December 11, 2008 CONGRESSIONAL RECORD — SENATE S10937 

Passage of the TVPRA is a tribute to 

the leadership and legacies of Senator 

Wellstone and Representative Lantos. 

I am pleased that the authors of the 

TVPRA included two of my human 

rights initiatives from the 110th Congress. First, the TVPRA contains a law 

enforcement initiative I introduced 

with Senator COBURN called the Trafficking in Persons Accountability Act, 

which will allow Federal prosecutors to 

investigate and prosecute traffickers 

found in the United States even if their 

trafficking crimes were committed 

abroad. This initiative, which I discussed in more detail in a CONGRESSIONAL RECORD statement on October 1, 

2008, makes an important statement 

about this nation’s intolerance for 

human rights abuses wherever they 

occur. 

The Justice Department’s Civil 

Rights Division, working with other 

DOJ components and with U.S. attorney’s offices around the country, 

brought a record number of trafficking 

prosecutions in fiscal year 2008, and the 

TVPRA provides the Justice Department with additional tools—including 

the Trafficking in Persons Accountability Act—to continue its vigorous 

fight against human trafficking. 

The TVPRA also includes another 

human rights initiative of mine—the 

Child Soldier Prevention Act—to deter 

the use of children as soldiers in armed 

conflicts around the world. Each day, 

up to 250,000 children are exploited in 

state-run armies, paramilitaries, and 

guerilla groups around the world. 

These child soldiers serve as combatants, porters, human mine detectors, 

and sex slaves. Their health and lives 

are endangered and their childhoods 

are sacrificed. The lasting effects of 

war and abuse may also remain with 

them long after the shooting stops. 

The Child Soldier Prevention Act, 

which I introduced with Senator 

BROWNBACK in 2007, is designed to encourage governments to disarm, demobilize, and rehabilitate child soldiers that are being used and abused in 

government forces and governmentsupported militias. Using the State Department’s Country Reports on Human 

Rights as a barometer, this bill limits 

the provision of U.S. International 

Military Education and Training, Foreign Military Financing, and other defense-related assistance in our foreign 

operations programs for countries that 

use child soldiers. Countries that are 

identified in a Human Rights Report as 

recruiting or using child soldiers in 

government armed forces or government-supported paramilitaries or militias in violation of international standards would lose their eligibility for 

substantial U.S. assistance. 

Ishmael Beah made a compelling case 

for the urgent need for this legislation 

in his testimony last year before my 

Senate Judiciary Subcommittee on 

Human Rights and the Law, and in his 

firsthand account of his years as a 

child soldier in Sierra Leone in his 

book ‘‘A Long Way Gone: Memoirs of a 

Boy Soldier.’’ In his testimony before 

my subcommittee, Mr. Beah said: 

As I speak to you, there are thousands of 

children from ages 8 to 17—in Burma, Sri 

Lanka, Congo, Uganda, Ivory Coast, Colombia, just to name a few places—that are 

being forced to fight and lose their childhoods and their families. They are maimed 

and lose their humanity, and these are the 

fortunate ones. Those who are less fortunate 

are killed in the senseless wars of adults. 

There are credible reports that children are again being recruited to fight 

in the Democratic Republic of Congo, a 

country that has suffered a recent horrific surge in violence after years of 

being ravaged by war, and a country 

that receives U.S. military assistance. 

The United Nations Children’s Fund reports that the forced recruitment of 

children as soldiers in Congo is widespread and on the rise. Since the most 

recent outbreak of violence in August, 

more than 250,000 people have been displaced. According to the U.N., children 

who flee their homes are often separated from their families, and therefore 

left unprotected and vulnerable to warring parties that force them into their 

armies. 

The use of child soldiers directly contravenes U.S. policy and the Optional 

Protocol to the Convention on the 

Rights of the Child on the Involvement 

of Children in Armed Conflict, which 

the United States ratified in 2002. The 

United States has a moral obligation 

to avoid funding armed forces that use 

child soldiers. I am proud that with the 

passage of the TVPRA, we have taken 

an important step to try to stop this 

abhorrent practice. 

