[Congressional Record (Bound Edition), Volume 150 (2004), Part 7]
[House]
[Pages 8573-8592]
[From the U.S. Government Publishing Office, www.gpo.gov]




      DEPLORING ABUSE OF PERSONS IN UNITED STATES CUSTODY IN IRAQ

  Mr. HUNTER. Mr. Speaker, pursuant to House Resolution 628, I call up 
the resolution (H. Res. 627) deploring the abuse of persons in United 
States custody in Iraq, regardless of the circumstances of their 
detention, urging the Secretary of the Army to bring to swift justice 
any member of the Armed Forces who has violated the Uniform Code of 
Military Justice, expressing the deep appreciation of the Nation to

[[Page 8574]]

the courageous and honorable members of the Armed Forces who have 
selflessly served, or are currently serving, in Operation Iraqi 
Freedom, and for other purposes, and ask for its immediate 
consideration.
  The Clerk read the title of the resolution.
  The text of H. Res. 627 is as follows:
       Whereas the American people and the world are dismayed by 
     revelations of abuses inflicted upon detainees at the Abu 
     Ghraib prison in Baghdad;
       Whereas the military justice process so far has resulted in 
     charges being brought against six individuals, three of whom 
     have been recommended for trial by court martial;
       Whereas the investigation by the United States Central 
     Command has identified problems of leadership, chain of 
     command, and training that contributed to the instances of 
     abuse;
       Whereas the Congress was not fully informed of the 
     existence, or the seriousness, of those abuses or of the 
     investigation of those abuses until after they had been 
     disclosed in the national media;
       Whereas such abuses are offensive to the principles and 
     values of the American people and the United States military, 
     are incompatible with the professionalism, dedication, 
     standards and training required of individuals who serve in 
     the United States military, and contradict the policies, 
     orders, and laws of the United States and the United States 
     military and undermine the ability of the United States 
     military to achieve its mission in Iraq;
       Whereas the vast majority of members of the Armed Forces 
     have upheld the highest possible standards of professionalism 
     and morality in the face of illegal tactics and terrorist 
     attacks and attempts on their lives;
       Whereas members of the Armed Forces have planned and 
     conducted, frequently at great peril and cost, military 
     operations in a manner carefully intended to prevent or 
     minimize injury to Iraqi civilians and property;
       Whereas over 138,000 members of the United States Armed 
     Forces serving in Iraq, a total force comprised of active, 
     National Guard, and Reserve personnel, are executing a 
     courageous and determined mission to rebuild and rehabilitate 
     a proud nation after liberating it from the tyranny, 
     oppression, and genocide of Saddam Hussein's evil regime;
       Whereas the Department of Defense has awarded members of 
     the Armed Forces serving in Operation Iraqi Freedom at least 
     3,767 Purple Hearts, as well as thousands of commendations 
     for valor, including at least 4 Distinguished Service 
     Crosses, 127 Silver Stars, and over 16,000 Bronze Stars;
       Whereas members of the Armed Forces, United States 
     citizens, over 30 Coalition partners, and patriotic Iraqis 
     are working to finally return the government of Iraq to the 
     Iraqi people after decades of despotism;
       Whereas since the deposing of Saddam Hussein, the Iraqi 
     people have enjoyed substantial improvements in essential 
     services, including major water, sewage, power, 
     infrastructure, transportation, telecommunications, and food 
     security projects that already benefit millions more citizens 
     than under the Ba'ath Party regime;
       Whereas the quality of life for Iraqis has significantly 
     improved in the areas of food availability, health services, 
     and educational opportunities since the downfall of the 
     Hussein government; and
       Whereas security provided by the United States Armed 
     Forces, the Coalition partners of the United States, and the 
     Iraqi people has permitted the adoption by Iraq of a 
     Transitional Administrative Law, with the promise of a 
     sovereign Iraqi Interim Government, national elections, a 
     constitution, and democracy: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) deplores and condemns the abuse of persons in United 
     States custody in Iraq, regardless of the circumstances of 
     their detention;
       (2) declares that the alleged crimes of a handful of 
     individuals should not detract from the commendable 
     sacrifices of over 300,000 members of the United States Armed 
     Forces who have served, or who are serving, in Operation 
     Iraqi Freedom;
       (3) reaffirms and reinforces the American principle that 
     any and all individuals under the custody and care of the 
     United States Armed Forces shall be afforded proper and 
     humane treatment;
       (4) urges the Secretary of the Army to conduct a full and 
     thorough investigation into any and all allegations of 
     mistreatment or abuse of detainees in Iraq;
       (5) urges the Secretary of the Army and appropriate 
     military authorities to undertake corrective action to 
     address chain of command deficiencies and the systemic 
     deficiencies identified in the incidents in question;
       (6) urges the Secretary of the Army to bring to swift 
     justice any member of the Armed Forces who has violated the 
     Uniform Code of Military Justice to ensure that their actions 
     are not allowed to impugn the integrity of the United States 
     Armed Forces or undermine the United States mission in Iraq;
       (7) reaffirms the need for Congress to be frequently 
     updated on the status of efforts by the Department of Defense 
     to address and resolve issues identified in this resolution;
       (8) expresses the deep appreciation of the Nation to the 
     courageous and honorable members of the Armed Forces who have 
     selflessly served, or who are currently serving, in Operation 
     Iraqi Freedom;
       (9) expresses the support and thanks of the Nation to the 
     families and friends of the soldiers, Marines, airmen, 
     sailors, and Coast Guardsmen who have served, or who are 
     serving, in Operation Iraqi Freedom; and
       (10) expresses the continuing solidarity and support of the 
     House of Representatives and the American people for the 
     partnership of the United States with the Iraqi people in 
     building a viable Iraqi government and a secure nation.

  The SPEAKER pro tempore. Pursuant to House Resolution 628, the 
gentleman from California (Mr. Hunter) and the gentleman from Missouri 
(Mr. Skelton) each will control 30 minutes.
  The Chair recognizes the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, during the debate on the rule, I think every Member who 
was listening to the debate as they listened to a number of speeches 
being made over and over, sometimes the same things being said by 
different Members, they understand the subject which we are addressing 
today, which is the criminal acts of what has been identified so far as 
six individuals, with three of them having been recommended under 
article 32 of the UCMJ to the court martial convening authority for 
general court martial for abuse of prisoners, assault, and dereliction 
of duty.
  That is one of the purposes of this resolution, for this House to 
condemn those activities. Understand that the criminal prosecutions 
have not taken place yet, the trials have not been held and that we are 
not passing judgment at this point on people who are being focused on 
as potential defendants in these cases. But I thought it was important, 
Mr. Speaker, to talk about the other people, because the tendency of 
the media and the discussion has been to forget about the 300,000 
uniformed Americans who are serving our country with bravery, with 
compassion, with ingenuity and doing great things, not in their own 
communities, but in communities thousands of miles away where the only 
reward they may receive is from a kid that they have given a soccer 
ball to like hundreds of the 101 Airborne members, or for people whom 
they have hooked up a water supply as people have done in all of the 
cities throughout central Iraq or children that have been vaccinated by 
American medics. The only thanks they are going to get, obviously, is 
not going to come from the American press at this point because the 
American press is fixated on what you might call the six bad apples who 
have been identified to date, and there may be more. We all know that.
  But the 300,000 who served honorably, they are not going to get too 
much attention here because it is not in keeping with a good sound bite 
today if you want to get on television to talk about the good things 
that have been done in the country.
  My great partner on this Committee on Armed Services, the gentleman 
from Missouri (Mr. Skelton), was in full accord with this. We wanted to 
make sure that the good people got talked about and that this did not 
turn into the action of the demoralization of our fighting forces in 
Iraq.
  So we wanted to talk about the good things they have done. And this 
resolution, and I would commend it to every Democrat and Republican, 
from the gentlewoman from California (Ms. Pelosi) and all of the others 
who may have had trouble or problems with this resolution, I would 
commend it to them to approve and to support and to vote for.
  I just wanted to say, Mr. Speaker, I am looking at right now some of 
the untold stories; and I wanted to cite an untold story to you, a 
couple of them. It is true that there were abuses so far by six people 
who have been identified in this Abu Ghraib prison; but while that was 
going on, Gunnery Sergeant Jeffrey Bohr of the United States Marine 
Corps was awarded the Silver Star posthumously for conspicuous 
gallantry and intrepidity in action

[[Page 8575]]

against the enemy while serving as Company Gunnery Sergeant, Company A, 
1st Battalion, 5th Marine Regiment, Regimental Combat Team 5, 1st 
Marine Division.
  While moving through narrow streets toward the objective, the convoy 
took intense small arms and rocket-propelled grenade fire. Throughout 
this movement, Gunnery Sergeant Bohr delivered accurate effective fires 
on the enemy, while encouraging his Marines and supplying critical 
information to his company commander. When the lead vehicles of the 
convoy reached a dead end and were subjected to heavy enemy fire, 
Gunnery Sergeant Bohr continued to boldly engage the enemy while calmly 
maneuvering his Marines to safety.
  Upon learning of a wounded Marine in a forward vehicle, Gunnery 
Sergeant Bohr immediately coordinated medical treatment and evacuation. 
Moving to the position of the injured Marine, Gunnery Sergeant Bohr 
continued to lay down a high volume of suppressive fire, simultaneously 
guiding the medical evacuation vehicle until he was mortally wounded by 
enemy fire.
  Yes, we had abuses by some six people. We have had apparent abuses by 
some six people who are now going through the criminal justice system 
of the U.S. Army, which I think our Members will find moves a lot 
faster than the domestic justice system. But at the same time, Corporal 
Marco Martinez was undertaking actions which led to him being awarded 
the second highest award that our government can give for heroism, the 
Navy Cross.
  So I thought I might take a little bit of this time that was intended 
to beat up the U.S. military, to congratulate some of those 300,000 
people who have served U.S. so well.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SKELTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise with heavy heart, a heavy heart for two reasons. 
The first reason is that a group of American soldiers forgot that they 
were soldiers and they forgot that the middle name of a soldier is 
``honor,'' in doing the despicable acts that they did in that prison. 
That breaks my heart. I know it breaks the hearts of Americans who saw 
those pictures and learned of those acts which border on the 
unspeakable.
  But the seconds reason my heart is broken is that the occurrences 
happened between October and December of last year; they were reported 
in January of this year. A two star general in the Army, Major General 
Taguba was called to investigate and his report was rendered in 
February. And as ranking member on this committee, I found out about it 
this month, in May, not by any official sources, but through the news 
media.
  Mr. Speaker, that also breaks my heart. We in Congress under the 
Constitution are the first of the three parts of government listed. We 
are the ones that raise the money and write the rules for those who 
serve in the military. We are an important part of the national 
security, and I think that we should be informed as quickly as possible 
when these very, very tragic occurrences happen.
  Recently in the Wall Street Journal, on April 22, an administration 
official in response to the expenditure of appropriations funds 
regarding Iraq and the Middle East stated, ``If lawmakers do not ask 
questions, they do not get answers.''
  Mr. Speaker, it is incumbent upon them to keep U.S. informed because 
we are the genesis of their funding. We are the genesis of the rules by 
which they in uniform operate and the defense of our Nation are 
concerned.
  This error has become a mistake. The late John F. Kennedy once said, 
``An error does not become a mistake until you refuse to correct it. 
Without debate, without criticism, no administration, no country can 
succeed and no republic can survive.''
  We seem, Mr. Speaker, to have forgotten that.
  I support this resolution, and I think it is necessary. It is a 
shameful series of acts. I support this resolution because it deplores 
and condemns the abuse of those in custody. And it is not just about 
isolated cases of abuse. This incident could very well be the tipping 
of the security and reconstruction of Iraq. I hope that is wrong. But 
if we lose the trust of the Iraqi people, if we lose their hearts and 
minds, we cannot bring anything else effectively to that part of the 
world.
  We must win back the trust, the safety of our troops, and the future 
of these citizens of Iraq. For that reason, I support this resolution. 
It urges the Secretary of the Army and the appropriate military 
authorities to complete a thorough investigation to bring anyone who 
committed crimes to justice. This applies regardless of who committed 
the crimes, military personnel, government agencies or private 
contractors.
  The Iraqi people must see U.S. taking swift and strong action. As a 
matter of fact, we here in Congress and our chairman, the gentleman 
from California (Mr. Hunter), has announced that we will have a hearing 
on this very subject tomorrow in the hearing room 2118 at 3 o'clock 
with Secretary Rumsfeld. I think that is the right thing for the 
gentleman to have called, and I thank him for it publicly.
  It is an important role for U.S. to have continuing oversight of this 
issue. We do need, in addition thereto, a congressional inquiry by the 
staff on the broader policy issues that were raised by this incident. I 
will underline that.
  Finally, I believe this resolution appropriately points out that so 
many of our troops have served honorably, and the chairman is correct 
on that, done extraordinarily well in difficult circumstances.
  Not long ago I attended a funeral over here at Arlington Cemetery of 
a staff sergeant from the Fourth District of Missouri, which I am 
privileged to represent. And these soldiers who forgot that they were 
soldiers caused his death, in so many respects, to have been in vain. 
We have to correct this and make sure that those who pay the ultimate 
sacrifice will be remembered and will be honored for the work that they 
do in Iraq to bring stability and some sort of representative 
government there.
  We have to look at the chain of command. We have to look at the 
command atmosphere that allowed these occurrences to happen. So for 
this reason and the reason that we were not told promptly and the fact 
that we need not only the hearing tomorrow, which I am pleased we will 
have, we need a thorough investigation to go forward on this subject.
  We must be successful in Iraq. We must show not just the Iraqi 
people, we must show the world the values of our country. We need to. 
And one way to do it is to proceed to investigate this and make this a 
very transparent, clear picture for the world to see.
  Mr. Speaker, I thank you for this time. It would be well for those in 
authority to understand the admonition that sat on the desk of the late 
President Harry S Truman: ``The buck stops here.''
  Keeping that in mind, let U.S. move forward and do the right thing, 
for the Iraqi people, for those who served so honorably and so well, 
and for those who paid for the sacrifice of their service. Let this be 
a reflection of the decency and honesty and thoroughness of the values 
of America in what we do.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HUNTER. Mr. Speaker, I yield 2 minutes to the gentleman from 
North Carolina (Mr. Hayes).

