[国会记录第161卷第96号（2015年6月16日星期二）][参议院][第S4173-S4185页]2016财年国防授权法案[…]第1889号修正案莱希先生。总统先生，国会还有一些未完成的工作要做。总统上任后，发布了一项禁止酷刑的行政命令。令人遗憾的是，对于一个自1988年以来即25多年前签署《禁止酷刑公约》的国家来说，这一步骤甚至是必要的。但这是总统应该做的正确的事情，符合我们作为美国人的价值观。特别是，总统命令所有美国政府人员和承包商必须遵守《陆军野战手册》中的审讯标准，红十字国际委员会应通知并接触美国政府关押的被拘留者。现在是国会采纳这些相同要求的时候了——将它们写入法律，确保美国不再使用酷刑，不管威胁是什么。参议员麦凯恩和范斯坦提出了一项修正案，反映了行政命令的这些要求。它将要求所有机构和部门的所有政府人员和承包商遵守《陆军野战手册》中的规则和条例。它还将确保向红十字国际委员会或红十字委员会提供接触被美国拘留的所有个人的机会。这些要求已经实施了6年，这项修正案符合现行做法。《陆军野战手册》就可接受和有效的审讯做法提供了明确的指导方针。它加强了现行法律对酷刑和其他残忍和不人道待遇的明确禁止。我们的军事人员在战场上进行高风险审讯时，都依赖于它。这些规则没有理由不适用于任何地方、任何时候的所有政府人员和承包商。这是一项极为重要的修正案。我们从参议院情报委员会的历史性报告中得知，在布什政府期间，中情局曾实施过可怕的酷刑行为。我们必须向世界和我们自己明确表示，酷刑是错误的，是永远不允许的。行政命令是不够的。国会必须采取行动。我们必须将这些保障措施编纂成法律。当涉及到我们的核心价值观——使我们的国家变得伟大并决定美国在世界上的地位的东西——它们不会因环境而改变。《禁止酷刑公约》没有例外。我们必须清楚，没有任何酷刑是可以接受的。我敦促参议员们支持反酷刑修正案，并赞扬麦凯恩和范斯坦参议员在这一问题上的长期领导作用。我们必须确保美国绝不允许这种情况再次发生。[……]第1889号修正案，麦凯恩先生。总统先生，我请求全体一致同意，加利福尼亚州参议员有15分钟，我有10分钟，投票推迟到15分钟和10分钟结束。主持会议的官员。有人反对吗？无异议，就这样命令。范斯坦太太。非常感谢你，主席先生。我感谢尊敬的主席这一次。我想我不会花15分钟。我们已经解决了。我加入了麦凯恩参议员和排名第二的里德参议员，以及柯林斯参议员和其他共同赞助者，莱希参议员、保罗参议员、金参议员、弗莱克参议员、海因里希参议员、怀特豪斯参议员、米库尔斯基参议员、怀登参议员、墨菲参议员、希诺参议员、华纳参议员、鲍德温参议员，布朗和马基提出了一项修正案，这将有助于确保美国不再实施强制性和虐待性审讯手段或无限期秘密拘留。我很高兴参议院会考虑这项修正案，我敦促赞成票。我们今天提出的修正案其实很简单。它将《陆军野战手册》中的审讯授权和限制适用于整个美国政府。它以90票对9票扩大了国会在2005年所做的，《被拘留者待遇法》——我相信是麦凯恩参议员撰写的——该法案禁止国防部使用《陆军野战手册》未授权的技术，也禁止政府使用残忍、不人道和有辱人格的待遇或处罚。该修正案还要求红十字国际委员会迅速接触美国政府拘留的任何被拘留者。这两项规定都符合美国过去几年的政策，但这项修正案将把这些要求编纂成法律。2009年1月22日，奥巴马总统在上任的头几天里，通过行政命令禁止使用胁迫性和虐待性审讯手段。该行政命令正式禁止——作为一项政策——使用未经Ar特别授权的审讯技术my Field Manual on Human Intelligence Collector Operations. This amendment places that restriction in law. It is long overdue. The amendment also codifies another section of President Obama's January 2009 Executive order, requiring access by the International Committee of the Red Cross to all U.S. detainees in U.S. Government custody--access which has been historically granted by the United States and other law-abiding nations and is needed to fulfill our obligations under international law, such as the Geneva Conventions. It is also important to understand that the policies in the 2009 Executive order are only guaranteed for as long as a future President agrees to leave them in place. This amendment would codify these two provisions into law. Current law already bans torture, as well as cruel, inhuman, or degrading treatment or punishment. However, this amendment is still necessary because interrogation techniques were able to be used, which were based on a deeply flawed legal theory, and those techniques, it was said, did not constitute ``torture'' or ``cruel, inhuman, or degrading treatment.'' These legal opinions could be written again. In 2009, President Obama's Executive Order settled the issue as formal policy, and this amendment will codify a prohibition on a program that was already defunct at the end of the Bush administration. CIA Director John Brennan has clearly stated that he agrees with the ban on interrogation techniques that are not in the Army Field Manual. Director Brennan wrote the following to the Intelligence Committee in 2013 about the President's 2009 Executive order: I want to reaffirm what I said during my confirmation hearing: I agree with the president's decision, and, while I am the Director of the CIA, this program will not under any circumstances be reinitiated. I personally remain firm in my belief that enhanced interrogation techniques are not an appropriate method to obtain intelligence and that their use impairs our ability to continue to play a leadership role in the world. Furthermore, it is important to point out that the Senate and the House both [[Page S4179]] required the use of the Army Field Manual across the government in the fiscal year 2008 Intelligence authorization bill. Unfortunately, President Bush vetoed that legislation. Whatever one may think about the CIA's former detention and interrogation program, we should all agree that there can be no turning back to the era of torture. Interrogation techniques that would together constitute torture do not work. They corrode our moral standing, and ultimately they undermine any counterterrorism policies they are intended to support. So before I close, I ask unanimous consent to have printed in the Record a series of letters and statements in support of this amendment. There being no objection, the material was ordered to be printed in the Record, as follows: June 9, 2015. Dear Senator: As retired generals and admirals who believe that American ideals are a national security asset, we urge you to support the amendment to the 2016 National Defense Authorization Act that solidifies the ban against torture and cruel treatment of detainees in U.S. custody. While international and domestic law, including the 2005 Detainee Treatment Act, prohibit such cruelty, high-level officials in the Executive Branch still managed to evade congressional intent by using loophole lawyering to authorize torture and cruel treatment. We need to make sure this never happens again. The United States should have one standard for interrogating detainees that is effective, lawful, and humane. The McCain-Feinstein amendment would ensure lawful, effective, and humane interrogations of individuals taken into custody by requiring all agencies and departments to comply with the time-tested requirements of the Army Field Manual (``Human Intelligence Collector Operations''). It would also codify existing Department of Defense (DOD) practice of guaranteeing timely notification and access to the International Committee of the Red Cross (ICRC) for detainees taken into custody--an important bulwark against abuse. We strongly urge you to support this legislation to help move our country towards decisively rejecting the use of torture or cruel treatment against detainees held in our custody. Thank you for your commitment to upholding our national security and American values. Sincerely, General Joseph Hoar, USMC (Ret.); General Charles Krulak, USMC (Ret.); General David M. Maddox, USA (Ret.); Lieutenant General John Castellaw, USMC (Ret.); Lieutenant General Robert G. Gard, Jr., USA (Ret.); Vice Admiral Lee F. Gunn, USN (Ret.); Lieutenant General Claudia J. Kennedy, USA (Ret.); Lieutenant General Charles Otstott, USA (Ret.); Lieutenant General Norman R. Seip, USAF (Ret.); Vice Admiral Joe Sestak, USN (Ret.); Lieutenant General Harry E. Soyster, USA (Ret.); Lieutenant General Keith J. Stalder, USMC (Ret.); Rear Admiral Don Guter, JAGC, USN (Ret.); Rear Admiral John D. Hutson, JAGC, USN (Ret.); Major General J. Michael Myatt, USMC (Ret.); Major General William L. Nash, USA (Ret.). Major General Eric T. Olson, USA (Ret.); Major General Thomas J. Romig, USA (Ret.); Major General Walter L. Stewart, Jr., USA (Ret.); Major General Antonio M. Taguba, USA (Ret.); Brigadier General John Adams, USA (Ret.); Brigadier General Stephen A. Cheney, USMC (Ret.); Brigadier General James P. Cullen, USA (Ret.); Brigadier General Evelyn P. Foote, USA (Ret.); Brigadier General Gerald E. Galloway, USA (Ret.); Brigadier General Leif H. Hendrickson, USMC (Ret.); Brigadier General David R. Irvine, USA (Ret.); Brigadier General John H. Johns, USA (Ret.); Brigadier General Murray G. Sagsveen, USA (Ret.); Brigadier General Stephen N. Xenakis, USA (Ret.). ____ [From Peaceful Tomorrows, June 10, 2015] September 11th Families Support the Reinforcement of Ban on Torture (Posted by Katharina) As family members of those killed on September 11th we have strong opinions regarding torture. The use of enhanced interrogation techniques, or torture by another name, was wrongly justified by some as means to prevent another terrorist attack. Torture is never justified. September 11th Families for Peaceful Tomorrows applauds the legislation being offered by Senators McCain and Feinstein to reinforce the ban on torture. Any assertion of torture as effective must be repudiated. Any loophole suggesting torture as a justifiable means to security must be closed. Any ethical principle that finds torture morally permissible must be challenged. American legislators must clearly and forcefully codify policy that rejects and criminalizes torture in all its forms. Only then will trust in the rule of law be restored, and the people of this nation truly safe. ____ June 9, 2015. Dear Senator: As intelligence and interrogation professionals who have offered our collective voice opposing torture and other forms of cruel, inhuman or degrading treatment, we strongly encourage you to support the amendment to the 2016 National Defense Authorization Act that solidifies the ban against torture and cruel treatment of detainees in U.S. custody. While international and domestic law, including the 2005 Detainee Treatment Act, prohibit such cruelty, sadly high- level officials in the Executive Branch exploited loopholes and still authorized torture and cruel treatment. The interrogation methods that have kept America safe for generations are sophisticated, humane, lawful, and produce reliable, actionable intelligence in any interrogation scenario. To promote a return to that respected level of professionalism, there must be a single well-defined standard of conduct--consistent with our values as a nation--across all U.S. agencies to govern the detention and interrogation of people anywhere in U.S. custody. The amendment would ensure lawful, effective, and humane interrogations of individuals taken into custody by requiring all agencies and departments to comply with the time-tested requirements of the Army Field Manual (``Human Intelligence Collector Operations''). It would also require a review of the Army Field Manual to ensure that