H.Amdt. 168House113th Congress (2013-2015)

Amendment sought to provide framework to close the detention facility at Guantanamo Bay, Cuba, by December 1, 2014.

What it does: 14 changes: strikes 2 provisions, replaces text in 6 places, strikes text, inserts text in 4 places, adds a section
Sponsored by Adam SmithRep. Adam Smith (D-WA)
Submitted June 14, 2013

Description

An amendment numbered 20 printed in Part B of House Report 113-108 to provide framework to close the detention facility at Guantanamo Bay, Cuba, by December 1, 2014.

What it changes

14 changes to H.R. 1960 · 1 shown in the bill's text

Strikes 2 provisionsReplaces text in 6 placesStrikes textInserts text in 4 placesAdds a section
  1. Change 1: Strikes section 1034 of section 1033 of section 1032

    Strikes

    Removes section 1034 of section 1033 of section 1032.

    Original wording

    Strike sections 1032, 1033, and 1034.

  2. Change 2: Replaces “120 days” with “60 days”

    ReplacesPage 399, line 9Printed page

    [struck: 120 days][inserted: 60 days]

    Original wording

    Page 399, line 9, strike “120 days” and insert “60 days”.

  3. Change 3: Replaces “90 days after the date of the enactment of this Act, the Secretary of Defense” with “30 days after the date of the enactment of this Act, the President”

    ReplacesPage 402, lines 6–7Printed page

    [struck: 90 days after the date of the enactment of this Act, the Secretary of Defense][inserted: 30 days after the date of the enactment of this Act, the President]

    Original wording

    Page 402, lines 6 through 7, strike “90 days after the date of the enactment of this Act, the Secretary of Defense” and insert “30 days after the date of the enactment of this Act, the President”.

  4. Change 4: Strikes “of the Department of Defense”

    StrikesPage 402, lines 8–9Printed page

    Struck: of the Department of Defense

    Original wording

    Page 402, lines 8 through 9, strike “of the Department of Defense”.

  5. Change 5: Inserts “, in consultation with the Secretary of Defense, the Attorney General, and the intelligen…” after “principal responsibility”

    InsertsPage 402, line 10Printed page

    In H.R. 1960 · Reported in House

    Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall--

    (1) designate a senior official of the Department of Defense as the official with principal responsibility[struck: ][inserted: , in consultation with the Secretary of Defense, the Attorney General, and the intelligence community (under the meaning given such term section 3(4) of the National Security 18 Act of 1947 (50 U.S.C. 3003(4)), ]for coordination and management of the transfer of individuals detained at United States Naval Station, Guantanamo Bay, Cuba; and

    (2) set forth the responsibilities of that senior official with respect to such transfers.

    Original wording

    Page 402, line 10, after “principal responsibility” insert the following: “, in consultation with the Secretary of Defense, the Attorney General, and the intelligence community (under the meaning given such term section 3(4) of the National Security 18 Act of 1947 (50 U.S.C. 3003(4)),”.

  6. Change 6: Inserts “, and the closure of the detention facility at such Naval Station” after “Cuba”

    InsertsPage 402, line 12Printed page

    …Cuba[inserted: , and the closure of the detention facility at such Naval Station]…

    Original wording

    Page 402, line 12, after “Cuba” insert the following: “, and the closure of the detention facility at such Naval Station”.

  7. Change 7: Inserts “and such closure” after “transfers”

    InsertsPage 402, line 14Printed page

    …transfers[inserted: and such closure]…

    Original wording

    Page 402, line 14, after “transfers” insert the following: “and such closure”.

  8. Change 8: Replaces “120 days” with “60 days”

    ReplacesPage 403, line 5Printed page

    [struck: 120 days][inserted: 60 days]

    Original wording

    Page 403, line 5, strike “120 days” and insert “60 days”.

  9. Change 9: Replaces “120 days” with “60 days”

    ReplacesPage 403, line 20Printed page

    [struck: 120 days][inserted: 60 days]

    Original wording

    Page 403, line 20, strike “120 days” and insert “60 days”.

  10. Change 10: Replaces “90 days” with “60 days”

    ReplacesPage 404, line 24Printed page

    [struck: 90 days][inserted: 60 days]

    Original wording

    Page 404, line 24, strike “90 days” and insert “60 days”.

