S.Amdt. 2042Senate113th Congress (2013-2015)

S.Amdt. 2042

What it does: Rewrites section 1033
Submitted November 14, 2013

What it changes

1 change to S. 1197 · shown in the bill's text

Rewrites a provision
  1. Rewrites section 1033

    Replaces

    In S. 1197 · Placed on Calendar Senate

    SEC. 1033. [struck: LIMITATION][inserted: PROHIBITION] ON THE [inserted: USE OF FUNDS FOR THE ]TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) [struck: In General][inserted: Prohibition].--[struck: Except as provided in subsection (b), none ][inserted: None ]of the funds authorized to be appropriated by this Act for fiscal year 2014 may be used to transfer, release, or assist in the transfer or release to or within the United States, [struck: its ][inserted: or the ]territories[struck: ,] or possessions of [inserted: the United States, of ]Khalid Sheikh Mohammed or any other detainee who--

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

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

    Struck: (b) Transfer for Detention and Trial.--The Secretary of Defense may transfer a detainee described in subsection (a) to the United States for detention and trial if the Secretary--

    Struck: (1) determines that the transfer is in the national security interest of the United States;

    Struck: (2) determines that appropriate actions have been taken, or will be taken, to address any risk to public safety that could arise in connection with the detention and trial in the United States; and

    Struck: (3) notifies the appropriate committees of Congress not later than 30 days before the date of the proposed transfer.

    Show 6 more struck paragraphs

    Struck: (c) Notification Elements.--A notification on a transfer under subsection (b)(3) shall include the following:

    Struck: (1) A statement of the basis for the determination that the transfer is in the national security interest of the United States.

    Struck: (2) A description of the actions the Secretary determines have been taken, or will be taken, to address any risk to public safety that could arise in connection with the detention and trial in the United States.

    Struck: (d) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--

    Struck: (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

    Struck: (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

    Inserted: (b) Exception.--The prohibition in subsection (a) shall not apply to an individual who is transferred to United States Naval Station, Guantanamo Bay, Cuba, after the date of the enactment of this Act for the purpose of interrogation by the United States.

    Original wording

    Strike section 1033 and insert the following:

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

As printed

SA 2042. Ms. AYOTTE (for herself, Mr. Chambliss, Mr. Inhofe, and Mrs. Fischer) submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 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:

Strike section 1033 and insert the following:

SEC. 1033. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) Prohibition.--None of the funds authorized to be appropriated by this Act for fiscal year 2014 may be used to transfer, release, or assist in the transfer or release to or within the United States, or the territories or possessions of the United States, of Khalid Sheikh Mohammed or any other detainee who--

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

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

(b) Exception.--The prohibition in subsection (a) shall not apply to an individual who is transferred to United States Naval Station, Guantanamo Bay, Cuba, after the date of the enactment of this Act for the purpose of interrogation by the United States.

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Senate amendment submitted

November 14, 2013