Finally, I want to highlight an important provision in the TVPRA that 

will crack down on foreign diplomats 

in the United States who abuse their 

domestic employees. At a Human 

Rights and the Law Subcommittee 

hearing I chaired in 2007 regarding 

human trafficking, we heard testimony 

from a distinguished human rights lawyer, Martina Vandenberg, who represents several trafficking victims in 

lawsuits against their traffickers. Due 

to the doctrine of diplomatic immunity, a legal principle that exempts 

certain government officials from the 

jurisdiction of U.S. courts, Ms. Vandenberg indicated that such lawsuits are 

routinely dismissed. 

A July 2008 GAO report, which Senator COBURN and I requested, revealed 

that there have been 42 documented allegations in the United States of unlawful abuse, exploitation, or human 

trafficking by foreign diplomats with 

immunity since 2000, and that the Justice Department has opened 19 criminal 

investigations of foreign diplomats in 

the past three years alone. These are 

not isolated incidents. 

The TVPRA requires the Secretary of 

State to suspend the issuance of A–3 

and G–5 visas—used for the hiring of 

non-U.S. citizens as domestic workers—with respect to foreign diplomats 

employed by a country or international 

organization that has a record of tolerating the abuse or exploitation of domestic workers. The act also prevents 

such visas from being issued or renewed unless the domestic worker 

meets personally with a U.S. consular 

official outside the presence of the employer to go over their employment 

rights and protections. And the act 

contains a robust reporting requirement that will help keep Congress informed about future incidents of abuse 

of A–3 and G–5 visa holders, as well as 

about options to ensure that victims 

receive appropriate compensation if 

their rights are violated but they are 

prevented from seeking a remedy in 

court due to the assertion of diplomatic immunity. 

Human trafficking is a form of modern-day slavery. President-elect 

Barack Obama has called it ‘‘a 

debasement of our common humanity.’’ 

With the passage of the TVPRA—the 

fourth major antitrafficking bill passed 

by Congress in the past 8 years—Congress has once again exercised its 

moral leadership on one of the most urgent human rights challenges of our 

time. 

f 

ANNOUNCING CHRISTOPHER 

JAMES DUFFIELD 

Mr. KYL. Madam President, I rise 

today to announce to the Senate the 

arrival of another Duffield in this 

world. Christopher James Duffield was 

born to his parents, Steven and Cara, 

on the third day of November. Christopher’s father Steven served as the executive director of the Platform Committee at this year’s Republican Convention in Minneapolis. Prior to that, 

Steven served as a senior policy advisor and chief counsel to me at the Republican Policy Committee and the 

Senate Republican Conference. Christopher’s mother, Cara, is a partner at 

the law firm of Wiley Rein. 

Christopher joins us at what is a tumultuous and difficult time for both 

the Nation and the Republican Party. 

On November 4, we Republicans fared 

poorly in Federal elections, losing the 

Presidency and deepening our deficit in 

the House and Senate. The new majority promises to cure the Nation’s economic ills with a Keynesian spending 

spree of the type that worked so brilliantly in the 1930s, and pledges that it 

will reduce taxes for 95 percent of 

Americans, while only increasing them 

for some other guy. Many fear that the 

coming years will put the test to Alexis de Tocqueville’s warning that ‘‘the 

American Republic will endure, until 

politicians realize they can bribe the 

people with their own money.’’ 

Meanwhile, since September of this 

year, the United States has experienced a severe financial crisis, precipitated by the collapse of banks that 

have been overwhelmed by the weight 

of unsound mortgages that they acquired. Many established and storied financial institutions have disappeared 

in bankruptcies and mergers during the 

last few months. As lending has tightened, unemployment has increased, and 

S10938 CONGRESSIONAL RECORD — SENATE December 11, 2008 

the Nation appears to be headed into a 

deep recession. And on November 26, as 

if to remind us that the other problems 

confronting our nation have not receded, a group of Islamic terrorists attacked innocent civilians in the Indian 

city of Bombay, killing 171 people. 

Those attacks reminded many of us of 

the evil that this Nation faced on September 11, 2001, and of the long war 

that still lies ahead of us. 