best practices and the most recent evidenced-based research on humane interrogation are incorporated. It would also codify existing Department of Defense (DOD) practice of guaranteeing timely notification and access to the International Committee of the Red Cross (ICRC) for detainees taken into custody--an important bulwark against abuse. We strongly urge you to support this legislation to help move our country forward and reaffirm that there is no conflict between adhering to one of our nation's essential and founding values--respect for inherent human dignity--and our ability to obtain the intelligence we need to protect the nation. Sincerely, Frank Anderson, CIA (Ret.); Donald Canestraro, DEA (Ret.); Glenn Carle, CIA (Ret.); Jack Cloonan, CIA (Ret.); Barry Eisler, Formerly CIA; Eric Fair, Formerly U.S. Army; Mark Fallon, NCIS (Ret.); Charlton Howard, NCIS (Ret.); David Irvine, Brigadier General, U.S. Army (Ret.); Timothy James, NCIS (Ret.); Steve Kleinman, Colonel, USAFR (Ret.); Marcus Lewis, Formerly U.S. Army; Brittain Mallow, Colonel, USA (Ret.); Mike Marks, NCIS (Ret.); Robert McFadden, NCIS (Ret.); Charles Mink, Formerly U.S. Army; Joe Navarro, FBI (Ret.); Torin Nelson, Formerly U.S. Army; Carissa Pastuch, Formerly U.S. Army; William Quinn, Formerly U.S. Army; Ken Robinson, U.S. Army (Ret.); Rolince, Mike, FBI (Ret.); Ed Soyster, Lieutenant General, U.S. Army (Ret.). ____ Committee on International Justice and Peace, Washington, DC, June 10, 2015. U.S. Senate, Washington, DC. Dear Senator, As deliberations over the FY 2016 National Defense Authorization Act continue, I write to express support for an amendment offered by Senators John McCain and Dianne Feinstein that would prohibit all U.S. government agencies and their agents from using torture as an interrogation technique. The amendment would: Require all U.S. government agencies (including the CIA) to limit interrogation techniques to those set out in the Army Field Manual; Require the Army Field Manual be updated regularly and remain available to the public to reflect best interrogation techniques designed to elicit statements without the use or threat of force; and Require the International Committee of the Red Cross be given access to all detainees. These provisions are ones that the Committee on International Justice and Peace of the United States Conference of Catholic Bishops have long supported in trying to ban the practice of torture by the U.S. government. The Army Field Manual 2-22.3 prescribes uniform standards for interrogating persons detained by the Department of Defense. A guiding principle of the Field Manual echoes the Golden Rule: ``In attempting to determine if a contemplated approach or technique should be considered prohibited, and therefore should not be included in an interrogation plan, consider . . . if the proposed approach technique were used by the enemy against one of your fellow soldiers, would you believe the soldier had been abused?'' (5-76) The McCain-Feinstein amendment seeks to ensure that Army Field Manual's standard is also the same standard used by other governmental agencies, including the CIA. Adhering to these standards and ensuring access by the International Committee of the Red Cross to visit detainees in international armed conflicts would make a substantial contribution to our nation's efforts to uphold our international obligations under the Geneva Conventions and the Convention Against Torture. The amendment would help restore the moral credibility of the United States. In Catholic teaching, torture is an intrinsic evil that cannot be justified under any [[Page S4180]] circumstances as it violates the dignity of the human person, both victim and perpetrator, and degrades any society that tolerates it. We urge all Senators to support the McCain- Feinstein amendment that would help to ensure that laws are enacted so that our government does not engage in torture ever again. Sincerely yours, Most Reverend Oscar Cantu, Bishop of Las Cruces, Chair, Committee on International Justice and Peace. ____ Protecting U.S. Security Upholding American Values The United States detainee interrogation policy can live up to American values and, at the same time, protect our national security. This policy, supported by overwhelmingly bipartisan legislation in 2005, states: ``No individual in the custody or under the physical control of the U.S. Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.'' Such principles can be attained by following the U.S. Army Field Manual on Human Intelligence Collector Operations. We believe these lawful, humane, and effective techniques will produce actionable intelligence while adhering to our founding principles. To ensure the integrity of this critical process, Congress should conduct effective, real-time oversight on America's intelligence communities. Failure to live up to these internal safeguards adversely affects the nation's security and damages America's reputation in the world. Richard Armitage, Deputy Secretary of State, 2001-2005; Howard Berman, U.S. Congressman (D-CA), 1983-2013; David Boren, U.S. Senator (D-OK), 1979-1994, Governor of Oklahoma, 1975-1979; Harold Brown, Secretary of Defense, 1977-1981; David Durenberger, U.S. Senator (R- MN), 1978-1995; Lee Hamilton, U.S. Congressman (D-IN), 1965-1999; Gary Hart, U.S. Senator (D-CO), 1975-1987; Rita Hauser, Chair, International Peace Institute, 1992-Present; Carla Hills, U.S. Trade Representative, 1989-1993; Thomas Kean, Governor of New Jersey, 1982- 1990, 9/11 Commission Chairman. Richard C. Leone, Senior Fellow and former President of the Century Foundation; Carl Levin, U.S. Senator (D- MI), 1979-2015; Richard Lugar, U.S. Senator (R-IN), 1977-2013; Robert C. McFarlane, National Security Advisor, 1983-1985; Donald McHenry, Ambassador to the United Nations, 1979-1981; William Perry, Secretary of Defense, 1994-1997; Charles Robb, U.S. Senator (D-VA); 1989-2001; Governor of Virginia, 1982-1986; Ken Salazar, Secretary of the Interior, 2009-2013, U.S. Senator (D-CO), 2005-2009; George Shultz, Secretary of State, 1982-1989; William H. Taft IV, Deputy Secretary of Defense, 1984-1989. ____ National Association of Evangelicals, Washington, DC, June 8, 2015. Dear Senator: As you authorize FY16 appropriations for the Department of Defense, please approve language in an amendment to be offered by Senators McCain and Feinstein that would strengthen the prohibition of torture in U.S. law and apply the Army Field Manual interrogation policies and standards to all personnel and facilities operated or controlled by our government. The National Association of Evangelicals (NAE) opposes the use of torture as a violation of basic human dignity that is incompatible with our beliefs in the sanctity of human life. The use of torture is also inconsistent with American values, undermines our moral standing in the world and may contribute to an environment in which captured U.S. personnel are subjected to torture. The NAE's position is set forth in ``An Evangelical Declaration Against Torture,'' available at http://nae.net/ an-evangelical-dec laration-against-torture/, and reaffirmed in a recent NAE statement (http://nae.net/nae-affirms-u-s-army-prohibition- of-torture/). While the use of torture is currently prohibited across all government agencies by executive order, this fundamental principle must be enshrined in law, to ensure that no future President may authorize the use of torture. We are grateful for your leadership and pray that God will guide you as you consider how best to defend our nation. Sincerely, Leith Anderson, President. ____ National Council of Churches, June 11, 2015. U.S. Senate, Washington, DC. Dear Senators: As you consider amendments to the National Defense Authorization Act, please support the McCain- Feinstein amendment on torture. The amendment would prohibit torture by requiring the CIA and other agencies to follow the guidelines in the Army Field Manual when conducting interrogations, and by ensuring that the International Committee of the Red Cross is given access to all detainees. The amendment also provides a means to update the Field Manual to reflect the best legal, humane, and effective interrogation techniques. As Christians we believe that all people are created in the image of God, endowed by our Creator with an inalienable dignity and worth. Torture is a deeply degrading violation of that image and to us it is never morally acceptable. As the most powerful country on earth, we should set an example for humane treatment of prisoners; we should never allow our nation's practices to be used to justify torture. Passing the McCain-Feinstein amendment would strengthen the legal prohibition against torture and thereby prevent the CIA from ever resuming its torture program. Please support McCain-Feinstein and help begin to put the CIA's brutal and degrading use of torture behind us. Sincerely, Jim Winkler, President and General Secretary. ____ American Civil Liberties Union; Human Rights; National Religious Campaign Against Torture; The Constitution Project; Physicans for Human Rights; Open Society Policy Center; The Center for Victims of Torture (For Immediate Release: June 9, 2015) Human Rights Groups Applaud Legislation Reaffirming U.S. Prohibition on Torture On Tuesday, June 9, 2015, Senators McCain, Feinstein, Reed, and Collins introduced legislation to make the U.S. Army Field Manual on Interrogations the standard for all U.S. government interrogations to make sure that the United States never uses torture again. Seven human rights and civil liberties organizations, including the ACLU, the Center for Victims of Torture, The Constitution Project, Human Rights First, the National Religious Campaign Against Torture, the Open Society Policy Center, and Physicians for Human Rights, announced their strong support for the legislation via the joint statement below. Washington, DC.