  11. Change 11: Adds SEC. 1040B. GUANTANAMO BAY DETENTION FACILITY CLOSURE ACT OF 2013 on page 405, line 9

    Adds a sectionPrinted page

    Inserted: SEC. 1040B. GUANTANAMO BAY DETENTION FACILITY CLOSURE ACT OF 2013.

    Inserted: (a) Short Title.--This section may be cited as the "Guantanamo Bay Detention Facility Closure Act of 2013".

    Inserted: (b) Use of Funds.--Notwithstanding any other provision of law, amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be used to--

    Inserted: (1) construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment;

    Inserted: (2) transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions an individual detained at Guantanamo; or

    Inserted: (3) transfer an individual detained at Guantanamo to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity.

    Inserted: (c) Notice to Congress.--Not later than 30 days before transferring any individual detained at Guantanamo to the United States, its territories, or possessions, or to a foreign country or entity, the President shall submit to Congress a report about such individual that includes--

    Inserted: (1) notice of the proposed transfer; and

    Inserted: (2) the assessment of the Secretary of Defense and the intelligence community (under the meaning given such term section 3(4) of the National Security 18 Act of 1947 (50 U.S.C. 3003(4)) of available evidence relating to the threat posed by the individual, any security concerns about the individual, the likelihood that the individual will engage in recidivism, and humanitarian concerns about the individual, including--

    Inserted: (A) the likelihood the detainee will resume terrorist activity if transferred or released;

    Inserted: (B) the likelihood the detainee will reestablish ties with al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners if transferred or released;

    Inserted: (C) the likelihood of family, tribal, or government rehabilitation or support for the detainee if transferred or released;

    Show 9 more inserted paragraphs

    Inserted: (D) the likelihood the detainee may be subject to trial by military commission; and

    Inserted: (E) any law enforcement interest in the detainee.

    Inserted: (d) Prohibition on Use of Funds.--No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used after December 31, 2014, for the detention facility or detention operations at United States Naval Station, Guantanamo Bay, Cuba.

    Inserted: (e) Periodic Review Boards.--The Secretary of Defense shall ensure that each periodic review board established pursuant to Executive Order No. 13567 or section 1023 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1564; 10 U.S.C. 801 note) is completed by not later than 60 days after the date of the enactment of this Act.

    Inserted: (f) Individual Detained at Guantanamo.--In this section, the term "individual detained at Guantanamo" means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who--

    Inserted: (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and

    Inserted: (2) is--

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

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

    Original wording

    Page 405, after line 9, insert the following:

  12. Change 12: Strikes section 2901(a)(b)(c)

    Strikes

    Removes section 2901(a)(b)(c).

    Original wording

    In section 2901, strike subsections (a), (b), and (c).

  13. Change 13: Replaces “120 days” with “60 days”

    ReplacesPage 646, lines 11–12Printed page

    [struck: 120 days][inserted: 60 days]

    Original wording

    Page 646, lines 11 and 12, strike “120 days” and insert “60 days”.

  14. Change 14: Inserts new text on page 648, line 5

    Inserted: (F) The estimated security costs associated with trying such individuals in courts established under Article III of the Constitution or in military commissions conducted in the United States, including the costs of military personnel, civilian personnel, and contractors associated with the prosecution at such location, including any costs likely to be incurred by other Federal departments or agencies, or State or local governments.

    Inserted: (G) A plan developed by the Attorney General, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and the heads of other relevant departments and agencies, identifying a disposition, other than continued detention at United States Naval Station, Guantanamo Bay, Cuba, for each individual detained at such Naval Station as of the date of the enactment of this Act who is designated for prosecution. Such a disposition may include transfer to the United States for trial or detention pursuant to the law of war, transfer to a foreign country for prosecution, or release.

    Original wording

    Page 648, after line 5, insert the following:

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

As printed

Strike sections 1032, 1033, and 1034.

Page 399, line 9, strike “120 days” and insert “60 days”.

Page 402, lines 6 through 7, strike “90 days after the date of the enactment of this Act, the Secretary of Defense” and insert “30 days after the date of the enactment of this Act, the President”.

Page 402, lines 8 through 9, strike “of the Department of Defense”.

Page 402, line 10, after “principal responsibility” insert the following: “, in consultation with the Secretary of Defense, the Attorney General, and the intelligence community (under the meaning given such term section 3(4) of the National Security 18 Act of 1947 (50 U.S.C. 3003(4)),”.

