Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I ask unanimous consent that the pending amendment be set aside. Madam President, I call up amendment No. 1156. Madam President, I…
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, I ask unanimous consent that the pending amendment be set aside.
Madam President, I call up amendment No. 1156.
Madam President, I ask unanimous consent that reading of the amendment be dispensed with.
Madam President, I am very pleased to rise now to offer this amendment on behalf of a bipartisan group: Senators Thune, Begich, Graham, and Burris, all of us members of the Armed Services Committee.
I take the floor today to speak on their behalf and mine for a constituency that every Member of the Senate represents; and that is, the men and women who serve in the U.S. Army.
On September 11, 2001, the Army's active-duty strength was just 480,000, after a decade in which we in Congress cut it nearly in half after the Cold War ended.
In the wake of the terrorist attacks of September 11, many Members of Congress urged a major expansion of the military and the Army for the years of war that were clearly ahead. But, unfortunately, that did not happen. We watched with growing concern as our soldiers--members of a force too small for the missions we had assigned to them--served through repeated deployments, heroically, but under increasing stress.
Finally, 3 years ago, the administration and Congress increased the size of the active-duty component of the U.S. Army from 480,000--the level on 9/11--to 547,400. That was to be realized over a period of years.
In February of this year, the Army reached that goal well ahead of the schedule that had been originally anticipated, fortunately, because every man and woman who joined the Army is necessary and has been critically necessary. So now we actually have 549,000 active-duty soldiers.
Recall that I said the statutory end strength of the Army is 547,400. So the Army now is literally at a strength greater than its current authorization. This achievement expresses the patriotic commitment of the American men and women who have answered the call of duty. In other words, recruitments and reenlistments have been so high that there are more people in the Army than the statutory end strength.
But there is still not enough. I will explain why.
Growing the force was clearly necessary to support our troops in the Army, our soldiers who are bearing the major responsibility for the wars we have been fighting in Iraq and Afghanistan. But these increased numbers simply have not proved sufficient to relieve the continued strain on our soldiers. That is what this amendment intends to do during the remainder of this fiscal year, covered by this supplemental appropriations bill.
I want to talk about dwell time. It is a term the military uses. What is ``dwell time''? It is down time but not R&R time. It is time that is spent back here at home in the bases, with the families, not just recovering from the last deployment, but also, obviously, preparing and training and upgrading for the next. And perhaps most significantly to the men and women of the Army, it is precious time for our soldiers to spend with their families.
Today, dwell time of members of the U.S. Army is about slightly more than 1 to 1. That means for every year of deployment, they are back home at the base, training, preparing, spending time with their family, for a year--1 to 1.
General Casey said--and everybody in our military says--that is simply inadequate; too much duty, too quickly, too much stress on our men and women in the U.S. Army, in the military.
General Casey said he has the goal to get the ratio to 1 to 2--2 years at home for every 1 year out at war--and to do so by 2011. In fact, he would like to take it higher than the 1 to 2--beyond that-- hoping that our conflicts we are in in Iraq and Afghanistan do not require that many American military by that time.
Incidentally, the dwell-time ratio is particularly dire for a category in our Army called ``enablers.'' They are involved as Army aviators, engineers, people involved in intelligence, surveillance, and reconnaissance work. They really are under dwell-time pressure.
As the Presiding Officer knows, the Obama administration is implementing what I consider to be a very responsible strategy, and a correct strategy, for drawing down our force in Iraq. But if you combine the Iraq and Afghanistan wars, and the planned increase in Army presence in Afghanistan, as we slowly decrease in Iraq, Army deployments will actually increase for the rest of this year.
This is what General Casey, the Army Chief of Staff, said to the Armed Services Committee the other day: It is a simple question of supply and demand. If the supply of the Army stays only constant or even goes down, and yet the demand--which is the increasing deployments for at least the remainder of this year, and probably well into next year--goes up, the dwell time--the time these soldiers of ours, heroes of ours, have to spend away from the war zone back at base--will not rise from the unacceptable level it is at now.
Our military leadership has made clear in public statements that things are going to get worse before they get better.
Army Chief of Staff Casey recently warned that the number of deployed soldiers will actually, as I said, rise through the rest of the year. Admiral Mullen, Chairman of the Joint Chiefs of Staff, told the Senate Armed Services Committee last week that the Army faces a ``very rough time'' over at least the next 2 years before it reaches what Admiral Mullen called the ``light at the end of the tunnel.''