--We applaud Senators McCain, Feinstein, Reed and Collins for offering bipartisan legislation to ensure that the United States never uses torture again. Senator McCain's prior legislation (the Detainee Treatment Act) was approved by the Senate in 2005 with strong bipartisan support and was a positive game-changer by mandating among other things that interrogations conducted by all Department of Defense personnel had to follow the U.S. Army Field Manual on Interrogation (the Interrogation Manual). The McCain-Feinstein amendment extends and improves the Detainee Treatment Act by making the Interrogation Manual the standard for all U.S. government interrogations, and by mandating that the Manual be reviewed and updated regularly to insure that it reflects the very best evidence-based interrogation practices and complies with all U.S. legal obligations. The McCain-Feinstein amendment also requires that the International Committee of the Red Cross have access to every prisoner in U.S. custody no matter where or by whom they are held. We believe that the CIA's ``enhanced interrogation'' techniques and ``black sites'' were clearly illegal under the law that existed on 9/11, under the 2005 Detainee Treatment Act and also under the relevant provisions of the 2006 Military Commissions Act. But the overwhelming evidence that has emerged of shocking brutality employed by the CIA notwithstanding these laws--including waterboarding, nudity, stress positions, sleep deprivation, forced rectal feeding, beatings and other abuses--demonstrates that additional protections are still essential. Had the McCain-Feinstein amendment been in place following the 9/11 attacks we believe it would have significantly bolstered other prohibitions on torture and made it far more difficult, if not impossible, for the CIA to establish and operate their torture program. Among other things, the Interrogation Manual explicitly prohibits waterboarding, forced nudity and other forms of torture employed by the CIA and it specifies that only interrogation methods that are expressly described in the Interrogation Manual are permitted. In addition, under the McCain-Feinstein legislation no prisoner could have been hidden away at CIA ``black sites'' without access to the Red Cross. More can and should be done to pursue accountability for past brutal and illegal interrogations and to improve the Interrogation Manual. But the McCain-Feinstein Amendment is a vital and welcome step toward ensuring that the United States never again uses torture. Mrs. FEINSTEIN. I ask my colleagues to support this amendment, and by doing so, we can recommit ourselves to the fundamental precept that the United States does not torture--without exception and without equivocation--and ensure that the mistakes of our past are never again repeated in the future. I ask for a ``yes'' vote, and I yield the floor. I suggest the absence of a quorum. The PRESIDING OFFICER (Mr. Flake). The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. McCAIN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. [[Page S4181]] Mr. McCAIN. Mr. President, I ask my colleagues to, if they wish, disregard my statement with the exception of the statement by GEN David Petraeus. I don't know of a military leader who is more respected in America and throughout the world than GEN David Petraeus. I don't have to remind my colleagues that he was the commander of U.S. forces in Iraq and Afghanistan and Director of the CIA. He arguably has more experience dealing with foreign detainee issues across the U.S. Government than any other American. These are the words of GEN David Petraeus: I strongly support the extension of the provisions of the U.S. Army Field Manual that currently govern the actions of the U.S. military to all U.S. Government personnel and contractors. Our Nation has paid a high price in recent decades for the information gained by the use of techniques beyond those in the field manual, and in my view, that price far outweighed the value of the information gained through the use of techniques beyond those in the manual. I urge my colleagues to listen to the words of David Petraeus. Here is a letter I received this month from former intelligence interrogation professionals, the U.S. military, the CIA, and the FBI. Here is an excerpt from the letter they sent to me this month: As intelligence and interrogation professionals who have offered our collective voice opposing torture and other forms of