                              {time}  1330

  Mr. HAYES. Mr. Speaker, let me thank the gentleman from California 
and chairman for yielding the time. Let me thank my friend, my 
colleague, the gentleman from Missouri (Mr. Skelton) with whom I 
completely identify and thoroughly agree with the remarks he made in 
setting the stage for the purpose of this resolution.
  As I hold this picture here, it is reference that what our troops are 
about in Iraq. When I spoke earlier supporting the resolution and the 
rule, I referred to a call that I had just received from an 82nd 
Airborne trooper, who had lost a leg in Iraq for these children, for 
these men and women.
  I called Daniel Metzdorf back on the phone at Walter Reed Hospital, 
where he is back because of additional infection. I said, Daniel, what 
do you all

[[Page 8576]]

think about what is going on? He said, it is wrong. Those people will 
be punished, and, oh, by the way, the people who put the pictures on 
the television to undermine our troops, they ought to be in jail, too.
  God bless our troops and protect them.
  Mr. SKELTON. Mr. Speaker, I yield 3 minutes to the gentleman from New 
York (Mr. Rangel), who is the ranking member of the Committee on Ways 
and Means.
  Mr. RANGEL. Mr. Speaker, I thank the gentleman from Missouri (Mr. 
Skelton) for the time.
  This is a very difficult time for me because I find it difficult to 
rise in opposition of this resolution, and the reason I do it is 
because there just does not seem to be enough outrage involved in what 
is being said.
  We should not have to apologize for brave men and women. We should 
not have to apologize for what the executive branch or the Congress has 
or has not done. We should not be put in this position.
  Several months ago, I called for the resignation of the Secretary of 
Defense because I thought, as a major architect of this war, that he 
was fighting this war with other people's children, and when he said 
that he did not know whether or not we were winning or losing the war, 
when he said that he did not know whether we were creating more 
terrorists than we were killing, when he said we did not have any plan 
to end the war, that it was a slog, I thought, as a former combat 
veteran, is this the leadership that we can expect from the Secretary 
of Defense? I thought that America and the military deserve better than 
that and he should resign.
  Now the information that we receive is that a climate has been 
created where a handful of people have committed these atrocities 
against human kind in an atmosphere where all of the people that are in 
Iraq have been demonized where it appears to American people and 
certainly to our military that the people in Iraq are responsible for 
9/11 and causing us pain, that the Secretary of Defense did have 
information months ago about these atrocities; and that he kept it from 
the President, he kept it from the Congress and he kept it from the 
American people. I think that this rises to the point that it is a high 
crime and misdemeanor if he disappointed the President, kept 
information from the Congress and kept this information from the 
American people.
  I think America and the world wants us to show the outrage, not by 
rhetoric, but by taking action, and if the President does not fire the 
Secretary, if he does not resign, I think it is the responsibility of 
this Congress to file articles of impeachment and force him to leave 
office. Then the whole world would know, not just our military, not 
just Americans but the whole world what we stand for.
  If people can say ``mission completed'' when it looks like there is 
victory and we see atrocities like this and it happens on someone's 
watch, if they do not have the dignity to say I am sorry and move on, 
then we have the responsibility under our Constitution to remove these 
people from office.
  He kept the information away from this Congress. We have the 
responsibility of oversight. I am preparing articles of impeachment 
today.
  Mr. HUNTER. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Virginia (Mrs. Jo Ann Davis).
  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I rise today in support 
of this resolution, and I want to thank the gentleman from California 
(Chairman Hunter) for bringing it to the floor.
  First, I want to stress my unwavering support for our men and women 
in uniform. I am absolutely convinced that recent reports of prisoner 
abuses are in no way representative of the majority of those who serve 
in our armed services.
  Our fellow Americans who are in Iraq are some of the most dedicated 
and honorable people in our whole country. It is a rare thing these 
days to find them with such strong commitment to the values that have 
made this Nation so great.
  Our military is known throughout the entire world for upholding and 
fighting for human rights, and that is why the American people are so 
shocked at the recent reports of prisoner abuse and torture. I, too, am 
shocked, and it is unfortunate that a few soldiers have harmed the 
reputation of our entire military.
  There is no excuse for abusing and torturing any human being. We are 
there to restore dignity to the Iraqi people, not to demean and 
humiliate them.
  It absolutely cannot and should not be tolerated. We would not want 
American POWs abused, and we should not abuse those who we hold as 
prisoners of war.
  The United States has always held very strictly to the standards of 
the humane treatment of POWs that are universally accepted as 
international law. We should hold those standards now more than ever.
  As the world's superpower, we are an example to every Nation and are 
viewed as the defenders of life and liberty.
  One of the reasons we are in Iraq is because we wanted to liberate 
the Iraqi people from the torture and abuse of Saddam Hussein's regime. 
What kind of message do these very few soldiers send to the people of 
Iraq and to the entire Middle East by now abusing the people that we 
once rescued? There is absolutely no excuse.
  The vast majority of Iraqi people have been treated with respect and 
dignity by our service members, and I know will continue to be treated 
properly. Our men and women in uniform know they have a moral and legal 
obligation to treat prisoners of war humanely and with decency.
  These very few individuals who have not acted in this upright 
tradition should be quickly brought to justice.
  Already, the Army has placed a new unit leadership at this facility. 
As of April 1, we now have one single person responsible for all the 
detainee activities in Iraq.
  Additional training on the Geneva convention and the rules of 
engagement have been given to all new units going into these 
facilities.
  A mobile training team of corrections and legal experts is on the 
ground working to help train soldiers to improve operations at the 
facilities.
  I am encouraged and I applaud the quick response by our military 
leaders. I hope this incident, which involved just a very small group 
of individuals, will not overshadow the integrity of our soldiers.
  The 138,000 Americans in uniform in the Iraqi theater are some of the 
most dedicated and honorable people, and they are doing a tremendous 
job. Because of the sacrifices that they are making, our Nation is more 
secure, and Iraq is on the path to becoming a free and prosperous 
Nation.
  May God bless America and may God bless our men and women in uniform.
  Mr. SKELTON. Mr. Speaker, may I inquire as to how much time we have 
remaining, please?
  The SPEAKER pro tempore (Mr. Ose). The gentleman from Missouri (Mr. 
Skelton) has 19 minutes remaining.
  Mr. SKELTON. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
California (Ms. Harman), who is the ranking member on the Permanent 
Select Committee on Intelligence.
  Ms. HARMAN. Mr. Speaker, I thank the gentleman for yielding me the 
time and commend him for his leadership, along with that of the 
Chairman of the House Committee on Armed Services, a committee on which 
I was privileged to serve for 6 years.
  Mr. Speaker, I rise in support of this resolution, though I wish it 
had called for a thorough investigation by Congress of the acts 
described in it. Our Nation is strong, not only because of our military 
might, but because of our values. In peacetime, those values may seem 
easy to uphold, but in wartime, they are inevitably going to be tested. 
To keep us strong, we must reaffirm to the American people and the 
world that those values permeate everything we do as a Nation, at home 
and all over the world.
  We are not naive. We know that the fog of war is thick, and we 
understand,

[[Page 8577]]

certainly those of us on the House Permanent Select Committee on 
Intelligence understand, that interrogation is an integral part of 
gathering intelligence about the enemy. Good intelligence hopefully 
prevents and disrupts attacks. That saves lives.
  Many of us on the House Permanent Select Committee on Intelligence 
care deeply that we get it right. I have traveled to Guantanamo three 
times to assess the effectiveness of our interrogations and to assure 
that detainees are being treated properly. While I strongly disagree 
with the lack of legal status for Guantanamo's detainees, I have been 
increasingly impressed by the tangible improvements in prisoner 
treatment and by the yield from interrogations.
  I have been to Baghdad twice, again focused on intelligence issues. 
There was no hint in my second visit to Baghdad in February of this 
year, a month after the devastating photos were delivered to the 
Pentagon, that anything was amiss with respect to interrogations in 
Iraq.
  Mr. Speaker, my colleagues and I were doing our job to make sure 
things were done right, but the failure to alert us to the 
circumstances that led to the request of General Taguba to prepare his 
report was a failure by the intelligence community to keep our 
Committee informed. It was a failure by the executive branch to keep 
Congress informed.
  After everything this country has been through over the past 3 years, 
the horrors at Abu Ghraib made crystal clear the need for major 
intelligence reform. It is not acceptable for people to retreat into 
``chain of command'' stovepipes. It is not credible that a few bad 
apples carried out what the Taguba report calls ``numerous incidents of 
sadistic, blatant and wanton criminal abuse'' without any explicit or 
implicit tolerance from those who supervised them.
  Tom Friedman writes today, ``We are in danger of losing something 
much more important than just the war in Iraq. We are in danger of 
losing America as an instrument of moral authority and inspiration in 
the world.''
  Mr. HUNTER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Connecticut (Mr. Simmons), one of our great veterans.
  Mr. SIMMONS. Mr. Speaker, I thank the gentleman for the time, and I 
associate myself with the remarks of the chairman and of the ranking 
member.
  I also have a heavy heart. As someone who served as a U.S. Army 
military intelligence officer for more than 30 years on active and 
reserve duty, I am appalled and disgusted by the images of U.S. 
soldiers mistreating prisoners in Iraq. Not only is the abuse of 
prisoners repugnant to our moral values as Americans, but it has little 
to no utility in eliciting useful intelligence from hostile elements.
  Army Field Manual 34-52 clearly defines interrogation as the art of 
questioning and beaming a source to obtain the maximum amount of usable 
information. The goal of any interrogation is to obtain usable and 
reliable information in a lawful manner, in a lawful manner.
  It goes on to say, ``The use of force, mental torture, threats, 
insults, or exposure to unpleasant and inhumane treatment of any kind 
is prohibited by law and is neither authorized nor condoned by the U.S. 
Government. Experience indicates that the use of force is not necessary 
to gain the cooperation of sources for interrogation. Therefore, the 
use of force is a poor technique, as it yields unreliable results.'' 
This is Army Field Manual 34-52.
  I am outraged to think that the stupid and insulting behavior of a 
very few soldiers and officers could undercut the honorable and the 
courageous service of so many American soldiers in Iraq. A full 
investigation is in order. Punishment for the guilty parties is 
required, and we must send a clear message to the world that the action 
of a very few does not represent the values of most American soldiers 
and most Americans.
  Mr. SKELTON. Mr. Speaker, I yield to the gentleman from Maryland (Mr. 
Cardin) for the purpose of making a unanimous consent request.
  Mr. CARDIN. Mr. Speaker, the abuse of Iraqi prisoners by American 
soldiers and personnel constitute deplorable, despicable acts. We are 
all sickened by the pictures of our troops laughing and pointing at 
Iraqi prisoners who had been stripped naked, possibly beaten, and 
forced to pose in sexually explicit positions. These actions have 
compromised not only our mission in Iraq, but also the reputation of 
the American governments and its agents. Let me be clear: All but a few 
of our soldiers and military personnel perform their jobs honorably on 
behalf of the American people, and our military is playing an important 
role in keeping the peace and promoting democracy around the world.
  Our next step is clear: Congress must hold an open, complete and 
bipartisan investigation into these terrible allegations. We have a 
responsibility to oversee our military and intelligence services, and 
only through an independent investigation by Congress will we be able 
to regain our Nation's credibility as a champion for human rights. I am 
disappointed that the pending resolution does not reference an 
independent inquiry by Congress. The Pentagon must also take quick 
action to punish those involved, including holding those superiors who 
knew, encouraged, condoned, or should have known about those abuses. 
The resolution rightly points out the military must undertake 
corrective action to address chain of command deficiencies and systemic 
deficiencies in the military. We must also examine the role played by 
American civilian contractors in performing governmental functions such 
as interrogation of enemy prisoners.
  Mr. Speaker, I serve as the Ranking Member of the Commission on 
Security and Cooperation in Europe (CSCE), commonly known as the 
Helsinki Commission. The United States is one of the fifty-five nations 
that serve as members of the Organization for Security and Cooperation 
in Europe (OSCE), the largest regional security organization in the 
world.
  The United States has agreed to a number of Helsinki commitments 
beginning in 1989 in Vienna regarding democracy, rule of law, and human 
rights. We regularly criticize other governments in Europe and Central 
Asia when they use, condone, or fail to stop acts of torture in their 
prisons. Part of our commitments include: The education and training of 
all personnel--whether civil, medical, or military--that handle 
prisoners; systematic review of interrogation rules, methods, and 
practices; and a systematic review of arrangements for custody and 
treatment of detained persons, with a view to preventing any cases of 
torture. The OSCE publishes a ``preventing torture'' handbook to help 
Participating States eradicate torture.
  As the United States seeks to wage a global war on terrorism, many 
questions have been raised regarding U.S. efforts to combat terrorism 
and whether related actions are consistent with our international 
obligations and commitments. Last year on June 26, on the International 
Day in Support of the Victims of Torture, President Bush declared that 
``Torture anywhere is an affront to human dignity everywhere.'' He 
observed that ``Freedom from torture is an inalienable human right.'' 
The State Department has also noted that ``Freedom from torture is an 
inalienable human right, and the prohibition of torture is a basic 
principle of international human rights law. This prohibition is 
absolute and allows no exception.'' Finally, as the General Counsel to 
the Defense Department, William Haynes wrote to Senator Leahy that, 
``the United States does not permit, tolerate, or condone any such 
torture by its employees under any circumstances.''
  Mr. Speaker, last year I offered, and then withdrew, an amendment to 
the Department of Defense Appropriations bill for FY 04 that would 
prohibit the use of any funds in the bill from being used to carry out 
torture. I was disturbed by a December 2002 article in the Washington 
Post. The article cited a number of defense and intelligence sources 
which allege that some detainees in Afghanistan and elsewhere may have 
been tortured.
  The abuse of Iraqi prisoners by American soldiers not only harmed the 
victims, but also harmed our country. It has damaged our mission in 
Iraq. It has soiled our reputation in pursuit of humanitarian issues.
  What happened in Baghdad's Abu Ghraib prison does not reflect U.S. 
values. We must speak out and take action against torture anywhere in 
the world, even if it occurs under our watch. We must act decisively.
  Mr. SKELTON. Mr. Speaker, I reserve the balance of my time.

                              {time}  1345

  Mr. HUNTER. Mr. Speaker, I yield 3 minutes to the gentleman from New 
Jersey (Mr. Ferguson).
  Mr. FERGUSON. Mr. Speaker, I rise in strong support of this 
resolution. The actions of several U.S. soldiers in Baghdad are 
fundamentally inconsistent with our mission in Iraq, American 
principles of justice, and the basic

[[Page 8578]]

tenets of morality. They have stained our character and damaged our 
credibility.
  I fear there are no words in the English language that can adequately 
describe the depth of our disillusionment over the goodwill generated 
by millions of Americans and billions of American dollars squandered in 
an instant.
  But I do know this: out of this tragedy is born opportunity to show 
the watching world how we, a Nation founded on the rule of law, conduct 
ourselves in the aftermath of this tragedy. What distinguishes us from 
the regime that we ended is justice. While this behavior was once 
commonplace in Iraq, it is foreign to our national experience and to 
our nature, and we will deal with it not by saluting those who 
perpetrated those acts, as the former regime did, but by bringing the 
perpetrators to justice.
  I was fortunate to visit a free Iraq in January. I met with our 
soldiers, including some from my home State, New Jersey. I say to each 
of our soldiers and servicemembers, do not allow the injustices done by 
a few to undermine your faith, for the cause which brought you to Iraq 
is right and just. You have freed 24 million people from the clutches 
of unspeakable tyranny, and your actions and character are sowing 
freedom in a place that has known evil. May God continue to bless all 
of those who serve honorably in our Nation's military, and may God 
continue to bless America.
  Mr. SKELTON. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Connecticut (Ms. DeLauro), a senior member of the Committee on 
Appropriations.
  Ms. DeLAURO. Mr. Speaker, all Americans were shocked by what we saw 
at the Abu Ghraib prison. The abuse of Iraqi prisoners offends our 
values as human beings and as Americans. I am deeply disturbed by the 
administration's handling of this issue. A 3-month-old investigation 
has only now come to light. Some are questioning whether we may have 
lost control of civilian contractors who fall outside of the military 
chain of command.
  But there is something equally as alarming about this news, the 
discovery that unregulated private contractors are interrogating 
prisoners in Iraq on behalf of the Coalition Provisional Authority.
  This now becomes a question of accountability. In the fog of war, it 
is not only our military but also private companies deciding whom to 
deploy, whom to carry out operations, and how those people are vetted. 
There is almost no congressional oversight, civil regulation, or 
military law that governs them. By contracting out these critical tasks 
to civilian contractors who fall outside of the chain of command, there 
is no quality assurance, and there is questionable accountability.
  The Secretary of Defense has been inattentive and perhaps negligent 
at great cost to our reputation and our security, and the call for the 
Secretary of Defense resignation is growing stronger day by day. At the 
very least, the Republican leadership in this House should convene 
bipartisan, bicameral congressional hearings to examine this urgent 
matter.
  This reminds us that before we win the hearts and the minds of the 
Iraqis in this effort, we must win something else, trust, the trust of 
the American people.
  Mr. HUNTER. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, I would like to address what the gentlewoman just said 
because she has made a mistake. She said that the 3-month-old 
investigation has only now come to light. I have in front of me the 
news release that I will give to the gentlewoman. As of January 16, 
which was 3 days after the soldier came forward and gave to his 
commanding officer the evidence that bad things were taking place at 
the prison, CENTCOM released a news release to every news agency in the 
world stating that an investigation has been initiated into reported 
incidents of detainee abuse.
  So they announced to the world 3 days after the soldier came forward 
in January that an investigation had been started; and General Kimmet 
announced to the combined audiences of Fox News, MSNBC and CNN, by my 
calculations over 20 million people, on January 16 that an 
investigation had been started. Outside of that, nobody was told.
  Ms. DeLAURO. Mr. Speaker, will the gentleman yield?
  Mr. HUNTER. I yield to the gentlewoman from Connecticut.
  Ms. DeLAURO. Mr. Speaker, I would just say to the gentleman that I 
think the report in terms of Members of Congress, the people's House, 
that we have in fact been kept in the dark. There may have been some 
who have known about it. I listened to General Myers.
  Mr. HUNTER. Mr. Speaker, I will tell the gentlewoman the entire world 
was told by this news release.
  Ms. DeLAURO. Then it is even more poignant.
  Mr. HUNTER. Mr. Speaker, reclaiming my time, I think this is a very 
important point. The soldier came forward on January 13 and gave this 
evidence to his commanding officer that prisoners were being abused. 
CENTCOM announced to the world through their official news release that 
they were investigating this 3 days later; and General Kimmet, who was 
before an audience of some 20 million people three days later, January 
16, announced it was in fact being investigated.
  So the statement that the investigation has just now come to light is 
not accurate.
  Mr. SKELTON. Mr. Speaker, I yield for the purpose of making a 
unanimous consent request to the gentlewoman from California (Ms. 
Woolsey).
  Ms. WOOLSEY. Mr. Speaker, I ask that this resolution be less timid 
and actually ask for a commission beyond the Department of Defense.
  Mr. Speaker, I was absolutely outraged last week when I, along with 
the rest of the world, learned that U.S. servicemembers and private 
American contractors in Iraq had abused and tortured Iraqi prisoners of 
war, and had forced them to commit heinous sexual acts.
  War is devastating and terrifying, but even in war there is no place 
for actions such as these. The vast majority of soldiers in Iraq are 
performing courageously and honorably, upholding the high standards of 
the U.S. military. But the abuse inflicted by a few soldiers will 
likely be responsible for much ill will around the world. What's worse, 
I fear that it will embolden our enemies to commit further acts of 
terrorism against the United States.
  We must get to the bottom of this scandal, but we must do it in the 
right way. H. Res. 627, which will be voted on today, does not 
adequately address these abuses because it doesn't go far enough. 
Instead of encouraging an investigation through the Department of 
Defense, this resolution should call for congressional investigations 
to investigate the roles of both servicemembers and private civilian 
contractors who may have played a role in the abuse of Iraqi prisoners 
of war.
  The military should not investigate itself in this matter, because we 
don't yet know if the military leadership itself bears some 
responsibility for these atrocities.
  We also owe an apology to the people of Iraq, and to all the 
countries around the world that look to the United States for 
leadership and guidance in the area of democracy. This resolution 
offers no apology. Instead, it absolves the Congress of blame, claiming 
that we weren't informed of the abuses while they were happening. But 
the fact that we weren't informed should not stop this body from 
offering our sincerest regret that military procedures failed to stop 
this kind of abuse from occurring. Are we so arrogant that we cannot 
apologize for some of the most heinous acts that member of our military 
have ever committed?
  This resolution must be amended to get to the bottom of this terrible 
scandal. I urge my colleagues to vote against H. Res. 627 unless it is 
amended to include congressional investigations and regret for the acts 
of those wearing the uniform of the United States military.
  Mr. SKELTON. Mr. Speaker, I yield 1 minute to the gentleman from 
Michigan (Mr. Dingell), the ranking member of the Committee on Energy 
and Commerce.
  Mr. DINGELL. Mr. Speaker, I have read this bill. I may be one of the 
few on the floor who has. But as a long-serving Member of this body, as 
a private who finished World War II as a second lieutenant, I sat on 
boards, courts martial, served as military prosecutor, and also as 
defense. I find in the legislation no word of anybody other than 
Members of the armed services. I find no mention of discussion of

