Mr. President, I would be glad to. I am impressed by the distinguished chairman's indulgence and patience as we wander through this maze of amendments. I believe I have to ask unanimous consent to set aside the pending amendment, and I…
Mr. President, I would be glad to. I am impressed by the distinguished chairman's indulgence and patience as we wander through this maze of amendments. I believe I have to ask unanimous consent to set aside the pending amendment, and I make such a request.
Mr. President, I call up amendment No. 3312 and send a modification of that amendment to the desk.
I ask unanimous consent that reading of the amendment be dispensed with.
Mr. President, I will go through and explain what this amendment does. At the outset of my remarks, let me begin by commending the distinguished Senator from Virginia, the chairman of the Armed Services Committee, and Senator Levin of Michigan. The amendment I am raising here has been in many ways addressed by actions taken by the Armed Services Committee. I begin my comments by commending the chairman and the ranking member for the tremendous job they have done of improving what was a request by the administration in the area I am going to cover. I commend them as well for other matters but particularly on this point.
Like all of my colleagues, without regard to party or ideology, we have been concerned over the last number of months with the increasing number of reports that our men and women in uniform have had to dig deep into their own pockets to pay for their own safety equipment. Most disheartening have been the news accounts of men and women in uniform having to buy their own body armor here at home or having it bought for them by their loved ones before they deploy to Iraq and Afghanistan or while they have been on duty.
There are stories like that of SPC Bill Palifka, a member of the Connecticut National Guard's 248th Engineering Company which was stationed in the west of Baghdad last year. He learned shortly before deploying that his unit wouldn't have the interceptor vests that it needed in order to be safe in Iraq. So his mother Pene, from East Hartford, CN, went out and bought a vest for $1,100 from a private company.
These stories, unfortunately, have been all too common, as this chart shows. I brought up the news article from the New York Times, reported just 3 weeks ago, an article entitled ``Bulletproof Vests Collected To Help A Son's Unit in Iraq.'' A New Jersey couple solicited donations of body armor
from the New Jersey City police so their son could lay down protecting vests on the floor of his Humvee, currently in Iraq. I quote:
Before his unit shipped from Kuwait to Iraq in March, First
Lt. Christian Boggiano, 23, made a special appeal to his
mother, Mary, by e-mail message. Please, he asked, scrounge
around for a few old police bulletproof vests and mail them
to [me]. ``Once I get up north, we'll use them on the doors
and floors of the Humvees so that when roadside bombs go off,
they'll catch a lot of shrapnel.''
This is what the young lieutenant wrote to his parents, a 2002 graduate of West Point.
The Jersey Police Department and about 50 other police departments across New Jersey came through for Lt. Boggiano.
His unit came through in ways our Government did not.
In my mind, no U.S. soldier should have to get his mother or father to help send body armor for his missions in Iraq. But people like Mr. and Mrs. Baggiano and the good citizens associated with New Jersey police departments were driven to act. Why? Because there was a critical need to fully equip our troops. Unfortunately, Lt. Baggiano is not alone. A USA Today article recently reported on the village of Foley, AL, which held fundraisers, and eventually raised enough money to build and assemble their own protective steel armor for the Humvees of the AL National Guard's 711th Signal Battalion Charlie Company. That community should be commended. But this situation seems ludicrous to me. Our troops and their loving neighbors should not be spending their own money to make sure our soldiers can have the protection they need.
For this reason, I am introducing an amendment today that will give our troops the support they deserve. My amendment will require the Secretary of Defense to reimburse soldiers, loved ones, and nonprofit organizations who have dug deep into their own pockets to provide our troops with the equipment their Government should have provided them all along. This amendment will serve the health, safety, and protection of our soldiers, covering expenditures on items such as body armor, vehicle protection, hydration equipment, advanced combat helmets, and other gear needed to serve our troops in Iraq and Afghanistan.
Not a day goes by when we don't hear of an incident in Iraq where a so-called ``improvised explosive device'' or IED, has detonated, killing or maiming some of our brave men and women. At the outset of our post-war operations, it was reported that nearly one-quarter of American troops serving in Iraq did not have ceramic plated body armor, which can stop bullets fired from assault rifles and shrapnel. It took months and hundreds of U.S. casualties before the administration finally changed its priorities and decided to outfit all our deployed troops with the most modern interceptor body armor, and to outfit their vehicles with protective armor.
