[Congressional Record (Bound Edition), Volume 151 (2005), Part 18]
[Extensions of Remarks]
[Page 24852]
[From the U.S. Government Publishing Office, www.gpo.gov]




SUPPORT FOR INSTRUCTING CONFEREES ON THE FY2006 DEFENSE APPROPRIATIONS 
                                  BILL

                                 ______
                                 

                          HON. JAMES P. MORAN

                              of virginia

                    in the house of representatives

                      Wednesday, November 2, 2005

  Mr. MORAN of Virginia. Mr. Speaker, I rise today in strong support 
for instructing conferees on the FY2006 Defense Appropriations bill to 
include the amendment by our colleague in the Senate, John McCain. This 
provision would simply provide for uniform standards for the 
interrogation of persons under the detention of the Defense Department 
and a prohibition on cruel, inhumane, or degrading treatment or 
punishment of persons under custody or control of the U.S. Government.
  Senator McCain knows the ravages of war and devastating effects of 
inhumane treatment at the hands of an enemy. He and other American 
soldiers during the Vietnam War were subjected to terrible treatment 
that no human being ought to endure. In recent floor remarks, Senator 
McCain explained that during his time in captivity he and his fellow 
American soldiers drew strength from knowing that the institution to 
which they belonged, the U.S. military, and the country they served 
stood for the highest of principles and ideals. They believed that the 
U.S would never treat prisoners of war the way that they were being 
treated.
  No one would disagree that ``torture, cruel, inhumane, and degrading 
treatment'' is unjust, but there is clear evidence that it is also 
ineffective. When put under extreme levels of pain or duress during 
interrogation, a detainee is more likely to say anything to stop the 
pain, regardless of its accuracy. Moreover, our own cruel treatment of 
others legitimizes the torture of American citizens. Look no further 
than the desecrated bodies of American citizens and soldiers killed in 
Iraq for tragic evidence of this reaction. Furthermore, torture and 
inhumane treatment aids in the recruitment of terrorists and fuels 
further terrorist activity.
  As members of Congress, we have the Constitutional obligation, under 
Article I, Section 8, to speak out on this issue and others related to 
treatment of foreign detainees in war. We also have a moral obligation 
to oppose cruel and degrading treatment of human beings, and a 
patriotic obligation to stand up for the honor of this country.
  In the wake of the scrutiny and embarrassment that our nation has 
endured following the treatment of detainees at Abu Ghraib and 
Guantanamo Bay, it is imperative that we proclaim to the rest of the 
world that this policy reflects the law of the land and the conscience 
of our country. Providing our soldiers with clear, written guidance on 
how to treat detainees not only protects their interests but 
underscores the freedoms and values we cherish as Americans and that we 
claim to be the reason we have gone to war in Iraq, Afghanistan and 
other parts of the world.
  Today, as a Congress we must respect and honor our nation, those that 
risk their lives to serve it, and the high standards and ideals on 
which it is based. Supporting the McCain amendment is not an issue of 
political difference; it is an issue of national identity.
  The McCain amendment is needed to close a loophole in current policy 
that does not explicitly describe standards for foreigners held under 
U.S. custody abroad. This amendment reiterates and clarifies our 
existing policy that prohibits the use of torture, cruel, inhuman, and 
degrading treatment by U.S. soldiers and agents who are detaining and 
interrogating prisoners in the global war on terror, requiring that 
they use the techniques sanctioned in the Army Field Manual on 
Intelligence and Interrogation.
  I urge my colleagues to resist any efforts to accept a watered down 
version of Senator McCain's language that would grant exceptions for 
the CIA to conduct its own investigations of detainees in locations 
overseas that are independent of the Army Field Manual. Such a move, 
which apparently is being orchestrated by the Vice President's office, 
would only defeat the intent of the provision adopted in the Senate and 
cause further confusion among military and civilian service people 
charged with detainee interrogations.
  The Army Field Manual has been used as the standard for interrogation 
guidance since it was established during the Reagan Administration. The 
Manual does not cast any technique into stone, but changes with time 
and includes techniques and descriptions that are classified so as not 
to be uncovered by enemies.
  In a sign of broad bipartisan support, the Senate overwhelmingly 
approved the McCain amendment in a 90 to 9 vote. In addition, 28 
retired military leaders, including General Shalikashvili, General 
Hoar, and General Colin Powell, have supported legislating the use of 
the Army Field Manual through the McCain amendment.
  In today's global war on terror, men and women in the armed forces 
are charged with the critical task of detaining and interrogating 
prisoners of war and enemy combatants without clear instructions on 
what is and what is not permissible. These ambiguities contributed to 
the absence of standards that resulted in the degrading and inhumane 
treatment that we, and the rest of the world, witnessed at Abu Ghraib 
and what apparently occurred at Guantanamo at the hands of young and 
ill-advised soldiers.
  The abuses at Abu Ghraib and Guatanamo stained the honor of our 
country and our military. I know that most of our constituents want to 
amend these wrongdoings. In order to do this, and to help protect the 
treatment of American soldiers who may be held as prisoners of war, we 
must give our troops clear instructions on acceptable treatment during 
detainment and interrogation, without equivocation.
  Let us not shrink from the responsibility that stands before us; let 
us rise as a united body to defend our principles, uphold our proud 
traditions and articulate to the world what America stands for. I urge 
my colleagues to express their support to Chairman Young to retain the 
McCain amendment, without modification, in the conference agreement to 
the FY2006 Defense Appropriations bill.

                          ____________________