[[Page 8579]]

members of the CIA, of members of the civilian leadership, of the 
Defense Department or other government agencies. I find nothing about 
civilian contractors.
  My question to the chairman, are we going to go into that behavior, 
or are we just going to sack a bunch of poor infantrymen up to the rank 
of sergeant or something like that and say you are going to jail, when 
in fact this was policy which originated much higher?
  Mr. HUNTER. Mr. Speaker, will the gentleman yield?
  Mr. DINGELL. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Speaker, I would say that the investigation, there 
are now six investigations ongoing, the investigation that was started 
has identified some six individuals. Those are all people wearing 
uniform.
  If the investigation reveals further people who are civilian 
contractors, those people can be punished under the laws of the United 
States which have been extended to theater.
  Mr. DINGELL. It sounds to me like they are going to stick it to the 
ordinary uniformed military service under the rank of lieutenant, and 
let everybody else off the hook. This is a bad proposal.
  Mr. HUNTER. Mr. Speaker, I yield 1 minute to the gentleman from Texas 
(Mr. Thornberry).
  Mr. THORNBERRY. Mr. Speaker, generally I think we can be faulted on 
this floor for saying the same thing over and over again in our 
debates; but in this case, I think it is important to say over and over 
again so it is heard clearly and definitively that the conduct here, 
including the taking and distribution of photographs, is abhorrent to 
our Nation and to our values; and also to say that we are proud of and 
grateful to the thousands and thousands of men and women who do 
represent and exemplify our values every day in Iraq, for every day 
there are countless acts of kindness and generosity and respect shown 
to Iraqis by American soldiers, risking their own lives. Part of the 
tragedy of this episode is it gets so much attention while all of those 
acts get so little attention.
  Yet it is important for us to continue to do the right thing, to hold 
those involved accountable for their actions or their neglect, and to 
not let up in our efforts to overcome the malicious forces of 
oppression, working with the Iraqi people for a free and secure and 
stable Iraq.
  Mr. SKELTON. Mr. Speaker, I yield for the purpose of making a 
unanimous consent request to the gentlewoman from Texas (Ms. Jackson-
Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise to support H. Res. 627 
only because we need to begin the healing process, not because it 
offers a real solution to our troops and peace in Iraq.
  Mr. Speaker, yet again we are seeing politics driving our policy in 
Iraq rather than logic, and compassion, and sense of duty. The 
resolution before us today is political damage control. This Congress 
has a constitutionally mandated duty of oversight over the executive 
branch. We and the world have seen over the past days that some 
horrible deeds have occurred in Iraq--deeds that truly threaten to 
undermine everything that we have worked toward on the international-
diplomatic front for the past century. We must be thoughtful in 
crafting our approach to diffusing this awful situation, bringing those 
responsible to justice, and protecting the honor of those members of 
our armed-services who serve so valiantly and honorably around the 
world.
  This resolution contains several provisions, including (1) deploring 
and condemning the abuse of Iraqi prisoners in U.S. custody; (2) 
reaffirming and reinforcing the American principle that any and all 
individuals under the custody and care of the U.S. armed forces shall 
be afforded proper and humane treatment; and (3) urging the Department 
of Defense to conduct an investigation into any and all allegations of 
mistreatment or abuse of Iraqi prisoners and bring to swift justice all 
members of the Armed Forces who have violated the Uniform Code of 
Military Justice.
  I agree with all of that; however, is that all the duty of this 
Congress is? All this resolution does is says, ``We read in the paper 
that mistakes were made. Somebody else, find out what happened. 
Somebody else, tell us what you find out. Somebody else, make this 
problem go away.'' That is a dereliction of our duty.
  Members in this body have extraordinary experience and expertise in 
these issues. We owe it to the people we represent to immediately 
launch full congressional investigations into Iraqi prisoner abuse. 
After the Defense Department report was buried and hidden from 
Congress, and maybe even the President, for months, it is absurd to now 
trust that same department to police itself and purge itself of bad 
actors. We are already seeing the methods by which they will approach 
this--blame the six people in the pictures and maybe a couple of 
others, and assume that they were some sort of outliers.
  We all hope that that is indeed the case, but we must make sure. Last 
week, I wouldn't have believed that any American soldiers were capable 
of such grotesque abuses. We must be objective as we delve into whether 
this problem goes far deeper than just a few cells at Abu Ghraib. 
Further missteps in the U.S. response to these atrocities could bring 
about a monstrous backlash in Iraq, and across the Middle East.
  What message does it send to those struggling for democracy and 
freedom around the world, when this People's House, in the greatest 
democracy in the world--simply toes the majority party line?
  We need bipartisan congressional investigations to be conducted 
immediately into these allegations of abuse, including those by U.S. 
civilian contractor personnel or other U.S. civilians, and into chain 
of command and other systemic deficiencies that contributed to such 
abuse.
  We all know that the vast majority of U.S. troops in Iraq are 
performing superbly. It is tragic that the behavior of a small number 
of American soldiers has besmirched the reputation of U.S. troops 
overall. The vast majority of U.S. troops in Iraq are courageously 
performing their duties and are living up to the highest standards of 
the U.S. military. They are serving our country with honor, distinction 
and dedication and deserve our country's deepest gratitude.
  However, the grotesque abuse of Iraqi prisoners is completely 
unacceptable--and is against everything our country stands for and 
holds dear. The abuse of Iraqi prisoners in the Abu Ghraib prison by 
U.S. soldiers that has been documented with photographs is abhorrent 
and does not represent America. The citizens of America have been 
appalled by what they have seen and condemn these actions as against 
our ethics and against our practices. These abuses are truly un-
American.
  Congressional investigations are critically needed in order to get to 
the bottom of this outrage. Among the questions that must be answered 
are: How widespread were these incidents of prisoner abuse? Were 
personnel trained adequately to do the jobs to which they were 
assigned? When did senior leadership of the Department of Defense learn 
of these allegations? Was their response timely and did it reflect the 
seriousness of this situation?
  We owe it to the American people, to those around the world who are 
watching intently, and especially to our troops whose reputations have 
been called into question by this situation. We must put this Congress 
to work purging our military of those who encourage such un-American 
behavior, and restore the honor of our brave soldiers serving in Iraq 
and around the world.
  I again call for Secretary Rumsfeld to appear before the full body of 
this House with the complete story of this travesty. Ultimately, I call 
for his resignation and that of Deputy Secretary Wolfowitz.
  Mr. SKELTON. Mr. Speaker, I yield 4 minutes to the gentleman from 
South Carolina (Mr. Spratt), the ranking member on the Committee on the 
Budget and also a senior member of the Committee on Armed Services.
  Mr. SPRATT. Mr. Speaker, there is nothing we hold in trust more 
sacred

[[Page 8580]]

than the good name of America, and the good name of our great country 
is at stake. We have been defiled, maligned, if not damaged irreparably 
in some parts of the world; and we cannot diminish the consequences.
  Just as the world has been fixated on those revolting photographs, 
the world is watching now to see what America will do, not what we will 
say, but how we will respond in fact. We should first of all rise up in 
indignation and outrage and condemn these atrocities and not diminish 
them. I do not care whether six soldiers or 600 were involved. We 
should make it unmistakably clear that this is conduct that Americans 
will not tolerate, we will not diminish, we will not excuse, and we 
will punish with severity.
  But our response cannot end with just indignation or even an abject 
apology. We must make every effort to find out what was involved in 
these atrocities, who was involved in these atrocities, directly 
involved, and involved in a supervisory capacity up the chain of 
command and down the chain of command, wherever it leads; and we must 
punish everybody who is culpable in a way that makes clear this is 
despicable conduct which we will not abide in the United States of 
America.
  That quest for facts must ask candidly, painfully whether or not 
these were isolated acts, these atrocities were isolated acts of poorly 
trained, undisciplined reservists, or whether they arise out of a 
culture that permitted and allowed interrogation techniques that call 
for hoods, sleep deprivation, and incessant questioning.
  These are hard questions. We have got to ask them. Was this military 
intelligence, military police, or was it both? Where did the system 
break down?
  In the committee room of the Committee on Armed Services, Mr. 
Speaker, we have cast in bronze a plaque with article 1 clause 8 of the 
Constitution which gives Congress the power to raise and support an 
Army, a Navy, and provide for their regulation. This was the way that 
the Parliament in the 17th century gained control of the government by 
gaining control of the military, among other things, by keeping on a 
short leash the law that permitted courts martial.
  The Department of Defense is and ought to be conducting its own 
investigation; but if we are worth our salt, if we are up to the powers 
the Constitution vests in us, we must conduct our own investigation.

                              {time}  1400

  Woodrow Wilson once said that our greatest power is the power to 
investigate, to inform, to check the Commander-in-Chief, to notify, to 
make the American people understand what is happening in their 
government. So this is not a matter that we can delegate. This is not a 
matter that we can trust anyone else. This is a matter where we must 
not take the role of outsiders looking in. We should launch our own 
investigation. And one of the places where this resolution stops short, 
I would say to my good friend, the chairman of the committee, is that 
it does not emphatically call for our own independent investigation to 
lead wherever the facts may take us. We should do it because it is our 
duty. We should do it because of the trust we hold. We should do it for 
the sake of the soldiers, the vast majority of soldiers, who have are 
served honorably, who have served and sacrificed and secured the 
interests of our country.
  But here, as in many places, this resolution pulls its punch. I 
support it. I will vote for it, but I think it should be more emphatic, 
more outraged, and I think it should be more of a beginning to our 
effort than an end, to the constitutional trust that we all hold, to 
find the facts, to ask why we are so late ourselves in being informed, 
and to see that the truth and the whole truth comes out.
  Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume.
  I say to my good distinguished colleague I invite him to come to our 
committee hearing in which we are conducting oversight in this matter 
at 3 o'clock tomorrow afternoon, and I also remind him that we have now 
carried out by those people that we have trusted in uniform in the 
Iraqi theater and elsewhere, six investigations now ongoing into this 
particular matter, six investigations.
  Mr. SPRATT. Mr. Speaker, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from South Carolina.
  Mr. SPRATT. Mr. Speaker, I have great respect for the gentleman, and 
he and I served together, as he will recall, on one investigative panel 
that looked into what happened in Beirut in 1983. We had both been 
there a month before, both talked about what happened, and that was an 
investigation that really did unearth new facts. And it is a good 
illustration of why we need to have a similar investigation here where 
our committee has searched its constitutional authority and gets to the 
bottom of this matter.
  Mr. HUNTER. Mr. Speaker, I would say to my colleague that we have 
three of the people involved in this who have been bound over to the 
court-martial convening authority for general courts martial, that is, 
for criminal prosecutorial activity, and to say to my colleague again, 
who has told me many times about how much he respects our people in 
uniform, that our people in uniform themselves, starting with the 
private who reported this, have six investigations ongoing. And I think 
part of our job is not just to have oversight, but also to trust to the 
honor and integrity of the people who wear the uniform, and we now have 
six investigations going forward.
  So let us have this hearing tomorrow and see where we go from there, 
but my feeling is we have good, competent, honorable people undertaking 
these investigations.
  Mr. Speaker, I yield 2 minutes to the distinguished gentleman from 
Oklahoma (Mr. Cole), who cares so much about America's men and women in 
uniform.
  Mr. COLE. Mr. Speaker, I rise today in support of the resolution and 
to express my revulsion and disgust at the abuse of Iraqi prisoners by 
a few reprehensible and unrepresentative individuals in our military or 
operating as representatives of our government.
  The very first time I spoke on this floor, it was to warn Saddam 
Hussein and the Iraqi army of the consequences of not treating our 
prisoners of war in accordance with the Geneva Conventions. I feel just 
as strongly about the prisoners of war that are in the custody of our 
military.
  This is not an issue I take lightly. My own uncle was a prisoner of 
war during World War II. He suffered terrible personal abuse.
  Now a few soldiers have brought disgrace upon themselves. And in the 
process, they have embarrassed our Nation, its Army, and risked the 
lives of our soldiers.
  Mr. Speaker, these abuses must be dealt with and the perpetrators 
prosecuted and punished. The incident represents a failure of 
leadership, clear and simple. Those in the chain of command responsible 
for this breakdown must be identified and sanctioned in some way 
stronger than simple letters of reprimand.
  This resolution and the actions that follow are what makes us 
different from other nations, Mr. Speaker. Here in America when 
something like this happens, we put it out in front of the world, we 
identify the perpetrators, prosecute, and punish them. That is what our 
soldiers fight for. That is what 30 soldiers from my own district have 
died for.
  In America, we do not have gulags. We do not have concentration 
camps. And we do not tolerate the mistreatment of those who are 
incarcerated. We are a just society built upon the rule of law. But 
make no mistake. Our cause in Iraq is just, and we will be successful 
in spite of this shameful episode.
  Mr. Speaker, the vast majority of our soldiers are honest and upright 
and willing to risk their lives to defend and advance the cause of 
freedom. I know. I have had the honor of visiting them, and I am quite 
sure that they are as disgusted and outraged by the conduct of these 
few individuals as we in this House are.
  Mr. Speaker, I would encourage other Members to vote in support of 
this resolution, but also to thank the many

