[Congressional Record Volume 161, Number 96 (Tuesday, June 16, 2015)]
[Senate]
[Pages S4173-S4185]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2016
[...]
Amendment No. 1889
Mr. LEAHY. Mr. President, Congress has some unfinished business
before it. When the President took office, he issued an Executive order
banning torture. It is regrettable that such a step was even necessary
for a country that has been a signatory to the Convention Against
Torture since 1988, more than 25 years ago. But it was the right thing
for the President to do and consistent with our values as Americans. In
particular, the President ordered that all U.S. Government personnel
and contractors must comply with the interrogation standards in the
Army Field Manual and that the International Committee of the Red Cross
should have notice of and access to detainees held by the U.S.
Government.
Now it is time for Congress to adopt these same requirements--to
enshrine them in law and ensure that America never again employs
torture, no matter what the threat.
Senators McCain and Feinstein have offered an amendment that mirrors
these requirements of the Executive order. It would require all
government personnel and contractors, across all agencies and
departments, to abide by the rules and regulations contained in the
Army Field Manual. It also would ensure that the International
Committee of the Red Cross, or ICRC, is provided access to all
individuals detained by the United States.
These requirements have already been in place for 6 years, and this
amendment is consistent with current practice. The Army Field Manual
provides clear guidelines on acceptable and effective interrogation
practices. It reinforces explicit prohibitions in existing law against
torture and other cruel and inhumane treatment. It is relied upon by
our military personnel when they conduct high-risk interrogations on
the battlefield. There is no reason why these rules should not apply to
all government personnel and contractors, in all places, and at all
times.
This is a critically important amendment. We know from the historic
report of the Senate Intelligence Committee that the CIA engaged in
horrific acts of torture during the Bush administration. We must be
unequivocal to the world and to ourselves that torture is wrong and
that it is never permitted.
An Executive order is not enough. Congress must act. We must codify
these safeguards into law. When it comes to our core values--the things
that make our country great and that define America's place in the
world--they do not change depending on the circumstances. The
Convention Against Torture does not make exceptions. We must be clear
that there are no instances when torture is acceptable.
I urge Senators to support the anti-torture amendment, and I commend
Senators McCain and Feinstein for their enduring leadership on this
issue. We must ensure that America never allows this to happen again.
[...]
Amendment No. 1889
Mr. McCAIN. Mr. President, I ask unanimous consent that the Senator
from California have 15 minutes and I have 10 minutes and that the vote
be delayed until completion of the 15 minutes and the 10 minutes.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mrs. FEINSTEIN. Thank you very much, Mr. President.
I thank the distinguished chairman for this time. I do not think I
will take 15 minutes. We have worked it down.
I join Senator McCain and Ranking Member Reed--as well as Senator
Collins and the other cosponsors, Senators Leahy, Paul, King, Flake,
Heinrich, Whitehouse, Mikulski, Wyden, Murphy, Hirono, Warner, Baldwin,
Brown and Markey--in offering an amendment that will help ensure the
United States never again carries out coercive and abusive
interrogation techniques or indefinite secret detentions.
I am very pleased that the Senate will consider this amendment, and I
urge an aye vote.
The amendment we are offering today is really very simple. It applies
the authorizations and restrictions for interrogations in the Army
Field Manual to the entire U.S. Government.
It extends what Congress did in 2005, by a vote of 90 to 9, with the
Detainee Treatment Act--which I believe Senator McCain authored--which
banned the Department of Defense from using techniques not authorized
by the Army Field Manual and also banned the government from using
cruel, inhuman, and degrading treatment or punishment.
The amendment also requires prompt access by the International
Committee of the Red Cross to any detainee held by the U.S. Government.
Both of these provisions are consistent with United States policy for
the past several years, but this amendment would codify these
requirements into law.
President Obama banned the use of coercive and abusive interrogation
techniques by Executive order in his first few days in office, actually
on January 22, 2009.
That Executive order formally prohibits--as a matter of policy--the
use of interrogation techniques not specifically authorized by the Army
Field Manual on Human Intelligence Collector Operations.
This amendment places that restriction in law. It is long overdue.
The amendment also codifies another section of President Obama's
January 2009 Executive order, requiring access by the International
Committee of the Red Cross to all U.S. detainees in U.S. Government
custody--access which has been historically granted by the United
States and other law-abiding nations and is needed to fulfill our
obligations under international law, such as the Geneva Conventions.
It is also important to understand that the policies in the 2009
Executive order are only guaranteed for as long as a future President
agrees to leave them in place. This amendment would codify these two
provisions into law.
Current law already bans torture, as well as cruel, inhuman, or
degrading treatment or punishment.
