the President a constitution has served us well.’’ But compelling enough to mobilize this Na- blank check to initiate war whenever his actions suggest that he feels this tion to war. Deciding questions of war he wants, wherever he wants, and service is no longer needed. Congress is a heavy burden for every Member of against any perceived enemy he can should ensure that the Constitution Congress. It is the most serious respon- link to Iraq. My amendment makes continues to serve our national secu- sibility imposed on us by the Constitu- clear that the President has the power rity interests by preventing the United tion. We should not shrink from our to respond to the threat of an immi- States from plunging headlong into an duty to provide authority to the Presi- nent, sudden, and direct attack by Iraq ever-growing war in the Middle East. I dent where action is needed. But just against the United States, and that urge my colleagues to support this as importantly, we should not shrink any military action that does not serve amendment in order to preserve the from our constitutional duty to decide this purpose must be specifically au- constitutional system of checks and for ourselves whether launching this thorized by the Congress. balances that the founders of this re- Nation into war is an appropriate re- Other Senators have said on the floor public valued so highly. sponse to the threats facing our peo- that the language of this resolution Mr. REID. Madam President, I would ple—those people looking, watching does not give the President a blank like to be recognized on a unanimous this debate through that electronic check, and they have said that this res- consent request. lens there. They are the ones who will olution is narrowly tailored to Iraq. I The PRESIDING OFFICER. Without have to suffer. It is their sons and do not read the resolution that way, objection, it is so ordered. daughters whose blood will be spilled. but I hope that the President does. I Mr. REID. Madam President, based Our ultimate duty is not to the Presi- hope the President reads this resolu- on the conversation I had earlier dent. They say: Give the President the tion as a narrowly crafted authoriza- today, with everybody—Senator benefit of the doubt. Why, how sick- tion to deal with Iraq’s weapons of BYRD—about what is not in the ening that idea is. Our ultimate duty is mass destruction, and not as an open- RECORD, one of the things we did not do not to the President of the United ended endorsement of his doctrine of is dispose of the other amendments. States. I don’t give a darn whether he preemptive military action. Reciting from the RECORD, I said we

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10249 will dispose—they will offer no other The PRESIDING OFFICER. The Sen- Who would not have heeded Churchill’s amendments tomorrow. ator from Arizona. call to stand up to Adolf Hitler in the That is today, speaking for Senator Mr. MCCAIN. Madam President, ac- 1930’s, while Europe slept and appease- DURBIN, Senator BOXER, and Senator cording to the letter of the Byrd ment fed the greatest threat to West- LEVIN. So I ask unanimous consent amendment, a clear threat of immi- ern civilization the world had ever that their other amendments at the nent, sudden, and direct attack upon known? Who would not have supported desk be withdrawn from the desk. the United States, its possessions or Israel’s bombing of Iraq’s nuclear reac- Mr. BYRD. What is the request? territories, et cetera, clearly would tor in 1981 had we then known, as Israel Mr. REID. I was reading from the have, would absolutely deprive the knew, that Saddam was on the verge of RECORD that the amendments of DUR- President of the United States of what developing the bomb? BIN, BOXER, and LEVIN are not going to he is seeking today. It would deprive In the new era we entered last Sep- be offered. They are being withdrawn the President of the United States of tember, warning of an attack before it from the desk. the authority he has requested to com- happens is a luxury we cannot expect. The PRESIDING OFFICER. Is the pel Saddam Hussein to disarm, so let’s Waiting for imminence of attack could Senator asking the amendments be re- have no doubt about the impact of this be catastrophic. Many fear we will not called? amendment. know of an attack until it happens— Mr. REID. Yes. The President has spoken clearly of and should our enemies use weapons of The PRESIDING OFFICER. Is there the threat Saddam Hussein’s regime mass destruction in such an attack, objection? Without objection, it is so poses to America and the world today— the deaths of thousands or millions of ordered. even though Iraq today clearly does Americans could occur with no warn- Mr. REID. Senator DAYTON would not meet the Byrd amendment’s standing—as happened last September. In also ask his be recalled. I ask unani- ard of threatening imminent, sudden, this age, to wait for our enemies to mous consent that be the case. and direct attack upon the United come to us is suicidal. The PRESIDING OFFICER. Without States of our Armed Forces. To wait In 1962, President Kennedy made the objection, the amendment is recalled. for Saddam Hussein to threaten immi- point that America cannot wait until The Senator from Arizona. nent attack against America would be we face the threat of open attack with- Mr. MCCAIN. How much time do I to acquiesce to his development of nu- out gravely endangering our security. have remaining? clear weapons, to ignore his record of In President Kennedy’s words, ‘‘Nei- The PRESIDING OFFICER. The Sen- aggression against his neighbors, and ther the United States of America, nor ator has 14 minutes 40 seconds. to disregard his continuing threats to the world community of nations can Mr. MCCAIN. I would like to yield 3 destroy Israel. tolerate deliberate deception and offen- minutes to the Senator from Delaware. Failure now to make the choice to sive threats on the part of any nation, Mr. BIDEN. Madam President, the remove Saddam Hussein from power large or small. We no longer live in a case that the Senator from West Vir- will leave us with choices later, when world where only the actual firing of ginia makes is a good case on the mer- Saddam’s inevitable acquisition of nu- weapons represents a sufficient chal- its of whether or not we should, in fact, clear weapons will make it much more lenge to a nation’s security to con- delegate this authority, but I am con- dangerous to defend our friends and institute maximum peril.’’ fused by the argument that constitu- terests in the region. It will permit The Byrd amendment would overturn tionally we are unable to delegate that Saddam to control much of the region, the doctrine announced by the Presi- authority. and to wield its resources in ways that dent of the United States to guide his Historically, the way in which the can only weaken America’s position. It administration’s conduct of American delegation of the authority under the will put Israel’s very survival at risk, national security policy. The Byrd constitutional separation of powers with moral consequences no American amendment would negate any Congres- doctrine functions is there have to be can welcome. sional resolution authorizing the Presi- some parameters to the delegation. For Failure to end the danger posed by dent to use all means to protect Amer- example, we could not delegate to the Saddam Hussein’s Iraq makes it more ica from the threat posed by Iraq. It President the authority to pick and likely that the interaction we believe would set such a high threshold for the confirm any Supreme Court Justice he to have occurred between members of use of military force as to render the wanted to confirm. al-Qaida and Saddam’s regime may in- Commander in Chief powerless to re- The essence of the constitutional ar- creasingly take the form of active co- spond to the clear and present danger gument which my friend from West operation to target the United States. Saddam Hussein’s regime poses to Virginia makes is, I assume, that there We live in a world in which inter- America and the world. are no parameters to this delegation; national terrorists continue to this day I urge my colleagues to reject the therefore, the delegation per se is un- to plot mass murder in America. Sad- Byrd amendment. constitutional. I assume that is the ra- dam Hussein unquestionably has The PRESIDING OFFICER. The Sen- tionale. But as I read this grant of au- strong incentives to cooperate with al- ator from Arizona. thority, it is not so broad as to make it Qaida. Whatever they may or may not Mr. MCCAIN. Madam President, how unconstitutional for us, under the war have in common, their overwhelming much time do I have left? clause of the Constitution, to delegate hostility to America and rejection of The PRESIDING OFFICER. The Sen- to the President the power to use force any moral code suggest that collabora- ator has 7 minutes. if certain conditions exist. My time is tion against us would be natural. It is Mr. MCCAIN. I yield 3 minutes to the about up, but I would argue that in sec- all too imaginable. Whether or not it Senator from Delaware. tion 4(a), subsections (1) and (2), the has yet happened, the odds favor it— The PRESIDING OFFICER. The Sen- conjunctive ‘‘and’’ instead of ‘‘or’’ ex- and they are not odds the United ator from Delaware. ists, which means that as a practical States can accept. Mr. BIDEN. Madam President, this is matter in reading this, the only cir- Standing by while an odious regime one of the confusing aspects of this de- cumstance the President could find, in with a history of support for terrorism bate. I find myself supporting this reso- my view, that the national security develops weapons whose use by terror- lution but worried that supporting this was being threatened would be as it re- ists could literally kill millions of resolution will get us into real trouble. lates to the resolutions relating to Americans is not a choice. It is an ab- We use Saddam, Hitler, and al-Qaida weapons of mass destruction. But I will dication. In this new era, preventive all in the same verbiage and language. speak to that later. I appreciate my action to target rogue regimes is not Let me make the real distinction, as I friend yielding me the time. only imaginable but necessary. see it, regarding preemption. But, again, constitutionally, this res- Who would not have attacked Osama If we knew that al-Qaida had par- olution meets the test of our ability to bib Laden’s network before September ticular weapons, knowing, as we did, delegate. It is not an overly broad dele- 11th had we realized that his intentions what their stated objective was, and gation which would make it per se un- to bring harm to America were with the intelligence we had, we would constitutional, in my view. matched by the capability to do so? be fully within our rights—not under

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10250 CONGRESSIONAL RECORD — SENATE October 10, 2002 any doctrine of preemption—because of Mr. THOMPSON. Madam President, I Craig Hollings Reed the existence of a clear, present, and thank the Senator from Arizona. I ap- Crapo Hutchinson Reid Daschle Hutchison Roberts imminent danger to move against al- preciate what the Senator from Dela- DeWine Inhofe Rockefeller Qaida. ware just said. I think it makes a lot of Dodd Johnson Santorum Conversely, with Hitler in the 1930s, sense. Domenici Kerry Schumer Dorgan Kohl the rationale for moving against Hitler I have many concerns about this Sessions Edwards Kyl Shelby wasn’t a doctrine of preemption be- Ensign Landrieu amendment, but two stick out to me as Smith (NH) Enzi Levin cause we knew he was a bad guy. It was I read it. My concern is that, under Smith (OR) because his country signed the Treaty Feinstein Lieberman this rationale, if we were told we had Fitzgerald Lincoln Snowe of Versailles. He was violating the good intelligence and we were con- Frist Lott Stabenow Treaty of Versailles. The Treaty of vinced that within, let us say, 6 months Graham Lugar Stevens Thomas Versailles did not have an end date on we were going to be attacked, it would Gramm McCain Grassley McConnell Thompson it. It didn’t say you cannot have forces still not fit the definition of imminent Gregg Miller Thurmond for the first 2 or 3 years, or you cannot and sudden. Hagel Murkowski Torricelli do the following things. We were fully As I read it, the threat must be an Harkin Nelson (FL) Voinovich within our rights as a world commu- Hatch Nelson (NE) Warner imminent, sudden, and direct attack Helms Nickles Wyden nity to go after Hitler in 1934, 1935, upon the United States. A sudden at- The amendment (No. 4868) was re- 1936, or 1937. It was not based on the tack of 6 months would not qualify. It jected. doctrine of preemption but a doctrine might be imminent, but it certainly The PRESIDING OFFICER (Mr. of enforcement of the Treaty of wouldn’t be sudden. I don’t think we EDWARDS). The Senator from Virginia Versailles, and in a very limited time. can afford that luxury. What we have here, I argue, as the is recognized. Second, our allies are totally ex- Mr. WARNER. Mr. President, it is rationale for going after Saddam, is cluded. Do we want to announce to the the intention of the Senate now to pro- that he signed a cease-fire agreement. world that there must be only an im- ceed to the Levin amendment No. 4862, The condition for his continuing in minent, sudden, direct attack upon the with 50 minutes for the Senator from power was the elimination of his weap- United States, its possessions, terri- Michigan, 15 minutes for the Senator ons of mass destruction, and the per- tories, and our Armed Forces, leaving from Delaware, 15 minutes for the Sen- mission to have inspectors in to make our allies in that particular part of the ator from Arizona, Mr. MCCAIN, and 15 sure he had eliminated them. He ex- world totally undefended by the United minutes for the Senator from Virginia. pelled those inspectors. So he violated States? I don’t think that is a message It is the intention of the Senator from the cease-fire; ergo, we have author- we want to send. Virginia to see that time is given to ity—not under a doctrine of preemp- I respectfully oppose the amendment. the distinguished Senator from Con- tion. This will not be a preemptive The PRESIDING OFFICER. The Sen- necticut, Mr. LIEBERMAN. strike, if we go with the rest of the ator from Arizona. We are now awaiting the opening world. It will be an enforcement strike. Mr. MCCAIN. Madam President, in statement of our distinguished chair- I hope we don’t walk out of here with summary, this amendment regarding man of the Armed Services Committee. my voting for this final document and the preservation of Congress’s con- I advise Senators that at the comple- somebody 6 months from now or 6 stitutional authority is unnecessary. A tion of that time, it is the intention of years from now will say we have the portion of the amendment that would the Senator from Virginia to move to right now to establish this new doc- limit the authority of the President to table the amendment. trine of preemption and go wherever we wage war is arguably unconstitutional. Mr. LEVIN. I wonder if the Senator want anytime. The Congress can declare war, but it will withhold for a moment. The part on which I do empathize cannot dictate to the President how to AMENDMENT NO. 4862 with my friend from West Virginia is wage war. No law passed by Congress The PRESIDING OFFICER. Under this is not a very clearly written piece could alter the constitutional separa- the previous order, the Senate will proof work. That is why I think Senator tion of powers. ceed to consider amendment No. 4862, LUGAR and myself and others had a I urge my colleagues to defeat this the Levin amendment. better way of doing this. But it does in- amendment. Mr. LEVIN. Mr. President, I suggest corporate with the President’s words I yield back the remainder of my the absence of a quorum. the notion that we are operating rel- time. The PRESIDING OFFICER. The ative to weapons of mass destruction The PRESIDING OFFICER. The clerk will call the roll. and U.S. security interests and enforce- question is on agreeing to amendment The assistant legislative clerk pro- ment—not preemption. No. 4868. ceeded to call the roll. I conclude by saying that the Presi- Mr. BYRD. Madam President, I ask Mr. WARNER. Mr. President, I ask dent started his speech explaining the for the yeas and nays. unanimous consent that the order for reason why he wanted his resolution on The PRESIDING OFFICER. Is there a the quorum call be rescinded. Monday. I guess it was Monday. And he sufficient second? The PRESIDING OFFICER. Without said at the very outset that this is There is a sufficient second. objection, it is so ordered. based upon enforcing what was com- The clerk will call the roll. Mr. WARNER. Mr. President, in con- mitted to in dealing with weapons of The assistant legislative clerk called sultation with my colleagues, I with- mass destruction. the roll. draw the comment at this time of the I know my time is up. I will speak to The result was announced—yeas 14, desire of the Senator from Virginia to this more later. nays 86, as follows: table. I am opposed to the Byrd amend- The PRESIDING OFFICER. Who [Rollcall Vote No. 234 Leg.] ment, but I hope we don’t establish yields time? some totally new doctrine in our oppo- YEAS—14 Mr. LEVIN. I yield myself 8 minutes. sition to it. Boxer Inouye Murray The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Byrd Jeffords Sarbanes ator from Michigan. Dayton Kennedy Specter Mr. LEVIN. Mr. President, the short ator from Arizona. Durbin Leahy Wellstone Mr. MCCAIN. How much time do I Feingold Mikulski title of our amendment is ‘‘The Multi- have remaining? NAYS—86 lateral Use of Force Authorization Act The PRESIDING OFFICER. Three of 2002.’’ The very title of this alter- Akaka Bond Carper and one-half minutes. Allard Breaux Chafee native to the Lieberman-Warner Mr. MCCAIN. Madam President, I Allen Brownback Cleland amendment establishes both its simi- yield 2 minutes to the Senator from Baucus Bunning Clinton larity and its difference from the Lie- Tennessee. Bayh Burns Cochran berman amendment. Bennett Campbell Collins The PRESIDING OFFICER. The Sen- Biden Cantwell Conrad It is similar because both of our ap- ator from Tennessee. Bingaman Carnahan Corzine proaches authorize the use of U.S.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10251 Armed Forces. It is different because prived of airbases, supply bases, over- passes, then we will be sending the our resolution authorizes the use of flight rights, and command-and-con- exact opposite message: If you do not, force multilaterally pursuant to a U.N. trol facilities that are needed for mili- we will anyway. resolution that the President has asked tary action. That takes the U.N. off the hook. the Security Council to adopt for the Saudi Arabia has already said explic- That blurs the focus that we should be purpose of destroying Saddam Hus- itly: If you do not get a U.N. resolu- placing on the importance of multilat- sein’s weapons of mass destruction and tion, you cannot use our military eral action authorized by the United prohibited missile delivery systems. bases. And other nations have said the Nations. Our resolution also supports the same. If they are going to be involved I believe that Saddam Hussein must President’s call and urges the United with us in using force against Iraq, be forced to disarm. I think it is going Nations Security Council to promptly they want the authority of a U.N. reso- to take force, or the threat of force, to adopt a resolution that demands Iraq lution to do it. get him to comply. to provide unconditional access, uncon- Our resolution has a better chance of It seems to me there is a huge advan- ditional destruction of all weapons of success in persuading Saddam Hussein tage if that force is multilateral, and mass destruction and, in the same reso- to comply, to capitulate, to cooperate going it alone is a very different cal- lution, authorize U.N. member states finally with the U.N. weapons inspec- culus with very different risks. to use military force to enforce that tors and to disarm because it will have If we fail at the U.N., then under our resolution. the world community looking at the resolution, the President can come Our resolution also affirms that the other end of the barrel down at him. back at any time he determines that United States has at all times the in- Our multilateral resolution reduces the U.N. is not acting to either adopt herent right to use military force in the chances of losing support from or enforce its resolution. He can then self-defense. There is no veto given the other nations in the war on terrorism, come back here under our resolution, United Nations in this resolution of and we need law enforcement, intel- call us back into session, and then urge ours. Quite the opposite. We explicitly ligence, and financial cooperation from us to authorize a going-it-alone, unilat- make it clear we maintain, of course, a other nations. eral resolution. right to use self-defense. And we pro- Our multilateral approach reduces I thank the Chair, and I yield 8 min- vide that the Congress will not adjourn the potential for instability in an al- utes to Senator BINGAMAN. sine die this year, but will return to ready volatile region, and that insta- The PRESIDING OFFICER. The Sen- session to consider promptly proposals bility can undermine Jordan, Pakistan, ator from New Mexico. relative to Iraq if, in the judgment of and possibly even end up with a radical Mr. BINGAMAN. Mr. President, I rise the President, the United Nations fails regime in Pakistan, a nuclear weapon to speak on the two resolutions that to adopt or enforce the United Nations nation. the Senator from Michigan has talked resolution for which he and we call. Our multilateral approach reduces about in his comments because there The Lieberman resolution, like ours, the likelihood of Saddam Hussein or are two resolutions before the Senate, authorizes the use of U.S. military his military commanders using biologi- both of which authorize the President force to enforce the Security Council cal or chemical weapons against our to use force, if necessary, against Iraq. resolution that is being sought by the forces, as he will be looking, again, Before I discuss those, let me just say President, as well as in the case of the down the barrel of a gun with the world a few words about the war on terrorism Lieberman resolution, as well as ear- at the other end rather than only at which has engaged the attention of this lier U.N. resolutions. But the Lieber- the United States. entire Nation during the last 13 man resolution also would authorize Both General Shalikashvili and Gen- months. the use of force on a unilateral basis, eral Clark testified in front of our com- Before I discuss those, I congratulate not requiring that there be an immi- mittee that there is a significant ad- the President on the way he was able nent threat, which is essential to using vantage to our troops by going multi- to bring our country together after the force in self-defense preemptively laterally in terms of the likely re- attack of September 11 of last year. In under international law, but a lower sponse of Saddam Hussein to a unilat- cooperation with the President, Con- threshold called a continuing threat. eral attack by the United States and gress put aside other matters, put aside That would be a departure from the the likelier use of weapons of mass de- partisan issues, and acted quickly to requirement in international law that struction by him in response to a uni- appropriate necessary funds and to the use of force in self-defense be for lateral attack. enact important legislation to help imminent threats. That can have sig- Our multilateral approach will in- safeguard our country and its citizens. nificant negative consequences for the crease the number of nations that will I think all of us in Congress joined in world. If other nations adopt that be willing to participate in the fight- meeting this challenge, and I am proud precedent, if India and Pakistan adopt ing. It will increase the number of na- we were able to do so. that precedent, two nuclear-armed nations that will be willing to participate The President has come to us again, tions, they can find continuing threats in the long and costly effort in a post- and this time he has focused attention against each other, not imminent, just Saddam Iraq, and we would be avoiding on another threat—that is, the threat continuing threats and, using our setting that precedent of using force that Saddam Hussein, the leader of precedent, if we adopt the Lieberman preemptively without an imminent Iraq, will use weapons of mass destruc- resolution, say: That is the new stand- threat. tion against us or our allies or that he ard in international law; it does not Mr. President, if we are serious about will provide such weapons to terrorists have to be an imminent threat; we can going to the U.N., as the President has for them to use. preemptively attack a neighbor and said he is, we must focus our efforts The President has indicated his belief anybody else if, in our judgment, it is there. We should not send an incon- that regime change in Iraq is needed to a continuing threat. sistent message. We should not take deal with this threat, but he makes the If China decided that Taiwan, which the U.N. off the hook. We should not point that at this time he has not made it labels a renegade province, is a say: We really are interested in the a decision about whether or when to threat to its security, then under this U.N. acting, adopting a resolution, re- commence any military action. precedent it can attack Taiwan under quiring an unconditional opening by The United Nations, for many years, the approach that ‘‘imminent’’ is no Saddam, requiring the destruction of has agreed with our country’s view longer a requirement. his weapons of mass destruction. that Saddam Hussein should not be Acting multilaterally—multilater- We are saying we really mean that; permitted to possess weapons of mass ally—as our alternative resolution that is the kind of resolution we want. destruction. An inspection regime was does—in other words, with the backing We are saying that. We also want that established by the United Nations in of the United Nations—has a number of resolution to authorize member states April of 1991, and inspections by advantages. It will garner the most to use military force to enforce it. UNSCOM continued until August of support from other nations and avoid That is what we are saying on the one 1998 to ensure that weapons were not the negative consequences of being de- hand, but if the Lieberman resolution being developed or maintained.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10252 CONGRESSIONAL RECORD — SENATE October 10, 2002 I11In December of 1998, Iraq expelled regime, the American people and our Mr. LEVIN. I would be happy to an- those weapons inspectors, and since allies may well conclude the President swer that. It would be misconstrued if that time it is widely believed the like- is correct. We may have to conclude it were interpreted that way. This does lihood of such weapons being developed that finding and destroying weapons of not preclude the President from doing in Iraq has increased. mass destruction in Iraq cannot be anything. This is an authorization. It So in response to this threat, the achieved as long as Saddam Hussein is is not a prohibition. It is an authoriza- President has urged Congress to adopt in power, and if that is the necessary tion to the President to use force. It a broadly worded resolution that au- conclusion we reach, then a major does not preclude the President. It does thorizes him at any time in the future: military action will likely be required, not say the President may not use To use the Armed Forces of the United with all the casualties and con- force. It says the President is author- States as he determines to be necessary and sequences such an action entails. ized to use force. So there is no prohi- appropriate, in order to defend the national Our allies have not reached that con- bition; there is no negative. security of the United States against the clusion yet. They believe a new inspec- The President has sought our author- continuing threat posed by Iraq; and enforce tion regime can be made to work and ity. This resolution would give the the United Nations Security Council resolutions regarding Iraq. that the threat can be dealt with short President that authority. of going to war. At least they believe it Mr. WARNER. I draw my colleague’s Senator LEVIN, who is chairman of is worthwhile for us to make that final attention to the fact it would require the Armed Services Committee, with effort. the United States to wait for the U.N. whom I have been privileged to serve The President’s proposed resolution Security Council to act on a resolution for the last 20 years, has urged us to authorizes him: before the President could take action adopt a different resolution that grants to protect our national security inter- the President the authority to use To use the Armed Forces of the United States as he determines to be necessary and ests. military power, but Senator LEVIN’s appropriate. Mr. LEVIN. Which is the WMD issue. proposed resolution differs from the This is, in my view, a virtually open- It is only the WMD issue that is re- broad grant of authority the President ended grant of authority. It is not a ferred to. has requested in two very significant proper action for Congress to take at Mr. WARNER. I will have to reserve ways. this time. I do not believe it is wise at the remainder of my time. First, it authorizes the use of force at this point to be authorizing war with- The PRESIDING OFFICER. Who this time only pursuant to a resolution out the support of the United Nations yields time? of the U.N. Security Council. In this and our allies. If war must be waged, The Senator from Virginia. way, we would be ensuring our actions other countries should be there with Mr. WARNER. I yield 5 minutes to to eliminate Iraq’s weapons of mass de- us, sharing the costs, both the finan- the distinguished Senator from Con- struction continue to be taken in co- cial and human costs, and helping re- necticut. ordination with our allies. The PRESIDING OFFICER. The Sen- Second, the Levin resolution author- store stability in what will almost cer- ator from Connecticut. izes the use of: tainly be the tumultuous aftermath of that military action. Mr. LIEBERMAN. I thank the Chair The Armed Forces of the United States to I also do not favor an authorization and I thank my friend from Virginia destroy, remove, or render harmless Iraq’s for yielding me the time. weapons of mass destruction, nuclear weap- for war unless and until the President ons-usable material, ballistic missiles with a is prepared to advise Congress that war Mr. SARBANES. Parliamentary in- range greater than 150 kilometers, and re- is necessary, and he has explicitly said quiry: Will the Chair inform us what lated facilities, if Iraq fails to comply with he is not prepared to advise us of that the time allocations are and how much the terms of the Security Council resolution. at this time. time is remaining. There is a specific objective we are For all these reasons, I will support The PRESIDING OFFICER. Senator saying the President is authorized to the resolution put forth by Senator LEVIN began with 50 minutes and has 33 use military force to accomplish. LEVIN and not support the much broad- minutes remaining. Senator BIDEN has The Levin resolution does not au- er grant of authority urged by the 15 minutes, Senator MCCAIN has 15 thorize unilateral action at this time President. minutes, and Senator WARNER has used to accomplish so-called regime change. I yield the floor. 2 of his 15 minutes. Rather, it would leave open the option The PRESIDING OFFICER. Who Mr. SARBANES. I thank the Chair. for the President to come back to seek yields time? The PRESIDING OFFICER. The Sen- and obtain that authority from Con- Mr. WARNER. Mr. President, will my ator from Connecticut. gress if and when he determines that colleague yield for a question on my Mr. LIEBERMAN. Mr. President, I military action against Iraq is re- time and a response on his time? In rise to oppose the amendment offered quired, even without U.N. sanction. other words, I will ask the question on by my friend, the Senator from Michi- I strongly support giving the Presi- the time allocated to me and the Sen- gan. It seems to me, as I look at this dent authority to work with our allies ator can respond on the time allocated amendment, that the difference we in the United Nations, to inspect for, to him. have—those of us who have sponsored locate, and destroy weapons of mass Mr. LEVIN. I am afraid my time is the underlying resolution, and the Sen- destruction in Iraq. It may well prove allocated totally, unless it can be a ator from Michigan and others spon- necessary to use military force to ac- brief answer. I would be happy to an- soring the amendment—is over tactics, complish that objective. In my view, swer briefly. not objectives. Perhaps we should ac- the Levin resolution grants the Presi- Mr. WARNER. Then I am going to knowledge one to the other. We each dent that authority. Unless that effort, have to narrow our ability to enter have the objective, I believe, to compel which is already underway, fails, I be- into a colloquy, which you and I have Saddam Hussein to comply with the lieve it would be wrong for us to grant done so many times. various U.N. Security Council resolu- authority to the President to use U.S. I will ask one question: As I read this tions, and in that sense, particularly, Armed Forces in what is essentially a amendment, I find it could be inter- to disarm. unilateral action to achieve goals that preted as precluding the ability to en- I suggest to my friend from Michi- are, at best, vague and broad. force the existing resolutions, namely gan, noting how he continues to refer The President has made clear that in 688, the no-fly zone. If the Senator to his amendment as the multilateral his view our goal should be regime wants a few minutes to study and re- approach, that those who sponsored the change. The argument is Saddam Hus- flect on that, I would like to have the underlying resolution consider ours to sein has shown such a proclivity to lie, Senator think this through. That is be a multilateral international ap- cheat, and evade that anything short of one very serious shortcoming. In other proach as well. We believe our willing- regime change will leave us vulnerable words, for 11 years we have been en- ness not only to accept and urge and to a future attack by Iraq. forcing the no-fly zone, but as I read encourage the President to go to the Depending on the success of our cur- this, it could be construed as stopping United Nations and hope the United rent efforts to reinstitute an inspection that. I make that point. Nations will authorize use of force if

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10253 Saddam Hussein does not comply with a Russian veto at the Security Council. Continuing: their resolutions but our willingness The President was unwilling to accept For me, the deciding factor is my belief after that fact to say if that does not that. There was no congressional reso- that a united Congress will help the Presi- happen, the President has the right to lution then organizing the deployment dent unite the world, and by uniting the utilize America’s Armed Forces for of our forces because there was con- world we can increase the world’s chances of that purpose, is probably the better troversy about that. There was clearly succeeding in this effort and reduce both the way to achieve an international action no imminent threat of a sudden direct risks and the cost. against Iraq under Saddam Hussein. To attack against the United States, as in That quote was made just over 40 show our willingness, our seriousness other amendments that have been be- minutes ago by the distinguished ma- to use military force to lead an inter- fore the Senate, because this was hap- jority leader of the Senate. national coalition ourselves is the bet- pening in the Balkans. But the Presi- The House of Representatives deter way to convince the United Nations dent of the United States, President bated language identical in both Cham- to take action on its own and therefore Clinton, clearly understood what was bers. To achieve that united Congress, to have an international act. happening there was wrong. He wanted we must maintain the integrity of the There is a disagreement about tac- to take action not only to stop the amendment that is presently pending. tics. The disagreement is whether we genocide and prevent a wider war in That is the amendment by Senator should do all this in one resolution, as Europe but in the most distant threat, LIEBERMAN and myself, Senator we have, or, as the Senator from Michi- to prevent a potential threat to the se- MCCAIN, and Senator BAYH. gan proposes in the amendment, to curity of the United States, so he I yield the floor. have two steps: First, go to the United formed a coalition of willing nations. The PRESIDING OFFICER. Who Nations, only allow enforcement, par- Here the threat from Iraq under Sad- yields time? ticularly of the resolutions concerning dam Hussein is much more imminent Mr. LEVIN. I yield 8 minutes to the Iraq’s weapons of mass destruction, to to the United States. So to subject our Senator from California. be done by the United States with the capacity to defend ourselves against Mrs. BOXER. Mr. President, I thank permission of the United Nations. If that threat to a veto by the United Na- Senator CARL LEVIN for his amend- that does not work, the President must tions Security Council is inappropriate ment. I thank the State of Michigan come back for a separate resolution. and wrong. for sending Senator LEVIN to the Sen- Last night in a colloquy with the Again, I state a great phrase from ate. His independence, his courage, his Senator from Michigan, I suggested the Bible: If the sound of the trumpet clear thinking, his love of country are that his resolution does in fact give the is uncertain, who will follow into bat- evident in the work he has put behind Security Council a veto over the Presi- tle? this important amendment. I believe dent’s determination, the President’s If we sound a certain trumpet with his answer to Iraq’s challenge is, in- capacity, to use the American military this resolution, which this amendment deed, the right course for this country. to enforce certainly those resolutions would make uncertain, then many To me, the issue of Iraq should be ap- having to do with weapons of mass de- other nations will follow us into battle. proached in the following way. Iraq struction and ballistic missiles and re- I oppose the amendment. must be held to its word that it will lated facilities. The PRESIDING OFFICER. The Sen- submit to thorough inspections and It seems to me, notwithstanding the ator from Virginia. dismantlement of weapons of mass de- fact that the Senator’s amendment af- Mr. WARNER. I will take a few min- struction. Let me repeat that: Iraq firms the President’s inherent right to utes under my time and give to this must be held to its word that it will use military force in self-defense, sec- Chamber two quotations that frame submit to thorough inspections and tion 4(a) also makes clear the Presi- the entire debate. The first quotation dismantlement of weapons of mass de- dent of the United States can only do is from 40 years ago. It was the Presi- struction. that if he wants to take action to de- dent of the United States, John F. Ken- The United Nations should pass an stroy or remove or render harmless nedy, in 1962: updated resolution ensuring unfettered Iraq’s weapons of mass destruction, nu- This Nation is prepared to present its case inspections and disarmament, and that clear weapons, fissile material, ballis- against the Soviet threat to peace and our should take place or there will be dire tics, et cetera, pursuant to a resolution own proposals for a peaceful world at any consequences for Iraq. The weapons of the U.N. Security Council. time and in any form, in the Organization of they have are a threat to the world. That means any member of the Secu- American States, in the United Nations, or The world must respond. If we handle in any other meeting that could be useful, this matter correctly, the way Senator rity Council—Russia, China, France, without limiting our freedom of action. any temporary member—can veto ac- LEVIN is suggesting, I believe the world This is precisely what this amend- tion by the United States, by the Com- will respond. If we handle it wrong— ment does. It is a total substitute for mander in Chief. I don’t want that to and I think the underlying resolution the work that has been done by the happen. is the wrong approach—if our allies be- The question is, Why assume, if the Senator from Connecticut, working lieve we have not made the case, they United Nations does not take action, with others, the leadership on both believe somehow this is a grudge the United States will have to go it sides of the aisle, and the President’s match, or if they believe they are being alone? Having gone to the United Na- staff. That would all come down, and in manipulated for domestic political rea- tions, having made our case, the fact is its place would be this resolution sons, that is going to hurt our Nation if military action is necessary, the which has provisions that could be in- and that is going to isolate us. United States will never have to go terpreted as a veto, questions the au- Indeed, this rush to pass unilateral alone. We will have allies in Europe, al- thority of the President, and puts too authority—I have never seen anything lies in the Middle East, who see our se- much reliance that the United Nations quite like what has happened in the riousness of purpose, who share in our is going to devise a resolution which Senate. The rush to pass unilateral au- desire to protect themselves and the would meet the criteria that our Presi- thority, the rush to say to the Presi- world from Saddam Hussein, who will dent and other nations deem essential dent, go it alone, don’t worry about come to our side. We will have what we for a new inspection regime. anybody else, is hurting this debate, called in the case of Kosovo a coalition That was a quote by President Ken- and this debate looks political. It looks of the willing. nedy. political. The Kosovo case is instructive on Now, 40 years forward, a second If there are those in the administra- several points raised in this debate. quote: tion who believe this debate could hurt There was no United Nations resolu- This resolution gives the President the au- Democrats, they may be surprised. tion authorizing the United States to thority he needs to confront the threat posed Democrats do not walk in lockstep. We by Iraq. It is fundamentally different and a deploy forces in the case of Kosovo be- better resolution than the one the President are independent thinking. I believe the cause everyone, including the Clinton sent to us. It is neither a Democratic resolu- people want that. administration, the President, deter- tion nor a Republican resolution. It is now a Remember, this administration mined we would possibly be subject to statement of American resolve and values. started out thumbing its nose at the

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It implies regime of nation-states, each of whom makes Nations. Indeed, they said he did not change. What I think is important decisions based on their national inter- have to go there; he did not have to about the Levin resolution is that it ests. Five nations have veto power. Ten come here; he did not have to do any- goes to the heart, the core of the mat- more can vote up or down, or abstain thing. Also, as the Presiding Officer ter, which is dismantlement of the on a given matter. Individual states knows, they wanted a resolution that weapons of mass destruction. may cloak their decisions in grand gave the authority far beyond Iraq. If Saddam knows his back is against rhetoric of global interest, but they are They wanted to give the President au- the wall, he will use these. driven by cool calculations of self-in- thority to go anywhere in the world. The PRESIDING OFFICER. The Sen- terest. Now that idea is gone from the un- ator has 1 minute remaining. As my friend from Michigan knows, derlying Lieberman resolution. So Mrs. BOXER. I thank the President. the atmosphere before a Security checks and balances do work. I think So let’s be careful. Why not take the Council vote often resembles a Middle what we ought to do is continue those conservative approach, the two-step Eastern bazaar more than it does a checks and balances by passing the approach of the Levin resolution, when somber courtroom. Deals are cut, reso- Levin amendment. it comes to the life and death of our lutions are watered down, and state- The Levin amendment puts America people? There are more questions that ments are made based on the national front and center in a way that will win have not been answered, and I have put interests of the five permanent Secu- over the civilized world. This is what it them in the RECORD. Yet the President rity Council members. That is as it does. wants the authority to go it alone and should be, but we should not fool our- No. 1, it urges the U.N. Security he has not answered even one of those selves that there is some innate moral Council to quickly adopt a resolution questions to Members of this Senate, authority once 15 nations negotiate a for inspections of Iraq’s weapons of let alone to the American people. deal. mass destruction and the dismantle- I cannot vote for a blank check for Russia is engaged in vicious human ment of those weapons. unilateral action. I cannot vote for a rights abuses in Chechnya. Russia con- No. 2, this new U.N. Security Council go-it-alone approach before any of tinues to undermine the sovereignty of resolution urges that we will back up these fundamental questions have been the Republic of Georgia. Russia is owed the resolution with the use of force, in- answered. Twice in the past 4 years I billions of dollars from its ill-advised cluding the United States. And the voted to use force: once against arms deals with Saddam Hussein’s President gets that authority in Sen- Milosevic, once after September 11. So Iraq. Russia has long advocated easing ator LEVIN’s resolution. No. 3, it reaffirms that, under inter- it is not that this Senator will never and even lifting of sanctions against national law and the United Nations vote for force, but in this case, when Iraq. Russia abstained on U.N. Security Charter, the United States has the in- the President is proposing to go it Council Resolution 1284 in December herent right to self-defense. So any- alone, I think we have the right on be- 1999, creating the current weapons in- body who says, my God, we are giving half of the people we represent to have spections regime in Iraq—apparently everything over to the U.N., has not the questions answered. because it believed the regime was too read the resolution. In closing, the Levin resolution gives tough. Last, it states the Congress will not us that two-step approach. It says to China also abstained from supporting adjourn sine die so that in a moment’s this President: If you want to go as U.N. Security Council Resolution 1284. notice we can return if the President part of a world force and make sure China has good reason to be concerned believes we need to go it alone. that we get the dismantlement of these about international opinion. China has Some have said that the Levin weapons, we give you the authority and engaged in serious proliferation activi- amendment, again, gives veto power to the blessing. If not, come back and ask ties. China severely represses its own the U.N. Security Council. That is not us and we will debate then and we will people. Gaining the diplomatic acquies- true. Again, under the Levin amend- vote then. I hope we will vote for the cence of the People’s Republic of China ment, if the President cannot secure a Levin resolution. may be desirable but it does not add new U.N. resolution that will ensure I yield the floor. any moral stature to our position. disarmament of Iraq, he can come The PRESIDING OFFICER. Who And then there is France. France has back, he can lay out the case and an- yields time? The Senator from Arizona. armed Saddam Hussein for years. swer the questions that have not been Mr. MCCAIN. I understand I have 15 French President Chirac was Prime answered. minutes. Minister when France sold a nuclear I have looked back through history. I The PRESIDING OFFICER. The Sen- reactor to Iraq. In the words of the never have seen a situation where the ator is correct. former head of Iraq’s nuclear program, President of the United States asked Mr. MCCAIN. Mr. President, at the Khidhir Hamza, Saddam ‘‘knew Chirac for the ability to go to war alone and outset, let me state that I agree with would eat old tires from the Tigris if it yet has not told the American people the distinguished Chairman of the got him our nuclear deal, worth hun- what that would mean. How many Armed Services Committee: U.S. policy dreds of millions of dollars, along with troops would be involved? How many would be stronger if we received the the prospect of cheap oil.’’ casualties might there be? Would the unequivocal support of the United Na- For years, French businessmen have U.S. have to foot the entire cost of tions Security Council. Of that, there been regular visitors to Baghdad, seek- using force against Iraq? If not, which is no doubt. ing commercial advantage despite U.N. nations are ready to provide financial But that does not mean that our sanctions. No one in this body should support? Troop support? What will the country must delegate our national se- be under any illusions about French cost be to rebuild Iraq? How long would curity decisionmaking to the United motivations. our troops have to stay there? What if Nations. It is neither morally nec- If President Bush and his team can our troops become a target for terror- essary nor wise to give the U.N. Secu- gain French, Chinese and Russian sup- ists? rity Council veto power over our secu- port for a strong U.N. Security Council We have seen in Kuwait, a very se- rity. resolution, I applaud them. Recent cure place for our people; we have had I am a supporter of the United Na- signs are promising. Their support will terrorist incidents already against our tions. I have supported efforts to pay help in the political and diplomatic young people there. U.S. arrears to the organization. The realms. But their support will not Will weapons of mass destruction be U.N. does many good deeds around the make our case more just, or more launched against our troops? Against world. right.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10255 In fact, the U.S. position in making ber 15, 1994, which prohibits Saddam cleansing and mass murder by a gov- progress at the U.N. precisely because from reinforcing his conventional ernment against its own people. of our determination. If this body were forces in southern Iraq. This resolution Milosevic had no weapons of mass de- to pass the Levin amendment, we was necessitated by Saddam’s massing struction. The threat he posed was to would set our cause back in New York. of thousands of troops—including at citizens in his country, not his neigh- We would send a signal of indecision least two Republican Guard divisions— bors. In Kosovo, the U.N. Security that would embolden those who oppose near the Iraq-Kuwait border. By lim- Council could not pass a resolution be- a tough resolution. They would see iting the authorization to only weap- cause of Russian opposition. Yet that the U.S. Senate is deferring judg- ons of mass destruction, the Levin NATO, under U.S. leadership acted. In- ment to them, virtually inviting them amendment’s silence on the conven- deed, in 1998, Senator LEVIN noted with to harden their opposition to the U.S. tional threat to Kuwait could send the approval the Administration’s position position. wrong signal to Iraq and undermine ex- ‘‘that the Security Council’s authoriza- Let me address some real concerns I isting U.N. Security Council resolution was desirable but not required for have about the amendment offered by tions. Again, I am sure that is not its NATO action to intervene in Kosovo.’’ my distinguished colleague. It urges intent but it may be the effect. Remarks on the Senate floor, July 8, the U.N. Security Council to adopt a Finally, there is the issue of what to 1998. This was 8 months before hos- particular resolution—one limited sole- do if the U.N. Security Council does tilities began. This was before any seri- ly to inspectors’ access to Iraq’s weap- not act. It may be, at the end of the ous effort had been made at the U.N. ons of mass destruction programs. I day, that the individual nations mak- This was before any veto was cast. It don’t think we should try to put the ing decisions in the U.N. Security seems to me that if my distinguished U.S. Senate in the role of drafting the Council do not agree with the compel- colleague from Michigan could reach parameters of U.N. Security Council ling case that President Bush has laid that kind of judgment that far in ad- resolutions. Such a unilateral position out. It may be that they will decide vance concerning the use of force by one legislative body in one U.N. that U.N. Security Council resolutions against a far less threatening adver- member state seems a little bit out of are not to be enforced, that the worst keeping with his oft-stated desire for sary, he should be able to do the same violator of U.N. Security Council reso- today. multilateralism. lutions should not be confronted. It The U.N. Security Council resolution In summary, the Levin amendment may be that other nations choose to urged by the Levin amendment is si- sends the wrong signal at the wrong appease, accommodate, or ignore the lent on the real issues facing the U.S. time. It could give a green light to Sad- clear and present danger posed by Iraq. government in New York right now. dam to repress his own people or use Under the Levin amendment, what is Does the amendment accept or reject conventional forces to Kuwait while the U.N. Secretary General’s 1998 deal the United States to do if the U.N. giving a red light to our diplomatic ef- with Saddam Hussein to leave huge proves to be as unable to deal with Iraq forts at the U.N. This body should swaths of Iraqi territory under sepa- as it was to deal with genocide in allow the executive branch the leeway rate rules? Does the amendment take a Rwanda and mass murder in Bosnia to conduct diplomacy at the U.N.—not position on the need to interview Iraqi committed under the nose of U.N. try to micromange it from the Senate scientists outside of Saddam’s con- peacekeepers? floor. I urge the rejection of the Under the Levin amendment, Con- trol—and with their families so the re- amendment. gress would reconvene to ‘‘consider gime cannot hold them hostage? I reserve the remainder of my time. The Levin amendment is silent about promptly proposals relative to Iraq if The PRESIDING OFFICER (Mrs. many issues raised in U.N. Security in the judgment of the President, the CARNAHAN). The Senator from Michi- Council resolutions—issues that the U.N. Security Council fails to adopt or gan. U.N. Security Council may see fit to enforce the resolution’’ called for in Mr. LEVIN. Madam President, I will address in the future as they have in the amendment. It is not sufficient to yield myself 30 seconds to, first of all, the past: support for terrorism; threat- claim the Levin amendment affirms assure my good friend from Arizona ening conventional military moves the U.S. right of self-defense and, that my amendment means what it against Kuwait, and protection of the therefore, there is not U.N. veto. If the says, that we reserve the right of self- Iraqi people from Saddam’s tyranny. U.N. vetoes action on Iraq, Congress defense at all times. There is no ceding Each of these has been addressed by will come back to ‘‘consider proof our security policy to the United Na- U.N. Security Council resolutions in posals.’’ Why? Why should we not de- tions. We are very explicit on that. the past. Each of these has been ad- cide now about the issue? Why should If I could also point out to my friend dressed by the United States in the we wait and see? from Arizona, back in the gulf war past. Why are they ignored in the Does the Senator believe the admin- time—and I will yield myself 30 addi- Levin amendment. istration is pursuing the wrong resolu- tional seconds—the exact authoriza- Even more troubling is the narrow tion in New York? If he does, he should tion in the gulf war was: The President authorization for the use of force in the say so. Does the Senator believe the is authorized, subject to such and such Levin amendment. Right now, Amer- administration is not seriously com- section, to use the Armed Forces of the ican and British pilots are risking their mitted to pursuing a resolution? If he United States pursuant to United Na- lives enforcing the northern and south- does he should say so. But if he be- tions Security Council resolutions. ern no fly zones in Iraq. They are being lieves the U.S. is seriously pursuing a And my friend from Arizona said at shot at. They are defending themselves serious resolution in New York, there that time: I think we should get ap- by attacking Iraqi radar and SAM sites is no need for this amendment. Unless proval from the United Nations to use that target them. These zones were he wants to grant bargaining power to force, if necessary. And we should then, erected to prevent Saddam from con- those who oppose the U.S. position in and if it could be done shortly, get ap- tinuing to slaughter the Iraqi people— the U.N. or unless he disagrees with the proval from Congress to use force, if not to engage in search and destroy U.S. position, there is not need for his necessary. mission for weapons of mass destruc- amendment. The diplomatic process I am not suggesting—I am not sug- tion. They are authorized by U.N. Se- will continue. We may succeed. We gesting—nor did I suggest then that curity Council Resolution 688, passed may fail. But I believe we have enough the Senator from Arizona was ceding on April 5, 1991. By omitting any ref- information to act now. I believe we do the policy of the United States to the erence to the ongoing Operation North- not need to wait for the U.N. to act. I United Nations just because he wanted ern Watch and Operation Southern believe that even if the U.N. does not to go to the United Nations first before Watch, one could construe the Levin act, America should—as we did in we voted to get authority from the amendment to not authorizing no fly Kosovo in 1999. United Nations. I never suggested that zone enforcement. I am sure that is not The case of NATO’s preventive at- because it was not true. He would its intent, but it could be its effect. tack in Kosovo is instructive. I sup- never cede authority over our security The same is true of U.N. Security ported the NATO intervention. It was policy to the United Nations, nor Council Resolution 949, passed on Octo- an intervention designed to stop ethnic would I, nor would any Member of this

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10256 CONGRESSIONAL RECORD — SENATE October 10, 2002 body, nor does the resolution on which it means only pursuant to a U.N. Secu- ported a resolution, which passed this we are going to vote. rity Council resolution can the Presi- Congress in a close vote—and the Sen- I yield 3 minutes to our friend from dent authorize the use of ‘‘the Armed ator from Connecticut was a leader in Maryland. Forces of the United States to destroy, that effort; and I commend him for it— The PRESIDING OFFICER. The Sen- remove, or render harmless Iraq’s the resolution relative to the gulf war ator from Maryland. weapons of mass destruction, nuclear said: Mr. SARBANES. Madam President, I weapons-usable material, ballistics The President is authorized subject to this commend again the able Senator from missiles . . . and related facilities. subsection to use U.S. Armed Forces pursu- Michigan for this proposal that he has . . .’’ ant to United Nations Security Council Res- before us. The strength of the proposal, So it is one thing to affirm the gen- olution 678. and the care with which it has been eral right of self-defense, but then the Did that mean because that grant of crafted, is made manifest by the tor- amendment takes it away with regard authority pursuant to a U.N. resolution tured argument of the Senators from to what we all acknowledge is the most was present, that the President could Connecticut and Arizona against his serious threat that Iraq constitutes to not operate in self-defense? Did you, resolution. They are in a convoluted the U.S., which is weapons of mass de- somehow or other, by granting that posture to try to misinterpret this in struction. right intend to eliminate the right of order to try to make an argument Mr. SARBANES. The Senator did this Nation to act in self-defense? I against it. It is just incredible what this last night, and he is doing it again know the answer is no. I know the an- has happened. We need some intellec- today. He has inserted into the author- swer is no. tual integrity here as we deal with this ization to use force pursuant to a U.N. Yet in our resolution, when we ex- issue. resolution the word ‘‘only.’’ The word plicitly preserve that right, somehow Let me ask the Senator from Michi- ‘‘only’’ is not there. These are two sep- or other the Senator from Connecticut gan if he would answer a question or arate sections. One provides an author- is finding it inconsistent with the pur- two. ity under a U.N. resolution; the other suant grant. The Senator from Connecticut said preserves the inherent right of mili- Mr. LIEBERMAN. Since the Senator earlier that you were precluding the tary—I want to say to my good friend from Maryland has questioned my legal use of military force to exercise our in- from Connecticut, it is painful to me to capacity, I want to—— herent right of self-defense because we see a former able and distinguished at- Mr. SARBANES. I said it just pained would have to have a United Nations torney general of the State of Con- me to see it at work here on the floor. resolution before, as I understand—be- necticut twist and turn to try to do Mr. LIEBERMAN. I want to assure fore—we could exercise such force. this, what he is trying to do, to the the Senator from Maryland—— I read in your resolution a specific af- very well-crafted amendment of the The PRESIDING OFFICER. Who firmation under international law of Senator from Michigan. It is painful. It yields time at this point? our inherent right to use military is painful to see this. Mr. BIDEN. Madam President, how force; is that right? Mr. LIEBERMAN. Well, let me re- much time is under the control of the Mr. LEVIN. The Senator is correct. lieve you of your pain. Senator from Delaware? It specifically ‘‘affirms that . . . the Mr. SARBANES. Will you withdraw The PRESIDING OFFICER. The Sen- United States has at all times the in- the use of the word ‘‘only’’? ator has 13 minutes remaining. herent right to use military force in Mr. LIEBERMAN. This comes di- Mr. LIEBERMAN. I will bring this to self-defense.’’ It explicitly preserves rectly from my experience as an attor- a close. that right. ney and attorney general. If you are Mr. BIDEN. Madam President, I will Mr. LIEBERMAN. Will the Senator saying ‘‘pursuant,’’ how else—I ask the yield 2 more minutes to the Senator yield for a question? Senator from Michigan, do you believe, from Connecticut. Mr. SARBANES. On your time. under your amendment, and if there is The PRESIDING OFFICER. The Sen- Mr. LIEBERMAN. Is there time re- no resolution of the United Nations re- ator from Connecticut. maining, I ask the Senator from Ari- garding destruction of weapons of mass Mr. LIEBERMAN. I want to assure zona—the Senator from Virginia? destruction of Iraq, that the President the Senator from Maryland this is not Mr. WARNER. Yes. Madam Presi- could authorize the use of force? a tactic. I am genuinely puzzled, for dent, may I inquire as to the remaining Mr. SARBANES. Of course. two reasons. time of the Senator from Arizona? Mr. LEVIN. Of course he could. Pur- You give the grant of authority, and The PRESIDING OFFICER. The Sen- suant to—— then you say ‘‘pursuant.’’ It seems to ator from Arizona has 3 minutes re- Mr. LIEBERMAN. Then why require me logical the grant of self-defense, maining. that the President come back a second and then you spell out that pursuant to Mr. WARNER. Three minutes. And time to seek such authorization? only a U.N. resolution can the Presi- for the Senator from Virginia? Mr. LEVIN. Because we are explicitly dent use the Armed Forces. But then The PRESIDING OFFICER. The Sen- saying, pursuant to the right of self-de- here is the second. Only—— ator from Virginia has 3 1⁄2 minutes. fense, he may always, at any time, Mr. LEVIN. Only? Mr. BIDEN. Parliamentary inquiry, without authority from anybody. But Mr. SARBANES. Where is the word Madam President: How much time is the United Nations—— ‘‘only’’? under my control? The PRESIDING OFFICER. The 3 If the Senator will yield to me, I The PRESIDING OFFICER. Fifteen minutes yielded to the Senator from think the Senator—— minutes. Maryland has expired. Mr. LIEBERMAN. No. I think I will Mr. BIDEN. Madam President, I Mr. LEVIN. I wonder if the Senator just finish because I am taking Senator would be happy to yield time for the from Delaware would yield a couple BIDEN’s time. Senator to respond. minutes for me to answer. I am reassured but still puzzled about The PRESIDING OFFICER. The Sen- Mr. BIDEN. I am happy to. why you then have the second part of ator from Connecticut. The PRESIDING OFFICER. The Sen- your amendment, I say to Senator Mr. LIEBERMAN. I thank the Sen- ator from Michigan. LEVIN. And it is this: If you believe you ator from Delaware very much. Mr. LEVIN. This is a grant of author- are not saying the ‘‘only’’ way the I want to ask my friend from Michi- ity. The word ‘‘only’’ is not in there. President can use America’s military gan or my friend from Maryland to ex- The Senator from Connecticut sought forces to disarm Iraq, then why do you plain how you relate two parts of the to add it last night. require a return to the Congress for Levin amendment. One, yes, does say Mr. SARBANES. And again here. that authorization later? you affirm the right of the U.S. to self- Mr. LIEBERMAN. And I am adding It seems to me your affirmation of defense, but then, two sections lower, it—— self-defense is very broad, and in spell- it seems to me, you cut a very big ex- Mr. LEVIN. If I could finish my an- ing out the pursuant clause, you are ception, and you say ‘‘pursuant.’’ And swer, when the Senator from Con- limiting it. If you are not, then your because you say ‘‘pursuant,’’ I assume necticut, in 1991, introduced and sup- language is effectively a nullity.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10257 Mr. LEVIN. It is a very significant Mr. LEVIN. If I could complete that threat. He is enforcing a peace agree- section. What it says is, if the Presi- thought, this is a grant of authority. It ment in effect. He is enforcing, not pre- dent does not get the resolution and if is not a limitation of authority. That empting. And he is not responding to he cannot act in self-defense because is a critical difference which, as law- imminent threat. the threat is not imminent, then he yers, I think we understand. We are not I do not believe there is an imminent would come back to this Congress to saying what the President cannot do. threat in the next day or two or week seek unilateral authority. What the We are saying nothing in here is in any or a month. The reason why I oppose President has done is laid out a course way affecting the inherent right of self- my friend from the State of Michigan of action which says even though the defense. We are reiterating the inher- is because I believe there is an inevi- threat is not imminent, the President ent right of self-defense to avoid the table threat. We are either going to wants the authority to use unilateral kind of argument the Senator from have to react, if not tomorrow, we will action. Connecticut is now making, to pre- have to in the next 5 years. If this man As a matter of fact, the amendment clude the argument. It has not worked. is unfettered, with $2 billion per year which will be offered later on today by The Senator from Connecticut is still in revenues, on the course he is on, I Senator DURBIN will add the word ‘‘im- making the argument. But to make it guarantee you, we will be responding. I minent.’’ I am quite sure the adminis- clear that in no way are we affecting guarantee you, we will. tration and the sponsors of the under- the inherent right of self-defense, we Is it imminent now? No. Is al-Qaida lying amendment are going to fight reiterated that right. involved now? No. Is all this talk about very hard against adding that word Secondly, there is a grant of author- the likelihood of cooperation with ter- ‘‘imminent’’ which has always, under ity to act pursuant to a U.N. resolu- rorist groups a real immediate threat? international law, been required in tion. No. I don’t believe any of that now. But order to attack based on a theory of The PRESIDING OFFICER. The Sen- I do know we are going to have to ad- self-defense. ator has used an additional minute. dress it. So the question is, do we ad- So all our language does is protect Mr. LEVIN. Could I have 30 seconds? dress it now or do we wait a year or the opportunity for the President, in Mr. BIDEN. Sure. two or three. the absence of a threat which rises to Mr. LEVIN. If there is neither an im- The reason I oppose the amendment self-defense, an imminent threat which minent threat, which has been the tra- of my friend from Michigan is because would justify self-defense, in the ab- ditional definition of self-defense, if the basic premise upon which I began is sence of a U.N. resolution, it specifi- there is neither a threat which is im- consistent with where my friend from cally says, we are not going to adjourn minent, which would justify tradition- Connecticut began, and that is the sine die. This is too important. ally acting in self-defense, or if there is threat need not be imminent for us to If there is no threat that is immi- not a U.N. resolution authorizing mem- take action. That is because we would nent, if the U.N. does not act pursuant ber states to use force to go with those be enforcing Security Council resolu- to this resolution, we would say to the weapons of mass destruction, then we tions. That is authority we are about President, we will come back to con- are saying we will be in session to con- to delegate to the President. sider a unilateral authority. You don’t sider a Presidential request. I can understand why my friend from need it, if it is self-defense. You don’t The PRESIDING OFFICER. The addi- Maryland is upset about the way it is need it, if the U.N. acts. But if it is not tional time has been used. characterized by the Senator from Con- an imminent threat and the U.N. does Mr. SARBANES. Will the Senator necticut. not act, then we will be here to con- yield me 10 seconds? The bottom line is I believe if, in sider that request. Mr. BIDEN. Madam President, I yield fact, we do not get a U.N. resolution, Mr. LIEBERMAN. I thank my friend. myself 3 minutes of the remaining 9 we are in a position we were in with re- This exchange has clarified for me the minutes I have, and I yield 10 seconds gard to Kosovo. My friend from Ari- intentions of the amendment. If I may of that to my friend from Maryland. zona and I stood shoulder to shoulder briefly state it, you are saying the Mr. SARBANES. I thank the Senator on Kosovo trying to encourage the pre- President can only take—forgive me from Delaware. vious President of the United States to for using the word ‘‘only,’’ but I will I strongly commend the Senator use force against the Serbs in Kosovo. clarify it—action against, can only use from Michigan for how carefully I will submit for the RECORD at the ap- the Armed Forces of the U.S. to take thought-out and reasoned and con- propriate time, after we had gone action against the weapons of mass destructive his amendment is, as was just through an effort to get the U.N. to struction in Iraq without a U.N. resolu- reflected in the exchange which he had support it. The U.N. would not support tion if he determines the threat from with the Senator from Connecticut. it. And then we went. those weapons is imminent. Obviously, this amendment, which is The bottom line was, the Senator Mr. LEVIN. Is not imminent. before us and which I support, has been from Arizona and I felt strongly we had Mr. LIEBERMAN. If he determines very carefully thought through to deal to go. We had to move. Were the Serbs the threat is not imminent, then he with all these eventualities. I com- an imminent threat to the United cannot take action against those weap- mend the Senator from Michigan for it. States of America? No. Was it a threat ons without the U.N. resolution, unless The PRESIDING OFFICER. The Sen- to our security interests? Yes. The sta- he returns to the Senate. ator from Delaware. bilization of southeastern Europe. And Mr. LEVIN. We are not saying what Mr. BIDEN. Madam President, I rise so I think part of the thing that con- he cannot do here. This is an authority, to explain why three brilliant lawyers fuses people here—anyone listening to if I may repeat. can be all right at the same time—be- the debate, myself included, as part of I assume this is coming out of the cause they all started from a different the debate—is this notion of the place time of the Senator from Delaware; is premise, part of the confusion for the from which you began. that correct? debate that listeners will find on the I reserve the remainder of my time. The PRESIDING OFFICER. Yes. floor. Mr. FEINGOLD. Mr. President, I rise Mr. BIDEN. Then I will not yield any I join my friend from Arizona and my to briefly comment on Senator LEVIN’s more time. How much time do I have? friend from Virginia in being opposed alternative proposal relating to Iraq. The PRESIDING OFFICER. Who to this amendment, but for reasons dif- Some of my colleagues for whom I have yields time? ferent than theirs. Let me try to ex- tremendous respect have tried to ad- Mr. BIDEN. If I may, how much time plain as briefly as I can. dress the fact that the administration’s remains under my control? The point about whether or not there proposal is simply not good enough by The PRESIDING OFFICER. The Sen- needs to be an imminent threat to jus- emphasizing the desirability of a ator has 9 minutes. tify the President taking action is United Nations resolution, thus trans- Mr. BIDEN. I yield another 2 minutes what is at stake. I am of the school forming this dangerous unilateral pro- to the Senator to finish his answer, but that suggests the President need not, if posal into an internationally sanc- then I would want to speak briefly to the underlying amendment passes, tioned multilateral mission. But while this, if I may. have to show there is an imminent I recognize that international support

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10258 CONGRESSIONAL RECORD — SENATE October 10, 2002 is a crucial ingredient in any recipe for And nothing in the Levin amendment hausted short of war to enforce United addressing the weapons of mass de- prevents the Congress from authorizing Nations resolutions concerning Iraq struction threat in Iraq without under- force at a later date if the U.N. does and, second, that any attack against cutting the fight against terrorism, I not take action. Iraq take place as part of an inter- will not and cannot support any effort I urge my colleagues to support the national coalition. That is why I am to give the United Nations Security Levin amendment. I believe that it pre- pleased to cosponsor the amendment Council Congress’s proxy in deciding sents an excellent balance between the offered by my colleague from Michi- whether or not to send American men desire to contain and eliminate poten- gan, Mr. LEVIN, the Chairman of the and women into combat in Iraq. No Se- tial threats to American interests Armed Services Committee. curity Council vote can answer my while demonstrating leadership in the Before the United States wages war questions about plans for securing post-cold-war world, and the value of against Iraq, President Bush and the WMD or American responsibilities in devising a multilateral approach. Congress owe it to the young Ameri- the wake of an invasion of Iraq. It is Thank you and I yield the floor. cans who face death or injury in that for this reason that I must oppose the The PRESIDING OFFICER. The Sen- conflict to ensure that every effort has proposal of the distinguished Senator ator from Arizona is recognized. been made to obtain our ends without from Michigan. Mr. MCCAIN. Madam President, I be- endangering them. Every ounce of Mr. CORZINE. Mr. President, I rise lieve I have 3 minutes remaining. In all preparation must be taken to ensure a in support of the Levin amendment to due respect to the Senator from Michi- swift and efficient outcome should war the underlying resolution and am gan, as Paul Harvey would say, ‘‘Let’s become necessary. As another Presi- proud to be counted as a cosponsor. I hear the rest of the story.’’ The reason dent, Herbert Hoover, once said, ‘‘Older believe Senator LEVIN’s legislation rep- I said in 1991 that the U.N. Security men declare war. But it is youth that resents a rational and measured ap- Council should approve it is because must fight and die.’’ The burden is on proach to military action against the U.N. Security Council had already our leaders to justify why young men Iraq’s tyrannical regime. acted and approved. Never, at any time and women need to risk their future The Levin amendment emphasizes in my entire history, would I believe now. the importance of multilateralism and we are dependent upon the good will or Defense analysts suggest that any- understands that the cooperation of the approval or disapproval of the U.N. where from 100,000 to 400,000 troops will the world community is an important Security Council. So I resent, slightly, be necessary for an attack. There are component of American success in dis- the Senator from Michigan taking me already approximately 75,000 Reservists arming Iraq and in Iraq’s eventual re- out of context there. and National Guard troops on active construction. As I said in my state- The fact is, in Kosovo, if we took the duty, and even more may be needed to ment last night, if the world commu- same course of action the Senator from deal with the conflict in Iraq and Af- nity is not with us when we take off, it Michigan is contemplating now, when ghanistan while not degrading military will be hard to ask for their help when butchery and genocide was going on missions elsewhere in the world. An oc- we land. there, we would have waited until the cupation force in Iraq might require at Although the administration at Security Council acted, or didn’t act, least 75,000 troops plus a civilian coun- times appears to believe otherwise, and then we would have gone back into terpart to the military presence. The multilateralism is not an unnecessary session to determine what we should do Congressional Budget Office estimates inconvenience, but an important pre- about Kosovo. that the war will cost between $6 bil- condition for success not just for ac- How many thousands of people would lion to $9 billion a month on top of an tions to disarm Iraq but more impor- have been murdered, butchered, and initial deployment cost of $9 billion to tantly is prosecuting our war on ter- ethnically cleansed had we taken the $13 billion and that an occupation force rorism. We rely on other countries for same route that the Senator from would cost $1 billion to $4 billion per logistics, intelligence, and overflight Michigan is advocating on this issue, month. Remember in the first Persian rights. We have called on other coun- as far as Iraq is concerned? Gulf War, it was our allies who paid for tries to help cover the costs of previous All I have to say about this amend- the war. The cost of the war this time military engagements. And we rely on ment is—well, you can just read it: will be borne largely by the American other countries to provide peace- . . . will not adjourn sine die and will return treasury, unless we are supported by an keepers to help restore law and order to session at any time before the next Con- international coalition. With a bat- around the globe, including most re- gress convenes— tered economy, it will be difficult to cently in Afghanistan. And we most Et cetera, et cetera. If that isn’t a fund two wars at once for an indefinite certainly depend on the 90-odd coun- dictate by the action of the U.N. Secu- period of time. Already our funds are tries in our global coalition to combat rity Council, nothing is. stretched. The head of the U.S. Special terrorism at home in the post 9–11 gov- We have come a long way. John F. Operations Command has indicated ernment. Kennedy, on October 22, 1962, said this: that he requires an additional $23 bil- However, if we adopt a unilateral ap- This Nation is prepared to present its case lion over the next 5 years to maintain proach, we undermine cooperation of against the Soviet threat to peace and our his global responsibilities. the world community we have so often own proposals for a peaceful world at any The need to justify such a course of enjoyed. time, and in any forum, in the Organization action is particularly critical in the Furthermore, the Levin amendment of American States, in the United Nations, case of Iraq as President Bush is advo- wisely stops short of codifying the or in any other meeting that could be useful, cating a preemptive strike against a Bush preemption doctrine, a dangerous without limiting our freedom of action. potential threat to the American and reckless new development in The Levin amendment limits our homeland. Traditionally, America has American foreign policy. freedom of action and contradicts the never sought war by striking first nor Many countries have adversaries who words of John F. Kennedy at the time has America eagerly sought foreign en- they believe present continuing of the Cuban missile crisis. tanglements. This would be a preemp- threats, maybe even imminent threats, I reserve the remainder of my time. tive war and one in which we could to their security. If we establish a The PRESIDING OFFICER. Who have few allies. Not since the Spanish- precedent of preemption, how in the fu- yields time? American War would the United States ture can we criticize Russia for attack- Mr. LEVIN. Madam President, I yield be fighting a war so far from our bor- ing Georgia, stop India from taking ac- 6 minutes to the Senator from Hawaii. ders with so few friends. tion against Pakistan, or oppose a Chi- The PRESIDING OFFICER. The Sen- As we consider this war, we must also nese invasion of Taiwan in the court of ator from Hawaii is recognized. consider the implications of what we world public opinion. Mr. AKAKA. Mr. President, I rise to are doing. Saddam Hussein is not the Nothing in the Levin amendment express my support for a resolution au- only dictator who oppresses his people, precludes unilateral action by the thorizing the use of force against Iraq. attacks his neighbors, and is devel- United States in self-defense where im- I do so with two cardinal prerequisites: oping weapons of mass destruction minent and immediate threats exist. first, that all possible means be ex- (WMD). North Korea’s Kim Jong Il,

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10259 Libya’s Muammar Qadhafi, Iran’s Aya- chemical weapons left over from World have such a plan for Bosnia and we are tollah Khamenei, Syria’s Bashar al- War I in the backyards of homes in late to develop one in Afghanistan. Our Asad, and others, all pose threats or Washington, D.C. Nor have our troops objectives in Iraq have not yet been have posed threats to American inter- in Afghanistan, despite heroic efforts, made clear: is it our goal to occupy ests. All are known for their human been able to eradicate every al-Qaida Baghdad and if so, for how long? A rush rights abuses. operative. to battle without a strategy to win the American troops stand eye to eye But what aggressive inspections can peace is folly. with North Korean troops on the DMZ. do is destabilize the Iraqi WMD pro- General Hoar observed that ‘‘there Libyan agents blew up an American gram, keep it bottled up, frustrate ef- has been scant discussion about what commercial aircraft; Iran has impris- forts at gaining new technologies and will take place after a successful mili- oned American diplomats; and Syria additional supplies, and force Iraqi tary campaign against Iraq. The term has supported terrorist groups who technicians to hide and keep moving ‘‘regime change’’ does not adequately have attacked and murdered Ameri- constantly. It will not be disarmament, describe the concept of what we expect cans. All have or are developing weap- but, if implemented effectively, it will to achieve as a result of a military ons of mass destruction, including nu- be dismemberment of the Iraqi WMD campaign in Iraq. One would ask the clear weapons and missiles to deliver program, splitting it in parts and pre- question, ‘‘Are we willing to spend the them. Some of these countries may al- venting it from becoming whole. time and treasure to rebuild Iraq and ready have nuclear weapons. Some A new inspection regime has to be its institution after fighting, if we go it have attacked—directly or indirectly very aggressive, receive considerable alone during a military campaign? Who through support for terrorist groups— support from the United States and its will provide the troops, the policemen, their neighbors. In the case of Iran, re- allies, have a fixed set of dates for the economists, the politicians, the ju- cent reports indicate that it is shel- marking compliance, and be backed by dicial advisors to start Iraq on the road tering and assisting al-Qaida leaders. the threat of war. Iraq’s record of evad- to democracy? Or are we going to turn In the case of other countries, we are ing inspections is well documented. the country over to another thug, who working diligently, through bilateral Benchmarks for compliance will re- swears fealty to the United States?’’ and multilateral diplomacy, to con- move wiggle room for countries who As General Shalikashvili stated in strain their efforts to develop weapons argue for a softening of sanctions pro- testimony before the Armed Services of mass destruction. However, in re- visions. Putting in place an aggressive Committee, ‘‘we were very fortunate in gard to Iraq, the President argues that new inspection regime is not an insub- Afghanistan that in fact a government, Saddam poses a unique threat. His ar- stantial achievement, and it does not interim government, emerged that gument is convincing concerning the undermine necessary preparations to seemed to have a modicum of support extent of devastation that Saddam has develop an effective war-fighting strat- from its people. . . . We should not wreaked on his own people and his egy and strengthen international back- count on being lucky twice.’’ Nor can neighbors. He is truly, as the President ing for a conflict. we count on Iraq’s oil funding recon- notes, a ‘‘homicidal dictator,’’ but he is Defense Secretary Rumsfeld and oth- struction if wellheads are blown up as not the only dictator addicted to devel- ers in the administration tell us that they were by retreating Iraqi forces in oping weapons of mass destruction. Nor time is not on our side. But we must Kuwait. is the policy solely a choice between make the time to ensure that we mini- Experts indicate that American invading Iraq or standing hopelessly by mize American casualties. Time is not troops will need to remain inside Iraq while Saddam becomes ever stronger. on Saddam Hussein’s side either. Our for many years in order to ensure sta- Since the Persian Gulf War, we and our patience has been exhausted and a new bility. Iraq will require extensive eco- allies have worked to make Saddam U.N. resolution must be firm in its nomic assistance. As the current situa- weaker and, according to all reports, deadlines. Some in the Administration tion in Afghanistan indicates, the proc- including that of our own military, believe Saddam’s hold on those respon- ess of restoring viability to a nation— Saddam’s military capability is much sible for guarding him is so tenuous nation-building—after years of repres- less now than it was in 1991. that in the event of an attack, they sion is a difficult one and made more Congressional testimony, reports by will turn on him and overthrow him. difficult by the inability of other na- the intelligence community and out- The current discussion about Iraq tions to sustain their support in the ef- side analysts, state that Iraq’s WMD has obscured the successes of American fort. Violent attacks are on the in- capability is much less now than it was policy toward Iraq. A recent Congres- crease in Afghanistan. Afghan officials before the Gulf War. A recent CIA pub- sional Research Service report by its have received only about half of the lic report states that Iraq’s chemical distinguished Middle East expert, Ken- $1.8 billion in aid promised last Janu- weapons capability ‘‘is probably more neth Katzman, observes, the United ary. A study by the Army’s Center of limited now than it was at the time of States ‘‘has largely succeeded in pre- Military History has concluded that we the Gulf war . . . ’’ Although it is prob- venting Iraq from reemerging as an im- would need to commit 300,000 peace- able that Iraq’s biological weapons pro- mediate strategic threat to the re- keeping troops in Afghanistan and gram is more advanced than it was be- gion.’’ A British Government intel- 100,000 in Iraq if we are to have an im- fore the war, its delivery capability, ligence report notes that the ‘‘success pact comparable to that which we had according to the respected London- of U.N. restrictions means the develop- in reconstructing Japan and Germany based International Institute for Stra- ment of new longer-range missiles is after the war. tegic Studies, ‘‘appears limited.’’ likely to be a slow process.’’ The consequences of a long-term I agree that we must neutralize If war becomes inevitable because American occupation of Iraq needs to Iraq’s WMD threat. The question is Iraq refuses to give inspectors the lib- be carefully weighed. Anthony how to do that most effectively while erty they need to perform their mis- Cordesman, an analyst with the Center minimizing the loss in American lives. sion, then the United States must have for Strategic and International Stud- The argument that an inspection sys- an effective military strategy for fight- ies, has observed, ‘‘there has been a tem cannot guarantee the elimination ing a war. ‘deafening silence’ from the Adminis- of Iraq’s WMD program is certainly Great uncertainty surrounds the tration about how Iraq will be run true but misses the point. There are President’s post-war strategy. Remem- after Hussein.’’ Historically, the few absolutes in this world. Defense ber the day the war ends, Iraq becomes United States has had a poor record in Secretary Rumsfeld insists that we our responsibility, our problem. The the Middle East. We supported Iraq in need American troops on the ground, United States lacks strategic planning its war against Iran. rummaging through every Iraqi nook for a post-conflict situation. Retired Nor does eliminating Saddam nec- and cranny for evidence of WMD. Even General George Joulwan recently said essarily mean that the Iraqi people will with our troops doing so, there would that the U.S. needs ‘‘to organize for the welcome American occupiers or that be no guarantee that every item would peace’’ and design now a strategy with they will have democratic leaders to be uncovered or how long it would ‘‘clear goals, milestones, objectives.’’ govern. Secretary Rumsfeld asserts take. We are still finding traces of General Joulwan argues we did not that he trusts the Iraqi people will be

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10260 CONGRESSIONAL RECORD — SENATE October 10, 2002 inspired to form a new government. following an attack. The General Ac- U.S. embassy burned down in every But can we be assured that it would be counting Office recently testified that Muslim country in the world. He went a democratic government or a demo- 250,000 defective protective suits for security reasons. cratic government that is pro-Amer- against a chemical or biological attack My only disagreement with my friend ican? Can we be assured that the new cannot be located and may remain in from Michigan is I do not think we regime will be committed to getting current Pentagon inventories. need a two-step process. We should go rid of Iraq’s weapons of mass destruc- We must take the threat of an Iraqi to the United Nations, and the Presi- tion, especially as Iraq’s traditional ad- chemical or biological attack very seri- dent says we should go to the United versary, Iran, has an even more ad- ously. According to the British Govern- Nations. We should seek the authority vanced program of weapons of mass de- ment’s White Paper on Iraq, Iraq chem- to enforce the inspectors in disarming struction? ical weapons caused over 20,000 casual- weapons of mass destruction. And if he Even though our military forces may ties in the Iran-Iraq War. Iraq used fails, my friend says come back and get be equipped to fight a war in Iraq and sprayers, bombs, artillery rockets, and authorization to proceed anyway. I am a war on terrorism in Afghanistan, artillery shells to deliver these weap- prepared to give him the authorization there is a significant price to be paid. ons. Thousands of rockets and artillery now. That is the only disagreement we In his testimony before the Senate shells filled with chemical weapons re- have. Armed Services Committee, General main hidden in Iraq’s arsenal. I would disagree with those who Richard Myers, Chairman of the Joint Haste makes waste, affirms the argue against my friend from Michigan Chiefs, noted that certain unique units, adage, and in this case, haste means a saying that by his making this contin- such as intelligence platforms, com- waste of American lives. We may have gent of going to the United Nations mand and control assets, and Special an all-volunteer force but they are not first, he is in no way yielding to Amer- Operations Forces would need to be mercenaries; they are citizen-soldiers ican sovereignty, any more than the prioritized if the war on terrorism ex- and we owe it to each and every one of President has. panded. Richard Solomon, former As- them and their families to proceed In the underlying resolution, it re- sistant Secretary of State in the first carefully when endangering their lives. quires the President, in effect, to go to Bush Administration, refers to the Preparation is not the same as pro- the United Nations and exhaust all di- ‘‘danger of over-stretch’’ in which the crastination. plomacy. Nobody has suggested the President United States assets are deployed in Constituent opinion in my home of the United States has yielded our multiple nation-building enterprises state is running strongly against any sovereignty. No one should suggest the and are not able to respond if another authorization of the use of force Senator from Michigan is, either. crisis erupts. against Iraq. The President and his Ad- Mr. WARNER. Will the Senator yield All of these concerns point to the im- ministration need to make a clear and for a brief question? portance of international support as a compelling case to the American peo- Mr. BIDEN. My time is up. critical ingredient of both our war- ple and to our allies abroad as to why The PRESIDING OFFICER. The Sen- fighting and our peace-making strat- this confrontation is necessary now. ator has 20 seconds. egy. Without the imprimatur of the For that reason, Mr. President, I sup- Mr. WARNER. The Senator raises a international community, the Presi- port efforts to frame a multilateral ap- key point on which I was going to con- dent’s war will be seen as a private proach to rid Iraq of its weapons of clude, and that is, as we are debating, vendetta by the United States. mass destruction. I support action by the Secretary of State is working be- The President was right to frame his the United Nations in the form of a res- fore the U.N. Security Council. speech at the United Nations in the olution calling for unconditional and Mr. BIDEN. Correct. context of restoring credibility to the unfettered inspections in Iraq. Only Mr. WARNER. He has made it clear United Nations through enforcement of after we exhaust all of our alternative to the Senator from Delaware, I am its resolutions. This is the essential means should we engage in the use of certain, as he has made it clear to me, context of this conflict but it can be force, and before then, the President that the two-step process will not validated as such only if the inter- must ensure we have a strategy and achieve the goals a coalition of nations national community joins it. Regional plans in place for winning the war and now working—Great Britain and the support will provide an allied force building the peace. United States—desire to achieve; am I with the forward basing needed to I yield the floor. not correct? mount a large-scale attack. Right now Mr. BIDEN. Madam President, how Mr. BIDEN. Yes, with one caveat. He no country in the region contiguous to much time do I control? has expressed to me his ability to Iraq is volunteering to host American The PRESIDING OFFICER. The Sen- achieve a tough resolution would be en- troops in a war. International support ator has 2 minutes remaining. hanced by our not making it a two-step will help dampen hostility toward the Mr. BIDEN. Madam President, I yield process. But he personally has told me United States by the peoples of the re- myself the remainder of my time. and my committee he would consider gion and help build support among the The reason to go to the U.N. Security and the President would consider a Iraqi people. International support for Council does not relate to sovereignty, U.N. two-step process if they had to. the post-war, peace-making phase of it relates to security, and the security The reason for my saying not two steps the operation will reduce the American of the United States based upon the no- now is it strengthens his hand, in my military’s footprint and decrease the tion the President of the United States view, to say to all the members of the need for American financial resources. has recognized when he said he thought Security Council: I just want you to Secretary Rumsfeld has testified that it was necessary to go to the U.N. Se- know, if you do not give me something the United Nations or an international curity Council. strong, I am already authorized, if you coalition will run Iraq after Saddam. I think the arguments made against fail to do that, to use force against this For that to be the case, the United Na- the first part of the Levin amendment fellow. tions or some ad hoc international coa- are specious. Why did the President of Mr. WARNER. That is right. Were we lition will have to be formed before the the United States go to the Security to act now, we would substantially re- war. Council? Was he yielding our sov- duce his leverage and ability. The President also must ensure our ereignty? No more than our friend from Mr. BIDEN. In response, I cannot troops are properly prepared. Recently, Michigan is ‘‘yielding our sov- honestly say substantially reduce it. I the Pentagon’s Deputy Assistant Sec- ereignty.’’ think it will reduce it some. This reso- retary for Chemical and Biological De- The President went to the U.N. be- lution, for example, reduces the possi- fense stated that American troops are cause, as one White House official said bility of getting a strong response com- not ‘‘fully equipped and prepared’’ to me, he had to do so. Why? For our pared to what Lugar-Biden would have against a bio-chem attack. Decon- security interests. If we did not go to done. The truth is it is marginal. Ev- tamination shelters are reported to be the U.N. Security Council and check eryone has to make their own judg- in short supply as is the off the blocks, the moment any force ment. I think it would reduce his abil- decontaminant foam used to clean up crossed into Iraq, we would find every ity. I would be hard pressed to say it

