H2666 CONGRESSIONAL RECORD — HOUSE May 6, 2004 This is a permission slip. This is Why do I take the time to say this? There was no objection. what has been agreed to. I heard what Because I feel very strongly about this. The SPEAKER pro tempore. The the chairman said, that, oh, if we insist I have given 25 years of my service in question is on the motion to instruct on protecting our interests, then other this body to security in aviation and to offered by the gentleman from Cali- governments will insist on inspecting maritime security, to on-land security. fornia (Mr. FILNER). security plans of the United States. A good part of my career has been on The question was taken, and the We have only 37 American-flagged aviation safety and aviation security, Speaker pro tempore announced that vessels in international commerce. and I do not think that we should do the ayes appeared to have it. They do not call on ports at Malta and anything less than the best. Mr. FILNER. Mr. Speaker, I object to Liberia. That is not the issue. The So, yes, we had that language in our the vote on the ground that a quorum issue is whether we, the biggest trading bill. I think we need to have this vote is not present, and make the point of Nation in the world, 11 million con- here on that language to reinforce the order that a quorum is not present. tainers coming into the United States position of the conferees when we go to The SPEAKER pro tempore. Pursu- every year, will have the ability to see the other body because their language ant to clause 8 of rule XX, further pro- whether those ships were loaded in ac- simply embraces the international con- ceedings on this question will be post- cordance with the security plan that vention. We have to tell them, wait a poned. meets our standards and will protect minute, that is not good enough. That The point of no quorum is considered our security, and that there is not any- does not do a good enough job. If you withdrawn. thing going on those ships that does are serious about protecting our ports f and protecting the homeland of the not belong on those ships, like bombs, PROVIDING FOR CONSIDERATION nuclear devices, weapons of mass bio- United States, with 11 million con- tainers coming in, 8,000 vessels calling OF H. RES. 627, DEPLORING logical destruction. ABUSE OF PERSONS IN UNITED We do this already with aviation. at our ports every year, let us get seri- STATES CUSTODY IN IRAQ Why can we not do it for maritime? ous about it and make sure we provide Time and again, we have heard our big- the Coast Guard with the personnel Mr. HASTINGS of Washington. Mr. gest threat, the biggest unknown is and financial resources to carry out Speaker, by direction of the Com- what might be in a vessel coming into this mission. mittee on Rules, I call up House Reso- a U.S. port, what could be there that It is crucially important. Either we lution 628 and ask for its immediate could destroy a city, not only on the are serious about port security or we consideration. coastal plain of the United States, but are not; and not being serious is swal- The Clerk read the resolution, as fol- in the interior as containers move from lowing this International Convention lows: on Safety of Life At Sea. the port to the interior of the country. H. RES. 628 Now, why have this motion to in- That is not safe. I will trust the U.S. Coast Guard. I know what the men and Resolved, That upon the adoption of this struct? The purpose is that the Senate, resolution it shall be in order to consider in excuse me, the other body, has lan- women of the Coast Guard can do. the House the resolution (H. Res. 627) deplor- guage in its version of our bill that They are serious, they are experienced, ing the abuse of persons in United States simply accepts the international con- and they will do the job of security. custody in Iraq, regardless of the cir- So let us reaffirm the position of the vention. The Senate version simply cumstances of their detention, urging the House. Let us make sure when we go to recognizes the ISPS Code, security Secretary of the Army to bring to swift jus- conference, we stand firm; that the tice any member of the Armed Forces who plans drawn up by foreign-flag states, four principal negotiators on the part has violated the Uniform Code of Military and allows the country of registry to of the House are backed up by the voice Justice, expressing the deep appreciation of do the signoff. of this body, so that we stand firm on the Nation to the courageous and honorable Well, I know from experience and this language. Let us give the Coast members of the Armed Forces who have self- having been at this for some time that lessly served, or are currently serving, in Op- Guard the authority it needs. Let us in those countries of foreign registry, eration Iraqi Freedom, and for other pur- stand up to make sure that we are pro- very frequently the security plan is poses. The resolution shall be considered as tecting our ports. Protect the House contracted out to some private entity, read for amendment. The previous question position, protect security in the home- a private entity that has been approved shall be considered as ordered on the resolu- land of the United States through the tion to final adoption without intervening by the classification societies. And as one major Achilles heel afflicting us motion or demand for a division of the ques- we know, those international ship clas- right now, and that is port security. tion except: (1) one hour of debate equally di- sification societies are not repositories Mr. LOBIONDO. Mr. Speaker, will the vided and controlled by the chairman and of great strength and great courage gentleman yield? ranking minority member of the Committee and great oversight or great concern Mr. OBERSTAR. I yield to the gen- on Armed Services; and (2) one motion to re- commit which may not contain instructions. about security. So I do not want to see tleman from New Jersey. a security plan and have us just on Mr. LOBIONDO. Mr. Speaker, we are The SPEAKER pro tempore. The gen- faith accept a security plan of another in agreement with so many points that tleman from Washington (Mr. country of registry, done by a con- the gentleman made. No Member and HASTINGS) is recognized for 1 hour. tractor, which we do not even review. no one should get the impression that Mr. HASTINGS of Washington. Mr. Furthermore, under the inter- any of us are not completely com- Speaker, for the purpose of debate national convention, which I just read, mitted to maritime anti-terrorism, to only, I yield the customary 30 minutes the Coast Guard has to get the equiva- homeland and port security. What we to my friend, the gentleman from Mas- lent of a search warrant. They have to are saying here is we believe there sachusetts (Mr. MCGOVERN), pending have probable cause. They have to find needs to be just a little bit of addi- which I yield myself such time as I something that they say, we know tional fine tuning. may consume. During consideration of there is something wrong. We have evi- But in principle, I agree. I will sup- this resolution, all time yielded is for dence that this ship has been improp- port the gentleman’s motion to in- the purpose of debate only. erly loaded and there may be ricin struct, and I thank the gentleman very (Mr. HASTINGS of Washington asked stored in one of these containers, or much. and was given permission to revise and the equivalent thereof. Mr. OBERSTAR. Mr. Speaker, re- extend his remarks.) Why do we have to do that? That is claiming my time, I thank the gen- Mr. HASTINGS of Washington. Mr. nonsense. Are we going to protect tleman. We will stand firm in con- Speaker, House Resolution 628 is a America, are we going to protect our ference. closed rule providing for the consider- shores, are we going to protect our Mr. FILNER. Mr. Speaker, I yield ation of House Resolution 627, deplor- ports, or are we just simply going to back the balance of my time. ing the abuse of persons in United leave it to the good will and good of- The SPEAKER pro tempore (Mr. States custody in Iraq, regardless of fices of other countries? We do not do FOSSELLA). Without objection, the pre- the circumstances of their detention, that in aviation, and we ought not to vious question is ordered on the mo- urging the Secretary of the Army to be doing it for port security. tion. bring to swift justice to any member of

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.026 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2667 the Armed Forces who has violated the b 1130 would not apply to many of our ac- Uniform Code of Military Justice, and We are here to condemn such acts. tions, especially those concerning de- expressing the deep appreciation of the But we are also here to do much tainees. Nation to the courageous and honor- more. We need to make clear that this I believe the conditions that led to able members of the Armed Forces who Congress not only condemns these ac- abuse were created at the very top have selflessly served, or are currently tions, but demands a full investigation when independent monitors were de- serving, in Operation Iraqi Freedom, and accountability for those who per- nied access to prisons and detention fa- and for other purposes. petrated these acts, those who ordered cilities. Mr. Speaker, the rule provides for 1 these acts, those who turned a blind I believe the conditions that led to hour of debate in the House, equally di- eye to these acts, and those in the abuse were created at the very top vided and controlled by the chairman chain of command who failed to act when decisions were made to assign and ranking minority member of the upon repeated warnings and reports of troops, many of whom were inexperi- enced in prisoner treatment and the Committee on Armed Services. The abuse of Iraqi detainees. rule provides one motion to recommit, Mr. Speaker, I firmly believe that the rights of prisoners, rather than to which may not contain instructions. overwhelming majority of our uni- troops who have been trained for such Mr. Speaker, Members of this House, formed men and women currently on duty. I believe the conditions that led to and indeed millions of concerned Amer- active duty in Iraq, Afghanistan and abuse were created at the very top icans, have been appalled by reports elsewhere carry out their duties in an when information and reports were that Iraqi prisoners have been severely exemplary manner. They have rep- withheld from the relevant intel- mistreated by their U.S. captors. Presi- resented the United States in perilous ligence, defense, and foreign policy dent Bush has rightly pledged to en- times with great distinction and great Congressional committees regarding sure that those responsible for this honor. And it is critical that Congress abuse are brought to justice, and that these abuses. not blindly accept the scapegoating of Mr. Speaker, I also believe that this process is already under way. a few enlisted men and women when Congress needs to take a hard and seri- Mr. Speaker, in a society like ours there is a much more serious, trou- ous look at the use of private contrac- that prides itself on its commitment to bling, high-ranking, and systemic prob- tors engaged in interrogation of pris- civil and human rights, there is no lem that needs our most serious atten- oners and ensure that their role in place for the sorts of atrocities de- tion. these abuses is fully investigated and picted in recent days in newspaper and In December last year, Human Rights punished. television accounts from Iraq. Watch issued a searing report on inhu- But even more importantly, I believe Thankfully, it appears that the re- mane conditions and abuses of detain- the President of the United States ported abuses have been the exception, ees under U.S. authority in Afghani- must act. The President must dem- rather than the rule, during this con- stan. onstrate exactly how serious the flict. But that does nothing to excuse We now know from the media that United States is about changing the those who carried out or permitted the the International Committee for the conditions that led to these abuses. acts in question to take place. They Red Cross has also been urging U.S. The President prides himself on being must be punished swiftly and surely. military authorities to make substan- a plain-spoken, straight-shooting man At the same time, Mr. Speaker, we tial changes on how detainees are of action. This moment desperately must not permit the outrageous acts of treated at prison facilities throughout calls for some plain speaking and ac- a relative few to stain the service of Iraq. countability. Anonymous leaks to the more than 100,000 of our brave Amer- Mr. Speaker, this is a grave and seri- news media about the President of the ican men and women who are risking ous crisis, and I do not use the word United States ‘‘privately chiding’’ the their lives every day in the cause of ‘‘crisis’’ lightly. It is a crisis for our re- Secretary of Defense simply will not freedom. They are doing what is right, lations with the people of Iraq. It is a do. and they are doing it the right way. crisis for our relations with our allies. Mr. Speaker, Donald Rumsfeld needs Their services make us all proud to be It is a crisis for our intentions to cre- to resign as Secretary of Defense, and Americans. ate a stable and more democratic Mid- if he does not do so, President Bush Therefore, in addition to strongly dle East. It is a crisis for our Armed should fire him. No other action, no condemning the acts of abuse by U.S. Forces, whose honor has been stained other words would send as strong a sig- personnel against Iraqi prisoners, by these revelations. It is a crisis for nal to the world that the United States House Resolution 627 also pays tribute our Nation whose honor, intentions, is serious about fixing what is wrong in to the selfless service of our men and reputation, and moral authority are Iraq. women in uniform. now suspect throughout the world. It is Mr. Speaker, I regret that this reso- Mr. Speaker, the President has spo- a crisis for the safety of our troops in lution required a rule for debate. I re- ken loudly and clearly on this subject, the field and the safety of our home- gret that unanimous consent could not and it is imperative that we in the land. be obtained. But I firmly believe that House do the same. Accordingly, I ask Mr. Speaker, I fear for every Amer- this resolution needs to assert the my colleagues to support both the rule ican, military and civilian, who is now oversight responsibilities, our own ac- and House Resolution 627. held captive in Iraq. For how can we countability, and investigate these Mr. Speaker, I reserve the balance of demand standards for the humane abuses and the systems that created a my time. treatment of our own citizens when it climate of abuse. We cannot call for ac- Mr. MCGOVERN. Mr. Speaker, I yield appears to many that we have turned countability by others and then shirk myself such time as I may consume. our backs on those very standards and our own responsibilities. I firmly be- (Mr. MCGOVERN asked and was international law in our treatment of lieve that we must investigate the given permission to revise and extend foreign detainees? roles of both our uniformed personnel his remarks.) Mr. Speaker, Congress needs to carry and private contractors in these Mr. MCGOVERN. Mr. Speaker, I out its own thorough investigation, not abuses, and I would have hoped that thank the gentleman from Washington just about what happened at one iso- the majority would believe the same. for yielding me the customary 30 min- lated prison in Iraq, but in the break- Mr. Speaker, at the conclusion of utes. down in chain of command and the con- this debate, I will move the previous Mr. Speaker, we are here this morn- text within the Armed Forces that cre- question. If defeated, I will offer an ing to carry out a very grave duty. We ated such a climate for these crimes to amendment to the rule allowing for the are here to express the horror felt by take place. consideration of an amendment to be the American people upon seeing the I believe the conditions that led to offered by the gentleman from Mis- graphic images and learning of the tor- abuse were created at the very top souri (Mr. SKELTON), the ranking mem- ture, abuse, brutalization, and humilia- when our Secretary of Defense an- ber of the House Committee on Armed tion of Iraqi detainees at the Abu nounced early in the war against ter- Services, affirming the need for a bi- Ghraib prison. rorism that the Geneva Conventions partisan congressional investigation to

