[Congressional Record Volume 155, Number 167 (Monday, November 9, 2009)]
[Senate]
[Pages S11283-S11284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES 
                   APPROPRIATIONS ACT 2010--Continued

  Mr. INHOFE. Madam President, it was my intention to ask unanimous 
consent to lay the pending amendment aside for consideration of 
amendment No. 2758. However, I will not make that request right now. It 
is my understanding, however, and I ask unanimous consent, that I be 
recognized for up to 7 minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. INHOFE. Madam President, it is my intention to go ahead in the 
morning and get this amendment in the queue. This amendment, No. 2758, 
is a simple, one-page amendment, and I will read the amendment because 
there has been a lot of confusion as to what is happening down at 
Guantanamo Bay. Amendments have been introduced to withhold funds from 
construction, to withhold the opportunities for people to come to the 
United States, but this is a simple, one-page amendment which states 
the following:

       None of the funds appropriated or otherwise made available 
     by this act or any prior act may be used to construct or 
     modify a facility or facilities in the United States or its 
     territories to permanently or temporarily hold any individual 
     who was detained as of October 1, 2009, at Naval Station 
     Guantanamo Bay.

  Some may ask: Why are we adding another Gitmo amendment? Hasn't 
everything been covered by previous amendments? The answer is clearly 
no. In 2007, the Senate voted 94 to 3 on a resolution declaring:

       Detainees housed at Guantanamo should not be released into 
     American society, nor should they be transferred stateside 
     into facilities in American communities and neighborhoods.

  Then, on May 20, 2009, the Senate passed my bipartisan amendment with 
Senator Inouye to the war supplemental bill prohibiting the transfer, 
release or incarceration of Gitmo detainees in the United States or its 
territories. It passed 90 to 6.
  Senator Inouye stated:

       We have not provided funding for the closure of Guantanamo 
     because the administration has yet to produce a credible 
     plan.

  Unfortunately, the supplemental conference deleted that language, 
allowing detainees to be transferred or transported to the United 
States for trial.
  Then, in October of 2009, the Senate voted 97 to 3 to pass the fiscal 
year 2010 Senate Defense appropriations bill that included language 
that prevents funding for any transfers, releases or incarcerations of 
Gitmo detainees to the United States through fiscal year 2010. The bill 
is in conference now, and we don't know what is going to be happening 
to it.
  On October 28, 2009, the fiscal year Defense authorization and 
Homeland Security bills were signed into law that would allow transfer 
of detainees 45 days after the President provides a plan.
  That is kind of where we are right now. This amendment will put the 
MILCON-VA bill into sync with previous authorizations and 
appropriations of the bill. So I will be trying to get this in and 
trying to get it passed. I will not go into any of the details.
  I could probably talk for 3 hours on this floor, explaining why it is 
we should not give up this valuable asset called Gitmo. There is no 
place else to send these people, and I cannot imagine why there are 
some people, including the President, who seem to be bent on bringing 
those detainees into the United States. They have tried Fort 
Leavenworth, they have tried Fort Sill in Oklahoma, and some 31 States 
have now passed legislation saying they are not going to be in any of 
their facilities. So I don't think it is going to happen, but we need 
to get language in there that is consistent to make sure we keep that 
resource open.
  By the way, this is one of the rarer resources that is very 
worthwhile. We have had this since 1907, and there is no place else in 
the world that is set up to both incarcerate and try detainees in a 
military court.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Hawaii is recognized.


                   Unanimous-Consent Request--S. 1963

  Mr. AKAKA. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 190, S. 1963, at a time to 
be determined by the majority leader following consultation with the 
Republican leader, and that when the bill is considered, it be under 
the following limitations: that general debate on the bill be limited 
to 60 minutes equally divided and controlled between the chair

[[Page S11284]]

and the ranking member of the Veterans' Affairs Committee or their 
designees; that the only amendments in order be six first-degree 
germane amendments, three each for the majority manager or his 
designee, and Senator Coburn; that debate on each amendment be limited 
to 40 minutes, equally divided and controlled in the usual form; that 
upon disposition of all amendments and the use or yielding back of all 
time, the bill as amended, if amended, be read a third time and the 
Senate then proceed to vote on passage of the bill with no further 
intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. INHOFE. Reserving the right to object, first of all, let me tell 
my good friend from Hawaii that I personally have no objection to the 
bill; however, I have been informed there are Members on our side who 
want to work out something. They feel very confident they will be able 
to work it out with the Senator, but for the purpose of today, to this 
unanimous-consent request, I have to object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Rhode Island is recognized.

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