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10261 was substantial. He has a stronger The PRESIDING OFFICER. The Sen- United Nations. The U.N. Security hand having the authority granted to ator from Vermont. Council has responded with vigorous him after he exhausts the U.N. out- Mr. WARNER. Madam President, I debate, and is considering a strong U.S. come to say to them: Look, if you do should point out it also includes the re- proposal for enforcement of a strict not give it to me, I now have the au- turn of an American prisoner, an ac- U.N. inspections regime. I urge the Se- thority to move. counting of him. curity Council to act now, and act deci- Mr. WARNER. I say, Madam Presi- Mr. LEVIN. That part I support. sively. dent, the distinguished majority leader Mr. WARNER. Fine. The Levin amendment puts us said Congress should speak with one The PRESIDING OFFICER. The Sen- squarely behind this United Nations ef- voice. We have in our resolution—you ator from Vermont. fort. It is the only language that does recognize the problem of one body. Mr. JEFFORDS. Madam President, so. It is critical that we give the U.N. This is a total substitute amendment. the vote on the Levin substitute our full support at this time, and give It strips out everything. As the Sen- amendment is one of the most impor- the Security Council the opportunity ator from Delaware knows, I say to the tant votes we will cast in this process. to take bold action as proposed by the distinguished chairman, the Levin res- I commend the Senator from Michigan United States. If we undercut the olution just takes part of 687. It does for his fine work on this alternative. United Nations here today, we are de- not incorporate the previous resolu- The Levin amendment urges the priving ourselves of the best chance to tions, the 16 which we have time and United Nations to take strong and im- peacefully achieve the most important again on this floor said Saddam Hus- mediate action to pass a resolution de- goal of disarming Saddam Hussein. sein has ignored. manding unrestricted access for U.N. As the world’s lone super power, we I say to my friend, it is very impor- arms inspectors in Iraq. It also urges need a partner in the United Nations. tant, as the leader said, that Congress the United Nations to press for full en- Many of the critical tasks before us are speak with one voice, and the only way forcement of its prior resolutions on actually international tasks. For in- to do that is to retain our Lieberman- Iraq. The Levin substitute language stance, degradation of the environment Warner-McCain-Bayh amendment and makes it clear that the United States is a global problem and requires a glob- not have a substitute. will stand behind the U.N. Security al solution. The crisis of climate I yield the floor. Council, even authorizing the use of change can hardly be addressed by the Mr. BIDEN. Madam President, I ask U.S. military force to support the Se- United States alone. Improving the unanimous consent to proceed for 30 curity Council directives if necessary. quality of our water and air requires seconds. At the conclusion of World War II, internationally coordinated efforts. The PRESIDING OFFICER. Without the United States had a vision of a objection, it is so ordered. Economic, employment and health world body that would be a forum for problems are increasingly becoming Mr. BIDEN. Madam President, if the resolving future disputes with means President attempts to take this Nation global issues, as people move across na- other than war. There were many im- to war over Kuwaiti prisoners, I hope tional boundaries in search of jobs and portant initiatives that needed multi- to God that is not what you all mean opportunity. We need a strong partner lateral coordination by an inter- by this underlying provision. If this in these efforts, and the United Nations national body. For more than half a President attempts to take this Nation system is our best hope. century, the United States has poured to war over return of Kuwaiti property, We are becoming increasingly aware diplomatic energy and considerable re- if this President attempts to take this of the disparities in the economic sources into the United Nations sys- Nation to war based on this authority wealth and use of resources around the tem. During the cold war years, the for any reason—any reason—other than globe. Addressing these problems will U.N. languished, weakened by the divi- weapons of mass destruction, I will be require a great deal of creative think- sive United States-Soviet confronta- on this floor every day taking issue ing and financial resources. While we tion. But following the demise of the with this President attempting to stop are the world’s strongest nation, we Soviet Union, the United Nations has the war. I cannot fathom anyone sug- cannot solve these problems alone. Nor regained considerable authority, and as gesting that Kuwaiti prisoners warrant do we want to. We need a strong part- the world’s lone superpower, the us going to war. This is about weapons ner in this effort. A reinvigorated United States is now finding that it of mass destruction, in this Senator’s United Nations is the most likely has considerable use for the United Na- view. venue for progress. The PRESIDING OFFICER. The Sen- tions. The spread of weapons of mass de- Our decade-long struggle with Sad- ator’s time has expired. struction has clearly become a threat Mr. WARNER. Madam President, I dam Hussein is one example of how to our national security. There is much totally reject there has been any infer- working with the United Nations more that the United States can do to ence on this side of such a nature, but serves our interests. We partnered with stop this proliferation. But in order to we do incorporate in the preamble the the United Nations very effectively have much success at these efforts, we other resolutions, and I think it impor- during the Persian Gulf War. Sanctions must work in concert with the inter- tant they be incorporated. have prevented any significant rebuild- national community. We need a strong The PRESIDING OFFICER. Who ing of Iraq’s conventional military ca- United Nations as a partner in this ef- yields time? pabilities. We maintain U.N. no-fly fort. The Senator from Michigan. zones over Iraq that have restricted The effect of the Levin substitute is Mr. LEVIN. Madam President, I yield military reprisals against the Iraqi to give the United Nations a chance to myself 15 seconds. There may not be an Kurds and Shiites. United Nations in- prove it is up to the task. If we are to inference in their rhetoric, but there is spectors on the ground in Iraq learned have a strong and effective partner in more than an inference in the resolu- a great deal about Iraq’s weapons of confronting the many problems facing tion they support. It says resolutions mass destruction program immediately the United States, then we must stand of the U.N. It identifies them all, in- following the gulf war. But things fell squarely behind the United Nations cluding the one on Kuwaiti prisoners. I apart in subsequent years. today. I urge my colleagues to support am afraid while they may want to ig- Once again, we need a strong United the Levin amendment. nore the language in their own resolu- Nations to step up to Saddam Hussein. Mr. President, I yield the floor. tion, that is more than an inference The United Nations must take the lead The PRESIDING OFFICER. Who that is there; that is authorized there. in enforcing its demands that Iraq give yields time? It is amazing to me that language is up its biological and chemical weapons Mr. LEVIN. I yield 3 minutes to the inserted into my resolution, which is stockpiles and production capabilities. Senator from Illinois. not there, by the opponents of my reso- The United Nations also demanded The PRESIDING OFFICER. The Sen- lution, while ignoring the language in that Iraq dismantle its nuclear weap- ator from Illinois. their own resolution which is there. ons program. I am pleased that last Mr. DURBIN. Madam President, I I yield 3 minutes to the Senator from month, President Bush decided to take rise in support of the Levin resolution. Vermont. his case against Saddam Hussein to the I salute my colleague from the State of

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There is no one who wants to ig- minishes in any way whatsoever the other countries we are not going to nore the peril which that man could power of the President of the United have access to their bases, their air- pose to the Middle East or to the States to defend this country, its peo- space, their support, unless there is a United States of America. But what ple, its territory, its Armed Forces, U.N. resolution. We have been informed Senator LEVIN is suggesting is, frankly, against any threat of aggression. That of that. to follow what the President is sug- is part of what we expect of the Com- We know that the war against ter- gesting. mander in Chief, the President, and rorism can be weakened unless we act On September 12, President Bush Senator LEVIN preserves and protects as a world community. We cannot act went to the United Nations and he said that. unilaterally and expect that other na- to them, if their organization means I urge my colleagues to support the tions are going to join us in a war on anything, then they have to stand up Levin amendment. The Levin amend- terrorism the way they would if there to this man. We have to have uncondi- ment is the best way for us to approach were a U.N. resolution supporting it. tional inspections. For 5 years we have this challenge. If we go it alone, there are both been standing by the sidelines, and we The PRESIDING OFFICER. The Sen- short-term risks as well as long-term want to know what is happening in ator’s time has expired. risks. The long-term risks in going it Iraq. The Senator from Arizona has 1 alone are that without an imminent Senator LEVIN says that is the first minute. threat—if there is one, we can move in place we should go, and I agree with Mr. MCCAIN. Madam President, I self-defense. No U.N. resolution is ever him. And it is not as if the United Na- may be in the debate on the Durbin needed to act in self-defense. But to act tions has ignored this. Secretary of amendment. We can discuss the com- without an imminent threat, to attack State Colin Powell, a man I respect parison between this situation and another nation, raises some significant very much—one of the leaders in this Kosovo. The United Nations Security precedent problems for other threat- administration—has been in New York Council never acted in Kosovo. The ening parts of the world. India and working with the United Nations for United States of America was not im- Pakistan can easily say there is a con- this resolution. That is the best course minently threatened—was not threat- tinuing threat and use this kind of a of action. To have the United Nations ened—but genocide was going on in precedent to justify attacking each behind us, as President Bush’s father Kosovo where thousands of people were other. That is not the kind of prece- had the United Nations behind him in being ethnically cleansed. If we had dent we should set. the Persian Gulf war, to have a coali- passed the Levin amendment at the So there are real risks that we should tion of allies representing countries time of Kosovo, when those of us sup- recognize in using force unilaterally. from all around the world; countries ported then-President Clinton, we We should see the advantage of doing that have joined us in the war on ter- would have waited to find out whether this multilaterally with the support of rorism would now join us in a meaning- the Security Council acted or not and the world community. We should go to ful inspection regime in Iraq. That is then we would have come back and the world community, focus all of our what Senator LEVIN suggests. considered whether Kosovo was a efforts there, and tell them we are seri- What a contrast it is from the Presi- threat to the United States of America. ous. dent’s own resolution. The President’s Kosovo is not today, was not then, and We say we are. Let’s mean it, not just resolution talks about continued dis- will not be tomorrow a threat, but the say that we want them to be credible cussion with the United Nations. But United States of America had an obli- but mean it, and to tell them in ad- make no mistake, the President’s reso- gation, and because the United Nations vance: Oh, by the way, if you do not do lution gives him unconditional, go-it- Security Council did not act did not it, we will anyway. alone authority to launch a land inva- hamstring us. It takes them right off the hook. In- sion in Iraq with or without an ally. The reading of this amendment says stead of putting a focus on the need for There is a world of difference between the Congress will come back into ses- world community action to authorize what Senator LEVIN and I support and sion in case of certain Security Council this action and the advantage of it, our what the President has asked for. actions. There is no other way to read focus becomes blurred. It is an incon- Doesn’t it make more sense for us to it. This amendment should be resound- sistent message to the world. Now it is work with the United Nations for un- ingly defeated. a message of unilateralism. We say: We conditional inspections to make cer- I yield the floor. need you, but whether you do it or not, tain we have inspectors on the ground The PRESIDING OFFICER. The Sen- we are going it alone. looking at every square inch of Iraq, ator from Michigan controls the re- This resolution—and here I must say and if there is resistance from Saddam maining 5 minutes. I agree with my friend from Arizona. Hussein, if he obstructs us, if he cre- Mr. LEVIN. Madam President, that He agrees with me that it would be bet- ates obstacles, we then have the force Saddam Hussein is a threat, must ter if we got authority from the U.N., of the United Nations behind us in en- agree to inspections and be disarmed is and I am glad he does. And then when forcement? We do not stand alone. We something on which I hope we all he says we must not delegate our secu- stand with other nations and with the agree. The only question here is: What rity policy to the U.N., I agree with United Nations. That is what President is the best way to do that? Do we do him. We never will; we never would. Bush’s father did, and it was the right that by going to the world community, This resolution explicitly eliminates thing to do. That is what we should do as the President has, and saying we any such implication by the reiteration because, frankly, bringing this force want the world community to enforce of the right to act in self-defense. together is a validation of this organi- its resolution relative to weapons of Mrs. BOXER. Will the Senator yield zation, the United Nations, which the mass destruction? And do we mean it? for a question? United States, as much as any other Do we go there, and are we serious Mr. LEVIN. I would be happy to yield nation in the world, helped to create. when we say to them: We want you to for a question. How much time do I After World War II, we said: Let’s act because it makes a difference, when have remaining? come together in collective security to force is used, as to whether or not it The PRESIDING OFFICER. The Sen- work together to solve the problems of has the credibility and strength of the ator has 50 seconds. the world and to deal with war and United Nations and the world commu- Mrs. BOXER. This is a quick ques- peace. nity behind it? It makes a difference. tion. Some of our colleagues on the Time and again, in over 100 in- It did not make a difference in other side have basically said the Sen- stances, the United Nations has risen Kosovo. It makes a difference here. The ator is relying totally on the United

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10263 Nations. I have read the Senator’s reso- amendment. For reasons he knows, he The PRESIDING OFFICER. The Sen- lution over and over. He is so clear on decided not to do so. He indicated he ator from Pennsylvania. the point that at any time the Presi- had second-degree amendments that he Mr. SPECTER. Mr. President, I have dent can take action in self-defense wanted to pin to some of the amend- sought recognition to respond to the and, in addition, at any time the Presi- ments, that the arrangements were Senator from Nevada, over the Senator dent can come back and make the case made to not be part of the proceedings from Virginia, because what the Sen- for unilateral action. Am I correct on today. ator from Virginia has said and what that reading, that at any time he can I also say to my friend, the senior the Senator from Arizona has said does come back and answer the questions he Senator from Pennsylvania, he said: not bear on this issue. has yet to answer and lay out what it Well, I will not agree to any of your I am not upset. I think I have been would mean to us to go it alone? Is unanimous consent requests. treated unfairly. I did not offer a first- that correct? I don’t make unanimous consent re- degree amendment to the so-called Mr. LEVIN. The Senator is very quests for me. Rarely. I bet out of 100 Biden-Lugar amendment because I had much correct. I thank the Senator for unanimous consent requests, there is expected Senator BIDEN to offer that the support and for her kind words ear- not three-tenths of 1 percent that I amendment. He did not do so up until lier this afternoon. make for myself. I will try during this 1 p.m. yesterday. Having found that Madam President, is there any time vote and the rest of the evening to see out, I consulted with the Parliamen- remaining? if we can work something out for the tarian and found out that I could offer The PRESIDING OFFICER. The Sen- Senator from Pennsylvania that will a second-degree amendment to some ator has 3 seconds. satisfy him. We always try to do that. seven pending first-degree amend- Mr. LEVIN. I yield back the entire Both the majority and the minority ments. I worked it out very carefully length of my remaining time. floor staffs work very hard. We will try and elaborately with the Parliamen- The PRESIDING OFFICER. The Sen- to do that. I don’t want him upset and tarian this morning. The word was out ator from Nevada. disappointed. that I was offering the Biden-Lugar Mr. REID. Madam President, I ask I want the RECORD to indicate that amendment. unanimous consent that I be allowed to what they did last night was for the Other Members of the Senate from speak. good of this body. We did our best. It the other side of the aisle approached The PRESIDING OFFICER. Without may not have been a perfect arrange- me, liked the fact I was doing it, and objection, it is so ordered. ment, but I think it was fair. Senators wanted an opportunity to vote on it. I Mr. REID. Madam President, my were allowed to offer an amendment got a call from a ranking member of good friend, the senior Senator from and in exchange for that they withdrew the State Department saying the White Pennsylvania, has questioned some of the others. Technically, they didn’t do House was concerned that I offered the the things I have done today. I am dis- that last night. I didn’t do it on their amendment. The word was out that I appointed he feels that way. behalf. We did it this morning. It is had moved ahead to offer the Biden- Last night we worked for a long pe- done. That was the fair thing to do. Lugar amendment as a second-degree riod of time. It was not a matter of I repeat for the second time that I amendment. I had done that because, minutes; it took a long time. The Sen- will be happy to work with the Senator after extensive conversations with Sen- ator from Virginia, the Senator from from Pennsylvania to see if we can ar- ator BIDEN last week, I had decided to Arizona, the Senator from Connecticut, rive at the conclusion he wants. We cosponsor it. When it was not offered, I and others, including the people offer- will see what we can do. decided to offer it. I was under no illu- ing these amendments—I personally Mr. MCCAIN. Will the Senator yield? sion of its being successful. It seemed spent time on the phone calling Sen- Mr. REID. I would be happy to yield. to me on a matter of this importance, ators who had amendments. The result, Mr. MCCAIN. Along with the Senator going to war, that matter ought to be after a long period of time, was that from Virginia, the Senator from West before the Senate. So I worked it out. Senators who have amendments—Sen- Virginia, and other Senators, negotia- When I walked off the floor, I was told ator BOXER, Senator DURBIN, Senator tions were conducted in good faith, in by an aide that the Senator from Ne- LEVIN, Senator BYRD—we worked out fairness, with full consultation. Many, vada had asked unanimous consent to an arrangement where they could offer many Senators are unhappy that they withdraw not only the Levin amend- their amendments. Senator DAYTON al- were unable to perhaps propose more ment, the Durbin amendment, and the ways was going to offer his amendment amendments or perhaps do other Boxer amendment, but also the Dayton and he withdrew it and decided not to things. amendment. That was done in my ab- offer it. His was nongermane. I attest to the fact that the Senator sence. I thought that was unfair. I ap- In an effort to get this done, we al- from Nevada, fulfilling his duties of proached the Senator from Nevada and lowed some amendments to be voted on getting this legislation achieved with said so. It seems to me that I ought to today that were nongermane. That is the consideration due every Senator, in have an opportunity to offer that how compromises are made in legisla- my view, did a fair and unbiased job. amendment. tion. As part of the deal, the Senators I thank the Senator. Now, I read the RECORD from last who had other amendments would The PRESIDING OFFICER. The Sen- night that is referred to with respect to withdraw those amendments. There ator from Virginia. three of the Senators, Senator LEVIN, was clearly never any question about Mr. WARNER. I associate myself Senator BOXER, and Senator DURBIN. that. It is in the RECORD last night, with the—— Senator DAYTON is not mentioned. I ‘‘and they will offer no other amend- Mr. SPECTER addressed the Chair. know he has the right to withdraw the ments tomorrow.’’ Mr. WARNER. The leader is to be amendment. Senator DAYTON does not In the rush of things, they were not recognized. like the resolution. Perhaps he would withdrawn last night. They should The PRESIDING OFFICER. The Sen- not have. There is an issue as to wheth- have been. They were not. Just like the ator from Virginia is the manager and er Senator DAYTON’s amendment was problem we had with Senator BYRD is recognized. germane. I am advised by the Parlia- today, he understood there was a unan- Mr. WARNER. I associate myself mentarian that my second-degree imous consent request that had never with the remarks of my colleague, Mr. amendment being germane cures what- been made that was in the RECORD. MCCAIN. I attest to the accuracy of the ever infirmity there may be on the First, we did not need consent to statement the Senator made. Dayton first-degree amendment. withdraw this. Every Senator had the I further add that the distinguished I have been in this body for 22 years, right on their own to withdraw this. Republican leader, Mr. LOTT, from time and I do not think I have objected to That is a right. They did not need to time visited with the floor man- any unanimous consent agreement. unanimous consent. agers, so he, likewise, was very much However, there are plenty of Senators My good friend who understands the aware of the procedures. who do. I am not talking about the per- rules as well as anyone here had the Mr. REID. I kept the majority leader centage the Senator from Nevada offers right at any time to file a first-degree advised of everything that we did. on his own behalf. This is part of my

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10264 CONGRESSIONAL RECORD — SENATE October 10, 2002 objection to the way this entire debate the Senator from Delaware, Mr. BIDEN, I yield the floor. is being run. There is cloture filed. I controls 10 minutes; and Senators WAR- The PRESIDING OFFICER. Under understand the rules. Seventh-five Sen- NER and MCCAIN share 15 minutes. the previous order, the Senator from Il- ators voted against it. I have already Mr. WARNER. Mr. President, we are linois is recognized to offer an amend- heard comments from some who voted ready to proceed. I would like to just ment. against it who are sorry they did so. address the Senate momentarily, and I Mr. DURBIN. Mr. President, if I am We are about to go to war and a Sen- say to my distinguished friend and not mistaken, the Senator from Mis- ator does not have a right to offer an floor leader, that on this side, the fol- sissippi was seeking unanimous con- amendment. A unanimous consent lowing Senators have indicated a desire sent to speak at this time. I yield to agreement is asked in my absence and for some time to speak: Senator him before I call up the amendment. I do not think that is fair. DEWINE, Senator COLLINS, Senator The PRESIDING OFFICER. The Sen- I yield the floor. SPECTER, Senator SESSIONS, Senator ator from Mississippi. Mr. WARNER. I ask for the yeas and ENSIGN, Senator SMITH, Senator Mr. COCHRAN. Mr. President, over nays. MCCONNELL, Senator GRAMM, Senator the last several years the Sub- The PRESIDING OFFICER. Is there a FITZGERALD, and Senator SHELBY. committee on International Security, sufficient second? Now, we have progressed very well Proliferation and Federal Services has There is a sufficient second. through this debate to allocate the monitored weapons systems develop- speakers going from one side to the The PRESIDING OFFICER. The ment in Iraq and elsewhere. We have other. I would hope we could do that. question is on agreeing to the amend- held numerous public hearings on the And in due course we could work to- threat these developments pose to our ment of the Senator from Michigan, gether, I say to my good friend, who national security. Mr. LEVIN. has been so helpful to move this piece For the information of all Senators, I The clerk will call the roll. of legislation, to get a UC to put speak- am putting in the RECORD an unclassi- The legislative clerk called the roll. ers in line so as to sequence the times fied description of the subcommittee’s Mr. NICKLES. I announce that the so that Senators can go about their du- findings from the testimony presented Senator from Utah (Mr. BENNETT) is ties today on other matters more con- to us by the intelligence agencies at necessarily absent. veniently. our hearings. I firmly believe we are The PRESIDING OFFICER (Mr. NEL- The PRESIDING OFFICER. The Sen- confronted with a dangerous threat to SON of Nebraska). Are there any other ator from Nevada. our forces who are now deployed in Senators in the Chamber desiring to Mr. REID. Mr. President, I say to my that area of the world. I am also con- vote? friend from Virginia, we also have a vinced the President has outlined a The result was announced—yeas 24, list of people who want to speak. Under strategy for dealing with this threat nays 75, as follows: the rules, we have 30 hours postcloture. and with the dangers faced by our [Rollcall Vote No. 235 Leg.] We have used some of that time today. homeland which involves the United YEAS—24 We have 100 Senators. A number of Nations and the Congress in the deci- Akaka Durbin Levin Senators have already spoken. I have sionmaking process, and we should sup- Bingaman Feinstein Mikulski looked at our list. I heard the Senator port him. Boxer Harkin Reed briefly mention his list. I would hope This support would be clearly illus- Byrd Inouye Rockefeller those Senators who have already spo- Chafee Jeffords Sarbanes trated by approval of the Lieberman- Conrad Kennedy Stabenow ken would allow some who have not Warner-McCain amendment. We should Corzine Kohl Wellstone the opportunity to speak. But that is a let our friends and adversaries alike Dayton Leahy Wyden personal choice they have to make. know that, as a nation, we are united NAYS—75 During this next debate, I will be in our resolve to do whatever is nec- happy to direct our floor staff, as you Allard Edwards McCain essary to protect our national security Allen Ensign McConnell will, to see if we can work out—I think and the safety of our citizens, includ- Baucus Enzi Miller if we do more than four at a time, it ing the use of military force. Bayh Feingold Murkowski creates a problem. So we will work on I ask unanimous consent that the Biden Fitzgerald Murray that and see if we can come up with Bond Frist Nelson (FL) outline of findings from my sub- Breaux Graham Nelson (NE) some speakers after we dispose of this committee which I described be printed Brownback Gramm Nickles next amendment. in the RECORD. Bunning Grassley Reid Mr. WARNER. I thank the leader. So There being no objection, the mate- Burns Gregg Roberts we shall work together. Campbell Hagel Santorum rial was ordered to be printed in the Senator MCCAIN and I will require ad- Cantwell Hatch Schumer RECORD, as follows: Carnahan Helms Sessions ditional time on this side, both of us, FACTS ABOUT IRAQ’S WEAPONS OF MASS Carper Hollings Shelby to address various issues. Having man- DESTRUCTION Cleland Hutchinson Smith (NH) aged the bill, there are areas of this de- Clinton Hutchison Smith (OR) Iraq’s program to develop weapons of mass Cochran Inhofe Snowe bate we believe need to be put in the destruction and the means to deliver them Collins Johnson Specter proper context in which questions has been underway for over three decades. Craig Kerry Stevens arose and were answered. Although it suffered setbacks during and im- Crapo Kyl Thomas Mr. REID. After the two leaders, you mediately after the Gulf War, the program Daschle Landrieu Thompson DeWine Lieberman Thurmond have the right of first recognition, so has since been reconstituted and has Dodd Lincoln Torricelli you would certainly be able to do that. achieved significant progress in recent years. Domenici Lott Voinovich Mr. WARNER. If I understand, I say The following key facts about Iraq’s program Dorgan Lugar Warner to my leader, following disposition of to acquire and employ weapons of mass destruction are drawn from publications and NOT VOTING—1 the Durbin amendment, the parliamen- testimony of intelligence officials. Bennett tary situation is that we are now on In an October 2002 report entitled ‘‘Iraq’s the balance of the 30 hours remaining The PRESIDING OFFICER. The Sen- Weapons of Mass Destruction Programs,’’ under cloture; am I correct? ator from Virginia. the Central Intelligence Agency reached Mr. REID. Since cloture was invoked these key judgments: Mr. WARNER. Mr. President, par- this morning. I don’t remember exactly Iraq has continued its weapons of mass de- liamentary inquiry: It is the under- when it was invoked. struction (WMD) programs in defiance of UN standing of the Senator from Virginia Mr. WARNER. About 11:10 is my resolutions and restrictions. Iraq has chem- that the Durbin amendment is next recollection. ical and biological weapons as well as mis- under the order. Mr. REID. The 30 hours started run- siles with ranges in excess of UN restric- The PRESIDING OFFICER. The Sen- ning at that time. tions; if left unchecked, it probably will have ator is correct. a nuclear weapon during this decade. The PRESIDING OFFICER. The time Iraq hides large portions of its WMD ef- Mr. WARNER. And will the Chair was 11:38 a.m. forts. Revelations after the Gulf War starkly state the allocation of time? Mr. WARNER. Just to inform Sen- demonstrate the extensive efforts under- The PRESIDING OFFICER. The Sen- ators what the parliamentary situation taken by Iraq to deny the world information ator from Illinois controls 40 minutes; is. about its programs.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10265 Since inspections ended in 1998, Iraq has Iraq’s effort to extend the reach of its bal- still recall the meeting vividly as we maintained its chemical weapons efforts, en- listic missile force is not limited to medium- watched the television screen and its ergized its missile program, and invested range missiles capable of striking its imme- report, as we heard of the evacuation of more heavily in biological weapons; most an- diate neighbors. Iraq has pursued long-range the White House, as we jumped from alysts assess Iraq is reconstituting its nu- ballistic missiles in the past and has even our chairs and looked down The Mall clear weapons program. tested a rudimentary space launch vehicle Iraq’s growing ability to sell oil illicitly (SLV). to see the black smoke billowing from increases Baghdad’s capabilities to finance In testimony before the Subcommittee on the Pentagon. And then we were told WMD programs; annual earnings in cash and International Security, Proliferation and immediately to leave this great build- goods have more than quadrupled. Federal Services, Robert Walpole, the Na- ing and rushed down the steps and far Iraq largely has rebuilt missile and bio- tional Intelligence Officer for Strategic and away. logical weapons facilities damaged during Nuclear Programs stated, ‘‘Iraq’s goals of be- That is my image of September 11. Operation Desert Fox and has expanded its coming the predominant regional power, and Everyone who is following this debate chemical and biological infrastructure under its hostile relations with many of its neigh- has their own image of September 11. the cover of civilian production. bors, are the key drivers behind Iraq’s bal- My world changed. America changed. Baghdad has exceeded UN range limits of listic missile program.’’ 150 km with its ballistic missiles and is According to the Department of Defense’s Perhaps things changed all around the working with unmanned aerial vehicles report ‘‘Proliferation: Threat and Response,’’ world on that day. (UAVs), which allow for a more lethal means Iraq in December 1988 attempted to launch I came to work on that morning to deliver biological and, less likely, chem- the Al Abid 3-stage space launch vehicle, never believing that just a few days ical warfare agents. which used 5 Scud missiles clustered to- later, on September 14, I would stand Although Saddam probably does not yet gether as a first stage. on this floor and join every one of my have nuclear weapons or sufficient material The Intelligence Community’s unclassified colleagues in the Senate in a unani- to make any, he remains intent on acquiring summary of the ‘‘National Intelligence Esti- mous bipartisan vote of support for them. mate on Foreign Missile Developments and President Bush’s request for war on How quickly Iraq will obtain its first nu- the Ballistic Missile Threat Through 2015’’ clear weapon depends on when it acquires states: terrorism. I am not a person who sufficient weapons-grade fissile material. After observing North Korean missile de- comes to that vote easily. I am one If Baghdad acquires sufficient weapons- velopment the past few years, Iraq would be who grew up with the specter of war grade fissile material from abroad, it could likely to pursue a three-stage Taepo Dong-2 during our war in Vietnam. I am a per- make a nuclear weapon within a year. [TD–2] approach to a ICBM, or space- son who served in the Congress and Iraq has begun renewed production of launched vehicle, which would be capable of considered the momentous decision of chemical warfare agents, probably including delivering a nuclear weapon-sized payload to the Persian Gulf war. I always took mustard, sarin, cyclosarin, and VX. Its capa- the United States. those votes extremely seriously. But bility was reduced during United Nations in- Iraq could develop and test a Taepo Dong- spections and is probably more limited now 2-type system within about ten years of a de- there was no doubt in my mind on Sep- than it was at the time of the Gulf War, al- cision to do so. tember 14, this was the right one. The though VX production and agent storage life If Iraq could buy a TD–2 from North Korea, war against terrorism was the right probably have been improved. it could have a launch capability within a one. We were going to go after those Saddam probably has stocked a few hun- year or two of a purchase. parties responsible for what they had dred metric tons of chemical weapon (CW) It could develop and test a TD–1–type done to us on that day of infamy. agents. [Taepo Dong–1] system, within a few years. Now we gather in the Senate, a little The Iraqis have experience in manufac- Iraq could attempt before 2015 to test a ru- over a year later, to face another his- turing CW bombs, artillery rockets, and pro- dimentary long-range missile based on its jectiles, and probably possess chemical failed Al-Abid SLV . . . toric vote. The President has asked agents for ballistic missile warheads, includ- If it acquired No Dongs from North Korea, Congress for the authority to wage an- ing for a limited number of covertly stored, it could test an ICBM within a few years of other war, a war against Iraq. It is fair extended-range Scuds. acquisition by clustering and staging the No first to ask what progress we have All key aspects—R&D, production, and Dongs—similar to the clustering of Scuds for made on the war against terrorism. weaponization—of Iraq’s offensive biological the Al-Abid SLV. Some things have happened for which weapon (BW) program are active and most Mr. COCHRAN. I thank the distin- we can be very proud. elements are larger and more advanced than guished Senator from Illinois. The Taliban is out of power in Af- they were before the Gulf War. ghanistan. They no longer will be ca- Iraq has some lethal and incapacitating AMENDMENT NO. 4865 TO AMENDMENT NO. 4586 BW agents and is capable of quickly pro- Mr. DURBIN. Mr. President, pursu- tering to the kind of extremist we saw ducing and weaponizing a variety of such ant to the unanimous consent agree- with al-Qaida. Osama bin Laden is at agents, including anthrax, for delivery by ment, I call up my amendment. least on the run, and that is certainly bombs, Scud missiles, aerial sprayers, and The PRESIDING OFFICER. The good news. Afghanistan is moving back covert operatives, including potentially clerk will report. toward a civilized state. Women are re- against the U.S. Homeland. The bill clerk read as follows: turning to the streets without the Baghdad has established a large-scale, re- burkas. Girls are going to school. Posi- dundant, and concealed BW agent production The Senator from Illinois [Mr. DURBIN] proposes an amendment numbered 4865 to tive things are happening. We saw an capability, which includes mobile facilities; intelligence network created around these facilities can evade detection, are amendment No. 4586. highly survivable, and can exceed the pro- (Purpose: To amend the authorization for the world to support the U.S. war on duction rates Iraq had prior to the Gulf War. the use of the Armed Forces to cover an terrorism, an amazing display of unity Iraq maintains a small missile force and imminent threat posed by Iraq’s weapons and support for what we were doing. several development programs, including for of mass destruction rather than the con- But still, as I stand here today and an Unmanned Aerial Vehicle (UAV) that tinuing threat posed by Iraq) make this assessment of the war on most analysts believe probably is intended to On page 7, line 20, strike ‘‘the continuing terrorism, the manhunt continues for deliver biological warfare agents. threat posed by Iraq’’ and insert ‘‘an immi- Osama bin Laden and his top lieuten- Gaps in Iraqi accounting to UNSCOM sug- nent threat posed by Iraq’s weapons of mass ants. Afghanistan is still in its na- gests that Saddam retains a covert force of destruction’’. tional infancy. Hamid Karzai, leader of up to a few dozen Scud-variant missiles with Mr. DURBIN. Mr. President, I call up ranges of 650 to 900 km. Afghanistan, is a good man but barely Iraq is deploying its new al-Samoud and this amendment to the underlying res- escaped an assassination attempt a few Ababil-100 short-range ballistic missiles, olution presented by the President and weeks ago, an assassination that, had which are capable of flying beyond the U.N.- sponsored by Senator LIEBERMAN and it resulted, would have thrown that na- authorized 150-km range limit. others on the floor of the Senate. tion into chaos. Al-Qaida is still known Iraq’s UAVs, especially if used for delivery In this Capitol Building, there are to be in 60 nations around the world, of chemical and biological warfare (CBW) many historic rooms. There is one that and this war is far from over. agents, could threaten its neighbors, U.S. is of great significance to me. It is only Make no mistake, we cannot dedicate forces in the Persian Gulf, and the United a few steps down the hall. It was in the resources, the manpower, the States if brought close to, or into, the U.S. Homeland. room 219 where I gathered with about a skills, and the weapons of war to a new Iraq is developing medium-range ballistic dozen of my colleagues among the Sen- war in Iraq without sacrifices in our missile capabilities, largely through foreign ate Democrats for a meeting on the war on terrorism. This will be a war on assistance in building specialized facilities. morning of September 11, 2001. I can two fronts; sacrifices will be made.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10266 CONGRESSIONAL RECORD — SENATE October 10, 2002 Let’s speak to the President’s re- Another part rivals it in importance. gether in enforcing the U.N. inspection. quest for a war against Iraq. If you This resolution is historically impor- What a strong position that is—for us have followed the comments from the tant because it marks a dramatic de- to have a coalition of nations, through President since August until today, parture in the foreign policy of the the U.N., working with us, rather than you will note that his approach has United States of America. It is not the Bush resolution, which says we will changed. In fact, this is the third simply a question of our policy toward do it by ourselves. version of the resolution before us. Iraq or Saddam Hussein; it is a ques- I think we have seen progress, but In one respect it is a tribute to the tion of our policy toward the world. this resolution would brush it all aside. President that he has worked with oth- This resolution still authorizes a uni- This resolution would say to the U.N. ers to try to improve the resolution. lateral, go-it-alone invasion of Iraq. and others around the world: Go ahead We expect that. In another, it suggests This resolution contains no require- and finish your debate and engage a change in attitude and philosophy ment to build a coalition of allies be- yourself as much as you like, but in and perhaps an intent as this resolu- hind us. It has been said over and over the final analysis this Nation, the tion develops. again, isn’t it better for the United United States of America, will do ex- The speech the President gave on States to have a coalition behind us actly what it wants to do. Monday night I listened to, every sin- than to have a coalition against us? I don’t think that has been our ap- gle word of it. I wanted to hear every- This resolution does not specify that proach historically. We have always thing he had to say. The speech the we are targeting weapons of mass de- said: If you attack us, expect an an- President gave to the American people struction. This resolution represents a swer. That is what happened on Sep- was far different than the language of dramatic departure in foreign policy. tember 14, when we voted on the reso- the resolution before us. That is why I have offered this amend- lution on the war on terrorism. But What has happened since August ment. why, if the U.N. is making progress to- when the President first raised the Senator LEVIN of Michigan was here ward this goal, do we want to say we specter of Iraq as a threat to the earlier speaking about the role of the are going to ignore the progress you United States? U.N. As much as any nation, the have made, ignore the fact that you Initially the White House said: We United States has guided and nurtured have accepted this challenge, we are don’t need congressional approval. We the U.N. We have gone through painful, going to ignore the possibility of mean- can move forward. They went on to frustrating moments when we have dis- ingful inspections to disarm Iraq, and say: We can do it unilaterally. We don’t agreed with their actions and could not we will go it alone, we will launch a need any allies. We can attack Iraq if agree with Security Council decisions, land invasion? necessary by ourselves. And the Presi- but by and large we have stood by the I think that is a mistake. This U.N. dent said our goal is regime change. We U.N. since its creation. In the words of coalition effort is very important. In want Saddam Hussein gone. We have Kofi Annan, ‘‘The U.N. is the inter- October of last year, President Bush had enough of him. And he went on to national community at work for the stated, with some pride, that we had say—Vice President CHENEY backed rule of law.’’ launched our war on terrorism, and he him up—inspections by the U.N. are That is as succinct a description of said: ‘‘We are supported by the collec- worthless. We tried that. what the U.N. is all about as I have tive will of the world.’’ And we were. That was the first cut, the first posi- ever read. We have been with the U.N. The President has a right to be proud tion of the White House. Last Monday, when the President through NATO, in the cold war, on of that. The fact that we mobilized na- gave a speech, it was a much different questions of post-Soviet transatlantic tions around the world to come behind message. He is seeking congressional order, and a variety of other issues. us in the war against al-Qaida and the approval. That is why we are here Now comes the President, on Sep- terrorists meant something in the war today. He said that he is going to help tember 12 of this year, who visits the on terrorism. lead a coalition of forces against Sad- U.N. and issues a significant challenge. Why, then, does it not mean some- dam Hussein, far different than what He says to the U.N. on September 12: If thing today? Why, then, when we are this resolution says, far different than this organization has a backbone, it is considering this war resolution, are we what he said at the outset. going to stand up to Saddam Hussein, not committing to build a coalition of He is now working through the demand inspections for the weapons of force to make sure we are successful? United Nations; something that had mass destruction, and remove or de- We know what the coalition means. It been dismissed early on in the debate stroy them. And if it does not, the means strength in numbers. It means a has now become a big part of it. The President basically said that the U.N. sharing of the burden. Why should it President went on to say that he is now is irrelevant; it has become the League only be American soldiers walking focusing on weapons of mass destruc- of Nations. through the deserts on the way to tion and destroying them. There won’t Well, since then, progress has been Baghdad? Should we not have an inter- be any argument here. I have yet to made. A man whom I respect very national force? Because the threat Sad- meet a single Member of Congress who much, Secretary of State Colin Powell, dam Hussein poses is certainly to the defends Saddam Hussein and his weap- has been involved in shuttle diplomacy Middle East and other countries before ons of mass destruction. with the Security Council to put to- it threatens the United States. Why The President said we need an inspec- gether U.N. support for just the very should other nations not defray the tion regime through the United Na- approach the President asked. It is the cost of this war? The fact that we tions. That is a big departure from right approach—to really put our in- would spend $100 billion or $200 billion where he was. But that speech basi- spectors on the ground with no holds when we are currently in deficit—why cally described a process the President barred, nothing off limits, with no ex- should that not be shared? Certainly, suggested and endorsed, which many of emptions for Presidential palaces, so when we fought in the Persian Gulf, us endorse as well. that we can go in and discover, with that was what happened. There is noth- In 8 weeks the administration has the help of our intelligence commu- ing in the Bush resolution for a coali- changed its rhetoric but the resolution nity, which will provide information tion of force to join us in this effort in we have before us has not. This resolu- where we think the weapons can be Iraq. tion is important for many reasons. found and, in finding them, be able to Also, the creation of a coalition es- First, it is a war resolution. With this establish once and for all that Iraq is tablishes vital cover for other nations expression of authority from Congress, in violation of U.N. resolutions and de- to join us. Do you recall the comments the President will have what he needs stroy the weapons. made by Saudi Arabia a few days after under our Constitution to move for- If Saddam Hussein and Iraq should the President’s visit to the U.N.? They ward, to dispatch troops, mobilize re- resist or stop us, consider the position had been not only cold but antago- serves, move the men and women in we are in. We can then turn to the U.N. nistic to the idea of the United States uniform into harm’s way, and be pre- and say: We gave you your oppor- going it alone against Iraq. They an- pared for battle. That is, of course, the tunity. You know this man will not nounced, after his visit to the U.N., most important part of the resolution. comply with orders. Now stand to- that if the U.N. took action, they

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10267 would cooperate. Why is that signifi- States. We have to be able to move pre- United States against an imminent threat cant? It is as significant today as it emptively for what might be, as is said posed by Iraq’s weapons of mass destruction. was in the Persian Gulf. President in this resolution, a continuing threat. That is what my amendment says. It Bush’s father realized that when you What does it mean? If you list the na- spells that out in terms of foreign pol- bring Arab States into the coalition, it tions of the world that pose any threat icy that we have created, in many re- is critically important as we consider to the United States, unfortunately the spects, and honored throughout our action against an Arab nation, Iraq. list is fairly long. It would not just be history. To state it as stated in this Think of this for a moment, too: If Iraq. The President’s ‘‘axis of evil’’ in- resolution is to endorse this new re- our coalition includes Arab States and cludes North Korea and Iran. One write of American foreign policy and to countries from around the world, it would certainly put Syria, Libya, and say in the age of terrorism that pre- minimizes the impact this will have on maybe many other countries on that emption is the answer. the fundamentalists and extremists list. I asked Dr. Condoleezza Rice a ques- who are trying to breed and educate What the President’s foreign policy is tion when she came before us a few and train the next generation of terror- calling for is the right of the United weeks ago, as follows: If we are going ists. A third of the people living in the States to attack these countries with- to argue that we have the right as a na- Arab world today are under the age of out provocation, without imminent tion to attack any nation we suspect 14. threat. That, I say to my friends in the may be a threat to us, how then can If this is a coalition including Arab Senate, is a dramatic departure in for- the United States play a role in the States, then we are in a much stronger eign policy. We are not just talking world supporting diplomacy and peace? position to argue that it is U.N. action, about how to deal with Saddam Hus- How can we argue to countries that are collective action, it is not the United sein, how to deal with weapons of mass in incendiary relationships, such as States going it alone. This will help to destruction in Iraq, what to do through India and Pakistan over Kashmir, that defuse any terrorists who might come the United Nations. The supporters of they should not do preemptive attacks out and will help to establish stability this resolution are calling for a dra- of their own? How do we make that ar- after the attack. matic departure in American foreign gument? Let me go to the particular reason to policy. Oh, she said, diplomacy is working in raise this amendment to this resolu- From my point of view, it is a depar- Kashmir. It depends on what day of the tion. The House has passed the resolu- ture which is unwarranted and unwise. week that question is asked. I hope it tion we are considering. It tells you we This is why I believe it: For over 50 works. I hope peace comes to that re- are drawing that much closer to the years, with nuclear Armageddon facing gion. We really lose our right to argue possibility of war. It is a historic deci- us, with nuclear missiles poised in the and demand more diplomacy and more sion, one which now is in this Chamber. Soviet Union and in the United States, peacekeeping when we say the United If this Chamber agrees to the same res- our position was one of deterrence. We States may preempt any perceived olution and presents it on the Presi- said, as I mentioned before, we would threat, but other nations in the world dent’s desk, my guess is it will be not strike first. We held that position, should negotiate. The same can be said signed very quickly. It is more than with some rare exceptions. That was of China and Taiwan and many other just war against Iraq. Just a few weeks our position as a nation, and it pre- places in the world. ago, the administration released what vailed. It prevailed to overcome the So- To my colleagues I say this: This res- they called ‘‘The National Security viet Union and, frankly, to bring the olution not only addresses Iraq, it Strategy of the United States of Amer- Russians closer to our position in the marks a significant departure in for- ica.’’ It is a document which outlines world and to bring the world closer to eign policy. I hope, even though we what they consider to be the new pa- peace. have not had hearings, even though we rameters of foreign policy in our Na- Look what has happened in the last have not debated this at length, that tion. It is well worth the read. 10 years in our relationship with Iraq. this amendment which I offer, with You will find in this document, on Since the Persian Gulf war, we have just a handful of words, will call into page 15, a significant and historic de- made it clear to Saddam Hussein and question whether this is the wisest pol- parture from the foreign policy of the his leaders that if they make one bad icy, whether this is a necessary policy. United States. The argument is made move with a weapon of mass destruc- Let me say this as well. I know the in this publication by the administration, either through a terrorist organi- United States is in a fearful and anx- tion, by President Bush’s White House, zation or directly against the United ious situation since the attacks of Sep- that the world has changed so signifi- States, its neighbors, or any of our al- tember 11, 2001. Though we have been cantly since September 11, 2001, that lies, frankly, they will pay a heavy heartened by the strength of this Na- the principles and values and norms of price. There has never been a doubt tion and its unity, there is still a lin- conduct of our foreign policy must be about that. There is no doubt about gering question as to whether we will changed dramatically in this respect. that today. be struck again. We have always said to the world: The The establishment and maintenance It is because of that anxiety, because United States is not an aggressor na- of the no-fly zone is our way of keeping of that fear, I think many of us are tion. We are not seeking to invade your an eye on Saddam Hussein from start moving now to say, let’s do what is country for territory or treasure. But if to finish. There is not a tank or truck necessary, let’s make the changes, let’s you threaten us, you can expect that that moves in Iraq today we do not get on with it. we will return with all the force and monitor. There is not a hole that is dug I caution and beg my colleagues to power we have. We are not trying to and filled up we do not monitor. We think twice about that. America has conquer you, but if you threaten our made that clear under existing foreign faced periods of fear in its past, some territory, our people, our allies, our policy, but this resolution says it is not from foreign threats but from do- Armed Forces, you can expect the time for us to change that policy. It is mestic situations. worst. That is the way it should be. time for us to argue we can preemp- One of the most noteworthy in our We have said historically we are a de- tively strike Iraq or any other country history was the Great Depression fensive nation. Even at the height of before they pose a threat to the United which faced our country when then- the cold war, we did not endorse a first States. That is a dramatic change. President Franklin Roosevelt, in his strike against the Soviet Union. No, we My amendment goes to this issue and Inaugural Address, said: are a defensive nation. This new for- says the President has the authority to This great Nation will endure as it has en- eign policy reflected in the resolution use force. Let me read it specifically dured, will revive and will prosper. So, first before us is a dramatic departure from of all, let me assert my firm belief that the because I do not want to misstate it for only thing we have to fear is fear itself. that. my colleagues: Nameless, unreasoning, unjustified terror The argument is made that we have The President is authorized to use the which paralyzes needed efforts to convert, no choice. Because we are now fighting Armed Forces of the United States as he de- retreat, and advance. In every dark hour of terrorism, we can no longer wait for an termines to be necessary and appropriate in our national life, a leadership of frankness imminent threat against the United order to defend the national security of the and vigor is met with that understanding

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10268 CONGRESSIONAL RECORD — SENATE October 10, 2002 and support of the people themselves, which talked about everything but his The Senator also complained about is essential to victory. amendment. His amendment is re- this new doctrine of preemption, but I I have listened to speeches on this markable because instead of allowing would suggest that with respect to floor, speeches which have, frankly, the President to deal with the con- Iraq, we are not talking about preemp- touched the anxiety, concerns, and fear tinuing threat posed by Iraq, this tion, we are talking about unfinished of America. I have heard people on this amendment would require the Presi- business called the gulf war. floor lionize Saddam’s weapons of mass dent to identify an imminent threat; Every day the United States and the destruction as a threat. The Presi- that is to say, one that is immediate, United Kingdom fly airplanes, pursu- dent’s own resolution said Saddam pressing, upon us, imminent. I suggest, ant to United Nations resolutions, to Hussein may launch a surprise attack as a member of the Intelligence Com- enforce those resolutions—frankly, to against the United States, language mittee for almost 8 years, that it is vir- engage in aerial inspection called re- which is almost, frankly, impossible to tually impossible for us to know when connaissance—and they get shot at al- understand in the world in which we a threat is imminent, a threat posed by most every day. When they get shot at, live. a regime such as Saddam Hussein’s, or they either try to take out the radar I heard those same voices minimize a group of terrorists. site or SAM missile site that is firing the impact of weapons of mass destruc- These people do not announce their at them after they have been shot at, tion on the battlefields of Iraq if we threats in advance. They conceal their or what they try to do is knock it out launch a land invasion to try to force intentions, as well as their capabilities, before they get shot at. Now, somebody regime change. and it is very difficult for us to know may call that preemption. I call it self- As we know—it has been declassified the precise moment at which the defense and common sense. this week—our intelligence community threat is imminent. This is not some new doctrine we are tells us the most likely scenario of So this amendment is remarkable be- about to engage in that is going to weapons of mass destruction to be used cause it would literally force the Presi- threaten world peace. This is the unfin- against Americans is if we launch an dent to wait until the last minute in ished business of the gulf war that is invasion of Iraq. Saddam Hussein order to take the action that is per- authorized by United Nations resolu- knows today if those weapons move or mitted by the amendment. are used in any way against us and our There is a saying in the intelligence tions that we engage in every day and allies, he will pay a terrible price. community that we do not know what that requires us to act in our own self- Our foreign policy must not be driven we do not know. We find out later what defense. by fear. We must be vigilant. We must we did not know. It is also said that for the last 11 be careful. But at this moment of na- We did not know that Saddam Hus- years, Saddam Hussein has not used his tional concern over our vulnerability sein, for example, had gone to the ex- weapons of mass destruction. So why of terrorism, we cannot lose sight of tent he had in the development of bio- deal with this now? Why not wait until the course which guided our Nation for logical and chemical weapons until de- the threat is imminent? Is that it? We generations. As we search every corner fectors came out of Iraq and told us are supposed to put our trust in Sad- of our Nation and every corner of the what he had done. We did not find out dam Hussein? I am unwilling to place world for danger and threats, we can about that through other intelligence. the security of the United States of never lose our sight on true north, and Then we sent inspectors, and before America in the hands of the likes of that rock-solid reliable point is a com- Saddam Hussein got it all hidden, they Saddam Hussein. I do not believe we mitment to a rule of law, a commit- were able to find some of it, at which can trust him. ment to a foreign policy based on es- point he said: Oh, gosh I forgot about Because our intelligence is not good tablished values and established stand- that—or words to that effect. enough to calibrate this threat to the ards of international conduct. We did not realize the extent to action that would be authorized by the We cannot now ignore the challenge which he had developed his nuclear ca- amendment, and because we cannot of Saddam Hussein. We need to address pability until after the gulf war was trust Saddam Hussein, I support the it. We should push forward with inspec- over, when we learned that he was resolution that is before us and oppose tions through the United Nations, and years closer to having a nuclear weap- the amendment of the Senator from Il- build a coalition of support to make on than we had thought. linois. sure he is kept under control. The If Saddam Hussein had waited to at- Finally, suggesting, as some have, al- Presidential resolution, which envi- tack Kuwait, had not attacked Kuwait, though I did not hear these words from sions the United States standing alone, and gone ahead with his plans, he the Senator, that there has to be a is not the best course. The Presidential would have had a nuclear capability be- smoking gun—that is the concept be- resolution, which calls for a dramatic fore the United States knew about it. hind this notion of imminence—before departure in our foreign policy, is not By then, it would have been too late. we can take action, is extraordinarily My point is this: We may have pretty the best course. misguided. Remember, a gun smokes Mr. President, I reserve the remain- good intelligence, but it is not good after it has been fired. enough to calibrate as closely as the der of my time and yield the floor. How When I think of a smoking gun, I Senator’s amendment would require, to much time do I have remaining? think of the Pentagon and the World wait until the moment when the Presi- The PRESIDING OFFICER (Mr. CAR- Trade Center. I believe that the amend- dent says now it is imminent. And that PER). The Senator from Illinois has 15 ment of the Senator from Illinois is is the problem. Action has to be taken minutes remaining. dangerous, misguided, and I hope my when the threat is clear, when it is The Senator from Virginia. colleagues will join me in defeating it. Mr. WARNER. Mr. President, my unknown to be there, but we do not really know exactly when he is going to make The PRESIDING OFFICER. The Sen- derstanding is the Senator from Vir- ator from Texas. ginia and the Senator from Arizona his move. As September 11 showed, if it showed Mr. GRAMM. Mr. President, how have 15 minutes, equally divided. much time do we have remaining? The PRESIDING OFFICER. The Sen- us anything, our intelligence is not The PRESIDING OFFICER. Who ator is correct. good enough to do that. We can know Mr. WARNER. At this time, the Sen- there is a threat. We can know it is yields time to the Senator from Texas? ator from Arizona wishes to allocate growing, we can know it is continuing, Mr. KYL. Mr. President, on behalf of his time to Senator KYL. but we cannot know that moment when Senator WARNER, unless Senator LIE- The PRESIDING OFFICER. The Sen- it becomes imminent. BERMAN wishes any time, I yield the re- ator from Arizona. This amendment asks an impos- mainder of the time to Senator GRAMM. Mr. KYL. Mr. President, I will speak sibility of the President: To prove that The PRESIDING OFFICER. Nine for about 7 minutes. If any other Sen- the threat is imminent or at least to minutes. ator wishes to speak, they may cer- wait until it is clear to him that the Mr. GRAMM. Mr. President, this has tainly do so. threat is imminent. But we may never been a great debate. I want to con- Mr. President, I want to address di- know until it is too late that Saddam gratulate Senator WARNER and Senator rectly the Senator’s amendment. He Hussein has a nuclear weapon. LIEBERMAN, and I want to thank my

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10269 dear friend JOHN MCCAIN for his leader- tinuing threat.’’ We say in our resolu- war authorizing and directing the ship on this issue. tion that the President may use the President to employ the entire naval Even error has been presented on the Armed Forces of the United States in and military forces of the United floor of the Senate in a way that one order to defend the national security of States and the resources of the Govern- could be proud of. I think these kinds our country against the continuing ment to carry on war—this was in the of debates build the stature of the Sen- threat posed by Iraq. The Durbin case of World War I—and to bring the ate, and when the American people lis- amendment would change that to the conflict to a successful termination, all ten to this debate they will realize that imminent threat posed by Iraq’s weap- the resources of the country are hereby on this issue there is a lot of serious ons of mass destruction. pledged by the Congress of the United thinking, a lot of good thought, and I In changing it to ‘‘imminent,’’ which States. believe in the end we are going to make is a temporal term—it suggests time, We have only one Commander in the right decision. that something is about to happen Chief; 535 Members of Congress cannot I have waited to speak—did the Sen- soon—it adds a qualification that I effectively conduct a war. We set the ator want me to yield? think is unwarranted. In the totality of parameters, as this resolution does. We Mr. WARNER. Yes. I had to speak to Saddam Hussein’s evil administration, authorize. But it is the President ulti- the Republican leader. I had 7 minutes. weapons of mass destruction, ballistic mately who carries out and serves as I wish to allocate several of those min- missiles, unmanned aerial vehicles, our Commander in Chief. That is what utes to our colleague from Con- there is a threat that is real to us, and our resolution does. That purpose necticut. I am convinced will be used against the would be significantly altered and, I Mr. President, how much time re- American people unless we act, hope- say respectfully, weakened by the lan- mains? fully through the United Nations, to guage of the Senator from Illinois, The PRESIDING OFFICER. Seven disarm him. which is why I respectfully oppose his minutes. So while it might not be imminent in amendment. Mr. GRAMM. Mr. President, I ask the sense that he is about to use it I yield the floor. unanimous consent that I have 5 min- against us, in my opinion it is a tick- The PRESIDING OFFICER. The Sen- utes. ing time bomb. We do not know exactly ator from Virginia. Mr. WARNER. My understanding is Mr. REID. Objection. how many seconds or minutes or hours that the Senator from Delaware has 10 The PRESIDING OFFICER. Objec- are left on that timer. I don’t want the minutes. He is not here. I will ask tion is heard. President to be limited to an imminent unanimous consent I take 7 of his 10 Mr. WARNER. I regret to say to my threat to use the power we are giving minutes. good friend from Texas—— him here. The PRESIDING OFFICER. Without Mr. GRAMM. How about 41⁄2 minutes? Second, it limits that authority for objection, it is so ordered. Mr. WARNER. Why doesn’t the Sen- the President to act only in regard to Mr. WARNER. Mr. President, I wish ator take an additional 2 minutes so we an imminent threat of weapons of mass to retain 2 of those minutes for myself can complete the debate on this destruction. and give 4 minutes to our colleague amendment? The resolution we have introduced from Texas. Mr. GRAMM. Mr. President, I will provides two conditions under which The PRESIDING OFFICER. The Sen- wait until this amendment is com- the President may use the Armed ator from Texas. pleted and then I will speak. Forces to defend the national security Mr. GRAMM. Mr. President, I thank The PRESIDING OFFICER. The Sen- of the United States against the con- my dear colleague and floor leader. I ator from Virginia. tinuing threat posed by Iraq and to en- will make a couple of comments. Mr. WARNER. I thank my friend force all relevant U.N. Security Coun- I have listened to these arguments, from Texas for his cooperation. I now cil resolutions regarding Iraq. This and I would say they have been made yield the remaining time, with the ex- harkens back to a colloquy I had with very effectively and with great elo- ception of 1 minute for the Senator Senator SPECTER of Pennsylvania yes- quence. But as I hear them, they boil from Virginia, to the Senator from terday. down to two simple arguments. The Connecticut. It seems to me these two parts have first argument is that if we are going Mr. LIEBERMAN. Mr. President, I to be read in totality as modifying to use military power against Saddam ask that the Chair notify me when a each other. The resolutions that are Hussein, we ought to do it within the minute remains so I may terminate my relevant in the U.N. Security Council context of the United Nations and it remarks. are to be enforced particularly in rela- ought to be part of a multinational ef- The PRESIDING OFFICER. The tionship to the extent to which they fort. I reject that. Chair will do so. threaten the national security of the I reject it because when we are talk- Mr. LIEBERMAN. Mr. President, I United States. In doing this, we are ex- ing about the security of our Nation, I rise to oppose, respectfully, the amend- pressing our understanding that the am not willing to delegate the respon- ment introduced by the Senator from President is unlikely to go to war to sibility of protecting it to the U.N. Illinois. enforce a resolution of the United Na- When it comes to the lives and safety The underlying resolution, building tions that does not significantly affect of our people, I am not willing to leave on 11 years in which the world commu- the national security of the United that up to the U.N. I am not even will- nity has tried every way imaginable, States. ing to leave it up to our allies. It is the except war, to get Saddam Hussein to We want to do what the Constitution responsibility of the U.S. Government. keep the promises he made at the end invites us to do. Congress is given the That is why we need this resolution. the gulf war to disarm, is a strong reso- authority under article I to declare The plain truth is, if nobody else in lution. This amendment would dimin- war. The President under article II is the world is willing or able to do this ish it, and in that sense it would also the Commander in Chief. There is a job, we are able and we are willing. diminish its effectiveness to convince healthy tension there. It is up to Con- That is what this resolution says. And the United Nations to act so we do not gress to authorize and to the President by being able and being willing, I be- have to form our own international co- to act as Commander in Chief with the lieve there will be others who will help alition. latitude that authority gives him but us. In two regards, it also diminishes the also with the accountability and re- The second argument can be ex- authority of the Commander in Chief, sponsibility that authority gives him. plained through an analogy. Let’s say as granted by our resolution, and does I have spent time looking at author- there is a rattlesnake nesting in your so in a way that is far more restrictive izing resolutions for war or military rock garden. Our colleagues are saying, than most any authorizing resolution action from the past. The one that we look, if you go in there and try to find for war or military action that I have put together—although some of our that rattlesnake and try to kill him, he seen before. colleagues have described it, I think, is liable to bite you. The probability of First, it introduces the word ‘‘immi- erroneously as a blank check—is quite being bitten is lower if you leave him nent’’ in place of the words ‘‘con- limited compared to the declaration of alone.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10270 CONGRESSIONAL RECORD — SENATE October 10, 2002 For a short period of time, they are an imminent threat to the United ticipatory self-defense, recognized way right. There is no doubt about the fact States today? back in time, in the 19th century. What if you put on your snake boots and you Mr. LIEBERMAN. I thank my friend. we are saying today is those rules don’t get rat shot and your pistol and go out I agree it is rare we disagree, so I do so work anymore; we are going to change there with a stick and start poking with respect. them. around trying to find him, the prob- That is my point. I believe the threat I might also add, even though the ability during that period of time that is real. The weapons of mass destruc- Senator from Connecticut didn’t ad- you are going to get bitten does go up. tion threat is real. Whether it is immi- dress it directly, as to whether Iraq is But most rational people get their pis- nent or not, I do not know. an imminent threat, the minority lead- tol and get that stick and go out there As I said, the analogy that comes to er, Republican minority leader, Sen- because that rattlesnake will be out mind is of a bomb on a timer. I don’t ator LOTT, today on the floor came for- there for a long time. Your dog might know whether the timer is set to go off ward and said, and I quote: go through there and get bitten. Your in a day or a year. But because the He [meaning the President] is prepared to grandchild might be playing out there. danger is so real, I don’t want to estab- try to find a peaceful solution here. But un- The good thing about going in to find a lish the standard of imminence before less we make it clear he is committed, we the United Nations or the President of are committed, the U.N. is committed, this rattlesnake is you know he is there and problem will not go way. It is serious and it you are alert to the threat. the United States can act to eliminate is imminent. My view is we do have the rattle- the danger. The words of Senator LOTT on the Mr. DURBIN. I thank my colleague snake in the rock garden. We have the floor today, recognizing the point I am from Connecticut, and I think it is an ability to go in and get him out. And trying to make here. If the President honest answer. But let me tell you, I because of the threat that it poses to believes it is an imminent threat from serve on the Intelligence Committee us, I don’t think we ought to wait weapons of mass destruction, he should and I would not disclose anything I around to do what we know we need to have the authority to go forward. do. In looking at the future, I say the learned there because it is classified But this is not just a matter of strik- threat is greater if we do not act than and top secret, but some things I can ing a strong position and showing that if we do. say because they are public knowledge. we have resolve. It is a matter of the Those are the two arguments I hear. If you want to talk about threats to people of the United States, through They are in fancier garb and they are the United States, let me quickly add the Senate and the House, giving au- better put. But it really boils down to, to that list North Korea. Currently, thority to the President of the United let’s turn over our security to the U.N. North Korea has nuclear weapons. States to commit the lives of our men or to our allies. I am not willing to do North Korea has missiles that can de- and women in the U.S. Armed Forces. that. Let’s avoid the risk of this con- liver that nuclear weapon to many I, for one, have thought long and flict because it will be dangerous while countries that we consider our friends hard about voting for war. As I said on the conflict is going on. It will be a lot and allies in their region. September 14, 2001, I did. I would do it safer once the conflict is over. Iran may not have a nuclear weapon again on the war on terrorism. I be- That is where we are. I think we are today but could be further along than lieve every Senator—every Senator— doing the right thing. I think we are Iraq is at this moment. There is scant Republican and Democrat alike, takes going to have an overwhelming vote. if little evidence that Iraq has a nu- this responsibility particularly seri- We have had great bipartisan success clear weapon. ously. on this force resolution because Sad- We do not trust Syria because it is a I had a personal experience in my dis- dam Hussein has no organized political harbor for some 12 or 15 different ter- trict as a Congressman in the Persian support in America. I wish we did not rorist organizations in Damascus, and Gulf war. One of my friends had a son face organized political support for op- we certainly do not trust Libya be- who was in the Marines. She called me position to homeland security. cause of our fear of weapons of mass and said: He has just been sent over The PRESIDING OFFICER. The Sen- destruction. there, and I am worried to death about ator from Virginia is recognized. So now of all the countries I have him. Mr. WARNER. Mr. President, I say to listed, Iraq is one of them for sure. But I said: Let’s wait and see how this our distinguished colleague from I have given you five or six countries goes. Texas, I listened intently to his re- which, under this resolution’s logic and We engaged in a debate on the floor marks. Two things occurred to me. under this President’s new foreign pol- of the House and Senate, and we gave First, how much we value the Sen- icy, we should be considering invading. President Bush’s father, the President, ator’s contribution these many years Which one and when? authority to go forward. If you remem- we have served together. We shall miss Historically, we have said it is not ber, we built up our troops and forces him. Also, the Senator cut right to the enough to say you have a weapon that for 6 months, the day came, and the heart of the argument, leaving no can hurt us. Think of 50 years of cold war began, and we were prepared, and doubt where he stands. war when the Soviet Union had weap- we were decisive; in a matter of 48 Mr. President, I am happy to yield ons poised and pointed at us. It is not hours the war ended and I breathed a the floor. I think I have 3 minutes left enough that you just have weapons. We sigh of relief. It was over quickly, and under my control. will watch to see if you make any ef- there were just a handful—I think Mr. DURBIN. It is my understanding fort toward hurting anyone in the about 200 American—of casualties out the Senator from Delaware still has United States, any of our citizens or of the thousands and thousands of time remaining under the unanimous our territory. troops who were in harm’s way. consent request. It was a bright-line difference in our No sooner had I had this feeling of re- The PRESIDING OFFICER. The Sen- foreign policy which we drew and an lief than I got a call. One of the 200 ator from Delaware has 3 minutes re- important difference in our foreign pol- killed in that 48-hour period was Chris- maining, and the Senator from Illinois icy. It distinguished us from aggressor tian Porter, a lance corporal in the has 15 minutes remaining. nations. It said that we are a defensive U.S. Marine Corps, killed by friendly Mr. DURBIN. I thank the Senator for nation. We do not strike out at you fire—the son of my close friend. I went his courtesy. When we disagree, he is simply because you have a weapon if to that funeral, faced his mother and always courteous in his treatment and you are not menacing or threatening to his father. There was little I could say. fair on the floor of the Senate. us. Has September 11, 2001, changed I went to the veterans cemetery, the I might say to my friend from Con- that so dramatically? National Cemetery, afterwards, as I am necticut, it is rare we disagree. I am The words ‘‘imminent threat’’ have sure all of the Members of the Senate sorry this is one of those cases. But I been used throughout the history of would do to pay their respects to his would pose a question, if he wants to the United States. One of the first peo- family and respect to this man who answer it—without yielding the floor. ple to articulate that was a man who served his country. Do you believe that the threat of served on the floor of this Chamber, The image of that funeral at that weapons of mass destruction in Iraq is Daniel Webster, who talked about an- service in that day is still in my mind

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10271 today as I think about the decision we peace and stability, should be honored Mr. BYRD. What is the Chair saying, are making, about whether or not we and respected even on this resolution may I ask? are just striking a position to show our of great historic moment. The PRESIDING OFFICER. The resolve or whether we are in fact, as I yield the floor and reserve the re- Chair advises the Senator from Vir- this resolution says, giving to this mainder of my time. I don’t know if ginia that all time has not expired. President the authority to call into there are others who wish to speak. Forty-five seconds remain to the Sen- combat men and women who will put The PRESIDING OFFICER. Who ator from Virginia, and 6 minutes re- their lives on the line for the decision yields time? main to the Senator from Illinois. we make today. The Senator from Virginia. Mr. DURBIN. Mr. President, I thank Is it unfair for us to say, on this side Mr. WARNER. Mr. President, we are the Senator from Virginia for his cour- of the debate, that we should exhaust making excellent progress on this bill. tesy. I am not going to use all 6 min- every reasonable and realistic option Did the leader wish to speak? utes. The Senator is correct. before we engage in war? That we Mr. REID. Not quite yet. We need a The PRESIDING OFFICER. Has the should work through the United Na- few more minutes. Senator from Virginia yielded? Mr. WARNER. I am sorry. I did not tions if we can find an inspection re- Mr. WARNER. Yes. gime that is honest, to try to lessen hear the leader. The PRESIDING OFFICER. The Sen- the threat on the United States at any Mr. President, we have some matters ator from Illinois. time in the future? That we should moving along very well. I thank my gather a coalition of forces? colleague from Illinois for his remarks. Mr. DURBIN. I thank the Chair. I couldn’t disagree more with my col- I shall proceed to use my 3 minutes, The Senator is correct. The tools of league from Texas. Yes, it is a threat and the 3 minutes from the Senator war, the incidence of war, the timing of to the United States. All of the coun- from Delaware, which as I understand war has changed. But it has changed tries I listed are threats. But why it is still there, without objection. throughout our history. The principles, should we bear this burden alone? The PRESIDING OFFICER. Without the rules of value, the norms and con- Should this burden not be shared by objection. duct which we apply today were ap- our allies and those who agree with us Mr. WARNER. I have listened care- plied starting in a much different era, that we need a peaceful and civilized fully to our colleague. His amendment and applied again and again as we saw world? Shouldn’t their troops be in the is very simple on its face. But behind ourselves move into an era of air- field with American troops fighting the simplicity lies a great deal of his- planes, into an era of intercontinental side by side for this cause? Only Amer- tory. missiles. The same standards, prin- ican soldiers? Only American tax dol- This Nation of ours has been pro- ciples, norms, conduct, and value re- lars? Only America is assuming the re- tected by the two oceans, and by won- main. sponsibility for stability when the war derful neighbors to the north and to I do not believe the war on terrorism on Iraq is over? the south. We have had a sense of secu- is easy. But I also believe the United I don’t think it is a fair approach. It rity. But with the advent of high tech- States has established an international is far better for us to have a coalition nology, and with the advent of world- reputation behind the rule of law—a working on it. But what triggers it, wide syndicates of terrorists, America reputation which I am afraid is going goes to the heart of this amendment, is will never be the same again. to be changed dramatically by this res- that moment in time when this Presi- That is a tough thing for me to tell olution. No longer will we wait for that dent—and he is the one who has the au- my children and my grandchildren be- imminent threat if this amendment is thority as Commander in Chief—says cause I have labored in my life—as ev- defeated. It is enough for us to assert we now face an imminent threat from eryone in this Chamber has—to provide that a country is a threat to the United weapons of mass destruction. not only for my family, friends and States and begin a land invasion. And What could that be? It could be the neighbors such that they can enjoy the that, to me, is a dramatic change from identification of fissile material that is life we have enjoyed these many years. where the United States has always now going into Iraq which could lead to However, high technology, while it been throughout its history. their development of a nuclear weapon. benefits mankind in so many ways, has I hope we will think twice about That, in my mind, shows imminent brought about dramatic change. that. I have no illusions about the re- threat. It could be his using weapons of If you wish to have the standard of sult of this vote. But to think we are mass destruction and sharing them imminent threat placed in the bill that going to make this wholesale change in with terrorist organizations. That is Senator LIEBERMAN, Senator MCCAIN, foreign policy without the delibera- clearly an imminent threat. All of Senator BAYH and I have crafted, I say tions and hearings and without a direct these things would trigger the United to you most respectfully, with the ad- debate, to me, is just wrong. States to step forward and say now we vent of this extraordinary evolution of I think the Foreign Affairs Com- have to defend ourselves. But at this technology, the time involved in warn- mittee and others should have taken point in time, none of that is here. ing that is implicit in imminent threat the President’s new foreign policy sug- We are being asked, by voting on this left us with the end of the 20th century. gestions directly and seriously and resolution, not to wait for the United The 21st century high technology has gone forward with them. Instead, Nations, not to wait for a coalition, erased that. Imminent danger struck through Saddam Hussein and the de- but to move forward on a continuing us on September 11th. We didn’t know bate on Iraq, we are about to make a threat. Member after Member comes to it was coming. The doctrine of immi- historic change in foreign policy which the floor and tells us: The threat nent danger, as I say, has changed in I hope we do not do. against the United States of weapons this 21st century. It no longer gives us In the interest of moving this to a of mass destruction is an imminent the warning that we must have. vote, I not only yield the floor, but I threat. We have to take it seriously. I urge my colleagues to let this reso- yield the remainder of my time. We have to vote on this before the elec- lution remain unchanged by this Mr. WARNER. Mr. President, have tion. That is what the White House amendment as they have with the the yeas and nays been ordered? says: We have to do it now, we have to other amendments that have been The PRESIDING OFFICER. They do it before we leave town. brought before us. have not. Yet when you ask them to put the I expect Senator REID in the Cham- words ‘‘imminent threat’’ in the reso- ber momentarily. I know he has a con- Mr. WARNER. Mr. President, I ask lution, watch them scatter and run cluding matter by way of a unanimous for the yeas and nays. when the vote comes to the desk here. consent request. The PRESIDING OFFICER. Is there a There will be a handful of us voting for Before I, ask for regular order, I want sufficient second? that, a handful of us who believe the to make certain that—— There is a sufficient second. foreign policy which has guided the The PRESIDING OFFICER. The The yeas and nays were ordered. United States for so many generations, Chair advises the Senator from Vir- Mr. WARNER. Mr. President, if I so successfully, which has brought us ginia that all time has not expired. might conclude, time doesn’t permit

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10272 CONGRESSIONAL RECORD — SENATE October 10, 2002 me to get into the doctrine of antici- Mr. BIDEN. This is highly unusual. I Mr. REID. Madam President, I ask patory self-defense, but I think at an- can’t think of another time when the unanimous consent that the order for other opportunity we will have that de- chairman of the Foreign Relations has the quorum call be rescinded. bate, perhaps before we conclude this been denied an opportunity to speak The PRESIDING OFFICER. Without matter. when he wishes to. But I will be happy objection, it is so ordered. I think we are about to proceed as to yield, because I just want to be a Mr. REID. Madam President, Senator soon as the distinguished majority nice fellow. But this is preposterous. BYRD has indicated to me and a num- whip addresses the Senate. The PRESIDING OFFICER. Is there ber of us that he will not use the full 2 Mr. REID. Mr. President, I haven’t objection? hours. In that we are waiting for him, had a chance to speak to my friend Mr. BYRD. Mr. President, may I say I think it appropriate that the time of from Virginia, but the chairman of the to the distinguished Senator from the quorum call I will make run Foreign Relations Committee—if we Delaware that at the request of the dis- against his allotted 2 hours. I ask could just get a unanimous consent re- tinguished majority whip, which was unanimous consent that be the order. quest agreed to, which I am hopeful agreed to, I will have two hours. This The PRESIDING OFFICER. Without and confident we will—the Senator Senator will be glad to yield to the objection, it is so ordered. from Delaware wants to be recognized chairman of the Foreign Relations Mr. REID. Madam President, I withdraw my unanimous consent request. to speak. Committee the first one-half hour of Mr. WARNER. Mr. President, yes. I The PRESIDING OFFICER. Without my time. objection, the request is vitiated. received this information. But I would Mr. BIDEN. Mr. President, there is be happy to allow our distinguished Mr. REID. I ask the Senator from Ar- no need for that. I just want an oppor- izona—he is entitled to a half hour chairman time. tunity to make my speech. It will take after Senator BYRD speaks—if he would Mr. REID. We know others want to about 35 or 40 minutes to lay out in the speak, but he is chairman of the com- mind using that time now? RECORD why this is an important posi- Mr. MCCAIN. I say to the Senator mittee, and he has been very quiet, tion which we are all about to take. which is unusual. from Nevada, not only will I be glad to The PRESIDING OFFICER. Is there start using the time now, but when Mr. WARNER. I wouldn’t suggest objection? that he has been quiet, but I certainly Senator BYRD returns to the floor, I Mr. WARNER. No objection. will be glad to interrupt my speech for want to recognize him and give him The PRESIDING OFFICER. Without Senator BYRD. such time—— objection, it is so ordered. Mr. BIDEN. Mr. President, if the Sen- The PRESIDING OFFICER. The Sen- Mr. REID. Regular order, Mr. Presi- ator from Arizona. ator will yield, let the RECORD show I dent. Mr. MCCAIN. Madam President, I have spoken about one-tenth the The PRESIDING OFFICER (Ms. will proceed with my statement. If amount of time my friend from Vir- CANTWELL). The question is on agreeing Senator BYRD arrives on the floor, I ginia has, but not nearly with the per- to amendment No. 4865. The yeas and will interrupt it and yield to Senator suasiveness he has. I want the oppor- nays have been ordered, and the clerk BYRD. tunity to speak before the final vote. will call the roll. In the history of nations, greatness is Mr. REID. Mr. President, I ask unan- The assistant legislative clerk called forged, or opportunity squandered, not imous consent that upon disposition of the roll. by natural evolution or by the hand of the Durbin amendment, Senator BYRD The result was announced—yeas 30, mysterious Fate, but by decisions lead- be recognized to speak for up to 2 nays 70, as follows: ers make in times of potential or im- hours; that upon the disposition of the [Rollcall Vote No. 236 Leg.] minent peril. A common view in Amer- Lieberman amendment, the joint reso- YEAS—30 ica is that these decisions are thrust on lution be read a third time; the cloture Akaka Dorgan Mikulski us—the world wars, Iraq’s invasion of vote on the joint resolution be vitiated; Bingaman Durbin Murray Kuwait, the attacks of September 11— the Senate proceed to the consider- Boxer Feingold Nelson (NE) Byrd Harkin Reed and we find meaning, and honor, in our ation of the House companion, H.J. Cantwell Inouye Sarbanes response. As Americans, that response Res. 114; the joint resolution be read a Carper Jeffords Schumer is guided by faith in our founding prin- third time, and the Senate vote on Conrad Kennedy Stabenow ciples, in our love of freedom, and the final passage of that joint resolution; Corzine Kerry Torricelli Dayton Leahy Wellstone blessings of justice. that the preamble be agreed to and Dodd Levin Wyden Yet leaders always have choices, and that no amendments to the title be in NAYS—70 history teaches that hard choices de- order; and that S.J. Res. 45 be indefi- ferred—appeasing Hitler, choosing not nitely postponed, with the preceding Allard Ensign McCain to deter Saddam Hussein in 1990, fail- Allen Enzi McConnell all occurring without any intervening Baucus Feinstein Miller ing to act sooner against al Qaeda— action or debate. Bayh Fitzgerald Murkowski often bring about the very cir- The PRESIDING OFFICER. Is there Bennett Frist Nelson (FL) cumstances we wished to avoid by de- Biden Graham Nickles objection? Bond Gramm ferring action, requiring us to react in Mr. WARNER. Mr. President, reserv- Reid freedom’s defense. Breaux Grassley Roberts Brownback Gregg ing the right to object, I had not in- Rockefeller America’s leaders today have a Bunning Hagel tended to, but I just received a request Santorum choice. It will determine whether our Burns Hatch from Senator MCCAIN that he be al- Campbell Helms Sessions people live in fear behind walls that lowed to follow Senator BYRD’s speech Carnahan Hollings Shelby have already been breeched, as our en- for not to exceed 30 minutes. Chafee Hutchinson Smith (NH) emies plan our defeat in time we have Mr. BIDEN. Mr. President, reserving Cleland Hutchison Smith (OR) given them to do it. It will answer the Clinton Inhofe Snowe the right to object, as chairman of this Cochran Johnson Specter fundamental question about America’s committee, I have yet to make a full Collins Kohl Stevens purpose in the world—whether we per- speech on this subject. I have withheld Craig Kyl Thomas ceive our beliefs to be uniquely Amer- for 3 days on the request of everyone Crapo Landrieu Thompson ican principles or universal values, for Daschle Lieberman Thurmond else. I understand that. DeWine Lincoln Voinovich if they are so dear to us that we believe Two things: No. 1, I just want to Domenici Lott Warner all people have the right to enjoy make sure I get to speak before the Edwards Lugar them, we should be willing to stand up final vote; and, No. 2, that I speak at The amendment (No. 4865) was re- for them, wherever they are threat- some point after Senator MCCAIN jected. ened. speaks and very close to Senator Mr. REID. Madam President, I sug- It will reveal whether we are brave, BYRD’s speech. gest the absence of a quorum. and wise or reluctant self-doubting, Mr. REID. The Senator will speak The PRESIDING OFFICER. The and in retreat from a world that still, after Senator MCCAIN. clerk will call the roll. in its cruelest corners, possesses a mer- I ask unanimous consent that be part The senior assistant bill clerk pro- ciless hostility to our values and inter- of the request. ceeded to call the roll. ests. It will test us, as did September