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.029 H06PT1 H2668 CONGRESSIONAL RECORD — HOUSE May 6, 2004 be conducted immediately into these ple that are now being investigated and accepted the necessary sacrifices in the allegations of abuse, including those by that we see so widespread, and are not war on terrorism with a heavy, but a civilian contractor personnel and into the kind of people that would abuse resolute heart in places like Afghani- systemic chain of command and other people in the circumstances that the stan and Iraq. systemic deficiencies that contributed detainees found themselves. However, it is impossible to accept to such abuse. It is unfortunate that this matter the apparently isolated, but nonethe- I hope that my colleagues on both does not come to the floor under unani- less totally deplorable instances of bla- sides of the aisle will join me in this ef- mous consent. It does have, as I point- tant prisoner mistreatment that have fort to affirm the need for the Congress ed out this morning, one or two flaws surfaced in the past week. These ac- to carry out its constitutional duties of that could easily have been corrected tions, particularly when contrasted oversight. had the majority determined that it with the courageous and honorable de- Mr. Speaker, I reserve the balance of was proper to do so. cisions made day in and day out by the my time. One of those flaws allows itself to vast majority of our American soldiers Mr. HASTINGS of Washington. Mr. come forward in one paragraph which in difficult circumstances, must be Speaker, I am pleased to yield 3 min- reads, ‘‘Whereas the Congress was not strongly condemned. utes to the gentlewoman from North fully informed of the existence,’’ and The charges of abuse will be exam- Carolina (Mrs. MYRICK). that is true, ‘‘or the seriousness.’’ But ined fully and immediate corrective Mrs. MYRICK. Mr. Speaker, I thank it does not say what I think it should measures taken to prevent against my colleague, the gentleman from say, and that is that we decried the their reoccurrence. That is assured. No Washington (Mr. HASTINGS) for yield- fact that for too long, this was in the equivocation can be tolerated. Wrong is ing me this time. I rise today in strong hands of military higher-ups who did wrong. The international community support of both the rule and the under- not deem the oversight responsibilities will be watching America’s actions lying resolution. of Congress important enough for them closely, and now is the time to dem- I believe most Americans, as I was, to bring the matter forward. onstrate anew that the American sol- were extremely upset by the images Additionally, this is a resolution dier respects the rules of engagement they saw on television of prisoner about horrors that took place inside a and always values justice and humane abuse in Iraq, and the horrific actions prison. This is not a proper place, in treatment of detainees and prisoners. just defy everything that America my judgment, for us to be bragging We all abhor the slaughter and maim- stands for and Americans stand for: about anything concerning the condi- ing and carnage of innocent victims, goodness, decency, fairness, compas- tions being better after the removal of which, of course, is the terrorists’ hall- sion. Saddam Hussein. mark. The perpetrators of these dastardly Additionally, it is that these abuses, Mr. Speaker, I rise today because our deeds must be swiftly brought to jus- as offensive as they are, need to be put military has worked too hard and ac- tice and severely punished for their ac- in perspective with regard to the ongo- complished too much to be stained by tions. ing military effort. the actions of a few. By acknowledging America and our allies liberated Iraq I would urge everybody to take a that this is a tremendously hurtful from a despot. Mr. Speaker, our sol- deep breath and to realize that no anomaly in an otherwise impressive ef- diers are very sincerely over there American, Republican or Democrat, fort, I hope that justice may be swiftly helping to restore basic services to Iraq would allow for this kind of conduct, served and the trust in America re- and make life for the Iraqi people much and no one from the President on down stored. better, and they are doing it at serious does not feel sorry that this occurred, The House Permanent Select Com- risk to their own lives. A few sick peo- and all of us should be in a position to mittee on Intelligence routinely and ple in the military have set back our do as the general who now is in charge regularly oversees interrogation activ- efforts for peace in the Mideast and of this prison did, and that is, apologize ity for intelligence purposes, and we around the world for who knows how not only to the detainees that this oc- are giving comprehensive attention, of long. They have destroyed all of the curred to, but to the others who likely course, to these newly-discovered abu- good relationships our soldiers and oth- feel that America has lost its moral au- sive treatment cases. In fact, as we ers have established in Iraq. And the thority. speak, our committee is receiving majority of our service men and women America will never lose its moral au- briefings upstairs and asking some are very good, decent, patriotic Ameri- thority, because in this body and in the very tough questions, and I will return cans, very honorable. White House and in the Secretary of to that meeting forthwith. So we must not allow these actions Defense’s office, and in the Secretary The conduct of appropriate and pro- by a few to overshadow the goodness of of the Army’s office, justice will come fessional interrogation is extremely the majority of Americans or of our to those who took advantage of others important to the successful prosecu- soldiers, or the effort to win the war on in circumstances that were not proper. tion of the war on terrorism and the terror. We cannot close the book on Mr. HASTINGS of Washington. Mr. protection of our troops and citizens at terror until we close this chapter on Speaker, I am pleased to yield 3 min- home and abroad. Iraq. utes to the gentleman from Florida b 1145 Mr. MCGOVERN. Mr. Speaker, I yield (Mr. GOSS), the distinguished chairman 3 minutes to the gentleman from Flor- of the Permanent Select Committee on Terrorism is a bad thing, and interro- ida (Mr. HASTINGS), a member of the Intelligence in the House. gation on a proper level of a terrorist is Committee on Rules and the Perma- (Mr. GOSS asked and was given per- an important tool for us to preempt nent Select Committee on Intelligence. mission to revise and extend his re- the mischief that they can cause us. Mr. HASTINGS of Florida. Mr. marks.) This rule brings forward a clear reso- Speaker, I thank my colleague and my Mr. GOSS. Mr. Speaker, I thank my lution that supports the views I good friend, the gentleman from Mas- colleague and friend, the gentleman espouse and that other Members have sachusetts (Mr. MCGOVERN) for yield- from Washington (Mr. HASTINGS) for espoused articulately. I urge passage ing me this time. This morning he and yielding me this time. for this rule and for this resolution. I and the other members of the Com- Mr. Speaker, we have always known Mr. MCGOVERN. Mr. Speaker, I yield mittee on Rules who are here met at 7 that the war on terrorism was going to 2 minutes to the gentlewoman from o’clock a.m. to discuss this resolution. be lengthy and difficult. President California (Ms. LEE). Now, the simple fact of the matter is, Bush told us that from the very begin- Ms. LEE. Mr. Speaker, I thank the it is important for us to recognize that ning. gentleman from Massachusetts (Mr. the American military has no peers. It Americans everywhere have girded MCGOVERN) for yielding me time. is also important for us to recognize up for a sustained conflict across the Mr. Speaker, I rise in strong opposi- that most of the men and women, the globe, around the world. We have great tion to this rule. This resolution con- great majority of the men and women and justifiable pride in our troops and demns abuse, but presents glaring and in the military are not the kind of peo- all they have accomplished. We have unacceptable omissions. The boiler

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.030 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2669 plate language offers no apology, does fidence in the hearts and minds of remaining. The gentleman from Massa- nothing to ease the international ten- those we want to help. Unlike 20 years chusetts (Mr. MCGOVERN) has 17 min- sions, and calls on the Department of of unavenged, unstoppable evil at the utes remaining. Defense, quite frankly, to investigate hands of Saddam Hussein, this abuse Mr. HASTINGS of Washington. Mr. itself. will not be tolerated. It will not be Speaker, I reserve the balance of my The resolution is insufficient on all brushed over. It will not be excused. time. three grounds. We need a full-scale bi- I join my colleagues in the U.S. Mr. MCGOVERN. Mr. Speaker, I yield partisan congressional investigation House of Representatives and condemn 3 minutes to the gentleman from Wis- into these charges and their dev- these acts and support immediate, me- consin (Mr. OBEY). astating international consequences ticulous investigations into the abuse Mr. OBEY. Mr. Speaker, this resolu- and also the role of private contractors reports, full disclosure of abuses com- tion will be minimally useful at best. in this war. I hope that these horrible mitted, and justice served to those men I intend to vote for it. But it falls far human rights abuses are not just the and women responsible. short of what this House ought to be tip of an iceberg. Every day the men and women of our doing today. Tens of thousands of American Armed Forces are putting their lives Lou Dobbs two days ago on CNN I troops are serving with great courage. on the line because they believe in think said it best when he said that the These outrages do not typify their be- their mission and they are devoted to reason the Commander in Chief needed havior; but they do, they do endanger their duty. They also have been hurt by to make a public apology for what hap- their lives. As for those accused and these senseless, shameful acts. We can- pened in the prisons in Iraq was not others, I quite frankly worry about our not falter in our support for thousands just because that conduct was offensive young men and women in uniform who of troops who now more than ever re- to the Arab world but because it was are being dehumanized. quire reenforcement, support and pray- offensive to basic American values. These young men and women are ers from their government, their And I think Mr. Dobbs had it dead being dehumanized. They are being de- friends, and their families at home. right. humanized by the policies of the Bush I would ask the American people, Later on in that same program, An- administration and a war that allows Iraqis who have tasted liberty, and thony Cordesman, a well-known de- them to cross this threshold. freedom-loving people across the world fense expert, made the observation Finally, Mr. Speaker, this resolution to renounce the reprehensible deeds of that the worst thing about this from presents really a very false portrait of a few and look forward. I ask them to the standpoint of American troops is Iraq, one that is safe and secure and renew their support in the brave efforts that because the pictures associated prosperous. I urge Members to vote to free Iraq and our efforts in the war with these violations of human rights against this rule. This really is not on terrorism, and for the men and will have inflamed the Arab world, that about a handful of photographs. It is women of our Armed Forces who sac- unfortunately it is likely that addi- about the failures of leadership at the rifice daily in defense of honor, justice, tional Americans will die because of very highest levels. and democracy. that. And unfortunately, he also had it Mr. HASTINGS of Washington. Mr. Mr. Speaker, I urge my colleagues to dead on. Speaker, I yield 3 minutes to the gen- support this rule and the very impor- This resolution needs to be amended, tlewoman from Ohio (Ms. PRYCE), the tant legislation it enforces. and there will be an effort to do that, distinguished Republican Conference Mr. MCGOVERN. Mr. Speaker, I yield to amend it to affirm that we need a bi- chairman. 11⁄2 minutes to the gentleman from partisan congressional investigation to Ms. PRYCE of Ohio. Mr. Speaker, I Washington (Mr. INSLEE). conduct an investigation into these al- thank the gentleman for yielding me (Mr. INSLEE asked and was given legations of abuse, including those by time. permission to revise and extend his re- U.S. civilian contractors and other ci- Mr. Speaker, I rise today in support marks.) vilians, and an investigation into the of this rule and the underlying legisla- Mr. INSLEE. Mr. Speaker, this out- chain of command and other systemic tion. I rise in sadness and regret. The rage cuts to the bone, not just because deficiencies including the command at- behavior of the soldiers charged with it damages our international relations, mosphere that may have contributed misconduct and abuses of prisoners in but because it damages basic tenets of to such abuse. That is the minimum Iraq, to use the President’s word, is ab- American values. And when you have that is necessary. horrent. such a deep wound, self-inflicted, you Now, months ago I called for the res- The Iraqi people are beginning new cannot have half measures. And this ignation of the Secretary of Defense lives of liberty and freedom. They are resolution is weak tea when we need because I think the conduct of the ci- just beginning to shake off the dread of strong medicine; and it is inadequate, vilian leadership of the Defense De- years of torture and abuse. They are and this rule should be defeated for partment in conducting the affairs in only just beginning to sleep soundly, that reason. Iraq after the war was spectacularly in- without fear of midnight kidnappings. Where in this resolution is there a competent. So I do not need to go into They are only just beginning to express call for the obvious need for an inves- that today. their views on politics and social tigation of the private contractors who Mr. Speaker, the following is an arti- issues. Our whole country is appalled are making hundreds of thousands of cle from a Washington Post editorial and disgusted by the reports of this in- dollars, who are involved in this out- on Mr. Rumsfeld’s performance on this sane abuse. rage, who are outside the chain of com- issue. I send my deepest sympathy and re- mand, who are not subject to military [From the Washington Post, May 6, 2004] gret to these Iraqis who, in such a ten- justice? Why will the Republican Party MR. RUMSFELD’S RESPONSIBILITY der moment, are forced to see scenes of not join us in investigating those pri- abuse that I can only imagine bring to vate contractors and putting this in The Horrific abuses by American interro- gators and guards at the Abu Ghraib prison the surface old fears, old nightmares, this resolution? Why is there nothing and at other facilities maintained by the and old wounds. in this resolution about the need for an U.S. military in Iraq and Afghanistan can be The actions of a few are sure to have international opening up of our system traced, in part, to policy decisions and public long-term implications of mistrust in so that we can regain credibility? Why statements of Secretary of Defense Donald the Middle East. Our message is clear: is there not in this resolution an ac- H. Rumsfeld. Beginning more than two years we are devastated. We went into Iraq counting for the Iraqi people of who is ago, Mr. Rumsfeld decided to overturn dec- because Americans reject evil and em- in there? And lastly, where is the res- ades of previous practice by the U.S. mili- brace liberty. The heart of American ignation for Donald Rumsfeld? tary in its handling of detainees in foreign values is founded in respect for one an- countries. His Pentagon ruled that the Mr. HASTINGS of Washington. Mr. United States would no longer be bound by other, in fairness and a love for free- Speaker, how much time remains? the Geneva Conventions; that Army regula- dom. The SPEAKER pro tempore (Mr. tions on the interrogation of prisoners would Today we should ask ourselves what LAHOOD). The gentleman from Wash- not be observed; and that many detainees can we do to rebuild the trust and con- ington (Mr. HASTINGS) has 19 minutes would be held incommunicado and without