[[Page 8581]]

soldiers who serve us and the Iraqi people, while we sanction the few 
who have violated our trust.
  Mr. SKELTON. Mr. Speaker, I yield 5 minutes to the gentleman from 
Maryland (Mr. Hoyer), who is the minority whip.
  Mr. HOYER. Mr. Speaker, the fact that we are on this floor today 
considering a resolution condemning outrageous conduct by American 
soldiers and perhaps some civilians against defenseless Iraqi detainees 
is an unmitigated and shameful embarrassment for this Nation. This 
abuse, which is as criminal as it is un-American, demands full 
accountability. And full accountability must be demanded not just at 
the bottom of the military chain of command, but for the highest 
ranking military and civilian officials who knew or should have known 
about this behavior and either turned a blind eye to it or failed to 
immediately address it.
  Let us be clear. The buck should not and it must not stop with a 20-
year-old enlisted man or woman who may well have thought they were 
acting within the framework of a psychology that permitted them to 
demean and deny basic decency of treatment to detainees.
  Mr. Speaker, 43 years ago, I stood in front of this Capitol building 
as President Kennedy told the American people in one of the most famous 
inaugural addresses in our history that Americans, he said, are 
``unwilling to witness or permit the slow undoing of those human rights 
to which this Nation has always been committed and to which,'' he said, 
``we are committed today at home and around the world.''
  Mr. Speaker, I believe we are still committed to those. That is the 
America that every Member of this body knows and loves; an America that 
stands for the rights and dignity of every human being; an American 
America that fights oppression, inhumanity, and intolerance wherever it 
rears its head.
  This Congress, the elected representatives of 290 million Americans, 
must fulfill its constitutional duty as a co-equal branch of government 
and demand accountability for these criminal acts. This means that we 
must hold hearings so that the American people and all the world know 
the truth about this episode.
  I am pleased to see the chairman of the committee is holding 
hearings. Some 4 days ago, he said they were not necessary and the 
leader of his party said they were not necessary. Those who perpetrated 
these criminal acts and those who created the environment in which such 
acts were thought to be acceptable should be, must be, held 
accountable.
  Today we learn that the Secretary of Defense has known for months 
that prisoners in Iraq and Afghanistan have been humiliated, beaten, 
tortured, and even murdered. Twenty-five prisoners have died in U.S. 
custody. And, still, there is virtually no accountability for those 
deaths. No House congressional inquiry, no presidential or secretarial 
condemnation, and no end.
  The buck must stop somewhere. Private admonishments are not 
sufficient. Full public accountability must be demanded. If the 
Secretary of Defense failed to perform his duty, he should be held 
responsible. If anybody below him failed to perform their 
responsibility, they too should be held responsible, as should those 
perpetrators.
  Mr. Speaker, it is nothing short of tragic that this indefensible 
conduct threatens to overshadow the extraordinary courage and sacrifice 
of our brave men and women in our Armed Forces. I have supported their 
efforts and supported the President in removing Saddam Hussein. We have 
liberated 25 million Iraqis from the clutches of a ruthless dictator. 
How proud we are of our men and women in uniform.
  The only way we can remove that dark cloud that now hangs over their 
noble efforts is to ensure that those who have acted outside the law 
are required to answer to it and those who allowed it to go unchecked 
and unpunished are removed from positions of responsibility.
  Finally, Mr. Speaker, let me say that the damage inflicted upon our 
image and standing in the world is incalculable. As Tom Friedman 
pointed out in the New York Times this morning, it has been quoted 
before but let me quote it again: ``We are in danger,'' he said, ``of 
losing something much more important than just the war in Iraq. We are 
in danger of losing America as an instrument of moral authority and 
inspiration in the world.''
  I will offer a motion to recommit, which makes more clear our outrage 
and more pointed our demand for full investigation and responsibility. 
I urge my colleagues to support it.
  I thank the gentleman for yielding me this time.
  Mr. HUNTER. Mr. Speaker, I yield myself 15 seconds.
  To address the distinguished majority whip, the distinguished 
majority whip, like the previous speaker, is wrong. The statement was 
put out by the Army on January 15 that this investigation was taking 
place, 2 days after the soldier came forward. And 3 days after the 
soldier came forward, it was given in General Kimmitt's address to the 
combined audiences of Fox News, MSNBC, and CNN. That is not turning a 
blind eye.
  I will give the gentleman the notice. It was put out on January 14. 
He can look at it.
  Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. 
Cox).
  Mr. COX. Mr. Speaker, I thank the chairman for yielding me this time.
  Mr. Speaker, this is not merely a matter of a small number of 
individuals who have violated the code of military justice. This is a 
disgrace. This country led an international effort to end the regime of 
a cruel dictator who abused his people. Now men and women wearing the 
American uniform have abused Iraqis.
  The injury they have caused does not end with the Iraqi prisoners. 
They have undermined the war effort. They have risked its success as 
surely as if they sold military secrets to the terrorists. They have 
humiliated our Nation more gravely than mere terrorists ever could. 
They have dishonored every brave American soldier who has lost or 
risked his life in the war effort and to help the people of Iraq. They 
have wasted the effort of those brave Americans who have rehabilitated 
more than 1,700 schools in Iraq. They have squandered the work of a 
global coalition that has delivered more than 25,000 tons of 
pharmaceuticals and supplies to health care facilities in Iraq and 
vaccinated over 70 percent of children in Iraq against polio, 
tuberculosis, measles, and diphtheria.
  If ever justice could be swift, let it be now. If ever the punishment 
could fit the crime, let it be now. If ever our Nation needed the 
prayers and support of men and women of goodwill, it is now. The 
success and survival of liberty depend upon it.
  Mr. SKELTON. Mr. Speaker, I yield 1 minute to the gentleman from 
Maryland (Mr. Hoyer), the minority whip.
  Mr. HOYER. Mr. Speaker, first, let me say to the gentleman from 
California (Mr. Cox) that I associate myself with his remarks and thank 
him for those comments. Let me say to my friend, the chairman of the 
Committee on Armed Services, he and I voted together probably 95 
percent on issues of defense.

                              {time}  1415

  I will tell my friend, he has repeated the fact that we knew this in 
January at least four or five times, that I have heard. If that is the 
case, and I take him at his word, frankly, I did not focus on it, the 
chairman did not focus on it, there have been no hearings, there have 
been no investigations. It is a shameful reality that perhaps some knew 
this as early as January, and we are here today, some 4 months later, 
with the public getting that information and the Members of Congress 
being energized by it. And this resolution did not come from your 
committee, I say to my friend, until almost mid-May, notwithstanding 
the fact that you read that disclosure over and over and over again.
  Mr. HUNTER. Mr. Speaker, I yield myself 10 seconds.
  Mr. Speaker, let me just say to my friend, you say some knew about 
this. The combined audiences of Fox News,

[[Page 8582]]

MSNBC and CNN heard this in the daily briefing in January. So your 
statement that the administration turned a blind eye to it is not true. 
They initiated an investigation, once again initiated by General 
Sanchez, 3 days after the soldier came forward.
  Mr. SKELTON. Mr. Speaker, may I inquire how many minutes are left.
  The SPEAKER pro tempore (Mr. Simpson). The gentleman from Missouri 
(Mr. Skeleton) has 3 minutes remaining, and the gentleman from 
California (Mr. Hunter) has 8 minutes remaining.
  Mr. SKELTON. Mr. Speaker, I yield for the purpose of making a 
unanimous consent request to the gentleman from Massachusetts (Mr. 
Olver).
  Mr. OLVER. Mr. Speaker, I rise in opposition to this resolution.
  Mr. Speaker, the whole world now knows about the abhorrent behavior 
of American interrogators and guards at the Abu Ghraib prison and at 
other facilities maintained by the U.S. military in Iraq and 
Afghanistan. Unaccountably, neither Secretary of Defense Rumsfeld nor 
Chairman of the Joint Chiefs of Staff, General Meyers, took the matter 
seriously enough to brief the President on the Pentagon report that 
there were numerous, specific instances of ``sadistic, blatant, and 
wanton criminal abuses'' by American prison guards at Abu Ghraib. The 
President knew since January that a general investigation into the 
treatment of prisoners was ongoing, but neither the Pentagon nor the 
White House acknowledged that investigation until this week when 
hundreds of extremely graphic photographs were made public.
  I opposed the war in Iraq in part because I was convinced that 
unilateral American military action in Iraq would lead to an increase 
in the number of terrorists. The behavior of American prison guards at 
Abu Ghraib will further breed hatred for the United States and sympathy 
for those who do us harm. The images of American soldiers humiliating 
prisoners in Iraq have caused severe damage to our efforts to establish 
Iraq self-rule and hold free elections. Our standing in the Islamic 
world is now far worse than it was even last week.
  I am convinced that two actions are now necessary.
  First, Secretary of Defense Rumsfeld must resign. The events at Abu 
Ghraib prison were the inevitable result of the Secretary's policy of 
ignoring the Geneva Accords that govern the rights of prisoners. 
Despite overwhelming criticism at home and around the world, Secretary 
Rumsfeld insisted that the United States will no longer by bound by the 
Geneva Convention and decades of previous practice by the U.S. military 
in its handling of detainees in foreign countries will be ignored. the 
Secretary's insistence on handling prisoners in secret and outside the 
law has led to an unaccountable regime in which prisoners in both Iraq 
and Afghanistan have been humiliated, beaten, tortured, sexually abused 
and killed.
  Second, there must be a comprehensive investigation by Congress into 
the treatment of prisoners of war. There must be an investigation 
independent of the Department of Defense, where the abuses occurred, 
that includes an examination of the role of civilian contractors and 
other civilians who may have played a role in the incidents of prisoner 
abuse. A thorough investigation by Congress would reveal the systemic 
deficiencies that contributed to such abuse. Among the questions that 
must be answered are: How widespread were these incidents of prisoner 
abuse? Were personnel trained adequately to do the jobs to which they 
were assigned? When did senior leadership of the Department of Defense 
learn of these allegations? Was their response timely and did it 
reflect the profound seriousness of this situation?
  The American people must have answers to these questions. I realize 
that congressional investigations will take months, but Secretary 
Rumsfeld must resign. By ignoring international law and insisting on a 
policy that allowed these prisoner abuses in Iraq to occur, the 
Secretary has greatly damaged our country's standing in the world and 
compromised our national security.
  America cannot win the peace in Iraq while, in America's name, some, 
however few, commit outrages, as part of the occupation, more akin to 
those attributed to Saddam Hussein.
  Mr. HUNTER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Nebraska (Mr. Terry).
  Mr. TERRY. Mr. Speaker, like all of us in here, I am sickened by the 
images of our military abusing Iraqi prisoners. These actions are 
deplorable in and of themselves, and it is even more so when we as an 
American society stand for justice and the protection of human rights. 
The abuse tears the very fabric of the values which make America great.
  This abuse not only degrades the prisoners and the Muslim culture, 
but ours as well. If these abuses sicken me and most Americans, think 
of the legitimate reaction of those in Iraq and the Middle East and the 
world.
  It should also trouble Americans that this terrible episode is being 
exploited by partisans who wish to make it an election-year issue. 
Republicans and Democrats should stand arm in arm condemning what 
occurred, apologizing for these abuses, and demonstrate the decent 
values for which America and we all stand.
  I appreciate the President going on Arab television yesterday to 
directly address the Arab people. It is a good first step. But more 
must be done to rehabilitate our benevolent reputation.
  We need to thoroughly investigate and make sure that those holes that 
allowed this to happen are plugged. America should stand for nothing 
less.
  Mr. SKELTON. Mr. Speaker, I yield myself 30 seconds.
  Mr. Speaker, I might say there was a serious attempt to have a 
bipartisan resolution today; but let me say that on this side we were 
not shown a draft until almost 6:30 last evening, and we were not 
permitted to share a copy with our leadership until 9:45. Our 
leadership was not given the opportunity to make a change on the draft 
that was given at that time, and we were not given a copy of the final 
version of the bill until after it had been introduced. When the 
leadership could not reach unanimous consent; we were not given the 
opportunity to offer an alternative, an amendment or even a motion to 
recommit. I was hoping we could do a better job of being bipartisan, 
but we are here and I intend to vote for this.
  Mr. HUNTER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Indiana (Mr. Buyer), a former member of the Committee on Armed 
Services, who is a colonel in the Army Reserve and was in fact a JAG 
officer at our POW camps in Gulf War I.
  Mr. BUYER. Mr. Speaker, I thank the gentleman for yielding me time.
  First of all, we are all outraged by the criminal conduct of a few. 
War is not simple; war is not easy. By its nature, it is chaotic. It is 
an effort to find humanity in a very inhumane environment. That is the 
reason for the creation of the Geneva Conventions and the laws of war. 
The United States is a signatory to the Geneva Conventions. The United 
States has not violated the Geneva Conventions. The United States is 
enforcing the Geneva Conventions and our laws under it. That is an 
important message for the world to know.
  The United States sets the standard for the world. So we here in this 
body need to speak in a unified voice in the message to the world that 
we support the Geneva Conventions for bringing humane treatment to 
individuals, whether they are prisoners of war, whether they are 
detained civilians, whether they are detained personnel. It does not 
matter what status.
  Sure, you get into the technicalities of the law, but what is 
important is they be treated humanely. There is no justification 
whatsoever for these ``softening up'' of individuals for 
interrogations. What occurred was wrong.
  This did not occur whatsoever in the first Gulf War. I participated 
in interrogations. I was at the Joint Interrogation Facility. There was 
never even a hint nor even a rumor with regard to the mistreatment, 
abuse, or maltreatment with regards to prisoners.
  What occurred here is wrong, and every American should be outraged. 
What is important is that we recognize there was a failure of the chain 
of command within the 800th MP Brigade and that individuals need to be 
held accountable. The question is, where does it go from there, whether 
that accountability function is strictly just of soldiers, or does it 
in fact move to civilian leadership in the Pentagon?
  What I do know about facts is that facts are very stubborn things and 
that facts will hold the test of time. So beyond the rhetoric, beyond 
any form of allegation, beyond the spin, facts.
  Mr. Speaker, it is important for this body to speak in a unified 
voice; let all

[[Page 8583]]

of the investigations come through, let the sun shine in, let the world 
know and the facts will determine where the accountability lies.
  Mr. SKELTON. Mr. Speaker, I yield the balance of my time to the 
gentlewoman from California (Ms. Pelosi), the minority leader.
  Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding time and 
for his tremendous leadership on behalf of the national security of our 
country. I also thank the gentleman for his attempt to develop a 
bipartisan resolution that would bring us all together and take the 
opportunity to send a true message to the world of democratic values.
  Mr. Speaker, last Thursday, Secretary Rumsfeld came to the Congress 
and he briefed Members of the House of Representatives on the situation 
in Iraq. He neglected to tell Members of Congress that the situation in 
Iraq included this most unfortunate, disgraceful situation in the 
prison. He withheld that information from the Congress of the United 
States when he had full knowledge of it and apparently had full 
knowledge for a while.
  Indeed, that very evening, ``60 Minutes'' broke the story, a story it 
had been working on for a while. So why was Congress the last to know, 
especially on a day when the Secretary was briefing the Congress on the 
situation in Iraq?
  The distinguished chairman of the Committee on Armed Services has 
said repeatedly in the course of this debate that this information was 
made public in January by a public statement by General Kimmett. I do 
not know when that constituted keeping Congress informed; and if that 
is the standard, if a sentence that does not really explain the 
situation expressed in a press conference in Iraq meets the standard 
for informing Congress, then we are in a lot more trouble than we even 
thought.
  Please do not bring that up as an example of ``letting us know,'' 
because I do not think anybody, even within the administration, would 
have called that sufficient notification to Congress.
  Since last Thursday when the Secretary of Defense withheld 
information from the Congress, the Senate has held robust hearings. 
They stopped in their tracks. They stopped the business of the Senate, 
which was the reauthorization of the Defense Act, and went into 
committee as the Committee on Armed Services because of the urgency of 
this matter. Yet this House had to be dragged kicking and screaming 
into having hearings on the subject. We should have hearings not only 
in the Committee on Armed Services, but in the Committee on 
International Relations. We should be having these hearings in the 
Committee on the Judiciary as well. We should be having these hearings 
in the Permanent Select Committee on Intelligence, it touches so many 
jurisdictions in this House, because we must get to the bottom of this.
  So today we have this resolution that has come to the floor, missing 
an opportunity to send a very clear, forceful, values-based message to 
the world and to the American people about who we are and what we stand 
for and what we will not tolerate in the behavior of our people.
  We all agree that our troops, our men and women in uniform, and even 
the civilians over there, are courageous, patriotic, and have acted 
with great courage. They are willing to sacrifice their lives. We owe 
them our deepest gratitude and respect and our prayers. This resolution 
acknowledges that fact, and it is right to do so.
  Some U.S. personnel, military and civilian, abused Iraqi prisoners in 
ways that are shocking and reprehensible. The resolution acknowledges 
that fact and deplores it. Unfortunately, by including a number of 
causes that seek to compare life in Iraq after the invasion with 
conditions that existed before, the resolution creates an inference 
that whatever post-invasion improvements exist, somehow they mitigate 
the abhorrent nature of the treatment of the prisoners. These 
``whereases'' have no place in the same resolution.
  The resolution should be focused tightly on the scandal and the need 
to find out why it occurred and who should be held accountable. 
Diffusing the focus conceals an important fact: this scandal increases 
the danger to our troops in Iraq, makes their mission more difficult to 
accomplish, and threatens the interests of the United States around the 
world. Even with a concerted effort in which a better-crafted 
resolution could have played an important part, it will be a very long 
time before the standing of the United States is restored in the eyes 
of the world, unless we face up to this matter.
  Congressional oversight of the war in Iraq has not been aggressive 
enough. The administration's failure to provide accountability for its 
policies and an accounting of the money already provided has not been 
questioned adequately. Compounding that record of inaction by not 
investigating this matter thoroughly will be inexcusable.
  This resolution could have called clearly for congressional 
investigations, to include a review of the role that the U.S. civilian 
contractors and other civilians may have played in it. That suggestion 
was outright rejected by the Republicans, saying we will not include 
the investigation and the contractors in this resolution; we will not 
add it. And it begs the question, Why?
  Today, America has an opportunity to show the world our greatness by 
sending a message to the American people and to the world that we 
deplore this conduct, that we understand the significance of these 
abuses in the eyes of the Arab world, and that we will act to uncover 
the facts to find out who is responsible and to make sure that it will 
never happen again.
  Every opportunity we get, we will always offer our praise and 
gratitude to our troops. We could have done that in a resolution that 
would have had bipartisan support, because it was very important that 
we send a message to the Arab world that we do understand the 
significance of these abuses to them. This is very, very, very 
significant; but it has been lost in the resolution before us.
  Mr. Speaker, I urge my colleagues to support the motion to recommit 
to be offered by the gentleman from Maryland (Mr. Hoyer), which 
delivers a message that truly reflects America's values.

