S.Amdt. 2076

1. Rewrites section 1032

   Replaces

   In S. 1197 · Placed on Calendar Senate

   SEC. 1032. [struck: AUTHORITY TO TEMPORARILY TRANSFER INDIVIDUALS DETAINED AT][inserted: TRANSFER OF MEDICAL PERSONNEL AND SUPPLIES TO] UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, [struck: TO THE UNITED STATES ]FOR [struck: EMERGENCY OR CRITICAL MEDICAL TREATMENT][inserted: TREATMENT OF INDIVIDUALS DETAINED AT GUANTANAMO].

   (a) Transfer for Emergency or Critical Medical Treatment Authorized.--[struck: Notwithstanding section 1031(a), or ][inserted: The Secretary of Defense may transfer ]any [struck: similar provision of law enacted after September 30, 2013, the Secretary of Defense may temporarily transfer any individual detained at ][inserted: United States military medical personnel or medical supplies from a military medical treatment facility in the United States to United States Naval Station ]Guantanamo [struck: to a Department ][inserted: Bay, Cuba, for the purpose ]of [struck: Defense][inserted: providing] medical [struck: facility in ][inserted: treatment to prevent ]the [struck: United States for the sole purpose of providing ][inserted: death or significant injury or harm to ]the [struck: individual medical treatment if the Secretary determines that--][inserted: health of an individual detained at Guantanamo.]

   Struck: (1) the Senior Medical Officer, Joint Task Force-Guantanamo Bay, Cuba, has determined that the medical treatment is necessary to prevent death or imminent significant injury or harm to the health of the individual;

   Struck: (2) based on the recommendation of the Senior Medical Officer, Joint Task Force-Guantanamo Bay, Cuba, the medical treatment is not available to be provided at United States Naval Station, Guantanamo Bay, Cuba, without incurring excessive and unreasonable costs; and

   Struck: (3) the Department of Defense has provided for appropriate security measures for the custody and control of the individual during any period in which the individual is temporarily in the United States under this subsection.

   Struck: (b) Limitation on Exercise of Authority.--The authority of the Secretary of Defense under subsection (a) may be exercised only by the Secretary of Defense or by another official of the Department of Defense at the level of Under Secretary of Defense or higher.

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   Struck: (c) Conditions of Transfer.--An individual who is temporarily transferred under the authority in subsection (a) shall--

   Struck: (1) remain in the custody and control of the Secretary of Defense at all times; and

   Struck: (2) be returned to United States Naval Station, Guantanamo Bay, Cuba, as soon as feasible after a Department of Defense physician determines that--

   Struck: (A) the individual is medically cleared to travel; and

   Struck: (B) in consultation with the Commander, Joint Task Force-Guantanamo Bay, Cuba, any necessary follow-up medical care may reasonably be provided the individual at United States Naval Station, Guantanamo Bay, Cuba.

   Struck: (d) Status While in United States.--An individual who is temporarily transferred under the authority in subsection (a), while in the United States--

   Struck: (1) shall be considered to be paroled into the United States temporarily pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A));

   Struck: (2) shall not be permitted to apply for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), be placed in removal proceedings under section 240 of such Act (8 U.S.C. 1229a), or be eligible to apply for admission into the United States; and

   Struck: (3) shall not be permitted to avail himself of any right, privilege, or benefit of any law of the United States beyond those available to individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

   Struck: (e) Judicial Review Precluded.--A decision not to grant a temporary transfer under subsection (a), or not to recommend the granting of such a transfer, shall not give rise to a judicial cause of action.

   Struck: (f) Notification.--The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of any temporary transfer of an individual under the authority in subsection (a) not later than 5 days after the transfer of the individual under that authority.

   ([struck: g][inserted: b]) Individual Detained at Guantanamo Defined.--In this section, the term "individual detained at Guantanamo" has the meaning given that term in section 1031(e)(2).

   Original wording

   Strike section 1032 and insert the following:

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

As printed