S.Amdt. 4813

SA 4813. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 5631, making appropriations for the
Department of Defense for the fiscal year ending September 30, 2007,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 218, between lines 6 and 7, insert the following:
Sec. 8109. (a) Congress makes the following findings:

[[Page S8661]]

(1) The United States is engaged in a global war on terror
that has no clear geographic boundaries, is of unknown
duration, and is against an enemy with no state sponsor that
continues to commit senseless acts of violence and human
destruction.
(2) Detention of enemy combatants in this war is necessary
for the security of members of the Armed Forces and the
achievement of United States national security and foreign
policy objectives, but must be conducted in a way that
upholds United States values and international law.
(3) Since January 11, 2002, Naval Station Guantanamo Bay
has been used for the detention and interrogation of about
750 enemy combatants, of which approximately 460 remain
incarcerated and only 10 of whom have been formally charged
with crimes and been subject to legal adjudication through
military commissions.
(4) The Supreme Court, in Hamdan v. Rumsfeld, 126 S.Ct.
2749, held that the nature and rules governing the United
States Government's military commissions were in violation of
the Uniform Code of Military Justice and did not comply with
the Geneva Conventions.
(5) Official investigations and reports by the United
States Government confirm multiple incidents of psychological
and physical abuse inflicted upon detainees at Guantanamo,
some of which included--
(A) the threatened use of extreme force by guards against
detainees;
(B) sleep deprivation;
(C) forced stress positions;
(D) the use of dogs in interrogations; and
(E) the harsh manipulation of light, sound, and
temperature.
(6) President George W. Bush stated on June 21, 2006, ``I'd
like to end Guantanamo. I'd like it to be over with,'' yet
the President has not offered a specific plan for
transitioning the current detainees to another status.
(7) The individuals currently detained at the detention
facility at Guantanamo Bay, many of whom appear to have
little or no remaining intelligence value in the global war
on terror, could be--
(A) transferred to other countries for further legal
review;
(B) enrolled in United States domestic civil, criminal, or
military court proceedings;
(C) transferred to a separate military detention facility
that fully complies with United States domestic law,
international law, and the law of war; or
(D) released if found not to pose a continuing security
threat to the United States.
(8) The international perception of the detention facility
at Guantanamo Bay is negative and has created substantial
hostility toward the United States, raising reservations
among friends and allies of the United States and other
countries about the commitment of the United States to human
rights.
(9) Members of the Armed Forces and other Americans who may
be captured overseas and detained by other countries, or by
non-state groups, are more likely to be treated in a manner
fully consistent with the Geneva Conventions if individuals
detained by the United States are treated in the same manner.
(10) The security of the United States will not be
diminished, United States diplomacy will be furthered, and
the standing of the United States in the world will be
enhanced if the detention facility at Guantanamo Bay is
closed and all detainees are transitioned to another legal
status.
(b) Not later than one year after the date of the enactment
of this Act--
(1) the Secretary of Defense shall close the Department of
Defense detention facility at Guantanamo Bay, Cuba; and
(2) all detainees detained at such facility shall be--
(A) charged with a violation of United States or
international law and tried in an Article III court or
military legal proceeding before a regularly-constituted
court;
(B) transferred to a separate military detention facility
that fully complies with all United States and international
law and the law of war;
(C) transferred to their country of citizenship or a
different country for further legal review; or
(D) released if found not to pose a continuing security
threat to the United States.
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