cruel, inhuman or degrading treatment, we strongly encourage you to support the amendment. . . . The interrogation methods that have kept America safe for generations are sophisticated, humane, lawful and produce reliable, actionable intelligence in any interrogation scenario. To promote a return to that respected level of professionalism, there must be a single well-defined standard of conduct--consistent with our values as a nation--across all U.S. agencies to govern the detention and interrogation of people anywhere in U.S. custody. This is supported by some of our most experienced military leaders. They expressed their views in a letter I received this month, 30 of whom are retired, including a former Commandant of the Marine Corps, former commander of Centcom, former commander and chief of U.S. Army Europe--they wrote the following: This amendment not only solidifies America's stance against torture and other forms of cruel, inhuman or degrading treatment. It also ensures that interrogation methods used by all U.S. personnel are professional and reflect the government's best practices. In that way, we not only ensure that these interrogations are humane and lawful, but also that they produce reliable intelligence on which we depend if we are to fight and win against the current terrorist threat. Mr. President, I ask unanimous consent to have printed in the Record the letter from those individuals dated June 9, 2015. There being no objection, the material was ordered to be printed in the Record, as follows: June 9, 2015. Dear Senator: As intelligence and interrogation professionals who have offered our collective voice opposing torture and other forms of cruel, inhuman or degrading treatment, we strongly encourage you to support the amendment to the 2016 National Defense Authorization Act that solidifies the ban against torture and cruel treatment of detainees in U.S. custody. While international and domestic law, including the 2005 Detainee Treatment Act, prohibit such cruelty, sadly high- level officials in the Executive Branch exploited loopholes and still authorized torture and cruel treatment. The interrogation methods that have kept America safe for generations are sophisticated, humane, lawful, and produce reliable, actionable intelligence in any interrogation scenario. To promote a return to that respected level of professionalism, there must be a single well-defined standard of conduct--consistent with our values as a nation--across all U.S. agencies to govern the detention and interrogation of people anywhere in U.S. custody. The amendment would ensure lawful, effective, and humane interrogations of individuals taken into custody by requiring all agencies and departments to comply with the time-tested requirements of the Army Field Manual (``Human Intelligence Collector Operations''). It would also require a review of the Army Field Manual to ensure that best practices and the most recent evidenced-based research on humane interrogation are incorporated. It would also codify existing Department of Defense (DOD) practice of guaranteeing timely notification and access to the International Committee of the Red Cross (ICRC) for detainees taken into custody--an important bulwark against abuse. We strongly urge you to support this legislation to help move our country forward and reaffirm that there is no conflict between adhering to one of our nation's essential and founding values--respect for inherent human dignity--and our ability to obtain the intelligence we need to protect the nation. Sincerely, Frank Anderson, CIA (Ret.); Donald Canestraro, DEA (Ret.); Glenn Carle, CIA (Ret.); Jack Cloonan, CIA (Ret.); Barry Eisler, Formerly CIA; Eric Fair, Formerly U.S. Army; Mark Fallon, NCIS (Ret.); Charlton Howard, NCIS (Ret.); David Irvine, Brigadier General, U.S. Army (Ret.); Timothy James, NCIS (Ret.); Steve Kleinman, Colonel, USAFR (Ret.); Marcus Lewis, Formerly U.S. Army; Brittain Mallow, Colonel, USA (Ret.); Mike Marks, NCIS (Ret.); Robert McFadden, NCIS (Ret.); Charles Mink, Formerly U.S. Army; Joe Navarro, FBI (Ret.); Torin Nelson, Formerly U.S. Army; Carissa Pastuch, Formerly U.S. Army; William Quinn, Formerly U.S. Army; Ken Robinson, U.S. Army (Ret.); Rolince, Mike, FBI (Ret.); Ed Soyster, Lieutenant General, U.S. Army (Ret.). Mr. McCAIN. In a letter this month, the National Association of Evangelicals wrote the following in support of this amendment: While the use of torture is currently prohibited across all government agencies by executive order, this fundamental principle must be enshrined in law to ensure that no future President may authorize the use of torture. Again, that is from the National Association of Evangelicals. The Committee on International Justice and Peace at the United States Conference of the