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10273 11, except that we can choose to engage No, this is not just another self-serv- parently failed. His regime would be se- the enemy on our terms rather than ing, oil-rich potentate. He is the worst cure if he would only acquiesce to the wait for the battle to be brought to us. kind of modern-day tryant—a international community’s demands to Our choice is whether to assume his- conscienceless murderer who aspires to disarm, but he has not. It is Saddam tory’s burden to make the world safe omnipotence who has repeatedly com- Hussein who puts his own regime at from a megalomaniacal tyrant whose mitted irrational acts since seizing risk by developing these weapons. The cruelty and offense to the norms of civ- power. Given this reality, containment burden is not on America to justify ilization are infamous, or whether to and deterrence and international in- going to war. The burden is Saddam wait for this man, armed with the spections will work no better than the Hussein’s, to justify whey his regime world’s worst weapons and willing and Maginot Line did 62 years ago. should continue to exist as long as its able to use them, to make history for He has unrepentantly violated six- continuing existence threatens the us. teen United Nations Security Council world. It is a question of whether preemp- resolutions, defying the will of the Giving peace a chance only gives tive action to defeat an adversary international community so consist- Saddam Hussein more time to prepare whose designs would imperil our vital ently, so compulsively, so completely for war—on his terms, at a time of his interests is not only appropriate but that no leader who professes allegiance choosing, in pursuit of ambitions that moral—and whether our morality and to the values the United Nations was will only grow as his power to achieve security give us cause to fire the first formed to uphold can sanction his au- them grows. American credibility, shot in this battle. It will help deter- dacity. His defiance, if not ended, is a American security, and the future of mine whether the greater Middle East threat to every nation that claims the United Nations Security Council will progress toward possession of the membership in the civilized world by rest on the will of the United States to values Americans hold to be universal, virtue of its respect for law and funda- enforce the legitimate demands of the or whether the Arab and Islamic worlds mental human values. international community for Iraq’s dis- will be further influenced by a tyrant Because Saddam Hussein respects armament, by means that match the whose intent is to breed his own viru- neither law nor values, advocating in- menace posed by his ambitions. lent anti-Americanism in all who fall spections of his weapons facilities as an Saddam Hussein’s regime cannot be under his influence, and use that influ- alternative to war posits a false choice contained, deterred, or accommodated. ence to hurt us gravely. The government of Saddam Hussein between ending the threat he poses Containment has failed. It failed to is a clear and present danger to the peaceably or by force of arms. His char- halt Saddam’s attacks on five sov- United States of America. Would that acter, his ambition, and his record ereign nations. The sanctions regime he were just another Arab dictator, make clear that he will never accept has collapsed. As long as Saddam re- pumping oil and repressing his people the intrusive inspections that, by de- mains in power, he will be able to de- but satisfied with his personal cir- priving him of his arsenal of dangerous ceive, bribe, intimidate, and attack his cumstances within the confines of his weapons, would deprive him of his way out of any containment scheme. country’s borders. That situation alone power. This power gives him inter- Some say we can deter Saddam Hus- would offend our sense of justice and national stature, feeds his fantasy of sein, even though deterrence has failed compel us to militate for a regime being a Saladin for our time, and sus- utterly in the past. I fail to see how change, but buy means short of pre- tains his ability to repress his people waiting for some unspecified period of emptive military action. But Saddam and thus remain the rule of Iraq. time, allowing Saddam’s nuclear ambi- Hussein has shown he has greater am- Saddam Hussein is on a crash course tions to grow unchecked, will ever re- bitions. to construct a nuclear weapon—as he sult in a stable deterrence regime. Not His ambitions lie not in Baghdad, or was in 1981 when Israel preemptively only would deterrence condemn the Tikrit, or Basra, but in the deserts of destroyed his reactor at Osirak, ena- Iraqi people to more unspeakable tyr- Kuwait and Saudi Arabia. They lie in bling U.S. forces to go into Iraq a dec- anny, it would condemn Saddam’s Jerusalem and Tel Aviv, where he ade later without the threat of nuclear neighbors to perpetual instability. And sponsors suicide bombings by Palestin- attack, and as he was in 1990, when he once Iraq’s nuclear ambitions are real- ians he calls ‘‘martyrs’’ and the civ- thought development of such a weapon, ized, no serious person could expect the ilized world calls terrorists, using mur- if completed in time, would have de- Iraqi threat to diminish. der by proxy to advance his aspirations terred American military action As for accommodation, I am re- to lead the Arab world and fan hatred against him, allowing him to secure his minded of Winston Churchill’s charac- of Israel, America, and the universal control over his neighbors and domi- terization of appeasement: continually ideal of freedom. These ambitions have nate the region. feeding the alligator in the hope that led him to attack his sovereign neigh- Saddam has masterfully manipulated he will eat you last. bors—Kuwait, Saudi Arabia, Israel, the international weapons inspections I do not believe the threat posed by Iran and Bahrain. His will to power has regime over the course of a decade, en- Saddam Hussein’s regime will be elimi- so affected his judgment that he has abling him to remain in power with his nated until he is removed from power. started two major wars and lost them, weapons of mass destruction intact, Congress made the same point in 1998 each time imperiling his own grip on and growing in lethality. He knows when we passed the Iraq Liberation power. how to play for time, and how to ex- Act, which made regime change in His moral code is so spare that he has ploit divisions within the international Baghdad a priority of American policy. gassed his own people—horror the community, greased by the prospect of Our regional allies who oppose using world thought it had left behind at oil contracts for friendly foreign pow- force against Saddam Hussein warn of Auschwitz and Treblinka. We are told ers. uncontrollable popular hostility to an that he enjoys watching video of his His calculated ambiguity about his American attack on Iraq. But what opponents being tortured, for fun. He willingness to accept a new inspections would really be the effect on Arab pop- kills not just his political opponents regime are intended to stave off mili- ulations of seeing other Arabs liberated but their families, cruelly. tary attack until such time as he is from oppression? Most Iraqi soldiers He has developed stocks of germs and able to deter it through deployment of will not willingly die for Saddam Hus- toxins in sufficient quantities to kill an Iraqi nuclear weapon. He is using sein. Far from fighting to the last the entire population of the Earth mul- opponents of war in America, including Iraqi, the people of that tortured soci- tiple times. He has placed weapons well-intentioned individuals who hon- ety will surely dance on the regime’s laden with these poisons on alert to estly believe inspections represent an grave. fire at his neighbors within minutes, alternative to war, to advance his own I wish the Bush administration and not hours, and has devolved authority ends, sowing divisions within our ranks its predecessor had given more serious to fire them to subordinates. He devel- that encourage reasonable people to be- support to internal and external Iraqi ops nuclear weapons with which he lieve he may be sincere. opposition than has been the case. But would hold his neighbors and us hos- He is not. He has had ten years to it’s a safe assumption that Iraqis will tage. prove otherwise, and he has trans- be grateful to whoever is responsible

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10274 CONGRESSIONAL RECORD — SENATE October 10, 2002 for securing their freedom. Perhaps strong incentives to cooperate with al country, and who might lose their lives that is what truly concerns some of our Qaeda. Whatever they may or may not in service to our cause, do not. They Gulf War allies: that among the con- have in common, their overwhelming will do their duty, as we see fit to de- sequences of regime change in Iraq hostility to America and rejection of fine it for them. might be a stronger demand for self-de- any moral code suggest that collabora- We have a responsibility to these termination from their own people. tion against us would be natural. It is men and women to judge responsibly I commend the President for making all too imaginable. Whether or not it when our security is so threatened that a strong case for bringing Iraq into has yet happened, the odds favor it, we must call on them to uphold their compliance with its international obli- and they are not odds the United oath to defend it. When we call them to gations to the United Nations. The Se- States can accept. serve, they will make us proud. We curity Council bears the responsibility To those who argue that America’s should strive to make them proud by for enforcing the obligations it has im- threat to Saddam’s rule makes it more showing deliberation, judgment, and posed on Iraq in order to uphold inter- likely that he would collaborate with statesmanship in the debate that will national peace and security. The Presi- terrorists to attack our homeland, I determine their mission. dent was right to tell our friends and would ask: how can we sanction the There is no such thing as a Democrat allies on the Council that if it does not continuing existence of a regime whose or a Republican war. We vote on this act, America will. ruler has the capability to inflict such resolution in the same way brave Diplomacy is important, and I wel- damage on us and would even consider young men and women in uniform will come the diplomatic campaign the ad- doing so? fight and die as a result of our vote-as ministration is waging to solicit the Standing by while an odious regime Americans. The freedom and security support of other nations. At the end of with a history of support for terrorism Americans will continue to enjoy as the day, we will not wage this war develops weapons whose use by terror- history’s greatest nation will be their alone. Many nations are threatened by ists could literally kill millions of legacy, and their honor. Saddam Hussein’s rule, and many na- Americans is not a choice. It is an ab- They will do their duty. Ours lies be- tions have a stake in the new order dication. In this new era, preventive fore us. Its outcome will determine that will be built atop the ruins of Sad- action to target rogue regimes is not America’s course in this century, in an dam Hussein’s fascist state. Our friends only imaginable but necessary. Who age when waiting for imminence of at- and allies will help us construct this would not have attacked Osama bin tack is catastrophic. new order, and we should welcome Laden’s network before September 11th In this age, liberating oppressed peo- that. had we realized that his intentions to ples from the tyranny of those who Our friends and allies must know bring harm to America were matched would do us harm serves not only nar- that we do not target Saddam’s regime by the capability to do so? Who would row American interests but the ordered simply because he is a bad man, al- not have heeded Churchill’s call to progress of freedom. The global success though his continuation of his tyranny stand up to Adolf Hitler in the 1930s, of liberty is America’s greatest stra- is a rebuke to every decent value of hu- while Europe slept and appeasement tegic interest as well as its most com- manity. We contemplate military ac- fed the greatest threat to Western civ- pelling moral argument. All our other tion to end his rule because allowing ilization the world had ever known? interests are served in that cause. In it him to remain in power, with the re- Who would not have supported Israel’s rests our faith in the greatness of sources at his disposal, would intoler- bombing of Iraq’s nuclear reactor in America, the last, best hope of earth. ably and inevitably risk American in- 1981 had we then known, as Israel What ensures our success in this long terests in a region of the world where knew, that Saddam was on the verge of struggle against terrorism and rogue threats to those interests affect the developing the bomb? leaders who conspire against us is that whole world. Opponents of this resolution offer our military strength is surpassed only For the United States to accept many questions that are designed to by the strength of our ideals. Our en- Saddam’s continued rule is to acqui- persuade the President to wait before emies are weaker than we are in men esce to the certain prospect of stra- moving against Saddam Hussein. They and arms, but weaker still in causes. tegic blackmail when, soon, Saddam have every right to do so. But there is they fight to express an irrational ha- wields a nuclear weapon and threatens one question I don’t want to be asked tred for all that is good in humanity, a the destruction of Israel or the inva- in the months and years ahead: ‘‘Why hatred that has fallen time and again sion of Saudi Arabia, or demands the did you give Saddam Hussein time to to the armies and ideals of the right- withdrawal of all American forces from harm us?’’ eous. We fight for love of freedom and the region, and America finds itself Weighing the costs of inaction is an justice, a love that is invincible. We forced to respond at much more ter- important as chronicling the costs of will never surrender. They will. All we rible cost than we would pay today. action in blood and treasure as we pre- must do is stay true to our faith. Failure now to make the choice to pare to confront Iraq in 2002. In an age Mr. REID. I ask unanimous consent remove Saddam Hussein from power of weapons of mass destruction and to speak. will leave us with few choices late, global terrorists bent on acquiring The PRESIDING OFFICER. The Sen- when Saddam’s inevitable acquisition those weapons, the costs of inaction ator from Nevada. of nuclear weapons will make it much could well be catastrophic. Mr. REID. Before the Senator from more dangerous to defend our friends As we hold this debate today, this fu- West Virginia begins his remarks, I and interests in the region. It will per- ture is not preordained. We have wish to say something publicly that I mit Saddam to control much of the re- choices. I hope we make the right one. should have said privately. That is, I gion, and to wield its resources in ways Politics has no place in this debate. know a little bit about the rules of the that can only weaken America’s posi- Voting for a course of action that will Senate, but very little compared to the tion. It will put Israel’s very survival send young Americans off to fight and Senator from West Virginia. at risk, with moral consequences no die for their country is the most sol- I am not sure everyone appreciates American can welcome. emn responsibility every member of how far along we are. This is a very im- Failure to end the danger posed by this Congress will undertake. Those of portant resolution we are debating no Saddam Hussein’s Iraq makes it more us who have the honor of bearing that matter on what side of the resolution likely that the interaction we believe responsibility must weigh our words, you are. The Senator from West Vir- to have occurred between members of and consult our consciences carefully. ginia has expressed his thoughts now al Qaeda and Saddam’s regime may in- By voting to give the President the au- for almost a week off and on. We would creasingly take the form of active co- thority to wage war, we assume and not be in the position we are today to operation to target the United States. share his responsibility for the war’s finish this sometime tonight but for We live in a world in which inter- outcome. Others have neither that bur- the Senator from West Virginia. national terrorists continue to this day den nor that privilege. In my younger days when I would be to plot mass murder in America. Sad- We have a choice. The men and involved in things physical, there is dam Hussein unquestionably has women who wear the uniform of our not anyone I would like to have next to

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10275 me than the Senator from West Vir- Hermann Goering, 1893–1946, field though it were some dusty relic of the ginia. He is a fighter. I have never marshal, German Army, founder of the past that needs to be eulogized before come across many fighters like the Gestapo, President of the Reichstag, it is retired. And so it says: ‘‘The con- President pro tempore of the Senate. I Nazi parliament, and convicted war stitution has served us well.’’ express my personal appreciation and criminal. Speech, 1934. He is wrong about that. The Con- that of all the Senators for the Senator Mr. President: stitution is no more dated than the allowing us to be in the position we are The moving Finger writes; and, having writ, principles that it established than is today to finish this resolution tonight. Moves on: nor all your Piety nor Wit this great book that I treasure above The Senator from West Virginia has Shall lure it back to cancel half a Line, all books, this great book right here. forgotten more about the Senate rules Nor all your Tears wash out a Word of it. The President is wrong. The Con- than I will ever know. I am searching So said the Persian poet, Omar stitution is no more dated in the prin- for words to express my admiration Khayyam, in the 11th century. ciples it established than is the Holy and respect for the Senator from West And so I say today. The Senate has Bible. Virginia. He is a fighter, but he is a made clear its intentions on the Iraq The Constitution continues to serve fair fighter and is always willing to see resolution. There is no doubt, there is us well, if only we would take the time the other side of the picture, even no question. The Senate has made its to heed it. though we may not agree. intentions indubitably clear. The out- I am deeply disappointed that this Senator BYRD, you have made my life come is certain. The ending has been Senate, which I have believed in for all and that of the Senate, while inter- scripted. The Senate will vote, and the these many years—and which God and esting today, a lot easier than it could Iraq resolution will pass. the people of West Virginia have I continue to believe that the Senate, have been. The Senator accomplished blessed me to experience, 44 years come in following this preordained course of this. No one in the world could have ex- next January 3rd—I am deeply dis- action, will be doing a grave disservice pressed themselves with the sincerity appointed the Senate is not heeding to the Nation and to the Constitution of feelings and love of country and Con- the imperatives of the Constitution on which it was founded. stitution as has the Senator. I say and is instead poised to hand off to the In the newly published ‘‘National Se- again, thank you for allowing us to be President of the United States the ex- curity Strategy of the United States,’’ in this situation we are in today. clusive power of Congress to determine the document which I hold in my Mr. MCCAIN. May I add to the com- matters of war and peace—to declare hand—‘‘The National Security Strat- ments of the Senator from Nevada. I war. egy of the United States of America,’’ find from my days trying to enact a I do not in my heart believe this is date: September 2002, the document in line-item veto, the days when the Sen- what the American people expect of the which the President of the United ator from West Virginia was the major- Senate. ity leader, that he has always treated States outlines the unprecedented policy of preemptive deterrence which the I have had many occasions in which me with the utmost courtesy and con- to stand and laud the Senate, and to sideration. In all of my encounters, I Iraq resolution will implement—the President asserts that: ‘‘The constitu- renew my expression of deep belief in have found him to be incredibly en- the Senate of the United States as an lightening, very educational, and occa- tion has served us well.’’ There you have it, 31 pages, and that institution. I have done that many sionally frustrating. I would like to times. But I am deeply disappointed thank Senator BYRD for setting the is the only reference to the Constitu- tion of the United States that is made the Senate is not heeding the impera- tone and the tenor of this debate at a tives of the Constitution, and is in- level that I think was important to in this document titled ‘‘The National Security Strategy of the United States stead poised, as I say, to hand over to maintain and one that I think all Mem- the President the exclusive power of bers of the Senate, no matter which of America.’’ He asserts that: ‘‘The constitution has served us well.’’ Congress to determine matters of war side they are on on this issue, can be and peace. proud of as we will look back at this That’s it. That is the alpha and the I do not in my heart believe this is debate and this very important resolu- omega of the reference to the Constitu- what the American people expect of the tion that is being considered. tion, this great Constitution of the Senate. I thank the Senator from West Vir- United States which creates the Presi- I have heard from tens of thousands ginia. I look forward to hearing him for dency of the United States, which cre- of people—people from all across this the next couple of hours. ates a bicameral legislative body, I thank the Chair. which creates the judicial branch of country of ours—people from every How much time do I have remaining this great Nation—provides for it. That State in the Union, from New Mexico on my time? is all it says about the Constitution. to Florida to California to the State of Washington, and to the States of Wis- The PRESIDING OFFICER (Mr. DAY- He asserts that ‘‘the Constitution has consin, Minnesota, West Virginia, New TON). Eight minutes. served us well.’’ York, and all in between. I have heard Mr. MCCAIN. I ask unanimous con- And note, too, that the word ‘‘consent to reserve the remainder of my stitution’’ as mentioned in the Presi- from thousands of Americans who have urged me to keep up the fight—almost time for Senator BAYH, who is one of dent’s document is in lower case. It the original cosponsors. doesn’t begin with a capital letter, it 50,000 e-mail letters within the last 5 The PRESIDING OFFICER. Without begins with a lower-case letter, ‘‘the days, and more than 18,000 telephone objection, it is so ordered. constitution.’’ calls to my office in the last 5 days— Mr. MCCAIN. I yield the floor. I have a constitution. The Senator urging me to keep up the fight. So they The PRESIDING OFFICER. The Sen- from New Mexico has a constitution. are listening, and they want to hear ator from West Virginia. His constitution, which was given to more. Mr. BYRD. Mr. President, I wish to him by his Roman ancestral forebears, If Senators don’t think for a moment begin. I read this quote: that is his constitution. He is strong, that people are listening to this Senate Naturally, the common people don’t want he is weak, he has strong mental proc- debate, the people are listening. They war but, after all, it is the leaders of a coun- esses, he has a good heart, or whatever want to be informed. They have ques- try who determine the policy and it is al- it is—his constitution, lower case. But tions they want answered. ways a simple matter to drag the people this Constitution is with a capital C. When I came to this body, we didn’t along. Whether it is a democracy or a fascist This administration doesn’t believe have televised coverage. We didn’t have dictatorship or a parliament or a Communist that it merits a capital C even, and a radio. We didn’t even have radio cov- dictatorship, voice or no voice, the people only mentions, as I say, one time in erage of the debates in this Senate. I can always be brought to the bidding of the can remember that when a Senator leaders. That is easy. All you have to do is passing that ‘‘the Constitution has tell them they are being attacked and de- served us well.’’ stood to his feet, other Senators gath- nounce the pacifists for a lack of patriotism That, apparently, is what this admin- ered closely. They moved up close in and exposing the country to danger. It works istration thinks of the Constitution. their seats to listen to that Senator. the same in every country. And it references the Constitution as We had no public address system in

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10276 CONGRESSIONAL RECORD — SENATE October 10, 2002 this Chamber. But they were being in- might stay here until 4:30 in the morn- could do that. But what good would it formed by the Senate debates. The peo- ing. Come on. Come on. do? What good would it do? The course ple were being educated and informed I am thinking of the words of of destiny has already been set by this as to the great issues of the day. The Fitzjames in ‘‘The Lady of the Lake,’’ Senate. Senate was an institution which did in- when he stood there before Roderick So the President has said on many form the people. We spent days upon and said: ‘‘Come one, come all! this occasions he has not made up his mind days on the great issues that came be- rock shall fly From its firm base as to go to war. When he does make up his fore this Senate—more than 100 days, soon as I.’’ So come on. Let’s see the mind, if he does, then he should come for example, on the Civil Rights Act of clock turn to 4:30 in the morning. Who back to Congress and seek formal au- 1964, more than 100 days. This institu- cares what time it is as long as we are thorization. tion did its duty to the American peo- speaking for our country? Let those high-powered lawyers of ple by informing them of the issues of So I say to the distinguished Senator the White House tell him otherwise. the day, and by debating those issues— who presides over this Chamber to- They are going to stand by their client, Republicans and Democrats. The aisle night, whose forebear and ancestral I suppose. But they did not go to the was not as wide in those days as it is relative signed his name at the Con- same law school I went to. They prob- now. Sometimes I think it is a great stitutional Convention on September ably did not have to work as hard as I canyon here, a great chasm that sepa- 17, 1787—his name was Dayton, Jona- had to work. Their wives may not have rates the Democratic and the Repub- than Dayton. This is his relative who worked as hard as my wife to put me lican parties in this Senate. But not so presides over the Senate at this mo- through law school. Well, so much for then. We disagreed from time to time. ment. that. But I can remember. If I were to take So we could continue this fight. Let Let him come back to the Congress the time now, I could call the names of me tell you, ladies and gentlemen, for authorization. the faces who in my dreams come back there are several checkpoints—I will Mr. President, I continue to have to me—the faces of those who sat in call them checkpoints—at which, under faith in our system of Government. It those seats years ago, decades ago. the rules, I could cause the Senate to works. I continue to have faith in the They were men. There was only one have to go through another cloture and basic values that shape this country, woman at that time, Margaret Chase another 72 hours. I could do that. And this Nation. Ours was a great country Smith of Maine. But Senators, Repub- I would have no hesitancy, not any, in before it became a great nation. Those licans and Democrats, joined in inform- doing it if I did not know the Senate values do not include striking first at ing the people through the process of has already spoken. other countries, at other nations. debate. Also, there is a point at which it be- Those values do not include using our I am only one Senator from a very comes time to accept reality and to re- position as the strongest and most for- small State. Yet, as I say, within the group. It is clear we have lost this bat- midable Nation in the world to bully past week, I have received nearly 20,000 tle in the Senate. The next front is the and intimidate other nations. telephone calls and nearly 50,000 e- White House. I urge all those people There are no preemptive strikes in mails supporting the position I have who are following the debate out there, the language of the Constitution, I do taken on this floor. This is not count- and who have encouraged me in my ef- not care what other Senators say. ing the calls and the e-mails that have forts, and have encouraged the other Those values do not include putting come in to my State office in Charles- Senators who have stayed with me other nations on an enemies list so we ton, WVA. firmly—without faltering, without can justify preemptive military I want all of those people across fainting, and without wavering—I urge strikes. America, out there across the plains, the people to keep on in their behalf, Were I not to believe in the inherent the Great Rockies, across the Mis- who have encouraged us in our efforts, ability of the Constitution to with- sissippi, and to the Pacific coast, from I urge them to turn their attention to stand the folly of such actions as the the gulf coast to the Canadian border— the President of the United States. Call Senate is about to take, I would not I want all those people who took the him, write him, e-mail him, urge him stop fighting. Yes, he is 85—85. I will be time to contact me to know how their to heed the Constitution and not short 85 years old 41 days from now if the words have strengthened, heartened me circuit this Constitution by exercising good Lord—if the good Lord—lets me and sustained me in my feeble efforts the broad grant of authority the Iraq live. But don’t you think for a moment here to turn the tide of opinion in the resolution provides. I can’t stand on this floor all the rest Senate. The President has said on many occa- of this night. I like to fight when I am ‘‘The iron will of one stout heart sions that he has not yet made up his fighting for the Constitution and for shall make a thousand quail.’’ These are my heroes—the people out mind to go to war. And here we are, we this institution. I will fight until I there who have called, who have writ- have been stampeded into this mo- drop, yes, fight until they hack my ten, and who have told me in person as ment, when we will soon approve this flesh to the bone. I would fight with I have walked across the street. They resolution. every fiber in my body, every ounce of are my heroes. And I will never forget Let me say again, there are several my energy, with every parliamentary the remarkable courage and patriotism checkpoints at which we could play tool at my disposal—and there are par- that reverberated in the fervor—in the this record over and over again. For ex- liamentary tools at my disposal; don’t fervor—of their messages. I gave them ample, the title of the resolution could you ever think there are not—but I do hope because they love this country. be amended. How about that? And then believe the Constitution will weather And they love this Constitution. Sen- there is going to be a House resolution this storm. The Senate will weather ators all know that. The people out coming over to this body, and there is the storm as well. there love this Constitution. They love going to be a request, I suppose, after I only hope that when the tempest this Constitution. All of the people out the Senate votes on that resolution, a passes, Senators will reflect upon the there do. request to insert the words of the Sen- ramifications of what they have done So they are my heroes. ate, which are likewise the same words, and understand the damage that has As the Apostle Paul, that great apos- so that it will have a House number. been inflicted on the Constitution of tle, said, ‘‘I have fought a good fight, I And there would have been a place. the United States. have finished the course, I have kept I will not go through all these places. Now, those people out there believe the faith.’’ But we could fight on. No, we would in the Constitution. And I have been There are Americans all across this not finish at 4:30 tomorrow morning, very disappointed to have stood on my country in every State of this Union we would not finish it at 4:30 the next feet—an 85-year-old man, standing on who have joined in spirit with me and morning, if we wanted to. I hope the his feet, and pleading with his col- with a small band of like-minded Sen- leadership and the Senators will all un- leagues to stand up for the Constitu- ators in fighting the good fight. derstand that. I am not bragging. Dizzy tion—I have been disappointed that We could stay here on this floor and Dean said: It’s all right to brag if you some of them seem not to have listened continue to fight. They say, well, we have done it. We could do that. We at all. That is a real disappointment. It

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10277 isn’t ROBERT C. BYRD who counts; it is for this institution and for that provi- posed to move boxes around on an or- the Constitution of the United States. sion in the Constitution that says, Con- ganization of flowcharts. He has pro- And but for that Constitution, they gress shall have power to declare war. posed to create the second-largest do- would not be here, I would not be here, I thank those Senators who have en- mestic agency in the history of the Re- and you, Mr. President, would not be gaged in thoughtful debate with me. I public. Even the President recognizes here. It is that Constitution. thank Senator MCCAIN. I thank Sen- that actually creating the new Depart- And we all take an oath, a solemn ator WARNER. I thank these men. They ment of Homeland Security will take oath, to support and defend the Con- stood up for what they believe. They at least 1 year. stitution of the United States against stood up for this administration. The I tell you, my friends, if I ever saw a all enemies, foreign and domestic. only difference is, I will stand for no good lawyer, he sits right here on the In the greatest oration that was ever administration—none—when it comes back row, right now—that Senator delivered in the history of mankind, to this Constitution. If the administra- from Tennessee, FRED THOMPSON. Why the oration ‘‘On the Crown,’’ delivered tion took a position opposite that Con- do I say that? Because he made the in the year 331 B.C. by Demosthenes in stitution, forget it. I don’t care if it is most rousing defense of this sorry reso- his denunciation of Aeschines, he asked a Democrat. lution that is before the Senate and on this question: Who deceives the state? I do not believe the Senate has given which we will soon vote, the most rous- He answered his own question by say- enough time or enough consideration ing defense of it. And yet he is against ing: The man who does not speak what to the question of handing the Presi- it. He is against it. That is what I call he thinks. Who deceives the state? The dent unchecked authority to usurp the a good lawyer; he makes a rousing de- man who does not speak what he Constitution and declare war on Iraq. I fense of this thing which he hates. thinks. have no brief for Iraq. But I accept the Even the President recognizes that I believe we ought to speak what we futility of continuing to fight on this actually creating the new Department think. A political party means nothing, front. So I could keep us here all night of Homeland Security will take at least absolutely nothing to me, in compari- tonight. I know there would be other 1 year. The GAO has said it will take at son with this Constitution which I hold Senators who would stand with me. least 5 to 10 years for a new Depart- in my hand. It means nothing, political Other Senators believe as I do. I could ment to be effected. party means nothing to me, in com- keep us here tomorrow. I could keep us So while our citizens are facing this parison with this great old book which here through Saturday. I would hope imminent risk, under the President’s our mothers read, the Holy Bible. we would not be in on Sunday. That is proposal, the agencies responsible for It seems to me that in this debate— the Sabbath Day. But come back on securing our borders, such as the Cus- thinking about the 50,000 e-mails that next Tuesday, have at it again, until toms Service, the Immigration and have come to this country boy from the flesh from my bones be hacked. Naturalization Service, and the Coast the hills of West Virginia, 50,000 e- I say to the people of America, to Guard, will spend the next year or mails, almost 20,000 telephone calls; my those who have encouraged other Sen- more figuring out for whom they work, wonderful staff have been hard-pressed ators and me to uphold the principles with whom they work. Instead of focus- to take all these calls and log them of the Constitution: Keep up the fight. ing on their mission, our border agen- in—the American people seem to have Keep fighting for what is right. Let cies and inspectors will be wondering a better understanding of the Constitu- your voices be heard. whether their units will be reorganized tion than do those who are elected to Why do you think George Wash- or transferred to new locations, and represent them. ington crossed the Delaware? I say to they will be wondering where their Now, that is a shame, isn’t it? I feel my good friend from Delaware, JOE phones are, where their computers are, sorry for some of my colleagues. I love BIDEN, my esteemed friend, my es- and whether their jobs are going to be them; bless their hearts. I love them. I teemed colleague. He crossed the Dela- eliminated. And what would be hap- forgive them. But you might as well ware, I say to my friend FRED THOMP- pening in the meantime? Who will be talk to the ocean. I might as well SON—Senator FRED THOMPSON, we are keeping the store and watching the ter- speak to the waves as they come with going to soon miss him. I like him. I rorists? the tides that rise and fall. I might as like him. He always speaks with great Reorganizing our bureaucracy will well speak to the waves, as did King passion and fervor, and he is always re- not improve our Nation’s immediate Canute, as to speak to some of my col- spectful of other Senators. He was here capacity to deter or respond to the im- leagues. They won’t hear me. And it during the days of Sam Ervin, Howard minent threat of a terrorist attack. isn’t because it is ROBERT BYRD. They Baker, the days of Watergate, that Since September 11, the Senate Appro- just don’t want to hear about that Con- Senator from Tennessee. priations Committee has focused on stitution. Let me say, I will always listen to providing immediate resources to Fed- That is what these people are writing you, the people out there, and I hope eral, State, and local agencies and first me about. Perhaps it is that their un- the President will begin to listen to responders in order to improve our ca- derstanding, the understanding of the you. pacity to respond to this evolving people, the great mass of people out If the President really wants to do threat. there, it may be that their under- something for this country, let him On September 14, 2001—just 3 days standing of the Constitution has not help to fight the war at home. This after the horrific attacks on September yet filtered through the prism of the week, we will soon be passing another 11—Congress approved $40 billion. That election year politics. That’s it—the CR. Time and time again, the Presi- is $40 for every day since Jesus Christ election year politics. dent’s Attorney General and the Direc- was born. Congress approved $40 bil- I believe the American people have a tor of Homeland Security have put the lion, including $9.8 billion for home- better understanding of what the Sen- Nation on notice that there is an immi- land defense. Resources were provided ate is about to do, a greater respect for nent threat of another terrorist attack to the FBI to hire more agents and to the inherent powers of the Constitu- to our homeland. And from time to improve their computers; to State and tion, and a greater comprehension of time, they have even identified the local governments to improve the ca- the far-reaching consequences of this most likely targets, such as our nu- pacity of our hospitals and clinics to resolution, a greater comprehension clear powerplants, our transportation respond to chemical or biological weap- than do most of their leaders. infrastructure, our Nation’s monu- ons attacks; to State and local govern- I thank my colleagues who have al- ments, our embassies. They have told ments to train and equip our law en- lowed me to express at considerable our citizens to be vigilant about this forcement and fire personnel to re- length my reasons for opposing the res- imminent risk. spond to attacks; for HHS to purchase olution. I thank those Senators, such What has the President done to re- smallpox vaccine for USDA; to the as the Senator who presides over the spond to this imminent risk of ter- FDA to protect our food safety; to the Senate at this very moment, I thank rorist attack on our Nation’s shoul- Postal Service to purchase equipment those Senators who have stood with me ders? The President has proposed to that can protect the mail—where have in my fight for the Constitution and create a new bureaucracy. He has pro- you been, Mr. President? That is what

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10278 CONGRESSIONAL RECORD — SENATE October 10, 2002 Congress did—for the FAA to secure On December 7, 2001, after negotia- Just sign his name on a document des- cockpits and to improve the security of tions with Senate Republicans, home- ignating the funding as an emergency our airports; to the Department of land security programs were reduced requirement. Transportation for port security; to by over $3.6 billion. The Senate then What did the President choose to do? the Energy Department to help secure passed the Defense appropriations bill. Did he choose to sign his name and our nuclear facilities; to Customs and In April and May of 2002, the Senate start that $2.5 billion to flowing into INS for additional border security in- Appropriations Committee held five bi- the States and counties and munici- spectors and agencies, and for im- partisan hearings, led and conducted palities of this country? No. The Presi- proved training and equipment. by Senator TED STEVENS and me, con- dent chose not to make that designa- To listen to the President, he is the cerning the defense of our homeland. tion. only person who has been thinking Senator STEVENS and I, and others on In making that decision, he termi- anything about homeland security. that committee, Republicans and nated $2.5 billion of funding for the Here is the great Congress of the Democrats, heard from Governors and FBI, funding to train and equip our Na- United States that has been providing from mayors. We heard from firemen, tion’s firefighters, funding for the moneys for the defense of our country. law enforcement, and emergency med- Corps of Engineers to help ensure our Despite objections from the White ical personnel. We heard from special- water supply, funding for security at House, Congress was able to increase ists in the field of counterterrorism. nuclear facilities, funding for the Coast funding for homeland security pro- Based on those hearings, the Com- Guard. grams by $3.9 billion. Where have you mittee on Appropriations in the Senate Now tell that, Mr. President, at your been, Mr. President? If you want to do produced a bipartisan supplemental ap- next campaign stop, your next fund- something, do something here at home. propriations bill to continue our effort raiser when you are talking about On November 14, 2001, Senate Demo- to provide immediate resources to im- making war on Iraq. Tell the people crats supported the inclusion of $15 bil- prove our Nation’s capacity to deter there what I have been reading. It is lion for homeland security in an eco- and respond to terrorist attack. fact. These are for the record. nomic stimulus package, including $4 On May 22, 2002, the Senate Appro- One of the lessons we learned at the billion for bioterrorism and food safe- priations Committee, by a vote of 29 to World Trade Center on September 11 ty; $4.6 billion for law enforcement and 0, reported out a supplemental appro- was that our fire personnel could not responsive initiatives; $3.2 billion for priations bill that included $8.3 billion communicate by radio with police per- transportation security: and $3 billion for homeland defense programs. sonnel; that local officials could not for other homeland security programs, Once again, on June 4, 2002, the Presi- communicate with State and regional including mail screening and protec- dent threatened to veto the bill be- personnel. tion for our nuclear plants and labs, cause he believed it contained unneces- When the President decided to block water projects, and other facilities. sary homeland security spending. the $2.5 billion, he blocked the $100 mil- Where has he been, Mr. Commander On June 7, 2002, the Senate passed the lion that we approved to help State and in Chief? Out on the campaign trail Supplemental Appropriations Act for local governments across the land to raising money for the campaign? This further recovery from and response to solve the problem, and $90 million to is what Congress has been doing. terrorist attacks on the United States. provide medical assistance to the first On November 14, 2001, the White The bill provided $8.3 billion for home- responders at the World Trade Center House strongly objected to the amend- land security programs, including the was lost. ment, asserting that existing funding following amounts above the Presi- What is the President’s solution for was ‘‘more than adequate to meet fore- dent’s request: $265 million for airport the imminent threat to our Nation’s seeable needs.’’ security funds; $646 million for first re- homeland security? Rhetoric? Yes. Now, who is fighting for homeland se- sponder programs; $716 million for port More bureaucracy? Yes. Resources to curity? Under pressure from the White security. However, under pressure from respond to the immediate threat? No. House, Senate Republicans, objecting the White House, conferees on that bill Mr. President, with reference to this to the emergency designation for the were forced to reduce homeland secu- Commander in Chief business that we homeland security funding, raised the rity funding from $8.3 billion to $6.7 bil- hear about—oh, the Commander in Budget Act point of order. Efforts to lion—under pressure from the White Chief, they say. I listen to my friends waive the budget point of order failed. House. across the aisle talking about the Com- On December 4, 2001, the Appropria- In negotiations with House Repub- mander in Chief. We must do this for tions Committee reported out, by a licans, homeland security funding was the Commander in Chief; we must vote of 29 to 0, the Defense appropria- dropped for cybersecurity, for improved stand shoulder to shoulder with the tions bill for fiscal year 2002. capacity for the Centers for Disease Commander in Chief. The Commander In addition to the $20 billion appro- Control to investigate potential bio- in Chief. Of what is he Commander in priated on September 14, the bill would logical attacks, for airport security, Chief? The army, the navy, and the mi- have provided $7.5 billion in additional for the Coast Guard, and for the Cus- litia of the several States. But who homeland security funds, including $3.9 toms Service. provides the army and the navy? Who billion for bioterrorism and food safe- On July 24 of this year, the Senate provides for the calling out of the mili- ty; $1.3 billion for antiterrorism law passed the conference report to the tia of the several States? Congress. So enforcement; $1.43 billion for security Supplemental Appropriations Act for much for the the term ‘‘Commander in of mail and nuclear facilities; $879 mil- further recovery from and response to Chief.’’ lion for transportation and border se- terrorist attacks on the United States. Charles I used that term in 1639— curity. The bill would also have pro- Get this now; we are talking about war Commander in Chief. You know what vided an additional $7.5 billion to here, the war on terrorism. Where? happened to Charles I of England? The FEMA’s disaster relief account for ac- Here in this country. This act reduced swordsman cut off the head of Charles tivities and assistance related to 9/11. the $8.3 billion for homeland security I on January 30, 1649. So much for Com- On December 5, 2001, in a meeting appropriated by the Senate to $6.7 bil- mander in Chief. with congressional leaders, President lion. Parliament and the King of England Bush threatened to veto the Defense Did the White House agree to fund fought a war. Can you imagine that? appropriations bill because of funding the full $6.7 billion for homeland de- Can you imagine Congress fighting a ‘‘that is not needed at this time.’’ fense programs? Did it? war with the President of the United On December 6, 2001, Senate Repub- No. The White House talks a good States? They did that in England. Yes, licans objected to the emergency des- game on homeland defense, but the Parliament and the King fought a war. ignation for the homeland security White House support is more about Who lost? The King. Who was it? King funding in the Defense appropriations rhetoric than it is about resources. In Charles I. A high court convened on bill and raised the Budget Act point of order for the President to spend $2.5 January 1, I believe it was, 1649, and in order. Efforts to waive the budget billion for homeland defense spending, 30 days they cut Charles I’s head off— point of order failed. it was necessary for him to do what? severed it from his body. So much for

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10279 Charles I. That was the Commander in Talking about this article of the Con- There you have it. We can speak Chief. Yes. Hail to the chief. stitution— until we are blue in the face, we can I respect the President as much as In this article, therefore, the power of the speak until our tongues fall out, and anybody else. But the Barons at President would be inferior to that of either they will not hear us. So if there were Runnemede on the banks of the the monarch or the governor. Second. The those who were brought from the dead, Thames on June 15, 1215, took it upon President is to be commander-in-chief of the would some listen? themselves to let the King know that army and navy of the United States. In this Some would; some would not. there was a law, and that Kings had to respect his authority would be nominally the We have spoken. We have spoken out live by the law, just as did barons and same with that of the king of Great Britain, but in substance much inferior to it. of our hearts, and we can speak until others. our hearts fall from our bodies, but I do not know who is talking to this Get that down there at the other end some would not hear. Let those who President down here. I do not know of the avenue. Read it. will not hear understand that this Con- who among his crowd down there is Second. The President is to be commander- stitution will endure. It will endure be- trying to pump him up, but my friends, in-chief. . . .It would amount to nothing cause it was written, as John Marshall more than the supreme command and direc- this President of the United States is said, to endure for the ages. the President by virtue of this Con- tion of the military and naval forces, as first general and admiral of the Confederacy; In closing, I want to thank my dear stitution. He is created by this Con- friends in this Senate who have stood stitution that I hold in my hand, which while that of the British king extends to the declaring of war and to the raising and regu- in this Chamber day after day in the ef- says in article II that the President lating of fleets and armies—all which, by the fort to educate our people. shall be Commander in Chief. And yet Constitution under consideration, would ap- The Senate is a great institution, but this refers to the Constitution in this pertain to the legislature. somehow I think we are failing. We are national security strategy of the That is Hamilton. failing to educate the people. Why? Be- United States of America printed on I am reading from the Federalist Pa- cause we do not want to spend enough September 2002. It refers to the Con- pers. Perhaps I ought to send a copy time. How much time have we spent on stitution not even with a capital letter. down to the White House. I will see if The Constitution of America—what this resolution as of yesterday at 4 I can’t do that. I will send them a copy. is the matter with those people? p.m.? A little over 25 hours on this Haven’t they studied the Constitution It will not cost them anything, just a bill—25 hours. Why, many of the larger down at the other end of the avenue? gift from ROBERT C. BYRD. municipalities in this country would They better become aware of it. This is Now, I have a little more to say. Suf- spend a week on an application for a the Constitution, and that Constitu- fice it to say there are other of my col- sewer permit. And here we spend 2 tion refutes this resolution on which leagues, and I, who have stood on this days?—that is what it amounts to, 25 Congress is about to vote to give to the floor and we have pointed to the Con- hours—and we are ready to quit. President of the United States power stitution of the United States. We have We know we might as well quit be- to determine the use of the military said time and time again, as we have cause this cloture rule is being used forces, when he will use them, where he offered amendments, to try to uphold against us. Why at this critical time, will use them, how long he will use this Constitution of the United States, when we are discussing the most crit- them. It is this Constitution. You bet- read those amendments. They went ical legislation we have had before the ter believe it, may I say to those who down, I am sorry to say, but I am not Senate this year, the most critical leg- advise the President. discouraged. islation we may have in a long time? I think the President is probably a Let me read some verses from the We have been stampeded, we have been much better individual by himself, but Book of Luke in the Holy Bible, begin- rushed, and it is unfair to the people of somebody is giving him bad advice. ning with chapter 16, verse 19 and con- this country. Yet it has to be that way. Here is what Hamilton says. Let’s tinuing through verse 31: I have letters from constitutional read what Hamilton says. He is one of There was a certain rich man, which was scholars in response to my inquiry of the three authors of the ‘‘Federalist clothed in purple and fine linen, and fared them as to the war powers of the Papers.’’ Hamilton, who was shot to sumptuously every day. And there was a cer- United States Congress. I received sev- death in Weehawken, NJ, on the 11th of tain beggar named Lazarus, which was laid eral letters from constitutional schol- July, 1804. He died on the 12th of July, at his gate, full of sores, and desiring to be ars from around the country, and I ask fed with the crumbs which fell from the rich 1804; shot by the Vice President of the man’s table. Moreover the dogs came and unanimous consent that they be print- United States; murdered by the Vice licked his sores. And it came to pass that the ed in the RECORD: A letter by Jane E. President of the United States. Let’s beggar died, and was carried by the angels Stromseth, professor of law, George- hear what Alexander Hamilton has to into Abraham’s bosom. The rich man also town University Law Center; a letter say in the Federalist Paper No. 69. died, and was buried. from Tufts University, the Fletcher Read it. These are the ‘‘Federalist Pa- And in hell he lift up his eyes, being in tor- School of Law and Diplomacy, a letter pers.’’ There are 85 of them written by ments, and seeth Abraham afar off, and Laz- signed by Michael J. Glennon, pro- Jay, Hamilton, and Madison. Let’s hear arus in his bosom. And he cried and said, Fa- fessor of international law. what he says about the Commander in ther Abraham, have mercy on me, and send Lazarus, that he may dip the tip of his finger There being no objection, the mate- Chief. I want the Commander in Chief in water, and cool my tongue; for I am tor- rial was ordered to be printed in the to hear me. I want the Commander in mented in this flame. RECORD, as follows: Chief to hear not what ROBERT BYRD But Abraham said, Son, remember that GEORGETOWN UNIVERSITY LAW CENTER, said—who is he?—but read what Alex- thou in thy lifetime receivedst thy good Washington, DC, August 26, 2002. ander Hamilton said: things, and likewise Lazarus evil things; but Hon. ROBERT C. BYRD, The President is to be the ‘‘commander-in- now he is comforted and thou art tormented. U.S. Senate, chief’’ of the army and navy of the United And beside all of this, between us and you Washington, DC. States, and of the militia of the several there is a great gulf fixed; so that they which DEAR SENATOR BYRD: Thank you for your States, when called into the actual service of would pass from hence to you cannot. Nei- letter of July 22, asking for my opinion re- the United States. . . .In most of these par- ther can they pass to us, that would come garding whether the Bush Administration ticulars, the power of the President will re- from thence. currently has sufficient constitutional and/ semble equally that of the king of Great Then he said, I pray thee therefore, father, or statutory authority to introduce U.S. Britain and of the governor of New York. that thou wouldest send him to my father’s Armed Forces into Iraq for the purpose of re- The most material points of difference are house; For I have five brethren: that he may moving Saddam Hussein from power. This these:—First. The President will have only testify unto them, lest they also come into question is of vital importance to our coun- the occasional command of such part of the this place of torment. And Abraham saith try and our Constitution, and I appreciate militia of the nation as by legislative provi- unto him, They have Moses and the proph- the opportunity to address it. sion may be called into the actual service of ets; let them hear them. And he said, Nay, The answer to your question requires an the Union. The king of Great Britain and the father Abraham; but if one went unto them interpretation of the Constitution and of governor of New York have at all times the from the dead they will repent. And he said several statutes, and it also depends on the entire command of all the militia within unto him, if they hear not Moses and the factual circumstances surrounding any con- their several jurisdictions. In this article, prophets, neither will they be persuaded, templated military action. As I discuss therefore— though one rose from the dead. below, if the United States or its armed

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10280 CONGRESSIONAL RECORD — SENATE October 10, 2002 forces are subject to attack or imminent at- go beyond this authority and commence war the contrary, because the Constitution re- tack by Iraq, the President can invoke his without congressional authority. The Found- quires congressional authorization to com- constitutional authority as Commander in ers, in short, made a clear distinction be- mence war, the War Powers Resolution Chief to repel sudden attacks. Also, if the tween defending against attacks initiated by should not be read to confer such authority President establishes a direct link between others and commencing war. on the President. Congress thus expressly Iraq and the attacks of September 11, he can Historical practice since the Constitution’s authorized the 1991 Persian Gulf War and invoke S.J. Res. 23 (Pub. L. No. 107–40) as ratification has not fundamentally altered certainly did not view the War Powers Reso- statutory authority to commit U.S. forces to how we should understand the Constitution’s lution as obviating the need for such author- Iraq. However, based on the facts as they allocation of war powers today. On the con- ization. (I have attached my summary of the have been presented by the Bush Administra- trary, practice cannot supplant or override congressional debate preceding the Gulf War tion as of August 26, 2002, neither an immi- the clear requirements of the Constitution, as an appendix to this letter). nent attack by Iraq nor a clear link between which gives the power to declare or initiate Military Action Against Iraq for the Purpose of Iraq and the September 11 attacks have been war to Congress. Furthermore, of the dozen Removing Saddam Hussein from Power established. Moreover, given the likely scale major wars in American history, five were If the President were to commit U.S. and risks of a U.S. military action to remove formally declared by Congress and six were armed forces to Iraq for the purpose of re- 2 Saddam Hussein from power, the commit- authorized by other legislative measures. moving Saddam Hussein from power, the ment of U.S. forces to Iraq to impose a re- Whatever conclusions one might reach about United States would be embarking on what gime change would constitute a war requir- small-scale uses of force, which admittedly likely would be a major and sustained coming prior congressional authorization, which, raise more complicated issues, the fact re- mitment of military forces in a campaign absent a connection to the September 11 at- mains that major wars have been authorized that would involve enormous risks and sub- by Congress.3 tacks does not presently exist. While serious stantial potential casualties. In order to The War Powers Resolution (Pub. L. No. arguments can be advanced that the 1991 commit U.S. forces to such a military ac- 93–148) aims to ‘‘insure that the collective Gulf War authorization, coupled with subse- judgment of both the Congress and the Presi- tion, the President would need authority to quent legislative action, provide statutory dent’’ apply to the introduction of U.S. act. authority to use U.S. armed forces to remove Constitutionally, the President possesses forces into hostilities and to the continued Saddam Hussein as part of enforcing the Gulf the power to repel sudden attacks, which, in use of those forces. Moreover, it seeks to en- War cease-fire resolution (UN Security Coun- my view, includes the power to forestall im- able the Congress to better fulfill its con- cil Resolution 687), those arguments ulti- minent attacks against the United States stitutional responsibilities by requiring the mately fall short on close examination. In and its armed forces, and to protect Ameri- President ‘‘in every possible instance’’ to sum, whether commencing U.S. military ac- cans in imminent danger abroad.5 In an age ‘‘consult with Congress before introducing’’ tion against Saddam Hussein, in cir- of terrorism, there may well be direct and U.S. armed forces into hostilities or immi- cumstances outside a link to Sept. 11 or an imminent threats to the United States that nent hostilities. Among its other provisions, attack or imminent attack against the require an immediate defensive response by the War Powers Resolution makes clear, in United States, is a wise policy is a question the President and constitute a legitimate ex- Section 8(a), that authority to introduce on which reasonable people can disagree; it ercise of the international right of self-de- U.S. Armed Forces into hostilities or immi- is also a question that ought, under our Con- fense. But, at this point, the President has nent hostilities ‘‘shall not be inferred . . . stitution, to be debated by Congress and its not offered evidence of an imminent attack from any provision of law . . . , including any authorization secured before any such mili- by Iraq on the United States or its forces. provision contained in any appropriation tary action commences. The basis for these The purpose behind the President’s power as Act, unless such provision specifically au- conclusions is set forth full below. Chief Executive and Commander in Chief to thorizes the introduction of United States First Principles ‘‘repel sudden attacks’’ is to give the Presi- Armed Forces into hostilities or into such dent the flexibility to act to defend the As you know well, the Constitution’s war situations and states that it is intended to United States when there is not time to con- powers provisions are part of a structural constitute specific statutory authorization sult with Congress. But the decision to go system of checks and balances designed to within the meaning of this joint resolution.’’ beyond this and to commence a war is vested protect liberty by guarding against the con- This clear-statement rule is designed to in Congress. Moreover, there is time for a centration of power. The Constitution gave serve the constitutional purpose of ensuring thorough legislative debate regarding Iraq; Congress the power to declare war because a clear and deliberate congressional author- the United States and its forces are not cur- the Founders believed that such a significant ization of force. Thus, when Congress author- rently being attacked; military forces would decision should be made not by one person, ized commencement of the Gulf War in 1991, be built up over a period of time before mili- but by the legislature as a whole, to ensure and again when Congress authorized the use tary action could be commenced; and ample careful deliberation by the people’s elected of force in response to the September 11 at- time exists to consult with Congress and representatives and broad national support tacks, it expressly affirmed that it was pro- seek its authorization to use force. before the country embarked on a course so viding specific statutory authorization with- Major military action with far-reaching full of risks. As James Madison put it: ‘‘In no in the meaning of the War Powers Resolu- objectives such as regime change is precisely part of the constitution is more wisdom to tion. the kind of action that constitutionally be found, than in the clause which confides Moreover, the War Powers Resolution should be debated and authorized by Con- the question of war or peace to the legisla- makes clear that it is not intended ‘‘to alter gress in advance. Under present cir- tion, and not to the executive department . the constitutional authority of the Congress cumstances, which admittedly could change, . . [T]he trust and the temptation would be or of the President,’’ nor shall it ‘‘be con- military action against Iraq to force a 1 The Found- too great for any one man. . . .’’ strued as granting any authority to the change in regime would pose significant ers, in short, vested the power to decide President with respect to the introduction of risks to U.S. forces, including risks of Iraqi whether the country should go to war in the United States Armed Forces into hostilities retaliation with weapons of mass destruc- Congress to ensure that the decision to ex- . . . which authority he would not have had tion, and risks of a larger conflict in an al- pose the country to such sacrifices and costs in the absence of this joint resolution.’’ (Sec- ready hemoraging Middle East. Initiating a reflected the judgment and deliberation of tion 8(d)(1) and 8(d)(2)). Thus, contrary to military confrontation of this nature would the legislative branch as a whole. claims sometimes made, the War Powers be a decision to engage in war that is pre- At the same time, the framers wanted a Resolution does not authorize the President cisely the kind of decision the Founders strong Executive who could ‘‘repel sudden 4 On to commit U.S. forces to war for 60 days. vested in Congress by virtue of its power to attacks’’ and act with efficiency and dis- declare war. Moreover, the purposes behind patch in protecting the interests of the 2 President Truman committed U.S. forces to that power (ensuring deliberation, demo- United States in a dangerous world. By mak- Korea without seeking congressional authorization. cratic consensus and national unity before ing the President Commander in Chief, For a discussion of constitutional war powers and moreover, they sought to ensure effective, the Korean War, see Jane Stromseth, ‘‘Rethinking unified command over U.S. forces and civil- War Powers: Congress, The President, and the ment in hostilities is clearly indicated by the cir- ian accountability. My best reading of the United Nations,’’ 81 Georgetown Law Journal 597, cumstances.’’ Whatever effects this statute has, or constitutional sources is that the Founders 621–640 (1993). Congress subsequently enacted legisla- was intended to have on smaller-scale deployments tion to provide funds for the Korean War and to ex- of force, including deployments that involve simply expected the President, as Commander in tend the draft, id. at 626, 630. the prospect of hostilities, the War Powers Resolu- Chief and Chief Executive, to protect the 3 In a longer piece, I discuss original intent, histor- tion cannot be read as authorizing 60 days wars be- United States in a dangerous and uncertain ical practice, and current arguments about war pow- cause of the clear language to the contrary in sec- world by repelling attacks or imminent at- ers more fully and systematically, and I draw upon tions 8(d) and 2(c) of the statute. tacks against the United States, its vessels, my conclusions in that piece here. See Jane E. 5 This interpretation of the President’s authority and its armed forces, but not, on his own, to Stromseth, ‘‘Understanding Constitutional War is consistent with the understanding reflected in the Powers Today: Why Methodology Matters,’’ 106 Yale original Senate version of the War Powers Resolu- L.J. 845 (1996). tion. See S. Rep. No. 93–220, at 22 (1973). For a discus- 1 James Madison, in Alexander Hamilton & James 4 The War Powers Resolution and its 60/90 day sion of the scope of the President’s defensive war Madison, Letters of Pacificus and Helvidius on the time-clock apply to a wide variety of situations in powers, see Stromseth, ‘‘Understanding Constitu- Proclamation of Neutrality of 1793, at 89 (Wash- which U.S. forces are introduced into hostilities as tional War Powers Today: Why Methodology Mat- ington, D.C., J. Gideon & G.S. Gideon, 1845). well as into ‘‘situations where imminent involve- ters,’’ 106 Yale L. J. 845, 888–892 (1996).

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10281 engaging in war) are critical if the American priate force . . . in order to prevent any fu- to remove Saddam Hussein from power in people and American armed forces are being ture acts of international terrorism against order to enforce UN Security Council Resolu- asked to bear those risks. In short, under the the United States’’ by the nations, organization 687? factual circumstances that exist as of the tions or persons responsible for the Sep- The 1991 Authorization for Use of Military date of this letter, the President cannot rely tember 11 attacks. If the link between Iraq Force Against Iraq Resolution does not, on on inherent constitutional authority to com- and the September 11 attacks is tenuous, ad- its face, provide authorization to use force to mit U.S. forces to Iraq for the purpose of re- ditional congressional authorization clearly implement Resolution 687. Adopted prior to moving Saddam Hussein from power. addressing Iraq would better serve the im- the Gulf War, the 1991 Joint Resolution au- Congress’s Post-September 11 Authorization of portant constitutional purposes underlying thorized the President to use U.S. armed Force Congress’s power to declare war: congres- forces pursuant to UN Resolution 687 in order to achieve implementation of specific Whether statutory authority presently ex- sional deliberation and national consensus before the country embarks on a major mili- UN resolutions adopted prior to Resolution ists to introduce U.S. armed forces into Iraq 687. So purely as a temporal matter, the to depose Saddam Hussein depends on wheth- tary action so full of risks. The 1991 Gulf War Authorization cease-fire resolution (687), which came at the er such action would fall within the provi- end of the Gulf War, is not among the UN sions of S.J. Res. 23 (Pub. L. No. 107–40), Some argue that the President has current resolutions enumerated in the 1991 Joint adopted in response to the September 11 at- authority to use U.S. forces against Iraq to Resolution. Consequently, the 1991 author- tacks. remove Saddam Hussein based on the 1991 ization does not provide clear authority to Congress’s authorization for the use of Use of Military Force Against Iraq Resolu- use force today to remove Saddam Hussein force against those responsible for the at- tion (Pub. L. 102–1). This Resolution, adopted from power as a means to enforce the Gulf tacks of September 11 is an express recogni- prior to the 1991 Gulf War, authorized the War cease-fire resolution. tion that Congress and the President both President to use U.S. Armed Forces pursuant Since 1991, Congress has indicated in a have a critical constitutional role to play in to U.N. Security Council Resolution 678 to ‘‘sense of the Congress’’ resolution its sup- the war on terrorism. S.J. Res. 23 authorizes achieve implementation of previous, enumer- port for using ‘‘all necessary means’’ to 6 the President: ‘‘to use all necessary and ap- ated Security Council resolutions. Those Se- achieve the ‘‘goals’’ of UN Resolution 687; propriate force against those nations, orga- curity Council resolutions included Resolu- Congress has also indicated its support for a nizations, or persons he determines planned, tion 660 (1990) demanding that Iraq withdraw policy of regime change in Iraq. Yet, upon authorized, committed, or aided the terrorist immediately from Kuwait. UN Security careful examination, these indications of attacks that occurred on September 11, 2001, Council Resolution 678, in turn, authorized congressional intent do not provide a clear or harbored such organizations or persons, in UN member states cooperating with Kuwait authorization by Congress of the use of U.S. ‘‘to use all necessary means to uphold and order to prevent any future acts of inter- armed forces to attack Iraq to remove Sad- implement resolution 660 (1990) and all subse- national terrorism against the United States dam Hussein from power. If the United quent relevant resolutions and to restore by such nations, organizations or persons.’’ States is to commence war against Iraq, and international peace and security in the Thus, the force must be directed against to expose U.S. forces and citizens to the con- area.’’ In contrast to this UN resolution, those responsible for the September 11th at- siderable costs and sacrifices that this would which refers to ‘‘all subsequent relevant res- tacks, or those who harbored such organiza- entail, both the Constitution and the War olutions,’’ the 1991 congressional authorizations or persons; and the purpose of using Powers Resolution (section 8(a)(1)) expect a tion of force was crafted to refer only to im- force is focused and future-oriented: to pre- clear authorization from Congress that re- plementation of specific UN resolutions vent additional terrorist acts against the flects a deliberate decision to initiate hos- United States by the states, organizations, adopted prior to Resolution 678—resolutions that focus above all on Iraqi withdrawal tilities on a major scale. The various con- or persons responsible for the September gressional actions since 1991 concerning Iraq 11th attacks or who harbored those respon- from Kuwait and restoration of Kuwait’s sovereignty. Congress, in short, tailored its do not provide that authorization. sible. First, Section 1095 of the FY1992 Defense 1991 authorization to the specific goal of lib- Congress’ post-September 11th resolution Authorization Act (Pub. L. 102–190, signed erating Kuwait rather than providing an was an unambiguous decision to authorize December 5, 1991) declared the sense of the force. Like the Gulf War authorization in open-ended authorization of force. Those who invoke the 1991 Use of Military Congress that Iraq’s noncompliance with UN 1991, the authorization explicitly affirms Force Against Iraq Resolution as current au- Resolution 687 constitutes ‘‘a continuing that it ‘‘is intended to constitute specific thority to remove Saddam Hussein begin by threat to the peace, security, and stability of statutory authorization within the meaning noting that Iraq is in material breach of UN the Persian Gulf region’’ and that ‘‘the Con- of section 5(b) of the War Powers Resolu- Security Council Resolution 687 (the Gulf gress supports the use of all necessary means tion.’’ This removes any actions that fall War cease-fire resolution). That resolution to achieve the goals of Security Council Res- within the scope of the authorization from requires Iraq to relinquish all weapons of olution 687 as being consistent with the Au- the War Powers Resolution’s 60-day time- mass destruction and authorized a UN Spe- thorization for Use of Military Force Against clock provision. At the same time, Congress cial Commission (UNSCOM) to monitor Iraq Resolution (Public Law 102–1).’’ At the made clear that the requirements of the War Iraq’s compliance. Resolution 687, in par- same time, Section 1095 also expressed the Powers Resolution otherwise remain applica- ticular, requires Iraq to ‘‘unconditionally ac- sense of the Congress that ‘‘the President ble, which would include the requirement of cept the destruction, removal, or rendering should consult closely with the partners of regular reporting and consultation. More- harmless, under international supervision’’ the United States in the Desert Storm coali- over, in signing the Joint Resolution, Presi- of all chemical and biological weapons and tion and with the members of the United Na- dent Bush made clear that he would consult all ballistic missiles with a range exceeding tions Security Council in order to present a closely with Congress as the United States 150 kilometers and to ‘‘unconditionally un- united front of opposition to Iraq’s con- responds to terrorism. dertake not to use, develop, construct or ac- tinuing noncompliance with Security Coun- Whether this joint resolution authorizes quire’’ such weapons. (Resolution 687, para- cil Resolution 687.’’ military action against Iraq to remove Sad- graphs 8 and 10). Iraq likewise is required not Some may contend that Section 1095 to- dam Hussein from power depends on whether to develop or acquire nuclear weapons or gether with the 1991 Authorization for Use of the requisite link to the attacks of Sep- subsystems or components, and to submit to Military Force Resolution gives the Presi- tember 11 exists or not. That is, did Iraq ongoing monitoring and verification of its dent the authority to use force to commence ‘‘plan [ ], authorize, [ ] commit [ ], or aid [ ] compliance (paragraphs 12, 13). Undoubtedly, war against Iraq to impose a regime change the September 11 attacks,’’ or ‘‘harbor’’ or- Iraq’s persistent refusal to allow full, because the 102nd Congress expressed its ganizations or persons who did? Under the unimpaired weapons inspections is a clear view that using ‘‘all necessary means to terms of the resolution, the President deter- and unacceptable breach of Resolution 687. achieve the goals of Security Council Reso- mines whether such a link to the September The domestic legal question then is: has Con- lution 687’’ is ‘‘consistent with’’ the 1991 au- 11th attacks is established, but Congress un- gress authorized the use of U.S. armed forces thorization of force. Iraq is in material doubtedly expected that the President would breach of Resolution 687, as it was back in make his determination and the basis for it 1991, and thus, according to this argument, known to Congress. In a matter as momen- 6 H.J. Res. 77, Pub. L. No. 102–1, provides in Section the President can use force to achieve Iraq’s tous as commencing hostilities against Iraq, 2(a): ‘‘The President is authorized, subject to subsection (b), to use United States armed forces pursu- compliance, in accordance with Section 1095 Congress and the American people would cer- ant to United Nations Security Council Resolution and the 1991 authorization, by removing Sad- tainly expect a clear and convincing indica- 678 (1990) in order to achieve implementation of Se- dam Hussein from power. tion of evidence linking Iraq to the Sep- curity Council Resolutions 660, 661, 662, 664, 665, 666, Yet, upon careful review, this argument ul- tember 11 attacks. As of August 26, 2002, the 667, 669, 670, 674, and 677.’’ Section 2(b), in turn, re- timately falls short. First, regime change Administration, to my knowledge, has not quires the President, before using force, to make goes beyond the provisions or requirements made such a showing nor publicly argued available to Congress his determination that ‘‘the of UN Resolution 687, so Congress has not that there is a direct link between Iraq and United States has used all appropriate diplomatic provided clear authority for commencing and other peaceful means to obtain compliance by the September 11 attacks. Nor has the Ad- Iraq with the United Nations Security Council reso- hostilities for this purpose as a means to im- ministration presented its views regarding lutions cited in subsection (a); and . . . that those plement 687. It is one thing to use limited whether using force to remove Saddam Hus- efforts have not been and would not be successful in force to enforce no-fly-zones, for instance; it sein from power is ‘‘necessary and appro- obtaining such compliance.’’ is a quite different thing to commence war

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10282 CONGRESSIONAL RECORD — SENATE October 10, 2002 to remove Saddam Hussein from power. Sec- sein from power in Iraq and to promote the President acted together in enacting S.J. ond, and more importantly, Section 1095 does emergence of a democratic government to Res. 23. As our country moves ahead in the not provide the clear authorization of war replace that regime.’’ (sec. 3). But that Act war against terrorism and as it considers that both the Constitution and the War Pow- also declared that ‘‘[n]othing in this Act policy options with respect to Iraq, I sin- ers Resolution expect. Section 1095 does not shall be construed to authorize or otherwise cerely hope that the Congress and the Presi- use the word ‘‘force’’ or ‘‘authorize’’; rather, speak to the use of United States Armed dent will work together as the Constitution it is a ‘‘sense of the Congress’’ resolution in- Forces . . . in carrying out this Act’’ except envisions. dicating that Congress ‘‘supports’’ the use of as provided in section 4(a)(2) of the Act, Please call on me again if I can be of as- ‘‘all necessary means’’ to ‘‘achieve the which authorizes the President to provide assistance. goals’’ of Resolution 687 as being consistent sistance to Iraqi democratic opposition orga- Sincerely, with the 1991 Authorization. Section 1095 nizations through a ‘‘drawdown of defense JANE E. STROMSETH, also fails to fulfil the War Powers Resolu- articles from the stocks of the Department Professor of Law. tion’s clear-statement rule that authority to of Defense, defense services of the Depart- use force cannot be inferred from legislation ment of Defense, and military education and TUFTS UNIVERSITY, THE FLETCHER that does not specifically cite its provisions. training for such organizations.’’ (sec. SCHOOL OF LAW AND DIPLOMACY, Although Section 1095 refers to the 1991 Au- 4(a)(2)). MEDFORD, MA, AUGUST 20, 2002. thorization, it does not itself cite the War Some may argue that the 1991 Authoriza- Hon. ROBERT C. BYRD, Powers Resolution. Constitutionally, reli- tion and Section 1095—combined with Pub. U.S. Senate, Washington, DC. ance on a ‘‘sense of the Congress’’ resolution L. 105–235 (declaring Iraq in material breach DEAR SENATOR BYRD: Thank you for your in a massive defense authorization bill en- of its international obligations); Publ. L. letter of July 22, 2002 requesting my opinion acted over a decade ago as authorization to 105–338 (calling for a regime change in Iraq); whether the President currently has author- commence a war against Iraq today to re- and congressional acquiescence during ‘‘Op- ity under U.S. domestic law to introduce the move Saddam Hussein from power falls short eration Desert Fox’’ (Dec. 16–19, 1998) when U.S. armed forces into hostilities against of a clear contemporaneous authorization of force was used in response to Iraq’s refusal Iraq for the purpose of removing Saddam major military action that is faithful to the to readmit weapons inspectors—amounts to Hussein from power. purposes underlying the Constitution’s vest- implied authorization by Congress to use To summarize, I believe that he does not, ing of the power to declare war in Congress. U.S. armed forces on a more substantial although that conclusion is based upon the The Constitution vested the power to de- scale to remove Saddam Hussein from power. assumption that Iraq was not involved in the clare war in Congress to ensure careful delib- See Dames & Moore v. Regan, 453 U.S. 654 events of September 11, and that use of force eration by the Congress as well as the Presi- (1981) (relying on related legislation and con- for this purpose would risk substantial cas- dent before the United States commenced gressional acquiescence in holding that the ualties or large-scale hostilities over a pro- war. Much has changed over the last decade, President was implicitly authorized to sus- longed duration. I reach that conclusion for particularly after the attacks of September pend claims pending in U.S. courts). the following reasons: A. No treaty currently in force gives the 11, and initiating war against Iraq today This argument falls short as well. While President authority to use force. clearly would involve substantial costs and Congress’s acts and resolutions clearly indi- B. None of the three relevant statutes risks for the United States, our forces and cate its concern about Iraq’s noncompliance citizens, and for our allies. Reasonable peo- gives the President authority to use force. with UN Resolution 687, nowhere in the ple may come to different conclusions on the 1. The War Powers Resolution confers no record is there explicit authorization by Con- merits of this issue. But commencing a power on the President to introduce the gress to commence a war against Iraq to re- major military action against Iraq to re- armed forces into hostilities that he would move Saddam Hussein from power. Sense of move Saddam Hussein from power would not have had in its absence. the Congress resolutions and congressional clearly constitute war, and congressional de- 2. Congress’s Gulf War authorization would acquiescence cannot substitute for a clear liberation and clear authorization is re- confer such power only if Security Council authorization to initiate war. They do not quired. Reliance on an ambiguous ‘‘sense of Resolution 678 did so, and Resolution 678 meet the clear-statement provisions of Sec- the Congress’’ resolution adopted over a dec- probably does not do so. tion 8 of the War Powers Resolution. Fur- ade ago falls short of clear authority to com- a. The authority conferred by Resolution thermore, the principles underlying the Con- mence war against Iraq. The American peo- 678, which authorized use of force against stitution’s decision to vest the power to de- ple, including the brave men and women who Iraq following its invasion of Kuwait, was clare war in Congress are not served by rely- fight for our country, would expect a full de- narrowly circumscribed and was directed at ing on ambiguous indications of Congres- bate and consideration of the issue from reversing the Iraqi invasion of Kuwait. sional intent regarding force. Moreover, Con- b. That authority most likely was extin- their elected representatives in Congress in gress itself decisively closed the door to guished on April 6, 1991, the date the Iraqis light of the circumstances we face today. ‘‘composite’’ interpretations of its intent in notified the United Nations of their accept- The Constitution’s wisdom on this point is 1998, when it made clear that its support for ance of the pertinent provisions of Security compelling: Authorization, if provided by a policy of regime change should not be Council Resolution 687, which declared a for- Congress, ensures that the costs and implica- ‘‘construed to authorize or otherwise speak mal cease-fire. tions of any such action have been fully con- to the use of United States Armed Forces.’’ c. Once extinguished that authority did sidered and that a national consensus to pro- Summing Up not revive when Iraq failed to comply with ceed exists. Congressional authorization also its obligations under Resolution 687. To recap the basic points of this letter: If ensures American combat forces that the d. A decision to revive Resolution 678 must the United States is subject to attack or im- country is behind them, and conveys Amer- be made by the Security Council and cannot minent attack by Iraq, the President clearly ica’s resolve and unity to allies as well as ad- be made by an individual member state. versaries. possesses constitutional authority to use e. It would be inappropriate to infer Secu- To be sure, congressional action since 1991 U.S. armed forces. Likewise, if it can be rity Council intent to revive Resolution 678 indicates Congress’s continuing concern demonstrated that Iraq ‘‘planned, author- from acquiescence by the Council to subse- about Iraq’s noncompliance with UN Resolu- ized, committed, or aided’’ the September 11 quent military strikes against Iraq that were tion 687 and Congress’s support for maintain- attacks, or ‘‘harbored’’ those responsible, the not expressly authorized. ing the no-fly-zones. But Congress has not President would have authority to use force f. The War Powers Resolution requires that provided clear statutory authority to com- under S.J. Res. 23. If the link is tenuous and doubts flowing from ambiguous or unclear mence war against Iraq to overthrow Sad- disputed, however, the constitutional pur- measures be resolved against finding author- dam Hussein. In 1998, in response to Saddam poses underlying the vesting of the power to ity to use force; at a minimum, these consid- Hussein’s continuing defiance of UN Resolu- declare war in Congress would be best served erations raise such doubts. tion 687 and his refusal to allow weapons in- by an additional clear, express authorization 3. S.J. Res. 23 would permit use of force spections, the Senate and House passed a res- of force against Iraq that reflects the delib- against Iraq only if Iraq participated in the olution, S.J. Res. 54 (Pub. L. 105–235, signed eration and judgment of the Congress. Fi- events of September 11. Aug. 14, 1998), which declared Iraq in ‘‘mate- nally, Congress’s authorization of the Per- C. Absent authorization from a treaty or rial breach’’ of its international obligations sian Gulf War, together with subsequent leg- statute, authority to use force against Iraq and ‘‘urged’’ the President ‘‘to take appro- islative action, fall short of a clear author- can derive only the Constitution. The Con- priate action, in accordance with the Con- ization of war against Iraq to remove Sad- stitution’s text, the case law, custom, the institution and relevant laws of the United dam Hussein from power. tent of the Framers, and structural and func- States, to bring Iraq into compliance with Both the Constitution and the War Powers tional considerations all suggest that, to the its international obligations.’’ This did not, Resolution affirm the critical importance of extent that use of force against Iraq would however, provide clear authorization to use ensuring that decisions to commit U.S. risk substantial casualties or large-scale U.S. armed forces. forces to war reflect the deliberation and hostilities over a prolonged duration, prior Later in October 1998, Congress declared in support of both the President and the Con- congressional approval would be required. the Iraq Liberation Act of 1998, Pub. L. 105– gress. Prior to the Persian Gulf War, the I now turn to a closer examination of each 338 (112 Stat. 3178), that it ‘‘should be the pol- President obtained clear authority to use of the three sources from which authoriza- icy of the United States to support efforts to force from Congress. Likewise, in response to tion to use force could in principle derive: a remove the regime headed by Saddam Hus- the September 11 attacks, Congress and the treaty, a statute, or the Constitution.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10283 A. Authorization by treaty to subsection (b), to use the United States noting Iraq’s promise to comply with the the No treaty currently in force gives the Armed Forces pursuant to United Nations Council’s twelve resolutions, demanding that President authority to use force. Indeed, the Security Council Resolution 678 (1990) in Iraq do so, and demanding that Iraq meet ad- United States has never been a party to any order to achieve implementation of Security ditional conditions spelled out in paragraphs treaty that purported to give the President Council Resolutions 660, 661, 662, 664, 665, 666, (2) and (3). Significantly, Resolution 686 fur- authority to use force. The constitutionality 667, 669, 670, 674, and 677.’’ (Subsection (b) re- ther provided that, ‘‘during the period re- of any such treaty would be doubtful in that quired the President to determine, before quired for Iraq to comply with paragraphs 2 it would necessarily divest the House of Rep- using force, that all appropriate diplomatic and 3 above, the provisions of paragraph 2 of resentatives of its share of the congressional and other peaceful means had been used.) resolution 678 (1990) remain valid. . . .’’ war power. (For this reason, all of the United Thus the Gulf War resolution would continue On April 3, 1991, the Security Council States’ mutual security treaties have made to authorize use of force against Iraq if such adopted Resolution 687 which demanded that clear that they do not affect the domestic al- use continues to be authorized under resolu- Iraq destroy all weapons of mass destruction location of power.) Moreover, war-making tion 678 of the Security Council. If Resolu- and set up a comprehensive on-site inspec- authority conferred by any such treaty tion 678 does not continue to authorize the tion regime under the aegis of the UN Spe- would be cut off unless it met the require- United States to use force against Iraq, on cial Commission on Iraq (UNSCOM). The ments of section 8(a)(2) of the War Powers the other hand, the Gulf War resolution Resolution also declared that ‘‘upon official notification by Iraq to the Secretary-General Resolution. Section 8(a)(2) requires, in effect, would not authorize the President to intro- and to the Security Council of its acceptance that any treaty authorizing the use of force duce the armed forces into hostilities of the provisions above a formal cease-fire is meet two conditions. The first condition is against Iraq, and further congressional ap- effective between Iraq and Kuwait and the that any such treaty must ‘‘be implemented proval would be required. This would be true, Member States cooperating with Kuwait in by legislation specifically authorizing’’ the as indicated above, even if the Security Council adopts new approval to use force accordance with resolution 678 (1990).’’ introduction of the armed forces into hos- On April 6, 1991 in a letter from its Iraqi tilities or likely hostilities. This condition is against Iraq, since the existing congressional authorization, the Gulf War resolution, re- Minister of Foreign Affairs, Iraq notified the not met because no treaty is so imple- fers only to specific Security Council meas- President of the Security Council and the mented. The second condition is that any ures adopted at the time of the Gulf War. Secretary-General that it accepted the pro- such implementing legislation must state In considering this key issue, it is helpful visions of the Resolution 687. that it is ‘‘intended to constitute specific to recall the chain of events that led to the In light of this background, can Resolution statutory authorization’’ within the mean- adoption of the relevant congressional and 678 reasonably be construed to continue to ing of the War Powers Resolution. Again, Security Council resolutions: authorize use of force by the United States since no implementing legislation is in ef- On August 2, 1990, Iraq invaded and occu- against Iraq? While reasonable arguments fect, the second condition is also not met. pied the territory of Kuwait. can be made on both sides,2 the more persua- Thus it must be concluded that, if further On August 2, 1990, the Security Council sive argument appears to be that it does not, authority to use force is required, the Presi- adopted the first of the eleven resolutions for these reasons: dent cannot seek that authority from any later set out in Congress’s Gulf War resolu- (a) The authority conferred by Resolution treaty. tion, quoted above. This was Resolution 660, 678 was narrowly circumscribed and was di- * * * * * which condemned the Iraqi invasion of Ku- rected at reversing the Iraqi invasion of Ku- wait and called for an immediate and uncon- B. Authorization by statute wait. Resolution 678 conferred authority to ditional withdrawal. All eleven Security use armed force for three different purposes. The second source to which the President Council resolutions related to the Iraqi inva- (i) The first purpose was to uphold and im- might turn for authority to use force is stat- sion of Kuwait and represented an effort plement resolution 660. Resolution 660, how- utory law. I referred above to the provision gradually to tighten the screws before au- ever, simply called upon Iraq to withdraw of the War Powers Resolution that limits authorizing use of force.1 from Kuwait that goal has been achieved. (ii) thority to use force that can be inferred from On November 29, 1990, the UN Security The second purpose was to uphold and imple- a treaty. A companion provision limits such Council adopted Resolution 678 which, ment ‘‘all subsequent relevant resolutions’’ authority that can be inferred from a stat- among other things, authorized ‘‘all member The phrase could conceivably be construed ute. That provision is section 8(a)(1). Section States to uphold and implement Resolution as referring to any resolution adopted after 8(a)(1) sets out two similar conditions that 660 (1990) and all subsequent relevant resolu- the date on which Resolution 660 was adopt- must be met before authority to use armed tions and to restore international peace and ed, August 2, 1990. Read in context, however, force can be inferred from a given statute. security in the region.’’ The Resolution pro- it seems more likely that the phrase refers The first condition is that such a statute vided that this authority could not be exer- to the nine ‘‘foregoing resolutions’’ that must ‘‘specifically authorize’’ the introduc- cised, however, if Iraq ‘‘on or before January were recalled and reaffirmed in the first pref- tion of the armed forces into hostilities or 15, 1991, fully implements . . . the above- atory clause of Resolution 678. Those resolu- likely hostilities. The second condition is mentioned resolutions. . .’’ (The ‘‘above mentions were ‘‘subsequent to’’ Resolution 660 that such a statute must state ‘‘that it is in- tioned resolutions’’ were the same eleven but of course all preceded Resolution 678. tended to constitute specific statutory au- measures.) ‘‘All subsequent resolutions,’’ it might fur- thorization within the meaning of’’ the War On January 14, 1991, Congress adopted the ther be argued, could hardly be taken as re- Powers Resolution. Unless each condition is Gulf War resolution. ferring to any resolution ever adopted on On January 17, 1991, the United States met, a given statute may not be relied upon any future date by the Security Council. commenced air attacks against Iraq. as a source of authority to use armed force. Such a construction would have had the ef- Arguments challenging the validity of this On February 24, 1991, the United States commenced the ground attack. fect, internationally, divesting the Security provision are essentially frivolous. (Archi- Council of any future role in deciding wheth- bald Cox testified that he was ‘‘aghast’’ at On February 27, 1991, Iraq in a letter to the President of the Security Council, promised er to authorize use of force against Iraq— the contention; I addressed the argument in even though paragraph 5 of Resolution 678 an appendix to my testimony before the Sen- to comply with the twelve Security Council resolutions. explicitly affirms the intent of the Security ate Judiciary Committee on April 17, 2002.) Council ‘‘to remain seized of the matter.’’ The War Powers Resolution cannot itself On February 28, a cease-fire was declared. Domestically, given the incorporation by be relied upon as authorization to introduce On March 2, 1991, the Security Council reference of the phrase in Congress’s Gulf the armed forces into hostilities because it adopted Resolution 686, noting the cease-fire, War resolution, such as interpretation would does not meet these two conditions and because it explicitly provides that it confers no 1 Among other things, those resolutions imposed power on the President to introduce the economic sanctions on Iraq (661), found that the 2 Most commentators have rejected the argument armed forces into hostilities that he would Iraqi annexation of Kuwait was null and void and de- that authority to use force continues to flow from not have had in its absence. Two statutes manded that Iraq rescind its annexation (662), de- Resolution 678. See, e.g., Gray, After the Cease-Fire: manded that Iraq permit the departure of third- Iraq, the Security Council and the Use of Force, 65 now in effect, however, may meet these con- country nationals and ensure their safety (664), au- British Yearbook of International Law 135 (1994); ditions. The first statute is H.J. Res. 77 of thorized member states to halt maritime shipping to Krisch, Unilateral Enforcement of the Collective January 14, 1991 (P.L. 102–1), the law author- Iraq so as to inspect cargoes incident to the eco- Will: Kosovo, Iraq, and the Security Council, 3 Max izing use of force against during the Gulf nomic embargo (665), took steps to ensure a supply Planck United Nations. Y.B. 59 (1999); Lobel & War. The second statute is S.J. Res. 23, the of foodstuffs to alleviate human suffering in Iraq Ratner, Bypassing the Security Council: Ambiguous law enacted by Congress and signed by the (666), demanded the release of diplomatic personnel Authorizations to Use Force, Cease-Fires and the President on September 18, 2001 (P.L. 107–40). seized by Iraq in Kuwait (667), established a consult- Iraqi Inspection Regime, 93 American Journal of ative mechanism to deal with special economic International Law 124 (1999); Tomuschat, Using 1. The Gulf War authorization problems arising from the economic sanctions (669), Force against Iraq, 73 Die Friedens-Warte-Journal of Congress’s Gulf War resolution authorized extended limitations on aircraft destined to land in International Peace and Organization 75 (1997); and the President to use force against Iraq only Iraq or Kuwait (670), demanded that Iraq cease and Dekker & Wessel, Military Enforcement of Arms desist from taking third-country nationals hostage Control in Iraq, 11 Leiden Journal of International to the extent that such use of force had been or otherwise mistreating them or Kuwaiti nationals Law 497 (1998). But see Wedgewood, The Enforcement authorized by the United Nations Security (674), and condemned the Iraqi destruction of civil of Security Council Resolution 687: The Threat of Council. Section 2(a) of P.L. 102–1 provides records maintained by the government of Kuwait Force against Iraq’s Weapons of Mass Destruction, that ‘‘[t]he President is authorized, pursuant (677). 92 American Journal of International Law 724 (1998).