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.033 H06PT1 H2670 CONGRESSIONAL RECORD — HOUSE May 6, 2004 any independent mechanism of review. by medical officials; only when the New with the responsibilities of congres- Abuses will take place in any prison system. York Times obtained the story did the Pen- sional oversight. When our Republican But Mr. Rumsfeld’s decisions helped create a tagon confirm that an investigation was un- colleagues do not permit us to do our lawless regime in which prisoners in both derway, and no results have yet been an- job, it does not help them politically. Iraq and Afghanistan have been humiliated, nounced. Not until other media obtained the beaten, tortured and murdered—and in which photos from Abu Ghraib did Mr. Rumsfeld What happens is that this is forcing us until recently, no one has been held account- fully acknowledge what had happened, and to rely on reporters from the New able. not until Tuesday did his department dis- Yorker & from CNN. The avalanche of The lawlessness began in January 2002 close that 25 prisoners have died in U.S. cus- reports now coming out show the De- when Mr. Rumsfeld publicly declared that tody in Iraq and Afghanistan. Accountability partment of Defense knew about this, hundreds of people detained by U.S. and al- for those deaths has been virtually non- even if the top brass had not bothered lied forces in Afghanistan ‘‘do not have any existent: One soldier was punished with a to read the reports. This should have rights’’ under the Geneva Conventions. That dishonorable discharge. was not the case: At a minimum, all those On Monday Mr. Rumsfeld’s spokesman said been shared with members of Congress, arrested in the war zone were entitled under that the secretary had not read Mr. Taguba’s and we should have been helping them the conventions to a formal hearing to deter- report, which was completed in early March. do their job. mine whether they were prisoners of war or Yesterday Mr. Rumsfeld told a television It is not just the brave men and unlawful combatants. No such hearings were interviewer that he still hadn’t finished women on the front lines in Iraq who held, but then Mr. Rumsfeld made clear that reading it, and he repeated his view that the are being shortchanged by failures of U.S. observance of the convention was now Geneva Conventions ‘‘did not precisely optional. Prisoners, he said, would be treated Congress & the Administration. We are apply’’ but were only ‘‘basic rules’’ for han- shortchanging the American public, ‘‘for the most part;’’ in ‘‘a manner that is dling prisoners. His message remains the reasonably consistent’’ with the conven- same: that the United States need not be wasting their Treasury, putting Ameri- tions—which the secretary breezily sug- bound by international law and that the cans at risk, and undermining their gested, was outdated. crimes Mr. Taguba reported are not, for him, confidence in their government doing In one important respect, Mr. Rumsfeld a priority. That attitude has undermined the its job and giving them straight an- was correct: Not only could captured al American military’s observance of basic swers. Qaeda members be legitimately deprived of human rights and damaged this country’s I strongly urge the rejection of this Geneva Convention guarantees (once the re- ability to prevail in the war on terrorism. quired hearing was held) but such treatment rule and that this morning we start was in many cases necessary to obtain vital Mr. Speaker, I would just make this doing our job as Members of Congress intelligence and prevent terrorists from observation. The Congress has only two to give the American public the infor- communicating with confederates abroad. real abilities to effect events. The first mation they deserve. But if the United States was to resort to is to use the power of the purse, and Mr. MCGOVERN. Mr. Speaker, I yield that exceptional practice. Mr. Rumsfeld preliminary to doing that, to ask the 1 minute to the gentleman from Michi- should have established procedures to ensure right questions about what the intent gan (Mr. LEVIN). that it did so without violating international of our government is before we get into (Mr. LEVIN asked and was given per- conventions against torture and that only suspects who truly needed such extraor- something like Iraq. The Congress, un- mission to revise and extend his re- dinary handling were treated that way. Out- fortunately, settled for spongy answers marks.) side controls or independent review could beforehand. Mr. LEVIN. Mr. Speaker, this resolu- have provided such safeguards. Instead, Mr. But the second power that Congress tion is written as if the administra- Rumsfeld allowed detainees to be indiscrimi- has is the power of investigation. At tion’s war in Iraq was right from the nately designated as beyond the law—and least after the fact, this Congress beginning and now is basically going made humane treatment dependent on the ought to investigate from top to bot- well, and neither is correct. goodwill of U.S. personnel. tom what contributed to this out- Much of what has happened at the U.S. de- It is written as if support of the tention center in Guantanamo Bay is rageous chain of events that has been troops is an issue. It is not. We fully shrouded in secrecy. But according to an of- such a disgrace to our ability to stand support our troops. ficial Army report, a system was established up for basic American values. At least What is at issue is the appropriate re- at the camp under which military guards if we do that, we can try to ensure that sponse of this House to the horrendous were expected to ‘‘set the conditions’’ for in- something like this never happens conduct illustrated in the graphic pic- telligence investigations. The report by Maj. again in the name of the United States tures of prisoner abuse. Gen. Antonio M. Taguba says the system was of America. What is in issue is the appropriate re- later introduced at military facilities at Mr. MCGOVERN. Mr. Speaker, I yield Bagram airbase in Afghanistan and the Abu sponse of this House to the American Ghraib prison in Iraq, even though it vio- 2 minutes to the gentleman from Or- people and to this House hearing the lates Army regulations forbidding guards to egon (Mr. BLUMENAUER). truth on TV while it was sitting undis- participate in interrogations. Mr. BLUMENAUER. Mr. Speaker, I closed on the desk of high administra- The Taguba report and others by human appreciate the gentleman yielding me tion officials. right groups reveal that the detention sys- time. The proper response for this House is tem Mr. Rumsfeld oversees has become so Mr. Speaker, it is sad that the resolu- not just to pass resolutions but to be grossly distorted that military police have tion before U.S. today is as close as we an active force in facing up to what is abused or tortured prisoners under the direc- can get to having a full and open de- tion of civilian contractors and intelligence happening in Iraq and its consequences officers outside the military chain of com- bate on the tragedy that continues to for our Nation and the world. unfold in Iraq. mand—not in ‘‘exceptional’’ cases, as Mr. b 1200 Rumsfeld said Tuesday, but systematically. Yes, this is about failure of leader- Army guards have held ‘‘ghost’’ prisoners de- ship in the Department of Defense from When it comes to events in Iraq, the tained by the CIA and even hidden these Secretary Rumsfeld and the team that majority in this House can no longer prisoners from the International Red Cross. was unable, after winning the war, to simply rubber stamp all of the actions Meanwhile, Mr. Rumsfeld’s contempt for the win the peace, a Department that can- of this administration or pass the buck Geneva Conventions has trickled down: The not communicate with its own Depart- to it or the Senate. Taguba report says that guards at Abu ment of State, let alone the Congress. Turn down this rule so we can add an Ghraib had not been instructed on them and that no copies were posted in the facility. But it is about more than the failure of amendment requiring this House to The abuses that have done so much harm the administration and the Depart- step up to its responsibilities. to the U.S. mission in Iraq might have been ment of Defense. Mr. HASTINGS of Washington. Mr. prevented had Mr. Rumsfeld been responsive What we should be debating today is Speaker, I am pleased to yield 4 min- to earlier reports of violations. Instead, the the failure of Congress. We should be utes to the gentleman from California publicly dismissed or minimized such ac- having hearings dealing with these (Mr. CUNNINGHAM). counts. He and his staff ignored detained re- issues on armed services, international Mr. CUNNINGHAM. Mr. Speaker, all ports by respected human rights groups of us on both sides of the aisle come to about criminal activity at U.S.-run prisons relations, appropriations, government in Afghanistan, and they refused to provide operations. the well and to discuss the different access to facilities or respond to most ques- Mr. Speaker, my Republican col- events on this resolution. tions. In December 2002, two Afghan detain- leagues do themselves no favor rushing First of all, I am very, very proud of ees died in events that were ruled homicides this to the floor and refusing to deal the men and women that serve in our

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.005 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2671 armed services, and I served with in on the United States of America, that We also need to make sure, and iron- Vietnam and all the conflicts up to we sit down and we take care of this, ically, as I waited to speak, I received that point, but time has witnessed a but let us not forget the people that a message from Daniel Metzdorf, an sine wave of activities. serve us are the best of the best, and 82nd Airborne trooper who lost a leg In business we had Enron. We have yes, there are Enrons, there are Catho- fighting for the freedom that we all had a Member of this body sexually lic churches, there are others, but the want for Iraq, got a message, wanted to abuse a page. We have had a Nixon majority of our people are very good know how I am doing. He is the one break-in and impeachment of a Presi- people. that lost a leg. dent. Harassment in our military acad- Mr. MCGOVERN. Mr. Speaker, I yield We cannot lose the focus today, as we emies and we look at the scandal in the 1 minute to the gentlewoman from Or- speak out against this contemptible be- Catholic church, but Mr. Speaker, egon (Ms. HOOLEY). havior that 99.9 percent plus are won- there are good people in Enron, there Ms. HOOLEY of Oregon. Mr. Speaker, derful men and women in uniform who are good Members of Congress. The I rise today to condemn the alleged are seeking to bring freedom to Iraq, to harassment in our military academies, abuse of prisoners in Iraq. We must give them the opportunity to express most of those men and women serve take every step possible to investigate their opinion. Yes, the rest of the honorably, and the same thing in the the shocking allegations, punish any world, we have made a mistake here Catholic church, but good people is not perpetrators, re-examine our entire and we all agree but we will not accept the question here. system of interrogation and confine- it. The question is what happened in our ment to prevent such occurrence from Whatever steps are necessary to fol- interrogation facility, and I sit and I happening in the future. low up our condemnation today of questioned myself, what are the key I have called on Attorney General these despicable acts, we will, as Re- reasons why everybody is so upset? Ashcroft to begin an investigation of publican, Democrats, in a bipartisan What factors bother us? One thing, abuses committed by private military manner, we will get to the bottom of leadership at the point of infraction, contractors in Iraq. I circulated this it. The perpetrators will be punished. and secondly, the timeliness. Let me letter to all of my colleagues for re- We will see that it does not happen give my colleagues a good example. view. A hundred Democrats have again. Justice will be served. Freedom I had an admiral that brought us, his signed on so far. I hope all my col- will be protected. commanding officers, together, and leagues will join me in this effort. We are here to do the right thing. In the year 2000, Congress passed the said if I have a single commanding offi- That is what America is about, but Military Extra Territorial Jurisdiction cer that gets busted with a DUI or please do not lose sight of what is Act, which allows the Justice Depart- DWI, I am going to fire you, and not a being done for us, for Iraq, the rest of ment to investigate and prosecute single CO received a DUI or DWI. If the world by these men and women in criminal action by contractors abroad they went to a party, they had a des- uniform who are seeking to provide that are in the employ of the United ignated driver. Prior to that, many of freedom and justice for all the world. States Government. This Congress the commanding officers got picked up Mr. Speaker, again I thank the gen- granted the Attorney General this au- for a DUI or DWI. tleman from Washington (Mr. I would bet, Mr. Speaker, that no one thority for this exact case. Attorney General Ashcroft has the HASTINGS) for the time. at that prison sat those kids down and Mr. MCGOVERN. Mr. Speaker, I yield ability to investigate and prosecute said this is the expected conduct. I just any criminal abuse by private contrac- 3 minutes to the gentleman from Geor- witnessed from the services all kinds of tors. I urge him to begin his investiga- gia (Mr. LEWIS). paper, all kinds of rules, people that Mr. LEWIS of Georgia. Mr. Speaker, tion immediately. had been there to investigate, look at Mr. HASTINGS of Washington. Mr. I rise to speak against this rule. We the different things that go on, but I Speaker, I am pleased to yield 3 min- can do better. We can do much better want to tell my colleagues, not a single utes to the gentleman from North as a Nation and as a people. Mr. Speaker, I rise today with a officer sat down with those sergeants, Carolina (Mr. HAYES). with those people and said if this is Mr. HAYES. Mr. Speaker, I thank heavy heart, but my conscience is your conduct these are the con- the gentleman for yielding me the clear. I am so sick and tired of seeing sequences, like that admiral did with time. so many of our young men and our us and the DUI’s. The breakdown was We come today together as a unified young women die in Iraq. I am deeply at the point of leadership at the prison. body, 435 Members of the people’s troubled by the acts that some of our Secondly is the timeliness. I had a House, without any question about soldiers committed against the pris- squadron and I had exceptions to the condemning totally unacceptable be- oners of war in Iraq. chain of command. My friend over here havior, and I support this rule very Mr. Speaker, I say to my colleagues the gentleman from New York (Mr. strongly because it is most appropriate today, we must take a good and hard RANGEL) knows about the chain of that we come to the floor and say look at the leadership of this Nation, command. He was in the service, but as today our unanimous condemnation of the leadership of this government, the commanding officer, a person could behavior we do not accept under any leader of this government, the person walk into my office, past my chief, circumstances. who was in charge. I say to my col- past my division officer, past my exec- We need to maintain a focus that leagues today, we must hold the leader- utive officer for several things: any says to the American people and even ship, the President, the Secretary of known sexual abuse, because I had more importantly the rest of the world Defense, the Vice President, hold them women in the squadron; anything ra- that in a free society, where men and accountable for mistake after mistake cial, even verbal, because it could de- women can come to the well of the we have committed in this war, and we stroy the unit; any known drugs within House and express their opinion on any must hold them accountable for the the unit; the thing that I have rec- subject, there are many countries unjust torture of prisoners of war. ommended to the military, anything, around the world where freedom does Mr. Speaker, it is not a question of any conduct that would affect the unit, not exist, but in our free society, the who committed these unbelievable negatively, the Services or United home of the free and the land of the acts. It is not a question of who, but States of America, and I think those brave, we have the right to stand up what. What led to this flagrant dis- two things were overlooked in this and speak out when something goes regard for the humanity of our fellow case, that it did not go up the chain of wrong. human beings? Those at the highest command fast enough. There was not In the land of freedom, we have re- level of this government, the Presi- enough action taken, and that there sponsibility. People are accountable dent, the Vice President, the Secretary was a breakdown in leadership and cut- for their actions, and the perpetrators of Defense, they all have created the ting through the chain of command. of these deeds will be punished. This is climate and the environment that led The last thing I would recommend to the issue today. So now is the time to to these abuses. What happened to our military is that when they have stand up and express our joint outrage those prisoners is a reflection on our something so critical that is a blight for what has happened. soul, on our values.