An amendment to prohibit the use of funds for the transfer or release of individuals detained at United States Station, Guantanamo Bay, Cuba.

1. 1

   Change 1: Rewrites section 1032

   Replaces

   In H.R. 5136 · Reported in House

   SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

   Struck: (a) Releases.--During the period beginning on October 1, 2010, and ending on December 31, 2011, the Secretary of Defense may not use any of the amounts authorized to be appropriated in this Act or otherwise available to the Department of Defense to release into the United States, its territories, or possessions, any individual described in subsection (d).

   Struck: (b) Transfers.--During the period beginning on October 1, 2010, and ending on December 31, 2011, the Secretary of Defense may not use any of the amounts authorized to be appropriated in this Act or otherwise available to the Department of Defense to transfer any individual described in subsection (d) to the United States, its territories, or possessions, until 120 days after the President has submitted to the congressional defense committees the plan described in section 1041(c) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2454).

   Struck: (c) Consultation Required.--The President shall consult with the chief executive of the State, the District of Columbia, or the territory or possession of the United States to which the disposition in section 1041(c)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat. 2454) includes transfer to that State, District of Columbia, or territory or possession.

   Struck: (d) Individuals Described.--An individual described in this subsection is any individual who is located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who--

   Inserted: None of the funds authorized to be appropriated by this Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who--

   (1) is not a [struck: citizen of the ]United States [inserted: citizen ]or a member of the Armed Forces of the United States; and

   Struck: (2) is--

   Struck: (A) in the custody or under the effective control of the Department of Defense; or

   Struck: (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

   Inserted: (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

   Original wording

   Strike section 1032 and insert the following:

2. 2

   Change 2: Replaces “within the exclusive investigative jurisdiction of the Inspector General of the Departmen…” at the section 1037(a)(1)(C) with “of the United States”

   Replaces

   In H.R. 5136 · Reported in House

   (C) violated any law [struck: within the exclusive investigative jurisdiction ]of the [struck: Inspector General of the Department of Defense][inserted: United States]; or

   Original wording

   In section 1037(a)(1)(C), strike “within the exclusive investigative jurisdiction of the Inspector General of the Department of Defense” and insert “of the United States”.

3. 3

   Change 3: Strikes section 1037(b)

   Strikes

   In H.R. 5136 · Reported in House

   Struck: (b) Limitation.--The Inspector General of the Department of Defense shall initiate the investigation described in subsection (a) 30 days or later after the date of the enactment of this Act, unless--

   Struck: (1) the Secretary of Defense and the Attorney General determine that the investigation described in subsection (a) cannot be performed without interfering with, or otherwise compromising, any related criminal investigation, prosecution, or other legal proceeding; and

   Struck: (2) the Secretary of Defense and the Attorney General submit such determination to Congress.

   Original wording

   In section 1037, strike subsection (b).

4. 4

   Change 4: Strikes section 1037(f)(2)

   Strikes

   In H.R. 5136 · Reported in House

   Struck: (2) the Inspector General of the Department of Defense to investigate any matter that is solely within the investigative jurisdiction of another Federal official or entity.

   Original wording

   In section 1037(f), strike paragraph (2).

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

As printed