S.Amdt. 4378

1. Adds SEC. __. REQUIREMENTS FOR CONTINUED DETENTION OR RELEASE OF INDIVIDUALS HELD AT GUANTANAMO BAY, CUBA wherever appropriate

   Adds a section

   Inserted: SEC. __. REQUIREMENTS FOR CONTINUED DETENTION OR RELEASE OF INDIVIDUALS HELD AT GUANTANAMO BAY, CUBA.

   Inserted: (a) In General.--Except as provided in subsection (b), not later than 180 days after the date of the enactment of this Act, an alien who is detained by the Secretary of Defense at Guantanamo Bay, Cuba shall be--

   Inserted: (1) charged with a crime in a civilian or military court;

   Inserted: (2) repatriated to such alien's country of origin, unless there are substantial grounds to believe that the alien would be in danger of being subjected to torture in such country; or

   Inserted: (3) released to a country other than the alien's country of origin.

   Inserted: (b) Reporting Regarding Failure To Change or Release.--

   Inserted: (1) In general.--With respect to any alien described in subsection (a) who is not charged, repatriated, or released within 180 days after the date of the enactment of this Act, the Secretary of Defense shall at that time, and every 180 days thereafter, submit to the appropriate committees of Congress a detailed report for each such alien that includes the following:

   Inserted: (A) The name and nationality of each alien being detained by the Secretary of Defense at Guantanamo Bay, Cuba.

   Inserted: (B) With respect to each alien--

   Inserted: (i) a detailed statement of why the alien has not been charged, repatriated, or released;

   Inserted: (ii) a statement of when the United States Government intends to charge, repatriate, or release the alien;

   Inserted: (iii) a description of the procedures to be employed by the United States Government to determine whether to charge, repatriate, or release the alien and a schedule for the employment of such procedures; and

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   Inserted: (iv) if the Secretary of Defense has transferred or has plans to transfer the alien from the custody of the Secretary to another agency or department of the United States, a description of such transfer.

   Inserted: (2) Form of reports.--Each report required by this subsection shall be submitted in an unclassified form to the maximum extent practicable and may include a classified annex, if necessary.

   Inserted: (3) Appropriate committees of congress defined.--In this subsection, the term "appropriate committees of Congress" means--

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

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

   Inserted: (c) Nothing in this section shall be construed in any way as authorizing or permitting:

   Inserted: (1) military commissions presently constituted under the November 13, 2001 Order of the President; or

   Inserted: (2) the detention of individuals had at Guantanamo Bay, Cuba.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed