Sec. 1032. Limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba

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Except as provided in subsection (b), no amounts authorized to be appropriated by this Act or otherwise available for the Department of Defense may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who— is not a United States citizen or a member of the Armed Forces of the United States; and is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. The Secretary of Defense may transfer a detainee described in subsection

(a)to the United States for detention pursuant to the Authorization for Use of Military Force ( Public Law 107–40 ), trial, and incarceration if the Secretary— determines that the transfer is in the national security interest of the United States; determines that appropriate actions have been taken, or will be taken, to address any risk to public safety that could arise in connection with detention and trial in the United States; and notifies the appropriate committees of Congress not later than 30 days before the date of the proposed transfer. A notification on a transfer under subsection (b)(3) shall include the following: A statement of the basis for the determination that the transfer is in the national security interest of the United States. A description of the action the Secretary determines have been taken, or will be taken, to address any risk to the public safety that could arise in connection with the detention and trial in the United States. A detainee who is transferred to the United States under this section— shall not be permitted to apply for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) or be eligible to apply for admission into the United States; shall be considered to be paroled into the United States temporarily pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) ); shall not at any time be subject to, and may not apply for or obtain, or be deemed to enjoy, any right, privilege, status, benefit, or eligibility for any benefit under any provision of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ), or any other law or regulation; and shall not, as a result of such transfer, have a change in designation as an unprivileged enemy belligerent eligible for detention pursuant to the Authorization for Use of Military Force, as determined in accordance with applicable law and regulations. Except as provided for in paragraph (2), no court, justice, or judge shall have jurisdiction to hear or consider any action against the United States or its agents relating to any aspect of the detention, transfer, treatment, or conditions of confinement of a detainee described in subsection

(a)who is held by the Armed Forces of the United States. A detainee who is transferred to the United States under this section shall not be deprived of the right to challenge his designation as an unprivileged enemy belligerent by filing a writ of habeas corpus as provided by the Supreme Court in Hamdan v. Rumsfeld (548 U.S. 557 (2006)) and Boumediene v. Bush (553 U.S. 723 (2008)). A decision not to transfer a detainee to the United States under this section shall not give rise to a judicial cause of action. Subsections (b), (c), (d), and

(e)shall take effect on the effective date of a joint resolution approved pursuant to subsection

(h)on the plan on the disposition of detainees held at United States Naval Station, Guantanamo Bay, Cuba, submitted pursuant to subsection (g). The Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth a comprehensive plan on the disposition of detainees held at United States Naval Station, Guantanamo Bay, Cuba. The report required by paragraph

(1)shall contain the following: A case-by-case determination made for each individual detained at Guantanamo of whether such individual is intended to be transferred to a foreign country, transferred to the United States for the purpose of civilian or military trial, or transferred to the United States or another country for continued detention under the law of armed conflict. The specific facility or facilities that are intended to be used, or modified to be used, to hold individuals inside the United States for the purpose of trial, for detention in the aftermath of conviction, or for continued detention under the law of armed conflict. The estimated costs associated with the detention inside the United States of individuals detained at Guantanamo. A description of the legal implications associated with the detention inside the United States of an individual detained at Guantanamo, including but not limited to the right to challenge such detention as unlawful. A detailed description and assessment, made in consultation with the Secretary of State and the Director of National Intelligence, of the actions that would be taken prior to the transfer to a foreign country of an individual detained at Guantanamo that would substantially mitigate the risk of such individual engaging or reengaging in any terrorist or other hostile activity that threatens the United States or United States person or interests. What additional authorities, if any, may be necessary to detain an individual detained at Guantanamo inside the United States as an unprivileged enemy belligerent pursuant to the Authorization for Use of Military Force, pending the end of hostilities or a future determination by the Secretary of Defense that such individual no longer poses a threat to the United States or United States persons or interests. A plan for the disposition of any individuals who are detained by the United States under the law of armed conflict after the date of the report, including a plan to detain and interrogate such individuals for the purposes of— protecting the security of the United States, its persons, allies, and interests; and collecting intelligence necessary to ensure the security of the United States, its person, allies, and interests. The report required by paragraph

(1)shall be submitted in unclassified form, but may include a classified annex. For purposes of this section the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the Secretary of Defense submits to Congress a report under subsection

(g)and— which does not have a preamble; the matter after the resolving clause of which is as follows: That Congress approves the plan of the Secretary of Defense on the disposition of detainees held at United States Naval Station, Guantanamo Bay, Cuba, under section 1032(g) of the National Defense Authorization Act for Fiscal Year 2016 as submitted by the Secretary of Defense to Congress on ______ , the blank space being filled in with the appropriate date; and the title of which is as follows: Joint resolution approving the plan of the Secretary of Defense on the disposition of detainees held at United States Naval Station, Guantanamo Bay, Cuba. . A resolution described in paragraph

(1)that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in paragraph

(1)introduced in the Senate shall be referred to the Committee on Armed Services of the Senate. If the committee to which a resolution described in paragraph

(1)is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the Secretary submits to Congress a report under subsection (g), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under paragraph (3)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. Immediately following the conclusion of the debate on a resolution described in paragraph

(1)and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph

(1)shall be decided without debate. If, before the passage by one House of a resolution of that House described in paragraph (1), that House receives from the other House a resolution described in paragraph (1), then the following procedures shall apply: The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in clause (ii)(II). With respect to a resolution described in paragraph

(1)of the House receiving the resolution— the procedure in that House shall be the same as if no resolution had been received from the other House; but the vote on final passage shall be on the resolution of the other House. Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. This subsection is enacted by Congress— as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. Notwithstanding any other provision of law and subject to paragraph (2), any individual detained at Guantanamo who is transferred to the United States after the date of the enactment of this Act shall not be released within the United States or its territories, and may only be transferred or released in accordance with the procedures under section 1033. Effective on the effective date specified in subsection (f)— the provisions of section 1035 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 851; 10 U.S.C. 801 note), as previously repealed by section 1033, shall be revived; the procedures under such section 1035, as so revived, shall apply to the transfer of individuals detained at Guantanamo to foreign countries rather than the procedures under section1033; and in the application of procedures under such section 1035 as described in subparagraph (B), any reference to an individual detained at Guantanamo shall be deemed to refer also to any such individual transferred to the United States after such effective date. Section 1034 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 851), as amended by section 1033 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ), is repealed. In this section: The term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. The term individual detained at Guantanamo means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who— is not a citizen of the United States or a member of the Armed Forces of the United States; and is— in the custody or under the control of the Department of Defense; or otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

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