In addition, according to the Army, soldiers have been spending upward of $300 per person on equipment to outfit themselves for war. In response, the Army established the ``Rapid Fielding Initiative'' designed to outfit our soldiers with the most modern equipment available so that they do not have to spend their own money on the latest combat helmets or hydration systems. With this program, our soldiers--many of whom are less than the age of 21, making under $20,000 a year--will have the right gear for their mission, and they won't have to dig deep into their own pockets to buy their own equipment. But unfortunately, not all of our soldiers in Iraq have access to this program, because in the past, it hasn't been fully funded. That needs to be remedied, and my amendment will make sure that our troops don't have to shell out their own money to get the Camelbak hydration systems, advanced combat helmets, and proper clothing they need to do their jobs.
This chart shows what an average foot soldier is wearing in Iraq--60 pounds of body armor plus tactical equipment in the hot desert heat, heavy Kevlar vests, high-tech GPS compass gear, special frame backpacks, and other survival gear. In 120 degrees, carrying all of this equipment becomes quite burdensome, and has made special hydration systems necessary for our troops to safely survive the desert heat. Water-pack systems called Camelbaks are now being attached to soldiers' backpacks, to allow them easy access to water even while they are in patrolling the streets of Iraq. And let's be honest about this. Camelbaks are no longer a matter of convenience. If a soldier has to stop moving to take out his canteen for a sip of water, he may be a sitting duck for a sniper or insurgent fire.
Unfortunately, with a shortage of funds, the Army cannot afford to equip all its soldiers with this kind of equipment, so many soldiers are still using bulky canteens that quickly heat up in the desert sun. Most of the canteens do not have adequate capacity to carry all the water they need in Iraq's extreme heat. In other cases, soldiers are paying hundreds of dollars out of their own pocket to buy the equipment themselves, everything ranging from these Camelbaks to radios, because, in spite of the Army's stated priorities, the administration did not procure enough personal equipment for our fighting men and women. We need to do better than this.
I want to commend the Armed Services Committee for recognizing the importance of this program as well as that of critical body armor systems. I was pleased to see the Senate Armed Services Committee override the President's considerably low budget request for force protection. Under the leadership of Senators Warner and Levin, the Armed Services Committee increased the Rapid Fielding Initiative from the Bush administration's requested $57.2 million to $262 million. They also demonstrated their usual good sense and further added to the President's considerably low-budget request for personal body armor and armored vehicles. The Army told Congress the President's budget was shortchanging them by $295 million in interceptor body armor. And the Marines said they would be short $16.6 million if the Bush budget were to prevail. In spite of the President's proposals, the committee fully funded those programs.
In addition, $905 million was put toward the Stryker armored vehicles that are already proving valuable in military operations in Iraq. Almost $1.1 billion, an increase of $927 million over the President's proposed budget, was used to accelerate procurement of up-armored humvees, as well as add-on ballistic armor for medium and heavy trucks, to protect our troops on patrol in hostile environments. As a result of these provisions, critical resources will be sent to our troops to enhance their safety while in harm's way.
I applaud these efforts. I know some of my colleagues will suggest that because the committee has now funded these programs, my amendment is unnecessary. Or, as I have already been hearing, perhaps they will say that we are encouraging our troops to go out and buy new equipment since we'll just reimburse them in the end. I have the official DOD position paper with talking points opposing my amendment. I would like to address each of the issues raised, point by point.
First, DOD says, ``the amendment may not support the purchase of the proper equipment. The DOD spends millions to test and procure the needed protective, safety, and health equipment for our service members. The DOD will have no way of knowing what testing personally procured items went through or whether the equipment is effective.'' This seems to be an unreasonable argument. In spite of the millions DOD spent on testing equipment, the fact remains that they failed to outfit our soldiers with the gear they needed. The Department acknowledged as much, saying that our soldiers did not receive enough personal body armor until January of this year and will still not have adequately armored vehicles until July. In my modified amendment, we say that a soldier's company commander has the discretion to decide which protective gear would be appropriate for reimbursement. These commanders on the ground know our soldiers' needs the most. And it makes sense for them to be the ones determining what equipment the soldiers lacked when they headed over to Iraq and Afghanistan. This addresses another concern DOD seems to have that my amendment is somehow too broad--this amendment says that if and only if a soldier purchased an item that he absolutely
needed, according to the most knowledgeable soldiers in the field, he will be reimbursed for that item.
DOD's talking points also suggest that my amendment will encourage service members and their loved ones to purchase equipment on their own outside this accountability with the exception of receiving future reimbursement.'' That is absolutely misleading.