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10284 CONGRESSIONAL RECORD — SENATE October 10, 2002 have effected a massive delegation of the cannot be made by an individual member was designed ‘‘to underscore the prerogatives congressional war power to the Security state. As suggested by the interactive con- of the Security Council in a way that ex- Council—a delegation that would crate pro- text in which the Gulf War was ended, the cludes any question of automaticity. . . . It found constitutional problems. These dif- transaction that brought hostilities to a is the Security Council that must evaluate ficulties are avoided by giving the phrase close was in the nature of an agreement. Its the behavior of a country, if necessary to de- ‘‘all subsequent relevant resolutions’’ the terms were set forth in Resolution 686 and termine any possible violations, and to take meaning that it seems plainly intended to 687. Those terms were agreed to and ap- the appropriate decisions.’’ 5 Even if all five have had, namely, as referring to resolutions proved by Iraq and the U.N. Security Coun- permanent members of the Security Council subsequently to Resolution 660 but adopted cil, not by Iraq and individual member states had remained silent, silence under such cir- before Resolution 678. (iii) The third purpose of the Security Council, and not by Iraq and cumstances does not necessarily signify con- for which Resolution 678 authorized use of individual member states of the Gulf War co- sent or approval. Silence may simply indi- force was to restore international peace and alition. An earlier, informal, battlefield cate a belief that objection is futile. More- security in the region. A broad interpreta- cease-fire was instituted by coalition forces. over, if formal objection were now legally re- tion of that grant of authority would view it But the coalition owed its presence to au- quired, this argument would in effect estab- as permitting use of force against Iraq by thority conferred by the Security Council, lish a new procedure under which each of any state at any point in the future when and the informal cease-fire was superseded those five members would be required to that state concluded that Iraq had disrupted by the formal termination of hostilities set take the affirmative step of voicing objec- that region’s peace and security. The author- out by the Security Council in Resolution tion to acts not authorized by the Council ity to restore peace and security was, how- 687. The parties to that formal undertaking that they did not wish to be seen as approv- ever, like other provisions of Resolution 678 were Iraq and the U.N. Security Council. ing. The U.N. Charter itself places no such authorizing use of force against Iraq, tied to With rare exceptions that are not applicable obligation on the permanent five members of and precipitated by the Iraqi invasion of Ku- here, under long-settled principles of inter- the Council; to prevent the Council from act- wait. Each of the twelve Security Council national law rights flowing from the mate- ing, each is required to voice objection only resolutions cited in Congress’s Gulf War Res- rial breach of an agreement run to the ag- to a formal proposal made by a member of olution relates directly to that invasion. grieved party of the agreement; a state has the Council within the Council’s proceedings, Resolution 687, declaring a ‘‘formal cease- not to the external conduct of third states. fire,’’ appears to have represented a de facto no right to complain of the breach of an agreement to which it is not a party. One of In any event, even if it were appropriate to finding by the Security Council that peace infer the Council’s approval to attack Iraq and security had been restored. It seems un- the rights that flows from the power to complain of the material breach of an agreement from its acquiescence to other attacks on likely that the Security Council, in adopting Iraq, there would be no reason to assume Resolution 678, intended to declare Iraq a is the option to terminate or suspend the agreement in whole or in part. In Resolution that the Council, in its acquiescence, in- free-fire zone into the indefinite future. tended to revive Resolution 678 rather than (b) The authority to use force conferred in 687 the Security Council apparently intended to create new, implicit authority. New, im- Resolution 678 was most likely extinguished to retain that right: paragraph 34 of Resolu- plicit Security Council authority would not April 6, 1991, the date the Iraqis notified the tion 687 provides that the Council, not indi- constitute authorization under Congress’s United Nations of their acceptance of the vidual states, ‘‘shall take such further steps Gulf War Resolution to introduce the armed pertinent provisions of Resolution 687. Under as may be required for the implementation forces into hostilities against Iraq. As noted that Resolution, ‘‘a formal cease-fire’’ took of the present resolution and to secure peace effect upon such notification. The legal obli- and security in the region.’’ Thus it would be above the Gulf War Resolution permits such gations that flow from a formal cease-fire up to the Council as a body to decide what use of force only if it is permitted by Resolu- are incompatible with the legal rights that action to take in response to a breach. Indi- tion 678. New Security Council authoriza- flow from authorization to use force. The Se- vidual states such as the United States have tion, whether given explicitly in the form of curity Council did ‘‘reaffirm’’ Resolution 678 no right to terminate or suspend those provi- a new resolution or implicitly in the form of acquiescence, would not satisfy the terms of in Resolution 949, adopted October 15, 1994, sions of Resolution 687 that caused the au- the Gulf War Resolution and could not, and also in Resolution 1137, adopted Novem- thorities granted in Resolution 678 to be ex- under U.S. domestic law, authorize the ber 12, 1997. However, this was done only in tinguished upon the notification of Iraqi ac- President to introduce the armed forces into prefatory clauses; neither Resolution 949 nor ceptance. The option to terminate or sus- hostilities. Resolution 1137 re-authorizes the use of force pend those provisions resides exclusively in (f) The War Powers Resolution requires against Iraq. No resolution has done so. The the author of Resolution 678 and party to the that doubts flowing from ambiguous or un- Security Council has never declared that ei- agreement with Iraq: the Security Council, clear measures be resolved against finding ther the cease-fire or Resolution 687 is no not individual member states. authority to use force; at a minimum, these longer in effect. (e) It would be inappropriate to infer im- considerations raise such doubts. As dis- (c) The authority to use force conferred in plicit Security Council intent to revive Res- cussed above, section 8(a)(1) of the War Pow- Resolution 678, once extinguished did not re- olution 678 from acquiescence by the Council ers Resolution requires that Congress ‘‘spe- vive when Iraq failed to comply with its obli- to subsequent military strikes against Iraq cifically authorize’’ the introduction of the gations under Resolution 687. Resolution 687 that were not expressly authorized. It can be armed forces into hostilities if its enactment makes clear that the termination of that au- argued that a consistent pattern of acquies- is to suffice as statutory approval. The War thority was conditioned upon Iraq’s notifica- cent practice would constitute evidence of Powers Resolution, in other words, requires tion of acceptance of the pertinent provi- the authoritative interpretation of the Reso- sions of Resolutions 687, not upon Iraq’s com- that doubts flowing from ambiguous or un- lution. However, the right of veto that in- pliance with those provisions. In this regard clear measures be resolved against finding heres in the Council’s five permanent mem- it is instructive to compare the terms of Res- authority to use force. Because serious doubt bers renders this argument unconvincing in olution 687 with the terms of its predecessor exists whether Security Council Resolution these circumstances. All five members have resolution, Resolution 686. Resolution 686 678 confers continuing authority on the not remained silent during each of the subse- implemented a provisional cease-fire fol- United States to use force against Iraq,6 the quent strikes against Iraq; several have on lowing the suspension of hostilities between Gulf War Resolution, which incorporates Se- occasion objected. Following the 1998 air Iraq and the coalition forces. As noted above, curity Council Resolution 678 by reference, strikes on Iraq, for example, the President of Resolution 686 provides that compliance, not cannot be said to constitute specific statu- the Russian Federation declared that ‘‘[t]he acceptance, by Iraq was required with re- tory authorization within the meaning of the U.N. Security Council resolutions on Iraq do spect to two paragraphs of Resolution 686 to War Powers Resolution to introduce the not provide any grounds for such actions. By bring about the termination of authority to armed forces into hostilities against Iraq. the use of force, the U.S. and Great Britain use force. (It is agreed that Iraq has com- For these reasons, I conclude that the Gulf have flagrantly violated the U.N. Charter plied with those two paragraphs.) In con- War authorization is most reasonably con- and universally accepted principles of inter- trast, Resolution 687 provides that accept- strued as conferring no such authority. national law.’’ 3 The Chinese also objected.4 ance, not compliance, was all that was re- When Resolution 1154 was adopted, warning 2. S.J. Res. 23 quired to terminate authority to use force. that continued violations of Iraq’s obliga- The second statute that meets these condi- Had the Security Council intended to cause tions to permit unconditional access to tions is the law enacted by Congress and that authority to revive upon Iraqi non-com- UNSCOM ‘‘would have the severest con- signed by the President on September 18, pliance, the Council presumably would have sequences,’’ the French representative to the 2002, P.L. 107–40, also known as Senate Joint used the same words, or similar words, that Security Council stated that the resolution Resolution 23 or S.J. Res. 23. it used in the preceding resolution to bring The statute contains five whereas clauses. about that result. But it did not. There is no Under traditional principles of statutory indication in the terms of Resolution 687 or 3 Statement of the President of the Russian Fed- any other Security Council resolution that eration, press release of the Mission of the Russian Federation to the U.N., Dec. 20, 1998. 5 U.N. Doc. S/PV.3858, at 15, 18 (1998). the Council intended that Iraqi non-compli- 4 Press release of the Foreign Ministry of China, 6 Because your letter requests my views con- ance would trigger a revival of authority to Dec. 17, 1998 (‘‘The unilateral use of force . . . with- cerning the application of U.S. domestic law, I do use force. out the authorization of the Security Council runs not here discuss whether international law would (d) A decision to revive Resolution 678 counter to the U.N. Charter and the principles of permit use of force against Iraq absent Security must be made by the Security Council and international law.’) Council approval.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10285 construction these provisions have no bind- provision was therefore dropped from the op- to take necessary and appropriate retalia- ing legal effect. Only material that comes erative part of the statute and added as a tory actions in the event of such an attack; after the so-called ‘‘resolving clause’’—Re- final whereas clause, where it remained upon and to forestall the direct and imminent solved by the Senate and House of Rep- enactment. You outlined this history in your threat of such an attack.’’ This formula, un- resentatives of the United States of America remarks on the Senate floor on October 1, like the hastily-crafted words of the S.J. in Congress assembled’’—can have any opera- 2001 (Cong. Rec., daily ed., Oct. 1, 2001 at Res. 23 whereas clause, was drafted over a pe- tive effect. Material set out in a whereas S9949). riod of years, with numerous hearings and clause is purely precatory. Such material Accordingly, unless Iraq participated in advice from the top constitutional scholars may be relevant for the purpose of clarifying the events of September 11, authority for use in the country. It was supported by Senators ambiguities in a statute’s legally operative of force against Iraq must derive from a Fulbright, Symington, Mansfield, Church, terms, but in and of itself such a provision source other than S.J. Res. 23. Only one pos- Cooper, Eagleton, Muskie, Stennis, Aiken, can confer no legal right or obligation. sible source remains: the United States Con- Javits, Case, Percy, Hatfield, Mathias, Scott To determine the breadth of authority constitution. If use of force by the President is and yourself—not an inconsequential group. ferred upon the President by this statute, authorized by the Constitution, no authority They agreed upon a simple premise: that the therefore, it is necessary to examine the le- is needed from any treaty or statute. war power is shared between Congress and the President. gally operative provisions, which are set C. Constitutional authorization forth in section 2(a) thereof. That section This is the premise that animates all ef- A starting point in considering the scope of forts by members of Congress who seek to provides as follows: ‘‘IN GENERAL.—That the the President’s independent constitutional President is authorized to use all necessary have the Executive meet authorization and powers is to note a proposition on which consultation requirements. This is the and appropriate force against those nations, commentators from all points on the spec- organizations, or persons he determines premise that is, for all practical intents and trum have agreed: that the President was purposes, rejected by proponents of sole ex- planned, authorized, committed, or aided the possessed of independent constitutional terrorist attacks that occurred on Sep- ecutive power. power to use force in response to the Sep- The premise flows from each source of con- tember 11, 2001, or harbored such organiza- tember 11 attacks upon the United States. stitutional power: tions or persons, in order to prevent any fu- As was widely observed at the time, the War The constitutional text. Textual grants of ture acts of international terrorism against Powers Resolution itself supports this con- war power to the President are paltry in re- the United States by such nations, organiza- clusion. Its statement of congressional opin- lation to grants of that power to the Con- tions or persons.’’ The central conclusion ion concerning the breadth of independent gress. The president is denominated ‘‘com- that emerges from these words (which rep- presidential power under the Constitution mander-in-chief.’’ In contrast, Congress is resent the only substantive provision of this (section 2(c)(3)) recognizes the President’s given power to ‘‘declare war,’’ to lay and col- statute) is that all authority that the stat- power to use force without statutory author- lect taxes ‘‘to provide for a common de- ute confers is tightly linked to the events of ization in the event of ‘‘a national emer- fense,’’ to ‘‘raise and support armies,’’ to September 11. The statute confers no author- gency created by attack upon the United ‘‘provide and maintain a navy,’’ to ‘‘provide ity unrelated to those events. The statue au- States, its territories or possessions, or its for calling forth the militia to execute the thorizes the President to act only against armed forces.’’ Thus, U.S. military oper- laws of the Union, suppress insurrections and entities that planned, authorized committed, ations in Afghanistan could have been car- repel invasions,’’ to provide for organizing, or aided the terrorist attacks that occurred ried out under the President’s constitutional arming, and disciplining, the militia,’’ and to on September 11. 2002. No authority is pro- authority, even if S.J. Res. 23 had never been ‘’make all laws necessary and proper for car- vided to act against entities that were not enacted. This conclusion has important im- rying into execution...all...powers vested by involved in those attacks. The closing ref- plications for the question you have posed. If this Constitution in the Government of the erence limits rather than expands the au- it turns out that Iraq is linked to the Sep- United States.’’ thority granted, by specifying the purpose tember 11 attacks, S.J. Res. 23 will continue The case law. Support for the Executive for which that authority must be exercised— to suffice, along with the President’s con- derives primarily from unrelated dicta ‘‘to prevent any future acts of international stitutional authority, to provide all nec- pulled acontextually from inapposite cases, terrorism against the United States. . . .’’ essary authorization. such as United States v. Curtiss-Wright No authority is conferred to act for any A more difficult question arises if Iraq was (1936). The actual record is striking: Con- other purpose or to act against ‘‘nations, or- not connected with the September 11 at- gress has never lost a war powers dispute ganizations or persons’’ generally. Action is tacks. In the last 30 years, Congress has on with the President before the Supreme permitted only against ‘‘such’’ nations, orga- two occasions expressed its opinion con- Court. While the cases are few, in every in- nizations or persons, to wit, those involved cerning the scope of the President’s power to stance where the issue of decision-making in the September 11 attacks. use armed force without prior congressional primacy has arisen—from Little v. Barreme The statute thus cannot serve as a source approval the issue. One statement of opinion, (1804) to the Steel Seizure Case (1952)—the of authority to use force in prosecuting the as I mentioned, is set forth in section 2(c)(3) Court has sided with Congress. Custom. It is true that Presidents have war on terrorism against entities other than of the War Powers Resolution. I’ve also al- used armed force abroad over 200 times those involved in the September 11 attacks. luded to the other statement: the final To justify use of force under this statute, throughout U.S. history. It is also true that whereas clause in S.J. Res. 23. That whereas practice can affect the Constitution’s mean- some nexus must be established between the clause expresses the opinion of Congress that entity against which action is taken and the ing and allocation of power. The President’s ‘‘the president has authority under the Con- power to recognize foreign governments, for September 11 attacks. stitution to take action to deter and prevent The requirement of nexus between the Sep- example, like the Senate’s power to condi- acts of international terrorism against the tember 11 attacks and the target of any force tion its consent to treaties, derives largely United States.’’ Obviously, these two state- is reinforced by the statute’s legislative his- from unquestioned practice tracing to the ments are inconsistent. The scope of presi- tory. Unfortunately, because of the trun- earliest days of the republic. But not all dential power to wage war that was recog- cated procedure by which the statute was en- practice is of constitutional moment. A prac- nized by Congress in the War Powers Resolu- acted, no official legislative history can be tice of constitutional dimension must be re- tion is much narrower than that recognized compiled that might detail what changes garded by both political branches as a jurid- in S.J. Res. 23. If the President only has were made in the statute and why. It has ical norm, the incidents comprising the prac- power to act alone in ‘‘a national emergency been reported unofficially however, that the tice must be accepted, or at least acquiesced created by attack upon the United States, Administration initially sought the enact- in, by the other branch. In many of the its territories or possessions, or its armed ment legislation which would have set out precedents cited, Congress objected. Further- forces,’’ then he obviously is without power broad authority to act against targets not more, the precedents must be on point. Here, to ‘‘to take action to deter and prevent acts linked to the September 11 attacks. The many are not. Nearly all involved fights with of international terrorism against the statute proposed by the Administration re- pirates, clashes with cattle rustlers, trivial United States’’ where no attack upon the portedly would have provided independent naval engagements and other minor uses of United States has occurred. Which state- authority for the President to ‘‘deter and force not directed at significant adversaries, ment is correct? preempt any future acts of terrorism or ag- or risking substantial casualties or large- In my view, neither. The statement in the gression against the United States.’’ 7 Mem- scale hostilities over a prolonged duration. War Powers Resolution is overly narrow, and bers of Congress from both parties, however, In a number of the ‘‘precedents,’’ Congress the statement in S.J. Res. 23 is overly broad. reportedly objected to this provision.8 The actually approved of the executive’s action The original, Senate-passed version of the by enacting authorizing legislation (as with War Powers Resolution contained wording, the Barbary Wars). 7 Helen Dewar & Juliet Eilperin, Emergency Fund- which was dropped in conference, that came Structure and function. If any useful prin- ing Deal Reached; Hill Leaders Agree to Work Out close to capturing accurately the scope of ciple derives from structural and functional Language on Use of Force, Wash. Post, Sept. 14, 2001 the President’s independent constitutional considerations, it is that the Constitution at A30. 8 Helen Dewar & John Lancaster, Congress Clears power. It provided—in legally binding, not gives the Executive primacy in emergency Use of Force, Aid Package; $40 Billion—Double precatory, terms—that the President may war powers crises, where Congress has no Bush’s Request—Earmarked for Rebuilding. Terror use force ‘‘to repel an armed attack upon the time to act, and that in non-emergency situ- Response, Wash. Post, Sept. 16, 2001 at A11. United States, its territories or possessions; ations—circumstances where deliberative

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10286 CONGRESSIONAL RECORD — SENATE October 10, 2002 legislative functions have time to play out— Chief. The practical effect of the 60-day limit ginia be printed in the RECORD. It is an congressional approval is required. is to shift the burden to the President to excellent summary of the concerns Intent of the Framers. Individual convince the Congress of the continuing need that many of us have in rushing into quotations can be, and regularly are, drawn for the use of our armed forces abroad. We out of context and assumed to represent a cannot say that placing that burden on the this war, and I want to thank the Sen- factitious collective intent. It is difficult to President unconstitutionally intrudes upon ator for that. I think it is important read the primary sources, however, without his executive powers. this be in the RECORD of the Senate as drawing the same conclusion drawn by Abra- ‘‘We believe that Congress may, as a gen- a part of this debate today. ham Lincoln. He said: ‘‘The provision of the eral constitutional matter, place a 60-day There being no objection, the mate- Constitution giving the war-making power limit on the use of our armed forces as re- rial was ordered to be printed in the to Congress, was dictated, as I understand it, quired by the provisions of [section 5(b)] of by the following reasons. Kings had always the Resolution. The Resolution gives the RECORD, as follows: been involving and impoverishing their peo- President the flexibility to extend that dead- [From the New York Times, Oct. 10, 2002] ple in wars, pretending generally, if not al- line for up to 30 days in cases of ‘‘unavoid- CONGRESS MUST RESIST THE RUSH TO WAR ways, that the good of the people was the ob- able military necessity.’’ This flexibility is, ject. This our convention understood to be we believe, sufficient under any scenarios we (By Robert C. Byrd) the most oppressive of all kingly oppres- can hypothesize to preserve his function as A sudden appetite for war with Iraq seems sions; and they resolved to so frame the Con- Commander-in-Chief. The practical effect of to have consumed the Bush administration stitution that no one man should hold the the 60-day limit is to shift the burden to the and Congress. The debate that began in the power of bringing this oppression upon us.’’ President to convince the Congress of the Senate last week is centered not on the fun- Chief Justice William Rehnquist, quoting continuing need for the use of our armed damental and monumental questions of Justice Robert Jackson in Dames & Moore v. forces abroad. We cannot say that placing whether and why the United States should Regan (1981), shared Lincoln’s belief that the that burden on the President unconstitution- go to war with Iraq, but rather on the me- Framers’ rejected the English model. He ally intrudes upon his executive powers. chanics of how best to wordsmith the presi- said: ‘‘The example of such unlimited execu- ‘‘Finally, Congress can regulate the Presi- dent’s use-of-force resolution in order to give tive power that must have most impressed dent’s exercise of his inherent powers by im- him virtually unchecked authority to com- the forefathers was the prerogative exercised posing limits by statute.’’ 9 mit the nation’s military to an unprovoked by George III, and the description of its evils Finally, it is worth recalling that much attack on a sovereign nation. in the Declaration of Independence leads me the same issue arose prior to the outset of How have we gotten to this low point in to doubt that they were creating their new the Gulf War. The President, executive the history of Congress? Are we too feeble to Executive in his image.’’ branch lawyers maintained, was constitu- resist the demands of a president who is de- Notwithstanding the plain import of these tionally empowered to place the United termined to bend the collective will of Con- sources of constitutional power, some argue States at war against Iraq without congres- gress to his will—a president who is chang- that the only role for Congress occurs after sional approval. A number of Members of ing the conventional understanding of the the fact—in cutting off funds if the president Congress brought an action seeking an in- term ‘‘self-defense’’? And why are we allow- commences a war that Congress does not junction to prevent him from initiating an ing the executive to rush our decision-mak- support. Two problems inhere in this theory. offensive attack against Iraq without first ing right before an election? Congress, under First, it reads the declaration-of-war clause securing a declaration of war or some other pressure from the executive branch, should out of the Constitution as a separate and explicit congressional authorization. The ac- not hand away its Constitutional powers. We independent check on presidential power. tion was dismissed by a federal district court should not hamstring future Congresses by The Framers intended to give Congress con- as not yet ripe for review. In the course of casting such a shortsighted vote. We owe our trol over waging war before the decision to doing so, however, the court made the fol- country a due deliberation. go to war is made. Giving Congress a role lowing pithy but important observation, I have listened closely to the president. I only after the fact, however, would make its which seems directly pertinent to events un- have questioned the members of his war cab- power to declare war nothing but a mere folding today: ‘‘If the Executive had the sole inet. I have searched for that single piece of congressional trumpet to herald a decision power to determine that any particular of- evidence that would convince me that the made elsewhere. fensive military operation, no matter how president must have in his hands, before the Second, the theory flies in the face of the vast, does not constitute war-making but month is out, open-ended Congressional au- Framers’ manifest intention to make it more only an offensive military attack, the con- thorization to deliver an unprovoked attack difficult to get into war than out of it. This gressional power to declare war will be at on Iraq. I remain unconvinced. The presi- approach would do the opposite. If the only the mercy of a semantic decision by the Ex- dent’s case for an unprovoked attack is cir- congressional option is to wait for the presi- ecutive. Such an ‘‘interpretation’’ would cumstantial at best. Saddam Hussein is a dent to begin a war that Congress does not evade the plain language of the constitution, threat, but the threat is not so great that we wish the nation to fight and then cut off and it cannot stand: 10 funds, war can be instituted routinely with To the extent that use of force against Iraq must be stampeded to provide such authority no congressional approval—and seldom if to remove Saddam Hussein from power to this president just weeks before an elec- ever ended quickly. The practical method of would risk substantial casualties or large- tion. cutting off funds is to attach a rider to the scale hostilities over a prolonged duration, I Why are we being hounded into action on a Department of Defense authorization or ap- therefore conclude that prior congressional resolution that turns over to President Bush propriation legislation. This means, nec- approval would be required. the Congress’s Constitutional power to de- essarily, passing the legislation by a two- Sincerely, clare war? This resolution would authorize thirds vote so as to overcome the inevitable MICHAEL J. GLENNON, the president to use the military forces of presidential veto. The alternative is for Con- Professor of International Law. this nation wherever, whenever and however he determines, and for as long as he deter- gress to withhold funding altogether—and be Ms. STABENOW. Will my friend from blamed by the president for closing down not mines, if he can somehow make a connection West Virginia yield for a moment? to Iraq. It is a blank check for the president merely the Pentagon but perhaps the entire Mr. BYRD. Yes, I would be happy to. federal government. The short of it is, there- to take whatever action he feels ‘‘is nec- fore, that to view the congressional appro- Ms. STABENOW. Before the Senator essary and appropriate in order to defend the priations power as the only constitutional concludes this evening, I wanted to national security of the United States check on presidential war power is for all thank him, as a new Member to this against the continuing threat posed by practical purposes to eliminate the declara- body, for his incredible commitment to Iraq.’’ This broad resolution underwrites, tion-of-war clause as a constitutional re- our Constitution, our country, and our promotes and endorses the unprecedented straint on the president. people. It has been an inspirational Bush doctrine of preventive war and pre- For reasons such as these, the Office of time for me to watch the Senator from emptive strikes—detailed in a recent publication, ‘‘National Security Strategy of the Legal Counsel of the Justice Department West Virginia on the floor, listen to his concluded in 1980 that the core provision of United States’’—against any nation that the the War Powers Resolution—the 60-day time arguments, and see his dedication. I president, and the president alone, deter- limit—is constitutional. It said: ‘‘We believe have been proud to stand with him in mines to be a threat. that Congress may, as a general constitu- opposing this resolution. We are at the graves of moments. Members tional matter, place a 60-day limit on the use I ask unanimous consent that a New of Congress must not simply walk away from of our armed forces as required by the provi- York Times op-ed written today by the their Constitutional responsibilities. We are sions of [section 5(b)] of the Resolution. The distinguished Senator from West Vir- the directly elected representatives of the Resolution gives the President the flexibility American people, and the American people to extend that deadline for up to 30 days in expect us to carry out our duty, not simply 9 Presidential Power to Use the Armed Forces cases of ‘‘unavoidable military necessity.’’ Abroad without Statutory Authorization, 4A, Op. Of- hand it off to this or any other president. To This flexibility is, we believe, sufficient fice of the Legal Counsel, Dept of Justice 185, 196 do so would be to fail the people we represent under any scenarios we can hypothesize to (1980). and to fall woefully short of our sworn oath preserve his function as Commander-in- 10 Dellums v. Bush, 752 F. Supp. 1141 (D.D.C. 1990). to support and defend the Constitution.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10287 We may not always be able to avoid war, wherever, whenever, and however he deter- Mr. BYRD. Yes. particularly if it is thrust upon us, but Con- mines, and for as long as he determines if he Mr. SARBANES. This, of course, is a gress must not attempt to give away the au- can somehow make a connection to Iraq. decision with far-sweeping con- thority to determine when war is to be de- And there actually were other pro- sequences, certainly as it deals with clared We must not allow any president to posals to narrow that authority, but of Iraq and all of its implication. But the unleash the dogs of war at his own discretion course none of them carried. and or an unlimited period of time. precedent is being established in terms Yet that is what we are being asked to do. Further quoting: of the future, it seems to me, and that The judgment of history will not be kind to It is a blank check for the president to constitutes a major erosion of the role us if we take this step. take whatever action he feels ‘‘is necessary of the Congress with respect to the Na- Members of Congress should take time out and appropriate in order to defend the national security of the United States against tion going to war. and go home to listen to their constituents. Mr. BYRD. It does. And it is easy We must not yield to this absurd pressure to the continuing threat posed by Iraq.’’ act now, 27 days before an election that we I say to my colleague from West Vir- enough, I suppose, to pass this resolu- will determine the entire membership of the ginia, it seems to me clear that upon tion. But should we try to negate it, House of Representatives and that of a third approval of this resolution, as far as should we try to repeal it, should we of the Senate. Congress should take the time the Congress is concerned, war has try to change the law, a President can to hear from the American people, to answer veto any change that Congress might their remaining questions, and to put the been declared against Iraq. Would the Senator agree with that observation? bring along later, any change it might frenzy of ballot-box politics behind us before enact, in order to overturn this law it we vote. We should hear them well, because Mr. BYRD. I do, I do. And I say fur- while it is Congress that casts the vote, it is ther to my dear friend that as soon as is now about to adopt. the American people who will pay for a war this resolution is adopted and signed Mr. SARBANES. I am glad the dis- with the lives of their sons and daughters. by the President of the United States, tinguished Senator made that point be- Mr. SARBANES. Will the Senator Congress is out of it. It is on the side- cause that is the next item I wanted to yield? lines. We may wish we could say some- go to. People could say: If the cir- Mr. BYRD. Mr. President, let me thing. We may wish we could do some- cumstances changed and the Congress first thank the Senator from Michigan, thing. But as far as the human eye can wants to pull it back, why not come in, DEBBIE STABENOW, for her eloquence, see, we are out of it until such time as pass a law, and pull it back? But the for her steadfast determination to Congress asks to repeal this legislation fact is that a President who wanted to stand by the Constitution as she has or to put a limit on it internally. keep that authority and may well want shown so many days, so many times in Mr. SARBANES. Let me ask my col- to use it, as long as he could keep the recent days. I thank her for being the league this question: Suppose some un- support of one-third—not of each House Senator she is, a Senator who is in- foreseen, extraordinary development of the Congress but only one-third of debted to her people and stands every should take place after this resolution one House, either a third of the Sen- day somewhere in this Senate complex is passed and sent down and signed by ators, plus one, or a third of the Mem- working for the people she represents. I the President which transforms per- bers of the House of Representatives— have received great inspiration from haps the weapons of mass destruction he could negate congressional action watching her. I serve on the Budget situation. The President, though, could that tried to pull back this war-making Committee with her and she is an out- still move ahead and go to war, could authority, could he not? standing voice for the people who be- he not? Mr. BYRD. The distinguished Sen- lieve in the Constitution, who takes a Mr. BYRD. Yes. ator from Maryland is absolutely cor- stand and is so eloquent, so articulate Mr. SARBANES. They would have rect. It only takes a majority of both on behalf of that Constitution. been given the authority to do that; Houses to pass this resolution, but it I thank the Senator from Michigan would that be correct? would take two-thirds in the future if from the bottom of my heart. Mr. BYRD. Absolutely. We would the President should attempt to veto a I am about to yield the floor. have handed this over to the Presi- substitute piece of legislation by this Mr. SARBANES. Will the Senator dent—lock, stock, and barrel. Here it Congress to abort what we are doing yield for a moment? is. here today, to appeal it, to amend it. Mr. BYRD. Yes. Mr. SARBANES. When would the One-third plus one in either body could Mr. SARBANES. Mr. President, I join President have to decide whether he uphold the President’s veto, and that my colleague from Michigan in ex- was going to use this authority? Let’s legislation would not become law. pressing my deep thanks to the Sen- assume with respect to passing it later Mr. SARBANES. I think that is a ator from West Virginia for his ex- in the evening—although I will oppose point we have not really touched on traordinarily effective and powerful it—assuming it is passed and the Con- much in this debate, but I think it is presentations in the course of this de- gress authorizes the President to go to an extremely important point. bate. I was also planning to put this ar- war, in effect, with Iraq, is there a What has happened—you pass this ticle in, as my colleague has already limit on the time period in which the resolution, you make a major grant of done. It is a very powerful statement President could then use that power to war-making authority to the Presi- that appeared in this morning’s New launch war against Iraq? dent, but then if subsequently you de- York Times entitled ‘‘Congress Must Mr. BYRD. There is no limit. cide it ought to be pulled back or ought Resist the Rush to War.’’ The Senator I offered an amendment, and the dis- not be exercised by the President, it is from West Virginia, as he always does, tinguished Senator from Maryland sup- extraordinarily difficult to do that, so asks some very piercing questions and ported that amendment today, as the not only have you given the President calls the Congress to its responsibil- distinguished Senator from Minnesota this broad power to begin with, but the ities. supported it, the distinguished Senator way the system is constructed, he can Let me quote a paragraph or two from Michigan, the distinguished Sen- hold on to that power, even if a major- from the article: ator from New York, but we only got 31 ity of both Houses of the Congress This broad resolution underwrites, pro- votes. That amendment was defeated. which gave the power want to take it motes and endorses the unprecedented Bush Mr. SARBANES. That underscores back. Is that not correct? doctrine of preventive war and pre-emptive what the distinguished Senator says in strikes—detailed in a recent publication, Mr. BYRD. The Senator could not be ‘‘National Security Strategy of the United this op-ed piece that appeared in this more correct. The Senator is abso- States’’—against any nation that the presi- morning’s New York Times. I quote: lutely correct. dent, and the president alone, determines to We may not always be able to avoid war, Mr. SARBANES. It is worth engaging be a threat. particularly if it is thrust upon us, but Con- in this discussion just to underscore Of course, the particular resolution gress must not attempt to give away the au- the sweep of authority that is being that is before the Senate, as is pointed thority to determine when war is to be de- provided. clared. We must not allow any president to Again, I thank my colleague for his out in this article, and I quote the Sen- unleash the dogs of war at his own discretion ator from West Virginia: and for an unlimited period of time. leadership on this issue and especially This resolution would authorize the presi- Yet that is what we are being asked to do commend him for what I thought was a dent to use the military forces of this nation [in the resolution before the Senate]. very thoughtful and powerful article. I

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10288 CONGRESSIONAL RECORD — SENATE October 10, 2002 encourage people across the country to ment to this body and to our Constitu- In 1998, Saddam Hussein pressured read this article. It is a very succinct, tion. I join with the remarks by both the United Nations to lift the sanctions analytical, and perceptive statement of the Senators from Michigan and Mary- by threatening to stop all cooperation the issues that are at stake. land, expressing our appreciation for with the inspectors. In an attempt to Mr. BYRD. Mr. President, I thank the way in which he has waged this resolve the situation, the U.N., un- the distinguished Senator from Mary- battle on behalf of his convictions. It is wisely in my view, agreed to put limits land. He is a great Senator. I am proud a lesson to us all. on inspections of designated sovereign of the years I have served with him. We Today, Mr. President, we are asked sites, including the so-called Presi- have gone through some interesting whether to give the President of the dential palaces—which in reality were times here in the Senate. We stood be- United States authority to use force in huge compounds, well suited to hold side one another, shoulder to shoulder, Iraq should diplomatic efforts fail to weapons labs, stocks, and records shoulder to shoulder in fighting for dismantle Saddam Hussein’s chemical which Saddam Hussein was required by this Constitution on several occa- and biological weapons and his nuclear U.N. resolution to turn over. sions—the line-item veto, constitu- program. When Saddam blocked the inspection tional amendment to balance the budg- I am honored to represent nearly 19 process, the inspectors left. As a result, et, and on other occasions. I thank the million New Yorkers, a thoughtful de- President Clinton, with the British and people of Maryland for sending him and mocracy of voices and opinions who others, ordered an intensive 4-day air for keeping him here. make themselves heard on the great assault, Operation Desert Fox, on I would say that the Republic will issues of our day, especially this one. known and suspected weapons of mass long live, as long as the people of Many have contacted my office about destruction sites and other military America send Senators here like PAUL this resolution, both in support of and targets. in opposition to it. I am grateful to all SARBANES. In 1998, the United States also I thank the people of Maryland, and who have expressed an opinion. changed its underlying policy toward I also greatly respect the differing I thank God for him. Iraq from containment to regime opinions within this body. The debate Mr. President, I am about to yield change and began to examine options they engender will aid our search for a the floor. I have been asked by the dis- to effect such a change, including sup- wise, effective policy. Therefore, on no tinguished Senator from New York to port for Iraqi opposition leaders within account should dissent be discouraged yield to her. How much time do I have? the country and abroad. In the 4 years or disparaged. It is central to our free- The PRESIDING OFFICER (Mr. JEF- since the inspectors, intelligence re- dom and to our progress, for on more FORDS). The Senator has 42 minutes. ports show that Saddam Hussein has than one occasion history has proven Mr. BYRD. Mr. President, I do not in- worked to rebuild his chemical and bio- our great dissenters to be right. tend to hold the floor much longer. I believe the facts that have brought logical weapons stock, his missile de- How much time will the Senator from us to this fateful vote are not in doubt. livery capability, and his nuclear pro- New York, Mrs. CLINTON, wish me to Saddam Hussein is a tyrant who has gram. He has also given aid, comfort, yield to her? tortured and killed his own people, and sanctuary to terrorists, including Mrs. CLINTON. Twenty minutes. even his own family members, to main- al-Qaida members, though there is ap- Mr. BYRD. Mr. President, I yield 20 tain his iron grip on power. He used parently no evidence of his involve- minutes to the Senator, and I reserve chemical weapons on Iraqi Kurds and ment in the terrible events of Sep- the remainder of my time. on Iranians, killing over 20,000 people. tember 11, 2001. The PRESIDING OFFICER. The Sen- Unfortunately, during the 1980s, It is clear, however, that if left un- ator from New York is recognized. while he engaged in such horrific activ- checked, Saddam Hussein will continue Mr. MCCAIN. Will the Senator from ity, he enjoyed the support of the to increase his capability to wage bio- New York just yield for a second to American Government because he had logical and chemical warfare and will me? oil and was seen as a counterweight to keep trying to develop nuclear weap- Mr. BYRD. And I yield to the distin- the Ayatollah Khomeini in Iran. ons. Should he succeed in that endeav- guished Senator whatever time he In 1991, Saddam Hussein invaded and or, he could alter the political and se- needs. occupied Kuwait, losing the support of curity landscape of the Middle East Mr. MCCAIN. I point out the distin- the United States. The first President which, as we know all too well, affects guished chairman of the Foreign Rela- Bush assembled a global coalition, in- American security. tions Committee has not had an oppor- cluding many Arab States, and threw This much is undisputed. The open tunity to speak. In all due respect, I Saddam out after 43 days of bombing questions are: What should we do about would like to give the chairman of the and hundreds of hours of ground oper- it? How, when, and with whom? Foreign Relations Committee the re- ations. The United States led the coali- Some people favor attacking Saddam spect he deserves. tion, then withdrew, leaving the Kurds Hussein now, with any allies we can Mr. BIDEN. I thank the Senator. I and the Shiites, who had risen against muster, in the belief that one more am delighted to wait in line, and I will Saddam Hussein at our urging, to round of weapons inspections would wait until after the Senator has fin- Saddam’s revenge. not produce the required disarmament ished. As a condition for ending the con- and that deposing Saddam would be a Mr. BYRD. Mr. President, how much flict, the United Nations imposed a positive good for the Iraqi people and time do I have remaining? number of requirements on Iraq, would create the possibility of a sec- The PRESIDING OFFICER. Forty- among them disarmament of all weap- ular, democratic state in the Middle one minutes. ons of mass destruction, stocks used to East, one which could, perhaps, move Mr. BYRD. I yield 20 minutes to the make such weapons, and laboratories the entire region toward democratic re- Senator from New York, Mrs. CLINTON, necessary to do the work. Saddam Hus- form. and I yield 20 minutes, leaving myself 1 sein agreed and an inspection system This view has appeal to some because minute, to the Senator from Delaware, was set up to ensure compliance. it would assure disarmament; because Mr. BIDEN. Though he repeatedly lied, delayed, it would right old wrongs after our I thank the distinguished Senator and obstructed the inspectors’ work, abandonment of the Shiites and Kurds from Arizona for reminding me the the inspectors found and destroyed far in 1991 and our support for Saddam Senator from Delaware had been wait- more weapons of mass destruction ca- Hussein in the 1980s when he was using ing very patiently. pability than were destroyed in the chemical weapons and terrorizing his I thank all Senators. gulf war, including thousands of chem- people; and because it could give the Mr. BIDEN. No problem. ical weapons, large volumes of chem- Iraqi people a chance to build a future Mrs. CLINTON. Mr. President, I ical and biological stocks, a number of in freedom. thank the Senator from West Virginia missiles and warheads, a major lab However, this course is fraught with for his courtesy. By far beyond that, I equipped to produce anthrax and other danger. We and our NATO allies did not thank him for his leadership and his bioweapons, as well as substantial nu- depose Mr. Milosevic, who was respon- eloquence and his passion and commit- clear facilities. sible for more than a quarter of million

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In- sions, I believe the best course is to go like in requiring the diplomatic route stead, by stopping his aggression in to the United Nations for a strong reso- first and placing highest priority on a Bosnia and Kosovo, and keeping the lution that scraps the 1998 restrictions simple, clear requirement for unlim- tough sanctions, we created the condi- on inspections and calls for complete, ited inspections, I take the President tions in which his own people threw unlimited inspections, with coopera- at his word that he will try hard to him out and led to his being in the tion expected and demanded from Iraq. pass a United Nations resolution and dock and being tried for war crimes as I know the administration wants seek to avoid war, if possible. we speak. more, including an explicit authoriza- Because bipartisan support for this If we were to attack Iraq now, alone tion to use force, but we may not be resolution makes success in the United or with few allies, it would set a prece- able to secure that now, perhaps even Nations more likely and war less like- dent that could come back to haunt us. later. If we get a clear requirement for ly, and because a good faith effort by In recent days, Russia has talked of an unfettered inspections, I believe the the United States, even if it fails, will invasion of Georgia to attack Chechen authority to use force to enforce that bring more allies and legitimacy to our rebels. India has mentioned the possi- mandate is inherent in the original 1991 cause, I have concluded, after careful bility of a preemptive strike on Paki- United Nations resolutions, as Presi- and serious consideration, that a vote stan. What if China should perceive a dent Clinton recognized when he for the resolution best serves the secu- threat from Taiwan? launched Operation Desert Fox in 1998. rity of our Nation. If we were to defeat So, for all its appeal, a unilateral at- If we get the resolution the President this resolution or pass it with only a tack, while it cannot be ruled out, is seeks, and Saddam complies, disar- few Democrats, I am concerned that not a good option. mament can proceed and the threat those who want to pretend this prob- Others argue that we should work can be eliminated. Regime change will, lem will go way with delay will oppose through the United Nations and should of course, take longer but we must still any United Nations resolution calling only resort to force if and when the work for it, nurturing all reasonable for unrestricted inspections. United Nations Security Council ap- forces of opposition. This is a difficult vote. This is prob- proves it. This too has great appeal for If we get the resolution and Saddam ably the hardest decision I have ever different reasons. The United Nations does not comply, we can attack him had to make. Any vote that may lead deserves our support. Whenever pos- with far more support and legitimacy to war should be hard, but I cast it sible we should work through it and than we would have otherwise. with conviction. Perhaps my decision strengthen it, for it enables the world If we try and fail to get a resolution is influenced by my 8 years of experi- to share the risks and burdens of global that simply calls for Saddam’s compli- ence on the other end of Pennsylvania security and when it acts, it confers a ance with unlimited inspections, those Avenue in the White House watching legitimacy that increases the likeli- who oppose even that will be in an in- my husband deal with serious chal- hood of long-term success. The United defensible position. And, we will still lenges to our Nation. I want this Presi- Nations can lead the world into a new have more support and legitimacy than dent, or any future President, to be in era of global cooperation. And the if we insist now on a resolution that in- the strongest possible position to lead United States should support that goal. cludes authorizing military action and our country in the United Nations or in But there are problems with this ap- other requirements giving other na- war. Secondly, I want to ensure that proach as well. The United Nations is tions superficially legitimate reasons Saddam Hussein makes no mistake an organization that is still growing to oppose Security Council action. about our national unity and support and maturing. It often lacks the cohe- They will say, we never wanted a reso- for the President’s efforts to wage sion to enforce its own mandates. And lution at all and that we only support America’s war against terrorists and when Security Council members use the U.N. when it does exactly want we weapons of mass destruction. Thirdly, I the veto on occasion for reasons of nar- want. want the men and women in our Armed row national interest, it cannot act. In I believe international support and Forces to know that if they should be Kosovo, the Russians did not approve legitimacy are crucial. After shots are called upon to act against Iraq our the NATO military action because of fired and bombs are dropped, not all country will stand resolutely behind political, ethnic, and religious ties to consequences are predictable. While them. the Serbs. the military outcome is not in doubt, My vote is not, however, a vote for The United States, therefore, could should we put troops on the ground, any new doctrine of preemption or for not obtain a Security Council resolu- there is still the matter of Saddam unilateralism or for the arrogance of tion in favor of the action necessary to Hussein’s biological and chemical American power or purpose, all of stop the dislocation and ethnic cleans- weapons. Today he has maximum in- which carry grave dangers for our Na- ing of more than a million Kosovar Al- centive not to use them or give them tion, the rule of international law, and banians. However, most of the world away. If he did either, the world would the peace and security of people was with us because there was a gen- demand his immediate removal. Once throughout the world. uine emergency with thousands dead the battle is joined, with the outcome Over 11 years have passed since the and a million more driven from their certain, he will have maximum incen- UN called on Saddam Hussein to rid homes. As soon as the American-led tive to use weapons of mass destruc- himself of weapons of mass destruction conflict was over, Russia joined the tion and give what he can’t use to ter- as a condition of returning to the world peacekeeping effort that is still under- rorists who can torment us with them community. way. long after he is gone. We cannot be par- Time and time again, he has frus- In the case of Iraq, recent comments alyzed by this possibility, but we would trated and denied these conditions. indicate that one or two Security be foolish to ignore it. According to re- This matter cannot be left hanging for- Council members might never approve cent reports, the CIA agrees with this ever with consequences we would all forces against Saddam Hussein until he analysis. A world united in sharing the live to regret. War can yet be avoided, has actually used chemical, biological, risk at least would make this occur- but our responsibility to global secu- or God forbid, nuclear weapons. rence less likely and more bearable and rity and the integrity of United Na- So, the question is how do we do our would be far more likely to share the tions resolutions protecting it cannot. best to both diffuse the threat Saddam considerable burden of rebuilding a se- I urge the President to spare no ef- Hussein poses to his people, the region, cure and peaceful post-Saddam Iraq. fort to secure a clear, unambiguous de- including Israel, and the United States, President Bush’s speech in Cincinnati mand by the United Nations for unlim- and at the same time, work to maxi- and the changes in policy that have ited inspections. mize our international support and come forth from the administration Finally, on another personal note, I strengthen the United Nations. since they first began broaching this come to this decision from the perspec- While there is no perfect approach to issue some weeks ago have made my tive of a Senator from New York who this thorny dilemma, and while people vote easier. has seen all too closely the con- of good faith and high intelligence can Even though the resolution before sequences of last year’s terrible at- reach diametrically opposing conclu- the Senate is not as strong as I would tacks on our Nation. In balancing the

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10290 CONGRESSIONAL RECORD — SENATE October 10, 2002 risks of action versus inaction, I think new doctrine of preemption. And it was This resolution authorizes the Presi- New Yorkers, who have gone through not clear whether the administration dent to use force to the fires of hell, may be more attuned considered working through the U.N. defend the national security of the United to the risk of not acting. I know I am. and working with allies important or States against the continuing threat posed So it is with conviction that I sup- irrelevant. by Iraq; and enforce all relevant United Na- port this resolution as being in the best The second draft negotiated with tions Security Council Resolutions. . . . congressional leadership—and I would interests of our Nation. A vote for it is In my view, and as has been stated by say I believe, in part, as a consequence not a vote to rush to war; it is a vote the President and Secretary of State, of the efforts of my good friend, Sen- that puts awesome responsibility in the threat to the United States is the hands of our President. And we say ator LUGAR, and me, and roughly 23 or 24 Republicans—got the attention of Iraq’s weapons of mass destruction pro- to him: Use these powers wisely and as grams. The relevant U.N. resolutions a last resort. And it is a vote that says the administration. They were simultaneously negotiating with the Senator are those related to Iraq’s nuclear, clearly to Saddam Hussein: This is chemical, and biological weapons. And your last chance; disarm or be dis- from Indiana and me as well as the leader in the House. The leader in the the fact that we use the conjunctive armed. clause, the word ‘‘and,’’ and not the The PRESIDING OFFICER. The Sen- House reached an agreement first. I thought that was unfortunate because I word ‘‘or,’’ means that the authoriza- ator from Delaware is recognized. tion we are granting to the President is Mr. BIDEN. Mr. President, I seek the believe we could have had a better resolution had that not occurred. tied to defending the national security floor in my own right. I understand the of the United States in the context of distinguished Senator from West Vir- Nonetheless, the second draft negotiated addressed some of these ques- enforcing the relevant U.N. resolutions ginia offered me 20 minutes of his time. tions but left others unanswered. Along relating to weapons of mass destruc- I seek the floor in my own right. As I with many of my colleagues on both tion. understand, under the present state of sides of the aisle—notably, Senator affairs, I have up to 1 hour. This is not a blank check for the use LUGAR—I continued to seek greater The PRESIDING OFFICER. The Sen- of force against Iraq for any reason. It clarity about the focus of the proposed ator has the remainder of his 1 hour: 47 is an authorization for the use of force, resolution. if necessary, to compel Iraq to disarm, minutes. President Bush brought the resolu- Mr. BIDEN. I thank the Chair. as it promised after the Gulf War. tion into sharper focus this week in his Mr. President, I will vote for the Lie- Some in the Administration have ar- speech to the Nation. He said: berman-Warner amendment to author- gued that our stated objectives should ize the use of military force against War is neither imminent nor inevitable. be the end of Saddam Hussein’s regime. Iraq. And unlike my colleagues from He also said his objective was to dis- Regime change is the ultimate goal of West Virginia and Maryland, I do not arm Iraq, that his rationale to enforce American policy, as embodied in the believe this is a rush to war. I believe United Nations resolutions was not sense-of-the-Congress provision of the it is a march to peace and security. based upon preemption, and that he de- Iraq Liberation Act in 1998. Indeed, an I believe that failure to overwhelm- sired to lead the world, and if war was effective effort to disarm Iraq could ingly support this resolution is likely necessary, it would be with allies at well result in regime change. After all, to enhance the prospects that war will our side. such an effort would force Saddam to Mr. President, the resolution now be- occur. And in line with what the distin- make a hard choice—either give up his fore the Congress, similarly, is clear guished Senator from New York just weapons or give up power—and he has and more focused than previous drafts. said, I believe passage of this, with made the wrong choices many times It is not perfect, but it acknowledges strong support, is very likely to en- before. the core concerns that Senator LUGAR, hance the prospects that the Secretary I, and others raised and that have been In his own words, the President said: of State will get a strong resolution raised by such Senators as HAGEL and Taking these steps would also change the out of the Security Council. SPECTER and many others. Considered nature of the Iraqi regime itself. America I will vote for this because we should in the context of the President’s speech hopes the regime will make that choice. be compelling Iraq to make good on its this week, and his address last month But this resolution does not make obligations to the United Nations. Be- to the United Nations General Assem- Saddam’s removal its explicit goal. To cause while Iraq’s illegal weapons of bly, this resolution, though still imper- have done so, in my view, would run mass destruction program do not—do fect, deserves our support. Let me ex- the risk of alienating other countries not—pose an imminent threat to our plain why. who do not share that goal and whose national security, in my view, they First, the objective is more clearly support we need to disarm Iraq and will, if left unfettered. And because a and carefully stated. The objective is possibly to rebuild it. And it would sig- strong vote in Congress, as I said, in- to compel Iraq to destroy its illegal nificantly weaken our hand at the creases the prospect for a tough, new weapons of mass destruction and its United Nations. U.N. resolution on weapons of mass de- programs to develop and produce mis- struction, it is likely to get weapons Nor does this resolution give the siles and more of those weapons. President the authorization to go to inspectors in, which, in turn, decreases Saddam is dangerous. The world war over Bahraini prisoners, repara- the prospects of war, in my view. would be a better place without him. tions owed to Kuwait, foreign MIAs, I am among those who had serious But the reason he poses a growing dan- the return of Kuwait’s national ar- reservations about and flat out ger to the United States and its allies chives, or Saddam’s ties to terrorism straight opposition to the first draft is that he possesses chemical and bio- proposed by the White House on Sep- logical weapons and is seeking nuclear and human rights abuses. These are se- tember 19. It was much too broad. The weapons, with the $2 billion a year he rious problems. The United Nations draft raised more questions than it an- illegally skims from the U.N. oil-for- must continue to insist they be re- swered. It was not clear whether the food program. For four years now, he solved, including maintaining embar- authorization requested by the Presi- has prevented United Nations inspec- goes and tightening and strengthening dent to use force was limited to Iraq or tors from uncovering those weapons those sanctions against Iraq. But I applicable to the region as a whole. and verifying Iraq’s disarmament, and doubt seriously the American people It was not clear whether the objec- he is in violation of the terms he will support going to war to rectify any tive was to compel Iraq to destroy its agreed to allowing him to stay in of them; nor will our allies. weapons of mass destruction programs, power. The Secretary of State, in testimony to liberate Kuwaiti prisoners, or to end What essentially happened was, he before the Committee on Foreign Rela- Saddam Hussein’s regime. It was not sued for peace. What essentially hap- tions, made clear that our core objec- clear whether the rationale for action pened was, the U.N. resolutions were a tive is disarmament. I quote: was to enforce the U.N. Security Coun- reflection of what ordinarily, if there I think it is unlikely that the President cil resolutions that Saddam has flouted were no U.N., would be in the form of a would use force if [Iraq] complied with the for the last decade or to implement a peace agreement. weapons of mass destruction conditions. . . .

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10291 we all know that the major problem . . . the foreign policy a rule that gives every in recent speeches, both publicly and President is focused on and the danger to us nation the right to act preventively. privately, give me confidence that and to the world are the weapons of mass de- The former Secretary of State, Sec- most of our core concerns have been struction. retary Henry Kissinger, made this addressed. By the way, even if my reading is in- point powerfully in his testimony be- I also take confidence from how far correct and he would be able to go to fore my committee 2 weeks ago. I this administration has come on Iraq liberate Bahraini prisoners, does any- quote him: over the past year. Many in this Cham- body in this body think the President As the most powerful nation in the world, ber predicted, and many who oppose of the United States would risk Amer- the United States has a special unilateral ca- this resolution predicted, that the ad- ican forces and, in a very crass sense, pacity and indeed obligation to lead in im- ministration would use the terrible his presidency by going in with Amer- plementing its convictions. But it also has a events of September 11 as an excuse to ican forces unilaterally to make sure special obligation to justify its actions by strike back at Iraq. This, despite any that Bahraini prisoners were in fact re- principles that transcend the assertions of preponderant power. It cannot be in either credible evidence that Iraq was in- leased? That is fiction. volved in the terrorist attacks on This week the President stated the the American national interest or the world’s interest to develop principles that America. objective clearly and concisely. He grant every nation an unfettered right of Both The New York Times and The said: preemption against its own definition of Washington Post have reported that in Saddam Hussein must disarm himself or, threats to its security. the days following 9/11, the most senior for the sake of peace, we will lead a coalition Dr. Kissinger is right. What message Pentagon officials urged the President to disarm him. would declaring a policy of prevention to consider setting his sights on Iraq, The President is right to focus on send to the Indians and Pakistanis, the not Afghanistan. I can say from per- disarming Iraq and not on regime Chinese and the Taiwanese, the Israelis sonal conversations, I know that to be change. and the Arabs, the Russians and Geor- true. As a matter of fact, I gathered Second, the rationale is more tightly gians? my Foreign Relations Committee staff focused. It is to enforce the U.N. Secu- This resolution does not send that not long after 9/11, when talk of going rity Council resolutions on weapons of message because it does not endorse to Afghanistan was in this Chamber mass destruction that Saddam has de- the prevention doctrine. It does not and at the administration. I suggested, fied for more than a decade. This is a need to. Because, as the President has based on conversations I had with man who waged a war of aggression, argued, this is about compelling Sad- some, be careful, prepare. We are not lost the war, and sued for peace. The dam Hussein to make good on his re- going to Afghanistan. We are going to terms of surrender dictated by the quirement and obligation to disarm. Iraq. United Nations require him to declare Third, this resolution makes clear I know there was a proposal that was and destroy his weapons of mass de- the President’s determination to build being promoted to the President that struction programs. He has not done international support for our Iraq pol- he should use this as an excuse to go to so. icy. Our allies throughout the world Iraq. Secretary Rumsfeld is reported to This resolution sets out in detail and in the region have important con- have argued there would be a big build- Saddam’s decade of defying the Secu- tributions to make in the effort to dis- up of forces with not that many good rity Council resolutions on disar- arm Iraq and to rebuild Iraq, if we go targets in Afghanistan. mament. It states that Iraq ‘‘remains to war. And we depend upon their con- At some point, the United States in material and unacceptable breach of tinued cooperation in the unfinished would have to deal with Iraq and is this its international obligations,’’ through war against terrorism. The United not the opportunity? he apparently its weapons of mass destruction pro- States has a singular capacity to act suggested—not to me; that is as re- grams. It authorizes the President to alone, if necessary. We must—and this ported. Many predicted the administra- enforce all ‘‘relevant U.N. Security resolution does—preserve our right to tion would ignore the U.N. and the Council resolutions regarding Iraq,’’ do so. But acting alone in Iraq would need to build international support for with force, if necessary. cost us significantly more in lost lives, its Iraqi policy. That is not surprising As the President said this week: in dollars spent, and influence dis- because senior administration officials America is challenging all nations to take sipated around the world. Acting alone said as much. the resolutions of the United Nations Secu- must be a last resort, not a defiant re- During the spring and early summer, rity Council seriously. tort to those not yet convinced of our literally dozens of articles flatly stated That is what this is about. Yet some policy. that the President planned a unilateral administration supporters have argued This resolution emphasizes the im- attack against Iraq. As late as August using force against Iraq is justified on portance of international support, 29 of this year, The New York Times the basis of a new doctrine of preemp- manifested through the United Nations reported: tion, a doctrine that would represent Security Council. It states that: Officials in Washington and Crawford, TX, the most far-reaching change in our The Congress of the United States supports are engaged in an intense debate over wheth- foreign policy since the end of the cold the efforts by the President to— er they should seek to involve the United war. In fact, the concept of preemption (1) strictly enforce through the United Na- Nations one last time. . . . As one top ad- has long been part of our foreign policy tions Security Council all relevant Security viser described the argument, Mr. Bush must tool kit. It is a doctrine well estab- Council resolutions applicable to Iraq and decide ‘‘whether to go it alone or go to the encourages him in those efforts; and, lished under international law. United Nations.’’ He went to the United Na- (2) obtain prompt and decisive action by tions. What we are talking about here in the Security Council to ensure that Iraq this new policy is a policy of preven- abandons its strategy of delay, evasion and Many predicted the administration tion, striking first at someone who noncompliance. . . . would refuse to give the weapons in- may some day pose a threat to us, even Similarly, the President, in going to spectors one last chance to disarm. if that threat is not imminent today. the United Nations over the strong ob- That is not surprising. That prediction This policy merits a serious national jection of half his administration, would have been made because admin- debate, but not adoption by this body, made clear his desire to work with oth- istrative officials consistently dispar- nor is it contained in this resolution. ers, not around them. In his speech this aged inspections. The speed and stealth with which an week, he talked about his determina- Richard Perle, senior adviser to the outlaw state or terrorist could use tion ‘‘to lead the world’’ in confronting Pentagon, said: weapons of mass destruction and the the Iraqi problem. He stated that if we The inspectors are not going to find any- catastrophic damage they could inflict act militarily, we will act ‘‘with allies thing. . . .They will flounder if they are per- require us to consider new ways of act- at our side.’’ mitted to return. ing, not reacting. But that is not what I am convinced he will follow Vice President CHENEY, as late as Au- this is about. through on this commitment. gust 26 of this year, took this line: It would be dangerous to rush to em- In short, the combination of this res- A person would be right to question any brace as a new principle of American olution and the President’s own words suggestion that we should just get inspectors

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10292 CONGRESSIONAL RECORD — SENATE October 10, 2002 back into Iraq and then our worries will be Mr. President, President Bush did would open [Saddam] and his entire regime over. A return of inspectors would provide no not lash out precipitously after 9/11. He to a devastating response by the U.S. While insurance whatsoever of Saddam’s compli- did not snub the U.N. or our allies. He Saddam is thoroughly evil, he is above all a ance with U.N. resolutions. did not dismiss a new inspection re- power-hungry survivor. I don’t know how many Sunday gime. He did not ignore the Congress. Similarly, Scowcroft wrote ‘‘there is shows I did from June through now, At each pivotal moment, he has chosen scant evidence to tie Saddam to ter- where every interviewer would say: a course of moderation and delibera- rorist organizations, and even less to But, Senator, you are wrong, the Presi- tion. I believe he will continue to do the September 11 attacks. Indeed, dent is going to act alone. And they so—at least that is my fervent hope. I Saddam’s goals have little in common read me quote after quote from high of- wish he would turn down the rhetorical with the terrorists who threaten us ficials. excess in some cases because I think it . . . and he is unlikely to risk his in- Thank God for Colin Powell. Thank undercuts the decision he ends up mak- vestment in weapons of mass destruc- God for Colin Powell because that was ing. But in each case, in my view, he tion, much less his country, by handing the other half being argued by the ad- has made the right rational and calm, such weapons to terrorists who would ministration quietly, saying: Mr. Presi- deliberate decision. use them for their own purposes and dent, do not listen to those voices who As I noted a few moments ago, the leave Baghdad as a return address.’’ counsel ‘‘no inspectors and do not go President said this week that the use Daniel Benjamin, former Director of back to the U.N.’’ of force in Iraq is neither ‘‘imminent Counter-terrorism on the National Se- Many predicted the administration nor inevitable,’’ and that makes sense curity Council staff, and co-author of would not seek authorization from because while the threat from Iraq is the remarkable new book, ‘‘The Age of Congress for the use of force and, real and growing, its imminence and Sacred Terror,’’ wrote recently in The again, that is not surprising. As late as inevitability in terms of America’s se- New York Times the following: August 29 of this year, the White House curity have been exaggerated. Iraq and Al Qaeda are not obvious allies. In counsel—the White House counsel—re- For two decades, Saddam Hussein has fact, they are natural enemies. . . .To con- portedly told the President that he had relentlessly pursued weapons of mass temporary jihadists, Saddam Hussein is an- all the authority he needs to wage war destruction. There is a broad agree- other in a line of dangerous secularists, an against Iraq—there was a big deal ment that he retains chemical and bio- enemy of the faith. . . .Saddam Hussein has about leaking a memorandum from the logical weapons, the means to manu- long recognized that Al Qaeda and like- facture those weapons and modified minded Islamists represent a threat to his White House counsel to the world that regime. Consequently, he has shown no in- Congress need not be involved, Mr. Scud missiles, and that he is actively terest in working with them against their President. I had two private meetings seeking a nuclear capability. It re- common enemy, the United States. . . . Iraq with the President myself, where I mains less clear how effective his deliv- has indeed sponsored terrorism in the past, made clear that I thought that was ery vehicles are, whether they be the but always of a traditional variety: it sought dead wrong and he would be—to use the al-Hussein missiles, with a 650 kilo- to eliminate Iraqi opponents abroad or, when slang on the east side of my city—‘‘in meter range, short-range missiles, or conspiring against others, to inflict enough a world of hurt’’ if he attempted to do untested and unmanned aerial vehicles harm to show the costs of confronting it. But for the dispersion of chemical and bio- Mr. Hussein has remained true to the un- that. written rules of state sponsorship of ter- The President said to me personally logical weapons. Shifting weather conditions, the like- rorism: never get involved with a group that he was going to come to Congress if he cannot be controlled, and never give a weap- sought authority. What did he do? He ly incineration of much of the chem- ons of mass destruction to terrorists who came to Congress. But it is not strange ical or biological agent in a warhead might use it against you. explosion, and the potential blowback that my colleagues up here would be- I reiterate here, just as Mark Twain on Iraqi forces, all complicate the Iraqi lieve he would not do that. The White said, ‘‘The reports of my death are use of these weapons. But we are right House press secretary actually reiter- much exaggerated,’’ the reports of al- to be concerned that, given time and a ated that conclusion of the White Qaida in Iraq are much exaggerated. free hand, Saddam would improve this House counsel at a White House brief- Our own intelligence community, in technology. ing. Each prediction by those who testimony before the Foreign Rela- Other countries have, or seek, weap- thought the President would make, in ons of mass destruction. Saddam actu- tions, Armed Services, and Intelligence my view, the wrong choice, seemed ally used them against his neighbors, Committees—that has been declas- very well founded because it was based against his own people. He has a sified—concluded that the probability on the beliefs and statements of very lengthy track record of aggression— of Iraq initiating an attack against the senior administration officials, includ- first, in Iran, then Kuwait. He has bru- United States with weapons of mass de- ing the Vice President of the United tally repressed Iraqi civilians—the struction is ‘‘low’’—l-o-w—low. They States. Kurds in the North, then the Shias in also have concluded that ‘‘Baghdad for We all know the lore around here— the south, and then the Kurds again. now appears to be drawing a line short that the Vice President of the United And the combination of Saddam Hus- of conducting terrorist attacks . . . States is the most powerful man in the sein and weapons of mass destruction with chemical or biological weapons administration. Some even suggest it is dangerous, destabilizing, and deadly. against the United States.’’ goes beyond that. But guess what? Ultimately, either those weapons I believe it is unlikely Saddam Hus- Each prediction proved to be wrong, as must be dislodged from Iraq, or Sad- sein will use weapons of mass destruc- some of us, quite frankly, predicted all dam must be dislodged from power. But tion against us unless he is attacked. along. exactly what threat does the combina- To do so would invite immediate anni- My colleague from New York may re- tion of Saddam and weapons of mass hilation, and I am skeptical that he member my getting a little bit of a sar- destruction pose to the United States? would become a supplier to terrorist castic response in the Democratic Cau- How urgent is the problem? Some groups. He would risk being caught in cus when I suggested there was no pos- argue the danger is threefold: one, Iraq the act or having those weapons turned sibility there would be a war before No- could use these weapons against us; against him by groups who disdain vember; there was no possibility of an two, it could use them to blackmail us; Saddam as much as they despise us, October surprise; there was no possi- three, it could become a surreptitious and he would be giving away what is to bility that he would go and seek power supplier to terrorist groups. him the ultimate source and symbol of to go to war, if need be, absent congres- Others question these scenarios. For his power, the only thing that makes sional authorization. There was no pos- example, Brent Scowcroft, President him unique among the thugs in the re- sibility he would fail to go to the U.N. George Herbert Walker Bush’s National gion. It is not just because that is the only Security Adviser, and chairman of Of course, Saddam has miscalculated thing I believe a rational President President Bush’s foreign intelligence before, and we are right to be con- could do, but because he told me—and advisory board, recently wrote: cerned about the possibility, however I suspect many others—that that is Threatening to use these weapons for remote, that he will do it again, but we what he would do. blackmail—much less their actual use— are wrong on this floor to exaggerate