Catholic Bishops wrote the following in support of the amendment: In Catholic teaching, torture is an intrinsic evil that cannot be justified under any circumstances as it violates the dignity of the human person, both victim and perpetrator, and degrades any society that tolerates it. We urge all Senators to support the McCain-Feinstein amendment that would help to ensure that laws are enacted so that our government does not engage in torture ever again. I respect the dedication and services of those charged with protecting this country. For 14 years, America's security professionals in the military, intelligence community, and beyond have lived every day with a dogged determination to protect their fellow Americans. But at the same time, we must continue to insist that the methods we employ in this fight for peace and freedom must always be as right and honorable as the goals and ideals we fight for. I believe past interrogation policies compromised our values, stained our national honor, and did little practical good. I don't believe we should have employed such practices in the past, and we should never permit them in the future. This amendment provides greater assurances that never again will the United States follow that dark path of sacrificing our values for our short-term security needs. I also know that such practices don't work. I know from personal experience that the abuse of prisoners does not produce good, reliable intelligence. Victims of torture will offer intentionally misleading information if they think their captors will believe it. I firmly believe that all people, even captured enemies, possess basic human rights which are protected by international standards often set by America's past leaders. Our enemies act without conscience. We must not. Let's reassert the contrary proposition that it is essential to our success in this war that we ask those who fight it for us to remember at all times that they are defending a sacred ideal of how nations should be governed and should remember this when they conduct their relations with others, even our enemies. Those of us who give them this duty are obliged by history, by our Nation's highest ideals and the many terrible sacrifices made to protect them, and by our respect for human dignity to make clear that we need not risk our national honor to prevail in this or any war. We need only remember in the worst of times, through the chaos and terror of war, when facing cruelty, suffering, and loss, that we are always Americans and different, stronger, and better than those who would destroy us. I yield the remainder of my time. The PRESIDING OFFICER. The Senator from Rhode Island. Mr. REED. Mr. President, I stand as a very proud cosponsor, along with Senator McCain and Senator Feinstein, on this amendment. I particularly wish to commend both Senator Feinstein and Senator McCain because they have really been the leaders in this Senate and in this country in expressing our fundamental values when [[Page S4182]] it comes to the techniques we employ for those we detain in combat zones. Both their words and personal example have set an extraordinary standard for us to respond to, and this amendment is typical of what they have done. It would codify the terms of President Obama's Executive order 13491 that applies to the Army Field Manual on interrogations not only for the U.S. military but also for the interrogation of detainees by other U.S. Government agencies. What I think is so critical to this debate, this amendment, and the service of these two Senators is that the humane treatment standard we set for those who are in our custody also serves to protect our men and women if they fall into the hands of our opponents. We then can say with complete sincerity and complete fidelity that we demand our troops receive humane treatment when in the custody of hostile forces because that is what we do. When we deviate from that standard, we imperil the safety and lives of our men and women in uniform who may fall into hostile hands. As we adhere to these standards, we are not only setting a very high bar for the treatment of those whom we may hold, but we are innately protecting the safety, health, welfare, and well-being of those who serve in the uniform of the United States, and for that reason in particular, I commend the sponsors of this amendment and urge all of my colleagues to support it. With that, I yield the floor. The PRESIDING OFFICER. The Senator from California. Mrs. FEINSTEIN. Mr. President, I thank both Senator McCain and Senator Reed for their remarks. I particularly wish to thank Senator McCain, whose life experience, for me, has been a guidepost. I don't know anyone in this body who is more standup--and can sometimes be more stubborn, but this all comes into