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S. 4491Senate117th Congress (2021-2023)In Committee

Preventing Terrorist Transfers to Afghanistan Act

Sponsored by Marco RubioSen. Marco Rubio (R-FL)
Introduced June 23, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:19 PM UTC

The Preventing Terrorist Transfers to Afghanistan Act bars the use of federal funds to move or release detainees held at Guantanamo Bay to Afghanistan. It amends the National Defense Authorization Acts of 2019 and 2022 to add Afghanistan to the list of prohibited transfer destinations. The change applies to any agency handling detainee transfers and takes effect as of December 27, 2021.

Key Provisions

  • Adds a new prohibited transfer destination, "Afghanistan," to the list in Section 1035 of the 2019 National Defense Authorization Act as amended by the 2022 NDAA.
  • Renumbers the existing prohibited‑transfer paragraphs, shifting the original items from (1)‑(4) to (2)‑(5).
  • Prohibits the use of any federal funds for transferring or releasing Guantanamo detainees to Afghanistan.
  • Specifies that the amendment is effective retroactively to December 27, 2021.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

June 23, 2022

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SenateIntro Referral

Introduced in Senate

June 23, 2022

SenateIntro Referral

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

June 23, 2022

Bill Text

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Introduced in SenateIssued June 23, 2022

II

117th CONGRESS

2d Session

S. 4491

IN THE SENATE OF THE UNITED STATES

June 23, 2022

Mr. Rubio (for himself, Mr. Warner, Mr. McConnell, Mr. Inhofe, Mr. Risch, Mr. Grassley, and Mr. Shelby) introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To prohibit the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to Afghanistan.

1.

Short title

This Act may be cited as the Preventing Terrorist Transfers to Afghanistan Act.

2.

Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to Afghanistan

(a)

In general

Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1954), as most recently amended by section 1032 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1901), is further amended—

(1)

by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and

(2)

by inserting before paragraph (2), as so redesignated, the following new paragraph:

(1)

Afghanistan.

.

(b)

Effective date

The amendments made by this section shall take effect as if enacted on December 27, 2021.