However, this amendment is still necessary because interrogation
techniques were able to be used, which were based on a deeply flawed
legal theory, and those techniques, it was said, did not constitute
``torture'' or ``cruel, inhuman, or degrading treatment.''
These legal opinions could be written again.
In 2009, President Obama's Executive Order settled the issue as
formal policy, and this amendment will codify a prohibition on a
program that was already defunct at the end of the Bush administration.
CIA Director John Brennan has clearly stated that he agrees with the
ban on interrogation techniques that are not in the Army Field Manual.
Director Brennan wrote the following to the Intelligence Committee in
2013 about the President's 2009 Executive order:
I want to reaffirm what I said during my confirmation
hearing: I agree with the president's decision, and, while I
am the Director of the CIA, this program will not under any
circumstances be reinitiated. I personally remain firm in my
belief that enhanced interrogation techniques are not an
appropriate method to obtain intelligence and that their use
impairs our ability to continue to play a leadership role in
the world.
Furthermore, it is important to point out that the Senate and the
House both
[[Page S4179]]
required the use of the Army Field Manual across the government in the
fiscal year 2008 Intelligence authorization bill. Unfortunately,
President Bush vetoed that legislation.
Whatever one may think about the CIA's former detention and
interrogation program, we should all agree that there can be no turning
back to the era of torture.
Interrogation techniques that would together constitute torture do
not work. They corrode our moral standing, and ultimately they
undermine any counterterrorism policies they are intended to support.
So before I close, I ask unanimous consent to have printed in the
Record a series of letters and statements in support of this amendment.
There being no objection, the material was ordered to be printed in
the Record, as follows:
June 9, 2015.
Dear Senator: As retired generals and admirals who believe
that American ideals are a national security asset, we urge
you to support the amendment to the 2016 National Defense
Authorization Act that solidifies the ban against torture and
cruel treatment of detainees in U.S. custody.
While international and domestic law, including the 2005
Detainee Treatment Act, prohibit such cruelty, high-level
officials in the Executive Branch still managed to evade
congressional intent by using loophole lawyering to authorize
torture and cruel treatment. We need to make sure this never
happens again. The United States should have one standard for
interrogating detainees that is effective, lawful, and
humane.
The McCain-Feinstein amendment would ensure lawful,
effective, and humane interrogations of individuals taken
into custody by requiring all agencies and departments to
comply with the time-tested requirements of the Army Field
Manual (``Human Intelligence Collector Operations''). It
would also codify existing Department of Defense (DOD)
practice of guaranteeing timely notification and access to
the International Committee of the Red Cross (ICRC) for
detainees taken into custody--an important bulwark against
abuse.
We strongly urge you to support this legislation to help
move our country towards decisively rejecting the use of
torture or cruel treatment against detainees held in our
custody.
Thank you for your commitment to upholding our national
security and American values.
Sincerely,
General Joseph Hoar, USMC (Ret.); General Charles Krulak,
USMC (Ret.); General David M. Maddox, USA (Ret.);
Lieutenant General John Castellaw, USMC (Ret.);
Lieutenant General Robert G. Gard, Jr., USA (Ret.);
Vice Admiral Lee F. Gunn, USN (Ret.); Lieutenant
General Claudia J. Kennedy, USA (Ret.); Lieutenant
General Charles Otstott, USA (Ret.); Lieutenant General
Norman R. Seip, USAF (Ret.); Vice Admiral Joe Sestak,
USN (Ret.); Lieutenant General Harry E. Soyster, USA
(Ret.); Lieutenant General Keith J. Stalder, USMC
(Ret.); Rear Admiral Don Guter, JAGC, USN (Ret.); Rear
Admiral John D. Hutson, JAGC, USN (Ret.); Major General
J. Michael Myatt, USMC (Ret.); Major General William L.
Nash, USA (Ret.).
Major General Eric T. Olson, USA (Ret.); Major General
Thomas J. Romig, USA (Ret.); Major General Walter L.
Stewart, Jr., USA (Ret.); Major General Antonio M.
Taguba, USA (Ret.); Brigadier General John Adams, USA
(Ret.); Brigadier General Stephen A. Cheney, USMC
(Ret.); Brigadier General James P. Cullen, USA (Ret.);
Brigadier General Evelyn P. Foote, USA (Ret.);
Brigadier General Gerald E. Galloway, USA (Ret.);
Brigadier General Leif H. Hendrickson, USMC (Ret.);
Brigadier General David R. Irvine, USA (Ret.);
Brigadier General John H. Johns, USA (Ret.); Brigadier
General Murray G. Sagsveen, USA (Ret.); Brigadier
General Stephen N. Xenakis, USA (Ret.).
