S.Amdt. 1569
What it does: Adds SEC. 1205. APPLICATION OF THE GENEVA CONVENTION TO ENEMY COMBATANTS on page 296, line 19
Sen. Ben Nelson (D-NE)What it changes
1 change to S. 1042
Adds SEC. 1205. APPLICATION OF THE GENEVA CONVENTION TO ENEMY COMBATANTS on page 296, line 19
Adds a sectionPrinted pageInserted: SEC. 1205. APPLICATION OF THE GENEVA CONVENTION TO ENEMY COMBATANTS.
Inserted: (a) Finding.--Congress finds that the executive branch has the authority to detain enemy combatants.
Inserted: (b) Enemy Combatant Defined.--In this section, the term "enemy combatant" means an individual who--
Inserted: (1) is held by personnel of the Department of Defense at a facility under the control of the Secretary of Defense, including the naval base at Guantanamo Bay;
Inserted: (2) is accused of knowingly--
Inserted: (A) planning, authorizing, committing, aiding, or abetting one or more terrorist acts against the United States; or
Inserted: (B) being part of or supporting forces engaged in armed conflict against the United States;
Inserted: (3) is not a United States person or lawful permanent resident; and
Inserted: (4) is not a prisoner of war within the meaning of the Convention Relative to the Treatment of Prisoners of War, dated at Geneva August 12, 1949 (6 UST 3316).
Inserted: (c) Application of Geneva Convention.--The President shall treat each enemy combatant in accordance with all the terms of the Convention Relative to the Treatment of Prisoners of War, dated at Geneva August 12, 1949 (6 UST 3316).
Inserted: (d) Annual Report.--
Inserted: (1) Requirement.--The Secretary of Defense shall submit to Congress an annual report on enemy combatants, including--
Show 10 more inserted paragraphsShow less
Inserted: (A) for each enemy combatant detained by the United States on the date that is 30 days prior to the submission of such report--
Inserted: (i) the name and nationality of the enemy combatant;
Inserted: (ii) the period during which the enemy combatant has been so detained; and
Inserted: (iii) a description of the specific process afforded to the enemy combatant and the outcome of those processes; and
Inserted: (B) for each individual who was detained as an enemy combatant and released prior to the date referred to in subparagraph (A)--
Inserted: (i) the name and nationality of the individual;
Inserted: (ii) the terms of the conditional release agreement with respect to the individual;
Inserted: (iii) a statement of the basis for the determination of the United States Government that individual's release was warranted; and
Inserted: (iv) the period during which the person was so detained, including the release date of the individual.
Inserted: (2) Form of report.--Each report required by this subsection shall be submitted in unclassified form, but may include a classified annex.
Original wording
On page 296, after line 19, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1569. Mr. NELSON of Nebraska (for himself and Mr. Wyden) submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:
On page 296, after line 19, insert the following:
SEC. 1205. APPLICATION OF THE GENEVA CONVENTION TO ENEMY COMBATANTS.
(a) Finding.--Congress finds that the executive branch has the authority to detain enemy combatants.
(b) Enemy Combatant Defined.--In this section, the term “enemy combatant” means an individual who--
(1) is held by personnel of the Department of Defense at a facility under the control of the Secretary of Defense, including the naval base at Guantanamo Bay;
(2) is accused of knowingly--
(A) planning, authorizing, committing, aiding, or abetting one or more terrorist acts against the United States; or
(B) being part of or supporting forces engaged in armed conflict against the United States;
(3) is not a United States person or lawful permanent resident; and
(4) is not a prisoner of war within the meaning of the Convention Relative to the Treatment of Prisoners of War, dated at Geneva August 12, 1949 (6 UST 3316).
(c) Application of Geneva Convention.--The President shall treat each enemy combatant in accordance with all the terms of the Convention Relative to the Treatment of Prisoners of War, dated at Geneva August 12, 1949 (6 UST 3316).
(d) Annual Report.--
(1) Requirement.--The Secretary of Defense shall submit to Congress an annual report on enemy combatants, including--
(A) for each enemy combatant detained by the United States on the date that is 30 days prior to the submission of such report--
(i) the name and nationality of the enemy combatant;
(ii) the period during which the enemy combatant has been so detained; and
(iii) a description of the specific process afforded to the enemy combatant and the outcome of those processes; and
(B) for each individual who was detained as an enemy combatant and released prior to the date referred to in subparagraph (A)--
(i) the name and nationality of the individual;
(ii) the terms of the conditional release agreement with respect to the individual;
(iii) a statement of the basis for the determination of the United States Government that individual's release was warranted; and
(iv) the period during which the person was so detained, including the release date of the individual.
(2) Form of report.--Each report required by this subsection shall be submitted in unclassified form, but may include a classified annex.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
July 25, 2005