play as an important thing--and stands for the real, true, major issues this country faces. I will never forget a conversation I had with him on the plane back from Guantanamo. When he spoke in the Kennedy Caucus Room and used the tap language he learned as a prisoner of war in Vietnam and to see this man, so many years since that time, tap out messages that were meant for prison mates in other cells with such speed and alacrity certainly indicated that this was a very deep impression which was made on his life. I think the fact that he has shared that with others, including me, is very important. I want Senator McCain to know how much I appreciate his work on this and how grateful we are for his service to this country. He has unique courage and unique stamina, and maybe that is just all-American. Again, I thank the Senator from Arizona very much for his work, and the same for Senator Reed, the ranking member on this committee. Senator Reed is military-American through and through. Having his support has been terrific. Again, I thank both of them very much. It was a pleasure to work with both of my colleagues, and I hope this passes. The PRESIDING OFFICER. The Senator from Arizona. Mr. McCAIN. Mr. President, I thank Senator Feinstein for her very kind words and her friendship and leadership. I hope that in return for all of this, she will send back all the water to Arizona that California has stolen from our State. My beloved former colleague, Senator Barry Goldwater, used to say that in Arizona, we had so little water that the trees chased the dogs, so we would like to get the water back from California, and I hope that can be part of the wonderful friendship we have enjoyed now for many years. I thank the Senator from California. I yield the floor. Mr. President, I yield back all time. The PRESIDING OFFICER. Without objection, all time is yielded back. Under the previous order, the question is on agreeing to amendment No. 1889, offered by the Senator from California, Mrs. Feinstein. Mr. McCAIN. Mr. President, I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There appears to be a sufficient second. The clerk will call the roll. The legislative clerk called the roll. Mr. CORNYN. The following Senator is necessarily absent: the Senator from Florida (Mr. Rubio). The PRESIDING OFFICER. Are there any other Senators in the Chamber desiring to vote? The result was announced--yeas 78, nays 21, as follows: [Rollcall Vote No. 209 Leg.] YEAS--78 Alexander Ayotte Baldwin Bennet Blumenthal Booker Boozman Boxer Brown Burr Cantwell Capito Cardin Carper Casey Cassidy Collins Coons Corker Cruz Daines Donnelly Durbin Enzi Feinstein Flake Franken Gardner Gillibrand Grassley Heinrich Heitkamp Heller Hirono Hoeven Isakson Johnson Kaine King Kirk Klobuchar Leahy Manchin Markey McCain McCaskill Menendez Merkley Mikulski Moran Murkowski Murphy Murray Nelson Paul Perdue Peters Portman Reed Reid Rounds Sanders Schatz Schumer Shaheen Shelby Stabenow Sullivan Tester Thune Tillis Toomey Udall Warner Warren Whitehouse Wicker Wyden NAYS--21 Barrasso Blunt Coats Cochran Cornyn Cotton Crapo Ernst Fischer Graham Hatch Inhofe Lankford Lee McConnell Risch Roberts Sasse Scott Sessions Vitter NOT VOTING--1 Rubio The amendment (No. 1889) was agreed to. [...] [Congressional Record Volume 161, Number 96 (Tuesday, June 16, 2015)] [Senate] [Pages S4185-S4194] [...] Amendment No. 1889 Mr. CORNYN. Mr. President, this morning I voted against the Feinstein-McCain amendment No. 1889 because I believe it represents shortsighted national security policy. The central provision of this amendment would limit the interrogation of detainees by any U.S. Government employee or agent to techniques that are listed in the publicly available Army Field Manual on human intelligence collection (FM 2-22.3)，实质上是对奥巴马总统2009年1月22日发布的第13491号行政命令的一部分进行了编纂。由于该手册的广泛公开，这一政策使我们的敌人能够研究和分析我们试图从他们那里获取敏感信息的方法，使他们有机会针对这些技术进行训练并为之做好准备。很简单，这一政策的效果是将我们的整个审讯方案交给了自称为“伊拉克与黎凡特伊斯兰国”(Islamic State of Iraq and the Levant)、“ISIL”、基地组织和塔利班等组织，这是一个严重的错误。此外，这种限制是不必要的，因为国会已经采取行动，通过颁布2005年《拘留者待遇法案》，禁止审问或其他“残忍、不人道或有辱人格的待遇或惩罚”的囚犯待遇。在过去，其他未向敌人公开披露的审讯技术，即所谓的强化审讯技术，在许多情况下证明了它们的价值。在2001年9月11日的恐怖袭击之后，这些增强的技术被认为是必要的，用于某些顽固的基地组织领导人和特工，他们拥有宝贵的情报，可以挽救美国人的生命，包括对我们国家的袭击计划的知识。有强有力的证据表明，在绝望的情况下，eit帮助保护了我们的国家免受恐怖袭击。此外，通过这些审讯获得的情报帮助确定了奥萨马·本·拉登的位置，并使此次行动得以于2011年5月2日在巴基斯坦的阿伯塔巴德击毙或抓获他。奥巴马政府不能否认，通过使用增强技术收集的情报在追捕本•拉登的过程中发挥了作用。近几个月来，恐怖主义威胁的强度和复杂性都在增加。 The rise of the terrorist army of ISIL makes this a challenging time in the fight against terrorism. While it is clear that President Obama has no intention of authorizing the use of enhanced interrogation techniques while he is President, this amendment would unwisely and tightly restrict the tools available to future Presidents to protect this country. I cannot support such a policy. [...]