S8086 CONGRESSIONAL RECORD — SENATE July 24, 2009 historic rules of warfare are, it is what the unlawful enemy combatant defini- No. 3, staying at Osama bin Laden’s we have always done, and we need not tion covered hostile groups ‘‘including house in when the U.S. bombing be confused in this war and start treat- a person who is part of . . . al-Qaida, or began. ‘‘It was Osama bin Laden’s pri- ing it as if it were some sort of crimi- associated forces.’’ vate house,’’ he said. nal activity. Doing so would com- Let’s be clear about what removing No. 4, meeting with bin Laden him- promise our ability to be effective and al-Qaida from the definition would self on numerous occasions. place at greater risk those individuals have meant in the legal proceedings re- No. 5, responding to Osama bin whom we send in harm’s way, such as lated to detainees. It will cloud them Laden’s call for all fighters to retreat the 217th Military Police troop from under uncertainty and ambiguity. and assemble at Tora Bora and, Prattville, AL, which is going to Iraq. Judges, whether military or civilian, No. 6, being in the cave with Osama We don’t need to be confused about will have to second guess whether al- bin Laden at Tora Bora. what this is. It is not a law enforce- Qaida members are truly eligible to be If Federal courts are going to second ment operation. held as enemy combatants. guess the military on cases like We also adopted an amendment last This is not an unjustified concern. Basardh under the current Military Commissions Act, Congress certainly night that prohibited the intelligence Let me tell you about one case where a should not weaken this act any more communities of the , our Federal judge questioned whether an and give them any more ability to un- agencies or our military, from giving al-Qaida member who fought in the jihad could still be held as an enemy dermine our efforts. Miranda warnings to people captured To the contrary, Congress should be on the battlefield. Giving Miranda combatant. On April 15 of this year, Judge Huvelle of the U.S. District crystal clear that membership in al- warnings to unlawful enemy combat- Qaida qualifies a detainee for ants is unthinkable. It is a confusing Court for the District of Columbia granted the habeas corpus petition of unprivileged enemy belligerent status. thing. What you are basically telling My amendment removed any doubt these people that we capture is: Don’t Yasin Muhammed Basardh, over the objections of the Obama administra- over the detention of anyone who is a talk, we will give you a lawyer. member of al-Qaida or served in its aid. In fact, some of the NGOs, were tell- tion. Habeas corpus petition is a right of a My amendment will make clear that ing Americans not to talk to them and person in the United States who is held cases like this should not happen ask for lawyers, because we were begin- by the Government to ask why they again. Simply put, if you are a member ning to give Miranda warnings. are being held. It is referred to in the of al-Qaida you are going to be de- The premise of this amendment is Constitution. Many of my colleagues tained and held until the war is over, not an overreach. It is consistent with have said you are denying these pris- in the same way Nazi army prisoners of our law. oners habeas corpus petitions—denying war treated during World War II. Make no mistake, al-Qaida has an- them, taking away something to which I urge my colleagues to think about nounced it is and continues to be at they are entitled. this, to make sure we are fully cog- war with the United States. We are at I would point out that is not correct. nizant of the dangers our country war with them. We cannot mince Nobody ever understood habeas corpus, faces, and retain this language that words. We cannot lead the world to be- as referred to at the founding of our was initially omitted, keeping al-Qaida lieve that we have softened our resolve Republic, as something applied to peo- by name as a group which we are at to defeat this enemy that threatens us. ple captured in war against the United war against. It is important that According to a CNN report from July States. That was never what it meant. doesn’t get removed by the conference 15, 2009, al Zawahiri, bin Laden’s dep- It is only a most recent incorrect defi- committee. I am going to be watching. uty, called on Muslims to join in a nition of habeas that applied it to peo- I think it is a big deal. jihad against the United States. I wish ple who are trying to kill Americans Oftentimes when the conference com- that were not so but that is what it is. and are at war against Americans. mittee meets, they make substantive Last week a terrorist group affiliated Some of the courts are confused on changes in the bill. Following con- with al-Qaida targeted two American- this, in my view. Congress has been a ference, it will come back to the floor, owned hotels in Jakarta, Indonesia. On bit confused about it also. and at that time we will be unable to July 21, just a few days ago, a Wall But Judge Huvelle, unwisely, I think, amend it. I am going to watch. I think Street Journal article pointed out last concluded that the United States could the American people need to know we week’s hotel bombings were not some no longer hold Mr. Basardh because he are not confused in our thinking. We isolated event: no longer posed a realistic risk of join- know against whom we are at war and In the 19 months leading up to the Jakarta ing the enemy—in his opinion. Judge we are committed