Keep in mind, these predictions do not reflect or absorb the possibility of a new crisis or new crises elsewhere in the world outside of Iraq and Afghanistan--what such a crisis would place in the way of additional demands on our soldiers--a possibility that recent experience warns us to at least keep in mind as a possibility.
So we are in a situation now where we have a constant level of soldiers on Active Duty, demand in the short term going up, and, therefore, dwell time--time away from the battlefield--not rising. This equation leads to strain and stress on our soldiers. Unfortunately, there are facts that show this strain and stress. The Army is on track this year to overtake the grim record of suicides of our Active-Duty Army personnel that we saw last year, in 2008. The murder a week or two ago of five soldiers by a fellow soldier in Baghdad was a devastating example, I fear, of the stress on our deployed force. We hear increasingly stories of the stress on the families back home. Any of us who have visited military bases, spoken to the families, hear this constantly as a growing appeal to do something to increase the dwell time. The fact is, we are not, and that really does hurt.
I think we can say--as was said the other day at an Armed Services Committee hearing by witnesses before us from the Defense Department who were talking about all we are doing to improve the quality of life of our men and women in uniform, including housing for their families, health care, childcare, et cetera, et cetera--benefits--all true. So we are improving the benefits to our men and women in the
U.S. Army, but so long as there are not enough of them, which there are not today, the major factor of stress, which is how often, how many times are they going to be sent back to Iraq and Afghanistan, or how frequently, will not change. That is what this amendment aims to do something about.
I wish to make clear what is obvious to everyone: that our Army is not broken. This is the greatest--this is the next greatest generation of the American military, performing with unbelievable skill, heroism, resilience, agility, and personal compassion in Iraq and Afghanistan. Our Army is not broken, but it is, as General Casey said the other day, out of balance. Secretary of the Army Geren said--summarizing this part of his testimony before the Armed Services Committee--the U.S. Army is ``busy, stretched, and stressed.'' And he is right. We have to give those heroes in uniform some help, and the best help we can give them is more people in uniform fighting alongside them.
Here is a strange twist. In the face of the current crisis in manpower, the administration has been forced to effectively direct the Army to not only stop growing but to actually shrink by the end of the year as deployments overseas increase, dropping back from over 549,000 soldiers to the statutory limit of 547,400. In other words, this supplemental appropriations bill closes a gap that existed in the Army's ability to pay for the 547,400 they are entitled to, but they are still over by 1,600 soldiers. Therefore, there is a guidance out that directs the Army to take drastic measures to cut back; in fact, reducing their recruiting goals this year by 13,000 soldiers, which the Army knows it can meet, and cutting its retention goal by 10,000 troops, which the Army also knows it can meet. So here we have this ironic--really worse than that--moment where we need more troops and more soldiers and the Army is going to be forced to cut back.
I must tell my colleagues that I think it is going to be hard to shrink the Army in this way by the end of this year because so many of our troops are reenlisting, which is quite remarkable--so committed to the cause, proud of their service, want to keep fighting for the United States alongside the others in their unit. Obviously, some are affected by the economy and the instability and difficulty in finding job opportunities in the economy.
So I think it would be a terrible mistake to order the Army to cut its ranks at this time, which would mean less dwell time for our soldiers. That is why Senators Graham, Begich, Thune, Burris, and I introduced this bipartisan amendment which would enable the Army to maintain its current strength and continue to grow for the remainder of this fiscal year as the Secretary of Defense determines. No compulsion here.
Current law forces the Army to get smaller before the end of the year. This amendment would say it can grow beyond the 547,400 within the limit of the waiver that the Army has, and it provides the money to do that, which is an additional $400 million for the remainder of this fiscal year--frankly, a small price. It is a significant amount of money, but when we think about the impact it will have on the lives of just about every man and woman wearing the proud uniform of the U.S. Army, it is more than worth it.
I wish to explain, while I have a moment and while I see no one else on the Senate floor, that the amendment literally will increase the minimum end strength for the Active-Duty Army from the statutory level it is at now up to 547,400. When that point is reached, it gives the Secretary of the Army a 2-percent waiver, and that means that working with the Secretary of Defense, the Secretary of the Army could actually raise the Army as high as 558,000 by the end of the fiscal year. I don't expect that to be possible in the next few months, but it gives that latitude and the money to back it up.
The second part of the amendment provides additional funds to help the Army cover the immediate personnel shortfall it faces because of the toll the ongoing conflicts are taking on the force.
