S.Amdt. 2125

SA 2125. Mrs. FEINSTEIN (for herself, Mr. Harkin, Mr. Dodd, Mrs. Clinton, Mr. Brown, Mr. Bingaman, Mr. Kennedy, Mr. Whitehouse, and Mr. Obama) submitted an amendment intended to be proposed by her to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 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 title X, add the following new section:

SECTION 1070. REQUIRED CLOSURE OF GUANTANAMO BAY DETENTION FACILITY.

(a) Closure of Detention Facility.--Not later than one year after the date of the enactment of this Act--

(1) the President shall close the Department of Defense detention facility at Guantanamo Bay, Cuba; and

(2) all detainees held at such facility shall be transferred from the facility.

(b) Restriction on Transfer of Detainees Outside the United States.--No detainee transferred under subsection (a)(2) who is kept in the custody or control of the United States may be transferred to a facility that is located outside the continental United States.

(c) Reporting Requirements.--

(1) Implementation plan.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report describing plans to implement subsection (a), including the legal justification for continuing to detain any individual under United States custody under such plans.

(2) Updates.--The President shall keep Congress fully and currently informed of the steps taken to implement subsection (a).

(d) Rules of Construction.--

(1) No additional detention authority.--Nothing in this section shall be construed as altering or adding to existing authorities for the detention or treatment of individuals in United States custody.

(2) Immigration status.--The transfer of an individual under subsection (a) shall not be considered an entry into the United States for purposes of immigration status.