S.Amdt. 559

1. Rewrites the text S.Amdt. 437 would insert

   Rewrites S.Amdt. 437In place of the text S.Amdt. 437 would insert

   In S.Amdt. 437 as proposed

   Struck: SEC. 6047. SENSE OF SENATE ON SELECT COMMITTEE ON INTELLIGENCE OF THE SENATE INVESTIGATION INTO PRISONER DETENTION, INTERROGATION, AND RENDITION POLICIES AND PRACTICES OF THE UNITED STATES GOVERNMENT.

   [struck: (a) Sense ][inserted: sense ]of [struck: Senate.--][inserted: senate]

   Struck: (1) In general.--It is the sense of the Senate that the Select Committee on Intelligence of the Senate should conduct an investigation into, and study of, all matters relating to the authorities, policies, and practices of the departments, agencies, and other entities of the United States Government on the detention, interrogation, or rendition of prisoners for intelligence purposes (other than for purely domestic law enforcement purposes), whether by such departments, agencies, or entities themselves or in conjunction with any foreign government or entity.

   Struck: (2) Elements.--The investigation and study under paragraph (1) should address and consider--

   Struck: (A) the history of the authorities, policies, and practices of the United States Government on the detention, interrogation, or rendition of prisoners for intelligence purposes before September 11, 2001, including--

   Struck: (i) a review of any presidential or other authorities, and other written guidance, before that date on the detention, interrogation, or rendition of prisoners;

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   Struck: (ii) a review of any experience before that date with the detention, interrogation, or rendition of prisoners; and

   Struck: (iii) an assessment of the legality and efficacy of the practices before that date with respect to the detention, interrogation, and rendition of prisoners;

   Struck: (B) all presidential and other authorities since September 11, 2001, on the detention, interrogation, or rendition of prisoners for intelligence purposes;

   Struck: (C) all legal opinions and memoranda of any official or component of the Department of Justice since September 11, 2001 on the authorities, polices, or practices of the United States Government with respect to the detention, interrogation, or rendition of prisoners for intelligence purposes;

   Struck: (D) all legal opinions and memoranda of any official or component of any other department, agency, or entity of the United States Government since September 11, 2001 on authorities, policies, or practices with respect to the detention, interrogation, or rendition of prisoners for intelligence purposes;

   Struck: (E) all investigations and reviews conducted since September 11, 2001 by any department, agency, or entity of the United States Government, or by any nongovernmental organization, on the authorities, policies, and practices of the United States Government with respect to the detention, interrogation, or rendition of prisoners for intelligence purposes;

   Struck: (F) all facts concerning the actual detention, interrogation, or rendition of prisoners for intelligence purposes by any department, agency, or other entity of the United States Government since September 11, 2001;

   Struck: (G) all facts concerning the knowledge of any department, agency, or other entity of the United States Government of the detention and interrogation methods of any foreign government or entity to which persons detained by the departments, agencies, or other entities of the United States Government have been rendered;

   Struck: (H) case studies and evaluations of the detention, interrogation, or rendition of persons, including any methods used and the reliability of the information obtained;

   Struck: (I) all rules, practices, plans, and actual experiences on the use of classified information in military tribunals, commissions, or other proceedings on the detention, continued detention, or military trials of detainees;

   Struck: (J) all plans for the long-term detention, or for prosecution by civilian courts or military tribunals or commissions, of persons detained by any department, agency, or other entity of the United States Government or of persons who have been rendered by the United States Government to any foreign government or entity; and

   Struck: (K) any other matters that the Select Committee on Intelligence of the Senate considers appropriate for the investigation and study.

   Struck: (b) Report.--

   Struck: (1) In general.--The Select Committee on Intelligence of the Senate should submit to the Senate, not later than six months after the date of the enactment of this Act, a report on the investigation and study under subsection (b).

   Struck: (2) Elements.--The report under paragraph (1) should include--

   Struck: (A) such findings as the Select Committee on Intelligence considers appropriate in light of the investigation and study under that paragraph; and

   Struck: (B) such recommendations, including recommendations for legislative or administrative action, as the Select Committee on Intelligence considers appropriate in light of the investigation and study.

   Struck: (3) Form.--The report under paragraph (1) should be submitted in unclassified form, but may include a classified annex.