And yet—and yet, things are not so 

bad. The United States is about to 

complete another peaceful democratic 

transition, and has just elected its first 

African-American President, giving 

hope to many that the Nation will yet 

overcome its racial divisions. The current credit crisis is not unlike ones 

that we have survived in the past, and 

our understanding of the financial system and how to fix it certainly is much 

deeper than it was in 1929. And, had 

you asked Americans 7 years ago, very 

few then would have dared to guess 

that the United States would not suffer 

any foreign terrorist attacks on its soil 

during these ensuing 7 years. 

The Republican Party, though currently unloved, will return to its roots 

and eventually regain the confidence of 

the American people. And though Republicans will be out of power in the 

political branches, the current President, with a little help from his 

friends, has made two very fine appointments to the U.S. Supreme Court, 

restoring a semblance of the rule of law 

to that branch of government for the 

first time in many years. 

The Republicans’ loss of the Presidency may even have some salutary effects. Already, there are signs that 

with a Democrat coming to the White 

House, our Nation’s liberal press may 

relent in its 8-year assault on the authority of the executive branch. On the 

day that Christopher was born, I and 

many others picked up the New York 

Times and nearly spilled our coffee 

when we came across a front-page article that was titled: ‘‘Next President 

Will Face Test on Detainees—Some at 

Guantanamo Called Serious Risks.’’ I 

will ask that a copy of this article be 

printed in the RECORD following my remarks. 

For at least 5 years now, anyone who 

relied on the New York Times as a 

source of information about the world 

was liable to come away with the impression that the men held by our military at the Guantanamo Naval Station 

are detained there purely out of spite 

or out of some other even less pure motive. News stories about Guantanamo 

have credited every accusation made 

by the detainees and their lawyers, no 

matter how implausible, but would 

treat with great skepticism any evidence that the Guantanamo detentions 

are necessary—that is, on the rare occasion when the papers could even be 

bothered to report such evidence. 

And yet just as a Democratic Presidential victory began to seem inevitable, the New York Times treats us to 

this article. We learn therein that 

many of the detainees have participated in terrorist attacks against 

Americans, are skilled in bombmaking 

and other terrorist arts, or have announced that they would like nothing 

better than to return to killing innocent people. For some of us, it is not 

news that the men detained at Guantanamo are dangerous. I would invite my 

colleagues to review the minority 

views that I and others submitted for 

Senate Report 110–90, or Justice 

Scalia’s dissenting opinion in the 

Boumediene case. And on November 3, 

for the first time, such information is 

not news even to those who trust the 

New York Times. 

Public-relations victories like this 

one are important, for ultimately our 

enemies do not expect to defeat us on 

the battlefield. Rather, they seek to 

win by sowing fear, by demoralizing us, 

and by weakening our will to defend 

ourselves. Their particular brand of 

medieval barbarism will never sustain 

a civilization capable of defeating us in 

a conventional battle, but even a powerful nation such as ours must be willing to fight if it is to prevail against 

such an enemy. 

I know that Steven and Cara will instill in young Christopher, and his sister Laura, an appreciation and respect 

for our Nation, its unique institutions, 

and its open and democratic culture. It 

is just such people, who understand 

this country and its virtues, who ultimately will ensure that the American 

way of life continues and even thrives. 

And it is thus with hope for the future 

that I welcome young Christopher 

James Duffield to this world. 

I ask unanimous consent that the following news article be printed in the 

RECORD. 

There being no objection, the material was ordered to be printed in the 

RECORD, as follows: 

[From the New York Times, Nov. 3, 2008] 

NEXT PRESIDENT WILL FACE TEST ON

DETAINEES

SOME AT GUANTANAMO CALLED SERIOUS RISKS

(By William Glaberson and Margot Williams) 

They were called the Dirty 30—bodyguards 

tor Osama bin Laden captured early in the 

Afghanistan war—and many of them are still 

being held at Guantanamo Bay, Cuba. Others 

still at the much-criticized detention camp 

there include prisoners who the government 

says were trained in assassination and the 

use of poisons and disguises. 

One detainee is said to have been schooled 

in making detonators out of Sega game cartridges. A Yemeni who has received little 

public attention was originally selected by 

Mr. bin Laden as a potential Sept. 11 hijacker, intelligence officials say. 