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.043 H06PT1 H2672 CONGRESSIONAL RECORD — HOUSE May 6, 2004 American citizens smiling as they we are in Iraq. We are there because of ing in this theater. The vast majority humiliate citizens of Iraq! There must the global war on terrorism. We are of them have served honorably and be a sense of righteous indignation in there because this is part and parcel of courageously, I would say to my col- America about what happened in those the global war on terrorism. league who just spoke who said, sure, prison cells, and there must be a sense There are 135,000 American troops we have some criminal acts, but why of righteous indignation in this Con- who are part of this very important can we not convict more people up the gress against these unspeakable acts. international coalition, and we have chain of command for those acts. Does it profit a great Nation to gain a seen tremendous success. The facts are in this country when whole world or win a war and lose a b 1215 somebody commits a criminal act, soul? they are held accountable for that act. Mr. Speaker, I have said it in the It is important for us to support this They are being held accountable. I past and I say it again today. War is resolution, but it is also very impor- want to remind my colleagues once messy. It is bloody. It tends not to just tant for us to realize that any sign of again of the numbers. The numbers are hide the truth, but to sacrifice the weakness from the United States of 300,000 Americans serving honorably in truth. Why did it take so long, so long America as we proceed with resolve in Iraq. The numbers further at this point for us to get this information? Why did dealing with these terrorists in Iraq, are that six of them have been rec- not Mr. Rumsfeld, why did not the any sign of weakness emboldens those ommended for criminal prosecution President inform the Congress? Why terrorists. That is why, yes, we are under UCMJ for these acts. going to ensure that anyone who is re- did officials at the highest levels of Once again, I saw in The Washington sponsible for this and is convicted government try to hide these criminal Post this morning that picture of that under the Uniform Code of Criminal acts against humanity? Why did they same lady undertaking a reprehensible Justice is in fact going to go to jail be- try to cover it up? act with respect to a prisoner. We have cause they are criminals. Mr. Speaker, we have made mistakes, seen thousands of pictures. The ones yes, but it is not enough to issue an At the same time, we must realize that, as the gentleman from North that I have seen at least that have apology. It is not enough to say we are come forward all have the same several Carolina (Mr. HAYES) said, there are sorry—and we should apologize. We individuals. My point is 300,000 people should say we are sorry. 135,000 courageous men and women in the U.S. Armed Forces who are seeking serving honorably, over 3,000 Purple The handwriting is on the wall, Mr. Hearts awarded, thousands of Bronze Speaker. It is time for us to close this to win this war and we need to, with this resolution that the gentleman Stars awarded, 127 Silver Stars award- very dark and sordid chapter of our ed for valor, four Distinguished Service from California (Mr. HUNTER) has put history. It is time for the Secretary of Crosses or Navy Crosses awarded for Defense to go. He must leave. together, underscore and demonstrate the solidarity and resolve of the Amer- valor in this war, and our troops in Mr. HASTINGS of Washington. Mr. contact right now. Speaker, I am pleased to yield as much ican people and the United States Con- So while we have potentially six bad time as he may consume to the gen- gress behind our men and women. apples, and I want to set the record tleman from California (Mr. DREIER), Support this rule, support this reso- straight, three have been recommended the distinguished chairman of the Com- lution, and let us move forward and to the court martial convening board mittee on Rules. make sure that we do resolve this very (Mr. DREIER asked and was given difficult situation. for court martials. It is the convening board’s decision whether or not those permission to revise and extend his re- Mr. MCGOVERN. Mr. Speaker, I yield marks.) 1 minute to the gentlewoman from Illi- court martials go forward and when. So Mr. DREIER. Mr. Speaker, I rise in nois (Ms. SCHAKOWSKY). three out of the six who have been rec- strong support of this rule. Ms. SCHAKOWSKY. Mr. Speaker, ommended for court martial under ar- Last night, I stood here in the well well, it is obvious from this resolution ticle 32 are now before the court mar- following the speech that my friend to me that the days of the ‘‘buck stops tial convening authority. That is six from Georgia gave and he has delivered here’’ are dead and gone. Oh, yes, it people. the same speech, and I want to say to takes occasion to single out those indi- Sure, investigations may show more my friend from Georgia, while address- viduals who do have blame for abusing people, but they do not show thousands ing the Speaker according to the rules in the most horrendous way our pris- of people. They do not show tens of of the House, that righteous indigna- oners. But nowhere in here does it say thousands of people, and what the tion is something that every single one that those who are in the leadership of record in Iraq does reflect is 300,000 of us, every single one of us has dem- this mission in Iraq hold any responsi- courageous Americans serving our onstrated by the support of this resolu- bility whatsoever. country. tion. We are all outraged at the photo- I looked through this carefully, and One other thing that we put in this graphs that we have seen, and we be- it seems that they want to limit it to resolution, while all of this national lieve that it is reprehensible that these a few individuals that they will go media and international media is going kinds of actions should take place. after. And by the way, not just the to the six, to the six bad apples who Dating back to 1785, the framers of right individuals. There is no mention have been identified so far, and the ca- our Constitution, Benjamin Franklin, in this of the private military contrac- reers have been ended of about seven Thomas Jefferson, Alexander Hamilton tors, individuals who for profit are in superior officers up through the chain and others, focused at that point on the those prisons that we know are under of command up to the general who is importance as we deal with conflicts of investigation, may even have been giv- the brigade commander, not because recognizing the human rights of even ing orders, companies like Titan and they knew anything about it, in fact, our adversaries, and that is why it is so CACI that were hired to be in those in some cases probably because they important for the United States of prisons that are not part of the Uni- did not know anything about it, but be- America, which is the only Nation on form Code of Military Justice. Where cause it was on their watch it hap- the face of the earth that could do this are we going to point our fingers at pened, those careers have been ended. kind of work, to step forward, and yes, them and hold them accountable? We have thousands of acts of compas- liberate the people of Iraq, send a posi- Mr. HASTINGS of Washington. Mr. sion and nation-building and govern- tive message for the cause of freedom Speaker, I yield 3 minutes to the gen- ment-building carried on by the men throughout the entire world, but at the tleman from California (Mr. HUNTER), and women who wear the uniform of same time, recognize those important the distinguished chairman of the Com- the United States. They have started rights that do date back to 1785 and the mittee on Armed Services and the au- city councils, repaired sewage lines, founding of the United States of Amer- thor of this resolution. and inoculated kids so they will not ica. Mr. HUNTER. Mr. Speaker, I think it get sick. They have done great things, We do, as my friend from North Caro- is time for us to refocus. The focus and we put that in this resolution be- lina (Mr. HAYES) stated very elo- should be on the fact that we have had cause they deserve a little attention, quently, need to realize why it is that over 300,000 Americans in uniform serv- not just the six bad apples.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.045 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2673 Mr. MCGOVERN. Mr. Speaker, I yield ual abuse. In five of the 14 images that the Brigadier General Mark Kimmitt, deputy 11⁄2 minutes to the gentleman from Sunday Herald has seen, a female soldier— director of coalition operations in Iraq, said Washington (Mr. MCDERMOTT). identified as Lynndie England, a 21-year-old he was ‘‘appalled’’. He added: ‘‘These are our from a West Virginia trailer park—is playing fellow soldiers. They were the same uniform (Mr. MCDERMOTT asked and was up to the camera while her captives are tor- as us, and they let their fellow soldiers down. given permission to revise and extend tured. In one picture, she’s smiling and giv- Our soldiers could be taken prisoner as his remarks, and include extraneous ing the thumbs-up. Her hand rests on the well—and we expect our soldiers to be treat- material.) buttocks of a naked and hooded Iraqi who ed well by the adversary, by the enemy—and Mr. MCDERMOTT. Mr. Speaker, we has been forced to sit on the shoulders of an- if we can’t hold ourselves up as an example all know what is going on out here other Iraqi prisoner. of how to treat people with dignity and re- today. We are passing a CYA resolution In another, she is sprawled laughing over a spect . . . we can’t ask that other nations do to limit the damage. The Christian pyramid of naked Iraqis. A male colleague that to our soldiers as well. This is wrong. Science Monitor carries the story of stands behind her grinning. Later, she’s got This is reprehensible. But this is not rep- a cigarette clenched between grinning lips resentative of the 150,000 soldiers over here.’’ Mr. Miklaszewski from NBC News who and is pointing at the genitals of a line of But these soldiers aren’t simply mav- asked the question of a Pentagon offi- naked, hooded Iraqis. A third snap shows her ericks. Some accused claim they acted on cial about the soldiers involved. He embracing a colleague as a naked Iraqi lies the orders of military intelligence and the said, ‘‘You mean the six morons who before them. CIA, and that some of the torture sessions lost the war?’’ In other pictures, two naked Iraqis are were under the control of mercenaries hired The decision has been made in the forced to simulate oral sex and a group of by the U.S. to conduct interrogations. Two Pentagon what they are going to do to naked men are made to clamber on to each ‘‘civilian contract’’ organizations taking other’s backs. One dreadful picture features those six, but this resolution does not part in interrogations at Abu Ghraib are nothing but the bloated face of an Iraqi who linked to the Bush administration. go wide and deep like it ought to. This has been beaten to death. His body is California-based Titan Corporation says it was not six young people that we are wrapped in plastic. is ‘‘a leading provider of solutions for serv- going to blame and make scapegoats Other pictures, which the world has not ices for national security’’. Between 2003–04, and send them out in the wilderness. seen, but which are in the hands of the U.S. it gave nearly $40,000 to George W. Bush’s This has to go all of the way to Mr. military, include shots of a dog attacking a Republican Party. Titan supplied translators Rumsfeld, the Secretary of War. prisoner. An accused soldier says dogs are to the military. ‘‘used for intimidation factors’’. CACI International Inc. describes its aim A Scottish newspaper, the Sunday There are also pictures of an apparent Herald, said, ‘‘The pictures that lost as helping ‘‘America’s intelligence commu- male rape. An Iraqi POW claims that a civil- nity in the war on terrorism’’. Richard the war. The grim images of American ian translator, hired to work in the prison, Armitage, the current deputy U.S. secretary and British soldiers torturing Iraqi raped a male juvenile prisoner. He said: of state, sat on CACI’s board. prisoners has taken the moral high ‘‘They covered all the doors with sheets. I No civilians, however, are facing charges ground from Blair and Bush.’’ And the heard the screaming . . . and the female sol- as military law does not apply to them. Colo- article finishes with a quote from Lieu- dier was taking pictures.’’ nel Jill Morgenthaler, from CentCom, said tenant Colonel Retired Bill Cowan of The British pictures show a hooded Iraqi that one civilian contractor was accused aged between 18–20 on the floor of a military the United States Marines, ‘‘We went along with six soldiers of mistreating pris- truck being brutalized. According to two oners. However, it was left to the contractor to Iraq to stop things like this from squaddies who took part in the torture, but to ‘‘deal with him’’. One civilian interro- happening; and, indeed, here they are later blew the whistle, the Iraqi’s ordeal gator told army investigators that he had happening under our tutelage. If we do lasted eight hours and he was left with a bro- ‘‘unintentionally’’ broken several tables dur- not tell this story, these kinds of ken jaw and missing teeth. He was bleeding ing interrogations as he was trying to ‘‘fear- things will continue and we will end up and vomited when his captors threw him out up’’ detainees. getting paid 100 or 1,000 times.’’ of a speeding truck. No one knows if he lived Lawyers for some accused say their clients or died. are scapegoats for a rogue prison system, The other side can try and limit the One of the British soldiers said: ‘‘Basically damage here with this and say let us which allowed mercenaries to give orders to this guy was dying as he couldn’t take any serving soldiers. A military report said pri- keep it in the Secretary of the Army, more. An officer came down. It was ‘Get rid vate contractors were at times supervising but the fact is that the world knows of him—I haven’t seen him’.’’ The other the interrogations. much more broadly. whistle-blower said he had witnessed a pris- Kimmitt said: ‘‘I hope the investigation is [From the Sunday Herald, May 2, 2004] oner being beaten senseless by troops. ‘‘You including not only the people who com- could hear your mate’s boots hitting this mitted the crimes, but some of the people THE PICTURES THAT LOST THE WAR lad’s spine . . . One of the lads broke his who might have encouraged the crimes as (By Neil Mackay) wrist off a prisoner’s head. Another nearly well because they certainly share some re- It’s an image that would do Saddam proud. broke his foot kicking him.’’ sponsibility.’’ A terrified prisoner, hooded and dressed in According to the British soldiers, the mili- Last night, CACI vice-president Jody rags, his hands out-stretched on either side tary police have found a video of prisoners Brown said: ‘‘The company supports the of him, electrodes attached to his fingers and being thrown from a bridge, and a prisoner Army’s investigation and acknowledges that genitals. He’s been forced to stand on a box was allegedly beaten to death in custody by CACI personnel in Iraq volunteered to be about one-foot square. His captors have told men from the Queen’s Lancashire Regiment. interviewed by army officials in connection him that, if he falls off the box, he’ll be elec- Although there is a debate about the verac- with the investigation. The company has re- trocuted. ity of the images, Armed Forces Minister ceived no indication that any CACI employee The torture victim was an Iraqi and his Adam Ingram said that if the pictures were was involved in any alleged improper con- torturers were American soldiers. The pic- real, they were ‘‘appalling’’. A Downing duct with Iraqi prisoners. Nonetheless, CACI ture captures the moment when members of Street spokesman said Tony Blair expected has initiated an independent investigation.’’ the coalition forces, who styled themselves ‘‘the highest standards of conduct from our However, military investigators said: ‘‘A liberators, were exposed as torturers. The forces in Iraq’’. The U.K.’s most senior army CACI investigator’s contract was terminated image of the wired and hooded Iraqi was one officer, General Mike Jackson, said that if because he allowed and/or instructed mili- of a series of photographs, leaked by a horri- the allegations were true then those involved tary police officers who were not trained in fied U.S. soldier inside Saddam’s old punish- were ‘‘not fit to wear the Queen’s uniform.’’ interrogation techniques to facilitate inter- ment centre, Abu Ghraib—now a U.S. POW The Defense Ministry is in crisis over the rogations which were neither authorised nor camp. pictures as top brass know they ruin any in accordance with regulations.’’ When the images were flashed around the hope of U.K. forces winning Iraqi hearts and One of the U.S. soldiers facing court mar- world by America’s CBS television network minds. tial is reservist Staff Sergeant Chip Fred- last Wednesday, there was a smug feeling The U.S. torture pictures were taken by erick—the equivalent of a part-time terri- within the U.K. that British troops would members of the American 800th Military Po- torial army squaddie. In civvy street, he was never behave like that to their prisoners. lice Brigade sometime late last year. Fol- a prison warder in Virginia. Frederick has But on Friday night, the U.K. was treated to lowing an investigation, 17 soldiers were re- said he will plead not guilty and blame the images—courtesy of the Daily Mirror—of moved from duty for mistreating captives. army for the torture at Abu Ghraib. ‘‘We had British soldiers urinating on a blood-stained Six face court martial. Brigadier General no support, no training whatsoever,’’ he said, Iraqi captive, holding guns against the man’s Janice Karpinski, who ran Abu Ghraib and claiming he had never been shown the Gene- head, stamping on his face, kicking him in three other U.S. military jails, is suspended va Convention. ‘‘I kept asking my chain of the mouth and beating him in the groin with and faces court martial. Prior to the command for certain things like rules and a rifle butt. relevations, Karpinski assured the U.S. regulations and it just wasn’t happening.’’ The pictures of U.S. soldiers torturing media that Abu Ghraib was run according to Frederick also blamed the intelligence their captives have the added horror of sex- ‘‘international standards’’. services for encouraging the brutality.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.047 H06PT1 H2674 CONGRESSIONAL RECORD — HOUSE May 6, 2004 Among the agencies coming to the prison The Associated Press reports that a senior the U.S. and coalition forces a legitimate were ‘‘military intelligence’’, said Frederick, Bush administration official, speaking on enemy in the eyes of more Arabs than was adding: ‘‘We had all kinds of other govern- condition of anonymity, said the photos (of the case before,’’ said Anthony Cordesman, ment agencies, FBI, CIA.’’ U.S. soldiers abusing Iraqi prisoners) hurt an expert on Middle East security issues at In letters and e-mails home, he wrote: the U.S. efforts to win over an audience that the Center for Strategic and International ‘‘Military intelligence has encouraged and is already deeply skeptical of U.S. inten- Studies. told us ‘Great job’.’’ He added: ‘‘They usually tions. Arabs and Muslims, the official added, Mr. Cordesman, in another interview with don’t allow others to watch them interro- ‘‘are certain to seize upon the images as Reuters, said the mistreatment of Iraqi pris- gate. But since they like the way I run the proof that the American occupiers are as oners also hurts the war on terror. ‘‘Those prison, they have made an exception . . . We brutal as ousted President Saddam Hussein’s Americans who mistreated the prisoners help getting [the PoWs] to talk with the way government.’’ may not have realized it, but they acted in we handle them . . . We’ve had a very high Officials at the Defense Department are the direct interests of Al Qaeda, the insur- rate with our style of getting them to break. also said to be ‘‘livid,’’ and well aware of the gents, and the enemies of the U.S.’’ ‘‘These They usually end up breaking within hours.’’ damage that has been done by the incident, negative images validate all other negative Frederick said prisoners were made to live according to NBC News’ Pentagon reporter images and interact with them,’’ he in cramped windowless cells with no clothes, Jim Miklaszewski. Speaking on the Imus in [Cordesman] said in a statement, citing running water or toilet for up to three days. the Morning radio/MSNBC program Tuesday, ‘‘careless U.S. rhetoric about Arabs and Others were held for 60 days before interro- Mr. Miklaszewski said he asked a Pentagon Islam,’’ failures to stabilize Iraq, continued gation. He said one prisoner with a mental contact about the soldiers alleged to be in- Israeli-Palestinian violence and fears the health condition was ‘‘shot with non-lethal volved, to which the Pentagon official re- United States is out to dominate the Middle rounds’’. An interrogator told soldiers to plied, ‘‘You mean the six morons who lost East. ‘‘stress one prisoner out as much as possible the war?’’ The Miami Herald, in an editorial, writes [as] he wanted to talk to him the next day’’. The Chicago Tribune reports that other ex- that the exposure of abuse at Abu Gharaib Frederick also said one prisoner was perts agree with this assessment. ‘‘The can ‘‘seriously damage’’ the success of US ‘‘stressed so bad that the man passed away’’. United States already had a huge perception operations, both militarily and otherwise, in Prisoners were covered in lice and some had problem in the Arab world,’’ said Stephen Iraq. It is too bad that the response so far, tuberculosis. None were allowed to pray. Walt, a professor of international affairs at from President Bush’s perfunctory indigna- Frederick said his commander sanctioned all Harvard’s Kennedy School of Government. tion to General Myers’ blaming a few way- this. ‘‘This is only going to reinforce the belief ward soldiers, badly misses the mark. The The former commander of Guantanamo that the United States is anti-Arab and anti- whole premise of the US invasion of Iraq (as Bay prison, Major General Geoffrey Miller, Muslim, whether it’s true or not.’’ currently construed) is to rid the Iraqi peo- has now been made deputy commander for As the Financial Times noted, even before ple of a brutal dictator and create a foothold containment operations to overhaul the the incidents at Abu Ghraib, opinion polls for democracy in the Middle East. The sense- Iraqi detention centres. taken in Iraq and other Muslim and non- less humiliation and abuse of Iraqi pris- Frederick, unlike mercenaries, faces jail Muslim nations ‘‘indicated an almost global oners—many of whom were civilians and and being thrown out of the army. His law- nadir of U.S. credibility and popularity.’’ have since been released without charges—is yer, Gary Myers said: ‘‘The elixir of power, And the Times reports that the U.S.’s much an indelible stain on that endeavor. Yet in the end, The Christian Science Mon- the elixir of believing that you’re helping the hailed public relations campaign in the Mid- itor reported Monday, this latest incident CIA, for God’s sake, when you’re from a dle East is ‘‘floundering.’’ small town in Virginia, that’s intoxicating. The New York Times reported late last may not have made all that much difference And so, good guys sometimes do things be- week that Margaret Tutwiler, the woman to many in the Arab world because their lieving that they are being of assistance and who was put in charge of the program to opinion of the US had already sunk as low as helping a just cause . . . and helping people make changes in the U.S.’s ‘‘public diplo- it could. That is why, argues Rami Khouri, a they view as important.’’ macy effort’’ announced she was leaving the Jordanian political analyst and editor of Lebanon’s Daily Star, the only thing that Kimmitt admitted: ‘‘I’d like to sit here and job to take a position with the New York will substantially change the US’s image in say that these are the only prisoner abuse Stock Exchange. The Financial Times also the Muslim world, is a change of policies. cases that we’re aware of, but we know that reports that experts on the Middle East say ‘‘They [the US] have to be more even-handed there have been others.’’ public relations programs or new pro-US TV in the Arab-Israeli issue, be less militaristic This also applies to Britain. A Sunday Her- channels will not change the way people in in addressing regimes they don’t like, be ald investigation has found that at least the Arab world feel. ‘‘It is not the case that more consistent in promoting democracy ev- seven civilians have died in British custody Arabs and Muslims feel antipathy towards erywhere not only in a few places,’’ Khouri in Iraq. the U.S. because they are being brainwashed Describing the images of abuse as an says. ‘‘They can turn their image around, by Al Jazeera or reading state-controlled ‘‘atrocity’’, Abdel Bari Atwan, editor of the but only if they turn their policies into more media in Egypt—it’s American policy,’’ said newspaper Al-Quds Al-Arabi, said: ‘‘The lib- consistently fair and reasonable ones.’’ Samer Shehata, professor of Arab politics at erators are worse than the dictators.’’ His Georgetown University. ‘‘Regardless of how Mr. MCGOVERN. Mr. Speaker, I yield sentiments have been echoed around the 1 many radio stations you have that play 2 ⁄2 minutes to the gentleman from world. It is hard to find a country or agency great music, or TV stations like al-Hurra, as Massachusetts (Mr. FRANK). that hasn’t condemned the torture of Iraqi long as U.S. policy—whether it be in Iraq or Mr. FRANK of Massachusetts. Mr. prisoners. From the Red Cross to the UN and Palestine—remains the same you are not from Amnesty to the coalition’s loyal ‘‘dep- Speaker, I agree that the great major- going to win hearts and minds.’’ ity, overwhelming majority of Ameri- uty in the Pacific’’, the Australian premier Rashid Khalidi, director of the Middle East John Howard, the world is united in horror cans serving in Iraq, military and civil- Institute at Columbia University, echoes ian, are honorable people who have against the actions of the US and UK forces. this view. ‘‘I think the United States is less The awful cost of these acts of barbarism respected at the end of these 13 months than gone to great risk. They are among the by Britain and America is summed up by ex- it has ever been,’’ he said. ‘‘Never has a victims of these outrages. It is a US Marine Lieutenant Colonel Bill Cowan: country with such unlimited power been so shameful thing that their bravery, ‘‘We went to Iraq to stop things like this pitifully unable to affect outcomes. Ruth- their good work, their integrity has from happening, and indeed, here they are less, murderous terrorists can strike at will happening under our tutelage . . . If we don’t been besmirched. We owe it to them to in the United States and the U.S. can’t take tell this story, these kind of things will con- do a full investigation. Fallujah?’’ We heard reference to the six. I hope tinue, and we’ll end up getting paid back 100 In the same article, by Agence-France or 1000 times over.’’ it is only six, but I am skeptical. Presse, Robert Leiber, professor of govern- Months ago I would have said it would ment and foreign service at Georgetown Uni- [From the Christian Science Monitor, May 4, versity, argues, however, in favor of keeping not be six. Had these accusations been 2004] ‘‘things in perspective.’’ ‘‘The photographs made months ago, I would have said, ‘‘SIX MORONS WHO LOST THE WAR’’ and, more importantly, the acts themselves no, Americans do not act like that. We (by Tom Regan) are harmful to the cause of helping the now have to acknowledge, tragically, Regardless of the outcome of the now mul- Iraqis form a stable and democratic coun- sadly, heartsickeningly, that we do; tiple investigations into prisoner abuse at try,’’ Leiber said, but he noted that such and we owe it to everyone to have a Baghdad’s Abu Ghraib prison, politicians and treatment is contrary to U.S. policy. ‘‘We full investigation. But we owe some- media around the world say the United must keep in mind that, although this has thing more. We owe the people of this States’ image has suffered a serious blow. been an ugly business, it pales in comparison country and the people of adherence to Sen. Joe Biden (D) of Delaware said on Fox to what Saddam (Hussein) did to his own News Sunday that ‘‘This is the single most people over 30 years,’’ he said. the democratic process. significant undermining act that’s occurred Unfortunately, many others believe that What troubles me about this resolu- in a decade in that region of the world in the damage has already been done. The alle- tion is the persistence of the Repub- terms of our standing.’’ gation of mistreatment of prisoners ‘‘makes lican majority in a pattern of using the

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.007 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2675 rules of this House and their small ma- people in uniform. I thought it was ap- counts of inhumane treatment of de- jority to frustrate open democratic propriate since we have 300,000 people tainees in Iraq. The conduct in those procedures. We have had a terrible who have done right to continue to pictures is absolutely intolerable, and blow to this country. We hope it was mention the fact that they have done the United States must take swift and perpetrated only by a few, but the in- some good things in Iraq. I think the decisive action to investigation and re- competence and indifference of superi- gentleman from Missouri (Mr. SKEL- solve this terrible incident and make ors clearly contributed to it. TON) agreed with that also. sure it never happens again. We owe ourselves and the American The Democrat leadership did not While this resolution calls on the people a full investigation. We are not want to include those good things in Secretary of the Army to conduct a even allowed under the majority’s rules this particular resolution, and that is full and thorough investigation into to put forward a motion calling for why this had to come forward not the allegations of mistreatment, take such an investigation. The other side of under unanimous consent agreed to by corrective action against those respon- the aisle has already decided it is only the gentleman from Missouri (Mr. sible and ensure that it never happens the six. We are abusing the democratic SKELTON) and myself, but it had to again, I believe Congress must also do process here. come forward through the rules proc- its job and conduct its own investiga- We are trying to teach the people of ess. tion. Iraq about democracy. One of the Mr. FRANK of Massachusetts. Mr. b 1230 things we have been worried about is Speaker, will the gentleman yield? that a particular majority, the Shia, Mr. HUNTER. I yield to the gen- Mr. Speaker, Congress was never no- might not understand the importance tleman from Massachusetts. tified about the problems at Abu of minority rule. We are trying to get Mr. FRANK of Massachusetts. Mr. Ghraib prison, even though the Depart- them to understand how you do that Speaker, I would say two things. First, ment of Defense had a report outlining the gentleman from California (Mr. difficult thing of reconciling majority the conditions there 3 months ago. As a HUNTER) and the cosponsor, the gen- control and majority’s right to decide