To propose an alternative to section 1033, relating to a limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

SA 2175. Mr. LEVIN (for himself, Mr. McCain, Mrs. Feinstein, and Mr.
Udall of Colorado) submitted an amendment intended to be proposed by
him 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; as follows:

Strike section 1033 and insert the following:

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

(a) In General.--Except as provided in subsection (b), 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,
its territories, or possessions 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) Transfer for Detention and Trial.--The Secretary of
Defense may transfer a detainee described in subsection (a)
to the United States for detention pursuant to the
Authorization for Use of Military Force (Public Law 107-40;
50 U.S.C. 1541 note), trial, and incarceration if the
Secretary--
(1) determines that the transfer is in the national
security interest of the United States;
(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 detention and trial in the
United States; and
(3) notifies the appropriate committees of Congress not
later than 30 days before the date of the proposed transfer.
(c) Notification Elements.--A notification on a transfer
under subsection (b)(3) shall include the following:
(1) A statement of the basis for the determination that the
transfer is in the national security interest of the United
States.
(2) A description of the action the Secretary determines
have been taken, or will be taken, to address any risk to the
public safety that could arise in connection with the
detention and trial in the United States.
(d) Status While in the United States.--A detainee who is
transferred to the United States under this section--
(1) shall not be permitted to apply for asylum under
section 208 of the Immigration and Nationality Act (8 U.S.C.
1158) or be eligible to apply for admission into the United
States;
(2) 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)); and
(3) shall not, as a result of such transfer, have a change
in designation as an unprivileged enemy belligerent eligible
for detention pursuant to the Authorization for Use of
Military Force, as determined in accordance with applicable
law and regulations.
(e) Limitation on Transfer or Release of Detainees
Transferred to the United States.--An individual who is
transferred to the United States under this section may not
be released within the United States and may only be
transferred or released in accordance with the procedures
under section 1031.
(f) Limitations on Judicial Review.--
(1) Limitations.--Except as provided for in paragraph (2),
no court, justice, or judge shall have jurisdiction to hear
or consider any action against the United States or its
agents relating to any aspect of the detention, transfer,
treatment, or conditions of confinement of a detainee
described in subsection (a) who is held by the Armed Forces
of the United States.
(2) Exception.--A detainee who is transferred to the United
States under this section shall not be deprived of the right
to challenge his designation as an unprivileged enemy
belligerent by filing a writ of habeas corpus as provided by
the Supreme Court in Hamdan v. Rumsfeld (548 U.S. 557 (2006))
and Boumediene v. Bush (553 U.S. 723 (2008)).
(3) No cause of action in decision not to transfer.--A
decision not to transfer a detainee to the United States
under this section shall not give rise to a judicial cause of
action.
(g) Effective Date.--
(1) In general.--Subsections (b), (c), (d), (e), and (f)
shall take effect on the date that is 60 days after the date
on which the Secretary of Defense submits to the appropriate
committees of Congress a detailed plan to close the detention
facility at United States Naval Station, Guantanamo Bay,
Cuba.
(2) Elements.--The report required by paragraph (1) shall
contain the following:
(A) A case-by-case determination made for each individual
detained at Guantanamo of whether such individual is intended
to be transferred to a foreign country, transferred

[[Page S8214]]

to the United States for the purpose of civilian or military
trial, or transferred to the United States or another country
for continued detention under the law of armed conflict.
(B) The specific facility or facilities that are intended
to be used, or modified to be used, to hold individuals
inside the United States for the purpose of trial, for
detention in the aftermath of conviction, or for continued
detention under the law of armed conflict.
(C) The estimated costs associated with the detention
inside the United States of individuals detained at
Guantanamo.
(D) A description of any additional actions that should be
taken consistent with subsections (d), (e), and (f) to hold
detainees inside the United States.
(E) A detailed description and assessment, made in
consultation with the Secretary of State and the Director of
National Intelligence, of the actions that would be taken
prior to the transfer to a foreign country of an individual
detained at Guantanamo that would substantially mitigate the
risk of such individual engaging or reengaging in any
terrorist or other hostile activity that threatens the United
States or United States person or interests.
(F) What additional authorities, if any, may be necessary
to detain an individual detained at Guantanamo inside the
United States as an unprivileged enemy belligerent pursuant
to the Authorization for Use of Military Force (Public Law
107-40), pending the end of hostilities or a future
determination by the Secretary of Defense that such
individual no longer poses a threat to the United States or
United States persons or interests.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(h) Interim Prohibition.--The prohibition in section 1022
of the Fiscal Year 2013 National Defense Authorization Act
(Public Law 112-239; 126 Stat. 1911) shall apply to funds
appropriated or otherwise made available for fiscal year 2014
for the Department of Defense from the date of the enactment
of this Act until the effective date specified in subsection
(g).
(i) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' has the
meaning given that term in section 1031(e)(2).
______