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S.Amdt. 6237Senate117th Congress (2021-2023)2nd degree

S.Amdt. 6237

What it does: Adds SEC. 1035. PROHIBITION ON AVAILABILITY OF FUNDS FOR CHARTERING PRIVATE OR COMMERCIAL AIRCRAFT TO TRANSPORT INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA at the end of subtitle D of title X
Sponsored by Marco RubioSen. Marco Rubio (R-FL)
Submitted September 29, 2022

What it changes

1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text

Adds a section

  1. Adds SEC. 1035. PROHIBITION ON AVAILABILITY OF FUNDS FOR CHARTERING PRIVATE OR COMMERCIAL AIRCRAFT TO TRANSPORT INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA at the end of subtitle D of title X

    Adds a section

    In S.Amdt. 5499 as proposed

    Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended by section 1035 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is further amended by striking "2022" and inserting "2023".

    Inserted: SEC. 1035. PROHIBITION ON AVAILABILITY OF FUNDS FOR CHARTERING PRIVATE OR COMMERCIAL AIRCRAFT TO TRANSPORT INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

    Inserted: (a) In General.--None of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Department of Defense or any element of the intelligence community may be obligated or expended to charter any private or commercial aircraft to transport an individual who is or was an individual detained at Guantanamo.

    Inserted: (b) Definitions.--

    Inserted: (1) Individual detained at guantanamo.--The term "individual detained at Guantanamo" has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 971; 10 U.S.C. 801 note).

    Inserted: (2) Intelligence community.--The term "intelligence community" has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

    Inserted: SEC. 1036. CERTIFICATION TO CONGRESS FOR CERTAIN TRANSFERS OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

    Inserted: (a) In General.--None of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Department of Defense or any element of the intelligence community may be obligated or expended to transfer any individual detained at Guantanamo until--

    Inserted: (1) the individual to be transferred has attested publicly, in writing, to the Secretary of Defense that the individual will not engage in terrorism against the United States, United States interests, or United States citizens abroad; and

    Inserted: (2) the Secretary of Defense and the Director of National Intelligence each certify in writing to the appropriate committees of Congress that the record of the individual, including the attestation required under paragraph (1), supports that the individual will not engage in terrorism against the United States, United States interests, or United States citizens abroad.

    Inserted: (b) Definitions.--In this section:

    Inserted: (1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--

    Inserted: (A) the Committee on Armed Services of the Senate;

    Show 5 more inserted paragraphs

    Inserted: (B) the Select Committee on Intelligence of the Senate;

    Inserted: (C) the Committee on Armed Services of the House of Representatives; and

    Inserted: (D) the Permanent Select Committee on Intelligence of the House of Representatives.

    Inserted: (2) Individual detained at guantanamo.--The term "individual detained at Guantanamo" has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 971; 10 U.S.C. 801 note).

    Inserted: (3) Intelligence community.--The term "intelligence community" has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

    Original wording

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

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 6237. Mr. INHOFE (for Mr. Rubio) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1035. PROHIBITION ON AVAILABILITY OF FUNDS FOR CHARTERING PRIVATE OR COMMERCIAL AIRCRAFT TO TRANSPORT INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) In General.--None of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Department of Defense or any element of the intelligence community may be obligated or expended to charter any private or commercial aircraft to transport an individual who is or was an individual detained at Guantanamo.

(b) Definitions.--

(1) Individual detained at guantanamo.--The term “individual detained at Guantanamo” has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 971; 10 U.S.C. 801 note).

(2) Intelligence community.--The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

SEC. 1036. CERTIFICATION TO CONGRESS FOR CERTAIN TRANSFERS OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) In General.--None of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Department of Defense or any element of the intelligence community may be obligated or expended to transfer any individual detained at Guantanamo until--

(1) the individual to be transferred has attested publicly, in writing, to the Secretary of Defense that the individual will not engage in terrorism against the United States, United States interests, or United States citizens abroad; and

(2) the Secretary of Defense and the Director of National Intelligence each certify in writing to the appropriate committees of Congress that the record of the individual, including the attestation required under paragraph (1), supports that the individual will not engage in terrorism against the United States, United States interests, or United States citizens abroad.

(b) Definitions.--In this section:

(1) Appropriate committees of congress.--The term “appropriate committees of Congress” means--

(A) the Committee on Armed Services of the Senate;

(B) the Select Committee on Intelligence of the Senate;

(C) the Committee on Armed Services of the House of Representatives; and

(D) the Permanent Select Committee on Intelligence of the House of Representatives.

(2) Individual detained at guantanamo.--The term “individual detained at Guantanamo” has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 971; 10 U.S.C. 801 note).

(3) Intelligence community.--The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

Congressional RecordPDF

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Senate amendment submitted

September 29, 2022