This amendment only applies to purchases made during finite periods, and by the Army's own admission they had not provided adequate supplies to our troops. This amendment only applies to purchases for personal body armor and other safety equipment that can be made only for the period between September 11, 2001, and December 31, 2003. For purchases to provide Humvee protection, claims can be made only for the period of September 11, 2001, and July 31, 2004.
We allow an exception to that if the Army decides they will have all the necessary equipment by these dates. If for some reason they are unable to do it, we do not need to come back with another amendment. It seems to me we ought to leave it up to the military people to decide. If they are not able to meet the dates, then they have authority to reimburse later. I leave that up to them to avoid any future need of talking about this issue on the floor of the Senate. We are dealing with finite periods. It is the field commanders who make the decisions.
Finally, to address the charge my amendment sets an unmanageable precedent that the DOD claims will saddle the Department of Defense with an open-ended financial burden, we also modified the amendment to set a $1,100 cap on money that can be reimbursed for purchases made on behalf of any one individual. I was going to make it $1,000. I changed it to $1,100. Candidly, a family in Connecticut paid $1,100 for the vest their child needed while in combat. So we made the cap at that level. I believe, therefore, my colleagues will find this proposal more reasonable and, most importantly, necessary. It is a finite period of time, there are individual caps on the amount that can be reimbursed, field commanders would make the decision, and any extension of time would have to come from a unilateral decision by the Department of Defense.
I think it is reasonable. If people went out, such as my constituents or in communities in New Jersey or towns in Alabama and provided additional protection for our service men and women, the very least, it seems to me, we can do is reimburse their individual soldiers, their families, or the organizations that provided that protection.
I, again, think we all understand how these things can happen. Certainly, there should have been better preparation to see to it these young men and women would have all the protection necessary, but for a variety of reasons, which we do not need to pore over, they were not. And by the Department of the Army's own admission, we were not able to provide that body armor until December 31 of last year. So there is a gap of almost 2 years where people were acquiring that equipment, and up until July of this year, the Humvee protections will not be in place.
I do not think it is asking too much during a finite period of time for a limited amount of money, where field commanders make the decisions, that we cannot say to these families: Show us the proof of what you paid for this equipment, let the field commanders decide, and if you meet those tests, then your Government is going to say you should not have to dish out money from your own pockets, particularly when we are talking about 21-year-old kids making $20,000 a year, where they may have invested $1,000 in decent vests to protect from IEDs and other attacks occurring on the dangerous streets of Iraq and Afghanistan.
I believe this is a reasonable proposal we have offered. If we fail to adopt this amendment, I believe my colleagues and I will once again be forced to answer tough questions, as we all do, when we go back and meet our returning soldiers from the Guard and Reserve and their families in our respective States.
At every meeting I have had in the State of Connecticut with families of men and women serving in Iraq, this issue has come up: Why are we not providing the protection these men deserve?
I, along with General Cugno, my National Guard commander in Connecticut, tried to address these questions of how these things happen. I told him we would make an effort to see that any costs they incurred of these items would be reimbursed. They believe that is the right thing to do. I hope my colleagues do as well.
I know money is tight this year. We are facing enormous budget deficits. Again, I commend my friends and colleagues on the Armed Services Committee. Mr. President, they have done a very good job in beefing up the numbers that otherwise come from the Department of Defense and the White House, and by adding additional resources, they have made it possible to do this.
The amendment provides Secretary of Defense discretion to determine from which accounts moneys will be sought to reimburse our soldiers. One obvious place from which these moneys could be drawn is the $2.5 billion contingency fund that was added by the Warner amendment a few days ago as part of the $25 billion supplemental for operations in Iraq and Afghanistan.
That is my argument. That is the amendment. My hope is we will be able to adopt it without much fanfare. It seems to be a reasonable request to make on behalf of our men and women in uniform.
I yield the floor.
Mr. President, if my colleague will yield, I certainly do not disagree. I do not know the numbers myself. Others may have more detailed information. We know there were some large stories--I do not have all of them here. There have been widespread reports of it.
I accept in part what my colleague has said, that it would be unnecessary for massive amounts of this kind of armor. There was an anticipation about a different reception after the military victory in Iraq. We discovered otherwise. Of course, somebody argued we should have anticipated that. Nonetheless, there was concern.
I am not prepared to make a case here that this is terribly widespread. I do not know that. I do know there were enough examples of it that I thought it warranted an issue.
