S.Amdt. 4070

SA 4070. Mr. MORAN (for himself, Mr. Daines, Mr. Blunt, Mr. Tillis,
Mr. Rubio, Mr. Inhofe, Mr. Boozman, and Mr. Hatch) submitted an
amendment intended to be proposed by him to the bill S. 2943, to
authorize appropriations for fiscal year 2017 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:

After section 1027, insert the following:

SEC. 1027A. STRENGTHENING OF CERTIFICATION REQUIREMENTS
RELATING TO THE TRANSFER OR RELEASE OF
DETAINEES AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.

(a) Certification Requirement Generally.--Subsection (a) of
section 1034 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 969; 10 U.S.C.
801 note) is amended--
(1) in the subsection heading, by striking ``Prior''; and
(2) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) In general.--Except as provided in paragraph (2), no
amount authorized to be appropriated or otherwise made
available for the Department of Defense or any other
department, agency, or element of the United States
Government may be used after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2017 to
transfer, release, or assist in the transfer or release of
any individual detained at Guantanamo to the custody or
control of any foreign country or other foreign entity unless
the Secretary of Defense certifies to the appropriate
committees of Congress that the individual no longer poses a
continuing threat to the security of the United States, its
citizens, and its interests as described in subsection (b).
The certification with respect to an individual shall be
submitted not later than 30 days after the date on which the
Secretary makes the determination that the individual no
longer poses a continuing threat to the security of the
United States, its citizens, and its interests.''.
(b) Certification Elements.--Subsection (b) of such section
is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(2) by inserting before paragraph (2), as redesignated by
paragraph (1) of this subsection, the following new paragraph
(1):
``(1) the individual to be transferred or released no
longer poses a continuing threat to the security of the
United States, its citizens, and its interests;'';
(3) in paragraph (2), as so redesignated, by inserting ``or
release'' after ``transfer'';
(4) by inserting ``or released'' after ``transferred'' each
place it appears; and
(5) in subparagraph (B) of paragraph (4), as so
redesignated, by striking ``paragraph (2)(C)'' and inserting
``paragraph (3)(C)''.
(c) Additional Matters in Connection With Certifications.--
Such section is further amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Additional Matters in Connection With
Certifications.--
``(1) Recommendations.--In determining whether to make a
certification described in subsection (b) on an individual,
the Secretary shall take into account, and include with the
certification, the recommendations and military value
analyses of the following:
``(A) The Chairman of the Joint Chiefs of Staff.
``(B) The Chiefs of Staff of the Armed Forces, with respect
to the effects of the transfer or release on military
personnel with a residence for their permanent duty station
in the geographic area, or forward deployed forces, in the
foreign country concerned.
``(C) The commander of the geographic combatant command
having the foreign country or entity to which the individual
will be transferred or released within its area of
operational responsibility.
``(D) The Commander of the United States Southern Command.

[[Page S3057]]

``(2) Provision to individuals.--Each individual covered by
a certification described in subsection (b) shall be provided
an unclassified written summary of the certification, in a
language the individual understands, not earlier than 30 days
after the Secretary submits the certification to the
appropriate committees of Congress pursuant to subsection
(a). The summary shall also be provided to the personal
representative and private counsel of the individual.''.
(d) Conforming Amendments.--Paragraph (3) of subsection (f)
of such section, as redesignated by subsection(c)(1) of this
section, is amended--
(1) by striking ``subsection (b)(2)(C)'' and inserting
``subsection (b)(3)(C)''; and
(2) by striking ``subsection (b)(3)'' and inserting
``subsection (b)(4)''.
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