S.Amdt. 3459Senate108th Congress (2003-2005)

To require reports on the detainment of foreign nationals by the Department of Defense.

What it does: Adds SEC. 1022. REPORTS ON MATTERS RELATING TO DETAINMENT OF PRISONERS BY THE DEPARTMENT OF DEFENSE at the end of subtitle C of title X
Submitted June 21, 2004

What it changes

1 change to S. 2400 · shown in the bill's text

Adds a section
  1. Adds SEC. 1022. REPORTS ON MATTERS RELATING TO DETAINMENT OF PRISONERS BY THE DEPARTMENT OF DEFENSE at the end of subtitle C of title X

    Adds a section

    In S. 2400 · Placed on Calendar Senate

    (4) The term "national", except as provided in paragraph (3), has the meaning given such term in section 101(21) of such Act.

    Inserted: SEC. 1022. REPORTS ON MATTERS RELATING TO DETAINMENT OF PRISONERS BY THE DEPARTMENT OF DEFENSE.

    Inserted: (a) Reports Required.--Not later than 90 days after the date of the enactment of this Act, and every six months thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the population of persons held by the Department of Defense for more than 30 days and on the facilities in which such persons are held.

    Inserted: (b) Report Elements.--Each report under subsection (a) shall include the following:

    Inserted: (1) General information on the foreign national detainees in the custody of the Department for more than 30 days during the 6-month period ending on the date of such report, including the following:

    Inserted: (A) The total number of such detainees in the custody of the Department at any time during such period.

    Inserted: (B) The countries in which such detainees were detained, and the number of detainees detained in each such country.

    Inserted: (C) The total number of detainees in the custody of the Department as of the date of such report.

    Inserted: (D) The total number of detainees released from the custody of the Department during such period.

    Inserted: (E) The nationalities of the detainees covered by subparagraph (A), including the number of detainees of each such nationality.

    Inserted: (F) The number of detainees covered by subparagraph (A) that were transferred to the jurisdiction of another country during such period.

    Inserted: (2) For each foreign national detained by the Department of Defense during the six-month period ending on the date of such report the following:

    Inserted: (A) The name.

    Show 23 more inserted paragraphs

    Inserted: (B) The nationality.

    Inserted: (C) The place at which taken into custody.

    Inserted: (D) The circumstances of being taken into custody.

    Inserted: (E) The place of detention.

    Inserted: (F) The current length of detention or, if released, the duration of detention at the time of release.

    Inserted: (G) A categorization as a military detainee or civilian detainee.

    Inserted: (H) The intentions of the United States Government on such detainee, including whether or not the United States will--

    Inserted: (i) continue to hold such detainee with justification;

    Inserted: (ii) repatriate such detainee; or

    Inserted: (iii) charge such detainee with a crime.

    Inserted: (I) The history, if any, of transfers of such detainee among detention facilities, including whether or not such detainee been detained at other facilities and, if so, at which facilities and in what locations.

    Inserted: (3) Information on the detention facilities and practices of the Department for the six-month period ending on the date of such report, including for each facility of the Department at which detainees were detained by the Department during such period the following:

    Inserted: (A) The name of such facility.

    Inserted: (B) The location of such facility.

    Inserted: (C) The number of detainees detained at such facility over the course of such period and as of the end of such period.

    Inserted: (D) The capacity of such facility.

    Inserted: (E) The number of military personnel assigned to such facility over the course of such period and as of the end of such period.

    Inserted: (F) The number of other employees of the United States Government assigned to such facility over the course of such period and as of the end of such period.

    Inserted: (G) The number of contractor personnel assigned to such facility over the course of such period and as of the end of such period.

    Inserted: (c) Form of Report.--Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

    Inserted: (d) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--

    Inserted: (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and

    Inserted: (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

    Original wording

    At the end of subtitle C of title X, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

At the end of subtitle C of title X, add the following:

SEC. 1022. REPORTS ON MATTERS RELATING TO DETAINMENT OF PRISONERS BY THE DEPARTMENT OF DEFENSE.

(a) Reports Required.--Not later than 90 days after the date of the enactment of this Act, and every six months thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the population of persons held by the Department of Defense for more than 30 days and on the facilities in which such persons are held.

(b) Report Elements.--Each report under subsection (a) shall include the following:

(1) General information on the foreign national detainees in the custody of the Department for more than 30 days during the 6-month period ending on the date of such report, including the following:

(A) The total number of such detainees in the custody of the Department at any time during such period.

(B) The countries in which such detainees were detained, and the number of detainees detained in each such country.

(C) The total number of detainees in the custody of the Department as of the date of such report.

(D) The total number of detainees released from the custody of the Department during such period.

(E) The nationalities of the detainees covered by subparagraph (A), including the number of detainees of each such nationality.

(F) The number of detainees covered by subparagraph (A) that were transferred to the jurisdiction of another country during such period.

(2) For each foreign national detained by the Department of Defense during the six-month period ending on the date of such report the following:

(A) The name.

(B) The nationality.

(C) The place at which taken into custody.

(D) The circumstances of being taken into custody.

(E) The place of detention.

(F) The current length of detention or, if released, the duration of detention at the time of release.

(G) A categorization as a military detainee or civilian detainee.

(H) The intentions of the United States Government on such detainee, including whether or not the United States will--

(i) continue to hold such detainee with justification;

(ii) repatriate such detainee; or

(iii) charge such detainee with a crime.

(I) The history, if any, of transfers of such detainee among detention facilities, including whether or not such detainee been detained at other facilities and, if so, at which facilities and in what locations.

(3) Information on the detention facilities and practices of the Department for the six-month period ending on the date of such report, including for each facility of the Department at which detainees were detained by the Department during such period the following:

(A) The name of such facility.

(B) The location of such facility.

(C) The number of detainees detained at such facility over the course of such period and as of the end of such period.

(D) The capacity of such facility.

(E) The number of military personnel assigned to such facility over the course of such period and as of the end of such period.

(F) The number of other employees of the United States Government assigned to such facility over the course of such period and as of the end of such period.

(G) The number of contractor personnel assigned to such facility over the course of such period and as of the end of such period.

(c) Form of Report.--Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d) Appropriate Committees of Congress Defined.--In this section, the term “appropriate committees of Congress” means--

(1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

Legislative Activity

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6 earlier actions
Floor Latest Action

Senate amendment agreed to: Amendment SA 3459 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S7271-7272)

June 23, 2004

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Floor

Senate amendment agreed to: Amendment SA 3459 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S7271-7272)

June 23, 2004

Floor

Considered by Senate. (consideration: CR S7204, S7270-7273)

June 23, 2004

Floor

Amendment SA 3459 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S7271-7272)

June 23, 2004

Floor

Considered by Senate. (consideration: CR S7120)

June 22, 2004

Floor

Senate amendment submitted

June 21, 2004

Floor

Senate amendment proposed (on the floor): Amendment SA 3459 proposed by Senator Bingaman.(consideration: CR S7067-7068; text: CR S7067-7068)

June 21, 2004

Floor

Amendment SA 3459 proposed by Senator Bingaman. (consideration: CR S7067-7068; text: CR S7067-7068) To require reports on the detainment of foreign nationals by the Department of Defense.

June 21, 2004

Amendments

1 amendment

Offered to this amendment