[Congressional Record (Bound Edition), Volume 151 (2005), Part 14]
[Senate]
[Page 19195]
[From the U.S. Government Publishing Office, www.gpo.gov]




          POLICIES RELATED TO DETAINEES FROM THE WAR ON TERROR

  Mr. ALEXANDER. Mr. President, when the Senate reconvenes in 
September, one of the first orders of business will be the Defense 
authorization bill. During August, I respectfully suggest the President 
reconsider his opposition to legislation that would set the rules for 
the treatment and interrogation of detainees.
  I have decided to cosponsor three amendments to the Defense 
authorization bill that clarify our policies relative to detainees from 
the war on terror. There has been some debate about whether it is 
appropriate for Congress to set rules on the treatment of detainees, 
but for me this question isn't even close.
  The people through their elected representatives should set the rules 
for how detainees and prisoners under U.S. control are treated and 
interrogated. In the short term, the President can set the rules, but 
the war on terror is now nearly 4 years old. We don't want judges 
making up the rules. So, for the long term, the people should set the 
rules. That is why we have a independent Congress.
  In fact, the Constitution says, quite clearly, that is what Congress 
should do: article I, section 8 of the Constitution says that Congress, 
and Congress alone, shall have the power to ``make Rules concerning 
Captures on Land and Water.''
  So Congress has a responsibility to set clear rules here.
  But the spirit of these amendments is really one that I hope the 
White House will decide to embrace. In essence, these amendments codify 
military procedures and policies, procedures in the Army Field Manual, 
policies regarding compliance with the Convention Against Torture 
signed by President Reagan, and policies the Defense Department has set 
regarding the classification of detainees.
  That is right. All three of these amendments uphold or codify 
policies and procedures the administration says we are following today 
and intend to follow moving forward.
  Senator Graham's amendment No. 1505 authorizes the system the Defense 
Department has created--Combat Status Review Tribunals--which are there 
for determining whether a detainee is a lawful or unlawful combatant 
and then ensures that information from interrogating those detainees 
was derived from following the rules regarding their treatment. Senator 
Graham's amendment also allows the President to make adjustments when 
necessary as long as he notifies Congress.
  The first McCain Amendment No. 1556, prohibits cruel, inhuman, or 
degrading treatment or punishment of detainees. The amendment is in 
specific compliance with the Convention Against Torture that was signed 
by President Reagan. The administration says that we are already 
upholding those standards when it comes to treatment of detainees, so 
this should be no problem.
  The second McCain amendment No. 1557 states simply that the 
interrogation techniques used by the military on detainees shall be 
those specified by the Army Field Manual on Intelligence Interrogation. 
The military, not Congress, writes that manual, and we are told that 
the techniques specified in that manual will do the job. Further, the 
manual is under revision now to include techniques related to unlawful 
combatants, including classified portions, that will continue to give 
the President and the military a great deal of flexibility.
  If the President thinks these are the wrong rules, I hope he will 
submit new ones to Congress so that we can debate and pass them. I am 
one Senator who would give great weight to the President's views on 
this matter. It is quite possible the Graham and McCain amendments need 
to be altered to set the right rules, but it is time for Congress to 
act.
  This has been a gray area in our law. In this gray area, the question 
is who should set the rules. In the short term, surely the President 
can. In the longer term, the people should, through their elected 
representatives. We don't want the courts to write the rules.
  In summary, it is time for Congress, which represents the people, to 
clarify and set the rules for detention and interrogation of our 
enemies. During the next few weeks, I hope the White House will tell us 
what rules and procedures the President needs to succeed in this 
effort. That way we can move forward together.

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