S.Amdt. 4325

SA 4325. Mr. KIRK 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. ADDITIONAL REPORTS ON TRANSFER OF INDIVIDUALS
DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES.

(a) Report Required Upon Transfer.--
(1) Report.--Upon the transfer of an individual detained at
Guantanamo to a foreign country, the Secretary of Defense
shall submit to the appropriate committees of Congress a
report on any written or unwritten agreement or memorandum of
understanding between the United States Government and the
government of the country regarding the transfer of the
individual.
(2) Elements.--The report on an individual under paragraph
(1) shall set forth the following:
(A) The prospective status of the individual after transfer
to the country concerned.
(B) The capacity of the country to securely detain or
monitor the individual, or both.
(C) The actions the country will take to mitigate the risk
of recidivism by the individual.
(D) An assessment of the security environment in the
country.
(E) A list of individuals detained at Guantanamo previously
transferred to the country, if any, and the current known
status of each such individual.
(F) A plan to periodically assess the status of the
individual and the compliance of the country with any written
or unwritten agreement or memorandum of understanding
described in subsection (a).
(G) An assessment of security cooperation between the
United States and the country, and a description of any
security assistance provided to the country--
(i) in connection with the transfer; and
(ii) during the two-year period ending on the date of the
report.
(H) Any other incentives provided by the United States
Government to the country to accept the transfer of the
individual.
(b) Reports Required After Transfer.--
(1) In general.--The Secretary shall submit to the
appropriate committees of Congress, with the frequency
specified in paragraph (2), a report on each individual
detained at Guantanamo who is transferred to a foreign
county. Each such report shall include the following:
(A) A description of the compliance of such country with
any written or unwritten agreement or memorandum of
understanding between the United States Government and the
government of such country regarding the transfer of the
individual.
(B) A description of the status of each individual detained
at Guantanamo who was previously transferred to such country,
regardless of when transferred.
(2) Frequency.--A report shall be submitted under paragraph
(1) on an individual as follows:
(A) Not later than six months after transfer.
(B) Not later than one year after transfer.
(C) Not later than annually thereafter.
(c) Construction With Other Reporting Requirements.--The
reports required under this section in connection with the
transfer of an individual detained at Guantanamo are in
addition to any other reports required in connection with the
transfer of the individual under any other provision of law.
(d) Publication.--Each report under this section shall be
published in the Federal Register in unclassified form.
(e) 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'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the Department
of Defense; or

[[Page S3331]]

(ii) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.

SEC. 1032. REPORT ON INDIVIDUALS DETAINED AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA, WHOSE
STATUS WAS REVISED AFTER 2010 FINAL REPORT OF
THE GUANTANAMO REVIEW TASK FORCE.

(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, whose status was revised after the
January 22, 2010, Final Report of the Guantanamo Review Task
Force.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) Name and number of each individual detained at
Guantanamo whose status was revised after the January 22,
2010, Final Report of the Guantanamo Review Task Force.
(2) An explanation for the revision in status of each such
individual.
(3) The name of each individual detained at Guantanamo who
was designated in the Final Report of the Guantanamo Review
Task Force as too dangerous to transfer, but had the status
revised and was subsequently transferred from United States
Naval Station, Guantanamo Bay, Cuba.
(4) The place to which each individual covered by paragraph
(3) was transferred.
(5) The current status of each individual covered by
paragraph (3).
(c) 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'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the Department
of Defense; or
(ii) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
______