to this effort and we attacks, Islamic terrorists have brought Huvelle is not involved in the war. He are supporting our fabulous men and their holy war to upscale properties in is sitting safe and comfortable here in women who place their lives at risk for Kabul, ; Islamabad, Pakistan; the District of Columbia. The execu- us. We must not undermine their ef- Mumbai, India; and Peshawar, Pakistan. The tion of a war is placed in the hands of forts by creating circumstances in casualties thus far number 116 people killed which Federal judges can treat mili- and hundreds more injured. the men and women in the military to protect our country, whose lives are on tary captives as ordinary criminals I ask my colleagues, in the middle of the line. with all the rights pertaining thereto. the war against al-Qaida, is it wise to So this judge reached this conclusion I yield the floor. remove al-Qaida from the definition of because Basardh was cooperative while f unlawful enemy combatant, or even in custody at Guantanamo Bay. In her DEFENSE AUTHORIZATION the new form ‘‘unprivileged enemy bel- decision in 2009, Judge Huvelle failed to ligerent’’? That is the new word we are mention the many salient facts that Mr. KYL. Mr. President, I rise today using and perhaps it is all right. I don’t showed why the Obama administration to discuss an amendment I submitted know why we changed. But we have to and the Bush administration before it with 12 cosponsors that the Senate be careful the words we use. opposed this man’s release. According adopted yesterday by voice vote. My Can anyone imagine the Congress re- to unclassified Administrative Review amendment, No. 1760, as modified by a moving ‘‘Nazi’’ from the wartime defi- Board records, Basardh was closely as- second-degree amendment I offered, nitions in the middle of the Second sociated with al-Qaida, and directly No. 1807, sets some important bench- World War? What do we hope to linked to Osama bin Laden. He admit- marks for the President to meet as his achieve by taking al-Qaida’s name out? ted to: administration negotiates and prepares Fortunately, last night it was put No. 1, traveling from Yemen to Af- for Senate ratification of a follow-on to back in. But what would have been ghanistan to join the jihad, saying, the 1991 START agreement, which ex- achieved by removing their name from ‘‘Yes, I did go to Afghanistan for the pires this December 5. that list of organizations against which Jihad.’’ As my colleagues know, the Con- we are at war? No. 2, training at the al-Qaida-run al stitution entrusts the Senate with the The original Military Commissions Farouq camp near Kandahar in Afghan- responsibility of advice and consent on Act passed in 2006 made it clear that istan; treaties.

VerDate Nov 24 2008 01:30 Jul 25, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JY6.016 S24JYPT1 jbell on DSKDVH8Z91PROD with SENATE July 24, 2009 CONGRESSIONAL RECORD — SENATE S8087 It is entirely within the Senate’s pre- these matters, the amendment makes tions called for in the treaty until the rogative—in fact, it is the Senate’s re- clear the Senate expects the adminis- modernization plan, at least the fiscal sponsibility—to consult with the ad- tration will not change its position by year 2011 elements of it, are submitted ministration at the beginning of a trea- including any of these limitations in by the President and funded by the ty negotiation, during the process, and the follow-on treaty, no matter how Congress. at the end. I have said before, if the ad- hard the Russians huff and puff and My personal belief, consistent with ministration wants to have the Senate stomp their feet. the warnings of the Secretary of De- on board at the end of the treaty proc- And the Senate has now joined the fense, is that we should not ratify the ess—at ratification—it must listen to House of Representatives in unani- treaty until the long-term moderniza- Senators throughout that negotiation. mously backing my amendment and tion plan is submitted by the President That is why the National Security the similar House amendment offered and funded by the Congress. But that is Working Group which I co-chair with by Congressman TURNER so the Rus- not what this amendment would do. my friend Senator BYRD is so impor- sians and the Obama administration Additionally, it is clear from that tant. should have no question about what Joint Understanding that issues to- It is also why this amendment is so both Houses of the Congress expect tally unrelated to strategic arms re- important. The amendment is simple from this treaty process. ductions, like missile defense and con- and straightforward so that there I would like to say a few words about ventional modernization programs, are should not be any confusion about why I felt it was necessary to offer at risk of being sewn into the START what the Senate expects in this treaty these measures. agreement anyway. process. In recent months, it has become clear As Dr. Keith Payne, a member of the First, the amendment requires the that our nuclear deterrent is in need of Perry-Schlesinger Commission, re- President to submit a report on the serious attention. As high an authority cently noted in testimony before the plan to modernize the U.S. nuclear de- as Secretary of Defense Robert Gates House Foreign Affairs Committee: terrent, including the nuclear weapons warned: It would seem self-evidently a mistake to stockpile, the infrastructure and the At a certain point, it will become impos- include any limits on