partner in the War on Terror, Congress tleman from Missouri (Mr. SKELTON), with full minority participation. absolutely has not only the right, but The majority, Mr. Speaker, are giv- are entitled to their decisions; but so is the responsibility to investigate what ing them exactly the wrong example of the whole House. It is the House that went wrong up and down the chain of should decide whether paragraphs go in how to do that. I suppose we ought to command. or out. I do not understand why the say to the people of Iraq who watch So today, Mr. Speaker, I urge a ‘‘no’’ majority does not allow the House to this narrow majority, for partisan pur- vote on the previous question. If the vote. poses refuse to allow an open debate on previous question is defeated, I will Secondly, I appreciate that some in- offer an amendment to the rule allow- this extraordinary issue. Please do not vestigation is going on; but I am not a try this at home. We are giving them ing for the consideration of an amend- great believer in people investigating ment offered by the gentleman from exactly the wrong example of how to themselves and nobody else. I believe proceed. This is a chance to show de- Missouri (Mr. SKELTON) affirming the an outside investigation is necessary. need for bipartisan congressional in- mocracy. Yes, some people made a mis- Mr. HUNTER. Mr. Speaker, reclaim- vestigations into these allegations are take. Let us throw this open and do ev- ing my time, I would simply say, before of abuse, including those by U.S. civil- erything possible to purge ourselves of we knew about this, the criminal pro- ian contractor personnel or other U.S. this error and not appear to be cutting cedures were going forward. It was the civilians, and into the chain of com- it off. United States Army soldier, not a mand and other deficiencies that con- So we are compounding the terrible press, not an IG who brought this for- misdeeds of that certain number of tributed to such abuse. ward. It was a United States Army sol- Let me be clear, Mr. Speaker, voting people, and we do not know how many dier who brought this forward. Crimi- in the prisons, by a partisan manipula- ‘‘no’’ on the previous question will not nal investigations are going on, under- prevent this House from voting on the tion of the process. The other side of taken by the Army. The court martial the aisle is doing a terrible thing. underlying resolution, it will simply process is in process. allow for the consideration of the Skel- Mr. HASTINGS of Washington. Mr. Mr. MCGOVERN. Mr. Speaker, I yield ton amendment and allow the House to Speaker, I yield 2 minutes to the gen- 15 seconds to the gentleman from Mas- UNTER conduct a bipartisan investigation. It tleman from California (Mr. H ). sachusetts (Mr. FRANK). Mr. HUNTER. Mr. Speaker, let me Mr. FRANK of Massachusetts. Mr. will allow us to do our job, what the just answer the gentleman who has Speaker, the gentleman from Cali- people we represent expect us to do. Congress is a full partner in the war just spoken. There are three investiga- fornia (Mr. HUNTER) apparently thinks tions going on right now. There is a that the Army has been the exemplar on terror. We need to do our job. We CENTCOM investigation, a criminal in- of good self-investigation. Many of us cannot call for accountability by oth- vestigation going on right now. If there do not. ers and then shirk our own responsi- are other people involved beyond these But aside from that substantive bility. Let us do our part to resolve six, those people will be picked up in issue, why is this not in a democracy a this awful situation and restore con- that investigation. There is also a De- subject for full debate of the House, not fidence and trust in our Nation and in partment of the Army investigation a 1-hour constricted debate with no our military. and a Department of the Navy inves- amendments allowed constructed by I urge a ‘‘no’’ vote on the previous tigation going on. the majority? question. Further, let me say to my friends, Mr. HASTINGS of Washington. Mr. Mr. Speaker, I include the following the ranking member, the gentleman Speaker, I yield 15 seconds to the gen- material for the RECORD. from Missouri (Mr. SKELTON), and I tleman from California (Mr. HUNTER). [From the New York Times, May 6, 2004] worked on this together. The Com- Mr. HUNTER. Mr. Speaker, let me RESTORING OUR HONOR mittee on Armed Services was the ap- say to my colleague that when the pub- (By Thomas L. Friedman) propriate standing committee to do licity flush is finished on what was We are in danger of losing something much this. We worked on this until late last done by who we have identified as some more important that just the war in Iraq. We night, and the people who vetoed what six individuals now, they will have re- are in danger of losing America as an instru- we thought we had an agreement on ceived thousands and thousands, as ment of moral authority and inspiration in were the Democrat leadership. much time and publicity as the 300,000 the world. I have never known a time in my Let me tell Members the two para- good Americans who have served this life when America and its president were more hated around the world than today. I graphs they vetoed. They wanted to country, and as much attention from kick out the two paragraphs that re- was just in Japan, and even young Japanese this Congress. dislike us. It’s no wonder that so many ferred to the good works in terms of Mr. MCGOVERN. Mr. Speaker, I yield Americans are obsessed with the finale of the providing food, providing education, myself the balance of my time. sitcom ‘‘Friends’’ right now. They’re the providing medical capability to the Mr. Speaker, all Americans have only friends we have, and even they’re leav- Iraqi people that were given by our been horrified by the pictures and ac- ing.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.048 H06PT1 H2676 CONGRESSIONAL RECORD — HOUSE May 6, 2004 This administration needs to undertake a decent from this war—if the Bush team can Should they have known that Iraqi oil total overhaul of its Iraq policy; otherwise, finally screw up the courage to admit its might not cover the cost of the occupation? it is courting a total disaster for us all. failures and dramatically change course. Probably. Should they have had enough That overhaul needs to begin with Presi- Yes, the hour is late, but as long as there’s troops on the ground to prevent looting and dent Bush firing Secretary of Defense Donald a glimmer of hope that this Bush team will a general breakdown of law and order? Well, Rumsfeld—today, not tomorrow or next do the right thing, we must insist on it, be- some might think so—but not, apparently, month, today. What happened in Abu Ghraib cause America’s role in the world is too pre- the president. prison was, at best, a fundamental break- cious—to America and to the rest of the You and I can argue the wisdom of going down in the chain of command under Mr. world—to be squandered like this. into Iraq some other time. What is not argu- Rumsfeld’s authority, or, at worst, part of a able, I think, is that the invasion and occu- deliberate policy somewhere in the military- [From the Washington Post, May 6, 2004] pation were marked every step of the way by intelligence command of sexually WHO SHOULD HAVE KNOWN? incompetence, smugness and repeated mis- humiliating prisoners to soften them up for takes. Yet the only people to feel the oppro- (By Richard Cohen) interrogation, a policy that ran amok. brium of the White House are those, such as Either way, the secretary of defense is ulti- This week the United States Army did the Richard Clarke or Joseph Wilson, who had mately responsible, and if we are going to re- oddest thing in this Age of Bush: It rep- the nerve, the gall, the immense chutzpah to build our credibility as instruments of hu- rimanded six soldiers in connection with the question administration policy. manitarian values, the rule of law and de- Iraqi prisoner abuse scandal—not for what The new accountability could be a wonder- mocratization, in Iraq or elsewhere, Mr. they did but for not knowing what others ful thing. It comes a bit late in the game, Bush must hold his own defense secretary ac- were doing. An Army spokesman put it this maybe, and will almost surely be limited to countable. Words matter, but deeds matter way: ‘‘They should have known...’’ If expendable underlings, but a supine Congress more. If the Pentagon leadership ran any that’s the standard, then half the Bush ad- just might get the idea and start asking U.S. company with the kind of abysmal plan- ministration will soon be gone. some hard questions about how things went ning in this war, it would have been fired by Maybe first to get the accountability ax so bad in Iraq. It might begin with Rumsfeld shareholders months ago. will be Defense Secretary Donald Rumsfeld. and ask him a more pertinent version of that I know that tough interrogations are vital He certainly should have known that a scan- famous question—not what did you know in a war against a merciless enemy, but out- dal was brewing in Iraqi prisons, and he and when did you know it but why, damn it, right torture, or this sexual-humiliation-for- should have bothered to read the Pentagon didn’t you know it in the first place? entertainment, is abhorrent. I also know the report detailing what went wrong. Instead, sort of abuse that went on in Abu Ghraib the Pentagon tried to delay CBS’s ‘‘60 Min- [From USA Today] prison goes on in prisons all over the Arab utes II’’ from showing pictures of prisoner WHY WAS PATTERN OF ABUSE IGNORED FOR SO world every day, as it did under Saddam— abuse and then, in an amazing public rela- LONG? without the Arab League or Al Jazeera ever tions offensive, sent the chairman of the The Bush administration swung into full saying a word about it. I know they are Joint Chiefs, Gen. Richard B. Myers, on damage-control mode Wednesday, trying to shameful hypocrites, but I want my country three Sunday talk shows to announce—a lit- quell a rising furor at home and abroad over to behave better—not only because it is tle bugle call here—that he had not read the the shocking abuse of prisoners in Iraq by America, but also because the war on ter- report either. It has been available since U.S. military personnel. rorism is a war of ideas, and to have any March. The general in charge of U.S.-run prisons chance of winning we must maintain the As is almost always the case, the Pentagon in Iraq apologized to the Iraqi people. Sec- credibility of our ideas. did not tell the State Department that a wee retary of Defense Donald Rumsfeld made the We were hit on 9/11 by people who believed spot of trouble was coming its way because, rounds of TV shows, claiming that the mis- hateful ideas—ideas too often endorsed by as we know, the Pentagon doesn’t tell the treatment of prisoners at Abu Ghraib prison some of their own spiritual leaders and edu- State Department anything. Who cares if a was an aberration and pledging that those cators back home. We cannot win a war of billion or so people in the Islamic world have involved would be dealt with swiftly and ideas against such people by ourselves. Only a snit? The Bushies hardly do diplomacy firmly. President Bush gave interviews to Arabs and Muslims can. What we could do— anyway. It’s for sissies. At a certain level— two Arabic-language TV stations, calling the and this was the only legitimate rationale a very high one—the Bush administration is behavior depicted in the photos broadcast on for this war—was try to help Iraqis create a as dysfunctional as it is cocky. TV last week ‘‘abhorrent’’ and counter to progressive context in the heart of the Arab- But if accountability is going to be the American values. Muslim world where that war of ideas could new order of the day, there’s no telling The question none answered: What took so be fought out. where things will wind up. What will happen long? But it is hard to partner with someone to CIA chief George Tenet, who assured the Documented complaints of mistreated pris- when you become so radioactive no one president that Iraq was a virtual storehouse oners in Iraq, Afghanistan and at Guanta- wants to stand next to you. We have to re- of weapons of mass destruction? It was ‘‘a namo Bay, Cuba, date back two years, in- store some sense of partnership with the slam dunk,’’ the spy chief said. He should cluding the cases of two Afghans whose world if we are going to successfully partner have known otherwise, but he did not. No deaths in 2002 were recently ruled homicides. Unlike the Abu Ghraib mistreatment, with Iraqis. matter. Instead of a reprimand, Bush always Mr. Bush needs to invite to Camp David expresses confidence in him and probably has those incidents were not caught on film. The abuse was further obscured by the still-lin- the five permanent members of the U.N. Se- given him a nickname, Slam Dunk George. curity Council, the heads of both NATO and Or take Condoleezza Rice. Should she have gering horror of the 9/11 terrorist attacks. the U.N., and the leaders of Egypt, Jordan, known that Bush was blowing smoke when But the nation now risks paying a mighty price for its failure to stand firmly in favor Saudi Arabia and Syria. There, he needs to he told the Nation that Iraq had tried to buy of international law and human dignity. eat crow, apologize for his mistakes and uranium from Niger? Yes, indeed. There was Otherwise-neutral Muslims are enraged, make clear that he is turning a new page. no such nuclear program in Iraq, and it aiding terrorists and turning Iraqis against Second, he needs to explain that we are los- hadn’t attempted to make that uranium pur- Americans. International support for the war ing in Iraq, and if we continue to lose the chase. The CIA knew that, yet Bush said oth- on terrorism has been undercut. At home, U.S. public will eventually demand that we erwise. Once again, no reprimand. Instead, support for Bush’s attempt to bring peace quit Iraq, and it will then become Afghani- she was rewarded with more sleepovers at and democracy to Iraq has eroded. A Gallup stan-on-steroids, which will threaten every- Camp David. Poll today shows the public’s disapproval of one. Third, he needs to say he will be guided What about Dick Cheney? He was the lead- Bush’s handling of Iraq has risen to 55%, the by the U.N. in forming the new caretaker ing hawk in the White House, so anxious to highest since the war began. government in Baghdad. And fourth, he go to war with Iraq that Secretary of State Ebbing support for the mission comes as needs to explain that he is ready to listen to Colin Powell characterized him as feverish. the scandal keeps expanding. U.S. officials everyone’s ideas about how to expand our The vice president repeatedly insisted that reported Wednesday that the number of pris- force in Iraq, and have it work under a new Iraq had ‘‘reconstituted’’ its nuclear weapons oner deaths in Iraq and Afghanistan under U.N. mandate, so it will have the legitimacy program. Should he have known better? To investigation or already blamed on U.S. cap- it needs to crush any uprisings against the revert to Cheney talk, you betcha. tors has risen to 14. The deaths of two Iraqi interim Iraqi government and oversee elec- Should Rumsfeld have known that stabi- prisoners are now considered homicides, and tions—and then leave when appropriate. And lizing Iraq would require more troops than 20 investigations are underway. he needs to urge them all to join in. he allotted? Gen. Eric K. Shinseki had said Warning signs about abuses of Iraqi detain- Let’s not lose sight of something—as bad so, but the Army chief of staff was brushed ees had been flashing for months: as things look in Iraq it is not yet lost, for aside and treated as an eccentric. The Pentagon acknowledged this week one big reason: America’s aspirations for Should Rummy and his deputy, Paul that enough concerns were raised last fall to Iraq and those of the Iraqi silent majority, Wolfowitz, have known that U.S. troops prompt a ‘‘top-level review’’ of how its Iraqi particularly Shiites and Kurds, are still might not be universally greeted with flow- detection centers were being run. aligned. We both want Iraqi self-rule and ers, kisses and donations to the Bush reelec- Abuses at Abu Ghraib were brought to the then free elections. That overlap of interests, tion campaign? It would have been prudent attention of commanders in Iraq by a tip however clouded, can still salvage something planning. from an unidentified soldier in January.

