Mr. President, I ask unanimous consent that I may speak as in morning business. Mr. President, I wish to address my colleagues with regard to the pictures of prisoner abuse in Iraq which will be sent up by the Department of Defense and…
Mr. President, I ask unanimous consent that I may speak as in morning business.
Mr. President, I wish to address my colleagues with regard to the pictures of prisoner abuse in Iraq which will be sent up by the Department of Defense and will be available for all Members to review in room S-407 in 45 minutes.
Bottom line, I urge all Senators to avail themselves of the opportunity to examine this body of evidence. While I have not seen it specifically, it has been described to me. It is, in my judgment, another distasteful, nevertheless factual, part of this tragic incident regarding the allegations and the facts that document abuse by uniformed people of the U.S. Armed Forces against Iraqi prisoners. At 2 p.m., I urge your attendance.
I thank the leadership for their assistance in this matter. Yesterday, I contacted Senator Frist and suggested that he and I and Senator Daschle and Senator Levin sit down and make the arrangements regarding these photos, and those arrangements were concluded late yesterday. The pictures will be brought up. They will remain in the custody at all times of the Department of Defense, and then they will be returned to the Department at the conclusion of our meeting.
Speaking just for myself, my guidelines as I look at these pictures are how I am obligated to address my constituents and indeed share my views with colleagues. These are the guideposts I will follow. First, at the hearing of the Armed Services--the first hearing on May 7--with Secretary Rumsfeld and the Chairman of the Joint Chiefs, as chairman, I was privileged to ask the first question. This is my question to General Myers:
I would anticipate that you have consulted with your
colleagues, not only the Joint Chiefs, but particularly in
Central Command, and you are making, or have made, or will
continue to make an assessment of the possible increase in
risk to the men and women of the Armed Forces, the personal
increase in risk to them, and indeed their colleagues in the
coalition forces, regarding the release of these photos, and
this story continues to reflect very deeply on the thinking
and actions of other people.
We learned yesterday of the tragic event of the Berg family having lost that individual. You not only have to consider men and women in uniform, but that brave bunch of contractors who are taking a certain amount of risk to help rebuild the infrastructure in Iraq and to assist the men and women in the Armed Forces in carrying out their missions.
General Myers replied very clearly:
Absolutely, we will. And we should not underestimate that
impact.
Further, he said:
I think we have a lot of troops in Iraq right now, after
talking to General Smith and others, that are probably
walking with--I mean, they're involved in combat, but they're
walking with their head just a bit lower right now because
they have to bear the brunt of what their colleagues up in
Abu Ghraib did.
That is straight talk. We have had good, straight talk from the Secretary of Defense and all the witnesses in the course of our hearings. I commend the Department of Defense, from the President on down, for the manner in which they are dealing with this situation. That is my principal statement.
Second, we are a nation which operates on the rule of law. The Department of the Army and the Department of Defense are bringing accountability to those who allegedly have perpetrated these situations. That trial process must go forward in such a way that the release of these photos does not adversely impact or jeopardize their rights. It is for that reason that I
simply say to my colleagues that I think we have to be extremely cautious as we finish our work this afternoon, and then fulfill our obligation, in verbalizing--the pictures cannot be copied--our own interpretations and meaning of these photos, so as not to incite anger, in any way further, against our forces or others working in the cause of freedom. That is my view.
Further, I think caution should be used so as not to jeopardize under the Uniform Code of Military Justice and such other laws--and others may be brought to bear in accountability--in any way to jeopardize those trials. This Nation is a nation of laws. We are a strong democracy.
Secretary Rumsfeld, in his opening remarks, said:
Mr. Chairman, I know you join me today in saying to the
world, judge us by our actions, watch how Americans, watch
how a democracy deals with wrongdoing and with scandal and
the pain of acknowledging and correcting our mistakes and our
own weaknesses. And then, after they have seen America in
action, then ask those who teach resentment and hatred of
America if our behavior doesn't give lie to the falsehood and
the slander they speak about our people and about our way of
life . . . Ask them if the willingness of Americans to
acknowledge their own failures before humanity doesn't light
the world as surely as the great ideas and beliefs that made
this nation a beacon of hope and liberty for all who strive
to be free.
The strength of America will be brought to bear as we address these problems in our military and go about handling this situation under the rule of law and holding those accountable. That shows the strength of a democracy. I think that is very important.
There is a Privacy Act which, in the minds of some lawyers, protects these pictures in a certain way from public disclosure.
So I simply counsel Senators--to the extent the executive branch has a responsibility to deal with future distribution of these pictures--to err on the side of caution. I think it would not be wise at this time to publish them. I believe the time to publish such photos should be during the course of the trials when the prosecution has a right to bring out certain photographs, the defense has a right to go and bring out other photographs, so you will have a balance of interests as to the photographs that are made public. Those trials will be public. At that time, no one could accuse the United States, for whatever reason, having released these photos earlier, of either jeopardizing the trial or trying to influence public opinion. Those procedures would be in accordance with the procedures of the Uniform Code of Military Justice.
