S.Amdt. 5369

SA 5369. Mr. WHITEHOUSE (for himself, Mrs. Feinstein, Mr. Rockefeller, and Mr. Hagel) submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 280, after line 20, add the following:

SEC. 1037. REQUIREMENT FOR RED CROSS NOTIFICATION OF AND ACCESS TO DETAINEES.

(a) Requirement.--No funds authorized to be appropriated by this Act or any other Act may be used to detain any individual who is in the custody or under the effective control of an element of the intelligence community or an instrumentality of such element unless the International Committee of the Red Cross is provided notification of the detention of such individual and access to such individual in a manner consistent with the practices of the Armed Forces.

(b) Construction.--Nothing in this subsection shall be construed--

(1) to create or otherwise imply the authority to detain; or

(2) to limit or otherwise affect any other rights or obligations which may arise under the Geneva Conventions or other laws, or to state all of the situations under which notification to and access for the International Committee of the Red Cross is required or allowed.

(c) Definitions.--In this section:

(1) Instrumentality.--The term “instrumentality”, with respect to an element of the intelligence community, means a contractor or subcontractor at any tier of the element of the intelligence community.

(2) Intelligence community.--The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).