Congressional Record: April 14, 2005 (Senate)
Page S3691-S3711
TEXT OF AMENDMENTS
[...]
SA 437. Mr. ROCKEFELLER submitted an amendment intended to be
proposed by him to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for
[[Page S3708]]
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes; which was ordered to lie on the table;
as follows:
On page 231, after line 6, add the following:
SEC. 6047. SENSE OF SENATE ON SELECT COMMITTEE ON
INTELLIGENCE OF THE SENATE INVESTIGATION INTO
PRISONER DETENTION, INTERROGATION, AND
RENDITION POLICIES AND PRACTICES OF THE UNITED
STATES GOVERNMENT.
(a) Sense of Senate.--
(1) In general.--It is the sense of the Senate that the
Select Committee on Intelligence of the Senate should conduct
an investigation into, and study of, all matters relating to
the authorities, policies, and practices of the departments,
agencies, and other entities of the United States Government
on the detention, interrogation, or rendition of prisoners
for intelligence purposes (other than for purely domestic law
enforcement purposes), whether by such departments, agencies,
or entities themselves or in conjunction with any foreign
government or entity.
(2) Elements.--The investigation and study under paragraph
(1) should address and consider--
(A) the history of the authorities, policies, and practices
of the United States Government on the detention,
interrogation, or rendition of prisoners for intelligence
purposes before September 11, 2001, including--
(i) a review of any presidential or other authorities, and
other written guidance, before that date on the detention,
interrogation, or rendition of prisoners;
(ii) a review of any experience before that date with the
detention, interrogation, or rendition of prisoners; and
(iii) an assessment of the legality and efficacy of the
practices before that date with respect to the detention,
interrogation, and rendition of prisoners;
(B) all presidential and other authorities since September
11, 2001, on the detention, interrogation, or rendition of
prisoners for intelligence purposes;
(C) all legal opinions and memoranda of any official or
component of the Department of Justice since September 11,
2001 on the authorities, polices, or practices of the United
States Government with respect to the detention,
interrogation, or rendition of prisoners for intelligence
purposes;
(D) all legal opinions and memoranda of any official or
component of any other department, agency, or entity of the
United States Government since September 11, 2001 on
authorities, policies, or practices with respect to the
detention, interrogation, or rendition of prisoners for
intelligence purposes;
(E) all investigations and reviews conducted since
September 11, 2001 by any department, agency, or entity of
the United States Government, or by any nongovernmental
organization, on the authorities, policies, and practices of
the United States Government with respect to the detention,
interrogation, or rendition of prisoners for intelligence
purposes;
(F) all facts concerning the actual detention,
interrogation, or rendition of prisoners for intelligence
purposes by any department, agency, or other entity of the
United States Government since September 11, 2001;
(G) all facts concerning the knowledge of any department,
agency, or other entity of the United States Government of
the detention and interrogation methods of any foreign
government or entity to which persons detained by the
departments, agencies, or other entities of the United States
Government have been rendered;
(H) case studies and evaluations of the detention,
interrogation, or rendition of persons, including any methods
used and the reliability of the information obtained;
(I) all rules, practices, plans, and actual experiences on
the use of classified information in military tribunals,
commissions, or other proceedings on the detention, continued
detention, or military trials of detainees;
(J) all plans for the long-term detention, or for
prosecution by civilian courts or military tribunals or
commissions, of persons detained by any department, agency,
or other entity of the United States Government or of persons
who have been rendered by the United States Government to any
foreign government or entity; and
(K) any other matters that the Select Committee on
Intelligence of the Senate considers appropriate for the
investigation and study.
(b) Report.--
(1) In general.--The Select Committee on Intelligence of
the Senate should submit to the Senate, not later than six
months after the date of the enactment of this Act, a report
on the investigation and study under subsection (b).
(2) Elements.--The report under paragraph (1) should
include--
(A) such findings as the Select Committee on Intelligence
considers appropriate in light of the investigation and study
under that paragraph; and
(B) such recommendations, including recommendations for
legislative or administrative action, as the Select Committee
on Intelligence considers appropriate in light of the
investigation and study.
(3) Form.--The report under paragraph (1) should be
submitted in unclassified form, but may include a classified
annex.
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