VerDate May 04 2004 04:00 May 07, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.012 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2677 A damning report by a general assigned to ment by coalition forces during the past There was no objection. investigate the charges has been lying year,’’ including during interrogations, and Mr. MCGOVERN. Mr. Speaker, I yield around the Pentagon since March 3, appar- that ‘‘virtually none of the allegations of back the balance of my time. ently without getting the attention of any torture or ill treatment has been adequately Mr. HASTINGS of Washington. Mr. top decision-maker. The report documented investigated by the authorities.’’ Speaker, I yield myself such time as I ‘‘numerous incidents of sadistic, blatant and Recall that a key excuse for the U.S. inva- wanton criminal abuses.’’ sion was to ensure the safety of Iraqi sci- may consume. The military brass could no longer ignore entists and others in the know so that they This is an important resolution, and the problem last week, when photos of U.S. might feel free to reveal the location of I think it is fitting we have this debate soldiers gloating over naked prisoners forced weapons of mass destruction or evidence of on this. But I would remind my friends into degrading acts surfaced on CBS’ 60 Min- Saddam Hussein’s potential ties to Al Qaeda. on the other side of the aisle that we utes II. More details about the abuses, based Shockingly, some of those scientists are now have a system here where we break on leaks from the then-secret military re- in coalition prisons, even though the weap- down this big body into committees. port, appeared in The New Yorker this week. ons clearly don’t exist. That is the proper way we get to the Even then, the Pentagon shrugged off the In this context, of course, it makes sense story as a case of a few renegade soldiers that U.S. interrogators would feel enormous heart of some of the issues that con- who already had been punished. Worldwide pressure to use any means necessary to front us. And I just talked to the chair- outrage forced the Bush administration to verify the absurd claims made so aggres- man of the Committee on Armed Serv- address the matter seriously. sively by the president and his Cabinet be- ices, and they are going to have hear- Some military personnel down the chain of fore the war. Far from the jurisdiction of the ings on this. There will be probably command did the right thing, notably the U.S. legal system, they apparently felt quite several hearings as this process goes troops who blew the whistle at Abu Ghraib free to approve techniques clearly banned by through, and I suspect that there will and leaked photos to the media when superi- war crimes statutes. be probably some other committees ors failed to take stern action. But top com- Yet, astonishingly, weeks after the Penta- manders seemed more concerned with keep- gon’s own damning internal report on the that will find out if they will have ju- ing the scandal quiet than ensuring that torture at Abu Ghraib, and several days after risdiction and will look at that. those who committed abuses would be pun- CBS’ ‘‘60 Minutes II’’ broke open the story So I just want to say that this is a ished and the attitudes that allowed such be- worldwide by showing those horrific photos, start of a process that we need to ad- havior would not be tolerated. Defense Secretary Donald H. Rumsfeld still dress. Everybody is outraged by what Defenders of the military say the abuse had not been briefed on the report, a spokes- happened over there with that small was the work of a few sadistic prison officers man said Sunday. Similarly, the chairman of group of individuals in Iraq. That is and overzealous intelligence agents in Iraq, the Joint Chiefs of Staff, Gen. Richard B. not America, and we all know that. We and some already are being disciplined. Myers, admitted Sunday that he hadn’t yet Perhaps so. But their arguments do not ex- bothered to read the 53-page report filed by all know that is not America, and that plain a climate that resulted in abuses from Army Maj. Gen. Antonio M. Taguba, even is why I think this resolution will be Afghanistan to Guantanamo Bay. though he had successfully requested that pass with strong bipartisan support. Now that the Pentagon has finally ac- CBS delay its ‘‘inflammatory’’ broadcast. And I would say this, Mr. Speaker: I knowledged the problem, it needs to inves- This shows far more concern for public rela- thought the President, in his two inter- tigate thoroughly, punish those who com- tions than for finding out the truth. views with the Arab TV stations, said mitted or tolerated abuses and implement How could it be that the top officials re- it very well. He was very forthright. safeguards to prevent a recurrence. sponsible for the military were not them- And in many respects, what we are just Those steps could begin to repair the enor- selves interested in keeping abreast of the mous damage the scandal has caused. investigation—even after the story had ex- saying here today is a message to the ploded into a global scandal? Iraqis and to the Middle East that our [From the Los Angeles Times, May 4, 2004] After all, an ambitious promise to bring form of government and the form of WHEN WE’RE THE EVILDOERS IN IRAQ: WITH democracy and the rule of law to Iraq be- government they are struggling to IMMORAL U.S. LEADERSHIP, IS ITSOSHOCK- came the ex post facto rationale for the inva- have, does not condone what went on, ING TO FIND TORTURERS IN THE RANKS? sion, once it became clear that the earlier and I think that is a very strong mes- (By Robert Scheer) claims of weapons of mass destruction and sage. Hussein ties to Al Qaeda were a fraud. President Bush is again refusing to take Mr. MCGOVERN. Mr. Speaker, will responsibility for any of the horrors hap- So it should have been a clear and high pri- ority to make certain that Iraqi prisoners in- the gentleman yield? pening on his watch. This time it is the Mr. HASTINGS of Washington. I abuse of Iraqi prisoners carried out by low- carcerated in Hussein’s most infamous pris- on did not receive the same brand of ‘‘jus- yield to the gentleman from Massachu- ranking military police working under the setts. direct guidance of military intelligence offi- tice’’ the dictator had been doling out for cers and shadowy civilian mercenaries. Our decades. That they did is now a deep and Mr. MCGOVERN. Mr. Speaker, I just president launched this war with the promise dirty stain on the reputation of this nation. want to point out a couple of things. Yes, it’s great that we are still worlds to the Iraqi people of ‘‘no more torture First of all, hearings are not inves- away from being Nazi Germany, Stalinist chambers and rape rooms. The tyrant will tigations, and a lot of us feel that what Russia or Hussein’s Iraq. soon be gone.’’ What went wrong? we are doing here is just kind of shirk- We are a free society in which, it is hoped, The president has called the now-exposed ing our responsibility. So a vote for the pattern of violence an isolated crime per- truth eventually comes out, and thanks to what seems to be one brave whistle-blowing previous question means a vote against formed by ‘‘a few people.’’ Yet the Penta- bipartisan congressional investiga- gon’s own investigation of the incident soldier and a responsible officer to whom he shows that not only was the entire Abu reported the torture, these crimes have come tions. No one on the other side has yet Ghraib prison out of control, it was the MPs’ to light. Those are the acts of true heroes, explained to us why, in fact, a bipar- immediate military superiors who ‘‘directly and we should be proud of them. tisan investigation is a bad idea, why or indirectly’’ authorized ‘‘sadistic, blatant Yet, before we go overboard in celebrating we should not be allowed to do our job. and wanton criminal abuses’’ of the pris- our virtues, let’s admit that Americans too That is what we are asking for here. can be ‘‘evildoers,’’ especially when we em- oners as a way to break them in advance of Mr. HASTINGS of Washington. Mr. formal interrogations. brace, as the president consistently has done, the terribly dangerous idea that the Speaker, reclaiming my time, I appre- ‘‘Military intelligence interrogators and ciate what the gentleman is asking for, other U.S. government agency interrogators ends justify the means. actively requested that MP guards set phys- The ultimate cost of a foreign policy based and as I mentioned in my remarks, we ical and mental conditions for favorable in- on blatant lies, and that equates military do have a committee system. The terrogation of witnesses,’’ says the report. might with what is right, is that the brute in chairman of the committee said that The report, completed in March and kept se- all of us will not inevitably lie dormant. there are going to be those investiga- cret until it was revealed on the New Yorker Mr. Speaker, I ask unanimous con- tions, and I suspect there will be others website Friday, also stated that a civilian sent that the text of the amendment be that will look at it. contractor employed by a Virginia company printed in the CONGRESSIONAL RECORD Mr. FRANK of Massachusetts. Mr. called CACI ‘‘clearly knew his instructions’’ immediately before the vote on the Speaker, will the gentleman yield? to the MPs called for physical abuse. previous question. Mr. HASTINGS of Washington. I Furthermore, in a statement released Fri- day, Amnesty International reported that in The SPEAKER pro tempore (Mr. yield to the gentleman from Massachu- its extensive investigations into human LAHOOD). Is there objection to the re- setts. rights in post-invasion Iraq, it ‘‘has received quest of the gentleman from Massachu- Mr. FRANK of Massachusetts. Mr. frequent reports of torture or other ill treat- setts? Speaker, I appreciate the fact that we

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.014 H06PT1 H2678 CONGRESSIONAL RECORD — HOUSE May 6, 2004 have a committee system, but it is not FILNER), and then on the motion to Davis (FL) Kilpatrick Pomeroy a substitute for debate and amendment suspend the rules on H.R. 402 debated Davis (IL) Kind Price (NC) Davis (TN) Kleczka Rahall on the floor of the House, even to de- yesterday. DeFazio Kucinich Rangel bate whether or not we do this and the The vote was taken by electronic de- DeGette Lampson Reyes substance. The committee system vice, and there were—yeas 218, nays Delahunt Langevin Rodriguez should not be something behind which DeLauro Lantos Ross 201, not voting 14, as follows: Deutsch Larsen (WA) Rothman you hide to avoid debate that you [Roll No. 147] Dicks Larson (CT) Roybal-Allard might find uncomfortable. Dingell Lee Ruppersberger YEAS—218 Mr. HASTINGS of Washington. Mr. Doggett Levin Rush Speaker, reclaiming my time, I would Aderholt Gerlach Osborne Dooley (CA) Lewis (GA) Ryan (OH) Akin Gibbons Ose Doyle Lipinski Sabo just remind my friend that we do not Bachus Gilchrest Otter Edwards Lofgren Sa´ nchez, Linda know what is going to come out of Baker Gillmor Oxley Emanuel Lowey T. these hearings. There may be some leg- Ballenger Gingrey Paul Engel Lucas (KY) Sanchez, Loretta islation that comes out. It will go Barrett (SC) Goode Pearce Eshoo Lynch Sanders Bartlett (MD) Goodlatte Pence Etheridge Majette Sandlin through the process, and if there is Barton (TX) Goss Peterson (PA) Evans Maloney Schakowsky something, it will get to the floor and Bass Granger Petri Farr Markey Schiff we will have that debate. Beauprez Graves Pickering Fattah Marshall Scott (GA) Bereuter Green (WI) Pitts Mr. FRANK of Massachusetts. Mr. Filner Matheson Scott (VA) Biggert Gutknecht Platts Ford Matsui Serrano Bilirakis Speaker, will the gentleman yield? Hall Pombo Frank (MA) McCarthy (MO) Sherman Bishop (UT) Harris Porter Mr. HASTINGS of Washington. I Frost McCarthy (NY) Skelton Blackburn Hart Portman yield to the gentleman from Massachu- Gephardt McCollum Slaughter Blunt Hastings (WA) Pryce (OH) Gonzalez McDermott Smith (WA) setts. Boehlert Hayes Putnam Gordon McGovern Snyder Mr. FRANK of Massachusetts. Mr. Boehner Hayworth Quinn Green (TX) McIntyre Spratt Bonilla Hefley Radanovich Speaker, I would just say to the gen- Stark Bonner Hensarling Ramstad Grijalva McNulty tleman the