S.Amdt. 4197

SA 4197. Mr. RUBIO 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:

At the end of subtitle D of title X, add the following:

SEC. 1031. PROHIBITION ON TRANSFER OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO FOREIGN COUNTRIES OR ENTITIES IN THE
WESTERN HEMISPHERE.

(a) Prohibition.--An individual detained at Guantanamo may
not be transferred to a foreign country or a foreign entity
in the Western Hemisphere.
(b) Construction.--The prohibition in subsection (a) in
connection with the transfer of an individual detained at
Guantanamo is in addition to any other requirement or
limitation on the transfer by law.
(c) Individual Detained at Guantanamo Defined.--In this
section, the term ``individual detained at Guantanamo'' means
an individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(1) is not a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)) 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 detained at United States Naval Station,
Guantanamo Bay.
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