U.S. [Ballistic Missile delivery systems. This report must be sible to keep extending the life of our arse- Defense] BMD as a price to be paid for an put together in consultation with the nal, especially in light of our testing morato- agreement that requires nothing of the Rus- experts: the directors of the national rium. It also makes it harder to reduce exist- sians beyond discarding the aged systems weapons labs, the Administrator of ing stockpiles, because eventually we won’t they plan to eliminate in any event and will have as much confidence in the efficacy of NNSA, the Secretary of Defense and not touch the real problem of Russian tac- the weapons we do have. tical nuclear weapons. the Commander of the United States And: Strategic Command. And it must be ac- Yet, despite the logic of Dr. Payne’s companied by a plan to pay for the To be blunt, there is absolutely no way we statement, and disregarding the photo can maintain a credible deterrent and reduce ops and positive press statements, modernization of the deterrent over the number of weapons in our stockpile with- the next decade. President Medvedev made clear that out either resorting to testing our stockpile little had changed from the especially This report is due within 30 days of or pursuing a modernization program. enactment of S. 1390 or at the same pugnacious Russian statements before The Perry-Schlesinger Commission, the July summit when he said at the time the President sends the START which recently issued its final report, follow-on treaty to the Senate, which- G–8 summit just a few days later: ‘‘If also warned that: we don’t manage to agree on the issues, ever occurs earlier. For the indefinite future, the United And to make sure there is no confu- you know the consequences,’’ referring States must maintain a viable nuclear deter- to the deployment of Russian tactical sion about what the Senate expects, I rent. The other NPT-recognized nuclear- joined my colleagues Senators LEVIN, weapon states have put in place comprehen- missiles to Kaliningrad. MCCAIN, KERRY, LUGAR, and BYRD in sive programs to modernize their forces to And his Foreign Minister, Mr. sending a letter to the President to meet new international circumstances. Lavrov, further elaborated that if the make clear that this plan must be in Yet, it is clear that the steps nec- Third Site goes forward, ‘‘then that place, and funded in fiscal year 2011 and essary to do that are not being taken. will doubtless place a big question the outyears, at the same time the The administration’s fiscal year 2010 mark over the prospects for further re- START follow-on treaty is sent to the budget for the nuclear deterrent has ductions in strategic offensive weap- Senate. I will ask to have this letter been described by its own officials as ons.’’ printed in the RECORD at the conclu- ‘‘treading water’’ and a ‘‘placeholder.’’ Congress has a long history of mak- sion of my statement. The physics and chemistry that are ing its views known on arms control Let there be no mistake about what causing our nuclear weapons to dete- negotiations in this fashion, including we mean: if the administration does riorate will not wait for the next Nu- on the SALT-I negotiations in 1972 and not submit to Congress a plan for the clear Posture Review—NPR—though. the START II negotiations in 1996. modernization of the U.S. nuclear de- I make that point because I’m sure Given the issues at stake in the fol- terrent, with funding to implement there are those who will make the ar- low-on treaty, it is clear that this that plan, at the same time it submits gument that a comprehensive mod- amendment is necessary. a START follow on agreement, that ernization plan should wait for that Mr. President, I also ask unanimous treaty will not be ratified by the Sen- NPR. consent to have printed in the RECORD ate until it does. To that I have two points: one, mod- a Dear colleague letter I circulated to I know modernization is a dirty word ernization is interrelated with the size Senators concerning my amendment to some arms controllers who believe of our stockpile this is the point made No. 1760, in addition to the letter to that our nuclear weapons will simply by the Secretary of Defense. President Obama which I referred to go away if we neglect them enough. It And, apparently, decisions about the earlier. should now be clear that that plan of size of our stockpile—which is a signifi- There being no objection, the mate- nuclear disarmament through neglect cant element of the NPR Congress or- rial was ordered to be printed in the and atrophy is dead. dered—are being made right now; in RECORD, as follows: Second, the amendment addresses fact, it appears they were made in JULY 23, 2009. the Russian Federation’s demands that early July in Moscow. If the cart can President , the U.S. place limitations upon its mis- be put before the horse, the Senate can The White House, sile defenses, space capabilities, or ad- and should require the horse be Washington, DC. vanced conventional modernization in brought along. DEAR PRESIDENT OBAMA: We believe that I say again, my amendment doesn’t when the START treaty is submitted, you order to reach an agreement on the should also submit a plan, including a fund- treaty. Any such treaty would be dead say that the treaty or agreement can’t ing estimate for FY11 (and out years across on arrival in the Senate. be signed until there is a moderniza- the next decade), to enhance the safety, se- To strengthen the President’s posi- tion plan put forward. It merely says curity and reliability of the nuclear weapons tion with the Russian Federation on the DOD can’t implement the reduc- stockpile, to modernize the nuclear weapons