I point out, again--I say this to my friend and Senator Levin as well--my colleagues have done a terrific job. There is a difference in this budget between what was sent and what the
committee is asking us to support when it comes to these issues, and the significant increase, from $57 million to $262 million for buying additional equipment, is a significant amount of money. I commend both Senators for doing that.
There were other areas where additional resources were provided by the committee that were not otherwise requested by the DOD. I applaud my colleagues for that. I do not know what the numbers reflect in terms of widespread use. The committee did a very good job, and, as I said at the outset, I commend you immensely for having recognized this issue and jumped into the void so that today it looks as though, based on assessments, by July 31 of this year the issue involving the Humvees will be addressed, and back in December of last year the issue looks as if it was addressed in terms of body armor. So we cover those periods where there apparently was a lack of resources.
I do not think the issue would have come to closure if it had not been for the Senator from Virginia, and I also say this to my colleague from Michigan. It made a significant difference, and I thank my colleagues immensely on behalf of my constituents and literally thousands of soldiers serving in dangerous places.
Mr. President, I thank my colleague, but I had hoped, if he would not object, we could ask for a rollcall vote because we will be looking to vote anyway, and this would help the conference as a whole. I know we want to move things along.
I would like to respect my friend from Virginia.
That is a reasonable request. I will ask for one and we can vitiate it later.
I ask for the yeas and nays on the Dodd amendment.
I ask unanimous consent to lay aside the pending amendment.
I call up amendment 3313 and I send a modification to the desk.
I am happy to do that.
Mr. President, I have sent the modification to the desk. I inquire, has the Chair ruled on it?
Fine.
Madam President, I ask unanimous consent that we now be allowed to debate amendment No. 3313, as modified.
Thank you, Madam President. And, again, I commend my two friends and colleagues, the chairman and ranking member of the Armed Services Committee.
Let me briefly describe what this amendment is and what we try to do.
This amendment attempts to address what I believe is a very legitimate and serious concern that has come to light in recent days with respect to the use or misuse of contractors in the treatment of detainees in Iraq.
Quite simply, this amendment would prohibit the use of contractors in the interrogation of prisoners and offensive military operations and establish certain restrictions with respect to the transfer of prisoners to contractors and foreign nations.
Let me try to explain why this is so and what the background of all this is. According to some estimates, there are as many as 20,000 contractors operating in Iraq today, many carrying out mission-critical military roles, such as security, protection, interrogation, logistics support, and paramilitary and military training.
Increasingly, U.S. contractor activities have become deeply intertwined with those of U.S. troops and Coalition Provisional Authority personnel. These activities have put them in harm's way. As we have all painfully learned, contractors are among those who have been taken hostage by insurgents in Iraq. They have also suffered terrible injuries and loss of life, the most horrific of which occurred on April 13 of this year when the bodies of four contractors were burned, mutilated, and hung from a bridge in Iraq.
Equally troubling, it looks more and more likely that contractors may have taken part in the interrogation of Iraqi prisoners and may be linked directly or indirectly to the reported abuses of those prisoners. Even today there may be still some taking part in the interrogation of prisoners.
Let me say as an aside, by the way, that I commend, again, the Armed Services Committee under the leadership of Senator Warner and Senator Levin for the very thoughtful hearings the Armed Services Committee had about this matter and the professional manner in which they went about examining these issues and doing the kind of thorough look that a standing committee of the Senate ought to make, regardless of the party in power in the White House. They have done a very good job and have been tremendously helpful to the American public.
We have all read reports and seen graphic pictures of the heinous abuses associated with the incarceration of Iraqi prisoners. Unfortunately, so has almost the entire world been witness to these photographs and the stories about what has occurred.
It does not take much of an imagination to figure out that the consequence of those abuses has been a disaster not only with respect to the U.S. policy in Iraq but also with respect to our policies throughout the greater Middle East. That is why I have included a provision in the pending amendment to prohibit the use of contractors in the interrogation of prisoners, detainees, and combatants. However, mindful that in the short term we may not have sufficient military personnel with requisite language and interrogation skills at certain critical moments, I have also included in this pending amendment Presidential authority to waive these restrictions under certain narrow constrictions: During fiscal year 2005 with respect to their use as translators, and for the first 90 days of the next fiscal year with respect to interrogations.