                              {time}  1430

  It does so clearly and forcefully, and there is a reason for that. 
The gentleman from Maryland (Mr. Hoyer) has been a champion for human 
rights for as long as he has been in the Congress, and probably longer. 
His leadership on the Helsinki Commission, his bipartisan work on these 
issues gives him standing and authority to speak in a way, again, that 
clearly reflects America's values.
  The Republican resolution does not do that; the Hoyer motion to 
recommit does.
  Let us leave no doubt in the hearts and the minds of the world that 
we will live by the principles that we preach.
  Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume 
just to reiterate the same thing that I have been stating, and that is 
that 2 days after the soldier in January reported to his superiors that 
abuses were taking place, the United States announced to the world in 
their press release that we were undertaking an investigation. And a 
few days after that, 4 days after the facts came forward, we announced 
to the combined audiences of Fox News, MSNBC and CNN, millions of 
people, that the investigations were taking place.
  The investigations proceeded. We now have three individuals who are 
being recommended to the Court-Martial Convening Authority for court-
martial for prisoner abuse, assault, dereliction of duty, and a large 
number of people in the chain of command have had their career ended, 
not because we found any connection between them and the acts, but 
because it was on their watch that these things took place.
  I want to say just one thing about Mr. Rumsfeld before I recognize 
another speaker, Mr. Speaker. We have 135,000 good, hard-working, 
courageous uniformed men and women in theater. They are in contact in 
firefights on a daily basis. The job of the Secretary of

[[Page 8584]]

Defense is to see to it that we win this war. He assigned to the 
legitimate, appropriate departments this investigation and told them to 
go forward, which they did, resulting in the criminal prosecution 
machine being set in motion under our court-martial authority, and he 
went back to trying to win this war. That is the appropriate action for 
the Secretary of Defense.
  Mr. Speaker, I yield 2 minutes to my good friend, the gentleman from 
California (Mr. Thompson), a great member of the 173rd Airborne in the 
Vietnam War.
  Mr. THOMPSON of California. Mr. Speaker, I thank the gentleman for 
yielding me this time.
  Mr. Speaker, I would like to commend the chairman and his colleagues 
on that side of the aisle on their debate today and associate myself 
with the remarks that they have made. I agree that this debate should 
not be limited to the actions of those responsible for these inhumane 
acts.
  It is also about the tens of thousands of U.S. military personnel who 
are performing their jobs honorably and bravely in the face of danger 
every single day. It is important for us to focus on these men and 
women today, Mr. Speaker, because the system that broke down and the 
system that is responsible for these inhumanities has just placed an 
even larger target on each of their foreheads. For the 138,000 brave 
men and women, and for the countless other Americans in Iraq today, 
their lives have become even more perilous with every new disclosure of 
atrocity.
  This Congress was kept in the dark for months, but now the lights 
have been turned on. For every minute we take to find our voice, to 
take a bold action, to demonstrate to the world that American democracy 
and humanity are more than words that we teach to schoolchildren, is 
another minute that our soldiers face more danger and even greater odds 
than they would have faced otherwise, and they exacerbate their chances 
of getting back home to see their families again.
  If this debate is truly about them, I say to my colleagues; if this 
debate is truly about them, they deserve more than a few words on this 
floor today. They deserve accountability, and they deserve action, and 
they deserve it now.
  Mr. HUNTER. Mr. Speaker, I yield our remaining time to the gentleman 
from Texas (Mr. DeLay), the majority leader.
  Mr. DeLAY. Mr. Speaker, I want to thank the ranking member, the 
gentleman from Missouri (Mr. Skelton) and the chairman, the gentleman 
from California (Mr. Hunter) for bringing this resolution to the floor.
  When I spoke to the chairman of the Committee on Armed Services, I 
asked him what we should do about this incident. There was a lot of 
discussion about a lot of things, but we were talking about doing this 
resolution. I told him at the time that we wanted to make sure that 
this was bipartisan, and he expressed himself that we needed to have a 
resolution that condemned the actions at Abu Ghraib prison but, at the 
same time, we needed to talk about our troops. That is what this 
resolution does.
  When others tried to come in and impose politics into the resolution, 
it was rejected.
  This resolution is exactly written the way it should have been 
written, and I congratulate the gentleman from Missouri (Mr. Skelton) 
and the gentleman from California (Mr. Hunter) for doing it the right 
way.
  The alleged abuses inside Abu Ghraib Prison in Iraq are an outrage. 
They are crimes by any definition of any terms in any culture, and 
their perpetrators must be dealt with swiftly and fully. Our government 
has a responsibility to find out exactly what happened, what went 
wrong, and make sure it never happens again. But while we meet that 
responsibility, we cannot allow these shameful crimes to undermine or 
distract the American people or ourselves from the task, the clear 
moral imperative at hand.
  Operation Iraqi Freedom, whatever difficulty we have faced since the 
end of major combat, has been an absolute good for the cause of human 
freedom in the world. The men and women serving the United States in 
Iraq won the swiftest and most humane military campaign in history, and 
they turned from that victory in major combat to a protracted, 
difficult, and bloody guerilla war against terrorist insurgents that 
still takes American lives every week.
  We must, I say to my colleagues, we must not forget that while we 
have this chance to speak with one voice condemning what has happened 
in the Iraqi prisons, the war still rages. Attempts to politicize the 
abuse revelations will rightly be seen by our enemies as opportunities 
to recruit, to propagandize, and to incite.
  The world must know that the abuses we have seen in recent days do 
not reflect the views, policies, or fabric of this Nation.
  Our men and women in uniform are fighting today. Indeed, American 
blood is flowing in Iraq as we speak, and it is, therefore, incumbent 
on this body to offer our support for our troops and their mission all 
the more strongly today.
  Our troops are changing the world and building a future for the 
people of Iraq, sacrificing more than most of us can know for the 
survival and success of liberty. They are the finest ambassadors, 
wherever they go everywhere in the world. They are the only thing that 
separates us from another 9-11. And in their time in Iraq, our 
servicemen and women have helped to rebuild schools, hospitals, food 
security systems, and infrastructure. They are an Army of charity. They 
are laying down their lives and their futures so that others might have 
themselves the freedom that we all take for granted.
  ``Greater love hath no man than this, Mr. Speaker.'' Our heroes must 
know that even in these troubling times, that love is returned.
  Ms. WATSON. Mr. Speaker, I rise in opposition to H. Res. 627, a 
resolution condemning the abuse of persons in U.S. custody in Iraq.
  Every member of this body is outraged and saddened by the recent 
reports of the abuse of prisoners in Iraq as well as Afghanistan. H. 
Res. 627, however, is a ``feel good'' resolution that fails to empower 
Congress to exercise its oversight role in the investigation of the 
Iraqi prisoner scandal. Moreover, the resolution before us today was 
crafted by a narrow Republican majority, which once again did not 
permit either the appropriate committees of jurisdiction or the 
Democratic leadership to participate in the process of crafting 
language for the resolution.
  In effect, this resolution does absolutely nothing. It fails to put 
forward any policy language to address the serious issues at hand. Most 
egregiously, the resolution fails to offer any form of apology to the 
prisoners abused or the Iraqi people.
  The United States stands on the precipice of a major foreign policy 
disaster. It is long past time to change course in Iraq. Defense 
Secretary Rumsfeld and Deputy Secretary of Defense Wolfowitz are the 
principal architects of this failed policy. I once again call upon the 
President to seek their resignations. Only then will the people of Iraq 
and the world perhaps begin to view U.S. actions and intentions in a 
more favorable light.
  Ms. ROYBAL-ALLARD. Mr. Speaker, I will be voting for the resolution 
today because I agree with its praise of our troops in Iraq, who under 
difficult circumstances continue to display high standards and 
professionalism during the occupation and rebuilding of Iraq.
  However, I am very disappointed in the resolution and will vote for 
it with reservations. The primary purpose of the resolution should have 
been to deplore any abuses which have occurred while prisoners are in 
U.S. custody, and to demand swift prosecution of those who committed 
illegal or unethical acts, including those responsible in the military 
chain of command. Atrocities in the Abu Ghraib prison, and anywhere 
else they may have been committed, must be thoroughly and openly 
addressed through congressional investigations. These investigations 
must also include the conduct of American contractors who had a role in 
overseeing prisoners. Irresponsibly, these important points are left 
out of the resolution the House is considering today.
  The recent abuse of prisoners in the Abu Ghraib prison is not only 
disgraceful, it is damaging to the interests of the United States, and 
ultimately it endangers our men and women in uniform not just in Iraq 
but around the world. We must act quickly to convince the court of 
world opinion that the American people do not

[[Page 8585]]

tolerate illegal or unethical conduct by Americans and will take the 
necessary steps to stop it and prevent it from happening again.
  Mr. MEEK of Florida. Mr. Speaker, I rise to strongly oppose H. Res. 
627, the Iraqi Prisoner Resolution, because it is simply deficient as a 
statement expressing the outrage and revulsion that I feel, and that I 
believe the American people feel, about the despicable abuse and 
humiliation of these prisoners.
  The resolution also lacks any call for bipartisan congressional 
investigations to be conducted immediately into these allegations of 
abuse, including those by U.S. civilian contractor personnel or other 
U.S. civilians, and into chain of command and other systemic 
deficiencies that contributed to this abuse, which have been called for 
by members of both parties.
  It is impossible to exaggerate the seriousness and importance of this 
abusive mistreatment. It sets us back in the War on Terrorism by 
turning against us the very allies among moderate Muslims that we need 
in order to be successful. It taints the reputation of our Nation in 
the world community and the reputation of our men and women in uniform 
for years to come. It undermines U.S. credibility as the world's leader 
in the protection of international human rights. It hurts our efforts 
to protect the state of Israel and broker peace in the Middle East. And 
it invites similar abuse of members of our military, indeed any U.S. 
citizen, who may be captured by our enemies in the future. My great 
fear is that American lives will be lost because of the impact of this 
illegal, inhumane and un-American mistreatment.
  The Bush administration has not gone nearly far enough or fast enough 
to apologize for these human rights abuses, or to hold accountable 
those who are responsible for them, and neither does this resolution. I 
am therefore opposed to it.
  Ms. ESHOO. Mr. Speaker, every American is appalled by the images and 
reports of the mistreatment of prisoners at the Abu Ghraib prison in 
Iraq, images which have now been shown around the world again and again 
over the past week. These criminal actions have greatly undermined 
America's credibility around the world, humiliated the prisoners and 
their families, besmirched the reputation of our Armed Services, and 
placed our troops and civilians at heightened risk. The good work of 
American troops has been diminished significantly and the Arab world is 
outraged.
  While it's highly appropriate for Congress to condemn these criminal 
actions, this Resolution does not go far enough in offering a remedy. 
The Resolution does not call for a full Congressional investigation. 
Indeed, the Majority has blocked the Minority today from adding a 
provision that would launch such an investigation. The Resolution 
ignores the necessity of an investigation to examine the role that 
intelligence officials and private contractors may have played in these 
crimes. We have to pursue the truth wherever it takes us and as high up 
the chain of command as we must go. Finally, the Resolution does not 
call on the Administration to be fully accountable and to report fully 
to Congress and the American people about the scope of this most 
serious issue.
  The Congress has been kept in the dark for months about the abuses in 
Abu Ghraib prison, yet no one from the Administration has informed 
Congress or offered an apology. In fact, Secretary Rumsfeld came to 
Capitol Hill to brief Congress on Iraq last week, but never even 
mentioned these serious abuses and the catastrophic fallout 
internationally against the United States.
  Mr. Speaker, there must be consequences. Reprimands aren't enough. 
The people in charge should be replaced, beginning with the Secretary 
of Defense.
  A year ago I traveled to Iraq and Kuwait and met with our troops and 
intelligence officers. The vast majority were doing their jobs superbly 
well under very trying and dangerous conditions. Their efforts have 
been made immeasurably more difficult by the actions of a small group.
  While we express our outrage, we must do more. There must be a full 
accounting and there must be consequences. Unfortunately, this 
Resolution demands none. I vote for this Resolution with all these 
reservations and concerns, but it cannot be the end of the story. We 
could have done so much better on a bipartisan basis, and it is 
regrettable that we did not. Congress now has its constitutional 
responsibility of oversight and investigation to bring out the entire 
truth and then move to shape policies that will help assure this 
doesn't ever happen again.
  Ms. DeGETTE. Mr. Speaker, while the recent reports and graphic 
photographs of the alleged prisoner abuse at the Abu Ghraib prison 
sound similar to the atrocities that occurred under the cruel 
dictatorship of Saddam Hussein, these unbelievable instances of 
brutality and inhumanity, instead, allegedly took place under American 
command, perpetrated by American troops. Sadly, the Abu Ghraib prison--
the very prison that epitomized all that was evil under Saddam 
Hussein's regime to the Iraqi people--still represents evil, only under 
a new name.
  Accordingly, Congress must send an unwavering message to the Iraqi 
people and to the rest of the world that the United States will not 
tolerate the alleged atrocities that have occurred in the Abu Ghraib 
prison. While I will vote for this resolution, I do not want to simply 
join my colleagues who want to pay lip-service to a solution without 
any subsequent action. Congress must ensure that the perpetrators of 
the alleged brutality, as well as those leaders who let such inhumanity 
occur under their watch, be brought to justice. Just as importantly, 
Congress must investigate the scope of this problem; the increasing 
number of revelations of alleged prisoner abuse at Abu Ghraib and other 
prisons in Iraq, leads me to believe that such brutality may not be 
isolated to six or seven individuals. We need to ensure that such abuse 
is not systemic within and outside of the chain of command by 
conducting a bipartisan Congressional investigation and by holding 
Congressional hearings.
  Additionally, we must make sure that all people who participated in 
this alleged abuse are held accountable. This includes the private 
contractors who were allegedly involved in the brutality that took 
place at Abu Ghraib. While the Department of Defense has reportedly 
launched several investigations, none has yet to address the role that 
the private contractors played. In fact, several reports indicate that 
the private contractors who were named specifically in the classified 
Taguba report are still working as paid contractors in Iraq. Not only 
must Congress hold hearings to investigate the alleged role of the 
private contractors in the alleged prison abuses, the U.S. Department 
of Justice must also exercise its ability to investigate, and if 
warranted, prosecute those individuals to the fullest extent of the 
law.
  Congress must also guarantee that this Administration is held 
responsible for its actions or more precisely, its inaction, and for 
its policies that may have allowed such atrocities to occur. The 
actions of Secretary Rumsfeld and the Pentagon, including the decision 
that the United States would no longer adhere to the Geneva Convention 
as well as the ruling that detainees would be held without due process, 
have arguably helped to create a standard for the treatment of 
prisoners, which allows for humiliation, torture and murder.
  Even worse, Mr. Rumsfeld has not only not read the Taguba report in 
its entirety, he has failed on numerous instances to respond to other 
reports of alleged violations and abuse. There is no excuse for his 
woeful negligence. If Mr. Rumsfeld had responded to these reports, 
these abuses may not have occurred to this degree, or at all. Mr. 
Rumsfeld must be held responsible for his part and if doing so requires 
his resignation, such action must then be called for.
  Mr. LANTOS. Mr. Speaker, I join my colleagues in expressing revulsion 
at the deeply disturbing images that have ricocheted around the world, 
showing abuses committed by members of the U.S. armed forces against 
Iraqi detainees. I have seen first-hand the abuse of civilians and 
others during wartime. I understand the dehumanizing humiliation that 
can be perpetrated against an individual. At the same time, I also know 
that if it were not for the bravery and heroism of the U.S. military, I 
probably would not be walking on this earth--and there are countless 
people around the world who could say the same thing.
  It is important to keep in mind that the overwhelming majority of our 
men and women in uniform have acted honorably in fulfilling their duty 
in Iraq. They have risked their lives and suffered personal hardship to 
fulfill their responsibilities, and we continue to respect their 
sacrifices. These loyal soldiers have been tainted by the appalling 
acts of a small number of individuals.
  Mr. Speaker, among the most important values that we as Americans 
share are our profound respect for freedom and the rule of law, our 
respect for the value and worth of the individual, and our commitment 
to protect and respect human dignity. In this context, the images that 
we have seen in the past few days were simply sickening to me. They do 
not represent our American character. They do not represent the 
selfless sacrifice of more than a hundred thousand American soldiers in 
Iraq, trying to bring a new dawn to that country after decades of 
nightmare.
  On a purely personal level, I find the actions of these individuals 
abhorrent. On behalf of all Americans, let me express my deepest regret 
and apologies to all those who were wrongfully mistreated at the hands 
of a few. There can be no excuse for these actions. Any American should 
know that they are wrong. Indeed, the Geneva Conventions adopted after