As the Bush administration enters its final 

months with no apparent plan to close the 

Guantanamo Bay camp, an extensive review 

of the government’s military tribunal files 

suggests that dozens of the roughly 255 prisoners remaining in detention are said by 

military and intelligence agencies to have 

been captured with important terrorism suspects, to have connections to top Al Qaeda 

leaders or to have other serious terrorism 

credentials. 

Senators John McCain and Barack Obama 

have said they would close the detention 

camp, but the review of the government’s 

public files underscores the challenges of fulfilling that promise. The next president will 

have to contend with sobering intelligence 

claims against many of the remaining detainees. 

‘‘It would be very difficult for a new president to come in and say, ‘I don’t believe 

what the C.I.A. is saying about these guys,’’ 

said Daniel Marcus, a Democrat who was 

general counsel of the 9/11 Commission and 

held senior positions in the Carter and Clinton administrations. 

The strength of the evidence is difficult to 

assess, because the government has kept 

much of it secret and because of questions 

about whether some was gathered through 

torture. 

When the administration has had to defend 

its accusations in court, government lawyers 

in several cases have retreated from the 

most serious claims. As a result, critics have 

raised doubts about the danger of Guantanamo’s prisoners beyond a handful of the 

camp’s most notorious detainees. 

But as a new administration begins to sort 

through the government’s dossiers on the 

men, the analysis shows, officials are likely 

to face tough choices in deciding how many 

of Guantanamo’s hard cases should be sent 

home, how many should be charged and what 

to do with the rest. 

The Pentagon has declined to provide a list 

of the detainees now being held or even to 

specify how many there are beyond offering 

a figure of ‘‘about 255.’’ But by reviewing 

thousands of pages of government documents 

released in recent years, as well as court 

records and news media reports from around 

the world, The New York Times was able to 

compile its own list and construct a picture 

of the population still held at Guantanamo. 

Much of the analysis is based on records of 

hearings at Guantanamo about individual 

detainees, which have been made public 

since 2006 as a result of an Associated Press 

law suit. The Times has posted those documents on its Web site arranged by detainee 

name. 

The analysis shows that about 34 of the remaining detainees were seized in raids in 

Pakistan that netted three men the government calls major Qaeda operatives: Abu 

Zubaydah, Ramzi bin al-Shibh and Al Hajj 

Abdu Ali Shargawi. Sixteen detainees are accused of some of the most significant terrorist attacks in the last decade, including 

the 1998 American embassy bombings, the 

2000 attack on the U.S.S. Cole in Yemen, and 

the Sept. 11 attacks. Twenty others were 

called Mr. bin Laden’s bodyguards. 

The analysis also shows that 13 of the 

original 23 detainees who arrived at Guantanamo on Jan. 11, 2002, remain there nearly 

seven years later. Of the approximately 255 

men now being held, more than 60 have been 

cleared for release or transfer, according to 

the Pentagon, but remain at Guantanamo 

because of difficulties negotiating transfer 

agreements between the United States and 

other countries. 

Two of those still held, government documents show, were seen by Mr. bin Laden as 

potential Sept. 11 hijackers. The case of Mohammed al-Qahtani, whom the government 

has labeled a potential ‘‘20th hijacker,’’ has 

drawn wide notice because he was subjected 

to interrogation tactics that included sleep 

deprivation, isolation and being put on a 

leash and forced to perform dog tricks. 

The other detainee deemed a potential hijacker, whose presence at Guantanamo has 

gone virtually unmentioned in public reports, is a Yemeni called Abu Bara. The 9/11 

Commission said he studied flights and airport security and participated in an important planning meeting for the 2001 attack in 

Malaysia in January 2000. 

December 11, 2008 CONGRESSIONAL RECORD — SENATE S10939 

The Guantanamo list also includes two 

Saudi brothers, Hassan and Walid bin 

Attash. The government describes them as 

something like Qaeda royalty. Military officials said during Guantanamo hearings that 

their father, imprisoned in Saudi Arabia, was 

a ‘‘close contact of Osama bin Laden’’ and 

that his sons were committed jihadists. 

Walid bin Attash is facing a possible death 

sentence as a coordinator of the Sept. 11 attacks. Hassan bin Attash was alleged to have 

been involved in planning attacks on American oil tankers and Navy ships. 

Hassan bin Attash’s lawyer, David H. 