VerDate Nov 24 2008 01:30 Jul 25, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JY6.001 S24JYPT1 jbell on DSKDVH8Z91PROD with SENATE S8088 CONGRESSIONAL RECORD — SENATE July 24, 2009 complex (i.e. improve the safety of facilities, able numerical advantage. As noted above, it Obama, who seeks to banish nuclear weap- modernize the infrastructure, maintain the stores thousands of these weapons in appar- ons entirely, has little use for such prosaic key capabilities and competencies of the nu- ent support of possible military operations contrivances. First, the Obama budget actu- clear weapons workforce—the designers and west of the Urals. The United States deploys ally cuts spending on missile defense, at a the technicians), and to maintain the deliv- a small fraction of that number in support of time when federal spending is a riot of ex- ery platforms. nuclear sharing agreements in NATO. Pre- travagance and trillion-dollar deficits. Then Sincerely, cise numbers for the U.S. deployments are comes the ‘‘pause’’ (as Russia’s president ap- JON KYL, classified but their total is only about five preciatively noted) in the planned establish- U.S. Senator. percent of the total at the height of the Cold ment of a missile shield in Eastern Europe. JOHN MCCAIN, War. Strict U.S.-Russian equivalence in And now the ‘‘Joint Understanding’’ com- U.S. Senator. NSNF numbers is unnecessary. But the cur- mits us to a new treaty that includes ‘‘a pro- RICHARD LUGAR, rent imbalance is stark and worrisome to vision on the interrelationship of strategic U.S. Senator. some U.S. allies in Central Europe. If and as offensive and strategic defensive arms.’’ CARL LEVIN, reductions continue in the number of oper- Obama further said that the East European U.S. Senator. ationally deployed strategic nuclear weap- missile shield ‘‘will be the subject of exten- JOHN KERRY, ons, this imbalance will become more appar- sive negotiations’’ between the United U.S. Senator. ent and allies less assured.’’ States and Russia. ROBERT C. BYRD, Congress has a long history of making its Obama doesn’t even seem to understand U.S. Senator. views known on arms control negotiations in the ramifications of this concession. Poland this fashion, including on the SALT-I nego- and the Czech Republic thought they were JULY 22, 2009. tiations in 1972 and the START II negotia- regaining their independence when they DEAR COLLEAGUE, I recommend the at- tions in 1996. joined NATO under the protection of the I urge you to support my amendments to tached op-ed, ‘‘Plumage—But at a Price’’ by United States. They now see that the shield the NDAA. It is imperative that we ensure Charles Krauthammer, from the July 9th negotiated with us and subsequently ratified the follow-on treaty is negotiated and imple- Washington Post. Mr. Krauthammer makes a by all of NATO is in limbo. Russia and Amer- mented in a manner most consistent with number of observations worth understanding ica will first have to ‘‘come to terms’’ on the the national security of the U.S. and repeating, including, ‘‘the very notion issue, explained President Dmitry Medvedev. Sincerely, that Kim Jong Il or Mahmoud Ahmadinejad This is precisely the kind of compromised JON KYL, will suddenly abjure nukes because of yet an- sovereignty that Russia wants to impose on United States Senator. other U.S.-Russian treaty is comical.’’ its ex-Soviet colonies—and that U.S. presi- The column also highlights another con- [From the Washington Post, July 9, 2009] dents of both parties for the past 20 years cern: the Russian insistence that we com- have resisted. PLUMAGE—BUT AT A PRICE promise our missile defense. As Mr. Resistance, however, is not part of Krauthammer writes, ‘‘since defensive weap- (By Charles Krauthammer) Obama’s repertoire. Hence his eagerness for onry will be the decisive strategic factor of The signing ceremony in Moscow was a arcane negotiations over MIRV’d missiles, the 21st century, Russia has striven mightily grand affair. For Barack Obama, foreign pol- the perfect distraction from the major issue for a quarter-century to halt its develop- icy neophyte and ‘‘reset’’ man, the arms re- between the two countries: Vladimir Putin’s ment.’’ The July 6th Joint Understanding duction agreement had a Kissingerian air. A unapologetic and relentless drive to restore signed by President Obama and President fine feather in his cap. And our president Moscow’s hegemony over the sovereign Medvedev raises concerns that the Adminis- likes his plumage. states that used to be Soviet satrapies. tration may be ceding key ground to the Unfortunately for the United States, the That—not nukes—is the chief cause of the Russians on several significant points, in- country Obama represents, the prospective friction between the United States and Rus- cluding missile defense. treaty is useless at best, detrimental at sia. You wouldn’t know it to hear Obama in Recently, the House unanimously adopted worst. Moscow pledging to halt the ‘‘drift’’ in U.S.- a provision as a part of its FY10 National De- Useless because the level of offensive nu- Russian relations. Drift? The decline in rela- fense Authorization Act that missile defense, clear weaponry, the subject of the U.S.