National Defense Authorization Act for Fiscal Year 2005

CONGRESSIONAL RECORD
SENATE
June 16, 2004
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005
AMENDMENT NO. 3386

Mr. DURBIN. Madam President, I ask at this point for consideration of amendment No. 3386.
The PRESIDING OFFICER. That amendment is pending.
Mr. DURBIN. Thank you very much, Madam President.

Madam President, I thank the chairman of the committee, Senator Warner of Virginia, and my close friend and colleague on the Democratic side, Senator CARL LEVIN of Michigan, for their support of this amendment.

I think this amendment comes at the right moment in history. All across the world, many who are our friends and those who are not question whether the United States is abandoning its time-honored commitment to oppose torture, cruel, inhuman, and degrading treatment of detainees and prisoners.

The scandal at Abu Ghraib touched the heart of every American because it sent entirely the wrong message about the values of this country. We are not a country that will look the other way when it comes to this sort of horrific treatment. This amendment is a reaffirmation of our statement as Americans that we are committed, as every administration has been going back to President Abraham Lincoln, to oppose torture and the kind of inhuman conduct and treatment that we saw at Abu Ghraib prison.

I think this amendment also makes it clear to the Department of Defense that we want them to take this seriously, to establish guidelines consistent with our Constitution, with the laws of the land, and with the treaties that have been signed by Presidents, Democrat and Republican alike. These guidelines will be clear signals for every member of the U.S. military in terms of acceptable conduct when it comes to the interrogation and treatment of detainees.

The third step in this amendment says that any violations that are noted by the Department of Defense will be reported to Congress consistent with national security. Should there be a circumstance where classified or secret information would jeopardize the security of this country, it can be reported in that context to the appropriate committee and in no way diminish the security of this Nation.

I hope this overwhelming support for this amendment at this moment in time will say to those of us across America who feel it is important to send this message, and to those listening around the world, that the United States still stands strong by its commitments to oppose torture and the cruel and inhuman and degrading treatment of prisoners and detainees.

I thank the Senator from Virginia for his cooperation in this regard. I thank the Senator from Michigan for cosponsoring this along with Senator Specter of Pennsylvania.

Madam President, I ask that the Senate, at this point, accept the amendment which I have offered.