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10293 and suggest this is the reason and jus- Despite the conduct of the Iraqi authori- Act’’ that would admit to our country tification for going against Saddam. ties toward them, both UNSCOM and IAEA up to 500 Iraqi scientists, engineers, What I do believe is that Saddam’s action teams have valuable records of and technicians, and their families who primary goal is to dominate his region. achievement in discovering and exposing Iraq’s biological weapons programs and de- give reliable information on Saddam’s His history, his actions, and his state- stroying very large quantities of chemical programs to us, to the United Nations, ments make that clear. Weapons are a weapons stocks and missiles, as well as the or to the International Atomic Energy means to that end for him, a terrible infrastructure for Iraq’s nuclear weapons Agency. tool of intimidation that he could use program. It is also critical the Congress send to bully his people and his neighbors. It has been argued that UNSCOM’s the right message to the United Na- During the gulf war, the knowledge most notable achievements were the tions Security Council. Its members that Saddam Hussein had chemical and result of fortuitous defections. In fact, must not doubt our determination to biological weapons did not deter us much of UNSCOM’s success was due to deal with the problems posed by Iraq’s from expelling his forces from Kuwait. diligent detective work in Iraq. But weapons of mass destruction, including We gave him clear warning that using let’s assume that defections and not our willingness to use force, if nec- these weapons against our troops detection are the key to success. Isn’t essary. would invite a devastating response. the best way to encourage defections, The stronger the vote in favor of this Let me remind everybody, he did not isn’t the best way to get firsthand in- resolution, the stronger the likelihood, use them. But a nuclear weapon could formation about Iraq’s weapons pro- in my view, that the Security Council well change Saddam’s calculus. It grams to have inspectors back on the will approve a tough U.N. resolution. could give Saddam an inflated sense of ground talking to the key people? That is because the U.N. will conclude his invisibility. It could lead him to I agree with President Bush that if we do not act, America will. So we’d conclude erroneously that he finally given a new mandate and the authority better. had the great equalizer against Amer- to go any place, any time, with no ad- The tougher a U.N. resolution, the ican power and that he could fuel a new vance warning, U.N. inspections can less likely it is that we will have to use spasm of aggression against his neigh- work. They can succeed in discovering force in Iraq. That is because such a bors or the Kurds in the mistaken be- and destroying much of Saddam’s resolution would finally force Saddam lief that we would be deterred for fear chemical and biological arsenals and to face the choice between inspectors that, if we put anyone on the ground, his missile program. They can delay and invaders, between giving up his they would be annihilated with his the- and derail his efforts to acquire nuclear weapons and giving up power, and ater or tactical nuclear weapon. weapons and, at the very least, they there is at least a chance that he might We cannot let Saddam Hussein get will give us a clearer picture of what make the right choice. his hands on nuclear weapons. In par- Saddam has, force him to focus on hid- There is also a chance Saddam will ticular, we must deny Iraq the nec- ing his weapons and not building more, once again miscalculate, that he will essary fissile material, highly enriched and it will buy us time to build a misjudge our resolve, and in that event uranium, or weapons grade plutonium strong coalition to act if he refuses to we must be prepared to use force with needed for a nuclear weapon. disarm. others if we can, and alone if we must. According to an unclassified letter There is no question that with regard The American people must be pre- released by the Director of Central In- to Iraq, we have a real and growing pared. They must be prepared for the telligence this week: problem. But I also believe we have possible consequences of military ac- Iraq is unlikely to produce indigenously time to deal with that problem in a tion. They must be prepared for the enough weapons grade material for a deliver- way that isolates Saddam and does not cost of rebuilding Iraq as the President able nuclear weapon until the last half of isolate the United States of America said he is committed to do. They must this decade. . . . that makes the use of force the be prepared for the tradeoffs that may Therefore, if Iraq wants a nuclear ca- final option, not the first one . . . that be asked of them between competing pability sooner, it will need to turn to produces the desired results, not unin- priorities. They must be prepared for foreign sources for fissile material tended consequences. That is the all these things and more because no which could shorten the timetable for course President Bush has chosen, in matter how well conceived, no matter an Iraqi nuclear weapon to about a my view. how well thought out a foreign policy, year. This reality underscores the im- Now it is incumbent upon the United it cannot be sustained without the in- portance of U.S. and international ef- Nations and the U.S. Congress to help formed consent of the American peo- forts not only to disarm Iraq, but also him stay the course. The United Na- ple. to reduce and better secure fissile ma- tions Security Council must deliver a If it comes to that, if it comes to terials in the former Soviet Union, the tough new resolution that gives the war, I fully expect the President will most logical source of black market weapons inspectors the authority they come back to the American people and purchases or theft. need to get the job done. As the Presi- tell us what is expected of us. As a Concerning Iraq, our first step should dent put it, the inspectors ‘‘must have matter of fact, when he met with the be the one the President apparently access to any site at any time without congressional leadership and the com- has chosen: to get the weapons inspec- preconditions, without delay, and with- mittee chairmen about 10 to 15 days tors back into Iraq. There is disagree- out exceptions.’’ ago—I forget the exact date—we were ment about the value of weapons in- Mr. President, the resolution should all around the Cabinet table and at one spections. Skeptics, particularly our set clear deadlines for compliance, and point he turned to me and he said: Mr. Vice President, contend that inspec- it should make clear the consequences Chairman, what do you think? tions can never guarantee the complete if Saddam Hussein fails to disarm, in- And I said: Mr. President, I will be disarmament of Iraqi weapons, espe- cluding authorizing willing U.N. mem- with you if you make an earnest effort cially given the prevalence of dual-use bers to use force to compel compliance. to go through the United Nations, if materials and mobile facilities for the I also agree with the President that a you try to do this with our allies and production of chemical and biological key component of any inspections re- friends; if in fact the U.N. does not sup- weapons. gime must be the U.N.’s ability to port our effort, as in Kosovo, and if you Proponents believe that inspectors interview those with knowledge of are willing to be square with the Amer- heighten the barrier to development Iraq’s weapons programs in a climate ican people, Mr. President, of what sac- and production of WMD and will buy free of fear and intimidation, including rifices we are going to ask of them, time until a regime change in Iraq oc- being able to take them outside of Iraq. particularly the need to have a signifi- curs. They point to the success of Offering sanctuary to those who tell cant number of American forces in UNSCOM and IAEA. the truth would also deprive Saddam place in Iraq after Saddam Hussein is For example, the British white paper Hussein of their expertise. taken down. on Iraq’s WMD issued last month, To that end, this week, Senator In the presence of all my colleagues which was quoted by those who wish to SPECTER and I introduced legislation at that meeting, he said: I will do that. move against Iraq, says: called ‘‘The Iraqi Scientist Liberation He has never broken his word.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10294 CONGRESSIONAL RECORD — SENATE October 10, 2002 He has made two very important want to identify him too closely—gen- that Israeli Prime Minister Ariel Shar- speeches so far—one at the U.N. and eral in one of our branches who held a on told senior administration officials one to the American people—about the very high position very recently and that Israel would strike back if Iraq at- danger of Saddam Hussein, but no one still holds a very high position. I asked tacks Israel. Then, key Arab countries yet has told the people of Georgia, the him what he thought about the possi- could come under tremendous pressure people of Delaware, the people of this bility of this war, and he said he did to break with us and confront Israel. It country what we will be asking of them not like it. would be wrong for us to tell Israel because it will be profound. It may be He said two things to me, and I say what they should or should not do in necessary, but it will be profound. As I this to the Presiding Officer, an ex-ma- their self-defense, but it would also be said, if it comes to war, the President, rine. He said there are two things that wrong to ignore the risk that a war I am confident, will go to the American will be fundamentally different from against Saddam Hussein will ignite a people. ever before: We have never gone to war much larger conflagration. In his speech this week, he made a in an environment that could possibly There is a danger that Saddam’s compelling case that Iraq’s failure to be totally contaminated before we get downfall could lead to widespread civil disarm is our problem as well as the there; and, number two, we have never unrest and reprisals. There is only one world’s, but he has not yet made the gone house to house in a city of 4 mil- thing I disagree with in the President’s case to the American people that the lion people. speech on Monday. He said what could United States may have to solve this This all may work perfectly well. be worse than Saddam Hussein? I can problem alone or with relatively few This all may go just so nicely. But to tell you, a lot. others, nor has he told us of the sac- imply to the American people that is a As I said, there is a danger that rifices that such a course of action surety would be immoral, disingen- Saddam’s downfall could lead to wide- could involve. uous, and would reap a whirlwind if it spread civil unrest and reprisal. Chaos I am confident he will do so, if and does not occur. could invite the Kurds to seize valuable oil fields; the Turks to cross the border when it proves necessary, but I also The American people are tough. They in an effort to prevent a Kurdish state want to be clear about the issues the will do what they think is necessary from arising; and Iran and even Syria President must address before commit- for our security and they will make ting our Armed Forces to combat in to move in to fill a vacuum. sacrifices. But I will have no part if we Iraq, as a moral obligation to level Not one of these scenarios is inevi- go to war providing pablum to them with our people. table. None should be used as an excuse that somehow this is going to likely be First, the consequences of military for inaction. But each must figure into an overwhelmingly easy undertaking. action: Attacking Iraq could and prob- our planning and into the minds of the If we notice, everybody says the ably will go smoothly. We have the fin- American people if we ultimately use American people support this war. est fighting force in the world. Our de- force against Iraq. We must be honest That is not true. They support this war fense budget exceeds that of the next 15 with the American people. if it is a 100-day war like the last war countries combined. According to ex- In his speech this week, the Presi- was. They do not support the Presi- pert testimony my committee received dent made it clear that if military ac- dent’s ability to go to war unilaterally. this summer, Iraq’s conventional forces tion is necessary, ‘‘the United States If we look at all the polling data, what are significantly weaker than they and our allies will help the Iraqi people they support is if we go with our allies were during the Gulf War. As a leading rebuild their economy and create the in response to a genuine threat, which expert in the Middle East, Mr. Fouad institutions of liberty in a unified Iraq I think exists, and if it is not going to Ajami told the committee there is a and peace with its neighbors.’’ be costly in terms of the loss of human strong likelihood the Iraqis will wel- This is a much more complicated life, American soldiers, then they overcome us as liberators. country than Afghanistan. We are not While it would be reasonable to ex- whelmingly support it. Over half still done in Afghanistan. We have not kept pect the best, it would be foolhardy not support it even if there is some loss of our commitment in Afghanistan. We to prepare for the worst. There is a life, but hardly anyone supports it if it are taking on a big deal here. I know danger in assuming that attacking Iraq is alone or if there is a significant loss the Presiding Officer and my colleague will be, as some suggest, ‘‘a cakewalk.’’ of life. from Ohio and my colleague from We should all heed the powerful words As CIA Director George Tenet stated Vermont know Iraq is an artificially of military analyst, Anthony in a letter to Senator GRAHAM this constructed nation. When has there Cordesman, who testified before the week: been a circumstance in Iraq when there Foreign Relations Committee in July. Should Saddam conclude that a U.S.-led has been anything remotely approach- He said to my committee: attack could no longer be deterred, he prob- ing a democratic republic? I cannot ably— think of it in the history of Iraq as de- I think it is incredibly dangerous to be dismissive [of the difficulty]. It is very easy Let me say that again— fined now. The Kurds are Indo-Euro- to send people home unused and alive. It is He probably would become much less con- pean Sunnis, the Sunnis are Arab costly to send them home in body bags be- strained in adopting terrorist actions. Such Sunnis, the Shiites, who make up 60 cause we did not have a sufficient force when terrorism might involve . . . chemical and percent of the population primarily be- we engaged. And to be careless about this biological weapons. Saddam might decide tween the Tigris and Euphrates Rivers, war, to me, would be a disaster . . . This is that the extreme step of assisting Islamist are Shiites who have been at war with not a game, and it is not something to be de- terrorists in conducting a WMD attack the Sunnis. The Iranians are Shiite. cided from an armchair. against the United States would be his last There are 700,000 Iraqi Shiites in Iran. There is a danger in attacking Iraq. chance to exact vengeance by taking a large This is complicated stuff. But to lis- There is a danger that attacking Iraq number of victims with him. ten to some of my colleagues on the could precipitate what we are trying to There is a danger that Saddam would floor who blow this off like, no prob- prevent: Saddam’s use of weapons of seek to spark a wider war. I just did lem, take down Saddam, there is a mass destruction against our troops. one of the shows we all do with Charlie James Madison waiting to step into the My friend from Georgia who is pre- Rose. He quoted to me what I knew pri- vacuum, we will have a democratic residing is a military man. He is a former vately from my discussions with him: public, it will set a new tone and tenor, marine. He is a tough guy. He is level the former commander of CENTCOM as the Vice President said, for all of headed and straight. He might be inter- testifying that he saw no need to go the Middle East, because we will have a ested that last Sunday, as I came down into Iraq now, and the cost would be new democracy there, that is a big to the memorial for firefighters—he high. deal. It is a big undertaking. knows I commute every day and I There is a danger that Saddam would Why did the President say this? This never come to Washington on Sunday— seek to spark a wider war. Many ex- is a critical commitment, one I whole- but there was a tribute to fallen fire- perts have expressed concern to my heartedly endorse, but it is not done fighters which occurs every year and I committee that if attacked Saddam out of altruism, but out of a hard- was asked to speak. As I got off the Hussein would lash out at Israel. Last boiled calculation that in Iraq we can- train, I ran into a four-star—I do not month, The New York Times reported not afford to trade a despot for chaos.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10295 None of this will be cost free. It will re- them,’’ I don’t want all 75,000 of the for the long haul; not just the day quire a significant investment of mili- forces being American. Anybody hap- after, but the decade after. tary, financial, and human resources. pen to notice recently that in Kuwait Finally, let’s consider the possible Let’s start with the cost of war. Last American military personnel are being tradeoffs here. month the White House economic ad- picked off? Anybody happen to notice The President has argued that con- viser estimated the cost of the military that? Anybody happen to notice the fronting Iraq would not detract from campaign in Iraq at between $100 and targets in Afghanistan? Where have we the unfinished war against terrorism. I $200 billion. My friends in the Senate been? The American people need to believe he is right. We should be able to are all economic conservatives. Where know what the experts know. We have walk and chew gum at the same time. are we going to get the money? I say to an obligation, the President has an ob- But if military action comes, it will my friends, as I said in committee, ligation, to tell them, if the need take a herculean effort for senior lead- those who want to see a national arises. ers of our Government to stay focused health insurance policy, forget it for a In a recent study in the Atlantic on two major undertakings at once. while. Those who want to make perma- Monthly, James Fallows summed up War is intense. A new front against nent the present tax cut, forget it for a the significant challenges that Iraqis Iraq must not distract us from job while. As they say in parts of my will not be able to handle on their own. number one—taking down al-Qaida. State, ‘‘you ain’t got the money.’’ This is overwhelmingly agreed upon by Let’s also be clear that this could in- It doesn’t mean we shouldn’t move left, right, and center. He says they volve sacrifices. For example, the war on Iraq, but it means we should be hon- will not be able on their own to handle on terrorism is putting intense de- est with the American people, and tell the following: Cleaning up the after-ef- mands on Navy Seals, Army Green Be- them what the estimated cost by this fects of battle and malicious destruc- rets, Delta Commandos, Air Force administration is. By the way, that es- tion Saddam Hussein may create with ground controllers, and Arabic lin- guists. Units have been deployed to Af- timated cost is similar to what the chemical and biological weapons or by ghanistan, Pakistan, Georgia, Yemen, Congressional Budget Office suggested. sabotaging his own oil fields; providing Africa, and the Philippines, and last The higher cost estimates would result basic humanitarian needs in the short month the commander of United States from a lengthy campaign and external term such as food, water, and medical factors such as a spike in oil prices if special-operation forces requested an care; dealing with refugees and dis- that occurs. That is just to win the additional $23 billion over the next 5 placed persons, the 700,000 Shiites in war. The cost of securing the peace years to prosecute the war against al- Iran—I remind Members of the 700,000 could be significantly higher and could Qaida and other terrorist groups. Not— in Iran; catching Saddam Hussein if he extend years into the future. not—Iraq. Our intelligence services tries to flee—we are still looking for On the other hand, maybe we will end have also redirected resources to the up with an Iraqi Government in place. Osama bin Laden. We are still looking war on terrorism. There is plenty of money in Iraq. They for Omar the tent maker. We are still How are we going to pay for all this? can fund their own reconstruction. And looking for these guys. We don’t have Can we take on Iraq, prosecute the war that may happen. I am not being face- them; Providing police protection and on terrorism, and maintain the Presi- tious. But it is not anywhere near cer- preventing reprisal killings; dent’s tax cut for the wealthiest Amer- tain. denazification of Baathist officials and icans? Can we afford to repeal the es- I say ‘‘could’’ because there are those security services; aiding in the forma- tate tax for the top 2 percent of the who believe our commitment to Iraq tion of a new government; ensuring population who pay it? What would be the ‘‘day after’’ need not involve exor- Iraq’s territorial integrity and dealing the prospects for national health insur- bitant expenditures. Former Defense with possible Iranian and Turkish ance and prescription drug benefits in Secretary Caspar Weinberger told my intervention; rebuilding the oil indus- the near term? committee in August, and Secretary try while ensuring a smooth reentry of The point is, we will do what we have Rumsfeld repeated it last month, that Iraqi oil into the world market. to do to protect our national security, the United States would not have to That is a finite list that everyone ac- but let’s not kid ourselves that it can stay too long in Iraq. They and others knowledges no new government in Iraq come down cost free, without tradeoffs, argue that Iraq has a talented popu- could do quickly. Those who argue and without setting priorities. lation and considerable resources to most vigorously that a post-Saddam Setting priorities and making hard pay for its own reconstruction. Iraq can be a model and source of inspi- choices is what governing is all about. The problem is, one-third of that pop- ration for democracy in the region and So is being forthright with the Amer- ulation hates the other two-thirds of throughout the Muslim world must be ican people about what is expected of the population. They say Iraq will prepared to back the massive, long them. We should not be afraid to ask quickly be able to organize itself po- term American commitment. To set our fellow Americans to sacrifice for a litically, economically, and militarily that objective, but then to believe it vital cause if we conclude we should go into a peaceful, unified nation, free of can be done on the cheap, is a recipe to war. Generation after generation of weapons of mass destruction. for failure. Americans has done so willingly and The American people need to know Let me quote from Mr. Gingrich. will do it again if that is what they are that most experts believe Iraq will re- This is a news report in The New York called upon to do. But we must be quire considerable assistance politi- Times. straight with them. cally, militarily, and economically. In- The advisers, who include former House In conclusion, few resolutions that deed, they say we should speak not of Speaker Newt Gingrich and Mr. Perle, argue come before the Congress are as grave ‘‘the day after’’ but of ‘‘the decade the White House should create a high-level and consequential as the one before us after.’’ My committee heard testimony interagency group to coordinate military today. We have heard powerful argu- in July from a military expert in post- and reconstruction planning before an inva- ments on both sides of the resolution, conflict reconstruction. The fellow who sion takes place. That sort of powerful coun- and concerning the various amend- headed up that department in the Pen- cil could overcome the bureaucratic and ments that have been presented. That philosophic divisions that have hindered re- tagon stated that 75,000 troops would construction planning, the advisers contend. is how it should be. We have come a be required at a cost of $16 billion for ‘‘It was a mistake we made in Afghani- long way during the last year. The adjust the first year, to maintain order, stan,’’ said Mr. Gingrich who sits on the De- ministration that many thought would preserve Iraq’s integrity, and secure its fense Policy Board. ‘‘You shouldn’t go into a ignore the United Nations, ignore the weapons of mass destruction sites. Just country militarily without having thought Congress, has and is seeking the sup- to do that. Just to do that. Other ex- through what it should look like after- port of both. perts predict the United States will wards.’’ We have come a long way in 3 weeks, have to engage substantial resources in The mere fact that these men on the a long way since the White House first Iraq, which has no history of democ- board are saying we should do this is offered its draft resolution. This reso- racy, for many more years. evidence it has not been done yet. lution and the President’s words make When my cowboy friends say, ‘‘Why We must be clear with the American it clear that the administration’s ob- do we need anybody? Let’s go get people that we are committing to Iraq jective is to disarm Iraq and that the

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10296 CONGRESSIONAL RECORD — SENATE October 10, 2002 rationale to enforce Iraq’s obligations people do not use all their time so oth- Member who has come down here has to the United Nations is the reason we ers are not here when it is time to had something to contribute. would go, and that its determination is start. But if we have a few Senators, it It is clear that each Member who to work with others, not alone. The works better. came down here has thought long and President has made it clear that war is I ask unanimous consent that the list hard about this very important vote. neither imminent nor inevitable. of speakers start with Senator DEWINE Throughout my Congressional career, I am confident that the reason the for 35 minutes. I have believed that the United States President, thankfully, disregarded the Mr. MCCAIN. For 45. must lead in foreign affairs. In doing advice of some in the administration— Mr. REID. OK, that is fine. so, our foreign policy must reinforce that he understands the significant Mr. MCCAIN. Forty-five. and promote our own core values of de- need for others to support us—is that Mr. REID. Senator COLLINS for 20 mocracy, free markets, human rights, fighting two wars, a war in Iraq and a minutes. The reason we have this is we and the rule of law. And, I am not at war against terrorism, can be greatly have had a long string of Democrats all ashamed to say that our most im- assisted the more the world is with us. who have spoken: Senator KOHL, 7 min- portant export to the international We do not need them if it comes to utes; Senator HARKIN, 7 minutes; Sen- community is our ideals and our ideas. that. But the cost we will pay will be ator SCHUMER, 30 minutes; Senator The first U.S. President I remember significantly higher. SPECTER, 45 minutes; and Senator CAR- as a child is Dwight D. Eisenhower. We I compliment the President for rec- PER, 20 minutes. We would end it at know that he ran for President because ognizing that. I am absolutely con- that time—not end it, but we would be of his strong belief that the United fident the President will not take us to back to enter another list and find out States needed to lead in the world. He war alone. I am absolutely confident if we have had any added to it or taken believed that by leading and by being we will enhance his ability to get the from it. involved in the world—and not isolated world to be with us by us voting for The PRESIDING OFFICER. Is there from it—we would have the best chance this resolution. I am absolutely con- objection? of guaranteeing peace, freedom, and fident, if it comes time and need to go Mr. MCCAIN. I am sorry, I will not stability. As President Eisenhower said to war, with others or alone, the Presi- object, but I couldn’t hear. in his January 1961 farewell address: dent will keep his commitment to Mr. REID. What I said is we will America’s leadership and prestige depend, make the third most important speech come back after this list is completed not merely upon our unmatched material in his life, to come to the American and see if there are any additions or de- progress, riches and military strength, but people and tell them what is expected letions and try to get another list. We on how we use our power in the interests of of them, what is being asked of them. have a very long list here but, believe world peace and human betterment. To do any less would be to repeat the me, it will not work to stick it in from He understood that we have a moral sin of Vietnam. And the sin of Viet- top to bottom. obligation, as the leader of the Free nam, no matter what our view on Viet- The PRESIDING OFFICER. Would World, to use our power to promote nam is, is not whether we went or the Senator from Nevada repeat the freedom and stability and to help al- didn’t go. But the sin, in my view, is list again? leviate suffering around the globe. And the failure of two Presidents to level Mr. REID. DEWINE, 45 minutes; COL- in that process, he understood the im- with the American people of what the LINS, 20 minutes; KOHL, 7 minutes; HAR- portance and the necessity of working costs would be, what the continued in- KIN, 7 minutes; SCHUMER, 30 minutes; with our partners through organiza- volvement would require, and what was SPECTER, 45 minutes; CARPER, 20 min- tions, such as NATO. being asked of them. utes. And though it is vital that we be en- We cannot, must not, and, if I have The PRESIDING OFFICER. Is there gaged in world affairs and work with anything to do with it, we will not do objection? other nations whenever possible, ulti- that again. Without objection, it is so ordered. mately we cannot escape the fact that I thank the Chair for its consider- Mr. REID. I would say to everyone when the world looks for leadership, it ation and its patience. I yield the floor. within the sound of my voice, everyone can look to only one place—and that Mr. President, I suggest the absence has time to speak if they can get the place is, of course, the United States of of a quorum. floor. We have a list here to make it so America. The PRESIDING OFFICER. The people are not trying to get the atten- History has put us here. And, if the clerk will call the roll. tion of the Chair. United States does not lead, there is no The assistant legislative clerk pro- I hope Senators will be considerate. one else who can lead—and frankly, no ceeded to call the roll. There is only 30 hours. If somebody one else who will lead. Mr. REID. Mr. President, I ask unan- comes and takes an hour, it does not That is why, in the 1980s, when I was imous consent the order for the leave time for others. Some have al- in the House of Representatives, I sup- quorum call be rescinded. ready spoken. I think those who have ported efforts to establish stability and The PRESIDING OFFICER (Mr. MIL- spoken—I hope they will be considerate democracy in Central America. The LER). Without objection, it is so or- of a lot of Senators who have not spo- United States led—and it made a dif- dered. ken. ference. Significant progress was made Mr. REID. Mr. President, we have ex- The fact that we have allotted all in Central America. Democracies hausted the last unanimous consent this time doesn’t mean everyone has to emerged. order that has been entered here. We use every minute of the time allotted. And, significant progress was made have a lot of Senators who have indi- So those Senators who are in this throughout the Western Hemisphere. cated a desire to speak, and they have queue, if they would be around in case In 1981, 16 of the 33 countries in our the right to do that. What I would like someone doesn’t show up or is stuck in hemisphere were ruled by authori- to do is this. Both cloakrooms have traffic or whatever the case might be, tarian regimes. Today, all but one of worked to come up with a list of speak- we could finish a lot quicker. those nations—Cuba—have democrat- ers. We have a very long list, but we The PRESIDING OFFICER. The Sen- ically elected heads of government. have learned from sad experience here ator from Ohio is recognized. They are certainly not all perfect and this week that we should not make it a Mr. DEWINE. Mr. President, I would maybe those nations don’t conform ex- really long list. like to begin by thanking all my col- actly with how we see democracy, but So what I suggest to my colleague, leagues who have participated in this they certainly are better off than they Senator MCCAIN, is that we go down very crucial and historic debate. I must were 25 years ago. the list for four or five Senators and say I was struck last Friday by the The United States led. It made a dif- then we will come back again and try magnificent debate between Senator ference. It paid off. to get another list. We have a long list, BYRD and Senator WARNER. I think That is why, throughout my career, I but rather than enter it—we tried that their debate on Friday represented have supported U.S. leadership ef- earlier this week, and everyone should what the Senate is all about, and I con- forts—efforts to export our democratic understand it will not work because gratulate both of them. Really, every values to other areas of the world,

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10297 using tools, such as foreign trade and relevant United Nations Security read to my colleagues some informa- foreign aid. Council Resolutions regarding Iraq.’’ tion recently declassified by the CIA. Speaking of foreign aid, though I While unusual, this type of resolu- In a letter to Senator GRAHAM dated wasn’t in Congress at the time, I sup- tion is not without precedent. Congress October 7—Monday of this week—the ported U.S. leadership through passed the Gulf of Tonkin resolution in CIA released the following: NAFTA. I voted in favor of Trade Pro- 1964, which said this: Baghdad, for now, appears to be drawing a motion Authority to give the President Congress approves and supports the deter- line short of conducting terrorist attacks fast track or enhanced trading abilities mination of the President as Commander in with conventional or biological weapons Chief, to take all necessary measures to against the United States. with our global partners. I voted in Should Saddam conclude that a U.S.-led repel any armed attack against the forces of favor of the Andean Trade Preferences attack could no longer be deterred, he prob- the United States and to prevent further ag- Act to expand the economic benefits of ably would become much less constrained in gression. trade with the nations of the Andean adopting terrorist actions. Such terrorism region. I voted in favor of the African I went back to the CONGRESSIONAL might involve conventional means, as with Growth and Opportunity Act and the RECORD of 1964 and read some of Sen- Iraq’s unsuccessful attempt at a terrorist of- expanded Caribbean Basin Initiative. ator Gruening’s and Senator Morse’s fensive in 1991, or [through] chemical or bio- remarks to get a better understanding logical weapons. And, I support efforts to negotiate free Saddam might decide that the extreme trade agreements within our Western of why they dissented—why they voted step of assisting Islamist terrorists in con- Hemisphere. against this resolution. I also read ducting a weapons of mass destruction at- All of these efforts require strong comments from those who voted ‘‘yes.’’ tack against the United States would be his U.S. leadership. So, too, does an under- However, it is noteworthy that the last chance to exact vengeance by taking a utilized tool of our foreign policy—and Gulf of Tonkin Resolution was not the large number of victims with him. that is foreign aid. first time Congress had passed a resolu- This information is certainly First, we don’t utilize it enough. Cur- tion to give the President the author- chilling. rently, our foreign assistance budget ity to use force—at his discretion—at We also know that war with Iraq in- comprises less than one percent of our some point in the future. Actually, creases the likelihood that Saddam overall budget, and is barely 0.1 per- Congress passed two such resolutions will launch Scud missiles against cent of our Gross Domestic Product. during the Eisenhower Administration: Israel, this time maybe with biological Second, we aren’t creative enough one in 1955 regarding Formosa and one or chemical agents attached to the with the limited resources we do have in 1957 regarding the Middle East. missiles. In fact, Iraq has admitted to in our foreign assistance budget. And So while there is precedent, this type the weaponization of thousands of li- so, here, too, the United States needs of resolution to grant the President the ters of anthrax, botulinim toxin, and to lead. authority to use force, at his discre- aflatoxin for use with Scud warheads, There are things we can do with this tion, at some point in the future, is aerial bombs, and aircraft. assistance. We can and we must do certainly unusual, and so we have an Furthermore, if attacked, what more to help end suffering throughout obligation to treat this matter with would Israel do? Would Israel, this the world. We can and we must do more great caution. Granting the President time, retaliate? In the Persian Gulf war, Israel held back, but would they to help alleviate the worldwide AIDS this kind of power is indeed a very this time? And if they did not, in such pandemic. We can and we must do more grave matter. a scenario, what would other countries to feed starving children worldwide. We The second reason this decision, for do? What would Syria do, for example? can and must do more to help imple- me, has been so difficult is that the What are the chances of the entire Mid- ment the rule of law in developing de- consequences of war would be so serious. A possible war against Iraq would dle East literally going up in flames? mocracies. We can and we must do At the conclusion of a war with have very real and very serious con- more to foster agricultural and eco- Iraq—we would win the war; we know sequences, many of them unforeseen nomic development in poverty-strick- that—but at the conclusion of a war today. en, disease-ridden, war-ravaged parts of with Iraq, there very well may be I believe the American people need to our world. And, as the leader of the bloody, fractious battles among the dif- understand this. My colleague, Senator Free World, we also have a moral obli- ferent ethnic groups residing in Iraq. BIDEN, who preceded me, made that gation to bring stability and peace to Pent up hostilities among Shiites, point very well. I believe we have an volatile, violent regions around the Sunnis, and Kurds—just to mention a obligation during this debate to ex- globe. few—would be difficult to restrain, eas- plain to the American people what war Candidly, sometimes the only way to ily resulting in families warring with Iraq might mean. We have an obli- do that is through the use of our mili- against families and neighbors against gation to be brutally frank in telling tary. That’s why I supported military neighbors, all fighting village to vil- action in Bosnia in 1995 and in Kosovo the American people about these con- lage and house to house. And there in 1999. The simple reality is that the sequences of war. simply would not be enough United job could not get done without U.S. What are they? What are the risks of States troops or allies you could place leadership. We had to go in. We had to war with Iraq? into Iraq to stop that from happening. lead. It was the right thing to do, and First, Saddam Hussein may very well What are the unintended global con- we did it. use chemical and biological weapons sequences of the United States using And so, Mr. President, it may seem against our troops. If we went to war, preemptive action? How does this paradoxical now that I have found the we would be attempting to remove Sad- change the dynamics of the world? decision concerning this Resolution to dam from power. Therefore, unlike the What would it mean for the India-Paki- be very, very difficult. It is difficult, I Persian Gulf war, this time he is likely stan nuclear standoff? What would it believe, principally for two reasons. to actually use those chemical and bio- mean for China and Taiwan? Would Let me outline them for the Senate. logical weapons against our troops, or these nations be less restrained in First, the resolution before us is an at least attempt to. using preemptive strikes? These are authorization of force to be used by the Second, we know that war with Iraq questions to which we do not know the President—at his discretion—at some dramatically increases the possibility answers. point in the future. It is not a declara- of attacks against United States troops Finally, what will Iraq look like tion of war. And, it does not say that stationed in other places abroad and after the war? What kind of humani- war will take place. United States civilians throughout the tarian assistance will be needed? How But, it does authorize the President world. many people will we have to feed? ‘‘to use the Armed Forces of the United Third, we know that war with Iraq What is our plan now for reconstruc- States as he determines to be nec- increases the possibility of attacks tion? What does it cost? Who will help? essary and appropriate in order to: De- against Americans right here at home, What other countries will we be able to fend the national security of the in our mainland. involve in helping us? United States against the continuing This has already been read on the We can expect to pay for a large part threat posed by Iraq; and enforce all floor and discussed, but I would like to of this. And we can expect our troops

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10298 CONGRESSIONAL RECORD — SENATE October 10, 2002 to be involved for an extended, indefi- $10 billion worth of goods now entering essary for the specific purpose of secur- nite period of time—not days, not Iraq every year—money he gets from ing and protecting Formosa against months, but years. And there could be oil—he has diverted that money he is armed attack.’’ no doubt about that. supposed to use for humanitarian pur- Congress granted President Eisen- So, yes, Mr. President, there are poses, to help his own people, to de- hower this authority with an over- grave consequences of going to war velop weapons of mass destruction. whelming vote, 410 to 3 in the House, with Iraq. We cannot predict the fu- He has murdered his own people. He and 85 to 3 in the Senate. Later Presi- ture. We do not know exactly how Sad- has killed or injured more than 20,000 dent Eisenhower said that while he dam would react. But it is vital that Kurds with mustard gas and sarin. went to Congress for several reasons, the American people understand the In short, Saddam is a 20th century his real reason was ‘‘to serve notice on sobering reality of a war with Iraq; Adolf Hitler, straddling 21st century the Communists that they are not that all Americans understand the un- weapons of mass destruction. No one in going to be able to get away with it.’’ certainty and the risks and the dire this body disagrees Saddam Hussein is Because of that resolution, the Chi- consequences. an evil despot, but reasonable people nese Communists in 1955 did not act. Yet we also know that inaction is not can still disagree about our policy for War was avoided. There have been a choice when it comes to the situation disarming Hussein; reasonable people problems. There have been tensions in Iraq. Inaction is just not a choice. can disagree with the wording of the ever since. But war at that crucial We know the status quo is unaccept- resolution we are debating; reasonable time was avoided. able. We know things have languished people can disagree about the timing; By passing the Formosa resolution, too long. We know Saddam Hussein’s and reasonable people can disagree Congress sent a clear, unequivocal sig- regime is in possession of chemical and about how we proceed at the United nal to the Chinese Communists that biological weapons. And we know they Nations. the United States would defend For- are working, as frantically as they can, This is a very difficult decision. mosa, that Congress would support to develop nuclear weapons. There are very legitimate issues of President Eisenhower, and that our The fear is, also, that Saddam Hus- controversy. country was, in fact, united. sein would eventually put these weap- Yes, the costs will be high, very high, It is instructive that during that de- ons into the hands of other terrorist if we go to war. Again, that is why this bate, there was an attempt in the Sen- groups, terrorist groups such as al- decision has for me been so very dif- ate, in the Congress, to change the Qaida, terrorist groups that have no ficult. It is the most serious vote I wording and to be more specific and to qualms about targeting U.S. citizens have cast in the 8 years I have been in mention President Eisenhower, in de- anywhere in the world, terrorist groups the Senate. fending Formosa, had the specific au- that have networks already established None of us take the gravity of this thority to defend Quemoy and Matsu, around the world. When that handoff vote lightly. Over the last several two little islands close to mainland would be made, the consequences would weeks I have spent many hours in In- China, far away from Formosa, but be unbelievable. telligence Committee hearings and controlled by Formosa at the time. President Bush made very clear in briefings and other briefings gathering President Eisenhower said, no, do not his speech on Monday night in Cin- as much intelligence and information do that; do not be that specific in the cinnati: as humanly possible. I have met with resolution. Saddam Hussein is a threat to peace, and numerous current and former high- President Eisenhower was looking for he must disarm. ranking officials from the military, the the authorization to protect Formosa, So I commend President Bush for CIA, the State Department. I met per- but he also wanted the discretion to de- putting Iraq back on the world stage in sonally with President Bush. cide how to do it. And he also did not his very forceful speech at the United At the end of the day, we still must want to tell the Communist Chinese Nations. He has taken Saddam Hus- weigh all of the costs and all of the exactly what he would do. sein’s evil regime by the throat and consequences of a potential war with With the flexibility and discretion to dragged it back in front of the eyes of Iraq against the potential for peace and use force as he deemed necessary, the international community. And he stability and lives saved that will come President Eisenhower left the Com- has forced the United Nations to con- with the disarmament of Saddam Hus- munists guessing about the ways in front Saddam’s rampant and flagrant sein. which the United States would act, but disregard of 10 years’ worth of U.N. Se- Let’s be honest, though. The fact is, they had no doubt that we would act. curity Council resolutions. He has the ghost of the 1964 Gulf of Tonkin That is why I believe we must pass forced the U.N. to confront its failure resolution haunts this Chamber, just as the resolution before us. We need a to enforce past resolutions regarding the tragedy of Vietnam and the over tough resolution that gives the Presi- weapons inspections. And, rightly so, 58,000 U.S. lives that were lost hang dent the authority he needs to disarm President Bush has forced both the heavy in the heart of America. We Saddam Hussein. We need a tough reso- U.N. and our own country to confront should be haunted by the Gulf of Ton- lution that also gives the President this global threat and to deal with it. I kin resolution, and we should be haunt- flexibility and discretion. We have that commend the President for his leader- ed and troubled by the Vietnam war. before us. We need a tough resolution ship. However, it is instructive, as I men- that does not tie the President’s hands. None of us in this body disagrees tioned earlier, to remember that the Through the resolution before us, about what Saddam Hussein is. We Gulf of Tonkin resolution was not the this Senate and this Congress is saying know he is a power-hungry dictator, first time Congress gave the President to Saddam Hussein that he is on no- the embodiment of pure evil. The lit- the authority to commit U.S. Armed tice. Saddam Hussein, we are saying, any, ably recited here day after day, Forces at his discretion at some time you are not going to be able to fla- detailing Hussein’s thirst for power, is in the future. grantly disregard U.N. Security Coun- by no means exaggerated, nor is it un- In January 1955, when Dwight Eisen- cil resolutions any more. You are not derstated. And there is simply no logic hower was President, the Chinese Com- going to be able to get away with to his actions. Just think back to his munists were threatening to take over building weapons of mass destruction. attempt to assassinate former Presi- the Chinese nationalists in Formosa. It You are not going to be able to threat- dent Bush shortly after President Clin- was a very serious time in our history. en our lives and the lives of our chil- ton took office. Even in his perverse Believing that the time had come to dren and the lives of our grandchildren view of the world, what in the world draw the line—those are President Ei- and the peace and security of the could that have accomplished from his senhower’s words—to draw the line and world. point of view? hold back the Communist aggression, In the final analysis, we are left with Clearly, Saddam is ruthless. He is di- President Eisenhower asked Congress the sober realization that when it abolical. He is a cold-blooded killer. He to pass a resolution giving him the au- comes to Saddam Hussein, there really has launched Scud missiles against his thority ‘‘to employ the Armed Forces are no good choices. When it comes to neighbors. He has diverted much of the of the United States as he deems nec- him, lives are being lost in his own

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10299 country now, and many more could be the call to combat, ready to fight the tities of these weapons, as well as the lost around the world in the future if war against terrorism, ready to defend associated production facilities, bal- we allow him to continue his weapons our freedoms around the globe. listic missiles, and much of the infra- of mass destruction obsession. Left un- In the wake of the attacks on our structure for Iraq’s nuclear weapons restrained, Saddam Hussein will only country on September 11, the Senate program. Subsequently, however, the become more dangerous, more diaboli- vote to authorize the war against ter- Iraqi regime’s harassment, obstruction, cal, and certainly more deadly. rorism was rapid, unanimous, and and deception made it impossible for So I believe when you weigh the risk clear-cut. By contrast, whether to au- the inspectors to continue their work, of action versus the risk of inaction, thorize the use of military force and they were withdrawn. we, as the leader of the free world, sim- against Iraq is a far more difficult and At the time they left in 1998, the in- ply have a moral obligation to act. As complex question. It requires a thor- spectors were unable to account for I already said, we simply cannot, as a ough analysis of the nature and ur- very large discrepancies between the nation, escape the fact that when the gency of the threat and an evaluation weapons that were declared and the world looks for leadership, it can look of all possible responses. amounts that were destroyed. For ex- to only one place today. That place is As a member of the Armed Services ample, at least 1.5 tons of the deadly the United States of America. Subcommittee on Emerging Threats, nerve agent VX were unaccounted for. We have an obligation to lead the ef- and the Governmental Affairs Sub- Just under 10 milligrams of VX can committee on International Security forts to disarm Saddam Hussein. In the cause a quick and painful death. and Proliferation, I have received process, we may tragically end up at The CIA has concluded all key as- many briefings on the dangers posed by war with Iraq. But my prayer, my pects of Iraq’s offensive biological and lawless regimes in Iraq, Iran, and prayer is that by passing this resolu- chemical weapons program, including North Korea during the past 5 years. tion, we will not have to go to war research and development, production And during the past 2 months, I have against Iraq. My prayer is that con- and weaponization, are active and, in attended several highly classified, in- gressional unity will signal to Saddam some cases, larger and more advanced depth briefings on Iraq from the CIA, Hussein and to the international com- than before the gulf war. the National Security Agency, the De- munity that we do, in fact, mean busi- In addition to the weapons unac- partment of Defense, the State Depart- ness. counted for in the post-gulf war inspec- ment, and the White House. I have My hope is we can get a tough new tions, there is significant evidence that questioned the experts—I have ques- U.N. Security Council resolution since 1998, Saddam has expanded his tioned them closely—including former passed, giving weapons inspectors un- stockpile of chemical and biological Defense Secretary James Schlesinger fettered access to every mile, every weapons; rebuilt and expanded manu- and former National Security Adviser square foot, every inch of Iraq. We in- facturing sites, including mobile bio- Samuel Berger, as well as Secretary crease the chances for peace by telling logical production facilities; developed Rumsfeld, at public hearings before the Saddam Hussein and his evil regime more effective delivery systems, such Armed Services Committee. as unmanned drones; and sought to that our Nation is united and that we I have read studies and assessments, do, in fact, speak with one voice. We both classified and public, conducted procure materials for a nuclear bomb. The reports demonstrating Iraq’s vio- increase the chances for peace by giv- by the administration, the British lation of U.N. resolutions are numer- ing the President the strongest pos- Joint Intelligence Committee, the ous, compelling, and indisputable. sible hand, while at the same time giv- International Institute for Strategic ing him flexibility. Studies, and many others. I talked at They are based on the findings of U.N. Finally, I must say I am convinced length with Secretary Colin Powell weapons inspectors, credible reports President George Bush will do abso- about the appropriate strategy to re- from Iraqi defectors, sophisticated sur- lutely everything he can to avoid war. spond to Iraq’s development of weapons veillance equipment, and other strong Mr. President, I do not know if war of mass destruction. evidence. can be avoided, but I do know if we are Let me first discuss my conclusions Even more troubling is the evidence serious about disarming Saddam Hus- about the nature and the extent of the compiled by the American and British sein of his weapons of mass destruc- threat posed by the Iraqi regime and intelligence agencies that Iraq has con- tion, our best chance of avoiding war is its continued defiance of the United verted its L–29 jet trainers to allow through the passage of a tough resolu- Nations resolutions. In 1991, Iraq ac- them to be used as unmanned aerial ve- tion. That is why I will vote in favor of cepted a cease-fire agreement in the hicles, capable of delivering chemical this resolution. form of United Nations Security Coun- and biological agents over a large area. I yield the floor. cil Resolution 678, to end the gulf war. While the evidence of Iraq’s pursuit The PRESIDING OFFICER. The Sen- The Iraqi regime was required to un- of biological and chemical weapons is ator from Maine is recognized. conditionally accept the destruction, overwhelming, it is more difficult to Ms. COLLINS. Mr. President, before I removal, or rendering harmless under determine the state of Iraq’s develop- give my speech, I commend my friend, international supervision of all of its ment of nuclear weapons. Numerous re- the Senator from Ohio, Senator chemical and biological agents. ports suggest, however, a renewed de- DEWINE, for a very thoughtful presen- In addition, the resolution prohibited termination by Saddam Hussein to ob- tation this evening. He and I have had Iraq from acquiring or developing nu- tain the materials for a nuclear bomb. many discussions about how difficult clear weapons and required the de- A September report by the Inter- this decision has been for both of us. struction of all ballistic missiles with a national Institute for Strategic Studies We have reached many of the same range greater than 150 kilometers. paints a chilling picture of Saddam’s conclusions. But I just want to salute From a series of Iraqi declarations to quest for nuclear weapons. Had the gulf him for a very thoughtful and thorough the U.N. subsequent to this resolution, war not intervened, Iraq ‘‘could have analysis of the resolution and the chal- we know that Iraq, by its own admis- accumulated a nuclear stockpile of a lenges before us. sion, had by 1991 produced thousands of dozen or so weapons by the end of the The decision to authorize the use of tons of deadly chemical weapons, such decade,’’ according to the report. military force is the most significant as mustard gas, sarin, and VX, as well It further concludes that the sci- vote that a Member of the Senate can as very large quantities of biological entific and technical expertise of Iraq’s ever cast. The Constitution clearly agents, including anthrax and ricin. nuclear program remains intact, and vests this responsibility in Congress, a Most experts believe Iraq’s declara- the British Government has revealed duty that rests heavily on the shoul- tions grossly understated the true that Iraqi nuclear personnel were orders of each and every Member. sense of its chemical and biological dered to resume work on nuclear As a Member of the Senate Armed programs. But even the admitted projects in 1998. Services Committee, I am keenly amounts were sufficient to kill hun- According to British intelligence, aware of the sacrifices and dangers dreds of thousands of people. Iraq has also attempted to obtain ura- faced by our young men and women in For a time in the 1990s, the U.N. in- nium from Africa. This is extraor- the military. They are ready to answer spectors succeeded in destroying quan- dinarily troubling. Since Iraq has no

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10300 CONGRESSIONAL RECORD — SENATE October 10, 2002 active civil nuclear power program or ate Armed Services Committee, the Secretary Powell told me his ability nuclear powerplants, it simply has no threat is not defined by capability to secure a strong resolution from the peaceful reason to attempt to secure alone. We have to probe Saddam Hus- U.N. Security Council will be strength- uranium. sein’s intentions, as well as his capa- ened enormously by a strong, bipar- In addition, the Iraqi Government bility, to determine the threat. In that tisan congressional vote for this au- has attempted to procure tens of thou- regard, if, as Shakespeare tells us, the thorization. sands of high-strength aluminum tubes past is prolog, the history of Saddam’s Similarly, as Secretary Schlesinger that could be used in centrifuges de- regime gives us great cause for con- testified, the greater degree to which signed to enrich uranium to produce cern. the President and the Congress are the fissile material necessary for a nu- While none of us can predict for cer- united in purpose with respect to Iraq, clear bomb. tain whether or when Saddam would the greater is the likelihood the United How soon could Iraq acquire nuclear strike, there are simply far too many Nations will take a firm and appro- weapons? The International Institute warning signs in his past behavior and priate stand toward Iraq. for Strategic Studies estimates that in his present undertakings. His cold- Only if Saddam understands we are Iraq is probably years away from pro- blooded willingness to use chemical prepared to use military force will a ducing nuclear weapons if it has to rely weapons against his own people, as well peaceful means of disarming him have on indigenously produced material. It as his enemies; his aggressive invasion any chance to succeed. All Americans points out if Iraq were to acquire nu- of two nations; his blatant defiance of share the goal of eliminating this clear material from a foreign source, international sanctions; his continued threat without war, but we differ on the timeframe could be reduced to a efforts to procure the materials to how to achieve that goal. matter of months. build a nuclear bomb; and his deter- In my view, there are times in deal- This is the scenario the institute mined progress to develop a more effec- ing with a tyrant when the best, indeed calls the nuclear wild card. An inde- tive means of delivering chemical and perhaps the only, chance to avoid war pendent assessment conducted by Pro- biological weapons all strongly suggest is to express, in unmistakable terms, fessor Anthony Cordesman of the Cen- an intention and an ability to use these our willingness to wage it. And this is one of those times. ter for Strategic and International weapons. Some understandably ask: Why now? Studies, confirms the growing threat As the assessment of the British Gov- Has not our current policy contained posed by Iraq. The professor states that ernment states, the evidence shows Saddam? Saddam Hussein seeks weapons to off- that Saddam Hussein does not regard It has, only if allowing him to ac- set American superiority and high-tech these weapons of mass destruction as quire the capability to kill and destroy weaponry. In other words, while the only weapons of last resort. He is ready on a scale that far exceeds his past ef- United States has developed conven- to use them and determined to retain forts means that we have contained tional weapons to be as surgical as pos- them. In fact, British intelligence re- him. No, the truth is we have not real- sible and to limit unintended casual- ports that some of the weapons are ly contained Saddam. We have largely ties, Iraq develops its weapons to be as deployable within 45 minutes of an ignored him, a strategy that simply blunt and as destructive as possible, to order to use them. delays the inevitable while the stakes instill fear in its enemies and its neigh- The history of Saddam Hussein’s rule grow ever higher. bors. over Iraq is a history of war and ag- The reason we must deal with this In short, Saddam Hussein has contin- gression against his enemies, his neigh- threat now is both clear, convincing, ued to develop a stockpile of the dead- bors, and his own people. Throughout and chilling. Given Saddam’s insatia- liest chemical and biological agents the decade of the 1980s, Saddam Hus- ble desire to possess chemical, biologi- known to mankind and has continued sein used chemical weapons to kill cal, and nuclear weapons, this danger to seek nuclear weapons in defiance of thousands of civilians, and Iraq has the will not disappear on its own, and the his international obligations. means, through billions of dollars in oil price we may have to pay today to The more difficult question is wheth- revenues, to continue to develop, pro- eliminate this threat will prove modest er the growing and serious threat posed cure, or steal the materials necessary compared to the price we will have to by Saddam Hussein is sufficiently im- for its weapons. pay tomorrow. minent to warrant the authorization of The risks are simply too catastrophic As difficult as the decision to author- a military strike by the United States for the world to allow Iraq to continue ize military action is, one need only and its allies should diplomatic means on its present course, but is a military consider how much more difficult it of disarming Iraq fail. response the only answer? will be when Saddam has a nuclear The President correctly noted in his From the beginning of this debate, I bomb. recent speech that the passage of this have emphasized my belief that mili- Finally, let me emphasize my strong authorization does not mean that war tary force must be the last resort, not belief that the United States should is imminent and unavoidable. In fact, the first alternative. Today I still hold act in concert with our allies, as we the resolution before us represents a out the hope that military action will pursue a new Security Council resolu- considerable improvement over the ad- not prove necessary to disarm this dan- tion, or in the event we have to resort ministration’s earlier draft which I gerous regime. A strong United Na- to military force. While the United would have opposed because of its in- tions resolution to compel Iraq to de- States must always retain the right to sufficient emphasis on pursuing diplo- clare its weapons and to accept unfet- defend itself, our prospects for dealing matic means first and working through tered, rigorous inspections may well be effectively with the Iraqi threat, our the United Nations Security Council. successful in convincing Saddam that standing in the community of nations, The bipartisan resolution, by con- he must disarm. and our ability to continue to wage an trast, specifically requires a Presi- I believe our policy should be focused effective global effort against ter- dential determination that further reli- on disarming Iraq rather than on re- rorism depend on our forging a multi- ance on diplomatic or other peaceful gime change, much as I would like Sad- lateral coalition. means alone would not adequately pro- dam Hussein to be deposed. The President deserves great credit tect our national security or lead to In making what has been a very dif- for putting together a coalition of the enforcement of the relevant U.N. ficult decision, I was persuaded ulti- some 90 nations to combat terrorism. resolutions. But nevertheless, the dif- mately to support this resolution by an That same kind of effort must be de- ficult question remains of whether the extensive discussion with Secretary voted to building a coalition to con- threat is so urgent that a military Powell. He has convinced me the proc- front and disarm the Iraqi regime. strike may be required and should be ess for effective action by the United The PRESIDING OFFICER. The Sen- authorized by this resolution. Nations to disarm Iraq depends on the ator’s time has expired. The evidence of Saddam’s massive credible threat of the use of force, and Several Senators addressed the buildup of the most dangerous weapons that is the reason ultimately that I Chair. is compelling, but as Mr. Berger point- will decide to cast my vote in favor of The PRESIDING OFFICER. The Sen- ed out in his testimony before the Sen- this resolution. ator from Nevada has the floor.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10301 Mr. REID. On the continuing saga of Let me be clear on that point. My Mr. REID. I ask unanimous consent speeches, there have been a couple of vote today is a vote for disarmament, that the time be charged to Senator changes. Senator CANTWELL will speak not a vote for regime change. While it CANTWELL. in place of Senator HARKIN for 10 min- is clear that Iraq is a rogue regime of The PRESIDING OFFICER. Without utes. Instead of 30 minutes, Senator the worst kind, going into overthrow it objection, it is so ordered. SCHUMER will speak for 25 minutes, and would be enormously destabilizing. Mr. REID. Following Senator SCHU- Senator SPECTER will speak for 30 min- There are many repressive govern- MER is Senator SPECTER. Senator SCHU- utes rather than 45 minutes. ments around the world, some of which MER is here and I ask unanimous con- The PRESIDING OFFICER. The Sen- have access to weapons of mass de- sent that he be next in order. ator from Arizona. struction. There are many ruthless and The PRESIDING OFFICER. Without Mr. MCCAIN. Mr. President, I want aggressive nations around the world objection, it is so ordered. to make a very brief comment. I that have threatened their neighbors. The Senator from New York. thought Senator COLLINS’ and Senator Yet, we cannot be the world’s police- Mr. SCHUMER. Mr. President, I am DEWINE’s statements were out- man, offering to make the world safe honored to be part of this historic de- standing. They are to be congratulated. by eliminating each and every tyrant. bate. Before I get into the substance of I think it added a great deal to this de- Should the President choose to use my remarks, I thank all of my col- bate and discussion. force against Iraq, it should be for the leagues on both sides of the aisle for I do not object to the change in the purpose of ensuring unfettered weapons their excellent debate. I have listened lineup. inspections and full disarmament. If to a great deal of it. This is how the The PRESIDING OFFICER. The Sen- Saddam Hussein no longer rules as a Senate ought to work and ought to be. ator from Wisconsin. This is a fine day for the Senate. Mr. KOHL. Mr. President, I rise in result of our actions, then I say—find— but for us to take action with the pri- Today we are faced with the most support of the resolution before the solemn decision a lawmaker can make: Senate. There is no more serious vote mary purpose of overthrowing the Iraqi whether or not to authorize the use of we as Senators take than to authorize government would be wrong. military force. I approach this decision war. To do so, we must believe that The President has vowed to seek the with caution, deliberation, and serious- there is great cause—a great threat to support of the international commu- ness. America. I cast my vote today with the nity against Iraq, and my vote today is As is our tradition, there has been a great hope that this show of unity from cast accepting and supporting that po- great debate on this issue over the last the American Government and from sition fully. I Believe we should not 2 months. We have discussed multiple the American people, along with the commit U.S. troops abroad without the strategies for dealing with Saddam actions of the international commu- support of the international commu- Hussein, and advanced many argu- nity, will achieve our stated goal of nity. The costs are too great for us to ments for and against the use of mili- disarming Iraq without war. take unilateral action unless we have I will vote for this authorization be- no other choice. International involve- tary force. Some of these remain under cause, after great consideration, I be- ment will strengthen our hand against consideration, others have been wisely lieve Saddam Hussein’s acquisition of Saddam Hussein, increasing the likeli- tabled. For example, the President’s original weapons of mass destruction is a great hood that we will be able to resume in- plan of not consulting Congress or the threat. I believe disarming Saddam is a spections and disarm Iraq. great cause. And I believe that moving United Nations has thankfully been In order for the President to use abandoned. to disarm Saddam—in concert with the force, the resolution requires the Presi- international community—is the Presi- In considering our next step, I have dent to make a formal determination spent considerable time listening to ex- dent’s great goal. that relying on diplomatic and peace- There is no doubt that the threat perts, attending briefings, talking with ful means will not adequately protect constituents, and even praying to ar- Saddam Hussein and his weapons pose our national security, or lead to the to this country and to world peace is rive at a sound conclusion. enforcement of U.N. Security Council I believe that there are two points— real. More than a decade has passed resolutions. I am confident that this since we defeated Saddam, but he has one on each side, standing in equi- administration is doing everything in not changed. He is the same repressive poise—that focus my attention, and its power to engage the international dictator, willing to overrun his neigh- that embody the tension felt by all of community, and to work with our al- bors, and to use weapons of mass de- us. lies to contain Iraq. I am comforted to struction against his own people. On the one hand, going to war is the We know that Saddam’s regime has see the Administration working with most serious, even awesome decision— produced and is continuing to produce the United Nations on a stronger reso- awesome in the biblical sense of angels massive quantities of biological and lution. The President has rightly chal- trembling before God—that a law- chemical agents. We know much less lenged the U.N. to put some teeth in maker is called on to make. about his current nuclear capabilities. the Security Council resolutions which Invasion means that thousands of our But there can be no doubt that he is have been flouted by Iraq, and he has sons and daughters, the flowers of their doing everything in his power to ac- given the international community no- generation, will be put in immediate quire nuclear weapons. tice that there must be accountability harm’s way should we invade. While there is good reason to believe for the U.N. resolutions to have any I have an 18-year-old daughter, who that Saddam Hussein is not interested meaning. along with her sister is the joy of my in jeopardizing his hold on power, we Mr. President, my vote today is a life. When I think of thousands of cannot predict what Saddam will do vote to support the President in his ef- young people her age who have volun- with these capabilities should he have forts to disarm Saddam Hussein. My teered to serve, and of the previous them. The best we can do is to rely on vote is not an endorsement of a policy generations of Americans who have the past as a guide to what the future of preemptive war, whether it is initi- willingly laid down their lives in past may hold. And, the future is now col- ated by the United States or any other wars, and to whom we are eternally ored by the events of September 11 and country. My vote today is to authorize grateful, I am filled with awe and the subsequent anthrax attacks of last the President to gather a world force dread. year. These have given us a disturbing against the threat of a dangerous re- Poised against the solemnity of war glimpse at a possible worst case sce- gime armed with chemical, biological, is the fact that a major, if not the pri- nario. Given Saddam Hussein’s track and possibly nuclear weapons, and to mary function of government is to se- record—his ejection of weapons inspec- disarm that regime. And finally, my cure the safety of its people—to protect tors and his murderous ways—I believe vote today is to authorize the Presi- the citizenry from threats, both foreign the security of our nation depends on dent to go to war, in the hope that this and domestic. disarming Iraq and containing this re- strong statement of our commitment Discharging this responsibility is the gime notorious for its deceptions and to disarming Iraq will enable us to do very essence of a state and, if a real ruthlessness. so without war. danger exists, the government has a

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10302 CONGRESSIONAL RECORD — SENATE October 10, 2002 solemn obligation to protect its citi- and work toward, and pray for, the Al-Qaida and other groups will con- zenry. best; empower the President to act to tinue to target our citizens; we must These two looming issues push and protect our national security but hope not let down our guard. Countries like pull against one another and yield the it will not be necessary. Syria and Iran will continue to aid and ultimate question we debate today‘ Let me first address the question of abet terrorists; we must keep a watch- Does Saddam Hussein threaten the how by making three points. ful eye. citizenry of America to the point that One, we must certainly try less cost- The President and the Secretary of we must now consider the unthinkable ly, less ultimate options before we Defense have assured us that, if war be- option of authorizing war in order to choose the last resort, war. come necessary, our military can protect ourselves? Our first option must be working launch a successful invasion of Iraq Saddam Hussein is an evil man, a dic- with our allies at the United Nations without compromising these efforts. tator who oppresses his people and to secure a strict resolution that will In addition, if there is a war in Iraq, flouts the mandate of the international compel Saddam Hussein to disarm and we must not let it diminish our efforts community. submit to unlimited and unrestricted to make our homeland more secure— While this behavior is reprehensible, inspections. our airports, sea ports, rail lines, nu- it is Hussein’s vigorous pursuit of bio- The administration believes a unified clear facilities, and our communica- logical, chemical and nuclear weapons, Congress that authorizes the President tions infrastructure all remain unac- and his present and potential future to wage war will importune the United ceptably vulnerable. support for terrorist acts and organiza- Nations to take the kind of vigorous I have been quite critical of the ad- tions, that make him a terrible danger and unified action that has eluded that ministration on this point and again to the people to the United States. body for the last 11 years: real inspec- urge them to refocus their efforts. We If our other efforts to thwart the tions, real sanctions, real threats of are about to spend billions of dollars to threat posed by Hussein do not work, is military force. I hope and pray they reduce threats abroad; we should spend war justified? If justified, how long can are right. a similar amount to safeguard our- Let me repeat: inspections and sanc- we leave Hussein alone before we need selves at home. tions backed by the threat of military to act? Third, the President must begin to force. These must come first. These are The struggle for these answers come pay attention to our economy. Up to the reasons to favor this resolution. this point, he has failed to do so. The in a brand new context. Our’s is a brave And if after exhausting these options, American people are particularly nerv- new post 9/11 world, a time and place Saddam Hussein remains a threat, I be- ous about our economic future and the where things are different and more lieve other nations will support and prospect of war only deepens these dangerous than before, much as we follow us as we pursue the last option, fears. The President and Congress must wish they weren’t. war. Those who would use terror—or those Working cooperatively with our al- address this issue immediately. People must have secure, family-sup- who would aid and abet that terror— lies in the United Nations must be a porting jobs, access to quality health pose a new danger to every one of us paramount priority for us all. We need care, and the ability to pay for neces- living in the United States, whether in their help not simply to force effective sities like college tuition and prescrip- midtown Manhattan or the wheat disarmament in Iraq; they are also key tion drugs. Our epoque of prosperity fields of Kansas. players in an historic fight—the war on has quickly given way to an era of un- I have seen firsthand the devastation terror. that comes from being unprepared and They provide us with intelligence to certainty. I believe we can reverse that trend. unprotected. On September 12, I peered protect ourselves from future attack; Our Nation is big enough and strong into the dark and smoky crater at the they permit us to pursue our enemies enough to secure our safety abroad and World Trade Center with horror, an in foreign lands so that our foes know increase our prosperity at home. I urge image that still burns in my memory. that they have no haven from justice; the President to pay equal attention to I have met with the families of victims and they cooperate to help us choke off both causes, which he has not done up and heard about their losses, and shed terrorists’ financial support. tears over the evil and mendacity of Without their help and co-operation, to now. As I have discussed, I believe at some our enemies. the war on terror would be much more point we will have to confront Saddam I know it is my solemn obligation to difficult to wage. Therefore, their sup- Hussein. We should coordinate with our do everything I can to ensure that my port for our efforts on Iraq is essential allies in the United Nations; maintain city, State, and country never again for our safety as a nation. endure such an atrocity. Yet, at the This new resolution puts far more focus on terrorist threats at home and same time, I know that war must be emphasis on international cooperation abroad; and make a concerted effort to our last resort. first and is a substantial improvement revive our economy. When I consider that Hussein could over what the President originally pro- That is how our Government can se- either use or give to terrorists weapons posed. cure the safety of its people. of mass destruction—biological, chem- Unfortunately, time and again, Hus- The second question is when to act. ical or nuclear—and that he might just sein has shown that the only language Evidence suggests that we probably be made enough to do it—I find, after he understands is the language of have some time before the growing careful research, the answer to my power. By empowering the President to threat posed by Saddam Hussein would question: we cannot afford to leave him use force, we will send a message to require military action. If I were Presi- alone over the next 5 or even 3 years. both Hussein and the nations of the dent, I would not go to war now. My I say this with caution and worry. world that the threat of force is real next step would be, as ours must be, to But I have searched my mind and my and that we are serious about dis- explore fully the compelling force of a soul and cannot escape this conclusion: arming him. determined United Nations. Saddam Hussein left unfettered will at Without this possibility, Hussein will Given the President’s recent state- some point create such a danger to our never allow inspections, and the prob- ments of support for action through lives that we cannot afford to leave ability of more terror and horror will the U.N.; if he were to invade Iraq now him be. increase. A determined U.N., backed by after passage of the resolution, he In the post 9/11 world, inaction is not the possibility of force, may finally would have completely misled Congress an option: at some point, Hussein must convince Saddam Hussein to submit to and the American people. As he said in Cincinnati on Monday. be de-fanged. the real inspections he has evaded for The question is how and when? the last 11 years. Approving this resolution does not mean Do we mobilize our military for bat- Second, should we go to war, the that military action is imminent or unavoidable. The resolution will tell the United Na- tle? Do we take pains to ensure that President must see to it that we don’t tions, and all nations, that America speaks other possible options are exhausted lose vigilance in other aspects of the with one voice and it is determined to make first? I say yes to both—proceed on war on terror, apart form Iraq, both demands of the civilized world mean some- parallel tracks: prepared for the worst abroad and at home. thing.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10303 I will, therefore, take the President has been doing its utmost to create nu- contemplate action where there is a at his word and do my very best to hold clear weapons. threat—a significant threat. him to it. The coalition, which was formed in Hugo Grotius, considered the father I realize the resolution before us 1991 by then-President Bush, is the of international law, said in his 1925 would allow the President to act soon- preferable way to go at the present book ‘‘The Law of War and Peace’’ that er than that. If I had drafted the reso- time. We know Saddam Hussein is a nation may use self-defense in antici- lution, it would surely have been dif- cruel, repressive, and evil. There are pation of attack when there is ‘‘present ferent. However, if each of us insisted hardly sufficient adjectives in the lexi- danger.’’ He said, ‘‘It is lawful to kill on our own resolution, we would have con to adequately describe his vicious him who is preparing to kill.’’ 535 resolutions, each with one vote, no character. That has long since been There is no doubt that there is concensus—only paralysis. recognized and was the point of a reso- present danger. Is Saddam Hussein pre- In our post 9/11 world, there are no lution which this Senator introduced paring to attack the United States or good choices, only less bad ones. As we on March 3, 1998, to constitute a war other peace-loving nations? There is a move toward final passage, the choice crimes tribunal and to try Saddam real question as to why he would amass before us is this resolution—imperfect Hussein as a war criminal because he chemical weapons in great quantity, as it is—or none at all. had violated the basic laws against hu- biological weapons in great quantity, Saddam Hussein, his pursuit of weap- manity. He had engaged in reprehen- delivery systems capable of reaching ons of mass destruction and the will he sible conduct. That resolution passed the United States, and search for nu- has shown to use them, makes the non- the Senate by a vote of 93 to 0 on clear weapons which we are not sure of, at-all option unacceptable. March 13, 1998. but he may be very close. So I will vote for this resolution. Rather than take time to delineate Another foremost authority on inter- More than anything else we can do, all of his acts of barbarism and cruelty, national law, Elihu Root, said in 1914 this resolution will show Hussein and I ask unanimous consent that a copy of that international law did not require nay naysayers in the United Nations this resolution be printed in the CON- a nation to wait to use force in self-de- that we are serious about this war on GRESSIONAL RECORD at the conclusion fense until it is too late to protect terrorism. We understand the chal- of my presentation. itself. lenges of this brave new world and we The PRESIDING OFFICER. Without This is the essential legal backdrop are prepared to meet them. objection, it is so ordered. where we must consider what should be We do not want to send our sons and (See exhibit 1.) done. There are a number of alter- daughters to war, yet we can never Mr. SPECTER. Mr. President, all the natives we can take. again find ourselves unprepared: the rules have changed since September 11 First, we can do nothing—no resolu- risks are far too great. of last year. We now know that in the tion, no action—and simply let Saddam Certainly action—any type of ac- United States, we are no longer invul- Hussein continue to flout his commit- tion—poses real danger and must be nerable to attack by outside powers. ments made to the United Nations. taken with great caution and concern. The breadth of the Atlantic and the However, my view is, after a lot of But sometimes doing nothing is riskier Pacific no longer protect us. We careful deliberation, analysis, and than acting. This is one of those mo- learned a very bitter lesson on Sep- study, that the risk of inaction is ments. tember 11 that has to be taken into ac- worse than the risk of action. There Therefore, I will cautiously cast my count in our current conduct. are major risks in action. vote for the Lieberman resolution. I By 20/20 hindsight, it is apparent that We have to consider what losses pray that we shall not have to use the we should have acted against Osama there will be on United States per- awesome authority it grants. bin Laden and al-Qaida long before sonnel, British personnel, or whoever I yield back the remainder of my September 11. Osama bin Laden was may join us. We have to consider the time. under indictment for killing Americans risk to Israel, which is in the neighbor- The PRESIDING OFFICER. The Sen- in Mogadishu in 1993. Osama bin Laden hood of Iraq. Iraq is still at war with ator from Pennsylvania. was later indicted for the embassy Israel. During the Persian Gulf War in Mr. SPECTER. Mr. President, it can- bombings in Africa in 1998. We knew 1991, some 39 Scud missiles were rained not be repeated too often in the Cham- Osama bin Laden was implicated in the down on Israel. While they have a mis- ber of the Senate, the gravity of the ac- terrorism against the destroyer USS sile defense system, it is not adequate tion which we are about to take. The Cole. We knew Osama bin Laden had to protect the whole nation. Notwith- House of Representatives has already carried on a worldwide jihad aimed at standing that, Prime Minister Sharon considered and passed a similar resolu- the United States, and we have not yet has made public announcements that tion. For some time now it has been determined the full extent of our he endorses United States military ac- apparent the die has been cast. knowledge of bin Laden. However, it is tion against Iraq. Of all of the constitutional respon- my personal view, having served as The risks of not doing anything may sibilities entrusted to Congress, the au- chairman of the Intelligence Com- subject the United States to a repeat of thority and responsibility to declare mittee of the 104th Congress, that had September 11, which could be even war is the most important. This will be we put all of the so-called dots to- more cataclysmic. We continue to the second most important vote which gether on one screen, we would have worry about al-Qaida, which has shown I will have cast in the 22 years I have had a virtual blueprint as to what al- a ruthless disregard for human life and had the privilege of serving in the Sen- Qaida and Osama bin Laden would do. the most barbaric kind of conduct. The ate. The other vote was the authoriza- Now we have the risk as to what to risks with Saddam Hussein are com- tion for the use of force against Iraq in do about Saddam Hussein and what to parable. 1991. Now, the same situation confronts do about Iraq. There is considerable Then how do we approach the matter us because, albeit by 20/20 hindsight, we unrest in the United States today to have the best likelihood of pro- did not finish the job in 1991. about whatever course of action we ducing the kind of coalition put to- The question is: What course of ac- take. gether by President Bush in 1991? tion would be most likely to avoid vio- In a series of town meetings for the President Bush, in 1991, was able to lence—that is, an attack on the United last 3 months, I have had many con- motivate the Arab world to move States or other peaceful countries, or stituents say to me: Why does the against Saddam Hussein, as well as the an attack on Iraq? The most desirable United States want to start a war? The traditional allies. objective would be to achieve the disar- United States has never started a war I gave very careful consideration to mament of Iraq in accordance with the in the past. The United States has only the amendment proposed by the Sen- commitments which Iraq made at the finished wars. Certainly were it not for ator from Michigan, Mr. LEVIN, where conclusion of the Gulf War: to disarm; the experience on September 11 last he proposed that we ought to grant the not to produce chemical or biological year, I think we would not have consid- President authority to use force, but weapons, which Iraq has violated; and ered preemptive action. However, the only after a United Nations resolution not to produce nuclear weapons. Iraq authorities and international law do authorizing the use of force.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10304 CONGRESSIONAL RECORD — SENATE October 10, 2002 The advantage of the Levin amend- priate,’’ which is a subjective test, con- On this solemn occasion, when it ap- ment was that we would have multilat- trasted with the 1991 authorization pears now highly likely—or perhaps eral action, very much like the Gulf which said the President was author- more accurately, virtually certain— War in 1991. The disadvantage would be ized to use force in order to implement that this resolution will be enacted by that we would be subject to the veto of Security Council resolutions. It is too both the House of Representatives and Russia, China, or even France, and that late in the day to press that distinc- the Senate, and that we are on a very ultimately the United States would be tion, but I think it is important to difficult course, it is hoped that the ceding a considerable quantum of na- note. tremendous power of the United tional sovereignty if we gave up our Similarly, I think it is important to States, in conjunction with other coun- right to decide what course of conduct note the potential historical impact of tries, will be sufficient to bring Sad- we should take, which is in our na- the pending resolution which, in effect, dam Hussein to his senses, if he has tional interest. delegates to the President the author- any, that he ought to submit to inspec- I carefully considered an amendment ity to declare war. tions. If he does not submit to inspec- which had been prepared and circulated Make no mistake about it, this reso- tions, then it is confirmation that he, lution for the use of force is the equiva- by Senator LUGAR and Senator BIDEN. in fact, has something to hide and lent of a declaration of war, and Con- That resolution emphasized that the there is something really at risk. President should exhaust all possible gress has the authority to declare war. So among the very many complex means for an international coalition. However, we are saying in effect that considerations, it is my considered However, if the President found it im- the President may decide at some fu- judgment the adoption of this resolu- possible to organize an international ture time whether war should be de- tion is the best course for our country. clared. coalition and believed that the inter- I yield the floor. In an earlier presentation on the Sen- ests of the United States were threat- ate floor, I detailed, to substantial ex- EXHIBIT 1 ened, in self-defense the President tent, the considerations and concerns I S. CON. RES. 78 could act on his own or in conjunction had about the constitutionality of that Whereas the International Military Tri- with Great Britain. However, the Presi- kind of a delegation of power. bunal at Nuremberg was convened to try in- dent would not have to await U.N. ac- dividuals for crimes against international So, in sum, we are faced with a tough law committed during World War II; tion. decision for the first time in the his- It would seem to me the proposal of Whereas the Nuremberg tribunal provision tory of this country to use preemptive which held that ‘‘crimes against inter- Senator BIDEN and Senator LUGAR was action. I commend President Bush for national law are committed by men, not by the best idea, and I had agreed to co- coming to Congress. Originally he said abstract entities, and only by punishing indi- sponsor that resolution or an amend- he did not need to do so and would not viduals who commit such crimes can the pro- ment offered which contained the es- do so. Later, he modified that, saying visions of international law be enforced’’ is sence of that resolution. that while he might not have to, he as valid today as it was in 1946; Madam President, I ask unanimous Whereas, on August 2, 1990, and without was coming to Congress. He initially provocation, Iraq initiated a war of aggres- consent that the text of the Biden- talked about unilateral action, and Lugar resolution be printed in the sion against the sovereign state of Kuwait; since has worked very hard in the Whereas the Charter of the United Nations RECORD at the conclusion of my state- United Nations. imposes on its members the obligations to ment. It may be that the practical effect of ‘‘refrain in their international relations from The PRESIDING OFFICER (Ms. STA- what the President is doing now, the threat or use of force against the terri- BENOW). Without objection, it is so or- through Secretary of State Colin Pow- torial integrity or political independence of dered. ell, amounts to what was sought in the any state’’; Whereas the leaders of the Government of (See exhibit 2.) Biden-Lugar resolution, and I do be- Mr. SPECTER. When Senator BIDEN Iraq, a country which is a member of the lieve the likelihood of getting UN ac- United Nations, did violate this provision of and Senator LUGAR decided not to offer tion is better if we proceed to give the the United Nations Charter; that amendment, I decided to offer it President the authority to act without Whereas the Geneva Convention Relative myself. I was surprised that the Biden- UN support because if we said, as Sen- to the Protection of Civilian Persons in Lugar amendment was not offered be- ator LEVIN proposed, that his authority Times of War (the Fourth Geneva Conven- fore 1 o’clock yesterday, which was the to use force would be conditioned on a tion) imposes certain obligations upon a bel- deadline. I worked with the Parliamen- UN resolution, it would be, in effect, an ligerent State, occupying another country by force of arms, in order to protect the ci- tarian to structure a procedure to offer open invitation to the UN not to act, this as a second-degree amendment, vilian population of the occupied territory knowing the President and the United from some of the ravages of the conflict; and for reasons which were detailed in States, were limited from acting if the Whereas both Iraq and Kuwait are parties an earlier speech on the Senate floor, a UN did not, and subjecting our na- to the Fourth Geneva Convention; unanimous consent agreement, in my tional interests to China, Russia, or Whereas the public testimony of witnesses absence, was entered into, and the France’s veto. and victims has indicated that Iraqi officials pending first-degree amendments, to So I do believe, of all the alter- violated Article 27 of the Fourth Geneva which this would have been amended, natives, giving the President this Convention by their inhumane treatment and acts of violence against the Kuwaiti ci- were withdrawn. power without conditioning it on pre- I do not want to get too much into vilian population; vious UN resolutions is the best way to Whereas the public testimony of witnesses the arcane details of our Senate proce- get the United Nations to act to en- and victims has indicated that Iraqi officials dure, but I was foreclosed from offering force the obligations which Iraq has to violated Articles 31 and 32 of the Fourth Ge- that amendment, and I think it is very the United Nations, running since 1991, neva Convention by subjecting Kuwait civil- unfortunate the Senate did not have an which have been in desperate breach. ians to physical coercion, suffering and ex- opportunity to consider the Biden- So I do intend to vote for the pending termination in order to obtain information; Lugar amendment. I am not sanguine resolution. I supported the amendment Whereas, in violation of the Fourth Geneva Convention, from January 18, 1991, to Feb- to say it would have been enacted, but, by Senator BYRD to the effect that ruary 25, 1991, Iraq did fire 39 missiles on on a matter of this importance, I felt nothing in this resolution should be Israel in 18 separate attacks with the intent very strongly that procedural rules deemed to impede or affect the con- of making it a party to war and with the in- should not bar the Senate from consid- stitutional authority of the Congress tent of killing or injuring innocent civilians, eration, especially when those proce- to declare war. Ordinarily you would killing 2 persons directly, killing 12 people dural rules had been complied with not think a statute or a resolution indirectly (through heart attacks, improper until, as I say, the unanimous consent would jeopardize constitutional au- use of gas masks, choking), and injuring agreement, in my absence, in effect, thority, which is paramount, but I am more than 200 persons; pulled the rug out from under me. concerned about the issue of erosion, Whereas Article 146 of the Fourth Geneva Convention states that persons committing I am concerned that the scope of the and that is why I supported Senator ‘‘grave breaches’’ are to be apprehended and present resolution goes a little far in BYRD in the amendment that nothing subjected to trial; authorizing the President to use ‘‘all in this resolution should undercut the Whereas, on several occasions, the United means that he determines to be appro- authority of Congress to declare war. Nations Security Council has found Iraq’s

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10305 treatment of Kuwaiti civilians to be in viola- try individuals accused of the commission of ure to fulfill its obligations under Resolution tion of international law; violations of international law in Rwanda; 687 to destroy or dismantle its weapons of Whereas, in Revolution 665, adopted on Au- Whereas more than 70 individuals have mass destruction program and its prohibited gust 25, 1990, the United Nations Security faced indictments handed down by the Inter- ballistic missile program; Council deplored ‘‘the loss of innocent life national Criminal Tribunal for the Former Whereas Iraq under Saddam Hussein used stemming from the Iraq invasion of Kuwait’’; Yugoslavia in the Hague for war crimes and chemical weapons in its war with Iran in the Whereas, in Revolution 670, adopted by the crimes against humanity in the former 1980s and against the Kurdish population in United Nations Security Council on Sep- Yugoslavia, leading in the first trial to the northern Iraq in 1988; tember 25, 1990, it condemned further ‘‘the sentencing of a Serb jailer to 20 years in pris- Whereas since 1990, the United States has treatment by Iraqi forces on Kuwait nation- on; considered Iraq to be a state sponsor of ter- als and reaffirmed that the Fourth Geneva Whereas the International Criminal Tri- rorism; Convention applied to Kuwait’’; bunal for Rwanda has indicted 31 individuals, Whereas Iraq’s failure to comply with its Whereas, in Resolution 674, the United Na- with three trials occurring at present and 27 international obligations to destroy or dis- tions Security Council demanded that Iraq individuals in custody; mantle its weapons of mass destruction pro- cease mistreating and oppressing Kuwaiti Whereas the United States has to date gram and its prohibited ballistic missile pro- nationals in violation of the Convention and spent more than $24 million for the Inter- gram, its record of using weapons of mass de- reminded Iraq that it would be liable for any national Criminal Tribunal for the Former struction, its record of using force against damage or injury suffered by Kuwaiti nation- Yugoslavia and more than $20 million for the neighboring states, and its support for inter- als due to Iraq’s invasion and illegal occupa- International Criminal Tribunal for Rwanda; national terrorism require a strong diplo- tion; Whereas officials such as former President matic, and if necessary, military response by Whereas Iraq is a party to the Prisoners of George Bush, Vice President Al Gore, Gen- the international community, led by the War Convention and there is evidence and eral Normal Schwarzkopf and others have la- United States: Now, therefore be it testimony that during the Persian Gulf War, beled Saddam Hussein a war criminal and Resolved by the Senate and the House of Rep- Iraq violated articles of the Convention by called for his indictment; resentatives of the United States of America in its physical and psychological abuse of mili- Whereas a failure to try and punish leaders Congress assembled, tary and civilian POW’s including members and other persons for crimes, against inter- SECTION 1. SHORT TITLE. of the international press; national law establishes a dangerous prece- This Act may be cited as the ‘‘Authoriza- Whereas Iraq has committed deliberate dent and negatively impacts the value of de- tion for the Use of Force Against Iraq Reso- and calculated crimes of environmental ter- terrence to future illegal acts; lution of 2002.’’ rorism, inflicting grave risk to the health Resolved, by the Senate (the House of Rep- and well-being of innocent civilians in the resentatives concurring), SECTION 2. AUTHORIZATION FOR THE USE OF region by its willful ignition of 732 Kuwaiti That the President should— UNITED STATES ARMED FORCES. oil wells in January and February, 1991: (1) call for the creation of a commission (a) AUTHORIZATION FOR THE USE OF Whereas President Clinton found ‘‘compel- under the auspices of the United Nations to FORCE.—The President, subject to subsection ling evidence’’ that the Iraqi Intelligence establish an international record of the (b), is authorized to use United States Armed Service directed and pursued an operation to criminal culpability of Saddam Hussein and Forces— assassinate former President George Bush in other Iraqi officials; (1) to enforce United Nations Security April 1993 when he visited Kuwait; (2) call for the United Nations to form an Council Resolution 687, and other resolutions Whereas Saddam Hussein and other Iraqi international criminal tribunal for the pur- approved by the Council which govern Iraqi officials have systematically attempted to pose of indicting, prosecuting, and impris- compliance with Resolution 687, in order to destroy the Kurdish population in Iraq oning Saddam Hussein and other Iraqi offi- secure the dismantlement or destruction of through the use of chemical weapons against cials who are responsible for crimes against Iraq’s weapons of mass destruction program civilian Kurds, campaigns in 1987–88 which humanity, genocide, and other violations of and its prohibited ballistic missile program; resulted in the disappearance of more than international law; and or 182,000 persons and the destruction of more (3) upon the creation of such an inter- (2) in the exercise of individual or collec- than 4,000 villages, the placement of more national criminal tribunal, week the re- tive self-defense, to defend the United States than 10 million landmines in Iraqi Kurdistan, programming of necessary funds to support or allied nations against a grave threat and ethnic cleansing in the city of Kirkuk; the efforts of the tribunal, including the posed by Iraq’s weapons of mass destruction Whereas the Republic of Iraq is a signatory gathering of evidence necessary to indict, program and its prohibited ballistic missile to international agreements including the prosecute and imprison Saddam Hussein and program. Universal Declaration on Human Rights, the other Iraqi officials. (b) REQUIREMENT FOR DETERMINATION THAT International Covenant on Civil and Polit- USE OF FORCE IS NECESSARY.—Before exer- ical Rights, the Convention on the Preven- S.J. RES cising the authority granted by subsection tion and Punishment of the Crime of Geno- (a), the President shall make available to Authorizing the use of the United States cide, and the POW Convention, and is obli- the Speaker of the House of Representatives Armed Forces pursuant to a new resolution gated to comply with these international and the President pro tempore of the Senate of the United Nations Security Council seek- agreements; his determination that— Whereas section 8 of Resolution 687 of the ing to enforce the destruction and dismantlement of Iraq’s weapons of mass destruction (1) the United States has attempted to United Nations Security Council, adopted on seek, through the United Nations Security April 3, 1991, requires Iraq to unconditionally program and prohibited ballistic missiles program or pursuant to the United States Council, adoption of a resolution that after accept the destruction, removal, or ren- September 12, 2002 under Chapter VII of the dering harmless, under international super- right of individual or collective self-defense if the Security Council fails to act. United Nations Charter authorizing the ac- vision of all chemical and biological weapons tion described in subsection (a)(1), and such and all stocks of agents and all related sub- Whereas under United Nations Security Council Resolution 687 (1991), which effected resolution has been adopted; or systems and components and all research, (2) that the threat to the United States or development, support, and manufacturing fa- a formal cease-fire following the Persian Gulf War, Iraq agreed to destroy or dis- allied nations posed by Iraq’s weapons of cilities; mass destruction program and prohibited Whereas Saddam Hussein and the Republic mantle, under international supervision, its ballistic missile program is so grave that the of Iraq have persistently and flagrantly vio- nuclear, chemical, and biological weapons use of force is necessary pursuant to sub- lated the terms of Resolution 687 with re- programs (hereafter in this joint resolution section (a)(2), notwithstanding the failure of spect to elimination of weapons of mass de- referred to as Iraq’s ‘‘weapons of mass de- the Security Council to approve a resolution struction and inspections by international struction program’’), as well as its program described in paragraph (1). supervisors; to develop or acquire ballistic missiles with Whereas there is good reason to believe a range greater than 150 kilometers (here- SECTION 3. CONSULTATION AND REPORTS. that Iraq continues to have stockpiles of after in this joint resolution referred to as (a) CONSULTATION.—The President shall chemical and biological munitions, missiles Iraq’s ‘‘prohibited ballistic missile pro- keep Congress fully and currently informed capable of transporting such agents, and the gram’’), and undertook unconditionally not on matters relevant to this joint resolution. capacity to produce such weapons of mass to develop any such weapons thereafter. (b) INITIAL REPORT.— destruction, putting the international com- Whereas on numerous occasions since 1991, (1) As soon as practicable, but not later munity at risk; the United Nations Security Council has re- than 30 days after exercising the authority Whereas, on February 22, 1993, the United affirmed Resolution 687, most recently in under subsection 2(a), the President shall Nations Security Council adopted Resolution Resolution 1284, which established a new submit to Congress a report setting forth in- 808 establishing an international tribunal to weapons inspection regime to ensure Iraqi formation— try individuals accused of violations of inter- compliance with its obligations under Reso- (A) about the degree to which other na- national law in the former Yugoslavia; lution 687; tions will assist the United States in the use Whereas, on November 8, 1994, the United Whereas on numerous occasions since 1991, of force in Iraq; Nations Security Council adopted Resolution the United States and the United Nations (B) regarding measures the United States 955 establishing an international tribunal to Security Council have condemned Iraq’s fail- is taking, or preparaing to take, to protect

