[Congressional Record Volume 152, Number 124 (Thursday, September 28, 2006)]
[Senate]
[Pages S10490-S10492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5092. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 403, to amend title 18, United States Code, to 
prohibit taking minors across State lines in circumvention of laws 
requiring the involvement of parents in abortion decisions; which was 
ordered to lie on the table; as follows:

       On page 12, line 2, strike ``45 days'' and insert ``47 
     days''.
                                 ______
                                 
  SA 5093. Mr. FRIST submitted an amendment intended to be proposed to 
amendment SA 5092 submitted by Mr. Frist and intended to be proposed to 
the bill S. 403, to amend title 18, United States Code, to prohibit 
taking minors across State lines in circumvention of laws requiring the 
involvement of parents in abortion decisions; which was ordered to lie 
on the table; as follows:

       Strike ``47 days'' and insert ``46 days''.
                                 ______
                                 
  SA 5094. Mr. FRIST submitted an amendment intended to be proposed to 
amendment SA 5090 proposed by Mr. Bennett (for Mr. Frist) to the bill 
S. 403, to amend title 18, United States Code, to prohibit taking 
minors across State lines in circumvention of laws requiring the 
involvement of parents in abortion decisions; which was ordered to lie 
on the table; as follows:

       Strike ``46 days'' and insert ``43 days''.
                                 ______
                                 
  SA 5095. Mr. ROCKEFELLER (for himself, Mrs. Clinton, Mr. Wyden, Ms. 
Mikulski, Mr. Feingold, Mr. Levin, and Mrs. Feinstein) proposed an 
amendment to the bill S. 3930, to authorize trial by military 
commission for violations of the law of war, and for other purposes; as 
follows:

       At the end, add the following:

     SEC. 11. OVERSIGHT OF CENTRAL INTELLIGENCE AGENCY PROGRAMS.

       (a) Director of Central Intelligence Agency Reports on 
     Detention and Interrogation Program.--
       (1) Quarterly reports required.--Not later than three 
     months after the date of the enactment of this Act, and every 
     three months thereafter, the Director of the Central 
     Intelligence Agency shall submit to the congressional 
     intelligence committees a report on the detention and 
     interrogation program of the Central Intelligence Agency 
     during the preceding three months.
       (2) Elements.--In addition to any other matter necessary to 
     keep the congressional intelligence committees fully and 
     currently informed about the detention and interrogation 
     program of the Central Intelligence Agency, each report under 
     paragraph (1) shall include (but not be limited to), for the 
     period covered by such report, the following:
       (A) A description of any detention facility operated or 
     used by the Central Intelligence Agency.
       (B) A description of the detainee population, including--
       (i) the name of each detainee;
       (ii) where each detainee was apprehended;
       (iii) the suspected activities on the basis of which each 
     detainee is being held; and
       (iv) where each detainee is being held.
       (C) A description of each interrogation technique 
     authorized for use and guidelines on the use of each such 
     technique.
       (D) A description of each legal opinion of the Department 
     of Justice and the General Counsel of the Central 
     Intelligence Agency that is applicable to the detention and 
     interrogation program.
       (E) The actual use of interrogation techniques.
       (F) A description of the intelligence obtained as a result 
     of the interrogation techniques utilized.
       (G) Any violation of law or abuse under the detention and 
     interrogation program by Central Intelligence Agency 
     personnel, other United States Government personnel or 
     contractors, or anyone else associated with the program.
       (H) An assessment of the effectiveness of the detention and 
     interrogation program.
       (I) An appendix containing all guidelines and legal 
     opinions applicable to the detention and interrogation 
     program, if not included in a previous report under this 
     subsection.
       (b) Director of Central Intelligence Agency Reports on 
     Disposition of Detainees.--
       (1) Quarterly reports required.--Not later than three 
     months after the date of the enactment of this Act, and every 
     three months thereafter, the Director of the Central 
     Intelligence Agency shall submit to the congressional 
     intelligence committees a report on the detainees who, during 
     the preceding three months, were transferred out of the 
     detention program of the Central Intelligence Agency.
       (2) Elements.--In addition to any other matter necessary to 
     keep the congressional intelligence committees fully and 
     currently informed about transfers out of the detention 
     program of the Central Intelligence Agency, each report under 
     paragraph (1) shall include (but not be limited to), for the 
     period covered by such report, the following:
       (A) For each detainee who was transferred to the custody of 
     the Department of Defense for prosecution before a military 
     commission, the name of the detainee and a description of the 
     activities that may be the subject of the prosecution.
       (B) For each detainee who was transferred to the custody of 
     the Department of Defense for any other purpose, the name of 
     the detainee and the purpose of the transfer.
       (C) For each detainee who was transferred to the custody of 
     the Attorney General for prosecution in a United States 
     district court, the name of the detainee and a description of 
     the activities that may be the subject of the prosecution.
       (D) For each detainee who was rendered or otherwise 
     transferred to the custody of another nation--