____
[From Peaceful Tomorrows, June 10, 2015]
September 11th Families Support the Reinforcement of Ban on Torture
(Posted by Katharina)
As family members of those killed on September 11th we have
strong opinions regarding torture. The use of enhanced
interrogation techniques, or torture by another name, was
wrongly justified by some as means to prevent another
terrorist attack. Torture is never justified. September 11th
Families for Peaceful Tomorrows applauds the legislation
being offered by Senators McCain and Feinstein to reinforce
the ban on torture. Any assertion of torture as effective
must be repudiated. Any loophole suggesting torture as a
justifiable means to security must be closed. Any ethical
principle that finds torture morally permissible must be
challenged.
American legislators must clearly and forcefully codify
policy that rejects and criminalizes torture in all its
forms. Only then will trust in the rule of law be restored,
and the people of this nation truly safe.
____
June 9, 2015.
Dear Senator: As intelligence and interrogation
professionals who have offered our collective voice opposing
torture and other forms of cruel, inhuman or degrading
treatment, we strongly encourage you to support the amendment
to the 2016 National Defense Authorization Act that
solidifies the ban against torture and cruel treatment of
detainees in U.S. custody.
While international and domestic law, including the 2005
Detainee Treatment Act, prohibit such cruelty, sadly high-
level officials in the Executive Branch exploited loopholes
and still authorized torture and cruel treatment. The
interrogation methods that have kept America safe for
generations are sophisticated, humane, lawful, and produce
reliable, actionable intelligence in any interrogation
scenario. To promote a return to that respected level of
professionalism, there must be a single well-defined standard
of conduct--consistent with our values as a nation--across
all U.S. agencies to govern the detention and interrogation
of people anywhere in U.S. custody.
The amendment would ensure lawful, effective, and humane
interrogations of individuals taken into custody by requiring
all agencies and departments to comply with the time-tested
requirements of the Army Field Manual (``Human Intelligence
Collector Operations''). It would also require a review of
the Army Field Manual to ensure that best practices and the
most recent evidenced-based research on humane interrogation
are incorporated. It would also codify existing Department of
Defense (DOD) practice of guaranteeing timely notification
and access to the International Committee of the Red Cross
(ICRC) for detainees taken into custody--an important bulwark
against abuse.
We strongly urge you to support this legislation to help
move our country forward and reaffirm that there is no
conflict between adhering to one of our nation's essential
and founding values--respect for inherent human dignity--and
our ability to obtain the intelligence we need to protect the
nation.
Sincerely,
Frank Anderson, CIA (Ret.); Donald Canestraro, DEA
(Ret.); Glenn Carle, CIA (Ret.); Jack Cloonan, CIA
(Ret.); Barry Eisler, Formerly CIA; Eric Fair, Formerly
U.S. Army; Mark Fallon, NCIS (Ret.); Charlton Howard,
NCIS (Ret.); David Irvine, Brigadier General, U.S. Army
(Ret.); Timothy James, NCIS (Ret.); Steve Kleinman,
Colonel, USAFR (Ret.); Marcus Lewis, Formerly U.S.
Army; Brittain Mallow, Colonel, USA (Ret.); Mike Marks,
NCIS (Ret.);
Robert McFadden, NCIS (Ret.); Charles Mink, Formerly U.S.
Army; Joe Navarro, FBI (Ret.); Torin Nelson, Formerly
U.S. Army; Carissa Pastuch, Formerly U.S. Army; William
Quinn, Formerly U.S. Army; Ken Robinson, U.S. Army
(Ret.); Rolince, Mike, FBI (Ret.); Ed Soyster,
Lieutenant General, U.S. Army (Ret.).
____
Committee on International
Justice and Peace,
Washington, DC, June 10, 2015.
U.S. Senate,
Washington, DC.
Dear Senator, As deliberations over the FY 2016 National
Defense Authorization Act continue, I write to express
support for an amendment offered by Senators John McCain and
Dianne Feinstein that would prohibit all U.S. government
agencies and their agents from using torture as an
interrogation technique.
The amendment would:
Require all U.S. government agencies (including the CIA) to
limit interrogation techniques to those set out in the Army
Field Manual;
Require the Army Field Manual be updated regularly and
remain available to the public to reflect best interrogation
techniques designed to elicit statements without the use or
threat of force; and
Require the International Committee of the Red Cross be
given access to all detainees.
These provisions are ones that the Committee on
International Justice and Peace of the United States
Conference of Catholic Bishops have long supported in trying
to ban the practice of torture by the U.S. government.