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10306 CONGRESSIONAL RECORD — SENATE October 10, 2002 key allies in the region from armed attack advantage against Saddam Hussein—in ing, I have come to the conclusion that by Iraq; and the skill, the technology, and, of the risks to our citizens and to our Na- (C) on planning to establish a secure envi- course, dedication of our Armed tion of doing nothing are too great to ronment in the immediate aftermath of the Forces. bear. use of force (including estimated expendi- There is unmistakable evidence that tures by the United States and allied na- We defeated Saddam quickly and tions), and, if necessary, prepare for the po- conclusively in 1991. In the decade Saddam Hussein is working aggres- litical and economic reconstruction of Iraq since, our force effectiveness has im- sively to develop nuclear weapons and following the use of force. proved dramatically, while many of will likely have nuclear weapons with- (2) CLASSIFICATION OF REPORT.— The report Saddam’s capabilities have deterio- in the next 5 years. He could have it required by paragraph (1) may be submitted rated. But a new battle against Sad- earlier if he is able to obtain fissile main classified form. dam Hussein, if it comes to that, will terials on the outside market, which is (c) SUBSEQUENT REPORTS.—Following be very different and much more dif- possible—difficult but possible. We also transmittal of the report required by sub- should remember we have always un- section (b), the President shall submit a re- ficult. A U.S. victory might be quick, and it derestimated the progress that Saddam port to Congress every 60 days thereafter on Hussein has been able to make in the the status of United States diplomatic, mili- might be painless. One hopes that will tary and reconstruction operations with re- be the case, but it may not be so. The development of weapons of mass de- spect to Iraq. American people need to know a war struction. When Saddam Hussein obtains nu- SECTION 4. WAR POWERS RESOLUTION REQUIRE- against Saddam will have high costs, MENTS. including loss of American lives. Our clear capabilities, the constraints that (a) SPECIFIC STATUTORY AUTHORIZATION.— confident assertions that Saddam Hus- he feels will diminish dramatically, and the risk to America’s homeland, as Consistent with section 8(a)(1) of the War sein will quickly be deposed by his own Powers Resolution, the Congress declares well as to America’s allies, will in- people have in the past been too opti- that section 2 is intended to constitute spe- crease even more dramatically. Our ex- mistic. cific statutory authorization within the isting policies to contain or counter Presumably, Saddam Hussein will be meaning of section 5(b) of the War Powers Saddam will become, therefore, irrele- more determined to use all the weap- Resolution. vant. (b) APPLICABILITY OF OTHER REQUIRE- ons and tactics in his arsenal, if he be- Americans will return to a situation MENTS.—Nothing in this resolution super- lieves that our ultimate goal is to re- like we faced in the cold war, waking sedes any requirement of the War Powers move him from power. The administra- Resolution. each morning knowing that we are at tion assures us our troops have equip- risk from nuclear blackmail by a dicta- The PRESIDING OFFICER. The Sen- ment and uniforms that will protect torship that has declared itself to be ator from West Virginia. them from that risk, should that risk our enemy, only back then our Com- Mr. ROCKEFELLER. Madam Presi- arise. We can only hope to God they munist foes—in those so-called good dent, I ask unanimous consent that I are right. old days, which, of course, they were be allowed to speak for 30 minutes. We also acknowledge that any mili- not, but in making the comparison be- The PRESIDING OFFICER. The Sen- tary operations against Saddam Hus- tween now and then, our Communist ator from Nevada. sein pose potential risks to our own foes were a rational and predictable bu- Mr. REID. Madam President, just so homeland. Saddam’s government has reaucracy. This time our nuclear foe the record is clear, he is filling the spot contact with many international ter- would be an unpredictable and often ir- Senator CARPER had. rorist organizations that likely have rational individual, a dictator who has The PRESIDING OFFICER. Is there cells here in the United States. demonstrated that he is prepared to objection? Finally, we also need to recognize violate international law and initiate Without objection, it is so ordered. that should we go to war with Iraq, it The Senator from West Virginia. unprovoked attacks when he believes it could have a serious impact on Amer- serves any of his whims or purposes to Mr. ROCKEFELLER. I thank the ica’s role in the world and the way the Senator from Nevada very much. so do. rest of the world responds, therefore, to The global community in the form of Madam President, we are here today America’s leadership. the United Nations has declared re- to debate one of the most difficult deci- We are told that if Saddam Hussein is peatedly, through multiple resolutions, sions that I, at least, have ever had to overthrown, American soldiers would that the frightening prospect of a nu- make in my 18 years in the Senate. be welcomed into Baghdad with libera- clear-armed Saddam cannot come to There is no doubt in my mind Saddam tion parades. That may be true. But it pass, but the U.N. has been unable to Hussein is a despicable dictator, a war is true the people who have suffered enforce these resolutions. We must criminal, a regional menace, and a real most at Saddam’s hands are, of course, eliminate that threat now before it is and growing threat to the United his own citizens. too late. But that isn’t just a future States. The difficulty of this decision For many people around the world, threat. Saddam’s existing biological is that while Saddam Hussein rep- an American-led victory over Saddam and chemical weapons capabilities pose resents a threat, each of the options for Hussein would not be cause for celebra- real threats to America today, tomor- dealing with him poses a threat—to tion. No matter how strong our case, row. America’s service members, to our citi- there will inevitably be some who will Saddam has used chemical weapons zens, and to our role in the world at see a U.S.-led action against Iraq as a before, both against Iraq’s enemies and large. cause for concern. At its most extreme, against his own people. He is working It is clear none of the options that that concern feeds the terrorist para- to develop delivery systems like mis- confront us are easy or risk free. For noia that drives their mission to hurt siles and unmanned aerial vehicles that all of us, the upcoming vote on this America. We can affect how deep that could bring these deadly weapons critical issue will reflect our best judg- sentiment runs by how we conduct our- against U.S. forces and U.S. facilities ment on which path will minimize the selves—whether we work with allies, in the Middle East. He could make risk to our fellow Americans because whether we show ourselves to be com- these weapons available to many ter- we all know the risk cannot be elimi- mitted to the reconstruction of Iraq rorist groups, third parties, which have nated. And that judgment will, in turn, and to the reconciliation with the Arab contact with his government. Those depend on a complex interaction of world. But we ignore all of that at our groups, in turn, could bring those many factors, some of which we do not peril. weapons into the United States and un- know and perhaps cannot know. Clearly, there are many risks associ- leash a devastating attack against our It is clear military operations ated with the resolution we are consid- citizens. I fear that greatly. against Saddam Hussein, of the sort ering today, but it is equally clear that We cannot know for certain that Sad- that are being discussed, pose serious doing nothing and preserving the sta- dam will use the weapons of mass de- risks, and we should all admit to that. tus quo also poses serious risks. Those struction that he currently possesses Any military campaign runs very seri- risks are less visible, and their frame of or that he will use them against us. ous risks to our service members. On time is less certain. But after a great But as we do know, Saddam has the ca- paper, we surely have an overwhelming deal of consultation and soul search- pability to do that. We know that very

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10307 well. Rebuilding that capability has minimize the risks—we must authorize curred in a vacuum. U.N. members did been a higher priority for Saddam than the President to take the necessary not just suddenly decide to debate a the welfare of his own people, and he steps to deal with that threat. So I will new resolution forcing Iraq to disarm. has ill will toward Americans. vote for the Lieberman-McCain resolu- Saddam Hussein did not just suddenly I am forced to conclude on all the tion. decide to reinvite U.N. inspectors and evidence that Saddam poses a signifi- This is a difficult vote, but I could to remove the roadblocks that had hin- cant risk. Some argue it would be to- not sleep knowing that, faced with this dered their efforts in the past. Progress tally irrational for Saddam Hussein to grave danger to the people of my State is occurring because the President told initiate an attack against the main- and to all Americans, I have voted for the United Nations General Assembly land United States and believe he nothing more than continuing the poli- that if the U.N. is not prepared to en- would not do so. But if Saddam cies that have failed to address this force its resolution on Iraqi disar- thought he could attack America problem over the years. mament, the United States will be through terrorist proxies and cover the Two months ago, or even a month forced to act. trail back to Baghdad, he might not ago, I would have been reluctant to At this point, America’s best oppor- think it is so irrational. If he thought, support this resolution. At the time, it tunity to move the United Nations and as he got older and looked around an appeared that the administration’s Iraq to a peaceful resolution of this cri- impoverished and isolated Iraq, his principal goal was a unilateral invasion sis is by making clear that the United principal legacy to the Arab world to of Iraq, clear and simple, without fully States is prepared to act on our own, if be a brutal attack on the United exploring every option to resolve this necessary, as one nation, indivisible. States, he might not think it is so irra- peacefully, without trying to enlist the Sometimes, the rest of the world looks tional. If he thought the U.S. would be support of other countries, without any to America not just for the diversity of too paralyzed with fear to respond, he limitation on the use of United States our debate, or the vitality of our might not think it was too irrational. force in the Middle East region. ideals, but for the firm resolve that the Saddam has misjudged what he can The original use of force resolution world’s leader must demonstrate if in- get away with and how the United that the White House sent to the Con- tractable global problems are to be States and the world will respond gress was far too broad in its scope and solved—and dangerous ones at that. So many times before. At the end of the ignored the possibility that diplomatic that is the context in which I am ap- day, we cannot let the security of the efforts might just be able to resolve proaching this vote. this crisis without bloodshed. More- American citizens rest in the hands of This resolution does authorize the over, it appeared that the administra- somebody whose track record gives us use of force, if necessary. Saddam Hus- tion planned to cut back its efforts in every reason to fear that he is prepared sein represents a grave threat to the the war on terrorism and shift all of its to use the weapons he has used against United States, and I have concluded we attention and resources to Iraq, and his enemies before. must use force to deal with him if all As the attacks of September 11 dem- that would have been a tragic mistake. other means fail. That is just the core I believe the war against global ter- onstrated, the immense destructive- issue. It is the only core issue. And rorist networks remains the greatest ness of modern technology means we whether we vote on it now, or in Janu- current threat to the security of Amer- ary, or in 6 months, or in 1 year, that can no longer afford to wait around for ica over the long term and to our is the issue we will all have to con- a smoking gun. The fact that an attack forces overseas. We have seen that in front. on our homeland has not occurred Kuwait in just the last week. America War—if it comes to that—will cost since September 11 cannot give us any cannot be diverted or distracted from money. I and the Presiding Officer false sense of security that one will not our war on terrorism. In the past dearly wish we could use that money occur in the future or on any day. We month or so, in my judgment, we have for other domestic purposes—to ad- no longer have that luxury. begun to see an encouraging shift in dress the very real needs that West September 11 changed America. It the administration’s approach. The Virginia, Michigan, and other States made us realize we must deal dif- President stated earlier this week that face in this tough economy. But, ulti- ferently with the very real threat, the war is neither imminent nor unavoid- mately, defending America’s citizens overwhelming threat and reality of ter- able. The administration has assured from danger, their safety, and their se- rorism, whether it comes from shadowy us that whatever action we take to- curity is a responsibility whose costs groups operating in the mountains of ward Iraq, it will not be permitted to we must bear because this is not just a Afghanistan or in 70 other countries divert resources or attention from the resolution authorizing war; in my judg- around the world or in our own coun- war on terrorism internationally. ment, it is a resolution that could pro- try. Secretary Powell has been working vide a path to peace. I hope that by There has been some debate over how with the U.N. Security Council to put voting on this resolution now, while ‘‘imminent’’ a threat Iraq poses. I do together a new resolution to make the negotiations at the U.N. are con- believe Iraq poses an imminent threat. clear that Iraq must disarm, or face tinuing, this resolution will show to I also believe after September 11, that the consequences. We have already the world that the American people are question is increasingly outdated. begun to see some encouraging move- united in our resolve to deal with the It is in the nature of these weapons ment on the issue of Iraqi disar- Iraqi threat, and it will strengthen the that he has and the way they are tar- mament. Other Security Council mem- hand of the administration in making a geted against civilian populations, that bers—I mentioned France and Russia, final effort to try to get the U.N. to documented capability and dem- as well as other Arab States in the deal with the issue. Given the dif- onstrated intent may be the only warn- Middle East—have begun to talk seri- ficulty of trying to build a coalition in ing we get. To insist on further evi- ously about forcing Saddam to comply the United Nations, I could not, in dence could put some of our fellow with the U.N. resolutions. Saddam Hus- good conscience, tie the President’s Americans at risk. Can we afford to sein has begun to make offers on in- hands. take that chance? I do not think we spections and disarmament, offers The administration is in negotiations can. that, while inadequate so far, indicate on which the safety and security of all The President has rightly called Sad- that he has at least begun to move off Americans depend. I believe we must dam Hussein’s efforts to develop weap- his hardline position against inspec- give the President the authority he ons of mass destruction a grave and tions. will need, if there is any hope to bring gathering threat to Americans. The Obviously, much important and very those negotiations to a successful con- global community has tried but has hard work remains to be done. That clusion. So I will vote for the Lieber- failed to address that threat over the will take tough negotiating with the man-McCain resolution. Preventing a past decade. I have come to the ines- other members of the U.N. and a firm war with Saddam Hussein—whether capable conclusion that the threat line with Iraq. We need to be realistic now or later—must be a top priority. I posed to America by Saddam’s weapons about how best to move forward. believe this resolution will strengthen of mass destruction is so serious that Any headway we are making toward the President’s hand to resolve that despite the risks—and we should not getting Saddam to disarm has not oc- crisis.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10308 CONGRESSIONAL RECORD — SENATE October 10, 2002 By my vote, I say to the U.N. and our Mr. SESSIONS. Mr. President, any the final American victory over the allies that America is united in our re- contemplation of the use of military British. As one considers that cli- solve to deal with Saddam Hussein and force is a very serious matter and calls mactic victory, after years of war and that the U.N. must act to eliminate the for the Congress, the peoples’ rep- many defeats inflicted by the skilled weapons of mass destruction. resentatives, to be engaged and to dis- British military, one learns that our By my vote, I say to Saddam Hus- cuss and debate the issue. I do not be- victory would not have been possible sein: Disarm or the United States will lieve the Lord is pleased when his chil- but for the intervention of the large be forced to act. We have that resolve. dren fight—and according to my faith, French fleet at Yorktown, and that September 11 changed our world for- all people are creatures of one Lord and fleet’s victory over the British in a ever. We may not like it, but it is the precious in his sight. major battle. world in which we live. When there is a In my view the resort to war can With no ability to retreat or resup- grave threat to Americans’ lives, we never be considered something to glory ply, the cornered General Cornwallis have a responsibility to take action to in but must be viewed as an act that is had no choice but to surrender. This prevent it. taken as a result of human failure, and French action aided our liberation im- I thank the Chair and yield the floor. where after serious consideration, it is mensely and have served as a bond of The PRESIDING OFFICER. The Sen- concluded that alternatives are worse. loyalty between our nations even to ator from Nevada is recognized. When the status quo presents more this day. If the French were justified in Mr. REID. Madam President, we have dangers than the war the most just, the the use of military force to help lib- had a number of unanimous consent re- most logical, the most moral thing is erate us, may not our use of force in quests granted that listed the order of to fight. I wish it were not so but my years to come be seen by the world and speakers. In effect, now, we have a new experience and my best judgement tells the people of Iraq in the same positive one that will make more sense. We me this is the way we live in this tran- way. Can such a positive result be have cleared this with both cloak- sitory world. I truly respect the paci- guaranteed? Of course not, but I and rooms: fist—it is a position with a long and many others believe the chances for Senator SESSIONS will be recognized honored tradition in my faith—but any improved Iraq’s government are for 30 minutes; Senator CARPER will be whether it is by judgement or lack of greater than some think. N Still, we must clearly remember that recognized for 20 minutes; Senator E - faith, I do not go there. SIGN will be recognized for 20 minutes; To have a just war one must reason- we cannot guarantee any nation, so lib- Senator CANTWELL will be recognized ably believe the ultimate goal of the erated, future success. There are limits for 30 minutes; Senator BOB SMITH will violence will be to produce a good re- on our power, our reach and our resources. I am very pleased that under be recognized for 15 minutes; Senator sult—a better condition than existed the leadership of President Bush and BOB GRAHAM will be recognized for 30 before. And while as leaders of the peo- Secretary of Defense Rumsfeld, we minutes; Senator CONRAD will be recog- ple of the United States we must focus have only a few more soldiers in Af- nized for 30 minutes. primarily on the just national security Following these speakers, I ask unan- ghanistan than we have in Kosovo. The interests of our country, we, as en- imous consent that the Senate vote on fate of Afghanistan will be up to their lightened, moral and decent people, final passage of H.J. Res. 114, as under people ultimately. We can help, and we ought to ask ourselves, whether our ac- the previous order. After that, if any- have, but their final fate will be in tions will ultimately benefit the world body else wishes to speak—and we have their hands—as it should be. and even our adversary. Will the future a number of people who have indicated It is also important to consider that for all be better or not? the threats to the United States do not they would like to—they can do that. Further, we should consider our na- It will be probably 12:30 or 1 o’clock if come from free and prosperous states tional heritage of promoting peace, but failing ones. They fail because of everybody uses their time. freedom and prosperity. War obviously The PRESIDING OFFICER. Is there flawed governments. destroys peace, but if the result can be objection? Thus, I say the President is right to Without objection, it is so ordered. to create a safer and more peaceful reject a half century of valueless, cyn- Mr. REID. Madam President, people world, war can be an instrument of ical, diplomatic wordplay, words that have been granted this time. If they peace. sound good but are totally discon- could read a little bit faster or elimi- Afghanistan has had two decades of nected from reality, and to establish a nate a paragraph or two, some people war. Our strong military action to to- new foreign policy based on our vener- would appreciate that. tally defeat the Taliban government able heritage of honest and direct dis- The PRESIDING OFFICER. The Sen- has given that brutalized country its cussion of issues and values. ator from Arizona. best chance for peace, freedom and I am somewhat puzzled that those Mr. MCCAIN. Madam President, very prosperity in generations. We cannot who have long advocated our taking briefly, I thank the Senator from Ne- guarantee it, but great optimism exists steps to aid poor countries in the world vada. As I understand it, I ask the Sen- for a positive future that could never do not recognize the possibilities for ator from Nevada, we have Senator have been possible under the oppres- good that can come from a change in GORDON SMITH, Senator SHELBY, Sen- sive, hateful, bigoted Taliban. government. It seems there is still a ator FITZGERALD, Senator SANTORUM, The practitioners of the art of strong strain of ‘‘blame America first’’ Senator SARBANES, Senator DAYTON, ‘‘realpolitic’’ may sneer at the concept about. Many had rather complain Senator MURKOWSKI, and Senator MI- of free countries in the Arab world, but about our imperfections, real or imag- KULSKI who are still scheduled to speak I am proud of the results of our mili- ined, than to see the possibilities for a after that. tary action in Afghanistan, not only better world. I yield the floor. because it represented just retribution I strongly believe that America is a The PRESIDING OFFICER. The Sen- for their support of attacks on the force for good in the world. The London ator from Alabama. United States but also because we have based ‘‘Economist’’ magazine has re- Mr. SESSIONS. I thank the Chair, left that oppressed country better than cently produced a special insert for and I thank the leadership for the work we found it. We liberated the people of that magazine called ‘‘Present at the they have put into this bill. I thank Afghanistan from the most brutal cir- Creation: A Survey of America’s World Senator MCCAIN. It is great to see Sen- cumstances. Role’’. It concludes that a strong ator JOHN WARNER here. He helped Can anyone forget the scenes of men America is good for the world and write the 1991 gulf war resolution and beating women on the streets for the notes that America’s national interest, led its successful vote in this body, most insignificant or imagined acts? ‘‘offers the clearest match there is to a which served the body exceedingly No, I am proud of our wise and brilliant world interest. The desire for well. That was a courageous act that use of force. unimpeded trade, the rule of law, safe- he led at that time. I also remember such actions played ty and security, the protection of prop- Mr. WARNER. Madam President, I a positive role in our nation’s founding. erty and the free movement of property thank my colleague for his kind re- Indeed, one can go down to Yorktown, and capital match world needs, not just marks. as I did recently, and visit the site of American ones.’’

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10309 We are a good, decent and, yes, pow- look to polls to decide what actions he gime’s nerve center. Kurdish groups erful world leader. I am proud of our should take as our leader. say: history of being, time after time, on President Bush is acting honorably They have received secret approaches from the right side of world issues and am and with integrity. He is informing the military commanders offering to turn their very pleased we have a President that American people, consulting with Con- weapons on Saddam when the war begins. understands the new world we are in gress, conferring with world leaders Columnist Morton Kondracke wrote and who has the courage worthy of the and trying to work with the U.N. appa- today that there are many possibilities great people he leads. ratus. He has altered his tactics to win for a regime change without a war. He It is important to point out that if support from others, but his goal has notes Idi Amin took exile. As the pres- force cannot be avoided, our action will not changed. Ultimately, if his views sure mounts, as the circle tightens, not be against the people of Iraq or the are proven false, and all the predicted these are among possibilities for nation of Iraq, but it will be against disasters come true then he will surely achieving our goals short of a full scale the brutal, illegal, Saddam Hussein re- pay the price at the ballot box. But, I conflict. gime. It is a regime that has caused don’t think so. Neither do most of Yes, it is quite true that the Presi- more destruction than any existing in those in this body. I think he is correct dent has requested our authorization the world today. The people of Iraq will and though the road may be difficult to use force, but he still hopes he will be the greatest beneficiaries of our vic- and dangerous, I am confident his Iraq not have to use it. For us to not grant tory. At this moment, pursuant to U.N. policies will succeed as have his poli- him that authority would be only to resolutions, our forces are attempting cies in Afghanistan. I truly believe allow the President to continue nego- to enforce an embargo against Iraq. It that peace, freedom, security and pros- tiations but require him to come back has been only partially successful and perity will be enhanced not reduced as to Congress another time (while we are it is leaking more and more. The Arab a result of our actions. in recess perhaps) for an authorization world complains, with much truth, It is important to recognize that to use force. To state that position is that the embargo only hurts the peo- while this resolution could lead to war, to expose its fatal flaw. Such an action ple, the children of Iraq. Saddam Hus- it also offers the best chance we have would eliminate any chance for a real sein continues to build places and to avoid war and to achieve security. agreement. weapons of mass destruction while his The distinguished Democratic Chair- Saddam Hussein will know what we people suffer. man of the Foreign Relations Com- have done. He will know that the Presi- It has been eleven years. How long mittee has objected to the President’s dent cannot until Congress meets must the United States continue to statement that he has not decided to again. He will know that the fateful carry this burden to enforce a policy go to war while he asks for a resolution moment has not come, and that he can that is not significantly hurting the re- to allow war. But, this is not con- continue to delay and maneuver. Clear- gime but hurts innocent civilians? How tradictory. This Congress knows the ly, we must authorize the use of force can we justify this morally? score. We know Saddam Hussein’s de- if the President finds it necessary. Oth- There are certainly dangers in mili- ceitful manipulations, his lies, his vio- erwise this whole process is a charade. tary action. While we can hope and be- lence against the Iraqi people and their I am confident a majority in this body lieve that if war commences it will go neighbors, and the constant attacks understand this fundamental concept, well and that our people will be viewed against our aircraft, even firing on or else, the strong vote that is coming as liberators and that many Iraqi them with missiles this last week. We would not occur. forces will not fight but defect to our know he only allowed inspectors into Some say, we are acting unilaterally, side. We cannot know that. While I am Iraq in 1991 to save his regime. He did ‘‘upsetting’’ the little nations. But, it certain we will prevail, I cannot know it out of fear. was not the United States that invaded for certain how tough this war will be. I agree with former President Clin- Iran resulting in a prolonged and bru- We must recognize there are dangers. ton’s National Security Advisor, Sandy tal war costing over one million lives. The American people understand there Berger, who said at an Armed Services It was not the United States that in- are risks and so do all of us. One thing hearing, that he thinks it is unlikely vaded Kuwait, precipitating an inter- is sure, our magnificent military will that Saddam will ever accept ‘‘unfet- national effort, overwhelmingly led by work tirelessly to prevail in this con- tered’’ inspections. A strong resolution America, to roll back Saddam’s conflict with the lowest possible number of is essential so that Saddam Hussein quest. It was not the United States personnel killed or injured. But, we knows there will not be another Con- that has systematically violated 16 know the risks are great and losses gressional session to meet and discuss U.N. resolutions—resolutions Saddam could be great. While our forces will these same issues again. He must know Hussein agreed to in order to save his work to minimize civilian casualties without the slightest doubt, that the regime. and to solicit Iraqi military units to man he is dealing with, President The unilateralist is Saddam Hussein. defect, such is not certain. There could George W. Bush, has full and complete The United States, on the other hand, be civilian losses. authority, as commander-in-chief, to has worked assiduously with our allies, As to the risk of an attack on Israel, use our armed forces to protect our se- Arab nations, other nations and the cited by many, we should ask what curity and to remove him from power, United Nations to develop a policy that Israel has to say about it. They are if need be, if he does not comply and will end the menace presented by Sad- clear. It is a decision that is left to the disarm. dam Hussein. United States. If you must act, do so. Who knows, in that case maybe he Only the ‘‘blame America first Israel is prepared to take the risk. will relent. Nothing clears the mind so crowd’’ would make such an argument. Well, that’s the big picture as I see well as the absence of alternatives. Indeed, we have been patient many it. Our motive is good, our goals posi- Maybe he would choose to abdicate times over these eleven years. So pa- tive and realistic, and our leaders hon- and allow a new government to be tient, so docile, that it has encouraged est, careful, principled and have the formed. Maybe parts of his army would Saddam Hussein to miscalculation. courage to act on those beliefs. Some defect, or parts of his country would Amazingly, several Senators have ob- jaded politicos sneer and say that this revolt. Indeed, the ‘‘Washington jected to the resolution because they is just politics, but I know it is not. I Times’’, running an article from the believe we must have the full support know the vision that President Bush ‘‘London Daily Telegraph’’ reports yes- of the United Nations. This is sug- has to protect his people and improve terday that gested in several ways. the world. His courage has already Members of Saddam Hussein’s inner circle They argue, ‘‘Why now?’’ Why not let placed him at personal risk. These peo- are defecting to the opposition or making the United Nations vote first. Why not ple, after all, have tried to assassinate discreet offers for peace in the hope of being have the Congress ‘‘come in behind a U. one former President of the United spared retribution if the Bagdad dictator is N. resolution?’’ States. In addition, in acting on his be- toppled, according to Iraqi exiles. This argument is dangerous and liefs, he is laying it all on the line. He One defector came from the Iraqi se- counter-productive to our goals. Un- has told us repeatedly he would not curity services, which form the re- less, of course, one’s real goal is simply

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These countries may de- tougher cases than this, it is not nec- in this case, I urge them to remember mand concessions in exchange for their essary here. Schlessinger rightly says that we have been in an actual state of votes. They may just refuse. No reason that, military hostilities with Iraq almost is required. In an ongoing conflict, the issue of pre- since 1991. He shoots at our pilots and Secondly, this is our military. Fund- emption is close to meaningless. aircraft regularly. He has violated, in ed, built and staffed by Americans. The The truth is, we have been at war 16 ways, the conditions that he agreed American people did not sacrifice to with Iraq since 1991. In essence, Sad- to save his evil regime. create the greatest military in history dam Hussein sued for peace to save his Let’s not waiver, let’s not delay, let’s to allow China, Russia or even France regime. The world in effect said we will not go wobbly. Let us produce a strong to have a veto over its use. It is no end hostilities, but you must give up vote for this strong resolution. Then wonder that these nations would like, your weapons of mass destruction and the situation will become clear. We through the mechanism of the United agree to full inspections to prove that will say to Saddam Hussein, once and Nations, to seize control over our mili- you have. for all, you will disarm or, like the tary and to use it as they will. The Since then, we fly missions every day Taliban, you will fall. wonder is why we are even discussing it to enforce the northern and southern I yield the floor. seriously. Of course, we want to solicit no-fly zones. Iraq fires surface-to-air The PRESIDING OFFICER. The Sen- the United Nation’s support and aid. missiles at our planes almost daily and ator from Delaware. After all, Saddam Hussein is in viola- we bomb in response regularly. Iraq Mr. CARPER. Madam President, I tion of sixteen U.N. Resolutions. Why has shot down three of our predator, come before the Senate this evening to is the U.N. not anxious to act to bring unmanned aircraft, in recent months. join in this debate, to express my sup- him into compliance? Former Sec- We defend the Kurds. We keep forces in port for our Nation’s effort to address retary of Defense James Schlessinger Kuwait and in the region to deter an- the threat Saddam Hussein poses, and said recently in an Armed Services other attack by Iraq. The war has to lay out the concerns that I believe hearing that, never ended. In 1988, the Congress must be addressed if we are to succeed This is a test of whether the United Na- voted for the ‘‘Iraq Liberation Act’’. in disarming Iraq. The President has tions—in the face of perennial defiance by We declared it U.S. policy to effect a called upon Congress and the American Saddam Hussein of its resolutions, and in- regime change in Iraq and authorized people to support his administration in deed by his own promises—will, like the the President to carry out that policy. its effort to eliminate Saddam Hus- League of Nations a century ago, turn out to In fact, it gave five million dollars to sein’s hold on weapons of mass destruc- be an institution given only to talk. Iraqi resistance forces and called for tion. The Congress has responded by The President has frankly and coura- trying Iraqi leaders for war crimes. taking up this resolution authorizing geously framed the question to the Those who are reluctant to use force the use of force, if needed, to strip Iraq U.N. He has stated plainly that Sad- have focused on concerns about the of those weapons and the ability to de- dam Hussein is in violation of sixteen idea of using pre-emptive force to pro- liver them. A number of serious ques- U.N. Resolutions and is a danger to the tect our security. They have forgotten tions have been raised in this historic region and the world. He has made it the war has never ended, that our air- debate. It is critical that President clear that it is his duty to protect the craft pilots are being fired at daily. Bush and the Congress fulfill our obli- American people from this threat and It is undisputed that our actions are gation to all Americans, and to the that he intends to do so. But, he ex- taken as part of a U.N. program to pro- international community, by ensuring pressed support for the U.N. programs tect the world from Saddam Hussein’s that those questions are faithfully ad- and urged the U.N. to take action, to aggression. dressed. be a relevant player in this crisis. He Thus, we have every basis to use Saddam Hussein has shown himself urged the U.N. not to sit on the side- force to enforce the agreements Sad- to be an implacable foe of the United lines. He made it clear that no change dam Hussein made and to react to the States. It is essential that we confront was unacceptable. Since then he has hostile fire he brings to bear against the threat that he represents. The worked steadfastly to win the nec- us. question is not whether we confront it, essary support in the U.N. and the Se- My fear is that the President is being but how we confront it. We must make curity Council. He has humored, ma- forced to deal with the tendency to every effort to build a multilateral co- neuvered, pleaded and, I am sure move to the lowest common denomi- alition. If we do so, we raise the likeli- ‘‘promised’’ to gain support. Maybe the nator that always results from U.N. ne- hood of bringing a measure of stability U.N. will arouse itself and take action. gotiations, and will not be able to ob- to a turbulent part of the world. If we Nothing could do more for its credi- tain the clarity we need from any reso- do so, we can minimize the impact of bility. lution approved by the Security Coun- any conflict on the Iraqi people, on But there are limits. This Congress cil. So far, he has been courageous and Iraq’s neighbors and on American and must not crawfish or we will thereby effective. Let us stand with him so we allied forces. And if we do so, we will tell Russia or France that they have a can enhance the chances of a good reso- serve to strengthen, not undermine, veto over our actions. It will encourage lution, not undermine his efforts with the international laws and institutions their resistance. If Russia knows Con- a lack of support. that have served us well in the years gress has allowed them to decide the Regardless, it must continue to be since World War II. issue, their power is even greater—it is clear that no one nation or group of na- Leadership is a responsibility that absolute. tions will be allowed to block our duty cannot be taken lightly. Leadership in Now, if members of this body oppose to defend our people. Especially when deciding whether to resort to military bringing the Iraq matter to a head and we are dealing with a regime that vio- force requires the greatest deliberation oppose any use of military force then lates U.N. resolutions and continually and consideration. Secretary of De- let them come out and say so. It is directs hostile fire at U.S. forces. fense Donald Rumsfeld, in recent testi- wrong, however, and harmful to Amer- This is an important time for Amer- mony before the House Armed Services ica to take an indirect approach that ica. We have a duty to protect our na- Committee, said that ‘‘no one with any gives the appearance of support but tion and our deployed forces from at- sense considers war a first choice—it is which would undermine the execution tack. We have the ability to do so. Our the last thing that any rational person of our policy. superb military personnel stand ready wants to do. And it is important that Yes, it would be very desirable to to put themselves at risk to promote the issues surrounding this decision be have U.N. support to deal with the Iraq our just national interests. discussed and debated.’’

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10311 It is clear to me that millions of to Iraq’s disarmament. But it’s impera- But like a handful of my colleagues Americans are discussing and debating tive that such inspections be here in the Senate, I have known a dif- the issues (that are before us this unhindered. Inspectors must have the ferent side to war, having seen if first- evening. I have heard from Dela- freedom to go where they want, when hand. During my 23 years in the Navy, wareans throughout my state. I have they want. They must have the right to including service in Southeast Asia, we heard from veterans who know the talk to whomever they wish and to pro- witnessed soldiers, sailors, and airmen harsh realities of war. I have heard vide immediate amnesty to any Iraqis leaving for missions from which they children who can scarcely imagine it. I who provide information that might would never return. I’ve met countless am comforted by the fact that the place them at risk of reprisal from the veterans who left part of themselves on American people, and their representa- regime. Inspections are only valuable if the battlefield. Some of those heroes tive in Congress, have been thoughtful they are truly a means of stripping serve in this very body today. and deliberate in discussing the chal- Saddam Hussein of his weapons of mass War can—and often does—enact a lenges that we face and how we might destruction and his ability to deliver terrible price. It should be entered into confront those challenges. them. If Saddam Hussein’s regime is as a last resort. So, the decision we This is not the first time that I have unwilling to accept this level of intru- face this week, which may lead to war, faced the question of how we ought to sion, both he and Iraq must be prepared is not one that I take lightly. Nor do deal with Saddam Hussein’s intran- to accept the consequences, including any of us. sigence in the facet of international the likelihood of a war they will lose. For the past 11 years, people in this law. As a Member of the House of Rep- Looking back, one of the principal country and elsewhere have second- resentatives, I voted in 1991, along with reasons we were so successful in the guessed the decision of former Presi- many members of this body, to author- gulf war was because former President dent Bush to stop short of entering ize President George Herbert Walker Bush and his administration did the Baghdad in 1991. I have never criticized hard work necessary to build a broad, Bush to use military force to expel the that decision. That flat, open sands on strong international coalition before armed forces of Iraq from Kuwait. I am which our soldiers fought and won is a unleashing our military might. Our proud of that vote, and I am prouder far different—and less dangerous—ter- current President and his aides simi- rain than the streets of major Iraqi cit- still of the American and allied forces larly did the hard work necessary to ies. There, our enemy’s tactical advan- that went on to liberate Kuwait. build such a coalition after the attacks Having engaged in that debate, and tage likely would have enacted a far on our country last fall. This up-front witnessed Saddam Hussein’s refusal to heavier toll on American lives. investment has paid off in the arrests If the course of events in this decade yield except when confronted with the of Al Qaeda operatives throughout the ultimately leads to another conflict threat of force, I have no illusions globe, as well as in the elimination of with Iraq, and I hope it does not, the about the danger he poses to regional the regime that was harboring them in risks associated with urban warfare stability and international security Afghanstan—though the war on terror may well become a reality this time. today. I am concerned that Iraq re- is far from over. These are prime exam- Before they do, it is critical that we mains in violation of more than a ples of America’s global leadership in prepare ourselves, and the American dozen Security Council resolutions. I action at its very best. They are exam- people, for the losses we may endure in am alarmed that the regime of Saddam ples that we should emulate now. a military campaign of that nature. Hussein continues to develop weapons If we fail to uphold our international We must also face head-on the fact of mass destruction in violation of the leadership responsibilities, and act that, if war should occur, liberating international agreements it promised without regard to the views and inter- Baghdad from Hussein’s power will not to comply with at the end of the gulf ests of our allies, we invite our isola- solve every problem in the region. It war. Above all, I feel strongly that we tion in the world. We undermine our will, however, force us to find answers must not allow Saddam Hussein to de- position as a preeminent force in glob- to a difficult set of new questions. velop the capacity to acquire or deploy al policy and order. We make more dif- Among them, how will we operate in nuclear weapons. ficult the task of securing the assist- Iraq after a military victory? A num- This past Monday night, President ance of the international community ber of competing factions will vie for Bush addressed our Nation. He re- in helping Iraq to return as a respon- control if Saddam Hussein is removed minded us that there are significant sible member of the community of na- from power. Who will we support? How risks to the United States both in act- tions. We invite additional terrorist at- will we convince them to work to- ing and in not acting. If we choose not tacks on Americans at home and gether? We will need a coherent policy to act, we must remember that, in Sad- abroad, as well as put the fragile gov- to help Iraq make the transition to po- dam Hussein, we are talking about a ernments of many Muslim nations fur- litical and economic stability. We will man who has invaded his neighbors, ther at risk. Moreover, if we are per- also need a great deal of patience and showing a reckless disregard for the ceived to act without the sanction of fortitude. Otherwise, we risk creating a stability of a volatile region. We are international law or authorization of less stable and more explosive Iraq talking about a man who has risked his the United Nations, we further fuel than we face today and, worse yet, an own survival, and that of his regime, to anti-American resentment in the Arab even more volatile region. indulge his own vengeance. Finally, we world, thereby increasing the threat to We have learned from our missions in are talking about a man who has used Israel. On the other hand, if we make Bosnia, Kosovo, and Afghanistan that weapons of mass destruction before, an effort to work in concert with our bringing meaningful change to unsta- even against his own people. allies, we have the opportunity to ble nations requires enormous time, re- The need for action, however, does strengthen the international institu- sources, and effort. We have been rel- not preempt the need for an objective tions that will be critical in addressing atively successful in restoring stability and open debate on the course of action future threats. in Bosnia and Kosovo, but it has not we choose and the consequences of our At a time when 24-hour news net- been without a painstaking commit- subsequent actions. Bringing the works have made the images of war in- ment over many years. Indeed, the U.S. weight of the world’s disapproval to stantly accessible, our nation’s recent and our NATO allies continue to main- bear on Iraq; demanding unfettered in- military successes have made the awful tain a significant troop presence in spections of every potential weapons realities of war appear ever more re- both of those nations. site; and preparing for any military or mote: images of laser-guided bombs Afghanistan, on the other hand, has diplomatic contingency offers us the falling on indistinguishable targets; demonstrated how minimal troop com- best chance to face down our foe now missiles lighting up the night sky. For mitments can impair efforts to restore and to ensure his permanent disar- an entire generation of Americans, our peace in a war-ravaged nation. Hamid mament. military efforts have come to be seen Karzai and his coalition government Like many in this chamber, I believe almost as a casualty-free video game, continue to express Afghanistan’s on- that it is essential for us to work close- where no one gets hurt and few fami- going need for adequate support and rely with the international community lies face the knowledge that their son sources from the U.S. and other na- to reinstate inspections that will lead or daughter will not be coming home. tions if the Afghan people are to realize

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10312 CONGRESSIONAL RECORD — SENATE October 10, 2002 the peace and democracy of which they keep the peace.’’ I agree with him. The The threat posed by Saddam Hus- dream. President told the American people sein’s regime is growing with each In a post-war Iraq, the need for ongo- that our primary goal in this endeavor passing day. He has, at this moment, ing U.S. and allied intervention is like- is to strip Saddam Hussein of his abil- chemical and biological weapons he ly to be far greater and far more cost- ity to manufacture and deploy weapons could use against us or share with ter- ly. Experts in military operations of mass destruction. Again, I agree rorist networks that threaten us. He is maintain that creating a more stable with him. We also heard the President pursuing nuclear weapons. He has used Iraq will require the continued pres- state that he hopes the policy he has chemical weapons against his own peo- ence of between 50,000 to 100,000 troops. laid out will not require military ac- ple, and against foreign forces. He has Not for a few weeks or months, but for tion, although he acknowledged that it invaded two of his neighbors and fired several years. might. I hope it will not. We all share ballistic missiles at four of his neigh- There is another question that I be- that hope in the Senate as members of bors. He supports terrorist networks, lieve must be addressed as we move for- this body prepare to cast our votes and and has harbored senior al-Qaida ter- ward: How will we bear the financial to authorize the use of force if certain rorists in Baghdad since September 11. burdens of such a mission? It is impos- conditions are met. He has a long-standing hostility to- sible to place a price tag on the lives In closing, let me say for much of our ward the United States, because we that might be saved by disarming Sad- Nation’s history, the United States has have denied him his ambition to oc- dam Hussein. At the same time, it been an instrument for peace and jus- cupy the territory of his neighbors and would be fiscally irresponsible to take tice and a better life for the people of dominate the Persian Gulf region. He on such an operation without at least many nations throughout the world. has openly praised the September 11th considering the impact of a potential That is our heritage. It is one of which attacks, and his state-run press has war on our already fragile economy. we can be proud. There have been times in our history called them ‘‘God’s punishment.’’ He Over the past 2 years, we have watched has warned that Americans should un- the stock market plummet, making its when we have had to go it alone. But history has shown that we have been derstand that ‘‘every Iraqi [can] be- sharpest decline in 70 years. The budg- come a missile.’’ et surplus that we worked so hard to most successful when we provided the achieve in the 1990’s is gone. All the leadership that compelled other na- Each of us needs to carefully weigh while, current estimates project the tions to join us in a just cause—two the risks posed by his regime the risk likely cost of U.S. military action in World Wars, the Cold War, the Persian of acting and the risk of doing nothing Iraq to be in the range of $100 billion. Gulf War, Bosnia, Kosovo, Afghanistan, in the face of this threat. And Mr. These estimates do not include the and the war on terrorism. Stripping President, I submit that the risk of in- prospect of long-term peacekeeping op- Saddam Hussein, once and for all, of action far outweigh the risk of war in erations in the event of a regime the weapons that would enable him to Iraq. Here is why: change. The presence of tens of thou- create havoc and great loss of life is a For most of our history, America has sands of U.S. troops for months— just cause. Other nations know that, been able to rely on our geography to maybe years—once the fighting has too. protect us. Two oceans, and friendly If we make the case to them force- ended will cost billions more. This is a neighbors, provided a buffer against en- fully, skillfully, and persistently in the cost we should not bear alone. emies who might want to attack us. weeks ahead, they will join us. I am I believe the principles and questions After September 11th, we now know certain of it. The burden before us—dis- I have laid out today were best em- our invulnerability has passed away. arming Iraq—is one we should not bear bodied in, and addressed by, the bipar- We are not only vulnerable to terror- alone. If the President uses the powers tisan resolution drafted earlier this ists who use airplanes as missiles we inherent in this resolution authorizing month by Senate RICHARD LUGAR and are vulnerable to terrorist networks the use of force with great skill and di- my fellow Senator from Delaware, JOE and terrorist states that want to use plomacy, we will not have to bear this BIDEN—two Senators of intellect and weapons of mass destruction against burden, and face this challenge, alone. skill in the area of international diplo- us. An armada of nations, again, will join macy. The Biden-Lugar draft resolu- As Secretary Rumsfeld has pointed tion focused on the most critical task us, and together we will make this world, at least for a little while, a safer out, when the threats came from con- at hand—disarming Saddam Hussein. ventional weapons, our country could Senators BIDEN and LUGAR carefully and saner place in which to live. I yield back my time. afford to wait for an attack to happen, crafted this resolution to give Presi- The PRESIDING OFFICER. The Sen- absorb the first blow, regroup, and then dent Bush the flexibility he needs to ator from Nevada is recognized for 20 respond militarily. In the age of weap- garner international support now for a minutes. ons of mass destruction, however, we tough, new U.N. Security Council reso- Mr. ENSIGN. Madam President, as can no longer afford to wait. lution. Their draft resolution also pro- our nation appears to draw closer to In this new security environment, we vided the President with the authority war, I rise with full consciousness of must become more proactive in our ef- to unleash U.S. military force against the burden that each of us has to help forts to prevent attacks that have the Iraq should he determine that Iraq’s guide our nation during this time of potential to be far worse than that of continued intransigence makes such peril. It is indeed a heavy burden to September 11. We must make sure action necessary. I’m disappointed that bear, but nothing compared to the bur- when possible that those who have the we will not have the opportunity to den of those who serve in our military. desire to attack us are prevented from vote on that alternative this week. The vote to authorize the use of force having the means with which to carry Having said that though, I do believe in Iraq is one of the most difficult and out those attacks. We have a right and that the Biden-Lugar proposal contrib- important votes any of us will ever an obligation to take anticipatory ac- uted appreciatively to the change in di- cast. We need to approach this issue as tion in our own self-defense. rection that this debate has taken in if we are sending our very own children recent weeks, particularly in its em- to war because, in effect, we are voting This certainly would not be the first phasis on acting together with our al- to send our nation’s children to war. time that our nation engaged in pre- lies. That change in tone was clearly Secretary of Defense Donald Rums- ventative military action in defense of evident in the address of President feld recently told Congress that ‘‘a de- our homeland. During the Cuban Mis- Bush to the American people this past cision to use military force is never sile Crisis, President Kennedy ordered Monday night. What he said encour- easy. No one with any sense considers a military blockade of Cuba in 1962, an aged me and served to reassure much of war a first choice.’’ The risks of war act of war under international law. our nation. are real but the risks of inaction may This was done even though the Soviets The President spoke of the impor- be even greater. As Ronald Reagan put were not engaged in an armed attack, tance of working with the United Na- it in his first inaugural address, ‘‘I do nor were the missiles an imminent tions to craft a tough inspection regi- not believe in a fate that will fall on us threat. men in Iraq. I agree with him. The no matter what we do. I do believe in a Today, Saddam Hussein poses a simi- President said that the U.N. must be fate that will fall on us if we do noth- lar threat. And we should give this ‘‘an effective organization that helps ing.’’ President the authority he needs to

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According to the CIA, Iraq ‘‘has As we debate how to deal with the world to the existence of evil in our broad capability to attack’’ the U.S. Iraqi threat, we must never forget that midst—and challenged the world to ‘‘with chemical or biological weapons in Saddam Hussein we are dealing not confront that evil before it confronts and could build a nuclear bomb within just with a homicidal dictator; we are us, at the cost of millions of lives. a year if it obtains fissile material confronting Evil that is akin to Stalin It is a natural reaction to flee in the from abroad.’’ Iraq ‘‘probably’’ has and Hitler. face of evil. It is little wonder that ‘‘stockpiled more than 100 tons of mus- Just ask former Iraqi general, Najib much of the world has been reluctant tard gas and other chemical weapons. Salhi. He defected from Iraq and was to stand its ground and face down Sad- Iraq has developed ‘large scale’ capa- living in Amman, Jordan when one day dam Hussein, which is why the Presi- bility to produce anthrax and other he came home to find a package from dent’s leadership has been critical, and bioweapons in mobile facilities that Saddam Hussein’s intelligence service. why it is so important for the United are easy to hide and hard to destroy.’’ He opened it to find a video tape. States Congress to show similar re- The longer we wait, the stronger he When he put it into the VCR, he saw solve, and demonstrate our unity with becomes, and the harder he will be to what he thought was a pornographic the President. defeat. Saddam Hussein’s regime hosts film—till he realized, to his horror, In showing steadfastness and steely terrorist networks and has directly or- that he was watching the rape of one of determination, the President made dered acts of terror on foreign soil. He his closest female relatives. The mes- clear to the Iraqi regime, and the has used weapons of mass murder be- sage was clear. They wanted to black- world, that we were not going to repeat fore, and would not hesitate to use mail him into silence. the tired old pattern of meeting Iraq’s them again. That is the face of Evil. threats with inaction. And that leader- Moreover, Saddam Hussein’s ongoing Or consider the fact that Saddam ship has had an impact. One by one we defiance of U.N. Security Council reso- Hussein’s regime has admitted to hav- have seen nations join the U.S. in rec- lutions has made clear that he has no ing weaponized aflotoxin—the only ognition that Saddam must go. Some intention of disarming or discontinuing country in the world known to have have said so publicly, others privately. his weapons of mass destruction pro- done so. As former CIA Director Jim Let there be no doubt: if we go to war, grams. Woolsey has stated, ‘‘The only use of we will not be going it alone. Remember, our goal is not to get aflatoxin is that it creates cancer, Thanks to our President, the world weapons inspectors back into Iraq. Our long-term cancer, especially in chil- understands that there is a price to be goal is disarmament. And Saddam Hus- dren.’’ paid for defying the United States sein has shown that he is not willing to Aflatoxin has no military value. It when our survival is at stake. And I be- disarm. To the contrary, he has proven has no battlefield use. It takes tens of lieve that a strong show of support by willing to pay an enormously high years to kill its victim. It is a weapons Congress will strengthen the Presi- price to maintain his weapons of mass whose only purpose is to kill innocent dent’s hand at the United Nations. destruction aspirations. Under U.N. people for murder’s sake. Richard While we greatly value the support of sanctions, he has given up about $180 Spertzel, the former chief biological our allies in the war on terror, we must billion in oil revenue to keep his weap- weapons inspector for UNSCOM, de- never give other nations the authority ons of mass destruction. As Richard clared that aflatoxin is ‘‘a devilish to stop us from defending our freedom Butler, a former U.N. chief weapons in- weapon. From a moral standpoint, or from acting in our own self-defense. spector has said, ‘‘The fundamental aflatoxin is the cruelest weapon—it We must do what we feel is right in problem with Iraq remains the nature means watching children die slowly of protecting America, whether or not we of the regime, itself. Saddam Hussein is liver cancer.’’ have the approval of France, Russia, a homicidal dictator who is addicted to That is the face of Evil. China or any of the other nations weapons of mass destruction.’’ Look at the attacks Saddam Hussein which currently sit on the U.N. Secu- Congress recognized that fact in 1998 has ordered on his own people—on rity Council. when it passed The Iraq Liberation Act thousands of innocent men, women, None of us takes the prospect of war stating that, ‘‘It should be the policy of and children—in Halabja, using a lightly. War is difficult and dangerous, the United States to support efforts to chemical weapons cocktail. Those at- and lives will be lost. I understand the remove the regime headed by Saddam tacks are causing cancer and genetic concerns many Americans have about Hussein from power in Iraq and to pro- mutations that will be felt in this gen- war in Iraq, and I fully appreciate the mote the emergence of a democratic eration and the next. sacrifice American families make when government to replace that regime.’’ That is the face of Evil. they lose a loved-one in the fight to We knew then what we know now—that Saddam Hussein is a man who has keep America and the rest of the world regime change and disarmament are personally shot and killed members of free from tyranny and oppression. inextricably linked. his own cabinet; who has ordered his This country lives, freedom lives, be- Just like there are career criminals opponents to be burned alive in vats of cause brave men and women were will- there are career criminal regimes. Le- acid; who forces those suspected of dis- ing to die for it—willing to risk their niency only incites them to more vio- loyalty to watch the gang rape of their lives, and give their lives, for a cause lence. They are driven; they are com- mothers, daughters, wives, and sisters; greater than themselves. As scripture pulsive. And unless they are constantly who not only tortures dissidents, but teaches ‘‘there is no greater love than thwarted they will continue to prey on tortures their children in front of this: that a man lay down his life for the weak and defenseless. them. his friends.’’ We are all concerned for We cannot stake the lives of tens of He is the living incarnation of an the well being of our troops, and we thousands of innocent American citi- Evil that cannot be appeased and can- thank them for their willingness to zens on the hope that Saddam Hussein not be deterred, and must be con- keep America safe from the evil that will never use his weapons of mass de- fronted and defeated. has been made so apparent in the last struction against us. He has already He has murdered hundreds of thou- year. proven that he cannot be trusted, and sands of innocent people—and is pur- While I value diplomacy and rhet- that he poses a great threat to the suing weapons that will allow him to oric, there comes a time when force is peace and stability of the world. This is extend his deadly reach across oceans inevitable—when our choice is not be- a critical moment for the United and continents—that will give him the tween war and peace, but between war States. If Saddam Hussein is appeased capability to kill our people—our chil- today, when our enemy is weaker, or with more talk of weakened, com- dren, our families. war tomorrow, when our enemy is promised weapons inspections, which The President has rightly called Sad- stronger. That is the choice we face he has repeatedly defied, we risk leav- dam Hussein ‘‘a student of Stalin.’’ today.

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Since hostilities ended tionary War, ‘‘a time to preach and a dition to al-Qaida—that would gladly in 1991, Iraq has repeatedly violated the time to pray. But those times have join Saddam Hussein in his retaliatory ceasefire conditions which were set out passed away. There is a time to fight, strike. at the close of the Gulf War. Just ask and that time has now come.’’ Those five organizations have al- our brave pilots who are being shot al- We have listened and we have prayed. ready killed hundreds of Americans. most every day as they patrol the no- Now we must fight. Those five organizations have ties to fly zones over Iraq. For the best honor we can bestow on countries that could provide them with After President Bush’s speech to the those who have died for our nation, and weapons of mass destruction. Those U.N., Saddam Hussein sent a letter to those who will die for our nation, is five organizations have the capability the U.N. promising to ‘‘allow the re- victory. Victory over terrorism. And if to strike within our homeland. They turn of United Nations weapons inspec- the President believes it is necessary have recruited, trained, and placed tors to Iraq without conditions.’’ He to secure our freedom, victory over the operatives in our hometowns. went on to say that Iraq ‘‘based its de- regime of Saddam Hussein. I argued that the President should cision concerning the return of inspec- Madam President, I yield back the have the option to set priorities and tors on its desire to complete the im- remainder of my time. choose our targets, and to be able to plementation of the relevant Security The PRESIDING OFFICER. The Sen- preempt terrorists before they can Council resolutions and to remove any ator from Nevada. order strikes against us in our home- doubts that Iraq still possesses weap- Mr. REID. Madam President, I ask land. Unfortunately, that amendment ons of mass destruction.’’ unanimous consent that Senator GRA- was rejected. Hours after that letter arrived at the HAM’s and Senator CANTWELL’s time be Some said I was incorrect in my con- U.N., Iraq was shooting at U.S. aircraft changed. Senator GRAHAM will go be- tention that the President, as Com- implementing those same relevant U.N. fore Senator CANTWELL. mander in Chief, lacks the power to ex- Security Council resolutions. Since The PRESIDING OFFICER. Is there pand the war on terrorism beyond al- 1992, the Iraqis have used anti-aircraft objection? Qaida. I disagree. But I will not repeat artillery, or Triple-A, against our air- Without objection, it is so ordered. the legal arguments that I made yes- craft in the northern and southern no- The Senator from Florida is recog- terday. fly zones. In fact, over the last three nized for 30 minutes. But even accepting the fact that oth- years Iraqi Triple-A has fired at coali- Mr. GRAHAM. Thank you, Madam ers may disagree, how is it in the inter- tion aircraft over 1,000 times. This year President. est of our Nation’s security to leave to date they have fired on us over 400 Madam President, I rise this evening the question in doubt as to whether the times—and since that September 16 let- to speak to my colleagues, more impor- President has the authority to attack ter where Saddam pledged his support tantly to speak to the people of the these international terrorist organiza- for U.N. resolutions they have fired on United States and, especially, my fel- tions that represent such a lethal coalition aircraft more than 70 times. low Floridians. threat to the people of the United It appears that Iraq has actually In my service in the Senate I have States? stepped up its firing on U.S. and Brit- not shied away from authorizing the There have been some past adminis- ish planes since he agreed to cooperate use of force when I believed it was in trations which have allowed leaders of with the U.N. Actions speak louder our Nation’s interests. rogue states to be uncertain as to how than words. And for 11 years Saddam I voted to use force in the Persian America would respond if they used Hussein’s actions have shown that he is Gulf in 1991. I voted to use force in Bos- weapons of mass destruction. This ad- bent upon pursuing weapons of mass nia in 1992. I voted to use force in ministration should not repeat that destruction at all costs. Kosovo in 1999. fundamental error. After all, three days after Saddam I have given the President of the If we want to deter the world’s ter- Hussein’s September 16th letter pledg- United States a presumption of cor- rorists and madmen, shouldn’t we tell ing the unconditional return of weap- rectness in his assessment of our na- them, in the most explicit terms, what ons inspectors, Iraq’s foreign minister tional security interest. they will face by U.S. retaliation to stated U.N. resolutions were ‘‘unjust But, Madam President, tonight I am their action? and at odds with the U.N. charter and going to vote no on this resolution. I also want to restate my conviction international law.’’ He further de- The reason is this resolution is too that this resolution forces the Presi- clared, ‘‘Iraq demands that its inalien- timid. It is too limiting. It is too weak. dent to focus our military and intel- able rights are met, including respect This resolution fails to recognize the ligence resources on the wrong target. for its sovereignty, security and the new reality of the era of terrorism. And A historical example, which has been lifting of the blockade imposed on it.’’ that reality is that war abroad will, used repeatedly in this debate, is the Then Baghdad stated that the 1998 without assertive security actions, in- example of the 1930s: that England, Memorandum of Understanding which crease the prospects of terrorist at- France, and other nations, which would exempted certain presidential palaces tacks here at home. eventually join in the world’s greatest must stand. I am sure we will hear In fact, war on Iraq alone leaves alliance, slept while Hitler’s power from time to time that Baghdad is once Americans more vulnerable to the No. grew. again stating that unconditional in- 1 threat facing us today, those inter- They say the equivalent of passing spections could take place. The words national terrorist organizations that this resolution is to have declared war change, but the actions stay the same. have the capability to inflict upon us a on Hitler. I disagree with that assess- They keep right on firing at our pilots. repeat of the tragedy of September 11. ment of what this lesson of history Madam President, on September 11, The resolution I had hoped we would means. In my judgment, passing this 3,000 innocent citizens were killed. If pass would contain what the President resolution tonight will be the equiva- their deaths are to have any meaning, has asked for relative to the use of lent of declaring war on Italy. That is our nation must not forget the lesson force against Saddam Hussein’s regime not what we should be doing. We they gave their lives for us to learn. in Iraq, and more. should not be declaring war just on The era of our invulnerability is over. It also should provide the President Mussolini’s Italy. We should also be de- Evil exists—it is real, it is out there, all necessary authorities to use force claring war on Hitler’s Germany. and it seeks our destruction. If we ig- against the international terrorist There are good reasons to consider nore it, it will not go away. It will con- groups that will probably strike the attacking today’s Italy, by which I

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Just hours ago, police materials have been largely successful, regret on this day, October 10, 2002, we confirmed the man who was shot last as evidenced by the recent intercept of stood by, and we allowed those ter- night while pumping gas into his car at centrifuge tubes, and that he is years rorist organizations to continue grow- a service station is the eighth victim, away from having nuclear capability. ing in the shadows. It may be days, six of whom are dead. And in today’s So why does it make sense to attack weeks, months, or years before they Washington Post, a front page article this era’s Italy and not Germany, espe- strike Americans again, but they will, has the headline ‘‘Probe Less Cohesive cially when by attacking Italy, we are and we will have allowed them to grow Than Advertised.’’ making Germany a more probable ad- that capability. It states: versary? If we are going to pass this resolu- Behind the scenes at the command central, The CIA has warned us that inter- tion—and I expect we will—there are however, interviews with leading investiga- national terrorist organizations will several things we should say about the tors suggest that while some aspects of the probably use United States action need to protect the American people. massive effort are working well, others are against Iraq as a justification for strik- Within the region of the Middle East fraught with the same turf battles, politics, and central Asia, we have a constella- leaks and confusion that historically have ing us here in the homeland. You characterized manhunts of this size. might ask: What does the word ‘‘prob- tion of challenges, threats, and com- ably’’ mean in intelligence speak. mitments of the United States. We Are these acts that we are trying to ‘‘Probably’’ means there is a 75 percent need to use this period of time to begin unravel those of a madman, a mad sci- or greater chance of the event occur- to reduce the threat environment in entist, a terrorist? The honest answer ring. And the event is that inter- that area by active, sustained U.S. di- is that we do not know. In these fright- national terrorist organizations will plomacy on two half-century-old dis- ening times, it is irresponsible to add use United States action against Iraq putes: The dispute between Israel and to the anxiety of the American people as a justification for striking us here in Palestine, and the dispute over Kash- by going to war with Iraq—without the homeland. mir, the festering sore between two nu- taking the additional steps required to Let me read a declassified portion of clear powers, India and Pakistan. curtail the possibility of more horrors a CIA report recently presented to the Second, the President a year ago being inflicted upon us here in our Senate Select Committee on Intel- should have ordered all of the law en- homeland. This resolution fails to take ligence: forcement agencies under his control those steps. to design a comprehensive means of de- Different people have different opin- Baghdad for now appears to be drawing a ions of what our national security pri- line short of conducting terrorist attacks termining the number, location, and with conventional or [chemical and biologi- capability of terrorists who are living orities should be. Clearly, some—in- cal weapons] against the United States. among us. But tonight, no one in our cluding the President—believe the first Should Saddam conclude that a U.S.-led government can fully tell us which, priority should be regime change in attack could no longer be deterred, he prob- when, where, and how terrorist organi- Baghdad. Others believe our first pri- ably would become much less constrained in zations might hurt us. This I consider ority should be to disarm Iraq by re- adopting terrorist actions. moving its weapons of mass destruc- Such terrorism might involve conventional to be a stunning admission and an unnecessary vulnerability. tion. As important as they may be, I means . . . or [chemical and biological weap- have a different view. ons]. At this late hour, such action should Saddam might decide that the extreme be of the most urgent priority. This The United States has many chal- step of assisting Islamic terrorists in con- should be done, of course, within the lenges, threats, and commitments to ducting a [weapon of mass destruction] at- confines of the protections afforded to respond to, particularly in the region tack against the United States would be his all American persons by the Constitu- of the Middle East and central Asia. last chance to exact vengeance by taking a tion of the United States. These include the Israel-Palestine con- large number of victims with him. Third, we should be moving to detain flict, the India-Pakistan standoff, and In other words, the odds of another all those who can be legally detained the threats posed by weapons of mass strike against the people of the United who represent a threat to the United destruction. Even if we say the No. 1 States by al-Qaida or one of the inter- States. issue in the region should be con- national terrorist groups goes up when Fourth, the President should direct taining weapons of mass destruction— we attack Baghdad. the military forces of our country to especially nuclear weapons—I frankly The President should be in the most prepare to execute a full-fledged war on do not believe Iraq should be our first advantageous position to protect terrorism. We must complete our mis- concern. We do not know the full capa- Americans, to launch preemptive sion in Afghanistan and then move to bilities of the State of Israel, although strikes and hack off the heads of these the next targets of al-Qaida cells. we believe it has the full capacity to snakes. With the resolution before us, Finally, I would advise the President defend itself against attacks, or the we are denying the President that op- to request of the Congress the authori- threat of an attack. We are aware of portunity, and we are sending con- ties he needs to execute the war on ter- the significant capacity possessed by fusing signals to our people and our al- ror and to protect Americans. Specifi- India, Pakistan, and Iran. I can say lies as to the sincerity of our commit- cally, this should include the authority without fear of contradiction that all ment to the war on terrorism. to use force against those international of these possess substantially greater The American people and our allies terrorist organizations with the great- capabilities and means of delivering gave President Bush their whole- est capability to kill Americans here nuclear or other weapons of mass de- hearted support in the war on ter- at home, with the greatest history of struction than Iraq. rorism after September 11. They having used their evil intent against Of all the issues we care about, and cheered our efforts to remove Osama Americans, and with the largest num- those issues over which we have some bin Laden and the Taliban government ber of terrorist operatives located capability to determine the outcome, from Afghanistan. A year after we within the United States. in my judgment, the No. 1 priority commenced that war, action in Afghan- Our people need to know their gov- should be the war on terrorism and its istan has ground to a virtual halt. ernment is doing all it can to keep threat to the people of the United Osama bin Laden remains at large, and them safe. Tonight many Americans States in our homeland. Our top tar- we have not moved aggressively beyond are anxious and frightened, and they gets should be those groups that have Afghanistan to take on the cells of al- have cause to be. One year ago letters the greatest potential to repeat what Qaida operatives in other parts of the carrying anthrax killed five Ameri- happened on September 11, killing world. cans, including one in my home State, thousands of Americans. Passing this

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10316 CONGRESSIONAL RECORD — SENATE October 10, 2002 timid resolution, I fear, will only in- threats to us. These are threats to the The risks and consequences of acting crease the chances of Americans again international community, and the alone are so much greater than they being killed. That is not a burden of international community must share would be for multinational action. probability I am prepared to accept. the responsibility of addressing them. The risks to our troops are greater if Therefore, I will vote no. I support a robust multinational re- allied forces do not join the mission. I close with the words spoken in one sponse to the Iraqi threat. That’s why The challenge in post-conflict Iraq is of the darkest periods of the history of I supported the Levin resolution, urg- greater if other nations do not share the Western World. In 1941, Winston ing the United Nations Security Coun- the burden and the cost. Churchill said: cil to fulfill President Bush’s request The consequences for the war on ter- Never, never, never believe any war will be to demand Iraqi disarmament, verified rorism are greater if we lose the essen- smooth and easy, or that anyone who em- by unfettered inspections, and to au- tial cooperation of other nations in the barks on the strange voyage can measure the thorize the use of multinational force effort to pursue al-Qaida and other ter- tides and hurricanes he will encounter. if Iraq refuses to comply. rorist groups. The consequences on our The statesman who yields to war fever If the UN refuses to act, then Con- economy would be severe. must realize that once the signal is given, he is no longer the master of policy, but the gress would consider a request from the A mandate from the United Nations slave of unforeseeable and uncontrollable President to authorize acting alone would mean the international commu- events. against Iraq. nity against Saddam instead of the Mr. REID. Madam President, how Let me be very clear on one point. United States against Iraq, and other much time did the Senator from Flor- The United States always has the au- countries in the region would join our ida use? thority to take military action in self- coalition rather than obstructing or The PRESIDING OFFICER. The Sen- defense. That is our right under inter- opposing us. ator used 20 minutes. national law, included as Article 51 of I recognize that I will likely be in the Mr. REID. And he had 30 allocated to the United Nations Charter, and I sup- minority on this vote. The Senate and him. Therefore, I ask unanimous con- port that. House of Representatives will probably sent that Senator MIKULSKI be recog- President Bush says he has not yet grant the President the broad author- nized for 10 minutes. decided whether the use of military ity he now seeks. The PRESIDING OFFICER. Is there force is necessary, and I take him at I will vote differently than the ma- objection? his word. jority, but I want my constituents, par- Without objection, it is so ordered. The United States should first ex- ticularly our men and women in uni- The Senator from Maryland is recog- haust all diplomatic and other non- form, to know that I believe my vote nized. military means. represents the wisest, most prudent Ms. MIKULSKI. Madam President, The United States should give the course with them in mind. after careful consideration, I have de- United Nations the opportunity to ful- America’s soldiers, sailors, airmen, cided to oppose the Bush resolution on fill its responsibility to address the and marines will always have my full Iraq. This resolution would give Presi- Iraqi threat. and steadfast support. I stand account- dent Bush the unilateral authority he The United States should fully pur- able to the oath I took to defend the seeks to go to war against Iraq without sue whether the UN Security Council Constitution against all enemies, for- international support or international will authorize the use of multinational eign and domestic. I hold myself ac- resources. The resolution includes only force. countable to my constituents, and I am tepid language supporting diplomatic The Bush resolution, the White prepared to defend this vote because I efforts at the United Nations. House resolution, would authorize the think when history is written, it would The Senate is making a grave deci- President to send our Armed Forces to have been wiser not to give authority sion: Whether to give the President un- war against Iraq without any further to go it alone right now. limited authority to go to war and send consideration by Congress. I thank the Chair and yield the floor. American military men and women Under the Levin resolution, which I The PRESIDING OFFICER. The Sen- into harm’s way. cosponsored, Congress would remain in ator from New Hampshire is recognized I take this responsibility very seri- session, standing ready to promptly re- for 15 minutes. ously. I have listened to the President consider if the UN does not meet the Mr. SMITH of New Hampshire. I and his advisors. I have consulted with challenge. thank the Chair. experts and wise heads. I have partici- I have had to ask myself, ’Why Madam President, I can recall 11 pated in hearings and briefings as a should the Senate wait to see what the years ago—12 years ago actually—I member of the Senate, and particularly United Nations will do before deciding made my maiden speech on the floor of as a member of the Intelligence Com- on the unilateral use of force? the Senate. It was about Saddam Hus- mittee. I have listened intently to my The answer is this: sein and going to war with President own constituents. Voting now in support of unilateral Bush in office. Here we are 12 years The American people are deeply am- action would take the international later doing the same thing. bivalent. The American people want a community off the hook. I rise today to again support the safer world, a world in which distant Why would the other members of the President in his duty, I believe, to stop tyrants can’t threaten us and our bases United Nations Security Council make Iraq from bringing weapons of mass de- and our embassies and our treasured the tough decision to effectively au- struction throughout the world. When I allies. The American people are count- thorize war against a member state if addressed this topic in January of 1991, ing on us to assess the Iraqi threat and they know the U.S. will do it by our- I said then that there was a lot of talk to confront it with our allies. They and selves? about George Bush—President Bush I firmly believe that Saddam Hussein is I believe this resolution would actu- 41—leading us into war. What I said duplicitous, deceptive, and dangerous. ally weaken the negotiating position of then, and I will say now, is that was Iraq has grim and ghoulish weapons the President and the Secretary of wrong. It is Saddam Hussein who is to carry out his evil plans. As part of State at the United Nations. leading us into war. The same holds the Gulf War cease-fire agreement, Why would other nations send their true today as it did 12 years ago. Saddam Hussein committed to destroy- troops into harm’s way if America is Those voices against the Desert ing its chemical and biological and nu- ready to send our troops without them? Storm operation, some of whom are re- clear weapons programs and longer- Why would other nations join us to peating this same antiwar rhetoric range missiles. Instead, Saddam Hus- rebuild Iraq after a war if Uncle Sam is today, are simply wrong. The war- sein is trying to add nuclear weapons willing to bear the financial burden, as monger is Saddam Hussein. He is now to an arsenal that already includes well as the dangers? moving us toward another major mili- chemical and biological weapons and I’m concerned about the prospect of tary engagement with the stakes even ballistic missiles. America going it alone because I’ve higher than they were 12 years ago. These threats cannot be ignored and thought about the risks and con- Unfortunately, Desert Storm did not allowed to grow. But these are not only sequences. finish the job. There has been some

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10317 criticism about that. Given the data What Saddam Hussein is doing has to the day of the 1830s and 1840s, even and facts President Bush had at the be met. He is a threat to the people of come close to the impact of what could time and with the U.N. resolution, he the world. He is indeed a threat to the happen by allowing this man, this des- did what he had to do. world. I know. I have seen enough in- pot, to move forward in the world un- If we calculate the costs of air oper- telligence on this over the past several checked. ations, no-fly zones, and other activi- years to know—not only to believe it We cannot rely on the United Na- ties over these past 12 years, contain- but to know it. Weapons of mass de- tions, weapons inspectors, or Saddam’s ment has not worked. In this age of struction—nuclear, biological, and word that he is going to comply with weapons of mass destruction, relying chemical, whatever they may be—can inspections and disarm. I wish we on a policy of containment and deter- kill millions in insidious ways through- could. Neville Chamberlain thought rence is a risk we cannot and must not out the world. We simply cannot let that about Hitler, didn’t he? take. this stand. Saddam Hussein’s brutal dictatorship I pulled out a copy of the speech I I know, having been there, the enor- has reigned for 30 years. During these made in 1991. I do not know anyone in mous burden felt by young men and three decades, we have seen him attack this body who wants war. I do not women in uniform who will be there Iran in a war that took a million lives; know anyone in America who wants when and if this happens. They need we have seen him repress, through war. I certainly do not. The President our support. Have the debate, get the murder and terror, ethnic and political does not. Nobody wants war. Yet we debate behind us, and get behind our elements in Iraq; We have seen him use heard today on the floor that President men and women because they are going weapons of mass destruction on 250 oc- Bush is leading us into war, and that is to have to do the work, and they de- casions against the civilian population. wrong. serve our support, unlike Vietnam He had come close to producing a nu- Thomas Paine, who is often quoted, when the troops did not get that sup- clear device before the gulf war and is over 200 years ago said: These are the port. successfully continuing these efforts times that try men’s souls. This is the We need to find out where the links despite several years of failed weapons time that American service men and to al-Qaida are. They annihilate inno- inspections. He has breached inter- women are keenly aware of the enor- cent people by virtue of their religious national law. He has invaded Kuwait. mous burden which the world events faith or their national identity. That is He set oil wells on fire. He has threat- have placed upon us. I said that in 1991, what they are doing. They will do it ened the stability of the world. He and it is true today. with terrorist bombs on their backs. prompted the use of military force to Unfortunately, Saddam Hussein is They can do it with nuclear missiles or contain him, and Saddam Hussein has still with us. The stakes are high. We biological or chemical missiles as well. tried to assassinate a former President are in a virtual state of war now with If there are some in doubt, I urge of the United States of America. Saddam Hussein and with Iraq, but it He is a sponsor of Islamic terrorism them to go down to the Holocaust Mu- has not produced the necessary results. throughout the world, and his regime seum and take a look and see what the Saddam is again developing the poten- has harbored the likes and established cost of doing nothing is: 6 million inno- tial to threaten us with weapons of relations with Osama bin Laden’s al- cent lives annihilated because we stood mass destruction and with terrorist at- Qaida. What more evidence do we need by as a world and let it go too long, and tacks. to act? This threat has to be met. It just then we finally stopped it. We cannot This resolution also touches my simply has to be met head on. And the let this go too long. Six million lives heart in another way. This resolution only answer is the overthrow of lost the way Hitler took them is hor- makes very brief mention that Iraq has Saddam’s regime one way or the rible, and as despicable as it was, it is failed to account for an American serv- other—domestically if possible, mili- nothing compared to the number of iceman. It might be a small matter tarily if necessary. The stakes are sim- lives that can be taken in more evil compared to the big issue of war with ply too high not to do it. and despicable ways now. Iraq, but Captain Speicher, who was I served in Vietnam. Others have Some say we should not take preemp- shot down over Iraq, was the first pilot served in war. We all know the stakes. tive action. Preemptive action? There lost in the war. He was pronounced If we do not do this, people may die. If is already action taken against the dead by the Pentagon, but there is no we do this, people will die. Imagine the United States of America. Remember evidence that he is dead. The informa- tremendous burden that is placed now the 3,000 people dead. This is not pre- tion was incorrect. His status changed upon the President of the United emptive. We are reacting. in January 2001. I worked for 7 years to States. Our survival as a nation is at risk. change that status and President Clin- Democracies do not threaten democ- Earlier this year in the wake of the un- ton, to his credit, prior to leaving of- racies, and democracies do not start precedented and vicious attack in the fice, changed that status. I give him wars. We would all be much safer na- United States and world by al-Qaida, great credit for that because he very tions if everybody believed the way we President Bush came before the Amer- well may be a prisoner held by Saddam did, but that is not the way it is. ican people in his State of the Union Hussein today. In short, whether he is We have learned much in the wake of Address and unveiled his advocacy for a prisoner or not, Saddam Hussein the vicious attack upon our country on regime change in Iraq. knows what happened to him. We do September 11. Frankly, we were pretty That is a sound policy. And this is a not. This is simply unacceptable. much asleep. We were complacent. The terrible dilemma. How would you like By not seeking a regime change in terrorist attacks in Africa, the U.S.S. to be the President of the United Iraq, by not backing our policies with Cole, Khobar Towers, our barracks in States today, sitting in the White military force, by not dismantling Saudi Arabia—these losses were largely House contemplating what has to be Saddam’s regime and weapons of mass inflicted on our military and on our done? Criticized if you take action, destruction, I am concerned America State Department personnel, but we criticized if you don’t; risking death if will repeat its folly and give Saddam were still largely oblivious to the risks you do, risking death if you don’t. the breathing room to produce a nu- we faced right here on American soil. There is no time in American history clear device, proliferate it, threaten to We were not prepared for the devasta- where a decision has been more impor- use it, or use it. He will continue to tion of 9/11 and the lives of nearly 3,000 tant. There is no more important de- support terrorism which devastated innocent Americans lost. The total bate, ever, in my view, in American our Nation. costs are immeasurable. Some say as history where the stakes are higher I supported the resolution on Iraq much as a trillion dollars, but how than they are right now. during the administration of President about in the human loss? All the chil- I am standing right now at the desk Bush 41, and I will support the resolu- dren orphaned, young people, men and of Daniel Webster. He probably from tion of this President Bush to give him women who were embarking on ca- this desk made some of the greatest the power to authorize the use of mili- reers—what they might have contrib- speeches in the history of this body, tary force against Iraq. uted to America over the next several but none of them, whether they were I will close with a comment I made in years we will never know. about slavery or all the great issues of my closing remarks in 1991:

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Let us discard Saddam Shortly after the cease-fire agree- In reality, our efforts have failed to Hussein on the garbage heap of history along ment in 1991, Saddam Hussein started stop his continued build-up of weapons with the other despots like Khrushchev, Sta- to thwart the cease fire agreement. of mass destruction. lin, and Hitler. That is where he belongs, and For 7 years, inspectors were sent to The United Nations should never that is where we are going to put him sooner Iraq to verify his promise to disclose have allowed Saddam to negotiate the or later. and destroy his cache of chemical, bio- terms of inspections. Unfortunately, it is a little bit later logical and nuclear weapons, and for 7 When he crossed the line in the sand than we expected. We need not fear. We years Hussein obstructed the inspec- that separated Iraq from Kuwait, Hus- are the greatest Nation in the world, tors efforts. sein demonstrated to the world his ab- with the greatest people, and I believe Saddam Hussein did hide and inspec- solute disregard for international law; it is the right thing to confront this tors did find weapons of mass destruc- and his defiance of the will of the inter- monster and do it now. That is why I tion—literally tons of them—most of national community. will be supporting President Bush. which were unaccounted for in the He also displayed, on a world plat- I yield the floor. final reports’’ and in clear breach of form, his utter disdain for the prin- The PRESIDING OFFICER (Mr. the cease-fire agreement. ciples of human rights and a free soci- DURBIN). The Senator from Wash- Saddam Hussein even bugged the ety; and revealed to the world a fright- ington is recognized for 30 minutes. UNSCOM offices in Bahrain and New ening weapons capacity, including Ms. CANTWELL. Mr. President, I York, disguised weapons and hid them chemical and biological weapons and come to the floor today to discuss S.J. in various places. He leaked false intel- substantial progress towards devel- Res. 46, the Lieberman, Warner Bayh- ligence and blatantly lied over, and as oping a nuclear weapon—all of which McCain resolution, and the issue that Sandra Mackey outlines in her book, he intended to use to advance his re- everyone of my colleagues agree on— ‘‘The Reckoning, Iraq and the Legacy gional ambitions and threaten enemies. that Iraq is in serious violation of its of Saddam Hussein,’’ ‘‘Hussein’s tac- Saddam Hussein is a global menace U.S. and U.N. agreements prohibiting tical war of cheat and retreat with UN that we cannot simply wish away. its possession of weapons of mass de- arms inspectors gave him power to re- By doing nothing the world is not struction. main a world figure and gain a hold only failing to enforce the terms of a What my colleagues cannot agree on over his own people.’’ cease-fire that we fought for; but it is is how we should go about disarming What has been our response and the allowing a dangerous threat to grow Iraq. response of the United Nations? that deserves renewed immediacy. Let me add my views. We have tried economic sanctions to This immediacy was demonstrated 13 I believe that the best way to deal get Iraq to comply with the disar- months ago, when we witnessed the with the threat posed by Saddam Hus- mament agreement—and they have devastating steps that terrorists were sein is to build a multinational coali- failed miserably. willing to take and we know that this tion and engage the United Nations. It is the innocent Iraqi people that problem is not going away; and Sad- But we can’t ask the United Nations feel the effects of sanctions, including dam only increases the danger. to disarm Saddam Hussein if we are hunger and a lack of medical care. Some citizens say there are other not willing to disarm him ourselves. Saddam Hussein not only continues countries in the world producing weap- Today’s vote for S.J. Res. 46 is a to eat well—hoarding much of the aid ons of mass destruction and could be a statement of national resolve to dis- and food imported into Iraq through source of aid to terrorists. Why worry arm Saddam Hussein. By showing our the oil-for-food program—but he builds about Iraq? unity as a nation, we help the United palaces, and he devotes substantial I know of no other country that has States unite the world against his con- riches toward developing weapons of posed such a unique threat by: Vio- tinued effort to use weapons of mass mass destruction. lating of US/UN cease-fire agreement destruction. We have tried sending a strong signal to stop development of weapons of History has shown that we have been to the United Nations. mass destruction; Using weapons of very patient with Saddam Hussein. In 1994, I joined my colleagues in the mass destruction in war or against its First, let us remember that the House of Representatives in calling for own people; and Refusing to help the United States and 34 other nations the United Nations to take action on U.S. in the Afghanistan war on ter- were at war with Iraq in 1991. Iraq’s noncompliance. rorism and actually applauded the ef- After 3 months of war in which the The House resolution went even fur- forts of Al Quida of 9/11. U.S. coalition lost 556 lives and 502 ther and urged the President and the We are now considering a resolution wounded—including seven young men United Nations to establish a tribunal that I believe will take a positive step from my home State—not to mention to charge Saddam Hussein as a war towards effectively dealing with the the estimated 100,000 Iraqis killed—we criminal. threat of Saddam Hussein, his failure negotiated a cease-fire agreement with That vote showed a clear consensus to comply with the terms of the 1991 Iraq that ended our military campaign. eight years ago when members of the ceasefire agreement. This cease-fire was approved in re- House agreed that Saddam Hussein was The best way to do that is to bolster turn for Saddam Hussein’s promise neither a legitimate ruler nor an hon- the President’s and the U.S. efforts by that he would unconditionally accept est actor in the ceasefire and UN agree- sending a message to the U.N. Security the destruction and removal of all bio- ments. Council that we must act. This vote logical, chemical and nuclear weapons In 1998, we increased military pres- tells the President of the United States and to allow U.N. inspectors to verify sure in the region and even conducted we agree Saddam Hussein and his fail- the elimination of these programs. a military strike under President Clin- ure to comply with the cease-fire This cease-fire agreement was even ton called Operation Desert Fox—hop- agreement constitutes a serious breach signed by the Iraq government. ing that the threat of force and the de- and a threat to global stability. We staked lives, resources, and diplo- struction of military installations The vote tells the President we firm- matic weight on that promise, and yet would bring Hussein to reason and ly support his promise to go to the here we are today because of the non- allow the inspectors back in. United Nations Security Council and compliance of that issue. While this limited military pressure live up to the responsibilities to en- If military action is eventually taken produced some initial results, as soon force a cease-fire agreement that Iraq by a UN-backed effort or multinational as the United States turned down the has continued to try to subvert. This US effort, that military action would heat Saddam Hussein went back to his vote is a statement of national resolve not be a pre-emptive strike, but the en- old ways. that Saddam Hussein must be disarmed