[[Page S10491]]

       (i) the name of the detainee and a description of the 
     suspected terrorist activities of the detainee;
       (ii) the rendition process, including the locations and 
     custody from, through, and to which the detainee was 
     rendered; and
       (iii) the knowledge, participation, and approval of foreign 
     governments in the rendition process.
       (E) For each detainee who was rendered or otherwise 
     transferred to the custody of another nation during or before 
     the preceding three months--
       (i) the knowledge of the United States Government, if any, 
     concerning the subsequent treatment of the detainee and the 
     efforts made by the United States Government to obtain that 
     information;
       (ii) the requests made by United States intelligence 
     agencies to foreign governments for information to be 
     obtained from the detainee;
       (iii) the information provided to United States 
     intelligence agencies by foreign governments relating to the 
     interrogation of the detainee;
       (iv) the current status of the detainee;
       (v) the status of any parliamentary, judicial, or other 
     investigation about the rendition or other transfer; and
       (vi) any other information about potential risks to United 
     States interests resulting from the rendition or other 
     transfer.
       (c) CIA Inspector General and General Counsel Reports.--
       (1) Annual reports required.--Not later than one year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Inspector General of the Central Intelligence 
     Agency and the General Counsel of the Central Intelligence 
     Agency shall each submit to the congressional intelligence 
     committees a report on the detention, interrogation and 
     rendition programs of the Central Intelligence Agency during 
     the preceding year.
       (2) Elements.--Each report under paragraph (1) shall 
     include, for the period covered by such report, the 
     following:
       (A) An assessment of the adherence of the Central 
     Intelligence Agency to any applicable law in the conduct of 
     the detention, interrogation, and rendition programs of the 
     Central Intelligence Agency.
       (B) Any violations of law or other abuse on the part of 
     personnel of the Central Intelligence Agency, other United 
     States Government personnel or contractors, or anyone else 
     associated with the detention, interrogation, and rendition 
     programs of the Central Intelligence Agency in the conduct of 
     such programs.
       (C) An assessment of the effectiveness of the detention, 
     interrogation, and rendition programs of the Central 
     Intelligence Agency.
       (D) Any recommendations to ensure that the detention, 
     interrogation, and rendition programs of the Central 
     Intelligence Agency are conducted in a lawful and effective 
     manner.
       (3) Construction of reporting requirement.--Nothing in this 
     subsection shall be construed to modify the authority and 
     reporting obligations of the Inspector General of the Central 
     Intelligence Agency under section 17 of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 403q) or any other 
     law.
       (d) Certification of Compliance.--Not later than three 
     months after the date of the enactment of this Act, and 
     promptly upon any subsequent approval of interrogation 
     techniques for use by the Central Intelligence Agency, the 
     Attorney General shall submit to the congressional 
     intelligence committees--
       (1) an unclassified certification whether or not each 
     approved interrogation technique complies with the 
     Constitution of the United States and all applicable 
     treaties, statutes, Executive orders, and regulations; and
       (2) an explanation of why each approved technique complies 
     with the Constitution of the United States and all applicable 
     treaties, statutes, Executive orders, and regulations.
       (e) Form of Reports.--Except as provided in subsection 
     (d)(1), each report under this section shall be submitted in 
     classified form.
       (f) Availability of Reports.--Each report under this 
     section shall be fully accessible by each member of the 
     congressional intelligence committees.
       (g) Definitions.--In this section:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) Law.--The term ``law'' includes the Constitution of the 
     United States and any applicable treaty, statute, Executive 
     order, or regulation.
                                 ______
                                 
  SA 5096. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 403, to amend title 18, United States 
Code, to prohibit taking minors across State lines in circumvention of 
laws requiring the involvement of parents in abortion decisions; which 
was ordered to lie on the table; as follows:

       On page 2, lines 24 and 25, strike ``save the life of the 
     minor because her life'' and insert ``save the life or health 
     of the minor because her life or health''.
                                 ______
                                 
  SA 5097. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 403, to amend title 18, United States 
Code, to prohibit taking minors across State lines in circumvention of 
laws requiring the involvement of parents in abortion decisions; which 
was ordered to lie on the table; as follows:

       On page 7, line 22, strike ``, and, before'' and all that 
     follows through page 8, line 2, and insert a semicolon.
                                 ______
                                 
  SA 5098. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 403, to amend title 18, United States 
Code, to prohibit taking minors across State lines in circumvention of 
laws requiring the involvement of parents in abortion decisions; which 
was ordered to lie on the table; as follows:

       On page 8, line 15, ``, but an exception'' and all that 
     follows through line 21 and insert the following ``; or''.
                                 ______
                                 
  SA 5099. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 403, to amend title 18, United States 
Code, to prohibit taking minors across State lines in circumvention of 
laws requiring the involvement of parents in abortion decisions; which 
was ordered to lie on the table; as follows:

       On page 6, strike line 11 and all that follows through page 
     11, line 15, and insert the following:

     SEC. 3. CLERICAL AMENDMENT.

       The table of chapters for part I of title 18, United States 
     Code, is amended by inserting after the item relating to 
     chapter 117 the following new item:
``117A. Transportation of minors in circumvention of certain laws 
  relating to abortion..........................................2431''.

     SEC. 4. SEVERABILITY AND EFFECTIVE DATE.

                                 ______
                                 
  SA 5100. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 403, to amend title 18, United States 
Code, to prohibit taking minors across State lines in circumvention of 
laws requiring the involvement of parents in abortion decisions; which 
was ordered to lie on the table; as follows:

       On page 11, strike line 15 and all that follows through 
     page 12, line 3, and insert the following:

     SEC. 5. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect 45 days after the date of enactment of this Act.
                                 ______
                                 
  SA 5101. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 403, to amend title 18, United States Code, to 
prohibit taking minors across State lines in circumvention of laws 
requiring the involvement of parents in abortion decisions; which was 
ordered to lie on the table; as follows:

       Strike sections 3, 4, and 5 of the amendment.
                                 ______
                                 
  SA 5102. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 403, to amend title 18, United States Code, to 
prohibit taking minors across State lines in circumvention of laws 
requiring the involvement of parents in abortion decisions; which was 
ordered to lie on the table; as follows:

       In the amendment, on page 8, line 3, strike beginning with 
     ``of'' through line 21 and insert ``or health of the 
     minor;''.
                                 ______
                                 
  SA 5103. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 403, to amend title 18, United States Code, to 
prohibit taking minors across State lines in circumvention of laws 
requiring the involvement of parents in abortion decisions; which was 
ordered to lie on the table; as follows:

       In the amendment, on page 7, line 22, strike beginning with 
     ``, and,'' through page 8, line 2, and insert a semicolon.
                                 ______
                                 
  SA 5104. Mr. BYRD (for himself, Mr. Obama, Mrs. Clinton, and Mr. 
Levin) proposed an amendment to the bill S. 3930, to authorize trial by 
military commission for violations of the law of war, and for other 
purposes; as follows:

       On page 5, line 19, add at the end the following: ``The 
     authority of the President to establish new military 
     commissions under this section shall expire on December 31, 
     2011. However, the expiration of that authority shall not be 
     construed to prohibit the conduct to finality of any 
     proceedings of a military commission established under this 
     section before that date.''.

                                 ______
                                 
  SA 5105. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of

[[Page S10492]]

the United States; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       ``(D) Limitation on requirements.--Notwithstanding 
     subparagraph (A), nothing in this paragraph shall require the 
     Secretary to provide fencing and install additional physical 
     barriers, roads, lighting, cameras, and sensors in a location 
     along an international border of the United States, if the 
     Secretary determines that the use or placement of such 
     resources is not the most appropriate means to achieve and 
     maintain operational control over the international border at 
     such location.''.

                                 ______
                                 
  SA 5106. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       At the end of the amendment add the following: 
     ``operational control shall also include the implementation 
     of those measures described in the Comprehensive Immigration 
     Reform Act of 2006, as passed by the Senate on May 25, 2006, 
     that the Secretary determines to be necessary and appropriate 
     to achieve or maintain operational control over the 
     international land and maritime borders of the United 
     States.''.

                          ____________________