Mr. President, I ask unanimous consent that the pending amendment be set aside. Mr. President, I send to the desk an amendment, and I ask for its immediate consideration. Mr. President, I thank the…
Mr. President, I ask unanimous consent that the pending amendment be set aside.
Mr. President, I send to the desk an amendment, and I ask for its immediate consideration.
Mr. President, I thank the clerk for reading my amendment. I had it read because it is such common sense. I think if you went out on the street and you asked any American: Do you think there are people serving in the military who, within the last 5 years, were convicted of aggravated assault with a deadly weapon or a sex crime or a hate crime or making a terrorist threat that was a phony terrorist threat? They would say: Oh, no; no one like that would be let in, not if they did something like that within the last 5 years.
That is what leads me to this commonsense amendment. It is hard for me to believe I have to fight for this. This amendment may not pass, which is stunning to me when I think of how clear the issue is.
I guess I would ask a mom or a dad who has a son or a daughter over there, would they want their child in a foxhole with someone who was convicted twice of assault with a deadly weapon. Do you want someone in a foxhole with your son or daughter who was convicted of a sex crime? I think they would say no.
So here is where we are. In recent years, the U.S. Army in particular has dramatically increased the number of waivers it grants for admission into its ranks of those convicted of a felony. Now, let me be clear. It is against the rules to allow anyone to come into the military who has a felony conviction. However, there is a loophole which says waivers can be granted in certain circumstances.
Now, I totally understand. For example, let's say as a young man or woman some potential recruit tried drugs because it was the thing in his school. He did it, but he regrets it and is over it. He was convicted, but he has promised never to use drugs again. OK, give someone a chance. That is the American way. Give someone a chance. But for these particular felonies, which I will outline again and explain what they are, I think if someone has been found guilty within the last 5 years, it is an open-and-shut case.
Now, I understand the Army is under incredible strain right now and is facing a difficult recruitment environment. I realize there may be times that they are going to ask for these waivers. I know they do it for health reasons and other things, but there is a point at which it goes too far; that is, the point at which it is dangerous. When you hear about the increase in felony recruitment, you will agree it is alarming. Rather than strengthening our military, it weakens our military.
Listen to these numbers: In 2004, the Army granted 360 waivers to recruits with felonies on their records. In 2005, the number grew to 571. And in 2006, the number grew to 901. The 901 figure is a 59- percent increase over the 2005 number, and a 150-percent increase over the 2004 figure. So I believe the spirit of the law that allows these waivers is being violated. Nobody thought that it would reach these proportions.
Again, I think people deserve a second chance in this country if they have served their time and they are rehabilitated. That is why I have in this amendment a 5-year cooling off period so we know that they have been clean for 5 years of these types of crimes. But the Army should not drastically lower its standards because it cannot find enough recruits, and it should not seek out individuals who have had disturbing personal histories involving violence.
I just read in the newspaper the other day that the military is going to these criminals if they are undergoing rehab. They go right there. Army recruiters actually attended a job fair for ex-convicts in Houston in August of 2006. Many experts believe this is leading to a spike in gang activity in the military. Listen to this FBI report: ``Gang related activity in the U.S. military is increasing.'' This is a direct quote. ``Members of nearly every major street gang have been identified on both domestic and international military installations.'' According to this report, these members can ``disrupt good order and discipline'' while in the military.
Here is the alarming part, and this is the FBI--the Federal Bureau of Investigation--speaking, not Senator Barbara Boxer or any other Senator. Upon discharge, ``they may employ their military training against law enforcement officials and rival gang members and such military training could ultimately result in a more organized, sophisticated and deadly gang as well as an increase in deadly assaults on law enforcement officials.'' The FBI is saying that an abuse of these waivers is leading to a more dangerous America, more dangerous for law enforcement--more gangs.
This is not what our country needs. It is not what our wonderful brave men and women in uniform need right now. They have enough problems to deal with in Iraq. They are in the middle of a civil war. This President has no plan to get them out. While the military says there is no military solution, this President is doing nothing about a long-term solution. We find our young men and women in harm's way in the middle of a civil war in a mission that has changed about five or six times, and now they have to worry that they are serving next to someone who has been convicted of aggravated assault with a deadly weapon, arson, terrorist threatening, or sexual misconduct--imagine, with all they have to worry about.
I am going to share with my colleagues a chart that I do not believe has ever been made public before. This is the list of all the different felony waivers that have been granted--adult, juvenile, and the total. Look at this list of waivers that has been granted. I am going to go through, for my colleagues and for the American people to see, what crimes have been committed by recruits.
I mentioned the top two and aggravated assault with a deadly weapon, then arson, attempt to commit a felony, breaking and entering, burglary with burglary tools, a bad check worth less than $500, embezzlement, forgery, hate crime, larceny, narcotics, negligent vehicular homicide, riot, robbery, sexual misconduct, stolen property knowingly received, terrorist threatening, unauthorized use of a motor vehicle, criminal libel, illegal or fraudulent use of a credit card--$500 or more-- perjury or subornation of perjury, car theft, mail--abstracting, destroying--indecent acts with a minor, manslaughter, kidnaping or abducting a child. Kidnaping or abducting a child? We took in three recruits.