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We have heard thousands of men and women serving Senators LIEBERMAN, WARNER, BAYH, some broad outlines, if, in fact, action in Washington State—I hope our vote and others have made great progress on by the U.N. or U.S. troops were taken. tonight with the President’s multilat- this legislation. There are conditions. But we need to realize the process of eral effort will lead to a successful re- It requires a limited scope of oper- creating a peaceful and stable post- sult where we would not need to use ations in the Iraq theater, continued Saddam Iraq will be huge and expen- these personnel. But if we do, I know consultation with Congress on military sive and politically volatile. these men and women will be ready to action, and serious reporting require- If the President does not commit to meet the task with conviction, resolve, ments to inform Congress of the com- multilateral military action, we must and professionalism. mencement progress and plans of both similarly commit ourself to a serious I do not now, nor have I ever be- operations and postwar strategies. long-term strategy to bring about free- lieved, that military action is our pre- I make clear this resolution does not dom, representative democracy, and ferred method to address international endorse a unilateral action. If for some prosperity to the people of Iraq. This conflict. But I have seen over the last reason the U.N. Security Council does will require a substantial obligation 11 years, Saddam Hussein has consist- not act, I expect the President to make and commitment. ently failed to live up to the 1991 cease- a major and aggressive diplomatic ef- Fourth, fighting the broader war on fire agreement, and his noncompliance fort to enlist other partners around the terrorism cannot be left behind. And is a dangerous failure that this body globe in doing the right thing to stop while the President has made the point must address. This problem is not Hussein’s efforts. The President has that this effort is related, we need to going away. If anything, it will grow promised Members of Congress, includ- make sure if we commit troops to the increasingly more dangerous as Sad- ing the chairman of the Foreign Affairs Persian Gulf, that we will not be di- dam Hussein increases his chemical, bi- Committee, that he would be com- minishing our other efforts on the war ological, and nuclear weapons stock- mitted to developing a coalition of al- on terrorism. pile. lies for military action. We know how Fifth, and probably the challenge There is no question that we are important these coalitions are. We ex- that most of my colleagues have tried looking for a strong and effective re- pect the President to fulfill this prom- to address, maintaining the Middle sponse from the United Nations Secu- ise. East stability. I do remain very con- rity Council, and I believe this vote My vote for this resolution does not cerned about the effective military ac- sends an important message to the mean I am convinced the administration and the volatile situation that United Nations Security Council and tion has answered all the questions. In may occur in the Middle East. The gives the President the domestic back- fact, I believe the following issues must Israeli-Palestinian conflict remains in ing he needs to get that international be addressed—there are several—before a disappointing and potentially vola- support. By being serious, forceful, and the U.N. or the United States takes tile state. We must be aware that any resolute in expressing our dissatisfac- military action: First, it is clear we action in Iraq and the possible exten- tion with Saddam Hussein for his con- need a continued, multilateral ap- sion to Israel poses a serious threat to tinued noncompliance, I think we are proach. The President must continue the future peace in this region. charting the best course for an inter- to make the disarmament of Iraq a If the administration or the U.N. se- national response. We are taking ac- global issue. The rhetoric surrounding lects military action against Iraq with- tion in this body tonight, and we want Iraq earlier this summer was in the scope of this resolution, we must the international community to take unilateralist. It offended our allies and work aggressively through diplomatic action with us. others who might have been with us. It channels to ensure that such action is I yield the floor. brandished the view around the world kept separate and distinct from the The PRESIDING OFFICER. Under that the United States is an arrogant Israeli-Palestinian conflict. the unanimous consent agreement, the power, and did serious damage to our And lastly, we must protect Iraqi ci- Chair recognizes the Senator from relationship with many important pow- vilians. We cannot diminish the serious North Dakota for 30 minutes. ers in the Middle East region. concerns regarding the effective poten- Mr. CONRAD. Mr. President, in a few The President’s September speech to tial military action on that population. moments we will make one of the most the United Nations reflected a new They have been the victims of a brutal, fateful decisions for our country. We chapter and much needed improvement harsh and inhumane dictator who has will decide if we authorize the Presi- in the administration’s efforts to con- not only stripped away their political dent to take this Nation to war. As front Saddam Hussein. He made clear liberty and free expression but also dis- with every momentous debate in this that the priority of the administration tributed to Iraqi populations economic Chamber, our deliberations will reso- was to mobilize an international effort deprivation, malnutrition, lack of med- nate long into the future. Few deci- to enforce the cease-fire. icine, and diverted billions of dollars sions will have greater consequences to Second, we must understand what into other programs. the people we represent and to the fu- our successful military strategy is. If the President of the United States ture of our Nation. This vote is not an endorsement of the or the U.N. determines that we should Before I ask young men and women President’s military strategy, mainly move forward within the framework of to put themselves in harm’s way, I because we have not been given what it this resolution and military action must be convinced we have exhausted is. However, there is good reason to be- must be taken, it must be used as a every other possibility, pursued every lieve that this operation, which may last resort. other avenue. For me, and I believe for require force to enter Baghdad, will The President needs to take leader- the people I represent, war must be the prove substantially more complex and ship and work with Congress to incor- last resort. difficult and costly than Operation porate the issues I have just mentioned As we debate the course this Nation Desert Storm—not only in its eco- and come back to Congress and consult will take, some facts are clear and un- nomic cost, but most important, in the with them. assailable. Saddam Hussein is a men- lives of soldiers and innocent Iraqi citi- I take this vote very seriously. The ace to the whole region of the Middle zens. This is, indeed, a troubling sce- men and women in the Armed Forces East and a vicious tyrant who harms nario. And if the administration ulti- from Washington State may very well and oppresses his own people. He has mately acts within the scope of this be called into action. Whether it be our waged war against neighboring na- authorization, it must be up front and troops at Fort Lewis, our refueling tions, and he has attacked the people honest with Congress and the Amer- tankers flying out of Fairchild Air of his own country. He has acquired

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Such a our goal is to topple Saddam, what is Hussein is ignoring the will of the course would expose our forces on the our responsibility for the regime that United Nations and that he has not ground to serious risks in hand-to- follows: honored the agreements he made fol- hand, street-by-street urban warfare in Forming a new government in Iraq is lowing the Gulf War. Saddam Hussein a foreign capital. We would lose much far from simple. There is no clear suc- is a dangerous force in the world. of our advantage in superior airpower cessor to Saddam Hussein. Iraq is a I agree that we must take action. and technology. The military and civil- country filled with competing ethnic The question is, What course do we ian casualties could be substantial. groups and religious and tribal factions take? How do we best protect the na- The former Commander in Chief of with no history of democracy. tional security of our country? the U.S. Central Command, retired Ma- I do not want to see our forces mired A decade ago in the gulf war, Saddam rine Corps General Joseph Hoar, testi- in a long occupation, in dangerous ter- Hussein launched a surprise attack on fied before Congress: ritory, in a destabilized region, subject Kuwait and we rallied a powerful inter- In urban warfare you could run through to violence within Iraq. I do not want national response to defeat him. battalions a day at a time. All our advan- to see the United States responsible for Today, we debate a much different sce- tages of command and control, technology, the stability of Iraq, the economy of nario. Saddam has not directly threat- mobility . . . are in part given up. Iraq, and the political future of that ened his neighbors since the gulf war. Those are sobering words—battalions nation. In a recent threat assessment from the a day at a time. I began by saying that while I do not Central Intelligence Agency, it con- Fourth, a unilateral attack by the oppose the use of force against this dic- cludes that Iraq is not likely to ini- United States could destabilize an al- tator, war must be our last resort. I be- tiate a chemical or biological attack ready volatile and dangerous region lieve history has important lessons for on the United States. Yet the Presi- and inflame anti-American interests us. dent is contemplating a preemptive in- around the globe. An American inva- Many other dangerous dictators have vasion of Iraq with the goal of ousting sion could doubtless impact the Israeli- acquired weapons of mass destruction, Saddam Hussein and installing a new Palestinian conflict. The backlash in or tried to. Yet we successfully con- regime. Never before in the history of Arab nations could further energize tained the Soviet Union, Communist this Nation has the Congress voted to and deepen anti-American sentiment. China, and North Korea and others authorize a preemptive attack on a Al-Qaida and other terrorist groups without resorting to a pre-emptive country that has not first attacked us could gain more willing suicide bomb- first strike. Again and again, we have or our allies. ers and raise even greater financial re- seen the scenario. A vicious dictator Let me be clear. I do not oppose the sources from the wealthy nations of amasses weapons of mass destruction, use of force against this lawless and the region. threatens his neighbors, and threatens dangerous tyrant, but I cannot support General Wesley Clark, the former Su- the United States. the resolution before us as it stands. It preme Allied Commander, Europe, put Always in the past, we have chosen is too broad and open-ended, and I do it succinctly: ‘‘If we go in unilaterally containment and deterence—not inva- not believe it is in the national secu- or without the full weight of the inter- sion. In the past, we have contained rity interest of the United States. In national organizations behind us, if we the dictator, rallied international sup- my judgment, an invasion of Iraq at go in with a very sparse number of al- port to isolate him, and together with this time would make the United lies. . . . we’re liable to super-charge our allies carried out a disciplined, States less secure rather than more se- recruiting for al Qaeda.’’ Let me repeat forceful and effective strategy of deter- cure. It would make a dangerous world that. ‘‘We’re liable to super-charge re- rence. We did not launch an invasion. even more dangerous. First, we have unfinished business cruiting for al Qaeda.’’ Even when the Soviet Union placed Fifth, if this nation asserts that pre- with the terrorists of al-Qaida. For the nuclear missiles just 90 miles off our past year we have all agreed that com- emptive military attacks are justified coastline, we did not invade. Rather, bating al-Qaida was our first priority. in this conflict, what are the con- President John F. Kennedy issued an News reports just this morning warned sequences for other conflicts around ultimatum—a successful ultimatum. us of the danger of renewed terrorist the globe? Would India or Pakistan We demanded the removal of those attacks against our country, organized claim the same justification in Kash- missiles. We succeeded, and we brought and orchestrated by al-Qaida. I believe mir, raising the prospect of nuclear the world back from the brink of a nu- defeating the terrorists who launched war in South Asia? Could China use clear conflict that might have engulfed the attacks on the United States last this precedent to attack Taiwan, po- the world. September 11 must be our first priority tentially drawing the U.S. into a major Historian Arthur Schlesinger, Jr., re- before we launch a new war on a new war with China? Could Russia use this cently asked: ‘‘Why not . . . try the front. Yet today the President asks us justification to re-occupy parts of the combination of containment and deter- to take action against Iraq as a first former Soviet Union? rence that won us the Cold War? Sad- priority. I believe that has the priority And sixth, while the financial costs dam is not likely to attack other coun- wrong. of this effort should not drive this de- tries. He knows that he would be play- Second, a unilateral invasion could bate, we cannot ignore them. The Con- ing into Bush’s hands. Retaliation prompt the very attack we seek to pre- gressional Budget Office has just esti- would be prompt and overwhelming, empt. In just the last few days, the CIA mated that an invasion of Iraq could and Saddam has no interest in suicide. has reported that there is a very low cost this nation $6 billion to $9 billion The one situation that might induce probability Saddam Hussein would a month. That is a significant financial him to use his weaponry is a U.S. at- launch a biological or chemical attack toll at any time, but particularly when tack on Iraq.’’ against the United States or our inter- we are still engaged in conflict in Af- The historical lesson is clear. There ests in the region. However, if we ghanistan. The economic downturn are disciplined and forceful actions we launch a unilateral invasion, the risk makes the expense even harder to bear. can take against dictators and aggres- rises dramatically that a desperate CBO estimates that the costs of an sors short of invasion, actions that can Saddam would use biological and invasion plus a five-year occupation succeed. chemical weapons. would reach some $272 billion. How will Clearly, if Saddam Hussein were to Brent Scowcroft, National Security we pay for this? Does the White House attack this country—or if we had Adviser to former President Bush, propose new taxes? Or are we to as- strong evidence that an attack on this wrote that in the wake of an invasion: sume that this will be paid for out of country were imminent—we would Saddam would be likely to conclude he had the Social Security trust funds? Will have every right to defend ourselves. In nothing left to lose, leading him to unleash we go deeper and deeper into debt? Or that case, Saddam should have no

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10321 doubt that the United States would ob- with the U.N. resolutions he agreed to Security Strategy, to ‘‘adapt the con- literate him. after the Gulf War. cept of imminent threat to the capa- If the President has new knowledge I believe we should issue an ulti- bilities and objectives of today’s adver- on an imminent threat from Iraq that matum to Saddam to allow weapons in- saries.’’ This unfortunate precedent, if contradicts the statement of his CIA spections and immediately disarm. If followed by, for example, nation A as a Director just this week that an attack he does not comply we can then take justification to use aggressive military is unlikely, he should reveal it to this swift military action to force his com- force in the name of self-defense Congress. I believe in protecting our pliance and deprive him of his weapons. against nation B that nation A per- people and our allies from imminent But I do not believe we should author- ceives poses a continuing threat to it, danger. But I believe the President ize an invasion of Iraq tonight. although the threat is not imminent, must present stronger evidence to the I know this vote will place me with a could lead to an increase in violence Congress and the American public be- small minority of colleagues here, but and aggression throughout the world. fore he reverses a strategy that has I must vote my conscience. And it could have extraordinary con- worked well against dictators around I say to the President and to my col- sequences for the world if one or both the world. Before this nation strikes leagues that while I do not support this of such nations possess nuclear weap- first, strikes unilaterally, strikes pre- resolution, I know it will pass. And if ons, such as India and Pakistan. emptively, we must know how this the President exercises the authority it The grant of authority under (2) threat is different from those that have grants him to launch a unilateral inva- above, to enforce all relevant U.N. Se- come before. sion of Iraq, I will stand with him. I curity Council Resolutions regarding Inaction and appeasement are not op- will do everything in my power to sup- Iraq is also unacceptable. For instance, tions. We must be prepared to use force port our troops and ask for the support Iraq is presently in default on its obli- to defend out national security inter- of our allies. Like every American on gations under relevant Security Coun- ests, with or without the support of the that day, I will pray for the safety of cil Resolutions that require it to re- UN. And I support the use of force our soldiers in battle, the wisdom of turn Kuwaiti archives and property. It against Iraq in the following cir- our leaders, a swift victory, and the is exceedingly unwise to provide such a cumstances. lasting peace that has so far eluded the broad grant of authority when the real We need no one’s permission to fight troubled peoples of the region. threat that Iraq poses is because of its back when attacked, and force would Mr. LEVIN. Mr. President, I would refusal to destroy its weapons of mass be fully justified in the case of an Iraqi like to explain why I am voting against destruction and prohibited delivery attack against this country or our al- final passage of the Lieberman amend- systems. lies. Force would also be justified if we ment. I have already explained much of The Lieberman amendment also were presented with clear and compel- my reasoning during the debate on my sends the wrong message to the United ling evidence Saddam was preparing an earlier amendment, but I wanted to Nations. It contradicts the thrust of imminent attack on this nation, or on state my opposition in one place. the President’s speech to the U.N. Gen- our allies. Section 4 of the Lieberman amend- eral Assembly on September 12 when Additionally, the use of force would ment authorizes the President to use he said ‘‘We will work with the U.N. be justified if we were provided with the Armed Forces of the United States, Security Council for the necessary res- credible evidence that Saddam was one, ‘‘against the continuing threat olutions’’ and ‘‘We want the United Na- linked to the September 11th attacks posed by Iraq;’’ and, two, to ‘‘enforce tions to be effective, and respectful, on this nation or if Saddam were to all relevant United Nations Security and successful.’’ That is so because, at provide weapons of mass destruction to Council Resolutions regarding Iraq.’’ the same time that Secretary of State terrorists. This grant of authority under (1) Powell is trying to negotiate with the Finally, I believe we must be pre- above, with its threshold of ‘‘con- U.N. Security Council for the very res- pared to use force in concert with our tinuing threat,’’ is virtually the olution that the President said he allies to destroy, Iraq’s weapons of issuance of a blank check to the Presi- wants, the Congress would be vesting mass destruction if Saddam refuses to dent to use U.S. military force, since extraordinary authority in the Presi- comply with UN resolutions ordering the Findings section of the amendment dent of the United States to ‘‘go it him to disarm. already contains the statement that alone,’’ to use U.S. military force I support the use of force when it is ‘‘Iraq poses a continuing threat to the whether or not the Security Council in our national security interest. I national security of the United authorizes Members States to use mili- voted for the Levin amendment to au- States.’’ tary force to enforce its resolutions. By thorize the use of force to disarm Sad- The only limitation on the Presi- telling the Security Council, if you dam Hussein and affirm our right to dent’s authority is found in section 4 of don’t act, we will, we are letting them self defense. I also voted for the Durbin the amendment which requires that off the hook. We should, instead, as we amendment to authorize the use of the President submit his determination did at the time of the Gulf War, be put- force to destroy Iraq’s weapons of mass to the Congress, within 48 hours after ting all of our focus on having the Se- destruction. he exercises such authority, that fur- curity Council adopt the requisite reso- For all the reasons I have cited, I be- ther diplomatic or other peaceful lution and committing forces to imple- lieve an invasion of Iraq must be a last means alone will not protect our na- ment it. We should be working to unite resort, not a first response. Instead, I tional security or is not likely to lead the world community, not divide it. believe we can and should take a to enforcement of all relevant Security Finally, and perhaps most impor- phased approach. Council Resolutions and that exer- tantly, the Lieberman amendment First, we should exhaust every option cising such authority is consistent compounds all of these problems by au- available to us at the United Nations. with the continuation of the United thorizing the use of U.S. military force Saddam has defied the U.N. in the past, States and other countries actions at this time unilaterally, i.e., without but the growing U.S. and international against international terrorism. U.N. Security Council authorization. pressure, and the imminent threat of This grant of authority is also unac- The unilateral, go-it-alone use of U.S. military action may give the process ceptable since it empowers the Presi- military force carries with it all of the new life. Further, our allies will be dent to initiate the use of U.S. military risks that could be avoided or, at least, more willing to join with us if we ex- force although the threat against reduced by acting multilaterally, i.e., haust every option at the U.N. which it is used is not imminent. Inter- with the strength and world-wide polit- Next, we should make every attempt national law has required that there be ical acceptance that flows from U.N. to forge the same strong coalition of an imminent threat before one initi- authorization. If we act unilaterally, nations that brought Saddam to his ates an attack under the rubric of self will we be able to secure the use of air- knees during the Gulf War. The knowl- defense. The resolution’s language re- bases, supply bases, and overflight edge that he is an outlaw in the eyes of grettably, therefore, serves to imple- rights that we need; will there be a re- the world community will send a pow- ment the President’s desire, as ex- duction in the international support we erful message to Saddam to comply pressed in his September 2002 National are receiving for the war on terrorism;

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10322 CONGRESSIONAL RECORD — SENATE October 10, 2002 will it destabilize an already volatile If we do indeed go to war against and renewed inspections are the an- region and undermine governments Iraq, this is an important issue that swer. In reality, inspections will ac- such as Jordan and Pakistan; will Sad- needs to be addressed, and I thank the complish little, delay the inevitable dam Hussein and his generals be more Senator from California for raising it. and provide Saddam with yet more likely to use weapons of mass destruc- Mr. SHELBY. Mr President, I rise time to field additional weapons of tion against our forces and other na- today in support of the resolution au- mass destruction. tions in the region; will we be under- thorizing the use of military force U.N. Security Council Resolutions cutting efforts to get other nations to against Iraq. have required much of Saddam and pro- help us with the expensive, lengthy I support this resolution because the duced very little. task of stabilizing a post-Saddam Iraq? threat posed by the brutal dictatorship Starting in April 1991, Resolution 687 These are serious short- and long-term of Saddam Hussein is real, immediate, requires Iraq to declare destroy, re- risks that will be exacerbated if we act and growing. move, or render harmless under U.N. or unilaterally rather than multilater- The threat is real because Saddam International Atomic Energy Agency ally. possesses conventional, chemical, and supervision and not to use, develop, Accordingly, and for all of these rea- biological weapons. He also is doing ev- construct, or acquire all chemical and sons, I will cast my vote against final erything in his power to acquire the biological weapons, all ballistic mis- passage of the Lieberman amendment. means to construct and field nuclear siles with ranges greater than 150 kilo- VOTE ON AMENDMENT NO. 4856, AS MODIFIED weapons. meters, and all nuclear weapons-usable The PRESIDING OFFICER. Under The threat is real because Saddam material, including related material, the unanimous consent agreement, the has used his conventional and chemical equipment, and facilities. What has question now occurs on agreeing to weapons to attack his neighbors and happened? amendment No. 4856, as modified. his own people. Saddam has refused to declare all The amendment (No. 4856), as modi- The threat is real because Saddam parts of each WMD program, submitted fied, was agreed to. has openly defied the world and has several declarations as part of his ag- Mrs. BOXER. Mr. President, in 1991, made no secret of his enmity toward gressive efforts to deny and deceive in- just prior to the Persian Gulf war, I the United States and our allies. Sad- spectors, and ensured that certain ele- was the author of legislation that dam even attempted to assassinate a ments of the program would remain would have allowed one parent of a former American President. concealed. The prohibition against de- dual military couple to receive a waiv- The threat is immediate and growing veloping delivery platforms with er from deployment to areas where because Saddam has extensive and ranges greater than 150 km allowed combat is imminent. growing ties to terrorist organizations Baghdad to research and develop short- I remain very concerned about this that have either attacked the United er-range systems with applications for issue and fear that if the President de- States or declared the United States to longer-range systems. cides to use force against Iraq, minor be a legitimate target of their twisted Additionally, the prohibition did not children may face a situation in which crusade that they call ‘‘jihad.’’ affect Iraqi efforts to convert full-size both parents are deployed. The Mili- The threat is immediate and growing aircraft into unmanned aerial vehicles tary Family Resource Center estimates because Saddam has developed the for use as potential WMD delivery sys- that there are approximately 35,000 ability to deliver his poisons and pes- tems with ranges far beyond 150 km. dual military couples with children tilence by unmanned aerial vehicles Resolution 707 enacted in August serving in the military today. that can easily be smuggled into the 1991, requires Iraq to allow U.N. and According to the Department of De- United States. International Atomic Energy Agency, fense, request for combat exceptions The threat is immediate and growing IAEA, inspectors immediate and unre- can be submitted at any time and mili- because Saddam has circumvented the stricted access to any site they wish to tary personnel may apply for reassign- sanctions regime to such an extent inspect. it also demands that Iraq pro- ment for humanitarian or compas- that he is virtually unrestrained by re- vide full, final, and complete disclosure sionate reasons. However, there are no sources in his pursuit of weapons of of all aspects of its WMD programs; specific policies restricting both par- mass destruction. cease immediately any attempt to con- ents from being assigned to a war zone. Let me put this in a historical conceal, move, or destroy WMD-related I hope the Senator from Virginia, the text. material or equipment; allow UNSCOM ranking member of the Armed Services Following its bloody war with Iran, and IAEA teams to use fixed-wing and Committee, will join me in urging the Hussein’s Iraq was heavily in debt. helicopter flights throughout Iraq; and Secretary of Defense to do everything While continuing to spend billions on respond fully, completely, and prompt- possible to see that dual military cou- weapons of mass destruction and long- ly to any Special Commission ques- ples are not deployed concurrently to a range missiles, Saddam, in 1990, in- tions or requests. What has happened? war zone. vaded and plundered Kuwait in order to In 1996, Saddam negotiated with the Mr. WARNER. I understand the Sen- help pay his bills. With that act, he UNSCOM Executive Chairman modali- ator’s concerns, and I believe that the made it clear that his priority was to ties that it used to delay inspections, Department of Defense is already very feed the war machine which kept him to restrict to four the number of in- sensitive to this situation, as reflected in power. spectors allowed into any site Baghdad in the assignment policies of the mili- In 1991, Kuwait was liberated and the declared as ‘‘sensitive,’’ and to prohibit tary services. I trust the Department Persian Gulf war ended when Saddam them from visiting altogether sites re- will continue to make every reasonable Hussein committed to abide by U.N. garded as sovereign. These modalities effort, through existing practices and Security Council resolutions. Since gave Iraq leverage over individual in- policies, to avoid situations in which then, he has broken those commit- spections. Iraq eventually allowed larg- both parents would be deployed to a ments. He ignored U.N. weapons prohi- er numbers of inspectors into such combat zone. bitions and ruthlessly crushed rebel- sites but only after time consuming ne- I thank the Senator from California lions of the Shia and the Kurds. gotiations at each site. for once again focusing attention on Today, he continues to violate U.N. Resolution 715 adopted in October this issue. resolutions, the very commitments he 1991, requires Iraq to submit to long- Mr. REID. Mr. President, this is an made to save his regime. His actions term monitoring of Iraqi WMD pro- important issue that Senator BOXER continue to impose terrible hardships grams by UNSCOM and IAEA; approved has raised and that she has been con- on his own people. After a decade of detailed plans called for in United Na- cerned about for many years; that is, sanctions, Saddams’s unwillingness to tions Security Council Resolutions 687 when both parents of minor children relinquish his prohibited weapons pro- and 707 for long-term monitoring. are in the military, the Secretary of grams continues to cost his country In reality, Iraq generally accommo- Defense should make every effort to tens of billions of dollars. dated U.N. monitors at declared sites ensure that both parents are not de- There are those who believe that a but obstructed access and manipulated ployed in combat at the same time. new U.N. Security Council resolution the monitoring process.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10323 Beginning in March 1996, Resolution mament tasks, and requires that in- ally occurs before striking back. 1051 established the Iraqi export and spectors be full-time U.N. employees. Today, however, such a rule would import monitoring system. This sys- Saddam has manipulated the U.N. be- clearly be unworkable, so dangerously tem requires U.N. members to provide fore, and if permitted, he will do it unworkable as to imperil the inherent IAEA and UNSCOM with information again. Right now, Saddam is ‘‘shuffling right of self-defense in the first place. on materials exported to Iraq that may the deck’’ to hide his prohibited items Today, the proliferation of weapons be applicable to WMD production, and in anticipation of the return of inspec- of mass destruction make it madness requires Iraq to report imports of all tors. to wait until one is attacked first. dual-use items. I believe that inspectors will not set These basic military realities compel In reality, Iraq is negotiating con- foot in Iraq until Baghdad is ready for us to understand the idea of self-de- tracts for the procurement, outside of them. If they were to return, they fense in response to a threat in broader U.N. controls, of dual-use items with would be starting from square one in a ways than before. WMD applications. The U.N. lacks the hostile and deceitful environment. To paraphrase U.S. Supreme Court staff needed to conduct thorough in- In a June 11, 2000 article, Charles Justice Robert Jackson, the law is not spections of goods at Iraq’s borders and Duelfer, the former deputy executive a suicide pact. to monitor imports inside Iraq. chairman for UNSCOM, noted that, The law does not require us to wait In June 1996 the following resolutions ‘‘. . . the attempt to disarm Iraq of its for a biological weapon such as small- were adopted: Resolutions 1060, 1115, weapons of mass destruction was pox or a genetically engineered an- 1134, 1137, 1154, 1194, and 1205. These de- doomed from the start. This failure re- thrax strain to be used to kill poten- mand that Iraq cooperate with peats the same mismatch between dis- tially millions of Americans before we UNSCOM and allow inspection teams armament goals and disarmament have the right to attack the would-be immediate, unconditional, and unre- mechanisms that frustrated efforts to user. Especially in this age of modern stricted access to facilities for inspec- disarm Germany . . .’’ after the First transportation, biological weapons tion and access to Iraqi officials for World War. know no boundaries. From 1918 to 1919, interviews. U.N. Security Council Res- In the Versailles Treaty of 1919, the the influenza pandemic killed between olution 1137 condemns Saddam for his victorious allies imposed disarmament 20 and 40 million people worldwide. To- refusal to allow entry into Iraq of obligations upon a defeated Germany. day’s biological weapons scientists UNSCOM officials on the grounds of An international organization called have the capacity to cause even worse their nationality and for his threats to the Inter-Allied Control Commission mayhem, not just to any single target the safety of U.N. reconnaissance air- was created to implement those provi- country, but perhaps to everyone on craft. sions. The Germans, however, were the planet. Throughout the inspection process in very adept at denial and deception. We have long recognized such prin- Iraq, Saddam consistently sought to Consequently, Germany was able to ciples in our domestic law. A police- impede and limit UNSCOM by blocking preserve illicit armaments and weap- man, for instance, need not wait for a access to numerous facilities, sani- ons production. The Germans argued criminal to actually shoot at him be- tizing sites before the arrival of inspec- that the inspectors were too demand- fore he can use lethal force in self-de- tors and routinely attempting to deny ing and acted like spies. Does this rhet- fense. inspectors access to requested sites and oric sound familiar? The United States has been involved individuals. At times, Saddam would The lessons of appeasement are not in Iraq for years in attempting to en- promise compliance to avoid con- intended solely for history classrooms. force the many Security Council reso- sequences, only to renege later. These lessons are to be learned and lutions violated by Iraq. Throughout Resolution 1154 enacted in March where relevant, applied. Saddam Hus- this entire period, Iraq has continually 1998, demands that Iraq comply with sein’s priorities have not changed and I fired upon our forces, and those of our UNSCOM and IAEA inspections and en- do not believe that they ever will, so allies, with conventional weapons. dorses the Secretary General’s memo- we must act before his alliance with Iraq has a large and expanding bio- randum of understanding with Iraq, terror finds it way to our shores. logical and chemical weapons program. providing for ‘‘severest consequences’’ Much has been said about how un- And he is doing everything in his power if Iraq fails to comply. precedented it would be to engage in to add nuclear weapons and long-range Resolution 1194 adopted in September anticipatory self defense by taking ballistic missiles to his arsenal. 1998, condemns Iraq’s decision to sus- military action against Iraq. In one re- The law does not require us to wait pend cooperation with UNSCOM and spect, this is true: it is a step that our to be attached with the other weapons the IAEA. country has historically tended to shy in Saddam’s arsenal before completing Resolution 1205 adopted November away from taking. the task the Security Council has set 1998, condemns Iraq’s decision to cease But ‘‘unprecedented’’ is not the same for ending the threat Iraq poses to cooperation with UNSCOM. thing as illegal or improper. Scholars international peace and security. The These resolutions were meaningless have debated the idea of anticipatory law does not require this, and our secu- without Iraqi compliance. Baghdad re- self-defense for many years, and while rity, and that of other countries in the fused to work with UNSCOM and in- there is no consensus upon its exact region, and around the world, does not stead negotiated with the Secretary meaning, the idea is clearly not foreign permit it. General, whom it believed would be to international law. I will close with these final thoughts. more sympathetic to Iraq’s needs. Under article 2 of the United Nations There are those at home and abroad Finally, in December 1999, Resolution Charter, countries may not use the who criticize U.S. intent to take ac- 1284 established the United Nations ‘‘threat or use of force’’ in a manner in- tion. I remind them that the United Monitoring, Verification, and Inspec- consistent with the purposes of the States did not pick this conflict. The tion Commission, UNMOVIC, replacing United Nations. Article 51 of the char- United States doe not want this fight, UNSCOM. The resolution demanded ter also recognizes that countries have Saddam Hussein forced our hand by not that Iraq allow the commission’s teams an inherent right of both individual complying with his obligations under immediate, unconditional, and unre- and collective self-defense. the 1991 cease fire. He forced our hand stricted access to any and all aspects of Reading articles 2 and 51 together, it by not complying with U.N. resolu- Iraq’s WMD programs. is clear to me that the right to self-de- tions. He forced our hand by building Iraq repeatedly has rejected the unre- fense can arise not only in response to alliances with terrorists. stricted return of U.N. arms inspectors the ‘‘use’’ of force but also in response We do not make this decision lightly, and claims that it has satisfied all U.N. to the threat of the use of force. we are very aware of the potential resolutions relevant to disarmament. That this must be the case should be costs of taking action, but we are much Compared with UNSCOM, Resolution clear to anyone familiar with the dan- more aware of the costs of not taking 1284 gives the UNMOVIC chairman less gers of the modern world. At some action. As said by Edmond Burke, ‘‘All authority, gives the Security Council a point in the past, it might have been that is necessary for the triumph of greater role in defining key disar- possible to wait until an attack actu- evil is that good men do nothing.’’

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10324 CONGRESSIONAL RECORD — SENATE October 10, 2002 I urge my colleagues to support this tions Security Council to take similar what in the world was the administra- resolution. action. And I hope that the action of tion thinking when it decided to re- Mr. DORGAN. Mr. President, I have Congress and the United Nations to- lease this document at the same time decided that I will cast a vote tonight gether will convince Saddam Hussein that our diplomats around the world to authorize the President to use force to allow complete and unfettered in- are seeking the support of the inter- if necessary to find and destroy any spections and to cooperate in the national community for action against weapons of mass destruction under the elimination of any weapons of mass de- Saddam Hussein? control of Saddam Hussein in Iraq. struction that he still possesses. In my judgment, this is an example Some of my colleagues have ex- With a backdrop of the September 11 of the Bush administration’s approach pressed the ease with which they will terrorist attacks on the United States to foreign policy that has largely aban- vote to authorize the use of force. For and the clear and present danger to our doned the successful strategies we’ve me it has been very difficult. country of future terrorist attacks, employed for decades to weld together When we cast a vote that could send coupled with the evidence that Saddam alliances and coalitions of our allies to our sons and daughters to war, it is Hussein is aggressively trying to ac- tackle the threats and challenges of an deadly serious business. It requires us quire nuclear weapons, I finally con- unstable world. to ask tough questions and demand cluded that, if we err in this matter, we Another issue that relates to this de- good answers. must err on the side of our national se- bate is America’s role in the inter- And while I will vote to authorize the curity interests. The stakes are too national effort to stop the proliferation President to use force if necessary, I do high, and the consequences too deadly of nuclear weapons. so with reservation because I believe to do otherwise. One of the centerpieces of the debate very strongly that force should be an The final point I will make about about the danger Iraq poses for the rest option that is used only as a last re- this resolution is that our confronta- of the world is that Saddam Hussein sort, after all other diplomatic and tion with Iraq is dramatically different might soon possess a nuclear weapon. I peaceful means have been exhausted. from our confrontation with any other acknowledge the danger that would And, if force is necessary , it ought to ‘‘rogue’’ country. Saddam Hussein has pose for the region and the rest of the be carried out with a coalition of coun- consistently defied the terms of sur- world, but I want to ask those who are tries in whose interest it is to rid Iraq render to which he agreed at the end of experiencing seizures over that pros- of weapons of mass destruction. the Gulf War in 1991. We know that he pect: where is their concern about the I want to stress that I would never lied about his weapons of mass destruc- larger danger posed by the spread of have voted for the resolution in the tion and hid them from United Nations nuclear weapons to other countries and form that the White House originally inspectors. We know that he secretly to terrorists? asked Congress to approve. That pro- continued to produce chemical and bio- Year after year, and time after time posal asked Congress to give the Presi- logical agents. We know that he is still those who now appear most alarmed dent a blank check to use force, with trying to acquire nuclear weapons. about the prospect that Iraq would pos- or without the backing of other na- I’ve been to the Incerlik Air Base in sess even one nuclear weapon, are the tions, not just to disarm Iraq, but also Turkey where American fighter pilots same people who are unwilling to exert to deal with unspecified threats to fly air cover over the Northern Iraq no- U.S. leadership in the international ef- American interests anywhere in the re- fly zone. I know firsthand that Iraq fort to stop the proliferation of nuclear gion. continues to fire on our pilots who are weapons. However, the Joint Resolution that just doing what Saddam Hussein prom- For example, President Bush has ap- Congress will vote on tonight is fun- ised to allow under the terms of the pointed John Bolton to be the Assist- damentally different from the one the Gulf War surrender. ant Secretary of State responsible for President sent to us. It was narrowed I know there are some who say, arms control even though Bolton’s substantially in scope through bipar- ‘‘well, let’s not be so hasty. There’s an- stated position is that he doesn’t be- tisan negotiations. other way, let’s explore other options.’’ lieve in arms control. This administra- First, this resolution focuses specifi- But the fact is we have worked for 10 tion, and its supporters in Congress, cally on the threat posed by Iraq, in- years without success to force Iraq to have demonstrated a lack of interest in stead of giving the President broad and comply with the terms of its surrender making any effort to stop the spread of unfocused authorization to take action following the Gulf War. So, to those nuclear weapons. in the region, as the Administration who say let’s give them more time, I They oppose the Comprehensive Nu- originally sought. Second, the resolu- say this situation is unique. Iraq has clear Test Ban Treaty even though a tion expresses the conviction that had a decade to comply, and the tyrant blue-ribbon panel of the National Acad- President Bush should continue to who runs it has demonstrated that he emies of Science recently concluded work through the United Nations to se- has no intention of complying without that the treaty would significantly en- cure Iraq’s compliance with U.N. reso- the threat of the use of force. hance U.S. security by slowing the lutions. Third, this resolution makes it I will vote for this resolution because spread of nuclear weapons. clear that the President must exhaust I think that it is important that we And this administration and its sup- diplomatic and peaceful efforts before unite behind our President to deal with porters want to deploy a new genera- he can use force against Iraq. And the clear and present danger that Iraq tion of ‘‘designer’’ nuclear weapons fourth, this resolution protects the bal- poses to our national security. But I that could be used like conventional ance of power by requiring the Presi- want to point out a few concerns about weapons. Nothing would do more to un- dent to comply with the War Powers aspects of this administration’s foreign dermine international efforts to stig- Act. policy which I consider to be very trou- matize countries that aspire to become I believe it is the right course to go bling. nuclear powers. to the United Nations, extract from the Recently the Bush administration re- Perhaps now the prospect of a coun- Security Council the tough new resolu- leased a new 33-page National Security try like Iraq acquiring one nuclear tion requested by the President, and Policy document that has alarmed weapon will convince the Bush admin- then coercively enforce that resolution even our closest allies because it de- istration that safeguarding the nuclear with a coalition of countries who will clares that it is America’s new policy weapons that exist around the world, not only bear the burden of fighting to maintain overwhelming military reducing nuclear stockpiles, and stop- along side us if it is required, but who might and to use preemptive force ping the proliferation of nuclear weap- will also bear the expensive burden of whenever and wherever it suits our na- ons to other countries and to terrorists occupation, peace keeping and nation tional interests. must be among this country’s top pri- building following any military action. Few would deny that the United orities. My fervent hope is that the Joint States has the right to go after terror- There are somewhere in the neigh- Resolution we pass tonight authorizing ists or rogue states preemptively if we borhood of 25,000–30,000 nuclear weap- the President to use force if necessary are in serious danger of being attacked ons in the world today. A fair number to disarm Iraq will spur the United Na- by a weapon of mass destruction. So of them are not very well controlled,

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10325 particularly in Russia, which has thou- bility of the United Nations, openly If the administration continues its sands of nuclear weapons in storage fa- violating international law, and mak- strong, if belated, diplomacy, backed cilities that fall far short of American ing a mockery of the very idea of col- by the bipartisan resolve of the Con- security standards. Russia also has lective action that is so important to gress, I believe the United States will enough highly enriched uranium and the United States and its allies. succeed in rallying many allies to our weapons-grade plutonium for 80,000 nu- We cannot allow Saddam Hussein to side. clear weapons. Much of it is poorly pro- get nuclear weapons in violation of his Second, strong domestic support and tected against theft or diversion. own commitments, our commitments, a broad international coalition will One nuclear weapon in the wrong and the world’s commitments. make it less likely that force would hands will make the devastating trag- This resolution will send a clear mes- need to be used. Saddam Hussein has edy of 9/11 seem like a small incident sage to Iraq and the world: America is one last chance to adhere to his obliga- by comparison. That is why this issue united in its determination to elimi- tions and disarm, and his past behavior is so critical, and it is why I raise it nate forever the threat of Iraq’s weap- shows that the only chance he will now to point out the inconsistency of ons of mass destruction. comply is if he is threatened with those who are pushing so hard to use The United States must do as much force. force against Iraq but who are so un- as possible to build a new United Na- Of course, there is no guarantee that willing to exhibit any muscle in deal- tions Security Council coalition he will comply even if threatened by ing with the broader and potentially against Saddam Hussein. force, but we must try. Although the administration was far more devastating problem of the pro- Others argue that if even our allies too slow to start this diplomatic proc- liferation of nuclear weapons. support us, we should not support this So I will vote for this Joint Resolu- ess, squandering valuable time to bring resolution because confronting Iraq tion because I am convinced it is time nations to our side, I support its recent now would undermine the long-term for the United States to assume leader- efforts to forge a new U.N. Security fight against terrorist groups like al- ship in the effort to disarm Saddam Council resolution to disarm Iraq. Qaida. Yet, I believe that this is not an If inspectors go back into Iraq, they Hussein and make Iraq live up to the either-or choice. Our national security should do so with parameters that are commitments it made after the Gulf requires us to do both, and we can. air-tight, water-tight, and Saddam- The resolution before us today is sig- War. But I hope that President Bush tight. They should be allowed to see nificantly better than the one the will help prevent further Iraqs by step- what they want when they want, any- president initially submitted. It is not ping forward and exerting US leader- time, anywhere, without warning, and a blank check. It contains several pro- ship in the international effort to pre- without delay. vent the proliferation of nuclear weap- Yet if the Security Council is pre- visions that I and many of my col- ons and other weapons of mass destruc- vented from supporting this new effort, leagues have long argued were re- tion. then the United States must be pre- quired. Mr. EDWARDS. Mr. President, I am pared to act with as many allies as pos- First, it gives the administration the here to speak in support of the resolu- sible to address this threat. authority to use all necessary means to tion before us, which I cosponsored. I We must achieve the central goal of eliminate the threat posed by Saddam believe we must vote for this resolu- disarming Iraq. Of course, the best out- Hussein’s weapons of mass destruction. tion not because we want war, but become would be a peaceful resolution of Second, it calls on the administra- cause the national security of our this issue. No one here wants war. We tion to do as much as possible to forge country requires action. The prospect all hope that Saddam Hussein meets a new U.N. Security Council mandate, of using force to protect our security is his obligations to existing Security understanding that if new Security the most difficult decision a Nation Council Resolutions and agrees to dis- Council action proves impossible, the must ever make. arm, but after 11 years of watching United States must be prepared to act We all agree that this is not an easy Hussein play shell-games with his with as many allies as will join us. decision. It carries many risks. If force weapons programs, there is little rea- Third, it requires the administration proves necessary, it will also carry son to believe he has any intention to to report to Congress on its plans to as- costs, certainly in resources, and per- comply with an even tougher resolu- sist with Iraq’s transition to democ- haps in lives. After careful consider- tion. We cannot trust Saddam Hussein, racy after Saddam Hussein is gone. ation, I believe that the risks of inac- and we would be irresponsible to do so. It is in America’s national interest to tion are far greater than the risks of That is why we must be prepared to help build an Iraq at peace with itself action. use force, if necessary, to disarm Sad- and its neighbors, because a demo- Saddam Hussein’s regime represents dam Hussein, and eliminate Iraq’s cratic, tolerant and accountable Iraq a grave threat to America and our al- weapons of mass destruction once and will be a peaceful regional partner. lies, including our vital ally, Israel. for all. Such an Iraq could serve as a model for For more than two decades, Saddam Almost no one disagrees with these the entire Arab world. Hussein has sought weapons of mass basic facts: that Saddam Hussein is a So far, we have not heard nearly destruction through every available tyrant and a menace; that he has weap- enough from the administration about means. We know that he has chemical ons of mass destruction and that he is its plans for assisting the Iraqi people and biological weapons. He has already doing everything in his power to get as they rebuild their lives and create a used them against his neighbors and nuclear weapons; that he has supported new, democratic government. The his own people, and is trying to build terrorists; that he is a grave threat to president has said that the U.S. will more. We know that he is doing every- the region, to vital allies like Israel, help, but he hasn’t offered any details thing he can to build nuclear weapons, and to the United States; and that he is about how. and we know that each day he gets thwarting the will of the international As we have learned in Afghanistan, closer to achieving that goal. community and undermining the this administration’s words are not Iraq has continued to seek nuclear United Nations’ credibility. enough. This resolution will require weapons and develop its arsenal in defi- Yet some question why Congress the administration to move beyond its ance of the collective will of the inter- should act now to give the President words and share with Congress, and the national community, as expressed the authority to act against Saddam world, its concrete plans for how Amer- through the United Nations Security Hussein’s weapons of mass destruction. ica will support a post-Saddam Iraq. Council. It is violating the terms of the I believe we should act now for two Finally, in taking this action, Con- 1991 cease-fire that ended the Gulf war reasons: first, bipartisan congressional gress must make clear that any actions and as many as 16 Security Council res- action on a strong, unambiguous reso- against Iraq are part of a broader strat- olutions, including 11 resolutions con- lution, like the one before us now, will egy to strengthen American security in cerning Iraq’s efforts to develop weap- strengthen America’s hand as we seek the Middle East, and indeed around the ons of mass destruction. support from the Security Council and world. By ignoring these resolutions, Sad- seek to enlist the cooperation of our al- We must do more to support existing dam Hussein is undermining the credi- lies. non-proliferation and disarmament

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10326 CONGRESSIONAL RECORD — SENATE October 10, 2002 programs that can help prevent access to disarm. I have cosponsored this bi- more clear when last year’s terrorist to the weapons-grade materials that partisan agreement and believe that attacks ushered in an era when threats tyrants like Saddam Hussein want. We the focus of the resolution is appro- are more tangible, where civilians are must demand America’s active and priate. at risk, and where deterrence no longer continuous involvement in addressing I believe that a strong resolution is works. I believe the free nations of the the crisis between Israel and the Pal- necessary to protect the American peo- world will again join us in the fight estinians, and promoting democratiza- ple from threats posed by Saddam Hus- against tyranny, and I still hold out tion throughout the Arab world. We sein. And while I believe we should hope that the danger Iraq poses can be must commit to developing a national strive to garner the support of the U.N. eliminated without war. strategy for energy security, one that and our allies around the world, we But today, we must choose whether would reduce our reliance on the Mid- must ensure that we don’t limit our to allow Saddam Hussein to continue dle East for such critical resources. ability to act to protect American threatening the civilized world or to The decision we must make now is lives. disarm him. I believe we must choose one a nation never seeks. Yet when Mr. SMITH of Oregon. Mr. President, the latter. We will first exhaust every confronted with a danger as great as I have the privilege of serving in what peaceful means in our effort, but con- Saddam Hussein, it is a decision we was, for 30 years, Mark Hatfield’s seat front him we must. must make. America’s security re- in the United States Senate. And as Saddam Hussein has attacked Iran, quires nothing less. those who served with him know, no Israel, Kuwait and Saudi Arabia. He re- Mr. BAUCUS. Mr. President, I rise one is more dedicated to peace than cently called on the people of the Arab today to speak out on the issue of Iraq. Mark Hatfield. As I have thought about world to attack the United States and This conceivably is one of the most im- the question of going to war with Iraq, he is an avowed enemy of the democ- portant issues that we as a governing I find myself mindful of Senator Hat- racy in the Middle East, Israel. He is a body will address in what remains of field, and I am likewise committed to man who murdered his own people in the 107th Congress. working for peace. chemical attacks and systematically Let me start by saying that Saddam I am also very mindful of the Orego- attempted to destroy an ethnic minor- Hussein is a dangerous man. As many nians who have expressed to me their ity in his nation. To believe that Sad- of my colleagues have already pointed hopes and prayers for peace. And it is dam Hussein would hesitate to launch out, he has actively engaged in attack- precisely because I want peace that I future attacks would be to turn a blind ing Americans in the region. He has ac- stand today to express my support for eye to a lethal mix of weapons of mass tively engaged in deploying chemical this resolution. destruction and terrorists waiting to and biological weapons against his own I believe in peace and diplomacy. use them. In addition to the arms we are cer- people. He has participated in genocide These values have guided my service on tain he has, overwhelming evidence in- against his own people. He has contin- the Senate Foreign Relations Com- dicates that he continues to develop ually deceived U.N. weapons inspec- mittee. And rather than an immediate weapons of mass destruction with the tors. He has failed to comply with U.N. declaration of war, I strongly believe full intention of using them. High level resolutions to disarm his weapons of that this resolution is but one step in a Iraqi defectors have provided similar continuing diplomatic process. mass destruction. He was involved in evidence of biological and nuclear I have no doubt that Saddam Hussein an assassination attempt against weapons programs, evidence that is presents an imminent threat to Amer- former President George Bush senior. substantiated by Saddam’s actions. We ica, our freedom and our way of life. He has committed serious acts of ag- know that he has sold $3 billion worth The proof lies in Baghdad. Over the gression against his neighbors. of oil illegally this year, money that is These are all acts of a man that can- last decade we have collected a consid- unaccounted for, while importing ma- erable body of evidence that Hussein is not be trusted. terials used in nuclear enrichment pro- Back in 1998, the Senate passed the amassing weapons of mass destruction, grams. All the while, he has called Iraqi Liberation Act that declared it weapons that he has already used on Iraq’s nuclear scientists ‘‘the salvation should be the policy of the United his own people. of his nation.’’ States to seek to remove Saddam Hus- It is only with a heavy heart that On September 12, President Bush out- sein from power in Iraq and replace any of us can reach the solemn conclu- lined these facts when he spoke to the him with a democratic government. I sion that our young men and women United Nations. As he said then, Sad- supported this bill and believe that may have to risk their lives in defense dam is truly defying the U.N., not only Saddam continues to be a detriment to of our Nation. But the heavy weight of the United States. The 16 resolutions his people. The Iraqi people deserve a proof moves us now to prevent the loss Iraq has violated were not issued by chance to be free from a vicious dic- of more American lives. the U.S. Congress, but by the U.N. Se- tator. More than a decade ago, the United curity Council, the highest body of Our actions today go far beyond de- States led a coalition of nations international diplomacy. While few claring Saddam a danger to his people against the tyrannical regime of Sad- reasonable people would disagree that and to the rest of the world. Our ac- dam Hussein. The United Nations reso- Saddam Hussein is dangerous and will tions today will authorize the use of lutions that followed Saddam’s sur- attack America and its allies whenever force in the case Saddam refuses once render required Iraq, among other it is possible, the President was correct again to defy U.N. resolutions and dis- things, to halt its chemical, biological in seeking international support for arm. Our actions today could send our and nuclear weapons programs, ac- confronting Iraq. sons and daughters to battle. And, our count for POWs from the Gulf War, and Diplomacy and efforts toward peace actions today, if not handled cau- cease its support for terrorism. Since are always preferable to war. But if tiously, could erupt into a conflict we that time, Saddam Hussein has contin- war is unavoidable, it is best to have as a nation are not prepared to address. ually and flagrantly violated the U.N.’s the backing of the world community. This is not something we can take requirements. In less than 12 years, he Immediately following the president’s lightly. has defied 16 Security Council resolu- call to action, international support Last week, a bipartisan group of Con- tions and provoked at least 30 Council began to increase. And the president gressmen and Senators brokered an statements condemning these viola- continues to build on that support. I agreement with the President and pro- tions. He has exploited the goodwill of believe that with the passage of this duced a resolution that strikes a good the international community, op- resolution we will see our allies join in balance between diplomacy and force. pressed his people, devastated his na- lending our sons and daughters in seek- The resolution supports exhausting tion and developed weapons of mass de- ing a peaceful regime in Iraq. diplomatic means to disarm Saddam struction. The United Nations now has the op- prior to engaging in the use of force. It Today, as it was then, we are called portunity to prove itself to be an im- also provides the President with ade- as Americans not simply to contribute portant world body. It is incumbent quate flexibility to do what needs to be to an international coalition, but to upon the U.N., and especially the Secu- done in the case that Saddam refuses lead it. That obligation became all the rity Council, to ensure that if Saddam

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President Bush is to be com- destruction once and for all. able young man named Byran mended for calling on the United Na- I also took to heart the President’s Bertrand. Bryan was a 23-year-old Ma- tions to confront this menace and statement in his address to the nation rine who gave his life for his country Iraq’s flagrant disregard of past Secu- Monday night in which he said that the when his C–130 crashed into a mountain rity Council Resolutions. It remains to pending congressional resolution giv- near the Afghan-Pakistan border. The be seen whether and how the UN Secu- ing him the right to use force if nec- memorial service program included ex- rity Council will meet head-on the di- essary, ‘‘does not mean that military cerpts from the last letter that Bryan rect challenge posed by the continued action is imminent or unavoidable.’’ had send this parents. failure of Saddam Hussein and the Gov- That statement is consistent with the In this letter he explained why he ernment of Iraq to fully comply with 16 approach I believe in, which can maxi- had turned down the opportunity to re- resolutions approved by the Council mize the strength of our coalition and turn to duty in the United States. since 1991, including an ironclad re- the success of our policy. Accordingly, ‘‘You know me,’’ wrote the former high quirement that Iraq destroy all of its at this point in time, I believe the school athlete, ‘‘I always hated sitting biological and chemical weapons, dis- President and the Congress should be on the bench.’’ mantle its nuclear program, and sub- united and focused like a laser on get- In those words, we can find our call- mit to rigorous international inspec- ting the strongest possible, enforceable ing as a Nation. If Saddam Hussein tions to verify its compliance. resolution through the U.N. Security does not comply with United Nations But there is a right way and a wrong Council. That is why I will vote for the resolutions and if he continues to build way to confront Saddam Hussein and Levin resolution and why I ultimately and stockpile weapons of mass destruc- to force him to relinquish all of the will vote for the Lieberman resolution, tion, then America can no longer sit on weapons of mass destruction at his dis- too, if that is the final choice. But I the bench. We must take the heavy posal. Our policy, and certainly any want to be very clear that in voting for mantle of leadership to seek a peaceful fateful decision to actually go to war, these resolutions, this Senator is not regime change. This burden rests on must be made after careful delibera- voting for immediate war with Iraq. I the President, on the Congress, but tion and in full accordance with the am voting for them in order to give the more importantly, it rests on the peo- U.S. Constitution and our Nation’s President and Secretary of State Pow- ple of the United States. For it is the laws. No President of either political ell the maximum leverage to persuade American people, 3,000 of whom died on party should be allowed to take our na- the UN Security Council to promptly September 11, 2001, who are Saddam’s tion into war like the one that is now approve a new, tough, resolution that targets. We are targets because ours is possible solely on his or her own au- requires Iraq to immediately allow un- a Nation that is the beacon of liberty thority. That is why last July Senator conditional, unfettered inspections de- in the world. We must never forget SPECTER and I were the first members signed to secure the complete disar- that, and we must never take it for of the Senate to introduce bipartisan mament of Saddam Hussein’s weapons granted. legislation to require the Congress to of mass destruction. There should be Mr. HARKIN. Mr. President, the de- debate and vote on a resolution to re- clear consequences that follow from his bate here in this chamber is being held quire the Congress to debate and vote failure to comply. And the UN inspec- in community halls, meeting places on a resolution authorizing the use of tors should be given enough time to and living rooms across America and force by American armed forces complete their work and to determine across Iowa. Many Iowans have told me against Iraq before the President whether Iraq can be disarmed short of in recent weeks that going to war issued such an order. I think the Presi- going to war. should be the last resort for our Nation dent was right to provide additional in- I am concerned that if we imme- and I agree with them. formation to the Congress and the diately move to unilateral U.S. mili- Saddam Hussein is a brutal dictator, American people and to put this issue tary action or in concert with only our who has brought nothing but pain and before the Congress with the draft reso- British allies we will weaken our coali- suffering to the Iraqi people and threat lution of three weeks ago. tion efforts to wage and win the inter- and instability to his neighbors In my view, that first draft amounted national fight against terrorism. This throughout the Persian Gulf and the to a blank check for the President to would also undermine international re- Middle East. He invaded Iran before he go to war with Iraq and other countries spect for the rule of law and the multi- invaded Kuwait. He has aided and abet- in the region, whenever he saw fit, and lateral problem-solving institutions ted the suicide bombers. He is guilty of regardless of whether we had the back- that America helped to create and countless crimes against humanity. He ing of our allies inside and outside the which have served as the foundation has even used chemical weapons region or in the international commu- for principled U.S. leadership in the against men, women and children in nity. I have said that I could not have world for 50 years and more. Indeed, I his own country. I understand the supported that resolution. It was too am concerned that precipitous U.S. grave danger posed to America and the broad, too unqualified, and too far- military action against Iraq could re- whole international community by reaching. I am glad that since then Re- sult in our nation and world becoming weapons of mass destruction in the publican and Democratic Senators less rather than more stable and se- hands of a reckless dictator like Sad- across the political spectrum have rec- cure. Under the terms of these resolu- dam Hussein. Since the terrorist hi- ognized the need to narrow and im- tions, the President will be required to jackings and anthrax attacks in Amer- prove upon the President’s initial re- report to the Congress every 60 days on ica last year, which wantonly took the quest. Senators BIDEN and LEVIN, on-going diplomatic efforts at the UN lives of more than 3,000 people, all Chairmen of the Senate Foreign Rela- Security Council and elsewhere to es- Americans are rightly concerned about tions Committee and Armed Services tablish a tough new inspections regime the safety of our homeland and united Committee respectively, held essential and to force Saddam Hussein to de- in supporting the brave men and hearings and formulated thoughtful stroy his weapons of mass destruction. women who defend us and the cause of legislative proposals. Their work reaf- At that time, we will have the oppor- freedom around the world. firms that the focus of U.S. policy tunity to examine the issues again. No- While there is not definite evidence should be to secure the disarmament of body knows for certain at this time, in- of prior close collaboration between Iraq’s weapons of mass destruction and cluding the President of the United the al-Qaeda criminals who attacked the establishment of a new, effective States, how best to compel Iraq to get our nation last year and Saddam Hus- international inspections regime to en- rid of all of its weapons of mass de- sein, there is no doubt they might find force that policy. Their careful ap- struction. But we do know, we all

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10328 CONGRESSIONAL RECORD — SENATE October 10, 2002 agree, that war must be a last resort, on Iraqi soil. And Saddam Hussein and Gore belittles the victory in Afghani- not a first response. We must work his henchmen continue to make bil- stan—against what he describes as a with the international community as lions of dollars by exploiting the U.N.’s ‘‘fifth rate military power’’—why was much as possible to find new and en- oil for food program and through other it that his own administration failed to forceable means to deal with the Iraqi illicit activities. take decisive action to topple the danger in ways that make this a safe Although the regime recently proved Taliban and al-Qaida? One might sur- world. that it can fool some embarrassingly mise that they were too busy ‘‘feeling Mr. MCCONNELL. Mr. President, the naive visiting American lawmakers pain’’ to inflict any. resolution authorizing the use of force into believing its empty assurances of Mr. Gore’s characterization of the against Iraq is before us. cooperation and compliance, they are pre-emptive use of force to prevent ter- We are being asked to decide some not duping this Senator—or the Presi- rorist attacks as ‘‘a troubling new ele- fundamental questions about the world dent. ment’’ of U.S. foreign policy is simi- in which we live. But more signifi- More importantly, the American peo- larly misguided. In the post-September cantly, we are being asked to decide ple will not follow the lead of these 11th world, the Bush doctrine of pre- what kind of world we choose for our modern-day Neville Chamberlains and emption makes plain old common children. allow the United States to be played sense. Who among us disagrees that Essentially, the question is this: Is for a fool. For it is only a fool who does terrorists should be destroyed before the world going to be safer today, to- not learn from past mistakes, and the they have a chance to again bring morrow and in the years ahead if the world has ten years of Iraqi lies from death and destruction on our family, United States leads an effort to rid the which to learn. Speaking before the friends, or neighbors? What do we say world of not only Iraqi weapons of United Nations General Assembly a to the victims of a terrorist attack mass destruction, but of a ruthless terday after the anniversary of the Sep- that we could have prevented—sorry, rorist-supporting despot as well? tember 11th attacks, President Bush but Moscow, Paris, or Beijing objected Here is what we have learned. challenged the United Nations to main- to pre-emptive action? The fact is that that America has the There is agreement that Saddam tain its relevancy in a world challenged right and the responsibility to protect Hussein is amassing weapons of mass by terror: destruction—chemical, biological, and and defend its citizens against ter- Iraq has answered a decade of U.N. de- rorism—be it from al Qaida terrorists even nuclear—but some continue to na- mands with a decade of defiance. . . . [Amer- ively believe that diplomatic initia- ica] will work with the U.N. Security Coun- or weapons of mass destruction in Iraq. tives and weapon inspections must be cil to meet our common challenge. If Iraq’s Let me also dispel the myth that given a chance to succeed. There is regime defies us again, the world must move military action against Iraq will de- consensus that Iraq is a state sponsor deliberately, decisively to hold Iraq to ac- tract from ongoing operations against of terrorism, but some believe that count. We will work with the U.N. Security al-Qaida. Secretary of Defense Donald America should not act alone against Council for the necessary resolutions. Rumsfeld testified before Congress last Iraq and that an attack on Iraq will de- The fact is that President Bush is month that ‘‘. . . Iraq is part of the tract from our ongoing pursuit of al- giving the United Nations and the global war on terror. Stopping terrorist Qaida. There is concurrence that Sad- international community a final regimes from acquiring weapons of dam Hussein is a mass murderer of chance to disarm Saddam Hussein mass destruction is a key objective of Iraqi, Kurdish, Kuwaiti and Iranian through diplomatic means. But under that war. And we can fight all elements men, women, and children, but some no illusions of Saddam Hussein’s vio- of the global war on terrorism simulta- believe that Iraq poses no immediate lent and irrational character, the neously.’’ We have no choice but to fight these threat to the American people or those President has made clear that if reason threats simultaneously. Our nation is in Saddam’s backyard, including our fails, force will prevail. I am reminded of President Franklin Roosevelt in- at war. Given Saddam Hussein’s use of allies. chemical and biological weapons My views on this issue could not be sights into Nazi Germany and Adolph against his own people and his neigh- more clear: Our Commander in Chief Hitler: ‘‘No man can tame a tiger into bors, it is reckless to dismiss the im- has requested the authority to use a kitten by stroking it. There can be mediacy of the threats posed by his re- force against Iraq to ‘‘defend the na- no appeasement with ruthlessness. There can be no reasoning with an in- gime to the United States. We already tional security of the United States know that he is a mass murderer and cendiary bomb.’’ against the continuing threat posed by that he is armed and dangerous—to Unfortunately, some of my col- Iraq’’ and Congress must authorize it treat him otherwise is folly. and must do so now. leagues seem to ignore this indis- Saddam Hussein is also a danger to Nine days after the al-Qaida attacks putable truth—and the fact that Amer- the region. Those nations reluctant to on our soil, President Bush promised ica is at war against global terrorists. confront him would be wise to take Congress and the world that America Former Vice President Al Gore’s recent note of the British Government’s as- would bring the war on terrorism to attack on the President for his conduct sessment that Iraq is capable of deploy- the terrorists wherever they may hide. of the war was ill-timed and ill-ad- ing chemical and biological weapons He intends to do just that in Iraq. This vised. A self proclaimed hawk, Mr. within 45 minutes. Congress and our entire nation stood as Gore alleged in a recent speech that in With Fort Campbell and the 101st one with President Bush following the a single year, President Bush ‘‘squan- Airborne Division in Kentucky, I un- September 11th attacks. A year later, dered the international outpouring of derstand firsthand what risks are posed we must continue to stand behind his sympathy, goodwill, and solidarity to our military personnel by an attack outstanding leadership in combating that followed the attacks of September on Iraq. Having fired the opening shots terrorism around the globe. This war 11th and converted it into anger and of Operation Desert Storm more than a on terrorism will not end—it must not apprehension aimed much more at the decade ago, the Screaming Eagles are end—until terrorists and their sup- United States than at the terrorist net- no strangers to that country. They— porters are destroyed. work. . . . ’’ This is utter nonsense, and and the Special Forces soldiers of the Let me say to my colleagues who the American people are right to ex- 5th Group and the Night Stalkers of suggest that diplomatic initiatives and pect more from a former national lead- Task Force 160—are professionals, the weapon inspections can prevent the er. best of best. America is fortunate to coming conflict with Iraq to look at re- Mr. Gore seems to have forgotten have such dedicated patriots serving on cent history. Saddam Hussein has vio- that in a single year the Bush adminis- our front lines. We can be secure in the lated each and every one of the 16 U.N. tration liberated the people of Afghani- knowledge that if these troops return Security Council Resolutions per- stan from oppressive Taliban rule, de- to the region, they will answer the call taining to Iraq. His armed forces con- stroyed and disrupted al-Qaida oper- with the same determination and dedi- tinue to fire on American and coalition ations in South Asia and throughout cation as they did in 1991. aircraft in the no-fly zone. Al-Qaida the world, and bolstered homeland de- Let me conclude by saying that we terrorists continue to leave footprints fense for the American people. If Mr. did not ask for this war on terrorism.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10329 But we will fight it and win it—on our compel this long sought-after and Ms. LANDRIEU. Mr. President, as terms and conditions. much-evaded disarmament of weapons Members of this body, there is no issue Mrs. FEINSTEIN. Mr. President, I of mass destruction. Disarming Iraq we face as grave and important as de- have come to the floor to state that, under Saddam Hussein is necessary and termining whether we should authorize after much deliberation, I have decided vital to the safety and security of force against Iraq that might place our to vote for the resolution introduced America, the Persian Gulf and the Mid- men and women in uniform in mortal by Senators LIEBERMAN, WARNER, BAYH dle East—let there be no doubt about danger in order to protect the freedoms and MCCAIN. this. But the decision to cast this vote we cherish, and extend these freedoms In two prior floor statements, I have does not come lightly. I continue to to the people of Iraq, through the dis- expressed my views. I serve as the sen- have serious concerns that there are armament of a tyrant committed to ior Senator from California, rep- those in the administration who would harming his own people and the rest of resenting 35 million people. That is a seek to use this authorization for a the world. As a member of the Armed formidable task. People have weighed unilateral, preemptive attack against Services Committee, and as a citizen, I in by the tens of thousands. If I were Iraq. I believe this would be a terrible have given great consideration and just to cast a representative vote based mistake. thought to this course of action. Can I on those who have voiced their opin- But I am reassured by statements in good conscience authorize the use of ions with my office—and with no other made by the President in his address to force that could place someone’s child, the United Nations on September 12, factors—I would have to vote against or my child, or someone’s husband, which conveyed a major shift in the ad- this resolution. But as a member of the wife, mother, or father in harm’s way? ministration’s approach—turning away Intelligence Committee, as someone Should the President commit troops to from a preemptive strategy and, in- who has read and discussed and studied Iraq, American blood will certainly be stead, engaging and challenging the the history of Iraq, the record of obfus- shed. But, the authorization of force is U.N. Security Council to compel Iraq’s cation and the terror Saddam Hussein recourse we must take. has sown, one comes to the conclusion disarmament and back this with force. For 11 years, Saddam Hussein has I deeply believe that it is vital for the that he remains a consequential openly violated 16 U.N. resolutions U.N. Security Council to approve a threat. calling on him to disarm; cease his pro- new, robust resolution requiring full Although the ties between Saddam duction of weapons of mass destruc- and unconditional access to search for Hussein and al-Qaida are tenuous, tion; and stop the ethnic cleansing of and destroy all weapons of mass de- there should be no question that his his own people. For 11 years, the people struction. Unfortunately, the Security entire government is forged and held of Iraq have suffered. Furthermore, Council has not yet taken this action. together by terror: The terror of secret Saddam Hussein has made the world a Nor do we, at this time, know if they police in station wagons on street cor- much more dangerous place. His relish ners watching; The terror forged will. If one believes Iraq is a real threat, to produce chemical, biological, and through assassinations and brutal mur- and I do, and if the United Nations fails nuclear weapons has only increased ders of anyone who disagrees with him; to act, then the only alternative is since the end of the Gulf War. Now, we And yes even of his own family mem- military action led by the United have learned that he is harboring al- bers. States. Ironically, this authorization of Qaida terrorists; strengthening his ties While the distance between the use of force may well prompt the Secu- to al-Qaida; and financing terrorist or- United States and Iraq is great, Sad- rity Council to act. Because if they do ganizations that promote suicide bomb dam Hussein’s ability to use his chem- not, the United Nations becomes a attacks in Israel. ical and biological weapons against us paper tiger unable to enforce its man- I am confident that the enactment of is not constrained by geography—it dates and unwilling to meet the chal- this resolution will give our President can be accomplished in a number of dif- lenge of this new day of danger. the tools he needs to bring the world ferent ways—which is what makes this For the past 11 years, Saddam Hus- community together to disarm this threat so real and persuasive. I sup- sein has prevaricated, manipulated, de- brutal tyrant through diplomacy. But, ported the Levin amendment, which ceived and violated every agreement he this resolution also gives the President authorized use of force pursuant to has made to disarm. If the past is pro- authority to follow diplomacy with U.N. Security Council action, because logue, this record means that arms in- force, if necessary, to ensure that the it was the strongest resolution sup- spections, alone, will not force disar- threats Saddam Hussein brings to the porting a multilateral effort. I believe mament. The great danger is a nuclear world are neutralized. a multilateral effort, through the one. If Saddam Hussein achieves nu- The threat from Saddam Hussein’s United Nations, provides a strong clear capability, the risk increases ex- WMD programs is real and growing moral imprimatur and as such is pref- ponentially and the balance of power every day we fail to take action to dis- erable to America’s taking preemptive shifts radically in a deeply menacing arm him. He has used WMD against his action that could have consequences way. As I said on this floor in earlier own people and his neighbors. We tomorrow and years after that—con- remarks, I believe that Saddam Hus- should not wonder whether he has any sequences we cannot imagine or even sein rules by terror and has squirreled interest in using them against the U.S. begin to understand today. away stores of biological and chemical or our allies. The original resolution sent to Con- weapons. He has used them on Kurdish As chair of the Emerging Threats and gress by the President would have au- villages and in his invasion of Iran. Capabilities Subcommittee, along with thorized a broad and sweeping use of Evidence indicates that he is engaged Senator ROBERTS, the Subcommittee force whenever or wherever he deemed in developing nuclear weapons. How- held a hearing in February to inves- necessary—literally any place on ever, today the best authorities I could tigate the status of his WMD programs earth. It would have authorized the find indicate he does not yet have nu- since inspectors left and the threat newly promulgated national security clear capability. But this is only a those weapons could pose to the U.S. strategy of unilateral preemptive use question of time. And we cannot let At that hearing, the Subcommittee of force in the defense of the nation in Saddam Hussein become a nuclear was faced with the blunt findings that the war on terror. The resolution be- power. Saddam successfully hid weapons while fore us does not grant such a sweeping And, so, it is my intention to vote U.N. inspectors were in Iraq. Moreover, use of force. Rather, the use of force is yes on the resolution before us. I do so there are no mechanisms in place to confined to Iraq and targeted toward with the hope that the United Nations prohibit Iraq from ramping up its pro- forcing Iraq to comply with 16 Security will rise to the challenge and with the duction of biological and chemical Council resolutions passed in the wake trust that the administration forge a weapons, and its quest for nuclear of the Persian Gulf war in 1991. coalition rather than go it alone. And I weapons. Most importantly, I believe the Lie- do so with the fervent prayer that it At the hearing, Anthony Cordesman, berman resolution becomes a catalyst will not be necessary to place Amer- from the Center for Strategic and to encourage prompt, forceful and ef- ica’s fighting forces or innocent civil- International Studies, stated Iraq ad- fective action by the United Nations to ians anywhere in harm’s way. mitted in 1995, ‘‘that it had produced

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10330 CONGRESSIONAL RECORD — SENATE October 10, 2002 30,000 liters of bulk biological agents. and Capabilities Subcommittee’s hear- ture U.N. resolutions against Iraq. This Iraq admitted it produced anthrax, bot- ing on Iraq’s WMD programs on Feb- resolution does not give the President ulinum toxins, and aflatoxins.’’ We ruary 27, 2002. Mr. Duelfer was the Dep- carte blanche to use force throughout must remember it took only a few uty Executive Chairman of UNSCOM. the Middle East for any reason. Force grams of Anthrax to throw the Senate He said that it is inconceivable that is only authorized to bring Iraq into and the East Coast of the U.S. into dis- Iraq did not resume its WMD programs compliance with U.N. resolutions—so array. Worse yet, Iraq admitted it had after UNSCOM left. Mr. Duelfer said it that Iraq disarms its WMD; ceases pro- affixed these biological agents to mis- is difficult ‘‘to imagine circumstances duction of WMD; does not threaten its sile warheads and bombs. under which this regime would end neighbors, and does not repress and Dr. Cordesman went on to say that these programs’’ of WMD because . . . commit atrocities against its citizens UNSCOM believed Iraq had produced as ‘‘the regime in Baghdad will devote full with WMD. much as 120,000 liters of biological resources to its weapons programs . . . This resolution correctly authorizes weapons, not the 30,000 it admitted— This has not changed even under sanc- force for the violation of all 16 U.N. enough to kill millions. Furthermore, tions . . . The regime seeks to domi- resolutions, because Saddam’s crimes UNSCOM has been out of Iraq for 4 nate the region . . . The use of force against humanity should concern years, yet UNSCOM stated that Iraq comes naturally’’ to Saddam Hussein. America as much as his WMD capabili- could reconstitute its biological weap- WMD are his tools to dominate the re- ties. ons program within a matter of weeks gion. If we wait to pass this resolution, America has been a tremendous de- after UNSCOM’s departure. Imagine Saddam will only continue to enlarge fender of human rights. But, at times, the destruction that could be caused by his WMD program; threaten the Middle we have not always defended the vic- Saddam Hussein with his unchecked in- East; and then threaten the U.S. He tims of ruthless dictators. ventory of hundreds of thousands of li- In Rwanda, 800,000 Rwandans were will never end his programs unless the ters of biological weapons. Again, he slaughtered in 12 months, yet America world reins down on him to eliminate has the capability to injure or kill mil- did nothing to stop the ethnic cleans- his tremendous capacity for killing. lions. ing. America’s failure to act in Rwanda This resolution is the proper tool to The Subcommittee also received tes- could be the lowest point in American give the Administration a firm hand in timony that Iraq has actively rebuilt history. We should not make the same negotiating with the world to disarm its chemical weapons programs since mistake by turning a blind eye to the Saddam Hussein and eliminate his ca- UNSCOM was thrown out of Iraq. Kurds and Shiites Saddam has tortured pacity to kill. We should pass the Lie- UNSCOM reported to the Security for years. Any resolution to dismantle berman-McCain Resolution imme- Council that Iraq withheld information his WMD must also call for him to end diately and overwhelmingly to show related to Iraq’s chemical weapons pro- ethnic cleansing in Iraq. gram. UNSCOM uncovered only a small the world we are united. We must not In 1944, two Jews who escaped Ausch- portion of Iraq’s chemical weapons. In tie the President’s hands and the hands witz—and revealed the horrors of con- fact, Iraq confiscated information of Secretary Powell to negotiate a new centration camps to the world—asked gathered by UNSCOM regarding Iraq’s Security Council Resolution that calls the U.S. War Department and the War chemical weapons, so the information for the disarmament of Iraq—and the Refugee Board to bomb train tracks could not be transmitted to the Secu- threat of force against Iraq if Saddam leading to Auschwitz so no more Jews rity Council. Iraq also told UNSCOM does not abide by the resolution. We could be brought there. U.S. bombers Iraq had not armed missiles with VX can bring the Security Council on were already bombing fuel dumps near gas—one of the deadliest of nerve board if we can show them the United Auschwitz. Yet the War Refugee Board agents. Yet, in 1998, UNSCOM discov- States stands together to disarm Sad- refused this simple request. John ered missiles tipped with VX. Soon dam Hussein. If this body is divided, McCloy, the head of the Refugee Board, after, UNSCOM was told to leave Iraq the U.N., and especially Saddam Hus- denied the request. He stated the oper- and Iraq has resumed chemical weap- sein, will pay us no mind. ation did ‘‘not warrant the use of our ons production. It takes only 10 milli- The best outcome is a new Security resources.’’ How could saving lives not grams of VX to kill a person. A wine Council resolution that calls for unfet- warrant the use of American resources? bottle full of VX could kill at least 75 tered inspections throughout Iraq, in- As a result, between 500,000 and 800,000 people. We must find out how much VX cluding Saddam’s presidential palaces; Jews died at Auschwitz in the final Saddam has, and destroy it. the disarmament of all WMD; and the year of WWII. These lives could have Moreover, Saddam Hussein is devot- threat of force should Saddam Hussein been saved, but we did not make it a ing much of his defense budget to be- not comply. That outcome has a better priority. coming a nuclear power. After the Gulf chance of becoming a reality if we pass We shouldn’t now say that human War, we learned from the U.N. weapons this resolution. rights are not worthy of U.S. and inter- inspectors that Iraq was within 1 year The new U.N. resolution the Presi- national diplomacy. We should not say of developing nuclear weapons. Prior to dent and Secretary Powell seek is our that we are unwilling to disarm a dic- the war, we thought Iraq was 5 to 7 best chance to avoid a war. But the tator who brutalizes his people. If we years away. Since 1998, we cannot say threat of force must be present to en- do, we will have failed the world, again. with any certainty that we know the force a new resolution because Saddam Fortunately, I think this body and status of Iraq’s nuclear program. Once only understands force. Again, Charles the American people do care about again, Saddam could be less than a Duelfer testified before the Iraqis were human rights. We stood up for human year away from a nuclear bomb. The perfectly willing to thumb their nose rights in Kosovo. We used force against world must know how close he is, and at UNSCOM because the U.N. had not a sovereign leader, Milosevic, who was he must stop his nuclear development. authorized force to make Iraq comply. committed to the genocide of ethnic Once he develops a nuclear program, Iraq’s Deputy Foreign Minister, Albanians. Through American force, we will never be able to shut it down. Tariq Aziz, regularly told Mr. Duelfer, Milosevic was removed from power and For these reasons, we cannot take ‘‘You are not General MacArthur (re- indicted for numerous war crimes. We our time in passing this resolution. We ferring to MacArthur’s occupation/dis- did the right thing for an oppressed must act now. Saddam Hussein has armament of the Japanese) . . . There- people. And, I must remind you Presi- shown, on numerous occasions, his fore, there are limits to what you can dent Clinton did not seek Congres- willingness to use WMD to attack his do.’’ What Aziz meant was you have no sional authorization to use force in countrymen and his neighbors. He has authorized force; you have no army Kosovo. Today, unlike in Kosovo, the killed 20,000 Iraqis in 40 villages with with you to make us show you what we President does seek Congressional ap- WMD. As President Bush said two have and where it is. A new resolution proval for force in an effort to seek a nights ago, ‘‘Saddam Hussein is a hom- will only work if the threat of force unified American front to disarm an- icidal dictator who is addicted to weap- lurks behind any Iraqi failure to obey. other leader threatening his people and ons of mass destruction.’’ This resolution is also a narrowly the world. I want to read from Charles Duelfer’s tailored authorization of force. It seeks But, I must say, again, that force is testimony before the Emerging Threats peace before war to enforce past and fu- a last option under this resolution. The

