S.Amdt. 1149
What it does: Adds SEC. _. RELEASE OR TRANSFER OF COVERED INDIVIDUALS wherever appropriate
Sen. Lindsey Graham (R-SC)What it changes
1 change to H.R. 2346
Adds SEC. _. RELEASE OR TRANSFER OF COVERED INDIVIDUALS wherever appropriate
Adds a sectionInserted: SEC. _. RELEASE OR TRANSFER OF COVERED INDIVIDUALS.
Inserted: (a) Covered Individual Defined.--In this section, the term "covered individual" means any individual who--
Inserted: (1) has ever been determined by a Combatant Status Review Tribunal to be an enemy combatant (pursuant to the definition employed by that tribunal) or is awaiting the determination of such a tribunal;
Inserted: (2) is in the custody of the United States at Guantanamo Bay, Cuba on or after the date of enactment of this Act; and
Inserted: (3) is not a citizen of the United States or an alien admitted for permanent residence in the United States.
Inserted: (b) Covered Individuals Ordered Released.--
Inserted: (1) In general.--No court shall order the release of a covered individual into the United States.
Inserted: (2) Visas and immigration.--The Secretary of State may not issue any visa, and the Secretary of Homeland Security may not admit or provide any type of status, to a covered individual that permits the covered individual to enter into, or be admitted to, the United States.
Inserted: (c) Transfer.--
Inserted: (1) In general.--If a covered individual is no longer held by the United States as an enemy combatant, the covered individual shall be released into the custody of the Secretary of Homeland Security, who shall transfer the individual to the covered individual's country of nationality or to another country.
Inserted: (2) Housing.--An individual in the custody of the Secretary of Homeland Security pursuant to paragraph (1) shall be housed separately from aliens detained as enemy combatants by the Department of Defense in a manner consistent with the safety and security of United States personnel.
Inserted: (3) Transfer.--Transfers made pursuant to paragraph (1) shall be carried out as expeditiously as possible and in a manner that is consistent with--
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Inserted: (A) the policy set out in section 2242 of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (8 U.S.C. 1231 note); and
Inserted: (B) the national security interests of the United States.
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Original wording
At the appropriate place, insert the following:
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As printed
SA 1149. Mr. GRAHAM (for himself and Mr. Lieberman) submitted an amendment intended to be proposed by him to the bill H.R. 2346, making supplemental appropriations for the fiscal year ending September 30, 2009, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _. RELEASE OR TRANSFER OF COVERED INDIVIDUALS.
(a) Covered Individual Defined.--In this section, the term “covered individual” means any individual who--
(1) has ever been determined by a Combatant Status Review Tribunal to be an enemy combatant (pursuant to the definition employed by that tribunal) or is awaiting the determination of such a tribunal;
(2) is in the custody of the United States at Guantanamo Bay, Cuba on or after the date of enactment of this Act; and
(3) is not a citizen of the United States or an alien admitted for permanent residence in the United States.
(b) Covered Individuals Ordered Released.--
(1) In general.--No court shall order the release of a covered individual into the United States.
(2) Visas and immigration.--The Secretary of State may not issue any visa, and the Secretary of Homeland Security may not admit or provide any type of status, to a covered individual that permits the covered individual to enter into, or be admitted to, the United States.
(c) Transfer.--
(1) In general.--If a covered individual is no longer held by the United States as an enemy combatant, the covered individual shall be released into the custody of the Secretary of Homeland Security, who shall transfer the individual to the covered individual's country of nationality or to another country.
(2) Housing.--An individual in the custody of the Secretary of Homeland Security pursuant to paragraph (1) shall be housed separately from aliens detained as enemy combatants by the Department of Defense in a manner consistent with the safety and security of United States personnel.
(3) Transfer.--Transfers made pursuant to paragraph (1) shall be carried out as expeditiously as possible and in a manner that is consistent with--
(A) the policy set out in section 2242 of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (8 U.S.C. 1231 note); and
(B) the national security interests of the United States.
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Senate amendment submitted
May 20, 2009