What I have attempted to do is pick out the ones I believe would be an open-and-shut case here of where we would not want someone recruited into the military who has been convicted of these particular crimes: aggravated assault with a deadly weapon, arson, hate crime, sexual misconduct, or terrorist threatening. There were 13 of those.
I want to protect our men and women in uniform. I have deep respect for them. In my State, we have lost more than any other State--23 percent those killed in Iraq have been from or based in my State. I want the men and women from my State and every other State to feel comfortable that their buddies will truly be their buddies and that they share the same values of right and wrong. I want to keep it that way.
Larry Korb, who served as Assistant Secretary of Defense under Ronald Reagan, said, ``The more of those people you take the more problems you are going to have and the less effective they are going to be.'' This is Larry Korb, who served as Assistant Secretary of Defense under President Reagan: ``The more of those people you take the more problems you are going to have.''
GEN Barry McCaffrey, who commanded U.S. forces during the gulf war, said, ``By and large these are flawed recruits. Those getting waivers won't be sergeants.'' General McCaffrey pointed to the lessons of postwar Vietnam. ``It took us a decade to take a fractured Army and turn it around. We don't have 3 years this time.'' That is Barry McCaffrey.
Retired LTG William Odom, who was the Army's chief intelligence officer from 1981 to 1985, has called the increase in waivers ``disturbing.'' The Army's chief of intelligence for 4 years called the increase in waivers ``disturbing.''
The last thing our servicemembers need to worry about is whether there are violent felons in their ranks. It sets back the quality of our forces. It can severely set back our mission.
I would like to share one particular story about lowering standards. I think we are all very familiar with the story of PVT Steven Green. As you will remember, Private Green is the soldier charged with the deaths of an Iraqi family of four. According to the reports, Private Green went to the home of an Iraqi family with three other soldiers. He ended up raping the 14-year-old daughter before killing her and setting her body on fire. He is also alleged to have killed the other family members. This turned into an international news story that once again brought negative attention to our country, infuriating Iraqis and making the lives of our troops that much more difficult.
Private Green was admitted to the Army after being given a waiver. In the case of Private Green, it was a waiver for a misdemeanor offense, and I am not even stopping that with my amendment. I am not even stopping that with my amendment. I am going to the most egregious crimes. That story illustrates the potential consequences of going down a path where standards are dramatically lowered.
Let me spell out specifically how my amendment addresses the issue. The amendment simply says the military cannot offer a waiver for enlistment to the Armed Forces to individuals convicted of these felonies: aggravated assault with a deadly weapon, arson, hate crime, sexual misconduct, or terrorist threatening. They cannot get a waiver if they have committed any of these and they were convicted of it in the last 5 years.
If someone stands up and says: Give people a second chance, then they have not read my amendment because we are giving people a second chance. We are saying: If you are clean for 5 years, OK. And we are not even touching all these other waivers--unauthorized use of a motor vehicle, car theft, even indecent acts with a minor. I will tell you, if I had my way, I would put that one on--and kidnaping--but I just picked five.
So we provide for a cooling-off period, and we believe that cooling- off period--5 years clean--will give the military some information that people are, in fact, on the straight and narrow path.
Unfortunately, we do not see the global challenges we face going away. We need our men and women in uniform not only to be soldiers but to be ambassadors to the world. They are the best we have. This amendment helps to ensure we have the right men and women to do that job. I hope we will get support for this amendment. I say to my colleagues who vote against this amendment, the only message you are sending to the people who are serving honorably is: You know what, we are so desperate, we are willing to put you at risk.
Again, I ask a rhetorical question: How would you feel if your son or daughter or grandson or granddaughter wound up in an awful situation with someone who had committed and was convicted of aggravated assault with a deadly weapon?
There is one more thing I would like to do before I yield the floor, and that is to describe these felonies, how they are defined.
Arson, generally, is the malicious burning of another's dwelling. It can be intentional or a fire set with reckless disregard of obvious risks, in some States. Seven waivers were granted for arson.
Aggravated assault with a deadly weapon is the intentional creation of reasonable fear of imminent bodily harm by use a deadly weapon. An example would be pointing a gun at someone, pointing a knife, swinging a baseball bat, threatening violence or harm with a weapon in a manner to create a reasonable fear of imminent bodily harm--40 waivers for that.
Terrorist threatening: intentionally making false statements regarding a weapon of mass destruction such as placement on a government or school property--essentially placing a fake WMD on government property without permission; threatening to cause death or serious injury for the purpose of terrorizing others, their property, school, or teachers; a false statement that could cause dangerous evacuation from buildings or airports. It could be bomb threats, threats of poison-laced letters, or threats of mass shootings at school. Waivers granted there.
Hate crimes. Most of the States penalize crimes of violence or intimidation based on race, color, religion, national origin, and when we are looking at our military we are looking at the face of diversity, and someone who has been convicted of a hate crime within the last 5 years--I think they need to think about what this country stands for and how it is based on equality for all before they are taken into the military.