-Rus- tions came from Putin’s desire to undo what space capabilities and advanced conventional sia ‘‘Joint Understanding,’’ is an irrelevance. he considers ‘‘the greatest geopolitical ca- modernization (e.g. prompt global strike) We could today terminate all such negotia- tastrophe’’ of the 20th century—the collapse should not be a part of the START follow-on, tions, invite the Russians to build as many of the Soviet empire. Hence his squeezing and our nuclear weapons MUST be modern- warheads as they want and profitably watch Ukraine’s energy supplies. His overt threats ized if further reductions are to be conducted them spend themselves into penury, as did against Poland and the Czech Republic for with minimal risk. The operative provisions their Soviet predecessors, stockpiling weap- daring to make sovereign agreements with of the amendment are tied to the implemen- ons that do nothing more than, as Churchill the United States. And finally, less than a tation of a follow-on treaty or agreement; put it, make the rubble bounce. year ago, his invading a small neighbor, de- they DO NOT prevent the Administration Obama says that his START will be a great taching and then effectively annexing two of from concluding a new treaty or agreement boon, setting an example to enable us to bet- Georgia’s provinces to Mother Russia. with the Russians. ter pressure North Korea and Iran to give up We should adopt the same amendment to their nuclear programs. That a man of That’s the cause of the collapse of our rela- strengthen the Administration’s hand with Obama’s intelligence can believe such non- tions. Not drift, but aggression. Or, as the the Russians by making clear that Congress sense is beyond comprehension. There is not reset master phrased it with such delicacy in simply WILL NOT provide the funding to im- a shred of evidence that cuts by the great his Kremlin news conference: ‘‘our disagree- plement a START follow-on that in any way powers—the INF treaty, START I, the Trea- ments on Georgia’s borders.’’ limits missile defense, space capabilities, or ty of Moscow (2002)—induced the curtailment (At the request of Mr. REID, the fol- conventional strike modernization, nor will of anyone’s programs. Moammar Gaddafi lowing statement was ordered to be it allow further strategic arms reductions if gave up his nukes the week we pulled Sad- printed in the RECORD.) the President does not provide a comprehen- dam Hussein out of his spider hole. No treaty ∑ Mr. KENNEDY. Mr. President, I com- sive modernization program for the U.S. nu- involved. The very notion that Kim Jong Il mend the Senate for including the Mat- clear deterrent (including the weapons or Mahmoud Ahmadinejad will suddenly ab- stockpile, the infrastructure that supports jure nukes because of yet another U.S.-Rus- thew Shepard Hate Crimes Prevention it, and the weapons delivery systems). sian treaty is comical. Act as part of the National Defense Au- I will, therefore, be offering such an The pursuit of such an offensive weapons thorization Act, and I am optimistic amendment to S. 1390, the FY10 National De- treaty could nonetheless be detrimental to that at long last, our 12-year effort to fense Authorization Act. us. Why? Because Obama’s hunger for a dip- enact this legislation into law is fi- I will also offer an amendment that ex- lomatic success, such as it is, allowed the nally reaching fruition. presses the Sense of the Senate that the Russians to exact a price: linkage between Hate crimes are acts of domestic ter- asymmetrical advantage Russia has over offensive and defensive nuclear weapons. U.S. and allied forces due to its 10-to-1 edge This is important for Russia because of the rorism. Like all terrorist acts, hate in tactical nuclear weapons must be rec- huge American technological advantage in crimes are intended to strike fear into tified. As the bipartisan Perry-Schlesinger defensive weaponry. We can reliably shoot whole communities by crimes against a Commission stated in its Final Report: ‘‘The down an intercontinental ballistic missile. few. We have committed ourselves to United States should not cede to Russia a They cannot. And since defensive weaponry protecting our country from terrorists posture of superiority in the name of deem- will be the decisive strategic factor of the who strike from abroad, and now we phasizing nuclear weapons in U.S. military 21st century, Russia has striven mightily for have committed ourselves to pro- strategy. There seems no near-term prospect a quarter-century to halt its development. of such a result in the balance of operation- Gorbachev tried to swindle Reagan out of the tecting Americans from hate-moti- ally deployed strategic nuclear weapons. But Strategic Defense Initiative at Reykjavik in vated crimes in our own backyards. that balance does not exist in non-strategic 1986. Reagan refused. As did his successors— That is why 63 Senators from both nuclear forces, where Russia enjoys a size- Bush I, Clinton, Bush II. sides of the aisle voted to include the