[[Page 8586]]

the Second World War clearly prohibit this behavior and were accepted 
by virtually every nation in the world to prevent these abuses.
  But Mr. Speaker, as everyone knows, these events are not merely about 
wrongdoing by a few foolish and misguided individuals that caused 
profound personal suffering. They have also damaged our credibility and 
crippled our efforts to pursue critical national security goals in the 
Middle East and around the world.
  I welcome this resolution that we are considering today, Mr. Speaker, 
but this resolution is not enough. We must take action to be certain 
that such tragic and unfortunate actions do not occur again. Our 
standing and our goals and objectives in the Middle East require that 
we do more. The entire detention system in Iraq must be investigated 
and those responsible for perpetrating these horrendous events must be 
brought to justice.
  Mr. Speaker, the responsibility for this episode is not only borne by 
the few who committed these offenses. These events represent a failure 
of leadership--not only in Iraq but throughout the chain of command. We 
must determine where and why those leadership failures occurred, and 
take appropriate remedial action. And we must also examine why it has 
taken months for this failure to be addressed. The initial reaction was 
slow and tepid at best. These atrocities should have generated an 
immediate and powerful response.
  Mr. Speaker, it is not enough to say that the Iraqi people are better 
off today than they were under Saddam Hussein. It is not enough to say 
that the atrocities and human indignities that were carried out by his 
despicable and detested regime were more horrendous or more widespread 
than what we have seen in the last few days. We are--and we should be--
judged by a higher standard. Because of our history and our commitment 
as a Nation to respect for human rights, human dignity and the rule of 
law, we must meet higher standards. This is who we are, and this is why 
we are different.
  Mr. Speaker, I urge support for this resolution today, but more 
importantly, I urge our political and military leadership to act and to 
act quickly and decisively to deal with these despicable acts and the 
failures that allowed them. Our credibility as a Nation committed to 
the rule of law and our efforts in the Middle East in the war against 
terrorism are at risk.
  Mr. PAUL. Mr. Speaker, I rise in opposition to this resolution as 
written. Like so many resolutions we have seen here on the Iraq war, 
this one is not at all what it purports to be. Were this really a 
resolution condemning abuse of prisoners and other detainees, I doubt 
anyone here would oppose it. Clearly the abuse and humiliation of those 
in custody is deplorable, and the pictures we have all seen over the 
past week are truly horrific.
  But why are we condemning a small group of low-level servicemembers 
when we do not yet know the full story? Why are we rushing to insert 
ourselves into an ongoing investigation, pretending that we already 
know the conclusions when we have yet to even ask all the questions? As 
revolting as the pictures we have seen are, they are all we have to go 
by, and we are reacting to these pictures alone. We do not and cannot 
know the full story at this point, yet we jump to condemn those who 
have not even yet had the benefit of a trial. We appear to be operating 
on the principle of guilty until proven innocent. It seems convenient 
and perhaps politically expedient to blame a small group of ``bad 
apples'' for what may well turn out to be something completely 
different--as the continuously widening investigation increasingly 
suggests.
  Some of the soldiers in the photographs claim that their superior 
officers and the civilian contractors in charge of the interrogations 
forced them to pose this way. We cannot say with certainty what took 
place in Iraq's prisons based on a few photographs. We have heard that 
some of those soldiers put in charge of prisons in Iraq were woefully 
unprepared for the task at hand. We have heard that they were thrown 
into a terribly confusing, stressful, and dangerous situation with 
little training and little understanding of the rules and 
responsibilities. What additional stresses and psychological pressures 
were applied by those in charge of interrogations? We don't know. Does 
this excuse what appears to be reprehensible behavior? Not in the 
slightest, but it does suggest that we need to get all the facts before 
we draw conclusions. It is more than a little disturbing that this 
resolution does not even mention the scores of civilian contractors 
operating in these prisons at whom numerous fingers are being pointed 
as instigators of these activities. While these individuals seem to 
operate with impunity, this legislation before us all but convicts 
without trial those lowest in the chain of command.
  But this resolution is only partly about the alleged abuses of 
detainees in Iraq. Though this is the pretext for the legislation, this 
resolution is really just an enthusiastic endorsement of our nation-
building activities in Iraq. This resolution ``expresses the continuing 
solidarity and support of the House of Representatives . . . with the 
Iraqi people in building a viable Iraqi government and a secure 
nation.'' Also this resolution praises the ``mission to rebuild and 
rehabilitate a proud nation after liberating it. . . .'' At least the 
resolution is honest in admitting that our current presence in Iraq is 
nothing more than a nation-building exercise.
  Further, this resolution explicitly endorses what is clearly a failed 
policy in Iraq. I wonder whether anyone remembers that we did not go to 
war against Iraq to build a better nation there, or to bring about 
``improvements in . . . water, sewage, power, infrastructure, 
transportation, telecommunications, and food security . . .'' as this 
resolution touts. Nor did those who urged this war claim at the time 
the goals were to ``significantly improv[e] . . . food availability, 
health service, and educational opportunities'' in Iraq, as this 
legislation also references. No, the war essential, they claimed, to 
stop a nation poised to use weapons of mass destruction to inflict 
unspeakable harm against the United States. Now historical revisionists 
are pointing out how wonderful our nation-building is going in Iraq, as 
if that justifies the loss of countless American and Iraqi civilian 
lives.
  This resolution decries the fact the administration had not informed 
Congress of these abuses and that the administration has not kept 
Congress in the information loop. Yet, Congress made it clear to the 
administration from the very beginning that Congress wanted no 
responsibility for the war in Iraq. If Congress wanted to be kept in 
the loop it should have vigorously exercised its responsibilities from 
the very beginning. This means, first and foremost, that Congress 
should have voted on a declaration of war as required in the 
Constitution. Congress, after abrogating this responsibility in October 
2002, now is complaining that it is in the dark. Indeed, who is to say 
that the legal ambiguity created by the Congressional refusal to 
declare war may not have contributed to the notion that detainees need 
not be treated in accordance with the Geneva Convention, that governs 
the treatment of prisoners during a time of war? Until Congress takes 
up its Constitutional responsibilities, complaints that the 
administration is not sufficiently forthcoming with information ring 
hollow.
  This resolution calls on the administration to keep Congress better 
informed. But Congress has the power--and the obligation--to keep 
itself better informed! If Congress is truly interested in being 
informed, it should hold hearings--exercising its subpoena power if 
necessary. Depending on the administration to fulfill what is our own 
Constitutional responsibility is once again passing the buck. Isn't 
this what has gotten us into this trouble in the first place?
  I urge my colleagues to oppose this resolution.
  Ms. MAJETTE. Mr. Speaker, I rise today to condemn torture in all of 
its forms. Acts of abuse and torture must never be tolerated, and those 
who commit such acts must be swiftly brought to justice. It is with 
great sadness and anger that I viewed the pictures of frightened, 
humiliated, and, in some cases, injured Iraqi prisoners in Baghdad's 
Abu Ghraib prison. Prisoners should never be forced to endure such 
atrocious behavior, no matter what the cause for their detention. The 
acts committed on these prisoners are an injustice to the Iraqis who 
were victimized, the citizens of Iraq, the hundreds of thousands of 
U.S. soldiers who have served their country in Iraq so honorably over 
the past year, and all people who hope and pray for peace the world 
over.
  Because of the rage these pictures have generated in Iraq and across 
the Arab world, I am concerned for the safety of our brave soldiers as 
they patrol the streets in Iraq, guard police stations and hospitals 
and work to rebuild the infrastructure of the country. It is important 
that we recognize the honor with which the vast majority of our armed 
service members conduct themselves. In the face of tremendous danger 
and uncertainty, in a theater fighting combatants dressed as civilians 
using indiscriminate force and even killing their own countrymen, our 
men and women have risked their lives to protect Iraqi civilians and 
restore pride and honor to this war-torn country.
  Moving forward, military justice must be sure and swift for those who 
committed these acts. It will be a long, difficult process to win back 
the trust and support of the Iraqi people, but we must be successful if 
we are to accomplish our mission in Iraq. It is essential that we do 
so, not just for success in Iraq, but also for the global war on 
terrorism. We cannot win this war alone. American soldiers' torture of

[[Page 8587]]

Iraqi detainees is a significant setback for our country and the global 
war on terror.
  I expect decisive action from our executive and military leaders to 
ensure that such abuse will never again occur, and to take the 
diplomatic steps necessary to salvage America's good name around the 
world. The American people are justifiably saddened by the waning of 
our moral authority since the days immediately following September 11, 
2001, when the world stood with us in solidarity. If America is to 
continue to be a force for good in the world, we must convincingly 
denounce all crimes against humanity, foreign or domestic, and 
demonstrate to the world that we are sincere when we decry hatred, 
injustice and terror.
  Mr. KUCINICH. Mr. Speaker, I join with my fellow Members of Congress 
in deploring the abuse of prisoners in Iraq by U.S. personnel. But this 
resolution does not go far enough.
  It does not go far enough to ensure that a full and complete 
investigation and prosecution is undertaken. We should be opening 
Congressional investigations, not simply relying upon the Army to 
investigate itself.
  It does not go far enough to demand accountability of the top 
military and civilian leadership of this fiasco in Iraq. We should 
demand the resignation of the Secretary of Defense, since we know that 
``rotten apples'' are the fruit of a poison tree. And it's the top 
leadership who have grown that tree--the culture of permissiveness, 
disregard for the truth, and lack of accountability.
  It does not go far enough to express America's regret and sorrow for 
the crimes committed at Abu Ghraib prison, and possibly elsewhere. We 
should apologize on behalf of the American people to the Iraqi people.
  We have not begun to go far enough to examine the true intent and 
conduct of the leadership of this country. We have not gone far enough 
to assign responsibility and demand accountability for the 
misinformation and untruths that were marshaled to lead us to war. We 
have not gone far enough to bring an end to this unjustified war. As a 
result, we are seemingly surprised to discover, and then we deplore, 
corruption that is all too predictable from this imperial misadventure.
  Mr. LANGEVIN. Mr. Speaker, as a member of the House Armed Services 
Committee, I rise in support of H. Res 627. Recent reports regarding 
the alleged abuse of Iraqi prisoners by American soldiers are deeply 
disturbing and inexcusable. While I know this outrageous behavior is 
not characteristic of our men and women in uniform, we must make it 
clear to the international community and our own citizens that such 
actions are not our policy or common practices in Iraq, and they will 
not be tolerated under any circumstances. It is unfortunate that these 
abuses have overshadowed the work of the many service members 
performing critical, and dangerous, missions to ensure a stable and 
safe Iraq for the newly-freed Iraqi people.
  I am equally troubled by the Administration's lack of attention to 
such abuses in Iraq and elsewhere. There is no excuse for their failure 
to act swiftly to remedy this stark violation of both the Geneva 
Convention and basic human rights. Not only did they withhold such 
allegations and the subsequent investigation from Congress, but the 
flouting of international law continued while those responsible went 
unpunished.
  The Administration and the Pentagon must find those responsible and 
hold them accountable for these heinous actions. I have joined many of 
my colleagues in requesting that the Military Inspector General of the 
Department of Defense supervise the investigation of tortured Iraqi 
prisoners of war, and other reported violations of the Geneva 
Convention at Abu Ghraib Prison. In addition, I have urged Attorney 
General Ashcroft to investigate the role of private contractors in 
these abuses. I hope that thorough and open investigations will allow 
us to hold the appropriate parties responsible and ensure such behavior 
never occurs again.
  Mr. UDALL of Colorado. Mr. Speaker, I will vote for this resolution 
because I strongly agree with most of what it says. But I think its 
focus is too narrow and it does not say all that needs to be said.
  The portions of the resolution calling for action are addressed 
solely to the Secretary of the Army. Intentionally or not, that 
suggests that the Army alone--not the Defense Department as a whole, 
and not any other part of the Administration--bears responsibility for 
the shocking abuses the resolution rightly condemns.
  But what's involved here is not just an Army problem. It is much 
bigger than that. It involves not just the armed forces but civilian 
members of the intelligence community as well as civilians working for 
private companies under contract with the government.
  This morning's newspapers report that President Bush has privately 
admonished the Secretary of Defense and that the Justice Department is 
examining the involvement of Central Intelligence Agency personnel as 
well as contract employees in suspicious deaths of detainees.
  Clearly, the events at Abu Ghraib prison are only part of a bigger 
picture.
  The resolution rightly complains about the fact that Congress was not 
properly informed of the abuses at that prison or the investigation of 
those abuses. But I am concerned that this failure to inform the 
Congress and the American people may not have been an isolated failure 
but just another instance of the Bush Administration's standard 
operating procedure.
  In short, while this resolution is right in condemning the abuses at 
Abu Ghraib--and accurate in saying that they are offensive to the 
principles and values of the American people--passage of this 
resolution, by iself, is not an adequate response on the part of the 
House of Representatives.
  We need to insist that the Administration--all of it, not just the 
Secretary of the Army--take strong action to change the policies and 
attitudes that made the abuses at Abu Ghraib possible. And we need to 
insist that all those responsible for those policies and attitudes be 
held accountable.
  And that means Congress itself must do more than make speeches and 
pass resolutions. We must insist on finding out for ourselves; and for 
those we represent--the American people. They must bear the costs--in 
blood and treasure--for the Administration's actions in Iraq and around 
the world.
  Those costs will be made all the greater by abuses like those cited 
in this resolution and the policies and attitudes that have produced 
them, and Congress must take an active role in making necessary 
changes.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to join my 
colleagues in support of this resolution condemning the abuse of 
prisoners held in United States custody. We've all seen the disturbing 
images of the unconscionable conduct carried out by a handful of our 
men and women in uniform. A swift and thorough investigation is needed, 
and needed now. For those responsible, justice must be swift and 
strong. Their conduct directly contradicts and undermines our mission 
in Iraq. The world is awaiting our response.
  We must do everything possible to reassure the world community that 
all those things we take as self-evident--the honor of our military, 
our intentions in Iraq, our respect for human rights--remain as strong 
as ever. The vast majority of our troops, who perform heroically every 
day, are the best evidence of these tenets.
  In the wake of this crisis, let us not lose sight of the fact that 
there are 138,000 Americans in uniform who uphold the highest standards 
of professionalism every day. They do so in the face of extreme danger 
and hardship. We should not let the egregious acts of a very small 
group overshadow the integrity of our soldiers nor deter our Nation 
from its overall objective of developing a democratic Iraq.
  Mr. BEREUTER. Mr. Speaker, this Member is absolutely not satisfied 
with the language of H. Res. 627, as I believe it does not adequately 
convey how intensely this House and the American people feel about the 
exceptionally repugnant, insensitive, and damaging the alleged, but 
obviously documented, actions of the abusers of the Iraqi detainees are 
to all of us.
  From Abu Ghraib prison, and perhaps from elsewhere, we have reports, 
with photographs, graphically telling and showing the outrageous abuses 
of Iraqi detainees by U.S. military personnel and possibly by military 
contractors. The international damage to the credibility and reputation 
of our country and our military absolutely cannot be overstated, 
especially in the Arab and Islamic communities. The alleged actions by 
at least a few members of our military, already confirmed by very 
recent disciplinarian action, makes the job being done by our dedicated 
and courageous military personnel in Iraq and Afghanistan just that 
much harder and much more dangerous. The extraordinary gravity of this 
matter, the insensitivity and the degrading abuse, which has apparently 
been visited upon Iraqi detainees, call for swift and just 
accountability.
  What has allegedly happened is so foreign to our country's principles 
and traditions and those of our Armed Forces that these people 
conducting or condoning such abuse do not deserve to be called 
Americans. If the use of such tactics of physical abuse and sexual 
humiliation is not dishonorable conduct, this Member does not know what 
is. If supervisors of such military personnel were inappropriately 
unaware or unconcerned about such conduct, then this is a clear case of 
dereliction of duty, and this accountability should apply several 
levels up the chain of command. If military