It should go without saying that any contractor who is employed by the United States as a translator or interrogator must be certified as highly proficient in the areas for which he or she is being employed, and such contractors must be properly supervised at all times by official U.S. military personnel. To help ensure that is the case, the amendment I am offering this afternoon would also require the President to submit a quarterly report to Congress on the use of contractors as translators and in interrogations.
I remind my colleagues that at this very moment contractors in Iraq go about their business virtually unregulated. They have been exempted from local law by CPA regulation. They are also outside the Uniform Military Code of Justice and could, therefore, avoid prosecution in a military court of law. Contractors' accountability under U.S. international law remains untested. And now the Bush administration is putting pressure on the transitional Iraqi government to grant immunity to contractors after the June 30 transfer of power. If the transitional Iraqi government succumbs to this pressure, contractors won't only have immunity from prosecution, they will likely be able to act with impunity while they participate in some of our most sensitive military intelligence operations. I think this is unacceptable and puts our troops and our mission at great risk.
The more we learn, the more it seems this whole business of hiring contractors has gotten out of control. We need to be more scrupulous-- not less--about the tasks we assign to contractors. Quite frankly, I don't think it makes much sense to have contractors performing interrogations. Apparently neither does the Army, whose policy reportedly bars contractors from military intelligence jobs such as interrogating prisoners unless there are not enough qualified people in the Army to perform those duties.
According to recent reports, the source of this policy is an Army policy memo, written in December 2000, by Patrick T. Henry, then the Army's top personnel official. In this memo he asserted that allowing private workers to gather military intelligence presented ``a risk to national security.'' That statement is anything but ambiguous. Let me quote it again. From the Army's top personnel official, it is ``a risk to national security,'' in a 2000 memo prepared by the U.S. Army.
Thomas White, the former Secretary of the Army, has also expressed his opposition to hiring contractors to question prisoners, stating in an interview ``the basic process of interrogation should be kept in- house on the Army side.''
Moreover, last week it was reported that CACI International, a contractor caught up in this controversy, was not
even under contract with the Department of Defense. Rather its activities were being managed by the U.S. Department of Interior which approved the company's hiring of interrogators utilizing a preexisting contract for computer services with that company. The particular circumstances of the CACI contract blur even further the accountability of its employees because Department of Interior contractors may not be covered by certain U.S. laws specifically enacted to cover Department of Defense contractors, such as the Military Extraterritorial Jurisdiction Act, which attempts to make U.S. Department of Defense contractors working overseas legally accountable.
How many other contractors have been employed by non-Department of Defense agencies to carry out activities in Iraq? To say we have seen some extraordinary contracting practices in the case of Iraq is an understatement. I would hope these practices are not being employed to circumvent the requirements of the Geneva Conventions or other international U.S. laws, because if you are doing this as a matter of policy, I am deeply concerned that we will be inviting other nations to do the same to the detriment of the safety of American military and civilian personnel around the globe.
Indeed, according to the comprehensive report of MG Antonio Taguba, contractors employed in Iraq participated in prisoner interrogations with minimal supervision. And I quote him:
They allegedly on occasion even provided direction to U.S.
military police.
The words ``minimal supervision'' are not mine. They were part of a job posting for the interrogator international analyst team lead assistant which is listed on the contract at CACI International's Web site.
I have reproduced an excerpt from the job posting as it was reprinted in the Washington Post on May 10 on the poster behind me. It reads:
Description: Assists the interrogation support program team
. . . to increase the effectiveness of dealing with
detainees, persons of interest and prisoners of war (POWs)
that are in the custody of the U.S./Coalition forces . . . in
terms of screening, interrogation, and debriefing of persons
of intelligence value. Under minimal supervision, will assist
. . .
The key words are ``under minimal supervision.'' The new posting now reads ``under minimal CACI supervision,'' the name of the international company.
This isn't all. A former CACI interrogator was quoted on May 13 in the Washington Post as saying:
Civilian interrogators were often free to conduct
interrogations as they best saw fit.
And General Taguba reportedly recommended to one employee of CACI that he be ``fired, reprimanded, and denied his security clearances for giving instructions to Army policemen that he clearly knew equated to physical abuse.''
Indeed, this lack of supervision may have been the rule rather than the exception in the Abu Ghraib prison. More importantly, with the fate of our mission in Iraq and our international reputation at stake, the American people deserve to know why civilian contractors were participating in these interrogations in the first place.