Remes, said the government’s claims about 

the detainees were not credible. He and other 

detainees’ lawyers say that the government’s 

accusations have been ever-changing and 

that much of the evidence was obtained 

using techniques he and others have described as torture. ‘‘You look at all of this 

stuff, and it looks terribly scary,’’ Mr. 

Remes said. ‘‘But how do we know any of it 

is true?’’ 

The extensive use of secret evidence and 

information derived from aggressive interrogations has led critics around the world to 

conclude that many detainees were wrongly 

held. Nearly seven years after Guantanamo 

opened its metal gates, only 18 of the current 

detainees are facing crimes charges. 

While both presidential candidates have 

said they would close the detention center, 

they have not said in detail how they would 

handle the remaining detainees. 

Mr. McCain has said he would move the 

Guantanamo detainees to the United States 

but has indicated that he would try them in 

the Pentagon’s commission system established after 9/11. After the conviction at 

Guantanamo, last summer of a former driver 

for Mr. bin Laden, Mr. McCain said the verdict ‘‘demonstrated that military commissions can effectively bring very dangerous 

terrorists to justice.’’ 

Mr. Obama has said that the Bush administration’s system of trying detainees ‘‘has 

been an enormous failure’’ and that the existing American legal system—trials in either civilian or military courts—was strong 

enough to handle the trials of terrorism suspects. 

But in a speech on the Senate floor in 2006, 

Mr. Obama suggested that the allegations 

against many of the detainees needed to be 

taken seriously. ‘‘Now the majority of the 

folks in Guantanamo, I suspect, are there for 

a reason,’’ he said. ‘‘There are a lot of dangerous people.’’ 

Some of the remaining prisoners have appeared determined to show how dangerous 

they are. ‘‘I admit to you it is my honor to 

be an enemy of the United States,’’ said a 

Yemeni detainee, Abdul Rahman Ahmed, a 

hearing record shows. Officials said Mr. 

Ahmed had been trained at a terrorist camp 

‘‘how to dress and act at an airport’’ and to 

resist interrogation. 

A Saudi detainee, Muhammed Murdi Issa 

al Zahrani, was described by Pentagon officials as a trained assassin who helped plan 

the suicide-bomb killing of Ahmed Shah 

Massoud, the Afghan rebel leader, on Sept. 9, 

2001. 

‘‘The detainee said America is ruled by the 

Jews,’’ an officer said at a hearing after 

interviewing Mr. Zahrani, ‘‘therefore America and Israel are his enemies.’’ 

One man caught with Abu Zubaydah insisted on his innocence but described a training camp outside Kabul, Afghanistan, where, 

according to information he gave to interrogators, men were given ‘‘lessons on how to 

make poisons that could be inhaled, swallowed or absorbed through the skin.’’ 

Mr. bin al Shibh was caught with a group 

of six Yemenis, all of whom are still held, 

after a two-and-a-half-hour gun battle. The 

records of those detainees include allegations that some were ‘‘a special terrorist 

team deployed to attack targets in Karachi.’’ 

One of the men, Hail Aziz Ahmad al Maythal, 

was trained in the use of rocket-propelled 

grenade launchers, machine guns and 

‘‘trench digging, disguise techniques, escape 

methods, evasion and map reading,’’ according to the military’s allegations. 

The records include many of the murky 

cases that typify the image of Guantanamo, 

where detainees take issue with their own 

supposed confessions and, sometimes, their 

identities. And those doubts too are to be 

part of a new administration’s inheritance. 

‘‘I was forced to say all these things,’’ an 

Algerian detainee, Adil Hadi al Jazairi bin 

Hamlili, said at his hearing when confronted 

with his confession to murder and knowledge 

of a plot to sell uranium to Al Qaeda. ‘‘I was 

abused mentally and psychologically, by 

threatening to be raped,’’ he said, adding, 

‘‘You would say anything.’’ 