The Army Field Manual 2-22.3 prescribes uniform standards
for interrogating persons detained by the Department of
Defense. A guiding principle of the Field Manual echoes the
Golden Rule: ``In attempting to determine if a contemplated
approach or technique should be considered prohibited, and
therefore should not be included in an interrogation plan,
consider . . . if the proposed approach technique were used
by the enemy against one of your fellow soldiers, would you
believe the soldier had been abused?'' (5-76)
The McCain-Feinstein amendment seeks to ensure that Army
Field Manual's standard is also the same standard used by
other governmental agencies, including the CIA. Adhering to
these standards and ensuring access by the International
Committee of the Red Cross to visit detainees in
international armed conflicts would make a substantial
contribution to our nation's efforts to uphold our
international obligations under the Geneva Conventions and
the Convention Against Torture. The amendment would help
restore the moral credibility of the United States.
In Catholic teaching, torture is an intrinsic evil that
cannot be justified under any
[[Page S4180]]
circumstances as it violates the dignity of the human person,
both victim and perpetrator, and degrades any society that
tolerates it. We urge all Senators to support the McCain-
Feinstein amendment that would help to ensure that laws are
enacted so that our government does not engage in torture
ever again.
Sincerely yours,
Most Reverend Oscar Cantu,
Bishop of Las Cruces, Chair, Committee on International
Justice and Peace.
____
Protecting U.S. Security Upholding American Values
The United States detainee interrogation policy can live up
to American values and, at the same time, protect our
national security. This policy, supported by overwhelmingly
bipartisan legislation in 2005, states: ``No individual in
the custody or under the physical control of the U.S.
Government, regardless of nationality or physical location,
shall be subject to cruel, inhuman, or degrading treatment or
punishment.'' Such principles can be attained by following
the U.S. Army Field Manual on Human Intelligence Collector
Operations. We believe these lawful, humane, and effective
techniques will produce actionable intelligence while
adhering to our founding principles.
To ensure the integrity of this critical process, Congress
should conduct effective, real-time oversight on America's
intelligence communities. Failure to live up to these
internal safeguards adversely affects the nation's security
and damages America's reputation in the world.
Richard Armitage, Deputy Secretary of State, 2001-2005;
Howard Berman, U.S. Congressman (D-CA), 1983-2013;
David Boren, U.S. Senator (D-OK), 1979-1994, Governor
of Oklahoma, 1975-1979; Harold Brown, Secretary of
Defense, 1977-1981; David Durenberger, U.S. Senator (R-
MN), 1978-1995; Lee Hamilton, U.S. Congressman (D-IN),
1965-1999; Gary Hart, U.S. Senator (D-CO), 1975-1987;
Rita Hauser, Chair, International Peace Institute,
1992-Present; Carla Hills, U.S. Trade Representative,
1989-1993; Thomas Kean, Governor of New Jersey, 1982-
1990, 9/11 Commission Chairman.
Richard C. Leone, Senior Fellow and former President of
the Century Foundation; Carl Levin, U.S. Senator (D-
MI), 1979-2015; Richard Lugar, U.S. Senator (R-IN),
1977-2013; Robert C. McFarlane, National Security
Advisor, 1983-1985; Donald McHenry, Ambassador to the
United Nations, 1979-1981; William Perry, Secretary of
Defense, 1994-1997; Charles Robb, U.S. Senator (D-VA);
1989-2001; Governor of Virginia, 1982-1986; Ken
Salazar, Secretary of the Interior, 2009-2013, U.S.
Senator (D-CO), 2005-2009; George Shultz, Secretary of
State, 1982-1989; William H. Taft IV, Deputy Secretary
of Defense, 1984-1989.
____
National Association
of Evangelicals,
Washington, DC, June 8, 2015.
Dear Senator: As you authorize FY16 appropriations for the
Department of Defense, please approve language in an
amendment to be offered by Senators McCain and Feinstein that
would strengthen the prohibition of torture in U.S. law and
apply the Army Field Manual interrogation policies and
standards to all personnel and facilities operated or
controlled by our government.
The National Association of Evangelicals (NAE) opposes the
use of torture as a violation of basic human dignity that is
incompatible with our beliefs in the sanctity of human life.
The use of torture is also inconsistent with American values,
undermines our moral standing in the world and may contribute
to an environment in which captured U.S. personnel are
subjected to torture.
The NAE's position is set forth in ``An Evangelical
Declaration Against Torture,'' available at http://nae.net/
an-evangelical-dec
laration-against-torture/, and reaffirmed in a recent NAE
statement (http://nae.net/nae-affirms-u-s-army-prohibition-
of-torture/).
While the use of torture is currently prohibited across all
government agencies by executive order, this fundamental
principle must be enshrined in law, to ensure that no future
President may authorize the use of torture.
We are grateful for your leadership and pray that God will
guide you as you consider how best to defend our nation.
