S.Amdt. 360

SA 360. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 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 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, between lines 3 and 4, insert the following:

USE OF GUANTANAMO BAY DETENTION FACILITIES

Sec. 6047. (a) The Secretary of Defense, the Attorney General of the United States, and the Director of National Intelligence (upon confirmation) shall submit a report to Congress, in both classified and unclassified form, assessing the use of detention facilities at Guantanamo Bay, Cuba, including--

(1) a statement of the rationale for using Guantanamo Bay as the location for detention facilities;

(2) a comparison of the costs of maintaining such a facility at Guantanamo Bay with maintaining a similar facility within the United States;

(3) a comparison of the measures necessary to maintain the facility securely at Guantanamo Bay with maintaining a similar facility within the United States;

(4) a comprehensive listing of interrogation techniques which could be lawfully used at Guantanamo Bay, but not at a location within the United States; and

(5) an analysis of procedural rights, including rights of appeal and review, which would be available to a detainee held within the United States, but not available to a similarly situated detainee held at Guantanamo Bay.

(b) The report under subsection (a) shall be submitted not later than 90 days after the date of enactment of this Act.

(c) Funds appropriated or otherwise made available under this Act related to improvements to facilities at Guantanamo Bay shall not be obligated until and unless the report is submitted to Congress.