VerDate Nov 24 2008 03:01 Jul 25, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JY6.016 S24JYPT1 jbell on DSKDVH8Z91PROD with SENATE July 24, 2009 CONGRESSIONAL RECORD — SENATE S8089 Matthew Shepard Hate Crimes Preven- Matthew Shepard Act would have not port on the adequacy of funding for tion Act as part of the National De- been possible without the effective sup- forces needed to respond to the con- fense Authorization Act. The House of port of the Democratic cloakroom, es- sequences of a chemical, biological, ra- Representatives already approved a pecially Lula Davis. diological, or nuclear explosive inci- very similar measure with strong bi- Finally, I commend the outstanding dent in the United States. Historically, partisan support earlier this year. The work of so many in my own office, in- the Defense Department has delayed ef- Matthew Shepard Act strengthens the cluding Carey Parker, Christine Leon- forts to stand up these forces and un- ability of the Federal Government to ard, Ty Cobb, and Sara Kingsley—as derfunded similar capabilities. This investigate and prosecute hate crimes. well as Bethany Bassett, Jorie Feld- amendment will help ensure that these It removes excessive restrictions in man, Joe Barresi, Colin Taylor, and key civil support forces receive nec- current Federal law that prevent effec- Jamie Susskind, who helped us get essary funds. tive hate crimes prosecutions. And it through the final stretch. For over a Unfortunately, the Senate Armed offers Federal assistance to State and decade, we have been working to see Services Committee rejected my local authorities in preventing, inves- this measure become law, and we cer- amendment to ensure our troops are tigating, and prosecuting despicable tainly wouldn’t be where we are today not exposed to toxic fumes in Iraq and crimes. without the contributions of so many Afghanistan. This commonsense I am proud that President Obama is a dedicated and determined staffers amendment would have prohibited the strong supporter of this bipartisan leg- along the way. burning, in open pits, of waste that islation along with Attorney General Inclusion of the Matthew Shepard produces toxic fumes, including that Eric Holder. The Attorney General has Act as part of the National Defense Au- which produces known carcinogens. I been with us from the beginning of our thorization Act sends a strong signal have urged the chairman to accede to efforts to get this done, and it is sig- that just as our Nation is concerned the language in the House bill, which I nificant that swift enactment of this about terroristic acts abroad, it is also helped to draft, that would prohibit legislation would ensure that the meas- dedicated to eliminating homegrown this practice. ure is implemented under his impres- terrorism against our Nation’s own I continue to be concerned that for- sive guidance. communities. We will be a stronger and eign military assistance funds author- The Attorney General’s leadership at better nation in the years ahead, once ized by this bill are being awarded in the Justice Department is launching a our laws recognize that bias-motivated violation of the Foreign Assistance new era of civil rights enforcement. In violence has no place in the United Act. I will continue to work to ensure recent months, we have worked with States.∑ that the Pentagon complies with Fed- the Justice Department to improve the Mr. FEINGOLD. Mr. President, while eral law in its administration of these Senate-approved hate crimes bill so there are a number of provisions in the programs. The Foreign Assistance Act that it addresses hate crimes in the Fiscal Year 2010 National Defense Au- ensures that our foreign military as- most effective and meaningful way, thorization Act that I support, I have sistance is administered in a manner and I appreciate the time and expertise some serious concerns about the bill that will promote legitimate govern- of so many at the Department on this that prevent me from supporting it. In ments and the rule of law. Failure to matter, especially Mark Kappelhoff, particular, this bill does not contain a comply with these statutory require- Ron Weich, and Judy Appelbaum. In binding deadline to end the war in Iraq. ments runs the risk of provoking insta- addition, I must thank the Justice De- While I am pleased that the President bility, militancy and anti-Ameri- partment for diligently working to pro- has committed to withdrawing our vide its recent views letter which con- canism in key regions throughout the troops by the end of 2011, this redeploy- cludes that the Matthew Shepard Act world. ment schedule is too long and therefore The bill contains a provision prohib- would be ‘‘wholly constitutional.’’ Passage of the amendment would not may undermine our ability to combat iting the outsourcing of interrogations have been possible without the skill al-Qaida and further strain our Armed ‘‘during or in the aftermath of hos- and dedication of many in the Senate. Forces unnecessarily. In addition, tilities.’’ I have previously cosponsored while the President clearly under- similar amendments covering the in- I commend Majority Leader REID for his leadership and commitment to see- stands that the greatest threat to our telligence community. ing that the amendment was passed be- Nation resides in Pakistan, I remain I am pleased that the legislation in- fore the August recess. In addition, I concerned that his strategy regarding cludes changes to the Military Com- commend Serena Hoy of the majority Afghanistan and Pakistan does not missions Act to improve the procedures leader’s staff for her constant atten- adequately address, and may even ex- that would be used in military commis- tion to the issue. acerbate, the problems we face in Paki- sion trials. The Military Commissions I also especially commend Senator stan. This bill authorizes funding that Act violated the basic principles and LEVIN for working so hard with me on is being used to increase our military values of our constitutional system of this measure for so many years, and presence in Afghanistan, without en- government, and any improvement to