Sincerely,
Leith Anderson,
President.
____
National Council of Churches,
June 11, 2015.
U.S. Senate,
Washington, DC.
Dear Senators: As you consider amendments to the National
Defense Authorization Act, please support the McCain-
Feinstein amendment on torture. The amendment would prohibit
torture by requiring the CIA and other agencies to follow the
guidelines in the Army Field Manual when conducting
interrogations, and by ensuring that the International
Committee of the Red Cross is given access to all detainees.
The amendment also provides a means to update the Field
Manual to reflect the best legal, humane, and effective
interrogation techniques.
As Christians we believe that all people are created in the
image of God, endowed by our Creator with an inalienable
dignity and worth. Torture is a deeply degrading violation of
that image and to us it is never morally acceptable. As the
most powerful country on earth, we should set an example for
humane treatment of prisoners; we should never allow our
nation's practices to be used to justify torture.
Passing the McCain-Feinstein amendment would strengthen the
legal prohibition against torture and thereby prevent the CIA
from ever resuming its torture program. Please support
McCain-Feinstein and help begin to put the CIA's brutal and
degrading use of torture behind us.
Sincerely,
Jim Winkler,
President and General Secretary.
____
American Civil Liberties Union; Human Rights; National
Religious Campaign Against Torture; The Constitution
Project; Physicans for Human Rights; Open Society
Policy Center; The Center for Victims of Torture
(For Immediate Release: June 9, 2015)
Human Rights Groups Applaud Legislation Reaffirming U.S. Prohibition on
Torture
On Tuesday, June 9, 2015, Senators McCain, Feinstein, Reed,
and Collins introduced legislation to make the U.S. Army
Field Manual on Interrogations the standard for all U.S.
government interrogations to make sure that the United States
never uses torture again. Seven human rights and civil
liberties organizations, including the ACLU, the Center for
Victims of Torture, The Constitution Project, Human Rights
First, the National Religious Campaign Against Torture, the
Open Society Policy Center, and Physicians for Human Rights,
announced their strong support for the legislation via the
joint statement below.
Washington, DC.--We applaud Senators McCain, Feinstein,
Reed and Collins for offering bipartisan legislation to
ensure that the United States never uses torture again.
Senator McCain's prior legislation (the Detainee Treatment
Act) was approved by the Senate in 2005 with strong
bipartisan support and was a positive game-changer by
mandating among other things that interrogations conducted by
all Department of Defense personnel had to follow the U.S.
Army Field Manual on Interrogation (the Interrogation
Manual). The McCain-Feinstein amendment extends and improves
the Detainee Treatment Act by making the Interrogation Manual
the standard for all U.S. government interrogations, and by
mandating that the Manual be reviewed and updated regularly
to insure that it reflects the very best evidence-based
interrogation practices and complies with all U.S. legal
obligations. The McCain-Feinstein amendment also requires
that the International Committee of the Red Cross have access
to every prisoner in U.S. custody no matter where or by whom
they are held.
We believe that the CIA's ``enhanced interrogation''
techniques and ``black sites'' were clearly illegal under the
law that existed on 9/11, under the 2005 Detainee Treatment
Act and also under the relevant provisions of the 2006
Military Commissions Act. But the overwhelming evidence that
has emerged of shocking brutality employed by the CIA
notwithstanding these laws--including waterboarding, nudity,
stress positions, sleep deprivation, forced rectal feeding,
beatings and other abuses--demonstrates that additional
protections are still essential. Had the McCain-Feinstein
amendment been in place following the 9/11 attacks we believe
it would have significantly bolstered other prohibitions on
torture and made it far more difficult, if not impossible,
for the CIA to establish and operate their torture program.
Among other things, the Interrogation Manual explicitly
prohibits waterboarding, forced nudity and other forms of
torture employed by the CIA and it specifies that only
interrogation methods that are expressly described in the
Interrogation Manual are permitted. In addition, under the
McCain-Feinstein legislation no prisoner could have been
hidden away at CIA ``black sites'' without access to the Red
Cross.
More can and should be done to pursue accountability for
past brutal and illegal interrogations and to improve the
Interrogation Manual. But the McCain-Feinstein Amendment is a
vital and welcome step toward ensuring that the United States
never again uses torture.
Mrs. FEINSTEIN. I ask my colleagues to support this amendment, and by
doing so, we can recommit ourselves to the fundamental precept that the
United States does not torture--without exception and without
equivocation--and ensure that the mistakes of our past are never again
repeated in the future.