If I may add just this final argument of reality. The Vice Chief of Staff, Peter Chiarelli, told the Senate Armed Services Subcommittee on Readiness last month that the Army has about 30,000 soldiers among that current 549,000 who are, for one reason or another--three reasons, actually--not available to meet the requirements of the Army, not able to be directly involved.
For example, nearly 10,000 soldiers now either serve as Wounded Warriors or support their recovery, while thousands more are not deployable because of injuries they have suffered, often not in conflict, but that are, nonetheless, though less severe, disabling enough that they can't be deployed. So the truth is, there already is a 30,000-gap beneath the 549,000 that is on the books as actively deployed.
The best way to honor the sacrifice and service of these soldiers will be to ensure that their brothers and sisters in arms go to battle with reinforcements who can take their place; to guarantee that the Army can build those enabler units I talked about that the service needs most now on the front lines in Afghanistan and Iraq--and both battlefields are now beginning to compete for those uniquely trained enablers; and to provide the Army leadership with the flexibility it needs to have the manpower for the theater while giving our troops more time at home.
I wish to go to two final questions. Would growing the force today relieve the strain on the force when it matters most? And is this a proposal we can afford? In terms of the first, we know the greatest demand in the theater falls upon our most junior soldiers, such as the Army's privates and specialists who face the most difficult dwell time ratios in the force and keep going back and forth.
If we commit to growing the force now, these are the types of troops we can recruit, train, and deploy in this time of greatest need, and we can retain them. In short, if provided the additional personnel, the U.S. Army can definitely use them and use them well.
In terms of the second question, of course, I am concerned about the long-term costs of increasing the size of the force. The price of military personnel has risen over the past decade because we better recognize the service of our soldiers, and we are taking better care of them. Nonetheless, I don't see how we can explain to our soldiers and their families that we in Congress decided that we could not afford reinforcements at a time when the force is so stressed under the strain of war and still performing so brilliantly.
The Army is not broken, I wish to stress. It is out of balance, and it needs our support to come into balance. This amendment would provide the funds to give the Secretary of the Army and the Secretary of Defense the option--not mandatory--to raise the number of Active-Duty military personnel, from now until the end of this fiscal year, to a level above--slightly above--the 547,400 now statutorily authorized.
I hope our colleagues on both sides of the aisle will join us in giving this amendment unanimous support. I honestly think it is just about the best thing we can do for the heroes of the U.S. Army who serve us every day to protect our security and our freedom.
I thank the Chair. I suggest the absence of a quorum.
Objection.
Madam President, I thank my friend from South Carolina for his kind words, first, but also for working together on this in a bipartisan way. Senator Graham serves in the Senate, but he also serves in the U.S. Air Force. When we travel with him, he usually remains behind to do some time and be of service in the battle zones. That is the kind of person he is. He is an extremely skilled lawyer.
We approached this trying to do what was right from a legal point of view but also understanding what the President, to his great credit, understood and expressed in the decision he has made on these photos. These are old photos. They portray, I fear, behavior that is unacceptable and, in fact, has been made illegal by the Detainee Treatment Act and the Military Commissions Act, which Senator Graham played the leading part in drafting. This behavior portrayed in the pictures already has also been made illegal by Executive order of President Obama. So what purpose is served by putting these pictures out now? What good purpose? None. It is a kind of voyeurism, frankly, to see the pictures just for the sake of seeing the pictures. Maybe in a normal time that would be OK; it probably would be. Disclosure and transparency are values our country, our Government, holds high. But there is something different now, and this is what President Obama recognizes. We are at war. When you are at war, you have to ask the question the President asked General Petraeus, General Odierno, and others: Will the public release of these pictures endanger America, American military personnel, and American Government personnel serving overseas?
The answer came back loud and clear: Yes, it will. So the President, with strength and decisiveness, stepped onto what I am sure he knew was politically controversial ground. He did what he thought was right for the country as Commander in Chief. As Senator Graham said, we applaud him greatly for that. We are at war, and you don't do the things when you are at war that you might do at other times.
This proposal basically codifies into law the process President Obama suggested in reaching the decision he made to fight the release of these pictures.
Last week, the President made exactly the right decision as Commander in Chief that will protect our troops in Iraq, Afghanistan and elsewhere and make it easier for them to carry out the missions that we have asked them to do.