Sexual misconduct. Rape, sexual assault, forcible sodomy, sodomy of a minor--those are nonwaiver, but the category that is waiverable is solicitation of sex, indecent exposure, illegal possession of pornography.
So these are crimes which I think simply are too much to ask our men and women in uniform to deal with in new recruits.
I would point out something else. Because the Army has been so desperate to get new recruits, they are paying tens of thousands of dollars, and now we have a situation where these convicted felons are getting this money, to boot. It may not be that many people--maybe we are talking about 100. Overall, it has been 90+. We are making a point here that our men and women in uniform deserve better protection than this. We fight so hard, and we must fight to get them the bulletproof vests, to get them the up-armored HMMWVs
to protect them from IEDs, from all the horrors they face. Yet we allow into the military--indeed, we pay bonuses to get into the military-- people who have been convicted of very serious crimes. It is not fair, it is not right, it is not just, and I hope there will be strong support for this amendment.
I yield the floor.
Mr. President, I ask for the yeas and nays.
OK. We will ask for that later.
Madam President, I note the Senator is waiting to be heard. I will be brief, but I do want to respond.
I so appreciate the fact that Senator Inouye spoke to our colleagues on the Armed Services Committee. But I do think we need to use our own brains and our own common sense. I do think when I look in the eyes of parents who are sending their kids into the military, they need to know, they need to know that in addition to the dangers of this war, in addition to the danger of being thrust into the middle of a civil war, they should not have to deal with the danger of a convicted felon who has used a gun and put that gun against somebody's head within the past 5 years.
We all know that the committees are very close to the military. I understand that. But is not there a time for us to stand up and show a little spunk and spine here and state the obvious, that although we all support waivers, because there are certain cases where a waiver may make sense, there is such a thing as an abuse of a waiver. If you look at the numbers and see we are up to almost 1,000 of these waivers, things are getting out of control.
Now, I know that both the Armed Services Committee, the authorizers and the Appropriations Committee, which are very powerful committees, do not like this amendment. They want me to go away. They have offered now twice, the authorizing and appropriations: Will you not take a study and go away?
Yes, I want to have a study. But, no, I do not think we should walk away from this. This is a commonsense amendment. This takes five of the whole list of crimes--and I will repeat what they are: arson, aggravated assault with a deadly weapon, sexual crimes, hate crimes, and making a terrorist threat.
I think for this year, do not pay bonuses to these people who have been convicted of these crimes for the last 5 years and do not take them into the military. That would send a signal to the military that they need to do their own study. It is stunning to me that we would have to have a study about this--the DoD does not even want to study this thing. They just want to meet the recruitment goal.
We all want them to meet their recruitment goals, but if it means putting someone, a dangerous criminal, next to one of my men and women in uniform, no thank you. It is tough enough to survive Iraq. We have worked with veterans on this amendment so we have gotten it to the point where, yes, we give people a chance to turn over a new leaf.
I am disappointed that Senators Inouye and Stevens do not support this amendment, but I am not surprised. I am going to keep talking about this issue because this status quo is not good for our troops.
I yield the floor
Will the Senator yield for a unanimous consent request?
Madam President, I have sent a modification of my amendment to the desk.
I thank the Senator.
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, I understand I have 2\1/2\ minutes, followed by Senators Inouye and Stevens, and then there will be a motion to table my amendment. I hope to convince colleagues who may be listening to this debate to vote no on the motion to table.
I think this amendment deserves to be heard. It doesn't deserve to be shut down. The amendment is my modified amendment, which I sent to the desk. It basically says there can be no more waivers granted for folks who want to join the military who have been convicted of aggravated assault with a deadly weapon, arson, a hate crime, sexual misconduct, threatening a terror attack, kidnapping or abducting a child, or indecent acts with a minor.
If we can show you this chart, right now, it is against the military policy to allow any of the people into the military who have been convicted of a felony. But there is a waiver process. What has happened is--and we all agree that there are occasions when there ought to be a waiver now and then--we have seen an alarming increase in these waivers because the Army, in particular, is having a hard time meeting its recruitment goals. We see in 2004 that the Army granted 3 of the 60 waivers to recruits who had felonies on their record. In 2005, they granted 571. In 2006, they granted 901 waivers. That is a 59-percent increase over the 2005 number. It is a 150-percent increase over the 2004 figure.
So what we have seen is an alarming increase in the number of waivers. What my amendment simply says is: Enough of this for seven felonies. Again, the seven felonies are aggravated assault with a deadly weapon, which is someone who has been convicted, perhaps, of putting a gun to someone's head and threatening them with bodily harm; arson, someone who obviously has started a fire and put other people's lives in danger; hate crimes, and we discussed that at length. As a matter of fact, we have a fine amendment that Senator Kennedy offered and that is now on the Defense authorization bill, which would say that people have a right to be free of hate crimes because of the fact that they may be different than the next person. Here you send people like this into the military, and this is one of the most diverse institutions we have.
In conclusion, we are saying, please, don't table this amendment. The others are sexual misconduct, terrorist threatening, indecent acts with a minor, and kidnapping or indecent acts with a child. You don't want somebody like that next to your son or daughter who is serving honorably in the military.
I hope you vote no on the motion to table. I yield the floor.