I ask for a ``yes'' vote, and I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Flake). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. McCAIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page S4181]]
Mr. McCAIN. Mr. President, I ask my colleagues to, if they wish,
disregard my statement with the exception of the statement by GEN David
Petraeus. I don't know of a military leader who is more respected in
America and throughout the world than GEN David Petraeus. I don't have
to remind my colleagues that he was the commander of U.S. forces in
Iraq and Afghanistan and Director of the CIA. He arguably has more
experience dealing with foreign detainee issues across the U.S.
Government than any other American. These are the words of GEN David
Petraeus:
I strongly support the extension of the provisions of the
U.S. Army Field Manual that currently govern the actions of
the U.S. military to all U.S. Government personnel and
contractors. Our Nation has paid a high price in recent
decades for the information gained by the use of techniques
beyond those in the field manual, and in my view, that price
far outweighed the value of the information gained through
the use of techniques beyond those in the manual.
I urge my colleagues to listen to the words of David Petraeus.
Here is a letter I received this month from former intelligence
interrogation professionals, the U.S. military, the CIA, and the FBI.
Here is an excerpt from the letter they sent to me this month:
As intelligence and interrogation professionals who have
offered our collective voice opposing torture and other forms
of cruel, inhuman or degrading treatment, we strongly
encourage you to support the amendment. . . . The
interrogation methods that have kept America safe for
generations are sophisticated, humane, lawful and produce
reliable, actionable intelligence in any interrogation
scenario. To promote a return to that respected level of
professionalism, there must be a single well-defined standard
of conduct--consistent with our values as a nation--across
all U.S. agencies to govern the detention and interrogation
of people anywhere in U.S. custody.
This is supported by some of our most experienced military leaders.
They expressed their views in a letter I received this month, 30 of
whom are retired, including a former Commandant of the Marine Corps,
former commander of Centcom, former commander and chief of U.S. Army
Europe--they wrote the following:
This amendment not only solidifies America's stance against
torture and other forms of cruel, inhuman or degrading
treatment. It also ensures that interrogation methods used by
all U.S. personnel are professional and reflect the
government's best practices. In that way, we not only ensure
that these interrogations are humane and lawful, but also
that they produce reliable intelligence on which we depend if
we are to fight and win against the current terrorist threat.
Mr. President, I ask unanimous consent to have printed in the Record
the letter from those individuals dated June 9, 2015.
There being no objection, the material was ordered to be printed in
the Record, as follows:
June 9, 2015.
Dear Senator: As intelligence and interrogation
professionals who have offered our collective voice opposing
torture and other forms of cruel, inhuman or degrading
treatment, we strongly encourage you to support the amendment
to the 2016 National Defense Authorization Act that
solidifies the ban against torture and cruel treatment of
detainees in U.S. custody.
While international and domestic law, including the 2005
Detainee Treatment Act, prohibit such cruelty, sadly high-
level officials in the Executive Branch exploited loopholes
and still authorized torture and cruel treatment. The
interrogation methods that have kept America safe for
generations are sophisticated, humane, lawful, and produce
reliable, actionable intelligence in any interrogation
scenario. To promote a return to that respected level of
professionalism, there must be a single well-defined standard
of conduct--consistent with our values as a nation--across
all U.S. agencies to govern the detention and interrogation
of people anywhere in U.S. custody.
The amendment would ensure lawful, effective, and humane
interrogations of individuals taken into custody by requiring
all agencies and departments to comply with the time-tested
requirements of the Army Field Manual (``Human Intelligence
Collector Operations''). It would also require a review of
the Army Field Manual to ensure that best practices and the
most recent evidenced-based research on humane interrogation
are incorporated. It would also codify existing Department of
Defense (DOD) practice of guaranteeing timely notification
and access to the International Committee of the Red Cross
(ICRC) for detainees taken into custody--an important bulwark
against abuse.
We strongly urge you to support this legislation to help
move our country forward and reaffirm that there is no
conflict between adhering to one of our nation's essential
and founding values--respect for inherent human dignity--and
our ability to obtain the intelligence we need to protect the
nation.
Sincerely,
Frank Anderson, CIA (Ret.); Donald Canestraro, DEA (Ret.);
Glenn Carle, CIA (Ret.); Jack Cloonan, CIA (Ret.); Barry
Eisler, Formerly CIA; Eric Fair, Formerly U.S. Army; Mark
Fallon, NCIS (Ret.); Charlton Howard, NCIS (Ret.); David
Irvine, Brigadier General, U.S. Army (Ret.); Timothy James,
NCIS (Ret.); Steve Kleinman, Colonel, USAFR (Ret.); Marcus
Lewis, Formerly U.S. Army; Brittain Mallow, Colonel, USA
(Ret.); Mike Marks, NCIS (Ret.); Robert McFadden, NCIS
(Ret.); Charles Mink, Formerly U.S. Army; Joe Navarro, FBI
(Ret.); Torin Nelson, Formerly U.S. Army; Carissa Pastuch,
Formerly U.S. Army; William Quinn, Formerly U.S. Army; Ken
Robinson, U.S. Army (Ret.); Rolince, Mike, FBI (Ret.); Ed
Soyster, Lieutenant General, U.S. Army (Ret.).