Sadness, I know, fills the heart of all Americans regarding this episode in the otherwise very proud history of our military. Going back more than 200 years in our Republic, and looking forward, today 99.99 percent of the men and women in uniform are carrying out their missions in accordance with our finest traditions. They are going into harm's way, taking risks, and performing their missions. We must think of them. That is very much on my mind, and I hope it is in the minds of others as we look at this.
The Berg case has a specific reference to that heinous crime being committed to avenge the treatment of the prisoners in that prison. That is why I think further release at this time of these photographs, indeed, would put on another layer, but basically I don't think it will contribute materially to a further understanding of this tragic problem, to the extent that it overrides the other concerns of the safety of our forces, the safety of the civilian backup infrastructure, and the need for these trials to go forward in such a manner that no one can contest the integrity of the Department of Defense and the Army as they proceed to address this and hold those responsible accountable.
Mr. President, I suggest that the release of this material, which is not before the Senate--I repeat, we do not have custody of the photos-- be considered by the executive branch--and perhaps wiser minds than I have a different perspective, but in the end, I counsel all caution as we verbalize our own views and understanding of these pictures, and as the executive branch moves forward with a decision regarding release.
I yield the floor.
Mrs. CLINTON. Mr. President, I rise today in support of the Harkin- Hagel Amendment which will meet the funding promises in the Individuals with Disabilities in Education Act, IDEA.
Almost three decades ago when Congress passed IDEA, this legislative body understood the additional costs that would be associated with providing an appropriate education to children with disabilities. Congress agreed back then that this fiscal responsibility should not fall entirely on the States and local communities. It decided the Federal Government would pick up at least 40 percent of the total cost of educating these children.
This promise was made nearly 30 years ago. Yet Congress has never fulfilled it. The Harkin-Hagel amendment, which has strong bipartisan support, will right this wrong by ensuring the Federal Government provides its fair share of the cost to educate all children with disabilities. That is why I am proud to cosponsor it.
The funds provided by this amendment will ensure that every child with special needs receives a free, appropriate public education. Today, all over New York and the Nation, children with special needs are being shortchanged because schools are wrestling to fulfill the competing demands on their budgets. Deficits are rising and State budgets are shrinking. And the funds provided by these amendments are crucial to ensuring all children receive a world-class education.
The Republican substitute for this amendment keeps funding for IDEA discretionary, which does not guarantee full funding. As we have seen with funding for No Child Left Behind, authorizations are an empty promise with this administration and the Republicans in Congress in control.
According to a report issued by the National Education Association last month, States and schools received only $18.6 billion of the $26.8 billion in Federal money authorized under the law during the last fiscal year. This amount falls significantly short of the total cost to implement No Child Left Behind, which, according to the NEA, will reach $41.8 billion this year. As one example of the high cost of NCLB, the Ohio Department of Education released a study last month estimating that the State will spend about $1.5 billion a year--more than twice as much as it now gets from the Federal Government to fund NCLB. And a recent Phi Delta Kappan article reported that public K-12 spending needs to rise by at least 20 to 35 percent to meet the goals of NCLB-- an increase of $85 to $150 billion a year.
We cannot allow IDEA to continue on the same path as NCLB. Mandatory spending is the only way to ensure that Congress will actually fund the real costs associated with meeting these requirements so that our children and their families do not shoulder this burden.
Now more than ever, our school districts desperately need this support as they grapple with deep budget cuts and rising student enrollments. It is unconscionable for Congress to stand by and continue to fail to meet its funding commitments while schools in New York and across the Nation are laying off teachers, cutting critical classes and eliminating academic services.
Let me paint the picture of what is happening in school districts in some school districts in New York.
The Buffalo School district, where 80 percent of students come from families that are at or below the poverty index, is facing a $9.7 million cut in its education budget. To balance its budget, the Buffalo School District has had to lay off approximately 700 school personnel, cut vital services to students, and close down 5 schools this year. These choices will ultimately lower the quality of education for all of the 44,000 students enrolled in Buffalo schools, including the 9,266 students with disabilities.
However, this issue is not about budget cuts. It is about broken promises.
The Harkin-Hagel amendment says simply--the Federal Government's going to keep its word. It ensures that children with disabilities receive the programs and services they need to learn by providing the 40 percent of the cost that was promised back in 1973.
These funds mean children with special needs will achieve at higher levels and transition into the workforce as productive citizens. It guarantees the resources to recruit qualified personnel, provide teacher training and
ongoing professional development and provide supplementary services to effectively educate these children. Schools need actual resources to provide these services, not empty promises.