Rick Debobes and Kaye Meier of his suring that this strategy does not end it is welcome. However, I remain con- staff for their tireless work on the Sen- up pushing militants into neighboring cerned that the military commission ate floor. I am also very grateful for Pakistan and further destabilizing that process is so discredited that it may the support and leadership of Senator nuclear-armed nation. not be possible to fix it. And I have yet LEAHY and his excellent staff, includ- Among the provisions in the bill that to hear a convincing argument that ing Ed Pagano, Bruce Cohen, Kristine I strongly support are a pay raise for other options for bringing detainees to Lucius, Noah Bookbinder, and Roscoe those serving in uniform, a task force justice—the civilian Federal criminal Jones. to review care for wounded warriors, justice system and the military courts I appreciate as well the hard work of and $20 million in additional funding martial system—are insufficient or un- Senator DURBIN and his staffer Mike for the Cooperative Threat Reduction workable. Zubrensky, as well as Senator COLLINS Program. The bill requires a report on the De- and her staff, including Rob Epplin, In addition, my amendment to ensure partment’s efforts to reduce spending Amanda Wood, and Nikki McKinney. I that wounded members of the Reserve on unneeded spare parts. I have long also thank Judiciary Committee staff- component are not discharged until had concerns about wasteful spending ers Lara Flint and Danyelle Solomon, their disabilities have been evaluated on unnecessary spare parts. I was as well as Mike Jones on the Budget will help ensure a smooth transition pleased that early this year, at my urg- Committee, for their contributions as back into civilian life for these service ing, the Air Force committed to reduc- well. I also appreciate the expert and members. I am pleased that this ing its on order excess inventory by patient assistance of John Henderson amendment was accepted and thank half, thus saving American taxpayers and Bill Jensen in the Office of the Senator LEVIN and Senator MCCAIN for roughly $50 million. Legislative Counsel of the Senate. their cooperation. This bill largely supports the Presi- As is the case with many challenging I am also pleased that the Senate ac- dent’s efforts to restore fiscal responsi- issues before the Senate, passage of the cepted my amendment to require a re- bility to the defense budget. I was

VerDate Nov 24 2008 01:30 Jul 25, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JY6.002 S24JYPT1 jbell on DSKDVH8Z91PROD with SENATE S8090 CONGRESSIONAL RECORD — SENATE July 24, 2009 pleased to support Senator LEVIN and renewed. Foreign press bureaus in recognizes the universal values of free- Senator MCCAIN’s amendment strip- Tehran have been closed, and others dom of speech and freedom of the press. ping funds for the F–22 from the bill. have been instructed to suspend all Most importantly, it supports the The Defense Department has stated their Farsi-language news. Iranian people as they seek access to that it does not need any more of these For Iranian journalists, the stakes unimpeded Internet access, cellular aircraft, and that these funds are ur- have been even higher. Numerous Ira- phone communications, and credible gently needed to meet the real-world nian journalists have been detained, news. threats that we face today. I am also imprisoned, assaulted, and intimidated I am pleased the Senate has adopted pleased that the President has reduced since the elections. And journalists a bipartisan bill that supports the Ira- spending on redundant and unproven have been instructed to file stories nian people as they seek unfettered ac- missile defense technologies. I am dis- solely from their offices, which has cess to news and other information. appointed, however, that this bill con- limited their ability to provide timely It is critical that we continue to sup- tains billions of dollars of earmarks and accurate news. port for free speech, free press, and free not requested by the Pentagon. This Regarding interference of inter- expression in Iran and in every country wasteful spending takes money away national broadcasting, shortwave and throughout the world. from our troops and endangers our na- medium wave transmissions of the f tional security. Farsi-language Radio Free Europe/ VIOLENCE AGAINST WOMEN IN Mr. KAUFMAN. Mr. President, Radio Liberty’s Radio Farda have been AFGHANISTAN today, I wish to speak on the Victims partially blocked. And satellite broad- Mr. KERRY. Mr. President, I wish to of Iranian Censorship, or VOICE, Act casts, including those of the Voice of speak about women in Afghanistan. which passed last night as an amend- America’s Persian News Network and After months of collaborative discus- ment to the Defense authorization bill. the British Broadcasting Corporation, I was pleased to introduce this bill sions between women’s advocacy have been intermittently jammed. groups and the Government of Afghani- with Senators MCCAIN, LIEBERMAN, These are popular services in Iran, stan, the Elimination of Violence CASEY, and GRAHAM, and I thank the which serve as a vital source of news Against Women Act was just signed by cosponsors for their shared commit- and entertainment for the Iranian peo- Executive decree. I applaud the women ment to this issue. I also thank Chair- ple, especially for those seeking access man LEVIN and Ranking Member who pushed for this bill, and those in to credible information and news. the