S.Amdt. 3035
What it does: Adds SEC. 1032. REPORT ON TRANSFER TO THE GOVERNMENT OF AFGHANISTAN OF ENEMY COMBATANTS DETAINED BY THE UNITED STATES IN AFGHANISTAN at the end of subtitle D of title X
Sen. Scott P. Brown (R-MA)What it changes
1 change to S. 3254 · shown in the bill's text
Adds SEC. 1032. REPORT ON TRANSFER TO THE GOVERNMENT OF AFGHANISTAN OF ENEMY COMBATANTS DETAINED BY THE UNITED STATES IN AFGHANISTAN at the end of subtitle D of title X
Adds a sectionIn S. 3254 · Placed on Calendar Senate
(b) Requirements for Certifications on Transfers of Detainees to Foreign Countries or Entities.--Section 1028(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 (125 Stat. 1567; 10 U.S.C. 801 note) is amended by inserting "or 2013" after "fiscal year 2012".
Inserted: SEC. 1032. REPORT ON TRANSFER TO THE GOVERNMENT OF AFGHANISTAN OF ENEMY COMBATANTS DETAINED BY THE UNITED STATES IN AFGHANISTAN.
Inserted: (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the following:
Inserted: (1) The policy of the United States on the disposition of Afghanistan enemy combatants captured on the battlefield who are or will be detained in detention facilities in Afghanistan under the control of the United States.
Inserted: (2) The policy of the United States on the disposition of non-Afghanistan enemy combatants captured on the battlefield who are or will be detained in detention facilities in Afghanistan under the control of the United States.
Inserted: (3) The policy of the United States on the disposition of high-risk enemy combatants captured on the battlefield who are or will be detained in detention facilities in Afghanistan under the control of the United States.
Inserted: (4) A plan for the transfer of high-risk enemy combatants described in paragraph (3) from detention facilities in Afghanistan under the control of the United States after December 31, 2014.
Inserted: (5) An assessment of the extent to which the Government of Afghanistan will provide continuing and enduring support to the criminal justice system of Afghanistan for purposes of maintaining the rule of law in Afghanistan after December 31, 2014.
Inserted: (b) Definitions.--In this section:
Inserted: (1) The term "detention facilities in Afghanistan under the control of the United States" means facilities in Afghanistan established to hold persons consistent with the law of war and international humanitarian law, including Additional Protocol II of 1977 to the Geneva Convention of 1949.
Inserted: (2) The term "enemy combatant" means an individual who--
Inserted: (A) after September 11, 2001, has purposefully engaged in or materially supported hostilities against the United States or its coalition partners; or
Inserted: (B) is a member of, part of, or operated in a clandestine, covert, or military capacity on behalf of the Taliban, al Qaeda, or associated forces.
Show 1 more inserted paragraphShow less
Inserted: (3) The term "high-risk", with respect to an enemy combatant, means that the transfer of the enemy combatant to the Government of Afghanistan would create unacceptable national security risks to the United States and its coalition partners.
Original wording
At the end of subtitle D of title X, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3035. Mr. BROWN of Massachusetts submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 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 subtitle D of title X, add the following:
SEC. 1032. REPORT ON TRANSFER TO THE GOVERNMENT OF AFGHANISTAN OF ENEMY COMBATANTS DETAINED BY THE UNITED STATES IN AFGHANISTAN.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the following:
(1) The policy of the United States on the disposition of Afghanistan enemy combatants captured on the battlefield who are or will be detained in detention facilities in Afghanistan under the control of the United States.
(2) The policy of the United States on the disposition of non-Afghanistan enemy combatants captured on the battlefield who are or will be detained in detention facilities in Afghanistan under the control of the United States.
(3) The policy of the United States on the disposition of high-risk enemy combatants captured on the battlefield who are or will be detained in detention facilities in Afghanistan under the control of the United States.
(4) A plan for the transfer of high-risk enemy combatants described in paragraph (3) from detention facilities in Afghanistan under the control of the United States after December 31, 2014.
(5) An assessment of the extent to which the Government of Afghanistan will provide continuing and enduring support to the criminal justice system of Afghanistan for purposes of maintaining the rule of law in Afghanistan after December 31, 2014.
(b) Definitions.--In this section:
(1) The term “detention facilities in Afghanistan under the control of the United States” means facilities in Afghanistan established to hold persons consistent with the law of war and international humanitarian law, including Additional Protocol II of 1977 to the Geneva Convention of 1949.
(2) The term “enemy combatant” means an individual who--
(A) after September 11, 2001, has purposefully engaged in or materially supported hostilities against the United States or its coalition partners; or
(B) is a member of, part of, or operated in a clandestine, covert, or military capacity on behalf of the Taliban, al Qaeda, or associated forces.
(3) The term “high-risk”, with respect to an enemy combatant, means that the transfer of the enemy combatant to the Government of Afghanistan would create unacceptable national security risks to the United States and its coalition partners.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
November 28, 2012