Before the passage of IDEA, children with disabilities received woefully inadequate schooling or no schooling at all. Each year Congress fails to live up to its commitment to adequately invest in IDEA our schools fall further behind in meeting their special education costs and our parents of children with disabilities have to fight harder to ensure their children receive appropriate educational services.
Children with special needs and their families should not have to shoulder this burden. We must do better by our children and their parents. I therefore urge my colleagues to vote yes on the Harkin-Hagel amendment.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, at 2 o'clock today, the Department of Defense delivered to S-407 material relating to the issue of mistreatment by Americans in uniform and perhaps others under contract against the prisoners in a prison in Iraq. Several hundred of these photos have been shown to a large group of Senators.
The Department of Defense prepared a document as guidance for Senators as to how hopefully they will handle their knowledge of these photos as they relate their responsibilities to their constituents and others in giving their views.
I ask unanimous consent to print in the Record a letter Senator Levin and I, in our capacity as chairman and ranking member of the Armed Services Committee, wrote to the Department of Defense with regard to the transmission of these documents.
Mr. President, I would like to read the material that was provided to Senators. It is entitled ``White Paper For Persons Who Have Viewed The Detainee Abuse Photos.''
The Privacy Act prohibits the disclosure of ``any record
which is contained in a system of records'' to ``any person
or to another agency,'' except with ``prior written consent
of the individual to whom the record pertains.'' 5 U.S.C.
Section 552a(b). The statute applies only to records about
U.S. citizens or permanent resident aliens (``U.S.
nationals'').
The Iraqi detainee abuse photos and videos . . .
--we saw some video--
were collected by and are maintained in the files of the
military criminal investigative organization in the
[Department of Defense]. The photos are subject to the
Privacy Act to the extent they disclose the identities of
U.S. nationals.
Any release of the photos to persons outside the
[Department of Defense] (with very limited exceptions
concerning releases to Congress and certain Executive Branch
officials) would risk liability under the Privacy Act.
That liability in this sentence is to the Department of Defense. I ask unanimous consent to print in the Record the pertinent sections of the Privacy Act.
(b) Conditions of Disclosure.--No agency shall disclose any
record which is contained in a system of records by any means
of communication to any person, or to another agency, except
pursuant to a written request by, or with the prior written
consent of, the individual to whom the record pertains,
unless disclosure of the record would be--
(9) to either House of Congress, or, to the extent of
matter within its jurisdiction, any committee or subcommittee
thereof, any joint committee of Congress or subcommittee of
any such joint committee;
There are certain exceptions as it relates to the Congress of the United States. Senators should read this and draw their own conclusions from it.
Any description of the photos (or any particular photo)
that would reveal the identity of a U.S. national depicted in
the photos would also risk liability under the Privacy Act.
To the extent that any description of the photos is offered
at all, it should be limited to generic statements about the
conduct depicted in the photos without any reference that
would tend to reveal the identity of any U.S. national
involved in the conduct photographed.
The disclosure of photographs or detainees could constitute
a violation of the Geneva Conventions, which provide that
such persons shall be protected ``against insults and public
curiosity.''
As I stated earlier today, speaking for myself, I believe very strongly these photographs should not be made public. That is not a decision that is up to the Senate or the Congress but to other authorities in the executive branch. I believe it could possibly endanger the men and women of the Armed Forces as they are serving valiantly and at great risk, not only in Iraq and Afghanistan but other areas of the world.
Secondly, this Nation is founded on the rule of law. We are proceeding--I say we, the Department of Defense, and they are to be commended--carefully within the rule of law as it relates to this evidence and the trials which will be forthcoming of those who will be brought to justice by virtue of the Uniform Code of Military Justice. At those trials, they will be public. At those trials, such portions of these photos as a prosecutor deems necessary can be released and put into the public domain. As well, the defense counsel, likewise, through discovery can determine such photos that might in some way enhance the defense in that case. It is not as if there will be no public disclosure. It is the time and the circumstances under which that disclosure is made.
Again, the credibility of the country is being examined in connection with these tragic incidents that have taken place, tragic incidents against a background of 99.99 percent of the men and women of the U.S. military performing
all over the world at this very minute at personal risk but in the cause of freedom, to protect this Nation and our allies. I firmly believe the guidelines are out there certainly for colleagues. I have given you my best counsel on this. Here are the rules prescribed by the Department. I think it is in the best interest that we all, in a very calm, collected manner, continue to address this issue.
The Committee on Armed Services has concluded two hearings. At this moment the Committee on Intelligence, of which I am also a member, is conducting a hearing. Speaking for the Senate, and I believe the House, the proper oversight is being administered. The Appropriations Committee likewise addressed this issue in some context today. The Government of our Nation, the executive and the legislative branch together--I find total cooperation with the Department of Defense--is doing the best we know how to protect the interests of our Nation and protect the men and women of the Armed Forces and protect all others in this set of very tragic circumstances.
I yield the floor.
Mr. President, I thank my good friend and colleague. I am privileged also to serve on his committee.