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10331 resolution requires the president not to When he addressed the United Na- wheel of a rolling weapon, it is only a use force until he presents his deter- tions on September 12, 2002, President matter of time before the drunk driver mination to Congress that diplomacy is Bush convincingly and accurately pre- crashes into another car, kills an inno- no longer an option. This resolution is sented the case against Saddam Hus- cent bystander or causes immense not a call to arms. The President will sein and his flouting of international damage to someone’s personal prop- not roll tanks into Iraq as soon as we norms and agreements. President Bush erty. Saddam is this drunk driver ca- pass the Lieberman-McCain resolution. rightly called attention to Saddam reening along the road, a threat to all As the President said on Monday, ‘‘War Hussein’s abysmal track record on those innocents who have the misfor- is neither desirable nor inevitable.’’ complying with the terms of disar- tune to cross his path. It is time to get War can be avoided. mament he accepted at the conclusion Saddam off the road before he can kill The President will seek Security of the Persian Gulf war. In so doing, or injure innocents who cross his path. Council support and support from other President Bush bucked current inter- For those who are critical of discus- allies to bring about a diplomatic an- national attitudes that would prefer sion or references to ‘‘regime change,’’ swer to disarm Saddam Hussein. I have that we not call attention to his re- I call to your attention section 3 of the no doubt that the President’s first hope gime’s activities. Iraq Liberation Act of 1998, P.L. 105– is to neutralize the Iraqi threat with- Ever since the conclusion of the Per- 338. Section 3 of the act states: ‘‘It out invading Iraq. sian Gulf war, we have seen Saddam be- should be the policy of the United But, if a Security Council resolution have with contempt towards those States to support efforts to remove the cannot be achieved and Saddam con- countries that see value in the United regime headed by Saddam Hussein tinues to jeopardize the livelihood of Nations resolutions and that ulti- from power in Iraq and to promote the Americans—or if Saddam violates any mately seek a peaceful and stable Mid- emergence of a democratic government future resolution—the President should dle East. For more than 10 years, the to replace that regime.’’ Through this have the authority to use force. Be- world looked the other way and ig- provision, Congress has already ex- cause his most important job as Com- nored the problem with the hope that pressed its views on this subject. I ap- mander in Chief is to keep the Amer- Saddam Hussein and his regime would plaud the efforts of the Bush adminis- ican people safe from a tyrant. go away. Regretfully, Saddam Hussein tration to engage Iraqi opponents of In conclusion, I want to, once again, has displayed remarkable staying Saddam Hussein and to work with reiterate my support for the Lieber- power and a powerful appetite for ac- these groups to provide a democratic man-McCain resolution. As a co-spon- quiring weapons of mass destruction. alternative to this tyrant. sor, this resolution is America’s best I commend President Bush for seek- The United States has a strong effort to stand united to show the ing congressional authorization for record of restoring order and culti- world, and especially Saddam Hussein, possible military action against Iraq vating democracy in post-conflict re- that we are committed to disarm Iraq’s and for consulting with Congress on gions of the globe. Examples such as weapons of mass destruction, which are the drafting of a truly bipartisan reso- post-World War II Germany and Japan a clear and present danger to America lution. In response to those who con- are stellar illustrations of how the U.S. and the world. Hopefully, this can be demn the United States for displaying has worked to better defeated nations accomplished diplomatically with the ‘‘unilateralism,’’ President Bush took that strayed from the norms and rules world-wide support. But, this resolu- his case to the United Nations and of acceptable international behavior. tion also sends a clear signal that we forced the world to acknowledge the re- In addition, unlike Afghanistan, Iraq is are willing to use force to change Iraq’s alities of the Iraqi transgressions. The a wealthy nation with natural re- ways if Iraq continues to threaten the President is also right to seek a United sources, an educated populace and a U.S.; if Iraq disobeys a new Security Nations Security Council resolution middle class—all elements that will Council resolution; or if the President authorizing a return of weapons inspec- bolster the chances of democracy thriv- determines all diplomatic efforts have tors to Iraq. These inspectors must ing in this country. There is no reason been exhausted. At that time, force have unfettered access to suspected to expect that with a concerted effort may be necessary for America to de- weapons sites in Iraq. There can be no by the U.S. and other democratic na- fend herself. This resolution is the conditions or dickering over Iraq’s nations that Iraq cannot join Israel as proper mix of diplomacy and force. As tional sovereignty. Saddam Hussein the only other Middle Eastern democ- President Kennedy said, ‘‘Either alone, lost a war he initiated, he sued for racy. will fail.’’ I hope the Senate will pass peace, and he needs to accept the terms But perhaps most important, benign this resolution overwhelmingly to and conditions he pledged to honor. To neglect is not morally acceptable. show solidarity and resolve to our expect anything less would be to con- Looking the other way will not and friends and our enemies. done his transgressions. cannot improve the situation in Iraq Mr. SANTORUM. Mr. President, I The President is being practical by and the threat Saddam Hussein poses rise tonight to address the important raising the ‘‘what if’’ element to the to the world. There is a parallel be- resolution pending before the Senate debate. History has shown Saddam will tween today’s situation and the situa- concerning the authority to use mili- go to elaborate measures to conceal tion that confronted the civilized West- tary force against the Republic of Iraq. and elude efforts to uncover his weap- ern World of the 1930s. In that era, I firmly believe that this resolution we ons of mass destruction capabilities democratic leaders sought to appease are debating will strengthen the hand and development efforts. It is only pru- the ambitions of Adolph Hitler and the of President Bush and the inter- dent that the U.S. Congress and all Third Reich. World War II, the Holo- national community in forcing Saddam members of the U.N. Security Council caust and millions of military and ci- Hussein to disarm and to ensure his consider authorizing measures to force vilian casualties are the outcome of compliance with all relevant United Iraq’s compliance with efforts to en- that deferral of action. Nations Security Council resolutions. sure disarmament. Earlier today, the President Bush’s effort to compel I believe President Bush will do ev- House of Representatives passed this compliance with applicable U.N. Secu- erything possible before deciding to same resolution on a vote of 296 to 133, rity Council resolutions is our best commit U.S. military forces against and I firmly believe that overwhelming chance for peaceful disarmament. Not Saddam Hussein’s regime. The Presi- bicameral approval of this resolution one speaker here in the Senate has in- dent has not decided to employ mili- will strengthen the hand of the Presi- dicated that the status quo is accept- tary force, nor does this resolution de- dent in securing the strongest possible able or reasonable. It is painfully clear mand that he do so. Rather, the resolu- United Nations Security Council reso- that one way or another we—preferably tion signals to the President that Con- lution. the U.S. in concert with our allies and gress stands behind his decision to em- In plain terms, the threat posed by the support of the United Nations— ploy military force if Saddam Hussein Saddam Hussein is analogous to the must deal with Saddam and his threat fails to disarm or abide by all relevant threat posed by a drunk driver. The to our interests, our allies’ interests, United Nations Security Council reso- drunk driver is a threat to all on and in the stability of the Middle East and the lutions. close proximity to the road. Behind the interests of the civilized world.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10332 CONGRESSIONAL RECORD — SENATE October 10, 2002 In conclusion, given the events of Desert Storm, the best intelligence es- itself irrelevant in the view of the September 11th, given the past trans- timates were that Iraq was at least 5 to world. gressions of Saddam Hussein, and given 7 years away from having nuclear The U.N. Security Council is ex- the threat posed to the world by his weapons. Yet, when coalition forces en- pected to soon take up its 17th resolu- weapons of mass destruction programs, tered Iraq, we found that Iraq was 6 tion regarding Iraq. They deserve to it is imperative that we provide Presi- months to one year away, not 5 to 7 hear, not just from the President of the dent Bush with the strongest hand pos- years. United States, but the Congress of the sible to seek compliance with all appli- How close is Saddam today from ac- United States as well. cable U.N. Security Council resolu- quiring nuclear weapons capability? We can wait. We can react after the tions. The attacks of September 11th We don’t know. We have not been able fact. But at what point do we act? and the fateful decisions not taken in to place weapons inspectors in Iraq When do we recognize that Saddam is a the 1930s illustrate that there is a cost since 1998. Recent reports indicate one threat, that he does train al-Qaida, to not taking corrective action in a to five years, but just like 1991, we that he does fund the terrorists? At a prompt and decisive fashion. don’t know for sure. certain point in time, we have to face It is my sincere hope that this reso- We do know that Saddam Hussein reality. lution will rally the United Nations Se- has developed weapons of mass destruc- What if we left this session of the curity Council to draft a strong resolution—weapons such as anthrax, VX, Congress without authorizing the tion forcing the disarmament of Sad- sarin and mustard gas. Are these weap- President to take the appropriate ac- dam Hussein and his regime of terror. ons a country would use to defend tion needed to defend the national se- If the U.N. fails to act, the U.S. must itself? Or are these the weapons of an curity of the United States against the do what is in the best interest of our aggressor that would go to whatever threat posed by Iraq? national security interests and disarm means necessary to prevail? How would we feel if—God forbid— Saddam Hussein. Today represents our And let’s not forget about the threat Saddam was to take action and take best opportunity for peaceful disar- of proliferation—the threat of Saddam American lives? We would feel we had mament disarmament on our terms sharing these weapons with like mind- been derelict in our obligation. and according to standards established ed terrorist organizations who would We have an obligation to provide for by the U.N. and other civilized nations. not hesitate to use them against the the security of the people of the United To do or expect anything less is to United States and our allies. States. Do we follow a policy of ap- shirk our moral obligation to meet the Had we known in advance the tragic peasement? national security obligations of our events of September 11, 2001, there is Allowing Saddam Hussein to con- country. no doubt that the United States would tinue to build his weapons of mass de- It is for this reason that I will vote in have taken preemptive action against struction? favor of the bipartisan resolution the al-Qaida terrorist network. To continue to play a cat and mouse which is before us now. Every month, every year that Sad- game of allowing weapons inspectors Mr. MURKOWSKI. Mr. President, we dam Hussein remains in defiance of in, only to place conditions on their ac- have a dilemma where we recognize U.N. Security Council resolutions, we tions? that one individual, who has repeatedly face an even larger, more deadly threat To continue to defy the international defied the will of the international to the security of this great nation. As community, without fear of reprisal? community, almost certainly has con- the President has said, to ignore these To take the chance that those ter- trol over a concentration of weapons of threats is to encourage them. rorist networks that Saddam supports mass destruction. I am hopeful that the use of military will not take action against the United We have already seen this individ- action will not be necessary. That Sad- States—with Saddam’s weapons of ual’s willingness to use these weapons dam Hussein will fulfill the require- mass destruction? against his own people and against Ira- ments of the United Nations Security It is oil that built Iraq and it is oil nian forces during the Iran-Iraq war. Council. That he will allow full and un- dollars that keep Saddam in power. So the question is, is it inevitable obstructed access to U.N. weapons in- Oil dollars fund the weapons, the re- that sooner or later Saddam Hussein spectors to destroy all of Iraq’s weap- search, and the training camps for ter- will again use weapons of mass destruc- ons of mass destruction. But past his- rorists that give Saddam a global tion, and if so, against whom? tory does not give much cause for hope. reach. There is concern that if the United In the 11 years since the Persian Gulf Do we continue to import hundreds States and her allies use force against War, Saddam Hussein has blatantly ig- of thousands of barrels of oil from Iraq Iraq, Saddam will attempt to use his nored 16 U.N. Security Council Resolu- each day? In September 2002, it is esti- weapons of mass destruction in order tions calling for the total destruction mated the U.S. imported 550,000 barrels to remain in power. It is a legitimate of Iraq’s weapons of mass destruction. a day. In September of 2001, we im- concern and one that must not be Eleven years; 16 Resolutions. ported 1.2 million barrels a day—and taken lightly. This is not a game. We are currently broke an 11 year record. But I ask my colleagues, if we are in a limited war with Iraq. So far in The GAO reports Saddam received hesitant now, how hesitant will we be 2002, Iraq has fired on Allied fighter $6.6 billion in illegal revenue through when Saddam Hussein possesses a nu- planes 409 times, 14 times this past smuggled oil since 1997, $1.5 billion in clear capability? And what will Sad- weekend alone. Iraqi forces have fired 2001 alone. dam do when he knows we are unwill- anti-aircraft artillery 1,000 times, The number of vessels smuggling oil ing to take action? launched 600 rockets and fired nearly 60 has dramatically risen in the past few We have seen Saddam’s willingness surface-to-air missiles. Since Iraq set a months. In June through August, the to invade his neighbors—Iran and Ku- letter accepting the return of weapons Multi-national Interception Force wait. How much farther would Saddam inspectors on September 16, they have boarded 297 vessels—nearly 100 per have gone had he not been stopped by fired on Allied forces 70 times. month—with 225,000 barrels of oil. U.S.-led coalition forces? The time for appeasement is over. We Prior to that, the boarded an average In 1981, Israeli aircraft destroyed an have seen the policy of appeasement of 12 vessels per month. Iraqi military reactor capable of pro- prove ineffectual in the past. The This is the Iraqi oil that powers our ducing nuclear weapons in a surprise, League of Nations was unable to stop economy, fuels our school buses, and preemptive strike. Israel faced tremen- Germany from rearming itself and provides jet fuel for our fighters. dous criticism from the world, but a threatening her neighbors. Its policy of No longer should Iraq count on the decade later, during the gulf war, allied appeasement only served to advance United States to fund its regime. forces did not face a nuclear weapon Hitler’s ambitions. We must pass an energy bill that capability from Iraq. The United Nations now finds itself helps reduce our dangerous dependence Last month, Secretary Rumsfeld tes- in a similar situation. It can choose to on Iraq. America must not be held vic- tified before the Senate Armed Forces either enforce its own resolutions tim to the whims of Saudi kings and Committee that prior to Operation passed by the Security Council, or find Middle Eastern dictators.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10333 We have an obligation to the Amer- that disarming Saddam Hussein peace- caused in that volatile region if we go ican people. We have an obligation to fully is his first choice. I support the to war alone. send a strong, unified voice to the notion that a unified Congress sends a Because the threat of Saddam is real, United Nations—Congress and the strong message to our allies and gives I commend President Bush for taking President, hand in hand—that it is our Secretary of State more leverage America’s case to the United Nations. time to stop appeasing Saddam. as he negotiates a new and tougher We have a better prospect of disarming It is time to enforce the multitude of U.N. resolution that mandates weapons Iraq with the world behind us, than resolutions already passed and it is inspections in Iraq with military con- with our allies on the sidelines, or even time to remove the deadly threat posed sequences if Saddam resists. at odds with our mission. by Saddam Hussein. Saddam Hussein is a ruthless dic- As we approach a vote on this impor- And if the United Nations is not will- tator. He has set himself apart from tant question, I offer the strongest posing to enforce its own resolutions, if dictators of the past by using biologi- sible affirmation that good and decent the United Nations is not willing to cal weapons against his own people. He people on all sides of this debate who make itself relevant, then the United has used them before and I don’t want may in the end stand on opposing sides States must not be afraid to stand up, to be left with regret if he were to use of this decision, are equally committed to ensure that the national security of them against our military or diplo- to our national security. the United States is not endangered by matic personnel overseas, or even our The life and death issue of war and the actions of Saddam Hussein. allies. Our objective must be to disarm peace is too important to be left to pol- I support this resolution. It is time him before he can unleash his arsenal itics. And I disagree with those who to send a clear message to Saddam that of chemical and biological weapons or suggest that this fateful issue cannot we will no longer stand by while he de- before he can complete work on a nu- or should not be contested vigorously, velops these weapons that threaten the clear weapon. publicly, and all across America. When stability of the region, while he con- The time has come to no longer abide it is the people’s sons and daughters tinues to defy the will of the inter- the threat that Saddam Hussein brings who will risk and even lose their lives, national community, and while he to everything that is good in this then the people should hear and be poses a threat to the national security world. The time has come to eliminate heard, speak and be listened to. of the United States. his tools of destruction. Whether we do But there is a difference between We cannot afford the risks of inac- it alone or with the support of our al- honest public dialogue and partisan ap- tion. Not after the lessons we have lies, there can be no question that dis- peals. There is a difference between learned from September 11. armament of Iraq cannot happen with- questioning policy and questioning mo- Mrs. LINCOLN. Mr. President, I rise out the significant involvement, in fact tives. There are Republicans and today as the Mother of two sons as well the leadership, of the United States. Democrats who support the immediate as a proud member of this body. So I have concluded that Saddam use of force, and Republicans and I have come to my decision on this Hussein understands only one kind of Democrats who have raised doubts and grave matter after going to every communication. A strongly worded dissented. length to gather as much information U.N. resolution with the solid military In this serious time for America and as I could, then weighing it carefully backing of the Security Council may many American families, no one should with the general sentiment in my state change his mind about cooperating. If poison the public square by attacking that we should be very thoughtful. My it doesn’t, he must know that his evil the patriotism of opponents, or by as- constituents want us to consider the and treachery will have consequences. sailing proponents as more interested consequences of war. Today I believe that the risk of doing in the cause of politics than in the I have asked the same questions of nothing outweighs the risk of taking merits of their cause. I reject this, as the President and his national security action. President Bush has pledged to should we all. team that my constituents asked me. I me and the nation that he will exhaust Let me say it plainly: I not only con- understand that there are no easy a peaceful solution before resorting to cede, but I am convinced that Presi- choices when confronting a menace a military solution. And I intend to dent Bush believes genuinely in the like Saddam Hussein. I have decided to hold him to his word. course he urges upon us. And let me support the Lieberman-Bayh resolution I vote for this resolution with a say with the same plainness: Those because I believe it gives the President heavy heart but also with the knowl- who agree with that course have an the authority to act with military edge that we can’t have it both ways. equal obligation—to resist any tempta- force if necessary while holding him We cannot wish terrorism away with- tion to convert patriotism into poli- accountable for a preferred, peaceful out taking the necessary steps to en- tics. It is possible to love America solution. sure that our country, and certainly while concluding that it is not now I look at my sons every day and won- our children, are safe and free. wise to go to war. The standard that der what kind of a world we are cre- Mr. KENNEDY. Mr. President, we should guide us is especially clear when ating for them. I am sad that Sep- face no more serious decision in our de- lives are on the line: We must ask what tember 11, 2001 has forever changed our mocracy than whether to go to war. is right for country and not party. perspective on their future and ours. I America’s values and interests are That is the true spirit of September regret that I cannot be sure that my served best if war is a last resort. I do 11, not unthinking unanimity, but a boys will always be safe from ter- not believe America should go to war clear-minded unity in or determination rorism. But, I am ever more resolved against Iraq unless and until other rea- to defeat terrorism, to defend our val- that we have a responsibility to elimi- sonable alternatives are exhausted, and ues and the value of life itself. nate the Saddam Husseins and Osama I will vote against this resolution au- Just a year ago, the American people bin Ladens of the world. These are peo- thorizing the use of force against Iraq. and the Congress rallied behind the ple who bear an irrational hatred to- Too often in this debate, we have President and our Armed Forces as we ward America and the liberty and jus- failed to address the real effects of uni- went to war in Afghanistan. al-Qaida tice that we stand for. They have con- lateral war with Iraq. The more we de- and the Taliban protectors who gave verted that hatred into weapons stock- bate the war, the more we learn of the them sanctuary in Afghanistan posed a piles and terrorist networks that danger of going to war alone, the dan- clear, present and continuing danger. threaten our way of life. We cannot ger that it will cause to our urgent war The need to destroy al-Qaida was ur- stand idly by while they gain strength against al-Qaida and terrorism, the gent and undeniable. and underestimate our resolve. danger that Saddam may be provoked In the months that followed Sep- Today, I make a difficult choice. I into using his weapons of mass destruc- tember 11, the Bush administration choose to give our President the au- tion against us or against Israel, the marshaled an international coalition. thority to take military action against danger that allies we need will refuse Today, 90 countries are enlisted in the Iraq if necessary because I believe him to support us on other major chal- effort, from providing troops to pro- when he says he does not want to go to lenges in the years ahead, and the dan- viding law enforcement, intelligence, war. I take our President at his word gerous new instability that could be and other critical support.

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10334 CONGRESSIONAL RECORD — SENATE October 10, 2002 But I am concerned that using force operatives across many lands. But we sia has arrested nearly 50 suspected al- against Iraq before other means are have not broken its will to kill Ameri- Qaida terrorists since September 11th. tried will sorely test both the integrity cans. In March 2002, a joint U.S.-Pakistani and effectiveness of the coalition. Just As I said earlier, we still don’t know police operation arrested 29 al-Qaida one year into the campaign against al- the fate, the location, or the oper- suspects, believed to include Abu Qaida, the administration is shifting ational capacity of Osama bin Laden Zubayday, a key bin Laden deputy. In focus, resources and energy to Iraq. himself. But we do know that al-Qaida May 2002, Morocco arrested three al- The change is priority is coming before is still there, and still here in America, leged al-Qaida members in connection we have fully eliminated the threat and will do all it can to strike at Amer- with a plot to attack American and from al-Qaida, before we know whether ica’s heart and heartland again. But we British naval ships in the Straits of Gi- Osama bin Laden is dead or alive, and don’t know when, where, or how this braltar. In June, Moroccan authorities before we can be assured that the frag- may happen. also detained Abu Zubair, nicknamed ile post-Taiban government in Afghani- On March 12, CIA Director Tenet tes- ‘‘the bear’’—a top associate of Abu stan will consolidate its authority. tified before the Senate Armed Serv- Zubaydah. In June 2002, Saudi Arabia No one disputes that America has ices Committee that al-Qaida remains arrested seven al-Qaida members on lasting and important interests in the ‘‘the most immediate and serious suspicion of planning terrorist attacks. Persian Gulf, or that Iraq poses a sig- threat’’ to our country, ‘‘despite the One of them, a Sudanese, had allegedly nificant challenge to U.S. interests. progress we have made in Afghanistan been involved in a missile attack near There is no doubt that Saddam Hus- and in disrupting the network else- a Saudi airbase used by U.S. forces. sein’s regime is a serious danger, that where.’’ The United States has worked closely he is tyrant, and that his pursuit of le- Even with the Taliban out of power, with Yemen to combat terrorism, and thal weapons of mass destruction can- Afghanistan remains fragile. Security the Yemeni government recently re- not be tolerated. The question is not remains tenuous. Warlords still domi- ported that it is holding 85 suspects ac- whether he should be disarmed, but nate many regions. Our reconstruction cused of links to al-Qaida and other how. effort, which is vital to long-term sta- militant groups. How can we best achieve this objec- bility and security, is halting and inad- These arrests may seem small in tive in a way that minimizes the risks equate. Some al-Qaida operatives, no number. But we know only too well to our country? How can we ignore the one knows how many, have faded into that only 19 al-Qaida terrorists were danger to our young men and women in the general population. Terrorist at- responsible for the murder of nearly uniform, to our ally Israel, to regional tacks are on the rise. President Karzai, 3000 Americans on September 11. stability, the international commu- who has already survived one assas- It is far from clear that these essen- nity, and victory against terrorism? sination attempt, is still struggling to tial relationships, which are yielding There is clearly a threat from Iraq, solidify his hold on power. And al- tangible law enforcement results, will and there is clearly a danger, but the though neighboring Pakistan has been survive the strain of unilateral war administration has not made a con- our ally, its stability is far from cer- with Iraq that comes before the alter- vincing case that we face such an im- tain. natives are tried, or without the sup- minent threat to our national security We know all this, and we also know port of an international coalition. that a unilateral American strike and that it is an open secret in Washington A largely unilateral American war an immediate war are necessary. that the Nation’s uniformed military that is widely perceived in the Muslim Nor has the administration laid out leadership is skeptical about the wis- world as untimely or unjust could the cost in blood and treasure of this dom of war with Iraq. They share the worsen not lessen the threat of ter- operation. concern that it may adversely affect rorism. War with Iraq before a genuine With all the talk of war, the adminis- the ongoing war against al-Qaida and attempt at inspection and disar- tration has not explicitly acknowl- the continuing effort in Afghanistan by mament, or without genuine inter- edged, let alone explained to the Amer- draining resources and armed forces al- national support, could swell the ranks ican people, the immense post-war ready stretched so thin that many Re- of al-Qaida sympathizers and trigger an commitment that will be required to servists have been called for a second escalation in terrorist acts. As General create a stable Iraq. year of duty, and record numbers of Clark told the Senate Armed Services The President’s challenge to the service members have been kept on ac- Committee, it would ‘‘super-charge re- United Nations requires a renewed ef- tive duty beyond their obligated serv- cruiting for al-Qaida. fort to enforce the will of the inter- ice. General Hoar advised the Committee national community to disarm Sad- They said that spy satellite, recon- on September 232 that America’s first dam. Resorting to war is not America’s naissance aircraft and other intel- and primary effort should be to defeat only or best ocurse at this juncture. ligence analysts with regional or lin- al-Qaida. In a September 10th article, There are realistic alternatives be- guistic expertise would have to be reas- General Clark wrote: ‘‘Unilateral U.S. tween doing nothing and declaring uni- signed. action today would disrupt the war lateral or immediate war. War should To succeed in our global war against against al-Qaida.’’ We ignore such wis- be a last resort. Let us follow that al-Qaida and terrorism, the United dom and advice from many of the best course, and the world will be with us— States depends on military, law en- of our military at our own peril. even if, in the end, we have to move to forcement, and intelligence support We have known for many years that the ultimate sanction of armed con- from many other nations. We depend Saddam Hussein is seeking and devel- flict. on Russia and countries in the former oping weapons of mass destruction. Our The Bush administration says Amer- Soviet Union that border Afghanistan intelligence community is deeply con- ica can fight a war in Iraq without un- for military cooperation. We depend on cerned about the acquisition of such dermining our most pressing national countries from Portugal to Pakistan to weapons by Iran, North Korea, Libya, security priority, the war against Al- the Philippines for information about Syria and other nations. But informa- Qaida. But I believe it is inevitable al-Qaida’s plans and intentions. Be- tion from the intelligence community that a war in Iraq without serious cause of these relationships, terrorist over the past six months does not point international support will weaken our plots are being foiled and al-Qaida to Iraq as an imminent threat to the effort to ensure that Al-Qaida terror- operatives are being arrested. United States or a major proliferation ists can never, never, never threaten Support from our allies has been in- of weapons of mass destruction. American lives again. dispensable in the war on terrorism, In public hearings before the Senate Unfortunately, the threat from al- and has had real results: In December Armed Services Committee in March, Qaida is still imminent. The Nation’s 2001, Singapore officials arrested 13 CIA Director George Tenet described armed forces and law enforcement are members of a group with ties to al- Iraq as a threat but not as a on constant high alert. America may Qaida that had planned to bomb the proliferator, saying that Saddam Hus- have broken up the al-Qaida network U.S. embassy and U.S. commercial and sein, and I quote, ‘‘is determined to in Afghanistan and scattered its military targets in Singapore. Malay- thwart U.N. sanctions, press ahead

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10335 with weapons of mass destruction, and diers a day in casualties. Urban fight- weapons of mass destruction if he resurrect the military force he had being would, he said, look like the last thought his regime was in danger, the fore the Gulf War.’’ That is unaccept- brutal 15 minutes of the movie ‘‘Saving witness said, ‘‘Pretty high, in my able, but it is also possible that it Private Ryan.’’ view.’’ could be stopped short of war. We know that the senior military Before the Gulf War in 1991, Sec- In recent weeks, in briefings and in leadership is concerned about the long- retary of State James Baker met with hearings in the Senate Armed Services term consequences of an occupation. the Iraqis and threatened Hussein with Committee, I have seen no persuasive Secretary of Defense Rumsfeld testi- ‘‘catastrophe’’ if he employed weapons evidence that Saddam is not today defied in September that if force were of mass destruction. In that war, al- terred from attacking U.S. interests by used in Iraq, disarmament would take though Saddam launched 39 Scud mis- America’s overwhelming military supe- some period of time. As he said, ‘‘one siles at Israel, he did not use the chem- riority. would think there would have to be a ical or biological weapons he had. I have heard no persuasive evidence military presence, undoubtedly a coali- If Saddam’s regime and survival are that Saddam is on the threshold of action presence or a U.N. presence, for a threatened, he will have nothing to quiring the nuclear weapons he has period of time. lose, and may use everything at his dis- sought for more than 20 years. In fact, the Congressional Budget Of- posal. Israeli Prime Minister Ariel And the Administration has offered fice estimated that the cost of an occu- Sharon has announced that instead of no persuasive evidence that Saddam pation force would be $1 billion to $4 its forbearance in the 1991 gulf war, would transfer chemical or biological billion a month, depending on the size this time Israel will respond if at- weapons of mass destruction to al- of the force, and military experts have tacked. If weapons of mass destruction Qaida or any other terrorist organiza- suggested that up to 200,000 peace keep- land on Israeli soil, killing innocent ci- tion. As General Joseph Hoar, the ers might be needed for the occupation. vilians, the experts I have consulted former Commander of Central Com- However, and let me emphasize this, believe Israel will retaliate, and pos- mand told the members of the Armed the Congressional Budget Office con- sibly with nuclear weapons. Services Committee, a case has not cluded that current U.S. Army forces This escalation, spiraling out of con- been made to connect al-Qaida and would be unable to support the needed trol, could draw the Arab world into a Iraq. troop rotations for a prolonged 200,000- regional war in which our Arab allies To the contrary, there is no clear and person occupation. side with Iraq, against the United convincing pattern of Iraqi relations I do not accept the idea that trying States and against Israel. And that with either al-Qaida or the Taliban. other alternatives is either futile or would represent a fundamental threat Moreover, in August, former Na- perilous—that the risks of waiting are to Israel, to the region, to the world tional Security Advisor Brent Scow- greater than the risks of war. Indeed, economy and international order. croft wrote that there is ‘‘scant evi- in launching a war against Iraq now, Nor can we rule out the possibility dence’’ linking Saddam Hussein to ter- the United States may precipitate the that Saddam would assault American rorist organizations, and ‘‘even less to very threat that we are intent on pre- force with chemical or biological weap- the September 11 attacks.’’ He con- venting—weapons of mass destruction ons. Despite advances in protecting our cluded that Saddam would not regard in the hands of terrorists. If Saddam’s troops, we may not yet have the capa- it as in his interest to risk his country regime and his very survival are bility to safeguard all of them. The or his investment in weapons of mass threatened, then his view of his inter- Congressional General Accounting Of- destruction by transferring them to ests may be profoundly altered: He fice published a report on October 1 terrorists who would use them and may decide he has nothing to lose by which clearly suggests that our forces ‘‘leave Baghdad as the return address.’’ using weapons of mass destruction are not adequately prepared for a Some who advocate military action himself or by sharing them with terror- chemical or biological attack, even against Iraq assert that air strikes will ists. though the Defense Department has do the job quickly and decisively, and Indeed, in an October 7 letter to Sen- been taking significant actions to pro- that the operation will be complete in ator GRAHAM, Chairman of the Senate vide such protection. 72 hours. But there is again no persua- Intelligence committee, CIA Director The GAO emphasizes the importance sive evidence that air strikes alone George Tenet stated this risk. He said, of chemical and biological defense over the course of several days will in- ‘‘Baghdad for now appears to be draw- training, the medical readiness of units capacitate Saddam and destroy his ing a line short of conducting terrorist to conduct operations in a contami- weapons of mass destruction. Experts attacks with conventional or C.B.W. nated environment, and the critical have informed us that we do not have against the United States.’’ need for an adequate supply of required sufficient intelligence about military In discussing the scenario of a mili- protective gear. targets in Iraq. Saddam may well hide tary attack, the CIA Director said, Our forces are already stretched thin his most lethal weapons in mosques, ‘‘Should Saddam conclude that a U.S.- in other ways. Our soldiers, sailors, air- schools and hospitals. If our forces at- led attack could no longer be deterred, men and Marines are serving their tempt to strike such targets, untold he probably would become much less country with great distinction. Just numbers of Iraqi civilians could be constrained in adopting terrorist ac- under 70,000 Reservists and National killed. tions . . . Saddam might decide that Guardsmen have been mobilized for the In the gulf war, many of Saddam’s the extreme step of assisting Islamist war against terrorism. Many reservists soldiers quickly retreated because they terrorists in conducting a W.M.D. at- who were initially recalled for the war did not believe the invasion of Kuwait tack against the United States would in Afghanistan have been either de-mo- was justified. But when Iraq’s survival be his last chance to exact vengeance bilized or extended for a second year. is at stake, it is more likely that they by taking a large number of victims They are concerned about the impact a will fight to the end. Saddam and his with him. war against Iraq will have on their military may well abandon the desert, In the same letter, the CIA declas- families and on their jobs. Many em- retreat to Baghdad, and engage in sified an exchange between Senator ployers who are struggling in the cur- urban, guerrilla warfare. LEVIN and a senior intelligence wit- rent sagging economy are also deeply Many believe that our armed forces ness. When asked about the likelihood concerned about the stability of their may need to occupy Baghdad, which of Saddam using weapons of mass de- workforce. These patriotic Americans has over 5 million residents. In our struction without provocation, the in- are willing to sacrifice, but they de- September 23 hearing, General Clark telligence witness said, ‘‘My judgment serve to know that all reasonable alter- told the committee that we would need would be that the probability of him natives to war have been exhausted. a large military force and a plan for initiating an attack . . . in the fore- If we embark upon a premature or urban warfare. General Hoar said that seeable future, given the conditions we unilateral military campaign against our military would have to be prepared understand now, the likelihood I think Iraq, or a campaign only with Britain, to fight block by block in Baghdad, and would be low.’’ When asked about the our forces will have to serve in even that we could lose a battalion of sol- likelihood that Saddam would use greater numbers, for longer periods,

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10336 CONGRESSIONAL RECORD — SENATE October 10, 2002 and with graver risks. Our force to develop a nuclear weapon in Iraq So this should be the first aim of our strength will be stretched even thin- during that period. Even with Iraq’s policy, to get U.N. inspectors back into ner. If in the end we must go to war, obstructions, those inspections re- Iraq without conditions. I hope the Se- the burden should be shared with al- sulted in the demolition of large quan- curity Council will approve a new reso- lies, and an alliance is less likely if war tities of chemical and biological weap- lution requiring the Government of becomes an immediate response. ons. The inspection program, before its Iraq to accept unlimited and uncondi- Even with the major technological forced termination in 1998, had accom- tional inspections and the destruction gains demonstrated in Afghanistan, the plished far more disarmament than the of any weapons of mass destruction. logistics and manpower required in a gulf war itself. The resolution should set a short war with Iraq would be extraordinarily President Bush acknowledged the timetable for the resumption of inspec- challenging if we could not marshal a successes of the International Atomic tions. I would hope that inspections real coalition of regional and inter- Energy Agency, or I.A.E.A., in thwart- could resume, at the latest, by the end national allies. The Chairman of the ing Saddam’s nuclear ambitions in his of October. Joint Chiefs of Staff, General Richard October 7 address to the Nation. He The resolution should also require Myers, told the Senate Armed Services said, ‘‘Before being barred from Iraq in the head of the U.N. inspection team to Committee two week ago that because 1998, the International Atomic Energy report to the Security Council every of the high demand placed on some of Agency dismantled extensive nuclear two weeks. No delaying tactics should our forces, coalition partners would be weapons-related facilities, including be tolerated, and if they occur, Saddam necessary to mitigate the risk of war three uranium-enrichment sites.’’ should know that he will lose his last in Iraq. A CIA assessment, released to the chance to avoid war. President Bush made the right deci- public in October 2002, says: ‘‘Before its The Security Council Resolution sion on September 12 when he ex- departure from Iraq, the IAEA made should authorize the use of force, if the pressed America’s willingness to work significant strides toward dismantling inspection process is unsatisfactory. with the United Nations to prevent Iraq’s nuclear weapons program and And there should be no doubt in Bagh- Iraq from using chemical, biological or unearthing the nature and scope of dad that the United States Congress nuclear weapons. The President’s ad- Iraq’s past nuclear activities.’’ would then be prepared to authorize dress to the General Assembly chal- Even the assessment of Iraq’s WMD force as well. The return of inspectors with unfet- lenging the United Nations to enforce program published by the British Gov- tered access and the ability to destroy its long list of Security Council Reso- ernment to demand action in the what they find not only could remove lutions on Iraq was powerful, and for United Nations against Iraq acknowl- any weapons of mass destruction from me, it was persuasive. edges the success of inspections. It Saddam’s arsenal. They could also be The President reports important says: ‘‘Despite the conduct of the Iraqi more effective than an immediate or progress has been made in urging many authorities towards them, both, the unilateral war in ensuring that these nations to join us in insisting that Sad- UN, and the IAEA Action Team have deadly weapons would not fall into ter- dam Hussein’s regime be held account- valuable records of achievement in dis- rorist hands. able. The meetings already held be- covering and exposing Iraq’s biological Before going to war again, we should tween the U.N. and the Iraqi govern- weapons program and destroying very seek to resume the inspections now— ment on resuming inspections reflects large quantities of chemical weapons and set a non-negotiable demand of no the new international resolve to ensure stocks and missiles as well as the infra- obstruction, no delay, no more weapons that Iraq’s weapons of mass destruc- structure for Iraq’s nuclear weapons of mass destruction in Iraq. tion are identified and destroyed. Yet, programme.’’ We know that our actions against the resolution before us would allow Among the U.N.’s significant Iraq do not occur in a vacuum. The the President to go it alone against achievements cited in the assessment world is watching. The Administra- Iraq without seeing our U.N. initiative are: The destruction of 40,000 muni- tion’s decisions to abandon the Kyoto through, and without exhausting the tions for chemical weapons, 2,610 tons Protocol on global warming, to unilat- alternatives. of chemical precursors, and 411 tons of erally withdraw from the ABM Treaty, To maintain the credibility he built chemical warfare agent. The disman- and to reject ratification of the Treaty when he went to the U.N., the Presi- tling of Iraq’s prime chemical weapons on the International Criminal Court dent must follow the logic of his own development production complex. The have left the unmistakable impression argument. Before we go to war, we destruction of 48 Scud-type missiles, 11 across the globe that the United States should give the international commu- mobile launchers and 56 sites, 30 war- wants to write its own international nity to chance to meet the President’s heads filled with chemical agents, and rules. challenge, to renew its resolve to dis- 20 conventional warheads. The destruc- In February, Secretary of State Pow- arm Saddam Hussein completely and tion of the al-Hakam biological weap- ell testified that there was significant effectively. ons facility and a range of production concern among the Europeans earlier Some have argued that inspections equipment. The removal and destruc- last year about ‘‘unbridled U.S. have already been tried, and that they tion of the infrastructure of the nu- unilateralism,’’ because ‘‘the U.S. was have failed. They argue that the inter- clear weapons program, including a going off on its own without a care for national community has exhausted the weaponization and testing facility. the rest of the world.’’ Further unilat- option of inspections, and that imme- Experts on inspections advise that it eral action on our part, especially on diate war is now justified. I disagree. would be extremely hard for Iraq to the all-important issue of war, could I have spoken to former inspectors carry on an active and even secret trigger a new global anti-Americanism and non-proliferation experts who are WMD program while inspections are that causes peoples and governments convinced that 7 years of inspections being conducted, especially with the to question our motives and actions on significantly impeded Saddam’s efforts inspection technology that has been a wide range of issues. to acquire weapons of mass destruc- developed over the last ten years. One We should not embark on a unilat- tion. Indeed, they are convinced that former nuclear inspector told me that eral war, without fully considering the inspections can work effectively again. he found it hard to keep Iraqi sci- potentially destabilizing impact on our According to Rolf Ekeus, who served entists quiet about Iraq’s nuclear pro- allies in the region. as the executive chairman of the U.N. gram, once they started to talk. If we insist on attacking Iraq alone Special Commission on Iraq from 1991 Given these assessments, there is without the clear support of the inter- to 1997, inspectors ensured that not every reason to believe that unre- national community, we could inflame much was left of Iraq’s once massive stricted and unconditional inspections anti-Americanism in the predomi- weapons programs at the time they de- can again be effective in ensuring the nantly Muslim countries throughout parted. destruction of weapons of mass de- the Middle East and South Asia. In an In fact, the seven years of inspections struction. It is an option that must be article this month in the New York that took place until 1998 succeeded in given a clear chance before going to Times, an expert at the Brookings In- virtually eliminating Saddam’s ability war again. stitution wrote that regardless of our

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10337 real objectives, most Arabs and Mus- world summon us to a course that is two of his neighbors—Iran and Ku- lims will see ‘‘American imperialism’’ sensible, graduated, and genuinely wait—causing massive destruction, in a war with Iraq. strong—not because it moves swiftly to killing hundreds of thousands of peo- This expert says that a war with Iraq battle, but because it moves resolutely ple, and bankrupting his country. Dur- would ‘‘render the Middle East more to the objective of disarming Iraq ing the gulf war, he launched ballistic . . . unstable than it is today.’’ Middle peacefully if possible, and militarily if missiles at civilian populations in Eastern leaders could be faced with necessary. Israel. He opposes the Middle East mass street protests over a highly un- In his October 7 address to the na- peace process and has provided finan- popular American strike. tion, President Bush said Congres- cial rewards to the families of suicide Jordan’s King Abdullah, who is a sional approval of a resolution author- bombers. He supports organizations entrusted friend of America, is deeply izing the use of force does not mean gaged in terrorism and committed to concerned that war will inflame the that war with Iraq is ‘‘imminent or un- the overthrow of governments within large Palestinian population and in- avoidable.’’ The President himself has the region. It is clear that Saddam flame Islamic views. Iraq is one of Jor- not decided that our nation should go Hussein is an opponent of stability in dan’s largest trading partners, and to war. Yet, Congress is being asked to the Middle East, and our efforts to King Abdullah is understandably con- authorize war now. He may decide not build a lasting peace in the region is in cerned about a potentially devastating to use that authority. But this resolu- jeopardy as long as he remains in impact on the Jordanian economy. tion leaves it to the President to make power. Some experts have suggested that King the decision on his own, without fur- In addition to being a threat to his Abdullah may lose power if war breaks ther recourse to Congress or to the neighbors, Saddam Hussein is a threat to the United States and to our vital out. Already the Jordanian Govern- American people. ment is working actively to discourage The power to declare war is the most national security interests. There can be no doubt that Iraq has continued its popular outbursts against war with solemn responsibility given to Con- drive to develop weapons of mass de- Iraq. gress by the Constitution. We must not struction and the means to deliver In Egypt, President Mubarak is con- delegate that responsibility to the them. After the gulf war, Saddam Hus- cerned that war with Iraq will further President in advance. sein agreed to open up his country to ignite strong Islamist sentiment. Let me close by recalling the events international inspectors, to destroy his We also need to consider the possi- of an autumn of danger four decades weapons stockpiles, and to halt all bility that Iran would try to increase ago. When missiles were discovered in weapons of mass destruction develop- its strength and influence in Southern Cuba—missiles more threatening to us ment programs. Despite near continual Iraq in a post-Saddam era. More than than anything Saddam has today, some obstruction by Iraq, international 50 percent of the Iraqi population is in the highest councils of government weapons inspectors were able to un- Shiite, just as in Iran, and if the Ira- urged an immediate and unilateral cover a portion of his extensive chem- nian Government senses a vacuum, it strike. Instead the United States took ical and biological weapons, and gain very well might try to increase its in- its case to the United Nations, won the vital information about his effort to fluence in Iraq. endorsement of the Organization of develop nuclear weapons. The United States must clearly act American States, and brought along However, the weapons inspectors’ to defend our national security against even our most skeptical allies. We im- progress was thwarted when Saddam an imminent threat. In doing so, the posed a blockade, demanded inspection, Hussein forced them to leave the coun- President will have the full support of and insisted on the removal of the mis- try in 1998. For 4 years, he has been Congress and the American people. But siles. able to pursue chemical, biological, when an imminent threat does not When an earlier President outlined and nuclear weapons capabilities out- exist, and when reasonable alternatives that choice to the American people and side the watchful eye of the inter- are available, as they are now, we must the world, he spoke of it in realistic national community. While Iraq has use them before resorting to war. terms not with a sense that the first agreed to allow the weapons inspectors What can be gained here is success step would necessarily be the final to return, I am skeptical that Saddam and in the event of failure, greater step, but with a resolve that it must be Hussein will keep his word and allow credibility for an armed response, tried. unfettered access to suspect sites. Al- greater international support, and the As he said then, ‘‘Action is required ready there are indications that the prospect of victory with less loss of . . . and these actions [now] may only agreement under which the inspectors American life. be the beginning. We will not pre- will return allows Iraq to forbid en- So what is to be lost by pursuing this maturely or unnecessarily risk the trance into certain key locations. policy before Congress authorizes send- costs of . . . war—but neither will we Without full and guaranteed access to ing young Americans into another and shrink from that risk at any time it all sites, this inspection regime is like- in this case perhaps unnecessary war? must be faced.’’ ly to fail and prove to be just another Even the case against Saddam is, in In 2002, we too can and must be both delaying tactic. important respects, a case against im- resolute and measured. In that way, Saddam Hussein’s possession of weap- mediate or unilateral war. If Prime the United States prevailed without ons of mass destruction is in itself a Minister Blair is correct in saying that war in the greatest confrontation of threat to the United States, but equal- Iraq can launch chemical or biological the Cold War. Now, on Iraq, let us build ly concerning is his ties to inter- warheads in 45 minutes, what kind of international support, try the United national terrorism. It is clear that Iraq sense does it make to put our soldiers Nations, and pursue disarmament be- is in violation of its obligation to re- in the path of that danger without ex- fore we turn to armed conflict. nounce terrorism and to halt its sup- hausting every reasonable means to Mr. JOHNSON. Mr. President, I rise port for terrorist organizations. Re- disarm Iraq through the United Na- today to offer my support for the pend- cently, the Bush administration an- tions? ing resolution. I am pleased to be a co- nounced that it has evidence linking Clearly we must halt Saddam Hus- sponsor of the Lieberman-Warner- Saddam Hussein with international sein’s quest for weapons of mass de- McCain resolution because I believe it terrorists. A link between Saddam Hus- struction. Yes, we may reach the point is in our national security interests to sein’s weapons of mass destruction and where our only choice is conflict with deal with the threat posed by Iraq. The al-Qaida terrorists would be the like-minded allies at our side, if not in world would be a far safer place with- gravest threat facing our Nation and a multilateral action authorized by the out Saddam Hussein, and as long as he would require immediate action by the Security Council. But we are not there remains in power, he will continue to United States. yet. be a threat to the region, to the United Given this threat, and the fact that The evidence does not take us there; States, and to his own people. Iraq is in violation of 16 separate events do not compel us there and both Saddam Hussein is a destabilizing United Nations Security Council reso- the war against terrorism and our force in the Middle East. A quick re- lutions, the United States is well with- wider interests in the region and the view of history reveals he has invaded in its rights to act militarily to protect

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10338 CONGRESSIONAL RECORD — SENATE October 10, 2002 the safety of the American people. I ons of mass destruction, invade his destroyed production plants across disagree with those who argue our ac- neighbors, and support global ter- Iraq. We know he has retained the key tions must be tied to prior approval by rorism. personnel formerly engaged in the the United Nations. The defense of our This vote has particular significance chemical weapons program. He has Nation should not be dictated by other to me. My son, Brooks, is currently mustard gas, VX nerve agent, and a countries or international organiza- serving in the 101st Airborne. The 101st range of other chemical weapons. tions. If necessary, the United States is one of the Army divisions that has The record repeats itself with bio- should be prepared to act alone. been identified by military leaders as logical weapons. Intelligence shows us However, I strongly support efforts likely to prosecute the war against that production has continued. Facili- to build international support prior to Iraq. I know that a vote in favor of this ties formerly used for biological weap- military action against Iraq. The sup- resolution may be a vote to send my ons have been rebuilt. Equipment has port of our allies, and the international own son to war. Given this, I do not been purchased. And Saddam has re- community as a whole, will increase take this vote lightly. I am very proud tained the personnel who worked on it the chances of success for our policy in of my son, and of the thousands of before the gulf war. Indeed, UNSCOM Iraq and in the ongoing fight against South Dakotans serving in our Armed found that Iraq was working to build global terrorism. One reason why I sup- Forces, and I know they are prepared mobile biological weapons facilities port the pending resolution is that I to do what is necessary to protect the which are easier to conceal. It appears believe a strong vote by Congress will United States. that they now have such facilities. The signal our national unity and make it I will vote for this resolution because biological agents we believe Iraq can more likely that the President will I know putting a stop to Iraq’s weapons produce include anthrax, botulinum, succeed in creating a strong inter- of mass destruction program and end- toxin, aflatoxin and ricin. national coalition. ing Saddam Hussein’s brutal dictator- Perhaps we recite the litany, ‘‘chem- While much of our focus has been on ship is in our national security inter- ical, biological, working on nuclear,’’ preparing for possible military action ests and vital to protecting the Amer- so often that it loses some of its mean- against Iraq, and working with the ican people. While this approach is not ing. British Prime Minister Tony Blair international community to resume in- without danger, the greatest danger of has warned against us developing a spections of Iraq’s suspected weapons all would be in a failure of the U.S. and kind of ‘‘word fatigue’’ when it comes of mass destruction sites, I believe we the world community to act in a deci- to these weapons, and I take that warn- must also begin the process of planning sive and urgent manner. ing to heart. for a post-Saddam Hussein Iraq. As a Mr. LIEBERMAN. Mr. President, ‘‘New Yorker’’ writer Jeffrey Gold- part of this, we must begin to talk to what weapons, exactly, does Saddam berg has traveled to the region and the Iraqi people and enlist their sup- Hussein have, and what could he do done significant reporting on Saddam’s port in the fight against Saddam Hus- with them? When we are talking about capabilities and his intentions—on his sein. There can be no doubt that no one this dangerous dictator, that is not a deadly weapons and his brutal will. Let me read a piece Mr. Goldberg wrote in has suffered more from Saddam Hus- hypothetical question. We can see what the online magazine Slate that puts sein’s regime than the people of Iraq. he has done already with the chemicals Saddam’s possession of at least one of The list of crimes Saddam Hussein he has developed. We don’t have to these toxins in sharp relief. I quote: has perpetrated against his own citi- imagine; we need only extrapolate. zens is shocking. Since 1997, he has Saddam Hussein not only has large In 1995, the government of Saddam Hussein admitted to United Nations weapons inspec- killed over 2,500 prisoners—many of and growing stockpiles of chemical and tors that its scientists had weaponized a bio- whom were jailed simply for their op- biological weapons. He alone among logical agent called aflatoxin. Charles position to his regime. He has re- the dictators of the world has shown a Duelfer, the former deputy executive chair- pressed both the Kurds in the north willingness to use them. man of the now—defunct UNSCOM, told me and the Shiites in the south by causing In the 1980s Iran-Iraq War, Iraqi earlier this year that the Iraqi admission environmental devastation, demol- troops repeatedly used poison gas, in- was startling because aflatoxin has no pos- ishing homes, destroying villages, and cluding mustard gas and the nerve sible battlefield use. Aflatoxin, which is creating hundreds of thousands of in- agent sarin, against Iranian soldiers. made from fungi that occur in moldy grains, does only one thing well: It causes liver can- ternally displaced people throughout And Saddam has repeatedly attacked cer. In fact, it induces it particularly well in the country. In 1988 in the village of Kurds in the north with chemical children. Its effects are far from immediate. Halabja, he used chemical weapons to weapons, namely nerve agents and The joke among weapons inspectors is that kill more than 5,000 innocent Iraqi ci- mustard gas, the most horrifying sin- aflatoxin would stop a lieutenant from mak- vilians. And while thousands of his peo- gle attack coming in Halabja in 1988. ing colonel, but it would not stop soldiers ple starve, Saddam Hussein diverts It is one thing to see nations accu- from advancing across a battlefield. mulate dangerous weapons for purely I quoted Duelfer, in an article that ap- much needed food and medicine from peared in the New Yorker, saying that ‘‘we the U.N.’s Oil for Food Program for his deterrent and defensive purposes. It is kept pressing the Iraqis to discuss the con- own enrichment. another entirely to see a dictator de- cept of use of aflatoxin.’’ They never came Given his history, the Iraqi people velop such weapons and deploy them to up with an adequate explanation, he said. should no doubt welcome the end of murder opponents of his regime and They did admit, however, that they had load- Saddam Hussein’s brutal regime. We wage offensive war against a neighbor. ed aflatoxin into two warheads capable of should ask for their support in ousting That is why we must look with spe- being fitted onto Scud missiles. Saddam by assuring them that our goal cial scrutiny on Saddam’s stockpiles. Richard Spertzel, who was the chief is nothing short of helping them estab- When the U.N. inspectors were forced biological weapons inspector for lish a functioning, democratic society. out of Iraq in 1998, here is what was un- UNSCOM, told me that aflatoxin is ‘‘a Iraq enjoys a wealth of natural re- accounted for: up to 360 tons of bulk devilish weapon. From a moral stand- sources and a well-educated, innovative chemical warfare agents, including one point, aflatoxin is the cruelest weap- population. The Iraqi people may well and a half tons of VX nerve agent; up ons, it means watching children die thrive once they are allowed to harness to 3,00 tons of precursor chemicals; slowly of liver cancer.’’ the power of democracy and free mar- growth media sufficient to produce Spertzel went on to say that, to his kets. 26,000 liters of anthrax spores; and over knowledge, Iraq is the only country I believe we can succeed in helping 30,000 special munitions for delivery of ever to weaponize aflatoxin. the Iraqi people create a better coun- chemical and biological agents. In an advertisement that appeared in the try. It will be difficult and will take a Those are just the leftovers that we New York Times on Tuesday, a group of wor- long-term commitment from the know about. Then add to that all the thies called upon the American people to United States. But ultimately, the suc- deadly weapons that Saddam has been summon the courage to question the war plans of President Bush. The advertisement, cess of our efforts in Iraq will be judged cooking up over the last 11 years. We which was sponsored by Common Cause, by our ability to make sure that Sad- know Iraq continues to produce chem- asks, in reference to the Saddam regime, ‘‘Of dam Hussein is not simply replaced by ical agents for chemical weapons. We all the repugnant dictatorships, why this another dictator who will pursue weap- know Saddam has rebuilt previously one?’’ . . .

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To review: There is no dictator in There is now a consensus belief that power anywhere in the world who has, so far to strict controls due to their potential in his career, invaded two neighboring coun- Saddam could have an atomic weapon use in the construction of gas cen- tries; fired ballistic missiles at the civilians within months of acquiring fissile ma- trifuges. of two other neighboring countries; tried to terial. Based on the best estimates, his And Saddam has been trying to buy have assassinated an ex-president of the regime could manufacture the fuel significant quantities of uranium, United States; harbored al-Quaida fugitives; itself within as little as 3 years. There though we do not know whether he has attacked civilians with chemical weapons; is no way to measure now long it might been successful. Key personnel from his attacked the soldiers of an enemy country take Saddam to acquire the fuel from old nuclear weapons program are at with chemical weapons; conducted biological an outside source. He could be attempt- weapons experiments on human subjects; work again. Iraq claims that this is for committed genocide; and then there is, of ing to do so as we speak. Indeed, it a civil nuclear power program but it course, the matter of the weaponized would be na¨ ive to assume otherwise. has no nuclear powerplants. aflatoxin, a tool of mass murder and nothing This leads to a critical question, and We can search for the most innoc- else. perhaps the threshold question in the uous possible explanation, of each and I do not know how any thinking person debate. How long do my fellow Sen- every disturbing piece of evidence, or could believe that Saddam Hussein is a run- ators suggest we wait? Until we know, we can look realistically at the total- of-the-mill dictator. No one else comes close beyond dispute, if there is ever such ity of the evidence. . . . to matching his extraordinary and var- evidence beyond dispute, that Saddam And what about delivery systems? iegated record of malevolence. Earlier this year, while traveling across is 1 month away from obtaining a nu- Iraq is supposed to only have limited northern Iraq, I interviewed more than 100 clear weapon and the means to deliver missile capability for conventional survivors of Saddam’s campaign of chemical it? Until we know beyond dispute that weaponry. But we know that a signifi- genocide. I will not recite the statistics, or he is a week away? Or perhaps we cant number of longer-range missiles recount the horror stories here, except to should wait until he has it? were concealed from the previous in- say that I met enough barren and cancer-rid- In 1996, the International Atomic En- spectors, including up to 20 extended den women in Iraqi Kurdistan to last me sev- ergy Agency, IAEA, reported that Iraq range Scud missiles. We know that eral lifetimes. So: Saddam Hussein is uniquely evil, the had all the materials for a bomb except 2001, Iraq’s plans entered a new stage only ruler in power today—and the first one for the fissile material itself—either and that now, the regime’s develop- since Hitler—to commit chemical genocide. plutonium or highly enriched uranium. ment of weapons with a range over 600 Is that enough of a reason to remove him It is now 6 years later. miles. Hundreds of key personnel are from power? I would say yes, if ‘‘never The debate about whether Saddam is working on the delivery systems. again’’ is in fact actually to mean ‘‘never an ‘‘imminent’’ threat is an interesting The danger will not abate unless we again.’’ one. What better defines imminence make it abate. it will only grow. And That is why every day this man re- than the facts that I have just out- we will be forced to simply wait and mains in power is a day of danger for lined? see how, when, and against whom Sad- the American people, the Iraqi people, In fact, we must admit that the only dam will use these weapons. and, indeed, the people of the world. conclusive proof of imminence could What more do we need to know? Let me give you one more example come in the hindsight, when innocents Some say that removing Saddam that is as disturbing as aflatoxin. It is are sorting through the rubble and Hussein from power would compromise botulinum toxin, the cause of botulism, counting the injured or the dead. As the wider war against terrorism. But to which comes from bacteria found in the National Security Advisor Condaleeza me, the two are inextricably linked. soil. After the gulf war, United Nations Rice said, the smoking gun could be a First, remember that Iraq under Sad- weapons inspectors found that Iraq had mushroom cloud. Or add to that a yel- dam is one of only seven nations in the produced tons of botulinum toxin, low cloud of mustard gas, an invisible world to be designated by our State De- some of it loaded into missiles and cloud of sarin gas, or the slow and si- partment as a state sponsor of ter- bombs. Let me repeat. Years ago, in- lent spread of smallpox. rorism. He provides aid, funding, and spectors found tons, some of it I know, despite all this evidence, training to terrorists who have killed weaponized. So we know Saddam has much of which is beyond dispute, some Americans and others. He hosted the experience with this weapon. say, ‘‘There is no new evidence.’’ Abu Nidal Organization, whose leader For smallpox, there is a vaccine. An- I have two answers to that. One, we was found dead in Baghdad in August. thrax and other bacterial agents can be don’t need new evidence. The existing He gives money to the families of Pal- treated with antibiotics. But botulism evidence of his capabilities and intent estinian suicide bombers. is a toxin, a poisonous chemical made is more than enough to paint a poi- Second, Saddam himself meets the by bacteria. Let than a handful of pure sonous picture. definition of a terrorist, someone who botulinum toxin, evenly dispersed in an Two, there is, in fact, new evidence. attacks civilians to achieve a political aerosol, would be enough to kill more For instance, the fact that, once ac- purpose. He has done so repeatedly than a million people. The only treat- quiring fissile material, Saddam will be against the Kurds in the north of Iraq, ment for botulism poisoning is an anti- just months of developing a nuclear as well as against the Shi’a in the toxin made from horse serum, and it weapon, is new. And it underlines the south. If he is willing to kill thousands only works about half the time. urgency of defanging this dictator im- of Iraqis, how many Americans or Eu- There is a horror story for every bio- mediately. ropeans do we think he considers ex- logical or chemical agent in this man’s In fact, here is a brief review what we pendable? arsenal. I don’t need to go through know about what Saddam has done Third, though the relationship be- them all. We only need to understand since the departure of the U.N. weap- tween al-Qaida and Saddam’s regime is that these horror stories could come ons inspections in 1998. British Prime a subject of intense debate within the true if we do not confront Saddam’s de- Minister Tony Blair laid this out to the intelligence community, we do have vious designs. Parliament last month. evidence of meetings between Iraqi of- Some insist, and I don’t understand Since 1998, we know that Saddam has ficials and leaders of al-Qaida, and this claim, that chemical and biologi- sought or attempted to buy: specialized some testimony that Iraqi agents cal weapons aren’t all that troubling. vacuum pumps, the type needed for the helped train al-Qaida operatives to use They say we need only really worry gas centrifuge to enrich uranium; an chemical and biological weapons. We about nuclear weapons. entire magnet production lien of the also know that senior leaders of al- Given what I have just explained, I type for use in the motors and top Qaida have been and are now harbored think that is a dangerous assumption. bearings of gas centrifuges; dual use in Iraq. But assume for a moment that Saddam products such as Anhydrous Hydrogen It is not speculation to suggest that has no chemical weapons and no bio- Fluoride and fluoride gas; a filament Iraq might pass chemical, biological,

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10340 CONGRESSIONAL RECORD — SENATE October 10, 2002 or nuclear weapons to terrorists. It is change our post-Saddam commitment ready immediately to shift gears to realism. by whittling down a security presence post-conflict operations, helping to re- There are other state sponsors of ter- to the smallest possible size we think store order and handling humanitarian rorism, all of which pose serious dan- we can get away with, or by pulling our emergencies. Despite its tremendous gers to the security of America and the forces out the first open window. training and talent, our military needs world. But we must learn from Afghanistan, more specialized teams to take on this But Saddam’s is the only regime that where, despite a brilliant military vic- crucial job. combines a record of supporting terror- tory and early movements toward a The administration should also work ists with a history of killing and tor- stable and civil society, some big mis- with non-governmental organizations turing dissidents, ambitions to domi- takes have been made. to recruit Iraqi-American and other nate his region, growing stockpiles of Perhaps due to the Bush administra- Arab-American volunteers who can chemical and biological weapons and a tion’s stated aversion to nation build- help peacekeepers and humanitarian willingness to use them. That is why ing, we failed to establish a peace- organizations communicate with the the danger he poses rises above the rest keeping presence strong enough or geo- Iraqi people, distribute supplies, assist on the topography of terror. graphically wide enough to tame the in healthcare delivery, and do other In my view, if we remove his per- factionalism and ethnic conflict that critical jobs. A similar volunteer pro- nicious influence from the Middle East have plagued Afghanistan for years. We gram worked in the Balkans and can and free the Iraqi people to determine failed to get ready to deal with the de- work again in Iraq. their own destiny, we will transform crepit state of the nation’s infrastruc- Like the military campaign itself, the politics of the region, and advance ture caused by the long civil war that stabilizing post-Saddam Iraq and tend- the war against terrorism, not set it preceded our involvement. And, though ing to the Iraqi people will be aided back as some have suggested. our nations assisted us in our military dramatically if the United States is In April 1917, in requesting a congres- victory, we did not leverage their in- part of a international coalition, espe- sional declaration to enter what was vestment to give them sufficient stake cially one that includes Muslim and then known as the Great War, Woodrow in a responsibility in a long-term Arab nations. That will make clear to Wilson said, ‘‘We act without animus, peace. Iraqis and the world that our enemy is not in enmity toward a people or with As a result, the situation on the Saddam and not the Iraqi people, and the desire to bring any injury or dis- ground in Afghanistan is tenuous just as Saddam is a threat to the advantage upon them, but only in today. Warlords control the country- world, securing and rebuilding Iraq is armed opposition to an irresponsible side. Hamid Karzai’s rule in Kabul is the duty of the world. government which has thrown aside all uncertain. His ministers have been as- The bottom line is this: While Af- considerations of humanity and of sassinated. Karzai himself came within ghanistan’s growing instability is deep- right and is running amuck.’’ a hair’s breath of assassination. Have ly troubling, allowing post-Saddam The same can be said if and when we we lost the peace? No. But the current must confront Saddam’s brutal regime. Iraq, which abuts Syria and Iran, Saudi instability can, if left to fester, give Arabia and Jordan, Kuwait and Tur- We will not be fighting the Iraqi peo- rise to terrorism. oppression, and civil ple. Our goal, to the contrary, will be key, to fall into civil war or into the war. hands of another dictator would be dis- to liberate the Iraqi people from tyr- It is not too late to correct our astrous. If post-Saddam Iraq unravels, anny even as we remove the threat course. That is why Senator Hagel and as Afghanistan is at risk of doing, so from this rabid regime. I have sponsored the Afghanistan Free- But we must prove that good and de- dom Support Act of 2002, currently be- will the credibility and the effective- cent intent not only on the day we fore the Senate Foreign Relations ness of our wider war against ter- commit arms, if we must, on the day Committee. The bill would commit to rorism. And we will be that much clos- we win. We must prove our commit- the country’s stability, security, and er to a global civilization war. Once security and stability are estab- ment to building a better nation for democratic development by investing lished in post-Saddam Iraq, we must the Iraqi people on the day after the $2.5 billion over 4 years in economic, day after, and the day after that, when political, and humanitarian assistance, begin to establish the foundation for we will face, and help the Iraqi people including a half billion dollars toward democratic governance and the rule of to face, the broad range of humani- an enterprise fund for business develop- law. I am pleased that the Bush admin- tarian, economic, diplomatic, and po- ment and job creation and $300 million istration has begun bringing key oppo- litical problems that will no doubt in military and security assistance for sition groups together to lay what a present themselves. police training and crime control. It foundation for an honest, effective, and The wars we wage are measured by would also urge President Bush to ex- representative government. Iraq is a the quality of the peace that follows. pand the international security force divided nation, with at least three key I know that some fear the future of beyond Kabul, and, if that decision regions and three key religious, ethnic, Iraq post-Saddam. They fear the risks, were made, would authorize $1 billion and political factions. But let’s be the responsibilities, and the costs, so over the next two years to make that clear. Post-Saddam Iraqi governance much that those fears of tomorrow lead possible. This is extremely important will take more than a couple of con- them to justify inaction today. To me, legislation that deserves broad legisla- ference calls to get right. post-Saddam Iraq is not a burden to be tive and public support. And we must be very careful here. shunned but an opportunity to be Now we must hear from the adminis- Our goal is not replacing Baghdad with seized. It must become a signal to the tration that they are ready with spe- New York on the Tigris. We do not world, particularly the Islamic world, cific plans for Iraq that will not repeat want an American client state, and we of our Nation’s best intentions. the mistakes of Afghanistan. can’t expect a democracy that over- Indeed, post-Suddam Iraq will be a In fact, we have to face the fact that night looks exactly like ours. We must test of America and our values. We the best-case military scenario—the be realistic. This process will require have barely earned a passing grade on rapid collapse of the Iraqi military and the sustained guidance, partnership, our first test, in post-Taliban Afghani- the swift capture or elimination of and investment of our nation and our stan. We cannot afford to scrape and Saddam—would also present the most allies, working with the Iraqi people. slip by again, because this time the challenging security scenario. The war against terrorism, including stakes are higher, the stage larger, and The three most immediate security this effort to disarm Iraq, is like no the consequences of failure even more objectives will be securing all chem- other war we have waged. dire. ical, biological and nuclear weapons If we are true to our principles, we How do we lay the foundation for a sites and relevant personnel, tracking can again make the world a safer and civil and open society after the fight- down Saddam’s remaining secret po- better place, not only for us Americans ing stops and the likely celebrations in lice, and preventing potential Iranian but for people in Iraq and throughout the streets subside? military interference. the Arab and Muslim worlds, who de- First, we must we invest in Iraq’s se- Simultaneously, among the Iraqi serve the freedom and opportunity that curity. Some will be tempted to short- people at large, U.S. forces must be we declared at the birth of our Nation

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 10, 2002 CONGRESSIONAL RECORD — SENATE S10341 226 years ago: the endowment each What has brought us to this point? ordered acts of terror. He shares many human being receives at birth from our On March 3, 1991, Iraq, having been objectives with groups like al-Qaida, Creator. forced to abandon the territory it and may decide to use terrorists to Mr. FITZGERALD. Mr. President, I overran in Kuwait, agreed to the terms conceal his responsibility for an attack rise today in support of the Lieberman- of a cease-fire offered by the allied on the United States. Warner resolution authorizing the use forces. Since the cease-fire, Iraq has re- For 11 years, Saddam Hussein has of force against Iraq. This resolution peatedly violated a series of Security thumbed his nose at the international gives President Bush the flexibility he Council resolutions designed to ensure community. Would it be prudent to needs to address the threat posed by that Iraq submits to U.N. inspections, continue what has failed for 11 long Saddam Hussein, including the author- abides by the cease-fire agreement, dis- years? Would it be wise to give Saddam ity to use military force as he deems mantles its extensive weapons of mass more time, which we know he will de- appropriate, without ceding too much destruction programs, and returns Ku- vote to realizing his greatest dream— authority to the executive to wage war waiti and other nations’ POWs, missing to obtain the nuclear weapons that outside Iraq. I applaud Senators LIE- persons, and property seized during the would allow him to dominate the Mid- BERMAN, WARNER, MCCAIN, and so many gulf war. The United Nations has found dle East with all of its oil and threaten others who have worked with President Iraq in ‘‘material breach of cease-fire to drive the United States out of a re- Bush to reach an agreement on this terms’’ on seven occasions, and Iraq region that is vital to our security? critical issue. mains in violation of the cease-fire to Never in our history have we been in I support the President’s policy of re- this very day. a position where we could be gime change in Iraq to eliminate the For seven and one-half years, Sad- blackmailed, under the threat of nu- threat Saddam poses to the U.S. and dam Hussein played a cat-and-mouse clear war, into withdrawing support for the world, and agree that time is of the game with U.N. inspectors. The Iraqi our closest allies or sacrificing our na- essence. I was concerned that the ad- regime misled, lied, intimidated, and tional security to prevent the death of ministration’s initial draft resolution physically obstructed the inspectors; millions. And yet this is the danger we was too broad, and called for tighter and Iraqi scientists who provided in face in as little as one year if we do not parameters on the Presidential man- formation to the inspectors dis- act to remove this looming threat. date. The resolution now before us ad- appeared, most likely into Saddam’s Time is not on our side; it is on the dresses my concerns by confining the dungeons and execution chambers. The side of Saddam Hussein. We cannot scope of possible military action to inspectors uncovered an enormous wait for a smoking gun, because a gun Iraq, rather than the entire Middle amount of biological and chemical smokes only after it is fired, and the East region. Only last month we commemorated weapons materials and production fa- smoke of a nuclear blast would mean the one-year anniversary of the dead- cilities, but by their own account they that we are too late. liest terrorist attack in our history. could not find everything. And any suc- I applaud the President’s decision to Today, we face a threat from a regime cess they may have had was in large seek international support for regime that would not hesitate to use weapons measure because Saddam feared a re- change in Iraq, but U.S. action should of mass destruction against our friends newed military offensive by the United not hinge on the endorsement of the and allies, or against the United States States. Finally, on November 11, 1998, United Nations. The United States is itself, or transfer these weapons to ter- following Iraq’s announcement that it leading a coalition of international al- rorist groups that target Americans. was prohibiting all U.N. inspections, lies in the war on terror, not the other Saddam Hussein’s track record is weapons inspections in Iraq ceased. way around. well-known to all. He ordered the use Under increasing international pres- In the case of Iraq, U.S. national se- of chemical weapons—including sarin, sure, Iraq again agreed to allow inspec- curity interests should not be sac- VX, tabun, and mustard agents— tors full access, but then resumed ob- rificed if the U.N. cannot be persuaded against his own people, killing tens of structing their operations, and the of the urgency of this threat. It would thousands of innocent civilians. His re- United Nations withdrew the inspec- be preferable to have U.N. support, but gime invaded two neighbors and tors on December 15, 1998. Over the we have to be prepared to go it alone if threatened others. In 1991, his troops next 4 years, Iraq refused to admit necessary. We cannot give the United were prepared to invade other coun- weapons inspectors under the terms set Nations veto power over our decisions tries, had they not been thwarted by forth by the Security Council. to protect our national interests. the U.S.-led international coalition. Iraq has had 4 years to refine its I remain concerned about our plan- His regime launched ballistic missiles techniques of deception. It defies com- ning for the future of Iraq if we succeed at four of its neighbors—Israel, Saudi mon sense to suggest that a hundred or in removing Saddam Hussein from Arabia, Iran, and Bahrain. He ordered even a thousand U.N. inspectors could, power. Administration officials have the assassination of opponents in Iraq with any assurance, succeed in finding presented a vision of a post-Saddam and abroad, including a former presi- small WMD stockpiles and facilities in Iraq that is peaceful, democratic, and dent of the United States. His regime a country the size of the state of Cali- unified. Defeating the Iraqi military on beat and tortured American POWs and fornia. Many former U.N. inspectors the battlefield will not be easy, but en- used them as human shields during the who experienced first-hand Iraq’s lies suring a stable and friendly post-Sad- 1991 Persian gulf war. His military con- and deceptions have come to the same dam Iraq will pose even greater chal- tinues to fire at U.S. and coalition air- conclusion. lenges, requiring careful planning by craft patrolling the no-fly zones in We know that Saddam has chemical the administration in concert with our northern and southern Iraq. and biological weapons, and is devel- allies in the region. Iraq could rapidly Based on the information presented oping nuclear weapons. These weapons slide into long-term political insta- to me in classified briefings, I share would immediately threaten U.S. bility or even bloody war upon the col- President Bush’s assessment that Iraqi troops and our friends and allies in the lapse of the Baathist regime. disarmament must be the objective. region. A Saddam Hussein with nuclear Iraq’s population is made up of three Weapon inspections alone will not weapons would radically alter the bal- main components: the Kurdish speak- achieve this goal, and a lengthy inspec- ance of power in the Middle East, re- ing people in the north, the Arab tions regime could inadvertently give quiring a profound shift in the deploy- Sunnis in the center, and the Arab Shi- Saddam more time to stockpile and ment of American forces and under- ites in the south who make up a major- conceal weapons of mass destruction. mine our ability to respond to other ity—some 60 percent—of the entire After eleven years of lies and decep- potential threats around the globe. population of the country. Many Shi- tion, we cannot expect that Saddam Saddam has worked with terrorist ites desire a theocratic government will reverse course and willingly dis- networks for many years. He harbored similar to that in neighboring Iran. arm. Clearly, regime change in Iraq is Abu Nidal, and is reportedly providing The Kurdish leadership in the north the only way to end the threat Saddam safe have to Abdul Rahman Yasin, a may recognize that independence is an Hussein poses to the United States and key participant in the 1993 World Trade impossible dream, but their experience the world. Center bombing. Saddam has himself of ten years of self-government will

VerDate Mar 15 2010 20:25 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10OC2.REC S10OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10342 CONGRESSIONAL RECORD — SENATE October 10, 2002 make their reintegration into a unified There is a sufficient second. The PRESIDING OFFICER (Mr. CAR- Iraq problematic at best. Arab Sunnis, The clerk will call the roll. PER). Without objection, it is so or- fearing retaliation from the long-op- The legislative clerk called the roll. dered. pressed Shiite majority, may use the The result was announced—yeas 77, f Sunni-dominated Iraqi military to nays 23, as follows: ASSISTANCE TO AFGHANISTAN keep the Shiites from gaining power. [Rollcall Vote No. 237 Leg.] And while the overthrow of Saddam YEAS—77 Mr. DASCHLE. Mr. President, it is Hussein would involve the likely end to Allard Edwards McCain now just more than a year since our the Iraqi Republican Guard, the reg- Allen Ensign McConnell Armed Forces started Operation En- ular Iraqi army may remain to play a Baucus Enzi Miller during Freedom in Afghanistan. This is Bayh Feinstein Murkowski a fitting time to look back at what we critical role in a post-Saddam Iraq. Yet Bennett Fitzgerald Nelson (FL) have accomplished, and ahead at the the Iraqi army may become a den of Biden Frist Nelson (NE) coup-plotters; after all, Iraq endured a Bond Gramm Nickles challenges that remain. succession of bloody coups from 1953 Breaux Grassley Reid I am reminded of a young Army pri- Brownback Gregg until Saddam Hussein’s ascent to Roberts vate from Midland, SD, whom I met in Bunning Hagel Rockefeller Burns Harkin Uzbekistan last February. He had gone power in the late 1970s. Santorum Campbell Hatch Our military planning should be Schumer to Uzbekistan just after completing a Cantwell Helms Sessions tour of duty in Bosnia, foregoing leave, guided by an awareness that how Carnahan Hollings Shelby Saddam’s regime falls will shape the Carper Hutchinson because, he told me, that is where our Iraq that follows. At some point the Cleland Hutchison Smith (NH) country needed him. Clinton Inhofe Smith (OR) I am certain that each member of American people will need to know the Snowe Cochran Johnson this body knows someone from his or nature and extent of America’s com- Collins Kerry Specter mitment to a post-Saddam Iraq. How Craig Kohl Stevens her State who has made a contribution long will our troops be on the ground Crapo Kyl Thomas to our successful effort in Afghanistan. Daschle Landrieu Thompson On behalf of every member of the Con- in Iraq? What material and financial DeWine Lieberman Thurmond resources will we be asked to provide Dodd Lincoln Torricelli gress and the American people, let me to Iraq? What responsibility will the Domenici Lott Voinovich say how proud and grateful we are for United States have to maintain peace Dorgan Lugar Warner those efforts. in the region? What help will we get NAYS—23 Our military quickly and effectively from our allies in rebuilding Iraq? Akaka Durbin Mikulski accomplished its objective of removing President Bush has exercised great Bingaman Feingold Murray the repressive Taliban regime. The leadership at a critical time in our his- Boxer Graham Reed challenge before us now is whether we Byrd Inouye Sarbanes can promote peace and economic and tory. I am proud to be a part of the de- Chafee Jeffords Stabenow political stability as effectively as we bate we are having today in this cham- Conrad Kennedy Wellstone ber, which is a powerful demonstration Corzine Leahy Wyden waged and won the war. I am pleased to of our democratic institutions. Ours is Dayton Levin see the senior Senator from Vermont a nation that is slow to anger. Ameri- The joint resolution (H.J. Res. 114) on the floor. I am wondering if he cans abhor war. I vote in support of was passed. would engage in a brief colloquy with this resolution, but hope and pray that The PRESIDING OFFICER. Under me on the subject of our humanitarian the President, united with Congress, the previous order, the preamble is and reconstruction efforts in Afghani- will succeed in averting war. agreed to. stan. There is no question in my mind that Under the previous order, S.J. Res. Mr. LEAHY. Yes, I would. we must disarm Saddam, and that time 45, as amended, is indefinitely post- Mr. DASCHLE. As our colleagues is running out. Clearly, there are risks poned. know, Senator LEAHY is the Chairman involved. But I believe the risks of UNANIMOUS CONSENT AGREEMENT—S. 3009 of the Foreign Operations Sub- doing nothing are far greater. Mr. REID. Madam President, I ask committee. Two weeks ago, I listened I yield that floor. unanimous consent that the Senate with interest to the Senator’s speech The PRESIDING OFFICER. Under proceed to the immediate consider- on Iraq, part of which he rightly dedi- the previous order, the cloture motion ation of Calendar No. 619, S. 3009, a bill cated to the situation in Afghanistan. is vitiated on Senate Joint Resolution to provide a 13-week extension for un- Afghanistan is our first, and most visi- 45. employment compensation, and that ble effort in the war on terrorism. The The clerk will read the joint resolu- the bill be read the third time and eyes of the region and the world are tion for the third time. passed. watching whether we are willing to do The joint resolution was read the The PRESIDING OFFICER (Ms. LIN- what is needed to follow through in Af- third time. COLN). Is there objection? ghanistan. I would like Senator LEAHY The PRESIDING OFFICER. Under Mr. NICKLES. Madam President, re- to, once again, share his views on the the previous order, the Senate will now serving the right to object—and I shall developments in Afghanistan. proceed to the consideration of House object—this is not a 13-week extension, Mr. LEAHY. I thank the distin- Joint Resolution 114. it is a 26-week extension, plus an addi- guished majority leader for his ques- The clerk will report. tional 7 weeks for some States. It tion. Much has been accomplished in The assistant legislative clerk read changes the threshold. It costs $17 bil- Afghanistan over the course of the last as follows: lion. A clean extension would be $7 bil- year. The brutal Taliban regime has A joint resolution (H.J. Res. 114) to author- lion. been vanquished to the ash heap of his- ize the use of United States Armed Forces I will be happy to work with my col- tory. Thousands of Afghans have re- against Iraq. leagues to come up with something turned to their homes, and our human- The PRESIDING OFFICER. The more reasonable and affordable. This itarian efforts have raised the standard clerk will read House Joint Resolution bill before us, S. 3009, is not. Therefore, of living of many Afghans. 114 for a third time. I object. We have spent billions to win the The joint resolution was read the The PRESIDING OFFICER. Objec- war. I fear, however, that unless we third time. tion is heard. dramatically increase our efforts there The PRESIDING OFFICER. The joint f we could lose the peace. The humani- resolution having been read the third tarian situation in Afghanistan re- time, the question is, Shall the joint MORNING BUSINESS mains critical. Thousands of people are resolution pass? Mr. REID. Mr. President, I ask unan- still homeless and as winter comes, so Mr. MCCAIN. Mr. President, I ask for imous consent that the Senate now too will the very real threat of wide- the yeas and nays. proceed to a period for morning busi- spread hunger, even famine. Afghans The PRESIDING OFFICER. Is there a ness, with Senators allowed to speak whose homes were mistakenly bombed sufficient second? for up to 5 minutes each. have not been helped. There are reports

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