committees are the serv- Boozman Herger Regula Gutierrez Meehan Stenholm ants of the House, not the other way Bradley (NH) Hobson Rehberg Harman Meek (FL) Strickland around. The committees exist to do the Brady (TX) Hoekstra Renzi Hastings (FL) Michaud Stupak Hill Millender- Tanner will of the House. The full democratic Brown (SC) Hostettler Reynolds Brown-Waite, Houghton Rogers (AL) Hinchey McDonald Tauscher House does not wait for the commit- Ginny Hulshof Rogers (KY) Hinojosa Miller (NC) Taylor (MS) tees. Burgess Hunter Rogers (MI) Hoeffel Miller, George Thompson (CA) The material previously referred to Burns Hyde Rohrabacher Holden Mollohan Thompson (MS) Burr Isakson Ros-Lehtinen Holt Moore Tierney by Mr. MCGOVERN is as follows: Burton (IN) Issa Royce Honda Moran (VA) Towns In the resolution strike ‘‘and (2)’’ and in- Buyer Istook Ryan (WI) Hooley (OR) Murtha Turner (TX) sert the following: Calvert Johnson (CT) Ryun (KS) Hoyer Nadler Udall (CO) ‘‘(2) the amendment specified in Section 2 Camp Johnson, Sam Schrock Inslee Napolitano Udall (NM) of this resolution if offered by Representa- Cannon Jones (NC) Sensenbrenner Israel Neal (MA) Van Hollen Cantor Keller Sessions Jackson (IL) Oberstar Vela´ zquez tive Skelton of Missouri or a designee, which Capito Kelly Shadegg Jackson-Lee Obey Visclosky shall be in order without intervention of any Carter Kennedy (MN) Shaw (TX) Olver Waters point of order, shall be considered as read, Castle King (IA) Shays Jefferson Ortiz Watson and shall be separately debatable for 60 min- Chabot King (NY) Sherwood John Owens Watt utes equally divided and controlled by the Chocola Kingston Shimkus Johnson, E. B. Pallone Waxman proponent and an opponent; and (3)’’ Coble Kirk Shuster Jones (OH) Pascrell Weiner At the end of the resolution add the fol- Cole Kline Simmons Kanjorski Pastor Wexler Collins Knollenberg Simpson lowing: Kaptur Payne Woolsey Cox Kolbe Smith (MI) Kennedy (RI) Pelosi Wu SEC. 2. The amendment referred to in the Crane LaHood Smith (NJ) Kildee Peterson (MN) Wynn first section of the resolution is as follows: Crenshaw Latham Smith (TX) At the end of H. Res. 627 strike ‘‘nation.’’, Cubin LaTourette Souder NOT VOTING—14 insert in lieu thereof ‘‘nation;’’ and add the Culberson Leach Stearns following: Cunningham Lewis (CA) Sullivan Baca Jenkins Saxton ‘‘(11) affirms the need for bipartisan Con- Davis, Jo Ann Linder Sweeney Bono Johnson (IL) Solis Davis, Tom LoBiondo Tancredo Boyd Lewis (KY) gressional investigations to be conducted Tauzin Deal (GA) Lucas (OK) Taylor (NC) DeMint Meeks (NY) Wilson (SC) immediately into these allegations of abuse, DeLay Manzullo Terry Greenwood Menendez including those by U.S. civilian contractor Diaz-Balart, L. McCotter Thomas personnel, or other U.S. civilians, and into Diaz-Balart, M. McCrery Thornberry ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the chain of command and other systemic Doolittle McHugh Tiahrt deficiencies, including the command atmos- Dreier McInnis Tiberi The SPEAKER pro tempore (Mr. phere that contributed to such abuse.’’ Duncan McKeon Toomey LAHOOD) (during the vote). Members Dunn Mica Turner (OH) The SPEAKER pro tempore. All time Ehlers Miller (FL) Upton are advised 2 minutes remain in this for debate has expired. Emerson Miller (MI) Vitter vote. English Miller, Gary Walden (OR) The question is on ordering the pre- Everett Moran (KS) Walsh vious question on the resolution. Feeney Murphy Wamp b 1258 The question was taken; and the Ferguson Musgrave Weldon (FL) Speaker pro tempore announced that Flake Myrick Weldon (PA) Mr. HOEFFEL and Ms. ESHOO Foley Nethercutt Weller the ayes appeared to have it. Forbes Neugebauer Whitfield changed their vote from ‘‘yea’’ to Mr. MCGOVERN. Mr. Speaker, I ob- Fossella Ney Wicker ‘‘nay.’’ ject to the vote on the ground that a Franks (AZ) Northup Wilson (NM) Frelinghuysen Norwood Wolf So the previous question was ordered. quorum is not present and make the Gallegly Nunes Young (AK) point of order that a quorum is not Garrett (NJ) Nussle Young (FL) The result of the vote was announced present. as above recorded. NAYS—201 The SPEAKER pro tempore. Evi- Stated for: dently a quorum is not present. Abercrombie Bishop (GA) Carson (OK) Ackerman Bishop (NY) Case Mr. JOHNSON of Illinois. Mr. Speaker, on The Sergeant at Arms will notify ab- Alexander Blumenauer Chandler sent Members. Allen Boswell Clay rollcall No. 147 I was unavoidably detained. Pursuant to clause 9 of rule XX, the Andrews Boucher Clyburn Had I been present, I would have voted ‘‘yea.’’ Baird Brady (PA) Conyers Chair will reduce to 5 minutes the min- Baldwin Brown (OH) Cooper The SPEAKER pro tempore. The imum time for electronic voting, if or- Ballance Brown, Corrine Costello question is on the resolution. dered, on the question of adoption of Becerra Capps Cramer The resolution was agreed to. the resolution, and then on the motion Bell Capuano Crowley Berkley Cardin Cummings to instruct conferees on H.R. 2443 by Berman Cardoza Davis (AL) A motion to reconsider was laid on the gentleman from California (Mr. Berry Carson (IN) Davis (CA) the table.

VerDate May 04 2004 02:02 May 07, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.051 H06PT1 May 6, 2004 CONGRESSIONAL RECORD — HOUSE H2679 APPOINTMENT OF CONFEREES ON Kaptur Myrick Schiff b 1307 Keller Nadler Schrock H.R. 2443, COAST GUARD AND Kelly Napolitano Scott (GA) Messrs. NEY, LINDER, TIAHRT and MARITIME TRANSPORTATION Kennedy (MN) Neal (MA) Scott (VA) DOOLITTLE changed their vote from ACT OF 2003 Kennedy (RI) Nethercutt Sensenbrenner ‘‘nay’’ to ‘‘yea.’’ Kildee Neugebauer Serrano MOTION TO INSTRUCT OFFERED BY MR. FILNER Kilpatrick Ney Sessions So the motion was agreed to. The SPEAKER pro tempore (Mr. LIN- Kind Northup Shadegg The result of the vote was announced DER). The pending business is the de King (IA) Norwood Shaw as above recorded. King (NY) Nunes Shays novo vote on the motion to instruct Kirk Nussle Sherman A motion to reconsider was laid on conferees on H.R. 2443. Kleczka Oberstar Sherwood the table. The Clerk will redesignate the mo- Kline Obey Shimkus The SPEAKER pro tempore. The Knollenberg Olver Shuster Chair will appoint conferees at a subse- tion. Kolbe Ortiz Simmons The Clerk redesignated the motion. Kucinich Osborne Simpson quent time. The SPEAKER pro tempore. The LaHood Ose Skelton Stated for: question is on the motion to instruct Lampson Otter Slaughter Ms. SOLIS. Mr. Speaker, during rollcall vote Langevin Owens Smith (MI) offered by the gentleman from Cali- Lantos Oxley Smith (NJ) No. 148, on motion to instruct on Coast Guard fornia (Mr. FILNER). Larsen (WA) Pallone Smith (TX) authorization, I was unavoidably detained. Had The question was taken; and the Larson (CT) Pascrell Smith (WA) I been present, I would have voted ‘‘yea.’’ LaTourette Pastor Snyder Speaker pro tempore announced that Leach Paul Souder f the ayes appeared to have it. Lee Payne Spratt Mr. FILNER. Mr. Speaker, on that I Levin Pearce Stark EXPRESSING SENSE OF HOUSE RE- demand the yeas and nays. Lewis (CA) Pelosi Stearns GARDING NEED FOR FREEDOM Lewis (GA) Pence Stenholm AND DEMOCRATIC REFORM IN The yeas and nays were ordered. Linder Peterson (MN) Strickland The SPEAKER pro tempore. This Lipinski Peterson (PA) Stupak LAOS will be a 5-minute vote. LoBiondo Petri Sweeney The SPEAKER pro tempore. The un- Lofgren Pickering Tanner The vote was taken by electronic de- Lowey Pitts Tauscher finished business is the question of sus- vice, and there were—yeas 395, nays 19, Lucas (KY) Platts Taylor (MS) pending the rules and agreeing to the not voting 19, as follows: Lucas (OK) Pombo Terry resolution, H. Res. 402. Lynch Pomeroy Thompson (CA) [Roll No. 148] Majette Porter Thompson (MS) The Clerk read the title of the resolu- YEAS—395 Maloney Price (NC) Thornberry tion. Manzullo Pryce (OH) Tiahrt Abercrombie Chandler Franks (AZ) The SPEAKER pro tempore. The Markey Quinn Tierney Ackerman Clay Frelinghuysen question is on the motion offered by Marshall Radanovich Toomey Aderholt Clyburn Frost Matheson Rahall Towns the gentleman from Indiana (Mr. BUR- Akin Coble Gallegly Matsui Ramstad Turner (OH) TON) that the House suspend the rules Alexander Cole Garrett (NJ) McCarthy (MO) Rangel Turner (TX) Allen Collins Gephardt and agree to the resolution, H. Res. 402, McCarthy (NY) Regula Udall (CO) Andrews Conyers Gerlach McCollum Rehberg Udall (NM) on which the yeas and nays are or- Bachus Cooper Gibbons McCotter Renzi Upton dered. Baird Costello Gillmor McCrery Reyes Van Hollen Baker Cox Gingrey This will be a 5-minute vote. McDermott Reynolds Vela´ zquez Baldwin Cramer Gonzalez The vote was taken by electronic de- McGovern Rodriguez Visclosky Ballance Crane Goode McHugh Rogers (AL) Vitter vice, and there were—yeas 408, nays 1, Barrett (SC) Crenshaw Goodlatte McInnis Rogers (KY) Walden (OR) answered ‘‘present’’ 1, not voting 23, as Barton (TX) Crowley Gordon McIntyre Rogers (MI) Walsh Bass Cubin Goss follows: McKeon Rohrabacher Wamp Beauprez Culberson Granger McNulty Ros-Lehtinen Waters [Roll No. 149] Becerra Cummings Green (WI) Meehan Ross Watson Bell Cunningham Grijalva YEAS—408 Meek (FL) Rothman Watt Bereuter Davis (AL) Gutierrez Abercrombie Brown-Waite, Davis (IL) Mica Roybal-Allard Waxman Berkley Davis (CA) Gutknecht Ackerman Ginny Davis (TN) Michaud Royce Weiner Berman Davis (FL) Hall Aderholt Burgess Davis, Jo Ann Millender- Ruppersberger Weldon (FL) Berry Davis (IL) Harman Akin Burns Davis, Tom McDonald Rush Weldon (PA) Biggert Davis (TN) Harris Alexander Burr Deal (GA) Miller (FL) Ryan (OH) Weller Bilirakis Davis, Jo Ann Hart Allen Burton (IN) DeFazio Miller (MI) Ryan (WI) Wexler Bishop (GA) Davis, Tom Hastings (FL) Andrews Buyer DeGette Miller (NC) Ryun (KS) Whitfield Bishop (NY) Deal (GA) Hastings (WA) Bachus Calvert Delahunt Miller, Gary Sabo Wicker Bishop (UT) DeFazio Hayes Baird Camp DeLauro Mollohan Sa´ nchez, Linda Wilson (NM) Blackburn DeGette Hayworth Baker Cannon DeLay Moore T. Wolf Blumenauer Delahunt Hefley Baldwin Cantor Deutsch Moran (KS) Sanchez, Loretta Woolsey Boehlert DeLauro Herger Ballance Capito Diaz-Balart, M. Moran (VA) Sanders Wu Boehner Deutsch Hill Ballenger Capps Dicks Murphy Sandlin Wynn Bonner Diaz-Balart, L. Hinchey Bartlett (MD) Capuano Dingell Murtha Saxton Young (AK) Boozman Diaz-Balart, M. Hinojosa Barton (TX) Cardin Doggett Musgrave Schakowsky Young (FL) Boswell Dicks Hobson Bass Cardoza Doolittle Boucher Dingell Hoeffel Beauprez Carson (IN) Doyle Bradley (NH) Doggett Hoekstra NAYS—19 Becerra Carson (OK) Dreier Brady (PA) Dooley (CA) Holden Bartlett (MD) Gilchrest Sullivan Bell Case Duncan Brown (OH) Doolittle Holt Blunt Graves Tancredo Bereuter Castle Dunn Brown (SC) Doyle Honda Bonilla Hensarling Taylor (NC) Berkley Chabot Edwards Brown, Corrine Duncan Hooley (OR) Cantor Johnson, Sam Thomas Berman Chandler Ehlers Brown-Waite, Dunn Hostettler Chocola Kingston Tiberi Berry Chocola Emanuel Ginny Edwards Houghton DeLay Portman Biggert Clay Emerson Burgess Ehlers Hoyer Dreier Putnam Bilirakis Clyburn Engel Burns Emanuel Hulshof Bishop (GA) Coble English Burr Emerson Hyde NOT VOTING—19 Bishop (NY) Cole Eshoo Burton (IN) Engel Inslee Bishop (UT) Collins Etheridge Buyer English Isakson Baca Green (TX) Menendez Blackburn Conyers Evans Calvert Eshoo Israel Ballenger Greenwood Miller, George Blumenauer Cooper Everett Camp Etheridge Issa Bono Hunter Solis Blunt Costello Farr Cannon Evans Istook Boyd Jenkins Tauzin Boehlert Cox Fattah Capito Everett Jackson (IL) Brady (TX) Latham Wilson (SC) Boehner Cramer Feeney Capps Farr Jackson-Lee DeMint Lewis (KY) Bonilla Crane Filner Capuano Fattah (TX) Ford Meeks (NY) Bonner Crenshaw Flake Cardin Feeney Jefferson Boozman Crowley Foley Cardoza Ferguson John ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boswell Cubin Forbes Carson (IN) Filner Johnson (CT) Boucher Culberson Ford Carson (OK) Flake Johnson (IL) The SPEAKER pro tempore (Mr. LIN- Bradley (NH) Cummings Fossella Carter Foley Johnson, E. B. DER) (during the vote). Members are ad- Brady (PA) Cunningham Frank (MA) Case Forbes Jones (NC) Brown (OH) Davis (AL) Franks (AZ) Castle Fossella Jones (OH) vised there are 2 minutes remaining in Brown (SC) Davis (CA) Frost Chabot Frank (MA) Kanjorski this vote. Brown, Corrine Davis (FL) Gallegly

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