Page 402, line 12, after “Cuba” insert the following: “, and the closure of the detention facility at such Naval Station”.

Page 402, line 14, after “transfers” insert the following: “and such closure”.

Page 403, line 5, strike “120 days” and insert “60 days”.

Page 403, line 20, strike “120 days” and insert “60 days”.

Page 404, line 24, strike “90 days” and insert “60 days”.

Page 405, after line 9, insert the following:

SEC. 1040B. GUANTANAMO BAY DETENTION FACILITY CLOSURE ACT OF 2013.

(a) Short Title.--This section may be cited as the “Guantanamo Bay Detention Facility Closure Act of 2013”.

(b) Use of Funds.--Notwithstanding any other provision of law, amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be used to--

(1) construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment;

(2) transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions an individual detained at Guantanamo; or

(3) transfer an individual detained at Guantanamo to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity.

(c) Notice to Congress.--Not later than 30 days before transferring any individual detained at Guantanamo to the United States, its territories, or possessions, or to a foreign country or entity, the President shall submit to Congress a report about such individual that includes--

(1) notice of the proposed transfer; and

(2) the assessment of the Secretary of Defense and the intelligence community (under the meaning given such term section 3(4) of the National Security 18 Act of 1947 (50 U.S.C. 3003(4)) of available evidence relating to the threat posed by the individual, any security concerns about the individual, the likelihood that the individual will engage in recidivism, and humanitarian concerns about the individual, including--

(A) the likelihood the detainee will resume terrorist activity if transferred or released;

(B) the likelihood the detainee will reestablish ties with al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners if transferred or released;

(C) the likelihood of family, tribal, or government rehabilitation or support for the detainee if transferred or released;

(D) the likelihood the detainee may be subject to trial by military commission; and

(E) any law enforcement interest in the detainee.

(d) Prohibition on Use of Funds.--No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used after December 31, 2014, for the detention facility or detention operations at United States Naval Station, Guantanamo Bay, Cuba.

(e) Periodic Review Boards.--The Secretary of Defense shall ensure that each periodic review board established pursuant to Executive Order No. 13567 or section 1023 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1564; 10 U.S.C. 801 note) is completed by not later than 60 days after the date of the enactment of this Act.

(f) Individual Detained at Guantanamo.--In this section, the term “individual detained at Guantanamo” means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who--

(1) is not a citizen of the United States or a member of the Armed Forces of the United States; and

(2) is--

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

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

In section 2901, strike subsections (a), (b), and (c).

Page 646, lines 11 and 12, strike “120 days” and insert “60 days”.

Page 648, after line 5, insert the following:

(F) The estimated security costs associated with trying such individuals in courts established under Article III of the Constitution or in military commissions conducted in the United States, including the costs of military personnel, civilian personnel, and contractors associated with the prosecution at such location, including any costs likely to be incurred by other Federal departments or agencies, or State or local governments.

(G) A plan developed by the Attorney General, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and the heads of other relevant departments and agencies, identifying a disposition, other than continued detention at United States Naval Station, Guantanamo Bay, Cuba, for each individual detained at such Naval Station as of the date of the enactment of this Act who is designated for prosecution. Such a disposition may include transfer to the United States for trial or detention pursuant to the law of war, transfer to a foreign country for prosecution, or release.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

6 earlier actions
Floor Latest Action

House amendment offered

June 14, 2013

View full timeline
Floor

House amendment offered

June 14, 2013

Not Used

House amendment offered/reported by: Amendment (A028) offered by Mr. Smith (WA).(consideration: CR H3596-3599, H3629-3630; text: CR H3596-3597)

June 14, 2013 • 9:24 AM

Floor

House amendment not agreed to: On agreeing to the Smith (WA) amendment (A028) Failed by recorded vote: 174 - 249 (Roll no. 237).

June 14, 2013 • 12:22 PM

Floor

Roll call votes on amendments in House

June 14, 2013 • 12:22 PM

Not Used

Amendment failed in Committee of the Whole

June 14, 2013 • 12:22 PM

Floor

Amendment (A028) offered by Mr. Smith (WA). (consideration: CR H3596-3599, H3629-3630; text: CR H3596-3597)

June 14, 2013 • 9:24 AM

Floor

On agreeing to the Smith (WA) amendment (A028) Failed by recorded vote: 174 - 249 (Roll no. 237).

June 14, 2013 • 12:22 PM