What it changes

1 change to S. 1390 · shown in the bill's text

Adds a section
  1. Adds SEC. __. REPORT ON ANY DIRECT OR INDIRECT NEGOTIATIONS WITH TERRORISTS at the end of subtitle B of title XII

    Adds a section

    In S. 1390 · Placed on Calendar Senate

    (c) Submittal in Classified Form.--The report required by subsection (a), or any part of such report, may be submitted in classified form if the President considers it appropriate.

    Inserted: SEC. __. REPORT ON ANY DIRECT OR INDIRECT NEGOTIATIONS WITH TERRORISTS.

    Inserted: (a) Definitions.--In this section:

    Inserted: (1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--

    Inserted: (A) the Select Committee on Intelligence and the Committee on Armed Services of the Senate; and

    Inserted: (B) the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives.

    Inserted: (2) Negotiations with terrorists.--The term "negotiations with terrorists" includes any direct or indirect negotiations with any person or organization that--

    Inserted: (A) has been designated by the United States, including any department or agency of the United States, as a person or organization that commits, threatens to commit, or supports terrorism;

    Inserted: (B) has engaged in any activity or is a representative of an organization that would render the person inadmissible under section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)); or

    Inserted: (C) is a member of al Qaeda or affiliated with al Qaeda through any council or activity.

    Inserted: (3) Concession.--The term "concession" includes any discussion or demand for--

    Inserted: (A) payment or ransom;

    Inserted: (B) the withdrawal of United States military or diplomatic presence; or

    Show 5 more inserted paragraphs

    Inserted: (C) the release of any prisoner or detainee held by the United States.

    Inserted: (b) Reports.--

    Inserted: (1) Preliminary report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a preliminary report that identifies any case in 300 days preceding the report in which the United States engaged in negotiations with terrorists regarding any person held in the custody of the United States or allied forces.

    Inserted: (2) Periodic reports.--If any employee, agent, or representative of the Department of Defense or the Department of State engages in, authorizes, or cooperates in any way with, negotiations with terrorists regarding any person held in the custody of the United States or allied forces, the Secretary of Defense or, where appropriate, the Secretary of State, shall submit a report to the appropriate committees of Congress within 30 days of the engagement, authorization, or cooperation.

    Inserted: (3) Form.--A report required under this subsection shall include all relevant facts, including the name of the terrorist person or organization, the name of any prisoner, detainee, or hostage who was the subject of such negotiations, the concession demanded or discussed during the negotiations, the name of any government or third party involved in the negotiations, and the outcome of the negotiations. The report shall be submitted in an unclassified format with a classified annex where appropriate.

    Original wording

    At the end of subtitle B of title XII, add the following:

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

As printed

SA 1532. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 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:

At the end of subtitle B of title XII, add the following:

SEC. __. REPORT ON ANY DIRECT OR INDIRECT NEGOTIATIONS WITH TERRORISTS.

(a) Definitions.--In this section:

(1) Appropriate committees of congress.--The term “appropriate committees of Congress” means--

(A) the Select Committee on Intelligence and the Committee on Armed Services of the Senate; and

(B) the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives.

(2) Negotiations with terrorists.--The term “negotiations with terrorists” includes any direct or indirect negotiations with any person or organization that--

(A) has been designated by the United States, including any department or agency of the United States, as a person or organization that commits, threatens to commit, or supports terrorism;

(B) has engaged in any activity or is a representative of an organization that would render the person inadmissible under section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)); or

(C) is a member of al Qaeda or affiliated with al Qaeda through any council or activity.

(3) Concession.--The term “concession” includes any discussion or demand for--

(A) payment or ransom;

(B) the withdrawal of United States military or diplomatic presence; or

(C) the release of any prisoner or detainee held by the United States.

(b) Reports.--

(1) Preliminary report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a preliminary report that identifies any case in 300 days preceding the report in which the United States engaged in negotiations with terrorists regarding any person held in the custody of the United States or allied forces.

(2) Periodic reports.--If any employee, agent, or representative of the Department of Defense or the Department of State engages in, authorizes, or cooperates in any way with, negotiations with terrorists regarding any person held in the custody of the United States or allied forces, the Secretary of Defense or, where appropriate, the Secretary of State, shall submit a report to the appropriate committees of Congress within 30 days of the engagement, authorization, or cooperation.

(3) Form.--A report required under this subsection shall include all relevant facts, including the name of the terrorist person or organization, the name of any prisoner, detainee, or hostage who was the subject of such negotiations, the concession demanded or discussed during the negotiations, the name of any government or third party involved in the negotiations, and the outcome of the negotiations. The report shall be submitted in an unclassified format with a classified annex where appropriate.

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Senate amendment submitted

July 14, 2009