Mr. McCAIN. In a letter this month, the National Association of
Evangelicals wrote the following in support of this amendment:
While the use of torture is currently prohibited across all
government agencies by executive order, this fundamental
principle must be enshrined in law to ensure that no future
President may authorize the use of torture.
Again, that is from the National Association of Evangelicals.
The Committee on International Justice and Peace at the United States
Conference of the Catholic Bishops wrote the following in support of
the amendment:
In Catholic teaching, torture is an intrinsic evil that
cannot be justified under any circumstances as it violates
the dignity of the human person, both victim and perpetrator,
and degrades any society that tolerates it. We urge all
Senators to support the McCain-Feinstein amendment that would
help to ensure that laws are enacted so that our government
does not engage in torture ever again.
I respect the dedication and services of those charged with
protecting this country. For 14 years, America's security professionals
in the military, intelligence community, and beyond have lived every
day with a dogged determination to protect their fellow Americans. But
at the same time, we must continue to insist that the methods we employ
in this fight for peace and freedom must always be as right and
honorable as the goals and ideals we fight for.
I believe past interrogation policies compromised our values, stained
our national honor, and did little practical good. I don't believe we
should have employed such practices in the past, and we should never
permit them in the future. This amendment provides greater assurances
that never again will the United States follow that dark path of
sacrificing our values for our short-term security needs.
I also know that such practices don't work. I know from personal
experience that the abuse of prisoners does not produce good, reliable
intelligence. Victims of torture will offer intentionally misleading
information if they think their captors will believe it.
I firmly believe that all people, even captured enemies, possess
basic human rights which are protected by international standards often
set by America's past leaders. Our enemies act without conscience. We
must not. Let's reassert the contrary proposition that it is essential
to our success in this war that we ask those who fight it for us to
remember at all times that they are defending a sacred ideal of how
nations should be governed and should remember this when they conduct
their relations with others, even our enemies.
Those of us who give them this duty are obliged by history, by our
Nation's highest ideals and the many terrible sacrifices made to
protect them, and by our respect for human dignity to make clear that
we need not risk our national honor to prevail in this or any war. We
need only remember in the worst of times, through the chaos and terror
of war, when facing cruelty, suffering, and loss, that we are always
Americans and different, stronger, and better than those who would
destroy us.
I yield the remainder of my time.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. REED. Mr. President, I stand as a very proud cosponsor, along
with Senator McCain and Senator Feinstein, on this amendment. I
particularly wish to commend both Senator Feinstein and Senator McCain
because they have really been the leaders in this Senate and in this
country in expressing our fundamental values when
[[Page S4182]]
it comes to the techniques we employ for those we detain in combat
zones. Both their words and personal example have set an extraordinary
standard for us to respond to, and this amendment is typical of what
they have done. It would codify the terms of President Obama's
Executive order 13491 that applies to the Army Field Manual on
interrogations not only for the U.S. military but also for the
interrogation of detainees by other U.S. Government agencies.
What I think is so critical to this debate, this amendment, and the
service of these two Senators is that the humane treatment standard we
set for those who are in our custody also serves to protect our men and
women if they fall into the hands of our opponents. We then can say
with complete sincerity and complete fidelity that we demand our troops
receive humane treatment when in the custody of hostile forces because
that is what we do. When we deviate from that standard, we imperil the
safety and lives of our men and women in uniform who may fall into
hostile hands.
As we adhere to these standards, we are not only setting a very high
bar for the treatment of those whom we may hold, but we are innately
protecting the safety, health, welfare, and well-being of those who
serve in the uniform of the United States, and for that reason in
particular, I commend the sponsors of this amendment and urge all of my
colleagues to support it.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from California.
Mrs. FEINSTEIN. Mr. President, I thank both Senator McCain and
Senator Reed for their remarks. I particularly wish to thank Senator
McCain, whose life experience, for me, has been a guidepost. I don't
know anyone in this body who is more standup--and can sometimes be more
stubborn, but this all comes into play as an important thing--and
stands for the real, true, major issues this country faces.
I will never forget a conversation I had with him on the plane back
from Guantanamo. When he spoke in the Kennedy Caucus Room and used the
tap language he learned as a prisoner of war in Vietnam and to see this
man, so many years since that time, tap out messages that were meant
for prison mates in other cells with such speed and alacrity certainly
indicated that this was a very deep impression which was made on his
life. I think the fact that he has shared that with others, including
me, is very important.
