Intelligence Authorization Act for Fiscal Year 2008
Encyclopedia
The Intelligence Authorization Act for Fiscal Year 2008 would have authorized funding levels for the 13 government intelligence agencies and increased oversight for the U.S. intelligence community. The bill would have also applied the standards in the U.S. Army Field Manual to the entire government, effectively barring the CIA and other agencies from using tactics like waterboarding
in their interrogations. The bill was sponsored by Rep. Silvestre Reyes (D, TX-16).
The bill was vetoed by President Bush
and did not receive enough votes for an override.
Two days after Barack Obama
became president he issued an executive order ordering the CIA to apply the standards of the U.S. Army Field Manual.
The Senate soon followed suit after a modest amount of internal debate, approving a similar version of the intelligence bill in a voice vote on October 3, 2007.
. The provision was inserted by Sen. Dianne Feinstein
(D-Calif.).
The inserted provision would limit the CIA to the 19 interrogation tactics in the U.S. Army Field manual, effectively banning waterboarding, exposure to extreme temperatures and other techniques used on War on Terror
detainees after the Sept. 11, 2001, terrorist attacks in the U.S. It bans a total of eight interrogation techniques: mock executions, beatings, electrical shocks, forced nakedness, sexual acts, causing hypothermia and heat injuries.
Congress had banned such attacks from being used by the military through the Detainee Treatment Act of 2005. Sen. John McCain
(R-Ariz.) had sponsored the Act, but opposed the conference committee ban because, he said, it applied military standards to intelligence agencies. McCain also said that waterboarding was forbidden under current law but asked the Bush administration to clarify the matter by declaring it illegal.
The House approved the bill, by a vote of 222-199.
Before the Senate voted In February, there were two weeks of debate over the CIA's use of waterboarding on three al-Qaeda prisoners in 2002 and 2003. The United States Department of Justice
was also expected to tell the House that "there has been no determination by the Justice Department" was legal or illegal. The Bush administration had also just announced that it planned to put six War on Terror detainees from Guantanamo Bay - five of which had been subjected to the CIA tactics - on trial for involvement in the Sept. 11, 2001, terrorist attacks.
The Senate approved the conference report by a 51-45 vote on Feb. 13, 2008.
On March 11, Speaker Nancy Pelosi
(D-Calif.) attempted but failed to lead the House in a vote overriding the veto, 224-188.
Waterboarding
Waterboarding is a form of torture in which water is poured over the face of an immobilized captive, thus causing the individual to experience the sensation of drowning...
in their interrogations. The bill was sponsored by Rep. Silvestre Reyes (D, TX-16).
The bill was vetoed by President Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
and did not receive enough votes for an override.
Two days after Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
became president he issued an executive order ordering the CIA to apply the standards of the U.S. Army Field Manual.
Initial debate and passage
Introduced on May 1, 2007, the House passed a version of the Intelligence Authorization Act for Fiscal Year 2008 (H.R. 2082) less than two weeks later, by a vote of 225-197.The Senate soon followed suit after a modest amount of internal debate, approving a similar version of the intelligence bill in a voice vote on October 3, 2007.
Anti-torture provisions inserted during conference committee
When the bill came out of conference committee on Dec. 6, 2007, it had a provision barring the CIA and the rest of the federal government from many interrogation tactics criticized as "torture" and "abusive" by civil liberties groups, including waterboardingWaterboarding
Waterboarding is a form of torture in which water is poured over the face of an immobilized captive, thus causing the individual to experience the sensation of drowning...
. The provision was inserted by Sen. Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....
(D-Calif.).
The inserted provision would limit the CIA to the 19 interrogation tactics in the U.S. Army Field manual, effectively banning waterboarding, exposure to extreme temperatures and other techniques used on War on Terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
detainees after the Sept. 11, 2001, terrorist attacks in the U.S. It bans a total of eight interrogation techniques: mock executions, beatings, electrical shocks, forced nakedness, sexual acts, causing hypothermia and heat injuries.
Congress had banned such attacks from being used by the military through the Detainee Treatment Act of 2005. Sen. John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
(R-Ariz.) had sponsored the Act, but opposed the conference committee ban because, he said, it applied military standards to intelligence agencies. McCain also said that waterboarding was forbidden under current law but asked the Bush administration to clarify the matter by declaring it illegal.
The House approved the bill, by a vote of 222-199.
Before the Senate voted In February, there were two weeks of debate over the CIA's use of waterboarding on three al-Qaeda prisoners in 2002 and 2003. The United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
was also expected to tell the House that "there has been no determination by the Justice Department" was legal or illegal. The Bush administration had also just announced that it planned to put six War on Terror detainees from Guantanamo Bay - five of which had been subjected to the CIA tactics - on trial for involvement in the Sept. 11, 2001, terrorist attacks.
The Senate approved the conference report by a 51-45 vote on Feb. 13, 2008.
Veto by President Bush and failed House override
As he promised, President Bush vetoed the legislation on March 8. His veto applied to the authorization for the entire intelligence budget for the 2008 fiscal year, but he cited the waterboarding ban as the reason for the veto.On March 11, Speaker Nancy Pelosi
Nancy Pelosi
Nancy Patricia D'Alesandro Pelosi is the Minority Leader of the United States House of Representatives and served as the 60th Speaker of the United States House of Representatives from 2007 to 2011...
(D-Calif.) attempted but failed to lead the House in a vote overriding the veto, 224-188.
External links
- Tim Starks, "CIA Interrogation Tapes Issue Plays Out Against Authorization Bill Vote," CQ Politics, Dec. 11, 2007.
- Mark D. AgrastMark D. AgrastMark David Agrast is an American lawyer who is a Deputy Assistant Attorney General in the United States Department of Justice, overseeing criminal and national security matters for the department's Office of Legislative Affairs....
, "Ending Torture: CIA Tapes Spur House Action," Center for American ProgressCenter for American ProgressThe Center for American Progress is a progressive public policy research and advocacy organization. Its website states that the organization is "dedicated to improving the lives of Americans through progressive ideas and action." It has its headquarters in Washington D.C.Its President and Chief...
, Dec. 13, 2007. - Patrick Yoest, "Intelligence Bill Including Interrogation Restrictions Faces Bush Veto," CQ Politics, Feb. 13, 2008.
- "ACLU applauds vote to apply Army Field Manual government-wide" (press release), American Civil Liberties UnionAmerican Civil Liberties UnionThe American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, Feb. 13, 2008. - Tim Starks, "Bush to Veto Intelligence Authorization; Unsuccessful Override Predicted", Congressional Quarterly, Feb. 29, 2008.
- Dan Eggen, "Bush Poised to Veto Waterboarding Ban," Washington Post, Mar. 8, 2008.
- Congresspedia