After consulting with General Petraeus, General Odierno and others, the President decided to fight the release of photographs that depict the treatment of detainees in U.S. custody. Those photographs are the subject of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union.
Last fall, the Second Circuit court of appeals ordered the release of those photographs. Instead of appealing that decision to the Supreme Court, government lawyers agreed to release the images as well as others that were part of internal Department of Defense investigations.
I strongly believe that the President's decision to fight the release of the photographs was the right one. Today, Senator Graham and I introduced this amendment to H.R. 2346, the supplemental appropriations bill for Iraq and Afghanistan, that will codify the President's decision and establish a procedure to prevent the detainee photos from being released.
Before the President decided to fight the Second Circuit decision, Senator Graham and I sent a letter to the President making the case that the release of the photographs serves no public good.
The behavior depicted in those photographs has been prohibited by Congress in the Detainee Treatment Act and the Military Commissions Act as well as by Executive orders issued by President Obama. Meanwhile, the Department of Defense has investigated the allegations of detainee abuse for the purpose of holding those responsible accountable.
We also know that the release of the photographs will make our service men and women deployed overseas less safe. There is compelling evidence that the images depicting detainee abuse at Abu Ghraib was a great spur to the insurgency in Iraq and made it harder for our troops to succeed in their mission there.
Now we learned valuable lessons from those pictures. And as I said, Congress and this President have taken steps to prevent that abuse from ever happening again.
But the same is not true about these pictures. These pictures depict past abuses that have already been addressed and we know that the release will only empower the propaganda operations of al-Qaida and other Islamist terrorist organizations.
Even before 9/11, terrorist groups like al-Qaida recognized the immense value of using propaganda to recruit and radicalize followers around the world. Since 9/11, the al-Qaida propaganda operation has only gotten more sophisticated. Should pictures like these be released, we know that they will be circulated immediately on al-Qaida connected Web sites and many other Web sites that readily post images just like this.
And to be clear, it is not al-Qaida leadership we are worried about-- they are committed to destroying America regardless of what happens with these photos. Rather it is the thousands of
young men--and some women--around the world who may not otherwise be inclined to sympathize with or support al-Qaida but may change their minds after seeing these photos. Those recruits are the ones that keep al-Qaida and other Islamist terrorist groups vibrant and capable of planning and executing attacks against us.
By introducing this legislation today, we do not condone the behavior depicted in the photographs. We expect that those responsible for the mistreatment of detainees will be held accountable. And that is exactly what the Department of Defense has done with the internal investigations it has conducted.
This bill--the Detainee Photographic Records Protection Act--would establish a procedure just like the one that led to the President's decision not to release the photos.
This legislation would authorize the Secretary of Defense, after consultation with the Chairman of the Joint Chiefs, to certify to the President that the disclosure of photographs like the ones at issue in the ACLU lawsuit would endanger the lives of our citizens or members of the Armed Forces or civilian employees of the U.S. Government deployed abroad.
The certification would last 5 years and could be renewed by the Secretary of Defense if the threat to American personnel continues. Also, the language in the bill is clear that it would apply to the current ACLU lawsuit that gave rise to the President's decision last week.
Let me state clearly that we cannot become complacent about the stark reality that we are still at war with enemies who continue to seek to attack America and kill Americans. In the heated partisan environment in Washington, we are unfortunately sometimes more engaged in finger pointing and recriminations than being focused on defeating the vicious determined enemy we face.
I applaud President Obama for the actions he has taken in the past week on the photos and the military commissions and I believe that this legislation will provide him with an important tool to assist him in leading the war on terror.
Bottom line: I hope, again, this can be a bipartisan amendment, which it is, but I hope it will be supported by Members across the aisles. When we do that, we are all going to be saying we know we are at war and that we have no higher responsibility than to protect the security of our country and our military personnel, which would be endangered if these pictures go out.
For a quick moment, I speak as chairman of the Homeland Security Committee, which I am privileged to lead. These pictures will be a recruiting device for al-Qaida and the rest of the terrorist ilk. These pictures will go up instantaneously on jihadist terrorist recruiting Web sites. Not just people elsewhere in the world but people in the United States will be drawn to those Web sites and perhaps recruited through these pictures into a life of terrorism, where the essential target will be America and Americans. There is no reason to let that happen, and this amendment will make sure, in an orderly and fair way, that it doesn't happen while we are at war.
Again, I thank my friend from South Carolina. I gather we are waiting for word on whether we can introduce the amendment soon.