This Senator--and I am sure many of my colleagues would agree--does not think private contractors have any place in such highly sensitive military operations. That is not only because of these human rights abuses or potential violations of U.S. international law, it is because they have exponentially increased the danger level for more than 135,000 honorable and dedicated U.S. troops currently risking their lives in Iraq. We owe it to all those brave men and women who now face a far more difficult task in winning the hearts and minds of Iraqis or setting the stage for the successful handover of sovereignty to Iraqi officials less than 15 days from now.
My amendment also addresses the related issue of the transfer of prisoners in U.S. custody. It would not only prohibit the U.S. Department of Defense from transferring prisoners into a contractor's custody, but it would also require the Secretary of Defense to keep a written record of prisoner transfers from DOD custody to foreign nations.
Why is this provision necessary? Because according to published reports, interrogation strategies reportedly included sending detainees to third countries where in some cases, according to the New York Times, they are convinced they might be executed.
A set of post-9/11 legal memoranda prepared by the U.S. Government even suggested ``if U.S. Government officials are contemplating procedures that may put them in violation of American statutes that prohibit torture, degrading treatment, or the Geneva Conventions, they will not be held responsible if it can be argued that the detainees are formally in the custody of another nation.''
There may be instances when the transfer of prisoners to third countries would serve our interests. My amendment does not prohibit that from happening. But at the very least, records of transfers should be kept to ensure that the transfer of prisoners to countries with poor human rights records is not used to circumvent U.S. and international law. My amendment would mandate that such records be kept.
Finally, this amendment would also prohibit contractors from participating in most combat operations except in cases of self- defense, and it would prevent U.S. moneys from being used to pay contractors for those purposes. I understand our stated U.S. policy does not permit U.S. contractors in combat. The chaos on the ground has created a climate where, for the most part, these individuals operate with little or no oversight. Without specific language in statute which clearly spells out what are and are not permissible contractor activities, there will always exist the danger that circumstances will draw private citizens into armed conflict.
I would hope my colleagues would support codifying into law what the administration has said is its policy with respect to the use of private contractors in combat situations.
Madam President, I will briefly sum up what I am trying to accomplish with the pending amendment. First, I propose to restrict the use of contractors in prisoner interrogations. I point out that we provide for a little leeway here that would allow, during fiscal 2005, for a little time to be used, because we may not have the people at hand who can do translations, or perform interrogations, so we provide leeway to build this up. We would prohibit such individuals from being employed in prisoner interrogations.
Second, we would prohibit such individuals from being employed in offensive combat missions.
Finally, I would keep private contractors out of the prisoner contracting business.
I commend Senators Warner and Levin for their willingness to address some of the issues I have touched on in this amendment in the last few weeks. This is so we in the Congress ``get it,'' so to speak, and we are ready to begin repairing the damage caused by these problems which, in some cases, continue to endanger our efforts in Iraq and throughout the globe.
I believe the amendment is a reasonable and measured response to the challenges we face. I urge my colleagues to support the efforts embodied in this proposal.
I yield the floor.
Let me respond, if I may. It is an anticipated argument. We have similar provisions applying in certain categories under the United States Code here, 10 U.S.C. Section 113, Notice to Congress of Proposed Changes in Combat Assignments to Which Female Members May be Assigned; and also in Public Law 103-160.
I ask unanimous consent to have both of these provisions of the United States Code printed in the Record.
In Public Law 103-160, it says:
(4) For purpose of this subsection, the term ``ground
combat exclusion policy'' means the military personnel
policies of the Department of Defense and the military
departments, is in effect on January 1, 1993, by which female
members of the Armed Forces are restricted from assignment to
units and positions whose mission requires routine engagement
and direct combat on the ground.
So there is a precedent here, and I am using this as an example of that same language. First, it would come under defending themselves to a certain point. The idea we are trying to get at is to have these personnel not become directly involved in combat.
I am happy to do that. My intention is, obviously, not to try to chart new areas of law.
We will talk with staff to see if we might make the language tighter.
If I may respond, it is not an illegitimate concern in talking about personnel. We have all seen what could happen when you have people operating who are unregulated. In some cases, contractors have worked out of the Department of the Interior, so there is no supervision by the DOD. We are asking these people, unregulated, with no clear lines of authority, to do these things, and we have seen what happens when that occurs. It appears this is getting out of hand by private contractors.
In the area of intelligence gathering, dealing with sensitive matters--sensitive to the issue of having enough personnel on the ground to do these things--I am far more worried about the fact of rogue elements being able to cause us tremendous harm.