Abdul Hafiz, an Afghan accused of killing a 

Red Cross worker at a Taliban roadblock in 

2003, told a military officer that he had the 

perfect alibi. ‘‘The detainee states again that 

he is not Abdul Hafiz,’’ the officer reported 

to a military tribunal. 

f 

TRIBUTE TO SENATORS 

GORDON SMITH

Mr. LEAHY. Madam President, I 

would like to pay tribute today to the 

service of Senator GORDON SMITH, who 

has served the people of Oregon and his 

country with honor. I have had the 

pleasure of serving with Senator SMITH

during his two terms here in the Senate, and during that time he, and his 

wife Sharon, have been become dear 

friends. Marcelle and I have often enjoyed traveling with Senator SMITH

and his wife Sharon, including a couple 

of trips to Davos, Switzerland, for the 

World Economic Forum. 

Senator SMITH began his political career in 1992 when he was first elected to 

the Oregon State Senate. There he 

served as Minority Leader, and the 

President of the Senate during his first 

term in office. Since his election to the 

United States Senate, Senator SMITH

has always been willing to reach across 

the aisle to bring our colleagues together and his leadership has produced 

a list of impressive legislative accomplishments. 

During his two terms here in the 

Senate, Senator SMITH has committed 

himself to efforts on behalf of the people of Oregon, supporting both criminal 

justice reform and expansion of youth 

services. Following the tragic death of 

his son Garrett, Senator SMITH worked 

tirelessly as an advocate for the early 

intervention and prevention of youth 

suicide, establishing a grant program 

for youth mental health programs 

through the Garrett Lee Smith Memorial Act which was signed into law by 

President Bush in 2004. I also appreciate the partnership that we forged in 

advancing the Innocence Protection 

Act, a package of modest procedural 

reforms relating to the death penalty, 

which I introduced in 2000, and much of 

which was enacted several years later. 

Marcelle and I have valued his friendship and wish GORDON and Sharon all of 

the best. 

JOHN WARNER

Madam President, for most of my 

time in the Senate it has been my 

privilege to serve alongside one of its 

most respected members, the senior 

Senator from Virginia, Mr. WARNER. As 

he prepares to retire from his Senate 

service, I would like to pay tribute to 

him as a leader, a legislator, and as one 

of my closest friends in this body. 

JOHN WARNER is a living emblem of 

the finest the Senate has to offer. He is 

a skilled policymaker who actively 

contributes to the civility that helps 

the Senate function as the Founders 

intended. 

Senator WARNER has represented the 

Commonwealth of Virginia with vision, 

persistence and wisdom. He has helped 

lead the Senate through debates on 

some of the most nettlesome national 

security issues of our time. Always a 

gentleman, he has carried himself with 

the utmost integrity and honesty. He is 

a Senator of his word. We have worked 

together on many issues, and I am 

going to miss his counsel and his 

friendship. 

JOHN WARNER came to the Senate in 

1979, after early service in the U.S. 

Navy and the U.S. Marine Corp’s, 

which led to his successful tenure as 

the Secretary of the Navy. He quickly 

made his mark on one of Congress’s 

most important committees for steering our national security apparatus, 

the Senate Armed Services Committee. 

He rose quickly in seniority and has 

served as the committee’s chairman, 

ranking member, and chairman emeritus. 

He formed a now legendary partnership with Senator Sam Nunn of Georgia, and together they worked to fundamentally restructure the Nation’s 

war-fighting organization in the mid1980s. He has worked closely with the 

committee’s current chair, Senator 

LEVIN, and with ranking member Senator JOHN MCCAIN, to support our 

troops through the wars in Iraq and Afghanistan. As a member of the Defense 

Appropriations Subcommittee, I have 

seen how the two key defense committees have come together to make that 

extensive and crucial department work 

better. JOHN WARNER has been an important part of this superb working arrangement, and it was fitting that the 

fiscal year 2007 Defense Authorization 

Bill was named in his honor. 

Senator WARNER is an accomplished 

advocate for Virginia—the home to a 

wide variety of military installations, 

as well as to rural and urban communities of varied needs. He has tackled 

the difficult transportation challenges 

of the Washington, DC, metropolitan 

area, making a real difference in the 

lives of millions. As a part time resident of Virginia I have always called 

him my Senator away from home. 

Marcelle and I have enjoyed the 

friendship and company of JOHN and 

his wife Jeanne, including on the Senate’s delegation to the recent 60th Anniversary of D-Day. Foreign leaders 

know Senator WARNER extremely well;