S.Amdt. 4198

SA 4198. 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 WITHOUT
ASSESSMENT THAT INDIVIDUALS WILL POSE NO RISK
TO MILITARY AND CIVILIAN PERSONNEL OF THE
UNITED STATES OVERSEAS AFTER TRANSFER.

(a) Prohibition.--An individual detained at Guantanamo may
not be transferred to a foreign country or a foreign entity
unless the Director of National Intelligence, the Director of
the Central Intelligence Agency, the Director of the Defense
Intelligence Agency, and the Director of the Federal Bureau
of Investigation unanimously agree that the individual after
transfer will pose no risk to members of the Armed Forces or
civilian personnel of the United States Government overseas.
(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.
______