   Inserted: Sec. __. (a) Findings.--The Senate makes the following findings:

   Inserted: (1) On September 11, 2001, terrorists hijacked and destroyed four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York, New York, and a third into the Pentagon outside Washington, District of Columbia.

   Inserted: (2) The valor of the passengers and crew on the fourth aircraft prevented it from also being used as a weapon against the United States.

   Inserted: (3) The September 11, 2001, attacks stand as the deadliest terrorist attacks ever perpetrated against the United States.

   Inserted: (4) By targeting symbols of American strength and success, the attacks clearly were intended to assail the principles, values, and freedoms of the United States and the American people, to intimidate the Nation, and to weaken the national resolve.

   Inserted: (5) On September 14, 2001, Congress, in Public Law 107-40, authorized the use of "all necessary and appropriate force" against those responsible for the terrorist attacks.

   Inserted: (6) The Armed Forces subsequently moved swiftly against Al Qaeda and the Taliban regime in Afghanistan, whom the President and Congress had identified as enemies of the United States.

   Inserted: (7) In doing so, brave servicemembers and intelligence officers left family and friends in order to defend the Nation.

   Inserted: (8) More than three years later, many servicemembers and intelligence officers remain abroad, shielding the Nation from further terrorist attacks.

   Inserted: (9) Terrorists continue to attack United States servicemembers and continue to plan attacks against the United States and its interests.

   Inserted: (10) Terrorists continue to target civilians and military personnel alike through such insidious and cowardly methods as kidnappings and bombings.

   Inserted: (11) Intelligence information derived from the interrogation of captured terrorists is essential to the protection of servicemembers deployed around world, to the protection of the homeland, and to the protection of United States interests.

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   Inserted: (12) It is the policy of the President and Congress that the interrogation of terrorists conform to the Constitution, laws, and treaty obligations of the United States.

   Inserted: (13) In those rare instances in which individuals have been alleged to have violated the Constitution, laws, or treaty obligations of the United States during the course of an interrogation, the departments and agencies of the United States Government, and the inspectors general of each department or agency concerned, have investigated allegations of such violations.

   Inserted: (14) In the few cases in which officers of the United States intelligence community are determined to have actually violated the Constitution, laws, or treaty obligations of the United States, such officers have been, or should be, punished.

   Inserted: (15) The Select Committee on Intelligence of the Senate was established, among other things, to provide vigorous legislative oversight of the intelligence activities of the United States in order to assure that such activities conform to the Constitution, laws, and treaty obligations of the United States.

   Inserted: (16) The Select Committee on Intelligence of the Senate was deliberately structured with a unified staff under the joint supervision of the Chairman and the Vice Chairman of the Select Committee through a single staff director in order to avoid, to the maximum extent possible, the politicization of oversight of the intelligence activities of the United States. Because of its unique structure and rules, as currently written, the Select Committee is ideally suited to continue oversight of United States interrogation, detention, and rendition operations.

   Inserted: (17) The Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate have directed the staff of the Select Committee to continue to exercise the oversight authority of the Select Committee to ensure that intelligence activities of the United States relating to the detention, interrogation, and rendition of terrorists conform to the Constitution, laws, and treaty obligations of the United States.

   Inserted: (18) As part of its ongoing review, the staff of the Select Committee on Intelligence of the Senate have interviewed individuals and reviewed documents relating to the detention, interrogation, and rendition of terrorists, and have inspected United States detention and interrogation operations and facilities in Guantanamo Bay, Cuba.

   Inserted: (19) The staff of the Select Committee on Intelligence of the Senate continue to interview individuals, receive information, and review documents relating to the detention, interrogation, and rendition of terrorists.

   Inserted: (b) Sense of Senate.--It is the sense of the Senate--

   Inserted: (1) to recognize that terrorists continue to seek to attack the United States at home and the interests of the United States abroad;

   Inserted: (2) to stand with the people of the United States in great debt to the members of the Armed Forces and officers of the United States intelligence community serving at home and abroad;

   Inserted: (3) to remain resolved to pursue all those responsible for the terrorist attacks of September 11, 2001, and their sponsors, until they are discovered and punished; and

   Inserted: (4) to reaffirm that Congress will--

   Inserted: (A) honor the memory of those who lost their lives as a result of the September 11, 2001, terrorist attacks; and

   Inserted: (B) bravely defend the citizens of the United States in the face of all future challenges.

   Original wording

   In lieu of the matter proposed to be inserted, insert the following:

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

As printed