I think all would admit certainly that the result of what happened in Abu Ghraib prison and what the world knows today has been tremendously harmful to the United States and potentially to our men and women in uniform who may be subjected to interrogations. We know we are going to see the answers raised by others.
I provided in the amendment some leeway to allow for a period of time so it would not be required to have an immediate requirement that all of these individuals be replaced on the adoption of this particular law but allow for some leeway.
Madam President, if the Senator will go to page 2 of the amendment, the very bottom line, 25, section (b), the President may also waive the prohibition in paragraph 1 with respect to the use of contractors. Otherwise provided by that paragraph during the 90-day period--going on page 3--beginning on the date of enactment of this act, but any such waiver shall cease to be effective on the last day of such period.
There is also an earlier provision in regard to translator services regarding additional time.
I am quoting from the bill. With regard to 1(a) on page 2-- and you go to page 2 of the amendment--
Then go to line 10. It talks about interrogation of prisoners, detainees, and the like. Paragraph (b), and then it goes, on line 17, during fiscal year 2005 the President may waive prohibition in paragraph 1 with respect to contractors and provide translator services under paragraph (a), if the President determines no United States military personnel or appropriate language skills are available.
Go on down to line 25, page 2, section (b): The President may also waive the prohibition in paragraph 1(a) with respect to the use of any contractors. I am reading on page 3.
I have modified it, yes.
On page 2 of the amendment, go down and begin on line 10, and I believe that is section (a). It talks about the interrogation of prisoners, what would not be allowed. Then paragraph (a) and paragraph (b). Then on line 17, 2(a), it says: During fiscal year 2005, the President may waive the prohibition in paragraph 1 with respect to the use of contractors to provide translator services under paragraph (a) of that paragraph.
Without reading the rest of that language, going to line 25, subparagraph (b) on page 2: The President may also waive the prohibition in paragraph 1(a) with respect to use of contractors--page 3 now--otherwise prohibited by that paragraph during the 90-day period beginning on the date of the enactment of this act.
Senator Levin raised this question, and we discussed it. It is a legitimate point. We do not expect for this to happen overnight. It would be unreasonable.
The point I want to make generically, because I think my colleague raises a very legitimate issue, is that the war on terror is not going to be over tomorrow, and it seems to me we better get the expertise in these areas. They are going to be an integral part of our Government service to have this talent, this ability. It is a new age we have entered, and we have to be prepared to address it.
I am deeply worried about having these unregulated, uncontrolled contractors, many of which are operating with agencies that are not even under the Department of Defense in a theater of conflict where the ability to control, regulate, and supervise may be going out the window.
As I say, I was stunned to read about the Department of the Interior. What is the Department of the Interior doing and what authority does the Department of Defense have over contractors hired by the Department of the Interior operating in a prison environment in Baghdad? That worries me. If they are not trained, who are these people gathering intelligence? How much reliance can we have?
I realize we are in tough shape with personnel, but my point is the sooner we start developing the in-house capabilities--I recall reading after 9/11 that we actually ran advertisements in local papers for people who could speak Arabic for jobs in the State Department. This is a terrible revelation that we do not have people capable of doing this skill.
I am worried that if we continue to rely on a very loose operation-- we found out what happens, and we have suffered terribly as a result of these abuses that occurred.
I do not know to the extent and, obviously, others are looking into the details of it now, but certainly we know now there were a number of private contractors basically unsupervised operating in their own world and may have been directed by our military personnel under certain circumstances.
I am sensitive to the concerns raised by the chairman who, by the way--and I will state it again. The hearings that the chairman and the ranking member have held on this issue have been tremendously worthwhile, and I commend them immensely for what they are doing. If there are ways in which this amendment can be modified to address the not illegitimate concerns about how do you transition from a present situation into one we can build, then I am interested in how we do that.
I am not interested in having an amendment and having a vote, allowing it to come out one way or the other. I think it is a critically important issue. We have at least 20,000 people operating as independent contractors in a very important theater, and we are going to face more situations not unlike this in the coming years.
It seems to me we better start addressing this pretty quickly, and this amendment is an effort to do that.
As I said, the idea is it is one thing for them to be in a capacity to provide protection and certainly take steps for self- defense. I am trying to draw a distinction of engaging in offensive combat missions because there is some concern they have been involved in that level of activity.
Again, I hope the language used in existing law that draws a distinction between ground activity, combat activity, and noncombat activity, defensive activity, would be clear enough. Again, I am happy to spell out that language more clearly. I am just trying to avoid a situation where, again, people who are untrained, unregulated, and unsupervised can get us into a lot of difficulty in a very sensitive area.
