To require reports on clandestine facilities for the detention of individuals captured in the global war on terrorism.

SA 2507. Mr. KERRY (for himself, Mr. Reid, Mr. Biden, and Mr. Dayton)
proposed an amendment 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: as follows:

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

SEC. __. REPORTS ON CLANDESTINE DETENTION FACILITIES FOR
INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON
TERRORISM.

(a) Secretary of Defense Report.--
(1) Report required.--Not later than sixty days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a detailed report on
the knowledge of the Secretary, and of the personnel of the
Department of Defense, on whether or not there exists, or has
existed, any clandestine facility outside of United States
territory for the detention of individuals captured in the
global war on terrorism, whether operated by the United
States Government or at the request of the United States
Government.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) Whether or not the Secretary or any personnel of the
Department of Defense have affirmative knowledge that a
facility described in paragraph (1) exists.
(B) If the Secretary or any such personnel have affirmative
knowledge that such a facility does exist--
(i) the existence of such facility;
(ii) any support provided by the Department of Defense to
any other department, agency, or element of the United States
Government, or any foreign government, for the establishment,
operation, or maintenance of such facility;
(iii) the amount of funds obligated or expended by the
Department in furtherance of the establishment, operation, or
maintenance of such facility;
(iv) whether the Department has transported individuals
captured in the global war on terrorism to or from such
facility, and if so--

(I) the number of such individuals;
(II) the date of transfer of each such individual to such
facility;
(III) the place from which each such individual was so
transferred,: and
(IV) the identity of the agency or authority in whose
custody each such individual was held before such transfer;

(v) whether any detainee in such facility is expected to be
prosecuted by military commission or another system for
administering justice; and
(vi) the interrogation procedures used on each individual
detained in such facility.
(C) Whether or not the Department has ever held any
individual captured in the global war on terrorism at a
facility controlled by the Department at the request of, or
in cooperation with, another department, agency, or element
of the United States Government, and for any such individual
so held, a detailed description of the circumstances
surrounding the detention of such individual and the
disposition, if any of such individual.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in classified form.
(b) Director of National Intelligence Reports.--
(1) Reports required.--Not later than 60 days after the
date of the enactment of this Act, the Director of National
Intelligence shall provide to each member of the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a detailed report setting forth the nature
and cost of, and otherwise providing a full accounting on,
any clandestine prison or detention facility currently or
formerly operated by the United States Government, regardless
of location, where detainees in the global war on terrorism
are or were being held.
(2) Elements.--The reports required by paragraph (1) shall
set forth, for each prison or facility covered by such
report, the following:
(A) The location and size of such prison or facility.
(B) If such prison or facility is no longer being operated
by the United States Government, the disposition of such
prison or facility.
(C) The number of detainees currently held or formerly
held, as the case may be, at such prison or facility.
(D) Any plans for the ultimate disposition of any detainees
currently held at such prison or facility.
(E) A description of the interrogation procedures used or
formerly used on detainees at such prison or facility.

[[Page S12697]]

(3) Form of reports.--The reports required by paragraph (1)
shall be submitted in classified form.
______