[[Page 8588]]

contractors were involved, at a minimum, the contracts with the firm 
which employed them should be immediately terminated.
  Mr. Speaker, it is hard to imagine a more politically damaging set of 
actions, hopefully by just a few individuals, for American and for 
coalition efforts to replace the brutal regime of Saddam Hussein and to 
win the hearts and minds of the Iraqi people. We must have swift 
accountability, justice, and a demonstration that the American people 
repudiate such conduct and will not let it continue or happen again.
  While the resolution fails to convey an important part of what needs 
to be said, or is at least inadequate in the aforementioned manner, it 
is probably impossible to vote against this resolution without seeming 
to denigrate the dedicated, courageous, and patriotic actions of the 
members of the armed forces of the United States. This Member wants our 
armed forces to know that their extraordinary service is greatly 
appreciated by this Member and the American people despite the 
horrendous conduct of a few service personnel, despite the failures of 
command and active notification procedures. Therefore, this Member will 
vote for the inadequate resolution as his only choice to avoid a 
misunderstanding by the members of our armed forces.
  Mrs. DAVIS of California. Mr. Speaker, I rise in strong condemnation 
of the atrocious behavior of a few, who have denigrated the values of 
all our armed forces.
  I salute the overwhelming majority of Americans who have treated 
prisoners with respect; their actions have gone unheralded.
  Sadly, this dreadful behavior has cast a cloak of mistrust on all our 
brave men and women and could result in more lives being lost.
  Mr. Speaker, we can't ignore the role that contractors and other 
government agencies have played and their complicity in these crimes.
  Their actions, as well as our policies, contributed to a terrible 
atmosphere.
  That's why I am disappointed this body failed to add a clause 
regarding U.S. civilian contractors personnel and other U.S. civilians.
  We must shed light on their role and hold everyone accountable.
  The Attorney General and Secretary Rumsfeld should publicly commit to 
cooperate to apply swift and firm justice.
  Ms. WATERS. Mr. Speaker, I rise today to voice my outrage and 
disappointment in the soldiers who physically and mentally abused 
Iraqis at the Abu Ghraib prison.
  I do not believe that these actions represent the character of our 
Armed Forces or of the United States. Unfortunately, however, these 
soldiers, through their despicable actions, have severely damaged the 
reputation of the United States and significantly complicated our task 
in the region.
  Mr. Speaker, I am saddened that the President did not apologize to 
the Iraqi people for these deplorable actions. An apology from the 
President clearly was in order.
  I am also outraged, as all of us should be, that the Secretary of 
Defense failed to make Congress aware of these accusations in a timely 
manner. According to news accounts, the Department has been aware of 
the infamous photos, and the abuse, since at least mid-January. Yet, we 
only found out about them in the last week. This is outrageous and 
unacceptable.
  Unfortunately, this is just one more example of the Administration 
not playing straight with the Congress or the American people. We have 
been misled about the weapons of mass destruction, troop levels and the 
length of their deployments, and the costs associated with the war--
among others.
  This Administration must change its way. Congress deserves better 
and, certainly, the American people deserve better.
  Mr. MATHESON. Mr. Speaker, like many Americans, I was outraged by the 
images of torture and abuse of Iraqi prisoners of war at Abu Ghraib 
Prison in Iraq. These abuses harm U.S. interests in Iraq and the 
efforts of the coalition forces to foster stability in the region. It 
is unfortunate that the actions of a few have undermined the hard work 
and sacrifice of the thousands of men and women who have served in Iraq 
with honor and integrity.
  The provisions of the Geneva Convention protect American soldiers 
when they are captured in battle. As a result, it is very important to 
ensure that we do not abuse prisoners of war in our keeping.
  I believe that a prompt and thorough investigation of this matter is 
necessary and the individuals who were involved should be appropriately 
punished. I will strongly encourage both my colleagues in Congress and 
the President to disavow these acts and to prevent any similar 
transgressions in the future.
  Mr. HOLT. Mr. Speaker, I rise to strongly condemn the mistreatment of 
prisoners and detainees in Abu Ghraib prison in Iraq. These abuses are 
outrageous, deplorable, un-American, and contrary to the values and 
ethics that our country espouses. The atmosphere that allowed this to 
happen shows a level of tolerance for abuse that is intolerable.
  The United States has suffered a blow to its credibility and effort 
to bring democracy to the Iraqi people. Photographs showing the abuse 
that Iraqi prisoners and detainees have suffered at the hands of 
American personnel damage the standing of the vast majority of U.S. 
troops in Iraq, who are performing with honor, bravery, and 
professionalism.
  The response of the Bush administration to reports of systemic abuse 
has been both problematic and disquieting. Major General Antonio M. 
Taguba's report detailing these abuses, prepared in late February, 
should have been recognized as a serious matter. Instead, it was 
largely ignored. I am also disappointed that the administration chose 
to keep Congress and the public in the dark about this situation until 
the national news media decided to run the story last week. The 
administration has a responsibility to inform Congress and act 
decisively when volatile situations arise.
  The U.S. Congress has a critical responsibility to conduct thorough 
and bipartisan oversight investigations to ensure that those involved 
are held accountable for their actions. These investigations must 
address possible abuse by U.S. civilian contractor personnel or other 
U.S. civilians, as well as the command structure and systemic 
deficiencies that contributed to such abuse.
  The abuse that has occurred at Abu Ghraib is the latest in a series 
of very serious failures of leadership from military and civilian 
leaders. The President and his team were wrong about weapons of mass 
destruction in Iraq. They were wrong about the way American soldiers 
would be greeted by the Iraqi people. They were wrong about how much 
the war would cost and how long it would last. And they were wrong 
about the number of soldiers necessary to win the war and secure the 
peace. Now, in light of serious human rights violations, they did 
nothing to get to the bottom of it. This mishandling has created an 
international crisis that could set the Iraqi people against American 
efforts in the Middle East for generations. The President must 
recognize these consistent failures and take decisive action.
  I ask unanimous consent to include in today's Congressional Record a 
letter that I sent to Secretary of Defense Donald Rumsfeld of February 
5, along with six of my House colleagues. This letter inquires about 
the policy of CPA forces detaining Iraqis without due process and 
notification to their families. I also ask unanimous consent to include 
the response that we received from Thomas L. Carter, Senior Counselor 
to Ambassador L. Paul Bremer, III. Though the response is dated March 
22, it was not received until May 3, three months after my initial 
inquiry. This response testifies that the processes established 
``afford all persons in Coalition custody all the rights and safeguards 
set out in applicable International Humanitarian Law.''

                                Congress of the United States,

                                 Washington, DC, February 5, 2004.
     Hon. Donald H. Rumsfeld,
     Office of the Secretary of Defense,
     The Pentagon, Washington, DC
       Dear Secretary Rumsfeld: I write to inquire about the 
     policy of Coalition Provisional Authority (CPA) forces in 
     Iraq detaining Iraqis without due process and notification of 
     family.
       Several news outlets and international advocacy 
     organizations have criticized the CPA's treatment of Iraqi 
     detainees. I am concerned that CPA tactics designed to secure 
     the region are in fact compromising the long-term interests 
     of Iraqis, other internationals, and even the CPA.
       I request your response to the following concerns: What is 
     the current procedure for communication between CPA forces 
     and the families of detained Iraqis? Are they able to receive 
     prompt and accurate information regarding the health and 
     legal status of their family member; and what is the status 
     of detainees who were to be freed under the provisional 
     release program, and have family members of these detainees 
     been kept abreast of developments?
       I believe that CPA forces have the moral obligation to 
     demonstrate respectful treatment of detainees and, of course, 
     the legal responsibility to uphold the provisions of the 
     Geneva Convention. Further, we must make sure that our 
     treatment of detainees does not sow the seeds of resentment 
     by Iraqis, subjecting CPA forces, other internationals, and 
     Iraqis cooperating with the CPA, to great danger.
       Seizing suspects in the middle of the night and leaving a 
     bewildered, uninformed family behind brings to my mind the 
     ``disappeared'' victims of detestable regimes around the 
     world in the past. No American wants to see the CPA regarded 
     as being in any way like those discredited regimes.

[[Page 8589]]

       I understand the need to employ forceful tactics in a 
     region that is still largely insecure and home to many 
     insurgents and Saddam Hussein loyalists. However, I am 
     concerned that CPA forces are not balancing the need to 
     secure the region and arrest insurgents with their obligation 
     to fair treatment of detainees and with the need for the 
     cooperation of the general populace in force protection and 
     eventual transition of political power to the people of Iraq. 
     I look forward to your reply. If it is necessary to present 
     your response in a classified setting, I would be willing to 
     make such arrangements. I thank you for your cooperation with 
     this matter.
           Sincerely,
     Rush Holt,
       Member of Congress.
     Robert Wexler,
       Member of Congress.
     Raul Grijalva,
       Member of Congress.
     Fortney Pete Stark,
       Member of Congress.
     Dennis Kucinich,
       Member of Congress.
     Barney Frank,
       Member of Congress.
                                  ____

                                                     Office of the


                                         Secretary of Defense,

                                   Washington, DC, March 22, 2004.
     Hon. Rush Holt,
     House of Representatives,
     Washington, DC.
       Dear Mr. Holt: Thank you for the letter from you and your 
     colleagues to Secretary Donald Rumsfeld regarding individuals 
     held by Coalition Forces in Iraq. I appreciate this 
     opportunity to respond.
       With regard to your question about the tactics of Coalition 
     Forces, I would note that International Humanitarian Law 
     obliges an occupying power to restore and ensure order as far 
     as possible, including the detention of criminals and 
     interning individuals for imperative reasons of security. In 
     addition, Coalition Forces continue to retain some Enemy 
     Prisoners of War in custody. There are therefore three 
     classes of persons in Coalition custody: Enemy Prisoners of 
     War, Criminal Detainees, and Security Internees. The 
     obligations of the Coalition should be viewed in the context 
     of the conditions that exist in Iraq. The Coalition inherited 
     a situation whereby all the prisons had been destroyed or 
     substantially damaged, and the entire criminal population of 
     around 60,000 had been released onto the streets. Added to 
     this situation is the security challenge presented by the 
     Former Regime Elements and foreign terrorists conducting 
     criminal outrages against the Coalition and the people of 
     Iraq. Eliminating this violence and dealing with the criminal 
     elements is a necessary step toward securing peace and 
     freedom for all Iraqis. In dealing with these matters, the 
     Coalition has established processes that afford all persons 
     in Coalition custody all the rights and safeguards set out in 
     applicable International Humanitarian Law.
       Regarding Security Internees, the processes that have been 
     established include review and appeal mechanisms that exceed 
     International Humanitarian Law requirements. Moreover, steps 
     have recently been taken to significantly increase the 
     capacity and therefore the speed of the process. The current 
     rate of review is about one hundred cases each day. Those who 
     are deemed to no longer be a threat to security are being 
     released. With regard to Criminal Detainees, a massive and 
     expensive rehabilitation effort has resulted in the 
     substantial transfer of the administration of criminal 
     justice back to Iraqi authorities subject to continuing 
     monitoring by the Coalition.
       I also noted your interest in communications between 
     Coalition Forces and the families of individuals who are 
     detained. Under the former Ba'ath Party regime, individuals 
     who were taken into government custody often simply 
     disappeared. In stark contrast, the Coalition has taken 
     several measures to ensure that Iraqi families can learn the 
     status and location of individuals who have been detained by 
     Coalition Forces. The Coalition maintains a list of all the 
     individuals in detention, and this list is available in 
     specified locations throughout Iraq where families can make 
     inquiries. The list is published in Arabic on the CPA 
     website, http://iraqcoalition.org/arabic/prisoners/
index.html. The Arabic list contains the individuals's name, 
     Internment Serial Number (ISN), place of birth, address, and 
     the place of detention. The list is as complete and accurate 
     as possible subject to the willingness of the detained 
     individuals to provide the requested information. Work is 
     continuing with regard to the expansion of both the amount 
     and availability of this information to make it easier for 
     Iraqi families to find their loved ones.
       Finally, you inquired about the provisional release 
     program. The Conditional Release Program is ongoing, and 
     efforts are underway to make it even more effective. We 
     continually strive to improve our ability to keep families 
     abreast of the status of detainees. Communications under the 
     auspices of the Conditional Release Program are but one of 
     many efforts in that regard.
       Again, thank you for your letter. We appreciate your 
     interest in the future of Iraq. Rest assured of our 
     commitment to bring peace, security, democratic values, and 
     respect for human rights to the Iraqi people.
       We have provided a copy of this letter to your colleagues, 
     Representatives Robert Wexler, Raul Grijalva, Fortney Pete 
     Stark, Dennis Kucinich, and Barney Frank.
           Sincerely,

                                             Thomas L. Carter,

                                               Senior Counselor to
                                   Ambassador L. Paul Bremer, III.

  Ms. McCARTHY of Missouri. Mr. Speaker, I rise today in support of H. 
Res. 627, a resolution condemning the abuse of Iraqi prisoners, however 
I do so with great concern. The mistreatment of Iraqi prisoners by 
members of the Armed Forces and civilian U.S. contractors is shameful 
and inexcusable. I am outraged that these actions committed by a few 
reflect negatively upon our Nation and the many men and women who 
continue to serve our Nation with strength, honor and courage. We must 
investigate these allegations and take immediate and decisive action to 
reestablish our Nation's credibility and regain the trust of the Iraqi 
people and the world community.
  I support provisions of this resolution that deplore and condemn 
these events and urge the Department of Defense to investigate every 
report of mistreatment of all prisoners in the custody of the U.S. 
military at all levels and locations including Guantanamo and 
Afghanistan. We have a breakdown in the chain of command at the highest 
level.
  We must require heightened accountability of the senior leadership at 
the Department of Defense and determine why there was an intelligence 
breakdown. We need to know when Secretary Rumsfeld learned of these 
events, why he did not take immediate action and why he did not make 
this information available to Congress in a timely way. Above all, we 
must ensure that events like these never occur again.
  Throughout our history, the United States has been a leader 
throughout the world and a strong voice for the principles of 
democracy, freedom, human rights and justice. The tragic events we are 
addressing today have jeopardized our credibility and our relationships 
with the people of Iraq and the international community. In his 
thoughtful column in Today's New York Times, Thomas Friedman writes, 
``I have never known a time in my life when America and its President 
were more hated around the world than today.'' It is our responsibility 
to restore our Nation's credibility, and I urge my colleagues to 
investigate these shocking allegations. I conclude by joining with 
other thoughtful individuals in calling upon the Secretary of Defense 
to take full responsibility for these human rights atrocities and 
fundamental breakdown in command and to act honorably and resign.
  Mr. KIND. Mr. Speaker, the acts of abuse against Iraqi prisoners by 
American service members are abhorrent and sad. This is not behavior 
reflective of American values; it is not behavior that helps our cause, 
and it is not behavior that will be tolerated. Thorough investigations 
need to root out those responsible, directly and indirectly, for this 
unlawful conduct no matter how high up the chain of command it goes. 
Those responsible must be held accountable for their actions.
  Congress needs to be highly involved in investigating the actions of 
abuse at Abu Ghraib prison and the conditions and circumstances that 
led to these abuses. Reports show that the military was well aware of 
the situation and conducting its own investigations for months prior to 
the release of the photos at Abu Ghraib now circulating through the 
world media. The failure of the Administration to keep Congress 
informed of the extent and seriousness of prisoner abuse, and the 
photos documenting it, is unacceptable.
  Further, Congress must address and investigate the role of private 
security forces in Iraq. These forces, which constitute the second 
largest army in Iraq and account for over 40 percent of all contracting 
costs in Iraq, are outside the U.S. chain of command. The ability to 
hold these individuals accountable for their actions under law is 
questionable.
  We must not lose focus, however, that the over 300,000 U.S. military 
personnel who have served and are serving in Iraq are doing an 
honorable job under difficult and dangerous conditions. While the 
Department of Defense investigation into the actions and conduct of the 
abuses at Abu Ghraib list a number of officers and enlisted personnel 
who failed to perform their duties as required, it also notes a number 
of officers and enlisted personnel who acted honorably and reported 
abuses up the chain of command. When I visited Iraq in October, 2003, I 
met with many honorable troops, including soldiers from western 
Wisconsin, who were performing their mission with outstanding 
commitment and professionalism. The abuses at Abu Ghraib serve only to 
cloud the accomplishments and sacrifices of our troops and put 
honorable U.S. service members in greater danger.