Madam President, let me put this in the Record, if I may, for my colleagues. Under Public Law 107-306, November 27, 2002, subsection (e), ``Limitation on Participation of United States Personnel'':
No United States Armed Forces personnel or United States
civilian contractor employed by the United States will
participate in any combat operation in connection with
assistance made available under this section, except for the
purpose of acting in self defense or rescuing any United
States citizen to include United States Armed Forces
personnel, United States civilian employees, and civilian
contractors employed by the United States.
I am not creating new law. That is a public law that is on the books. So I say to my colleagues, I do not believe we are going off in an area that would be unwarranted.
I ask unanimous consent that a copy of this Public Law 107-306 dated November 27, 2002 be printed in the Record.
It is Title V, the Department of Defense Intelligence Activities. That is the section, subsection e, of that title V.
I have no difficulty with----
I always appreciate the advice and counsel of the chairman of the committee so I will take a look and see if there is some common language that might meet those concerns.
I presume others would want to lay it aside when other amendments are being considered. I do not object to that.
Let's take 1 minute prior to the vote.
It was modified to 2 minutes, equally divided.
OK. Two minutes to each side.
If my colleague will yield, just going over this--and I certainly have no difficulty at all trying to clear up, if we can, the section 1(b) issue that my colleague from Virginia has raised. To the best of my knowledge at this point, we will explore it further, but my examination shows dealing with interrogation is a directive. It's not a law. It has been a policy, and the policy allowed for exceptions to be made when there were not enough personnel or whatever else to deal with it.
That is what has happened here. This is a policy that has been around for about 4 years--maybe a little earlier, maybe 1998, certainly no later than 2000. As such, it lacks codification in any sense at all, and it has been adhered to in the breach more than in the letter of it. That is how I understand this. I know of no Army regulations dealing with this issue, other than a general policy direction.
It seemed to me on this particular point, the codification of our feelings about this, if a majority of my colleagues in the other body agree, should be put in place. We are going to be faced with more of this in the years ahead. I think some very clear direction for the U.S. Congress on how interrogations ought to be conducted and who conducts them, under what authority, what supervision, what regulation, is absolutely essential.
That is the heart of the amendment. The combat function was really just a throwaway because it was existing law, as I understood it. But I am prepared to be corrected if that is not the case. I was reading from existing statutes regarding contractors and use in combat situations, under what parameters they are allowed to operate, sort of tracking that as to be included here. But I am prepared to stand corrected if that is not the case.
Certainly.
I thank my colleague from Michigan for his comments. I totally agree with him. I thank my colleague from Virginia as well for his counsel.
I ask unanimous consent this amendment be laid aside unless my colleague wants to address it any further, and then we will do some work to see if we can't resolve some of these issues before we move on.
Mr. President, first of all, I thank my colleagues on the Armed Services Committee, the chairman, Senator Warner, and Senator Levin. I do not want to speak for the majority, but based on what Senator Warner said earlier, I believe he may be supportive of the amendment. If that is the case, I welcome that.
Very briefly, the amendment is designed to provide reimbursement dollars for expenditures incurred by people in the military, their family members, or nonprofit organizations that have purchased body armor, additional protection for our men and women serving in Afghanistan and Iraq.
There are limitations. There is a time-definite period during which those acquisitions had to occur. The acquisitions must be approved by field commanders rather than just the individuals. There is a dollar- amount limitation of $1,100 on any purchase.
I do not know how widespread this is. I have commended the Armed Services Committee for substantially increasing the President's request of some $57 million to $262 million in this area, which I believe is going to tremendously assist in seeing to it that our men and women in uniform have whatever they need to allow them to perform their very difficult functions in two very different and difficult theaters.
Certainly, having loved ones acquire this equipment is unacceptable to all of us. This amendment is designed to make whole those who have incurred the costs. Again, I am grateful to the Armed Services Committee for what I assume is an indication of some support of the amendment.
Mr. President, I have no information to argue with the conclusions of the chairman of the committee. My hope would be that is exactly the case. There are only a few isolated cases. If there are more, we will discover that. But on the basis of what we know thus far, there was a case in Connecticut, a serious one in Alabama, one in New Jersey. There
have been others. Even if there are a few, they are a few too many. In this case, we will provide some compensation for them as a result of those acquisitions.