```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 213 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. RES. 213

 Commending and expressing thanks to professionals of the intelligence 
                               community.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                June 21 (legislative day, June 16), 2011

   Mr. DeMint (for himself, Mr. Cornyn, Mr. Vitter, Ms. Ayotte, Mr. 
 Barrasso, Mr. Blunt, Mr. Boozman, Mr. Burr, Mr. Chambliss, Mr. Coats, 
Mr. Coburn, Mr. Cochran, Mr. Crapo, Mr. Enzi, Mr. Grassley, Mr. Hatch, 
 Mrs. Hutchison, Mr. Inhofe, Mr. Isakson, Mr. Johanns, Mr. Johnson of 
 Wisconsin, Mr. Kirk, Mr. Lee, Mr. McConnell, Mr. Portman, Mr. Risch, 
    Mr. Rubio, Mr. Sessions, Mr. Shelby, Mr. Thune, Mr. Wicker, Mr. 
 Roberts, Mr. Lieberman, Mr. Graham, and Mr. Alexander) submitted the 
  following resolution; which was referred to the Select Committee on 
                              Intelligence

_______________________________________________________________________

                               RESOLUTION

 
 Commending and expressing thanks to professionals of the intelligence 
                               community.

Whereas since the attacks on September 11, 2001, the United States intelligence 
        community has gathered critical information that has helped to prevent 
        additional attacks on United States soil;
Whereas the Central Intelligence Agency (hereinafter referred to as the ``CIA'') 
        plays a vital role in United States intelligence collection;
Whereas the importance of the CIA's work was exemplified by the successful 
        operation against Usama bin Laden;
Whereas, as authorized by the President and in accordance with specific legal 
        guidance provided by the Department of Justice, the CIA lawfully 
        detained and interrogated certain high-value suspected terrorists;
Whereas information obtained from high-value detainees who had been detained and 
        interrogated by the CIA was essential in determining the organizational 
        structure, key operatives, modus operandi, and other relevant 
        information on al-Qaeda operations;
Whereas information obtained from high-value detainees who had been detained and 
        interrogated by the CIA was crucial to tracking down Usama bin Laden;
Whereas Michael Hayden, a former Director of the CIA, wrote, ``Let the record 
        show that when I was first briefed in 2007 about the brightening 
        prospect of pursuing bin Laden through his courier network, a crucial 
        component of the briefing was information provided by three CIA 
        detainees, all of whom had been subjected to some form of enhanced 
        interrogation. One of the most alerting pieces of evidence was that two 
        of the detainees who had routinely been cooperative and truthful (after 
        they had undergone enhanced techniques) were atypically denying apparent 
        factual data--a maneuver taken as a good sign that the CIA was on to 
        something important. So that there is no ambiguity, let me be doubly 
        clear: It is nearly impossible for me to imagine any operation like the 
        May 2 assault on bin Laden's compound in Abbottabad, Pakistan, that 
        would not have made substantial use of the trove of information derived 
        from CIA detainees, including those on whom enhanced techniques had been 
        used.'';
Whereas a May 30, 2005, Department of Justice memo stated, ``In particular, the 
        CIA believes that it would have been unable to obtain critical 
        information from numerous detainees, including KSM [Khalid Sheikh 
        Mohammed] and Abu Zubaydah, without these enhanced techniques. . . . 
        Indeed, before the CIA used enhanced techniques in its interrogation of 
        KSM, KSM resisted giving any answers to questions about future attacks, 
        simply noting, `Soon, you will know.''';
Whereas according to such May 30, 2005, memo, Abu Zubaydah explained the effect 
        of enhanced techniques as, ``Brothers who are captured and interrogated 
        are permitted by Allah to provide information when they believe they 
        have reached the limit of their ability to withhold it in the face of 
        psychological and physical hardships.'';
Whereas such May 30, 2005, memo further indicates that after using enhanced 
        interrogation techniques, high-value detainees became cooperative 
        stating, ``since the use of enhanced techniques, `KSM and Abu Zubaydah 
        have been pivotal sources because of their ability and willingness to 
        provide their analysis and speculation about the capabilities, 
        methodologies, and mindsets of terrorists.''';
Whereas mastermind of the attacks of September 11, 2001, Khalid Sheikh Mohammed 
        disclosed to CIA interrogators information about a ``second wave'' plot 
        using an East Asian al-Qaeda group known as Jemmah Islamiyah to hijack 
        and crash an airliner into the Library Tower in Los Angeles;
Whereas Khalid Sheikh Mohammed gave CIA interrogators information that led to 
        the capture of Riduan bin Isomuddin, known as Hambali, the leader of the 
        Indonesian terrorist organization Jemaah Islamiyah;
Whereas al-Qaeda senior operational planner Abu Zubaydah and Khalid Sheikh 
        Mohammed supplied important intelligence about Abu Musab al-Zarqawi and 
        his terrorist network, aiding United States operations against al-Qaeda 
        in Iraq;
Whereas in a May 2011 interview, Leon Panetta, the Director of the CIA, in 
        response to a direct question about enhanced interrogation and the 
        successful bin Laden operation, stated that, ``Obviously there was some 
        valuable information that was derived through those kind of 
        interrogations.'';
Whereas, although the President issued an Executive Order in January 2009 that 
        effectively ended the CIA's interrogation and detention program, the 
        Administration has yet to establish clear policies for the detention and 
        interrogation of suspected high-value detainees, particularly those 
        captured overseas by foreign governments;
Whereas in 2009, the Attorney General launched a preliminary review into whether 
        Federal laws were violated in connection with the interrogation of 
        specific detainees, even though career prosecutors had previously 
        considered and rejected filing criminal charges in those cases; and
Whereas the preliminary review initiated by the Attorney General will determine 
        whether CIA employees involved in the detention and interrogation of 
        terrorists should be prosecuted for alleged violations of Federal law: 
        Now, therefore, be it
    Resolved, That the Senate--
            (1) commends the professionals of the United States 
        intelligence community for their dedication;
            (2) expresses thanks to the employees of the Central 
        Intelligence Agency for their selfless service;
            (3) recognizes that continued investigation of employees of 
        the Central Intelligence Agency for their involvement in a 
        detention and interrogation program that helped to save lives 
        by averting terrorist attacks on the United States is 
        unwarranted and will likely have a chilling effect on the 
        critical work of their colleagues and other United States 
        national security professionals;
            (4) urges the President and the Attorney General to 
        immediately close the Department of Justice's ongoing 
        investigation, and decline future prosecution, of Central 
        Intelligence Agency employees for actions related to the 
        interrogation of detainees at overseas locations, including the 
        use of enhanced interrogation techniques on detained terrorists 
        at such locations; and
            (5) urges the President to develop and implement policies 
        allowing for the long-term detention and interrogation by the 
        intelligence community of high-value detainees, including 
        detainees who are captured overseas or are in the custody of 
        foreign countries.
                                 <all>
```