government who jointly prepared MCCAIN for helping to secure its pas- Since the election, efforts to suppress it. It represents transparency and col- sage. the free flow of information have not laboration between civil society and The VOICE Act supports freedom of focused on the media alone. Blogs and the press, freedom of speech, and free- the government, something we should social networking sites have been tar- all congratulate. The bill will head to dom of expression in Iran, and author- geted as well, including popular izes funding for the Broadcasting Board Parliament for final review when it re- websites such Facebook and Twitter. convenes next week. It is my strong of Governors to expand transmission Short message service in Iran has been capability and programming on Radio hope that Parliament review the law blocked—preventing text messaging and pass it without delay, ensuring all Farda and the Persian News Network. and jamming internet sites that utilize It supports the development of tech- protections remain intact. This bill such services—and cell phone service nology to counter ongoing Internet provides real criminal sanctions for vi- has been partially shut-down. These re- censorship, and promotes online U.S.- olence against women, and puts spe- strictions have prevented the free flow Iranian educational and cultural ex- cific responsibilities onto the shoulders of information, and precluded Iranian changes. of government ministries. When we Passage of the VOICE Act is espe- citizens from accessing unimpeded think of the abuse and repression exer- cially timely given the suppression of means of communication. cised against women during the free flowing information in and out of Iran did not develop this sophisti- regime, it is hard not to feel Iran since the June 12 presidential elec- cated Internet-censorship technology encouraged by the very existence of tion. on its own. In fact, reports indicate this act, let alone its prospect for en- While the people of Iran enthusiasti- that numerous companies including actment. cally participated in these elections, it some with U.S. subsidiaries—have pro- Many, quite plausibly, will say that is painfully clear that the long road to vided Iran with the software and tech- this law cannot be fully implemented democracy does not end there. A true nological expertise to block the Inter- anywhere in Afghanistan, as access to democracy values fundamental free- net, and monitor online use to gather justice for women in the courts and in doms, such as freedom of expression, information about individuals. traditional councils is all too often out which is protected under the Inter- Unfortunately, little is known about of reach, and because of the societal national Covenant on Civil and Polit- the specifics surrounding these sales, discrimination that women still suffer. ical Rights. which likely including ‘‘deep packet in- Justice must be accessible to women in In fact, in 1976, Iran was one of the spection’’ technology, which, among Afghanistan on an equal basis to men, first countries to ratify—and it is still other things, allows the government to or Afghanistan will never tap into the a party to—this U.N. treaty, which also read, block, and censor the Internet. In true, vast potential of the women of protects the right to hold opinions addition to giving it the capability to that country. This law is a giant step without interference, and affirms the spread disinformation by modifying, for the entire country in rejecting vio- right to receive and impart informa- tampering with, and diverting emails. lence against women, but now the Par- tion in writing, print, or through any This behavior is unconscionable, and liament must take the final step to other media. unfortunately not enough is known pass the law as it is, with all protec- Unfortunately, these international about the sale of Internet-restricting tions intact. obligations have not been upheld in technology to countries including, but I must also mention the controver- Iran, where the Internet and text-mes- not limited to, Iran. That is why the sial Shia Personal Status Law that was saging services are monitored and VOICE Act requires a report to Con- also signed by Executive decree. It was blocked, and U.S.-funded television and gress examining the sale of technology drafted without transparency, and radio broadcasting is increasingly that has furthered Iran’s ability to fil- aimed to codify degrading practices jammed. News reporting has been ter and monitor the Internet, as well as that exist in some households and com- censored, access for journalists has disrupt cell phone and Internet use. munities. Unlike the Elimination of been restricted, and specific media out- Our bill supports the Iranian people Violence Against Women Act, civil so- lets have been targeted and shutdown. as they take steps to peacefully express ciety was not included during the Foreign journalists have had their their opinions and aspirations, and drafting and debate of the law in Par- press credentials cancelled and equip- seek access to means of communica- liament. While women’s civil organiza- ment confiscated. tion and news. It expresses respect for tions were able to force some amend- They have been confined to their ho- the sovereignty, proud history, and ments to the bill just before the presi- tels and told their visas would not be rich culture of the Iranian people, and dent’s signature, they were not able to

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