I want Senator McCain to know how much I appreciate his work on this
and how grateful we are for his service to this country. He has unique
courage and unique stamina, and maybe that is just all-American. Again,
I thank the Senator from Arizona very much for his work, and the same
for Senator Reed, the ranking member on this committee. Senator Reed is
military-American through and through. Having his support has been
terrific.
Again, I thank both of them very much. It was a pleasure to work with
both of my colleagues, and I hope this passes.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. Mr. President, I thank Senator Feinstein for her very
kind words and her friendship and leadership. I hope that in return for
all of this, she will send back all the water to Arizona that
California has stolen from our State. My beloved former colleague,
Senator Barry Goldwater, used to say that in Arizona, we had so little
water that the trees chased the dogs, so we would like to get the water
back from California, and I hope that can be part of the wonderful
friendship we have enjoyed now for many years.
I thank the Senator from California.
I yield the floor.
Mr. President, I yield back all time.
The PRESIDING OFFICER. Without objection, all time is yielded back.
Under the previous order, the question is on agreeing to amendment
No. 1889, offered by the Senator from California, Mrs. Feinstein.
Mr. McCAIN. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Florida (Mr. Rubio).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 78, nays 21, as follows:
[Rollcall Vote No. 209 Leg.]
YEAS--78
Alexander
Ayotte
Baldwin
Bennet
Blumenthal
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Corker
Cruz
Daines
Donnelly
Durbin
Enzi
Feinstein
Flake
Franken
Gardner
Gillibrand
Grassley
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Leahy
Manchin
Markey
McCain
McCaskill
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Perdue
Peters
Portman
Reed
Reid
Rounds
Sanders
Schatz
Schumer
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Warner
Warren
Whitehouse
Wicker
Wyden
NAYS--21
Barrasso
Blunt
Coats
Cochran
Cornyn
Cotton
Crapo
Ernst
Fischer
Graham
Hatch
Inhofe
Lankford
Lee
McConnell
Risch
Roberts
Sasse
Scott
Sessions
Vitter
NOT VOTING--1
Rubio
The amendment (No. 1889) was agreed to.
[...]
[Congressional Record Volume 161, Number 96 (Tuesday, June 16, 2015)]
[Senate]
[Pages S4185-S4194]
[...]
Amendment No. 1889
Mr. CORNYN. Mr. President, this morning I voted against the
Feinstein-McCain amendment No. 1889 because I believe it represents
shortsighted national security policy.
The central provision of this amendment would limit the interrogation
of detainees by any U.S. Government employee or agent to techniques
that are listed in the publicly available Army Field Manual on human
intelligence collection (FM 2-22.3), essentially codifying a portion of
Executive Order No. 13491, issued by President Obama on January 22,
2009. Due to the wide public availability of this manual, this policy
enables our enemies to study and dissect the methods we use to try to
elicit sensitive information from them, giving them the opportunity to
train against these techniques and prepare for them.
Quite simply, the effect of this policy is to hand our entire
interrogation playbook to groups such as the self-declared Islamic
State of Iraq and the Levant, ``ISIL,'' Al Qaeda, and the Taliban,
which is a profound mistake. Moreover, this limitation is unnecessary,
because Congress has already taken action to prohibit interrogation or
other treatment of detainees that is ``cruel, inhuman, or degrading
treatment or punishment'' by enacting the Detainee Treatment Act of
2005.
In the past, other interrogation techniques that were not publicly
disclosed to our enemies, known as enhanced interrogation techniques,
proved their worth in numerous instances. In the wake of the terrorist
attacks of September 11, 2001, these enhanced techniques were deemed
necessary for use with certain hardened Al Qaeda leaders and operatives
who possessed valuable intelligence that could save American lives,
including knowledge of planned attacks against our Nation. There is
strong evidence to believe that EITs, in desperate situations, helped
protect our country from terrorist attacks. In addition, intelligence
obtained through these interrogations helped locate Osama bin Laden and
enabled the operation to kill or capture him in Abbottabad, Pakistan,
on May 2, 2011. The Obama administration cannot deny that intelligence
gleaned through the use of enhanced techniques played a role in
tracking down bin Laden.
In recent months, the threat of terrorism has been increasing in both
intensity and complexity. The rise of the terrorist army of ISIL makes
this a challenging time in the fight against terrorism. While it is
clear that President Obama has no intention of authorizing the use of
enhanced interrogation techniques while he is President, this amendment
would unwisely and tightly restrict the tools available to future
Presidents to protect this country. I cannot support such a policy.
[...]