[[Page 8590]]

  Mr. Speaker, perception matters when trying to execute our foreign 
policy and especially a military mission. We are dangerously losing the 
hearts and minds of the Iraqi people and the rest of the Arab world, 
and the abuses at the Abu Ghraib prison serve only to exacerbate this 
unfortunate reality. We must reinforce to the international community 
through our words and our actions that the United States is committed 
to helping the Iraqi people prosper in a free society.
  Mr. STARK. Mr. Speaker, I rise to vote no on this resolution. It is 
right to condemn the brutal and abhorrent abuse of Iraqi prisoners. 
But, this resolution is not strong enough. Without language authorizing 
a full-fledged Congressional investigation into this matter, we are 
failing our responsibility.
  Republicans refused to allow any language to be added to this 
resolution providing for an investigation into these crimes. They have 
limited our ability to bring those responsible to account for their 
actions. This is wrong, especially when our ideals have been undermined 
and our leadership again tarnished throughout the world.
  These acts of humiliation, torture and even murder are outrageous. 
They are a shameful affront to the Iraqi people and those throughout 
the Arab and Muslim World. As a Nation, we owe the victims of these 
acts and the Iraqi people a full apology and investigation into how 
these abhorrent abuses were allowed to occur.
  The torture and abuse of prisoners at Abu Ghraib prison are part of a 
larger systemic pattern of abuse with which this administration has 
been complicit. We know--as the Washington Post reported in December, 
2002--that prisoners captured in Afghanistan by the U.S. were 
transferred to other nations to be tortured for information. We already 
are well acquainted with the mistreatment of prisoners at Guantanamo 
Bay. This latest expose of torture and abuse at the Iraqi prison is 
just one more example of heinous treatment at the hands of our 
Government.
  We trust in the honorable service of our troops. This does not 
reflect on the Americans bravely serving in Iraq. But, responsibility 
does lie with those at the very top of leadership and at the feet of 
this President.
  It is time Congress launch an investigation to end these patterns of 
abuse. If Congress does not act to right this wrong, I do not trust 
this administration will. We must condemn these acts of torture and 
abuse. Given that this resolution completely fails to provide Congress 
with the tools to initiate such investigations, I am forced to vote no.
  Mr. ORTIZ. Mr. Speaker, I share the revulsion of my colleagues, the 
House of Representatives, our friends and allies around the world--
indeed of the entire human race--over the abuse of Iraqi prisoners by 
American soldiers . . . or in the presence of American soldiers.
  We are obliged to investigate this event; it has given our great 
Nation a black eye around the world, particularly in the Middle East 
where our efforts have been to help them find democracy.
  We are a humanitarian nation and a signatory to the Geneva 
Conventions. We depend on the protections the conventions offer to our 
own POWs . . . and we may have broken that assurance now. We shouldn't 
need to train our soldiers in basic humanity; the other 99.9 percent of 
our soldiers know this is inhuman behavior. If not for an American 
soldier burdened by conscience we might not know this today.
  This is not a reflection of our professional military--it's an 
aberration. The action of the soldiers who have candidly come forward--
even at the expense of their own careers--are the example of our 
professional military, and of the high standards democracy demands from 
those who serve in uniform. The actions of a few have sullied the 
reputation of our all-volunteer fighting force, our mission in the 
larger Middle East, and the standing of the United States as a 
democratic, humanitarian Nation.
  There is simply no excuse for this inhuman behavior. We are a 
superpower; we should be setting the example, not acting like 
barbarians. I hope desperately when the investigation is completed that 
it will expose the guilty parties, each and every one, who must be 
punished so the world will know that this Nation finds this behavior 
aberrant.
  I thank Chairman Hunter and Ranking Member Skelton for bringing this 
issue before the House of Representatives today. This is very much an 
American issue, not a partisan issue. We must demand and expect that 
the people--all the people--with any responsibility for this are 
punished to show the world that this is not American. And we must 
never, ever, put this irrational, inhuman behavior on the young men and 
women serving honorably in the uniformed service of the United States.
  Mr. BLUMENAUER. Mr. Speaker, this Resolution falls far short of the 
mark of adequately expressing the concerns I've heard from my Oregon 
constituents and that I have myself. Its failure to include a mechanism 
to hold Congress accountable and ensure that we do our job is 
unacceptable.
  While concurring with the sentiment of outrage expressed against 
these acts and deploring those responsible, this Resolution is a very 
poor substitute for the oversight, fact-finding, and policy 
formulations that are the duties of this Congress. H. Res. 627 is 
window dressing, after the fact, and I refuse to support it.
  Ms. KILPATRICK. Mr. Speaker, it is unfortunate that I find myself 
opposing this resolution. I do so because it is only a half way measure 
that attempts to gloss over the scope of the problem regarding the 
treatment of prisoners and detainees in Iraq.
  First of all the resolution is limited to only the situation in Iraq 
when we are given to understand that the problem extends to the 
treatment of detainees in Afghanistan and in Guantanamo Bay.
  Second, the resolution fails to call on the administration to provide 
assurances that it will treat all classes of detainees, prisoners and 
enemy combatants to the standards established by the Geneva Convention.
  Third, it does not call on the leadership of this Congress to embark 
on an investigation of these ``abhorrent'' acts, as President Bush 
described this very sad episode that has left an indelible impression 
throughout the Arab world.
  Fourth, the resolution seems to limit accountability to those in our 
Armed Services, principally the enlisted ranks of our Army, and 
exculpates those higher-level officers and civilian authorities within 
the chain of command.
  Fifth, the resolution says nothing about investigating civilian, 
private military firms (PMFs) who are working under contract with the 
Coalition Provisional Authority (CPA). The CPA has relied on PMFs to 
perform security functions that are normally performed by U.S. military 
personnel, including logistical support, interrogation of prisoners, 
convoy security, guarding vital facilities and personnel, and more.
  Sixth, the resolution fails to hold Defense Secretary Donald Rumsfeld 
accountable. The day the story broke about the abuses of Iraqi 
prisoners at Abu Ghraib Prison Secretary Rumsfeld was briefing the 
Senate and made no mention of the problem. I find myself in agreement 
with Sen. John McCain of Arizona that there is a lack of communication 
between the administration and the Congress when it comes to the issue 
of Iraq. Secretary Rumsfeld is responsible for that lack of 
communication and this resolution is evidence enough that the 
leadership of this Congress is covering for him. I join with others in 
calling for the Secretary's resignation.
  The Washington Post is right on target when it said: ``The Pentagon 
ruled that the United States would no longer be bound by the Geneva 
Convention, that Army regulations on the interrogation of prisoners 
would not be observed; and that many detainees would be held 
incommunicado and without any independent mechanism of review.''
  This administration has mastered the art of deniability. No one has 
been held accountable. It is time we hold the Secretary of Defense to 
account and ask for his resignation.
  For these reasons, I cast my vote in opposition to this resolution.
  The SPEAKER pro tempore (Mr. Simpson). All time for debate has 
expired.
  Pursuant to House Resolution 628, the resolution is considered read 
for amendment, and the previous question is ordered.


                Motion to Recommit Offered by Mr. Hoyer

  Mr. HOYER. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the resolution?
  Mr. HOYER. I am in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Mr. Hoyer moves to recommit the resolution H. Res. 627 to 
     the Committee on Armed Services with instructions to report 
     the same back to the House forthwith with the following 
     amendments:


                             Point of Order

  Mr. HUNTER (during the reading). Mr. Speaker, I make a point of order 
that the motion contains instructions not allowed under H. Res. 628.
  The SPEAKER pro tempore. Does the gentleman from Maryland wish to be 
heard on the point of order?
  Mr. HOYER. I do.
  The SPEAKER pro tempore. The gentleman from Maryland is recognized.
  Mr. HOYER. Mr. Speaker, is it the contention that the rule, as 
presented

[[Page 8591]]

and as passed by the majority, prevents the minority from offering a 
substantive substitute under the rule so that the alternative felt to 
be preferable by the minority may not be heard? Is that the condition 
under which the rule places the minority?
  The SPEAKER pro tempore. The point of order is that the motion 
includes instructions.
  Mr. HOYER. I understand that, Mr. Speaker. My question is, does that 
preclude us, therefore, from offering an alternative that gives an 
alternative proposal to have that proposal be considered on the floor?
  The SPEAKER pro tempore. Under House Resolution 628, the motion may 
not contain instructions.
  Mr. HOYER. I thank the Speaker. He has answered my question.
  I withdraw my reservation because, under the rule, we have been 
gagged.
  The SPEAKER pro tempore. The Chair is prepared to rule.
  Although the Chair ordinarily would await the reading in full before 
broaching a question of order, the Chair is uniquely responsible to 
intervene in the present circumstances.
  The Chair finds that the motion includes instructions, in unambiguous 
contravention of House Resolution 628. Therefore, the motion is not in 
order as a matter of form and without regard to its content.
  The point of order is sustained.


                         Parliamentary Inquiry

  Mr. HOYER. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state it.
  Mr. HOYER. That means not only can it not be considered on the floor, 
but it cannot even be disclosed to the Members?
  The SPEAKER pro tempore. The gentleman may enter the motion into the 
Record by unanimous consent.
  Mr. HOYER. Mr. Speaker, I ask unanimous consent to enter the motion 
into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.

  The text of the motion is as follows:

       Strike the preamble and insert the following:
       Whereas the American people and the world abhor the abuses 
     inflicted upon detainees at the Abu Ghraib prison in Baghdad;
       Whereas the investigation by the United States Central 
     Command has identified problems of leadership, chain of 
     command, and training that contributed to the instances of 
     abuse;
       Whereas the Congress was not adequately informed of the 
     existence, or the seriousness, of those abuses or of the 
     investigation of those abuses until after they had been 
     disclosed in the national media;
       Whereas such abuses are offensive to the principles and 
     values of the American people and the United States military, 
     are incompatible with the professionalism, dedication, 
     standards and training required of individuals who serve in 
     the United States military, and contradict the policies, 
     orders, and laws of the United States and the United States 
     military and undermine the ability of the United States 
     military to achieve its mission in Iraq;
       Whereas the vast majority of members of the Armed Forces 
     have upheld the highest possible standards of professionalism 
     and morality in the face of terrorist attacks and other 
     attempts on their lives;
       Whereas members of the Armed Forces have planned and 
     conducted, frequently at great peril and cost, military 
     operations in a manner carefully intended to prevent or 
     minimize injury to Iraqi civilians and property;
       Whereas over 138,000 members of the United States Armed 
     Forces serving in Iraq, a total force comprised of active, 
     National Guard, and Reserve personnel, are executing with 
     courage and skill a mission to rebuild and rehabilitate Iraq 
     and return the Government of Iraq to the Iraqi people; and
       Whereas the Department of Defense has awarded members of 
     the Armed Forces serving in Operation Iraqi Freedom at least 
     3,767 Purple Hearts, as well as thousands of commendations 
     for valor, including at least 4 Distinguished Service 
     Crosses, 127 Silver Stars, and over 16,000 Bronze Stars: Now, 
     therefore, be it
       Strike all after the resolving clause and insert the 
     following:

     That the House of Representatives--
       (1) strenuously deplores and condemns the abuse of persons 
     in United States custody in Iraq, regardless of the 
     circumstances of their detention;
       (2) reaffirms the American principle that any and all 
     individuals under the custody and care of the United States 
     Armed Forces shall be afforded proper and humane treatment;
       (3) urges the Secretary of Defense to conduct a full and 
     thorough investigation into any and all allegations of 
     mistreatment or abuse of detainees in Iraq;
       (4) urges the Secretary of Defense to ensure that 
     corrective actions are taken to address chain of command 
     deficiencies and the systemic deficiencies identified in the 
     incidents in question;
       (5) urges the Secretary of Defense to bring to swift 
     justice any member of the Armed Forces who has violated the 
     Uniform Code of Military Justice to ensure that their actions 
     do not further impugn the integrity of the United States 
     Armed Forces or further undermine the United States mission 
     in Iraq;
       (6) urges the Attorney General to bring to swift justice 
     any United States civilian contractor or other United States 
     civilian whose conduct in connection with the treatment of 
     detainees in Iraq is in violation of law so to ensure that 
     their actions do not further undermine the United States 
     mission in Iraq;
       (7) affirms the need for bipartisan congressional 
     investigations to be conducted immediately into these 
     allegations of abuse, including allegations of abuse by 
     United States civilian contractor personnel or other United 
     States civilians, and into the chain of command and other 
     systemic deficiencies, including the command atmosphere that 
     contributed to such abuse;
       (8) reaffirms the need for Congress to be frequently 
     updated on the status of efforts by the Department of Defense 
     to address and resolve issues identified in this resolution;
       (9) expresses the deep appreciation of the Nation to the 
     courageous and honorable members of the Armed Forces who have 
     selflessly served, or who are currently serving, in Operation 
     Iraqi Freedom;
       (10) declares that the alleged crimes of some individuals 
     should not detract from the commendable sacrifices of over 
     300,000 members of the United States Armed Forces who have 
     served, or who are serving, in Operation Iraqi Freedom;
       (11) expresses the support and thanks of the Nation to the 
     families and friends of the soldiers, Marines, airmen, 
     sailors, and Coast Guardsmen who have served, or who are 
     serving, in Operation Iraqi Freedom; and
       (12) expresses the continuing solidarity and support of the 
     House of Representatives and the American people for the 
     efforts of the United States with the Iraqi people in 
     building a viable Iraqi government and a secure nation.

  Mr. HOYER. Mr. Speaker, I appeal the ruling of the Chair.
  Mr. Speaker, I withdraw the appeal.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. HUNTER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  Pursuant to clause 8 of rule XX, this 15-minute vote on adoption of 
H. Res. 627 will be followed by 5-minute votes on the motions to 
suspend the rules and adoption of House concurrent resolutions 326 and 
398.
  The vote was taken by electronic device, and there were--ayes 365, 
noes 50, not voting 19, as follows:

                             [Roll No. 150]

                               AYES--365

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Bachus
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Boehlert
     Boehner
     Bonilla
     Bonner
     Boozman
     Boswell
     Boucher
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Coble
     Cole
     Collins
     Cooper
     Costello
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Feeney
     Ferguson
     Filner
     Flake
     Foley
     Forbes
     Ford
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gephardt
     Gerlach
     Gibbons

[[Page 8592]]


     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jefferson
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCotter
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Menendez
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Obey
     Ortiz
     Osborne
     Ose
     Otter
     Pascrell
     Pastor
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Ryun (KS)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--50

     Abercrombie
     Blumenauer
     Brown (OH)
     Clyburn
     Conyers
     Cummings
     Fattah
     Frank (MA)
     Grijalva
     Gutierrez
     Hastings (FL)
     Hinchey
     Hoyer
     Inslee
     Jackson-Lee (TX)
     Jones (OH)
     Kaptur
     Kilpatrick
     Kucinich
     Lee
     Lewis (GA)
     Markey
     McCollum
     McDermott
     McGovern
     Meek (FL)
     Millender-McDonald
     Miller, George
     Mollohan
     Oberstar
     Olver
     Owens
     Pallone
     Paul
     Payne
     Pelosi
     Rangel
     Ryan (OH)
     Sabo
     Schakowsky
     Serrano
     Stark
     Strickland
     Towns
     Velazquez
     Waters
     Watson
     Watt
     Waxman
     Woolsey

                             NOT VOTING--19

     Baca
     Blunt
     Bono
     Boyd
     Cox
     Davis, Jo Ann
     DeMint
     Greenwood
     Jenkins
     John
     Latham
     Lewis (KY)
     McCrery
     McHugh
     Meeks (NY)
     Oxley
     Solis
     Tauzin
     Wilson (SC)


                announcement by the speaker pro tempore

  The SPEAKER pro tempore (Mr. Simpson) (during the vote). Members are 
advised that 2 minutes remain in this vote.

                              {time}  1505

  Messrs. GUTIERREZ, SABO and STRICKLAND changed their vote from 
``aye'' to ``no.''
  Mr. ANDREWS and Mr. JACKSON of Illinois changed their vote from 
``no'' to ``aye.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________