Sec. 1035. Authority to transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States temporarily for emergency or critical medical treatment
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Notwithstanding section 1032 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ), as amended by section 1031 of this Act, or any similar provision of law enacted after September 30, 2015, the Secretary of Defense may, after consultation with the Secretary of Homeland Security, temporarily transfer an individual detained at Guantanamo to a Department of Defense medical facility in the United States for the sole purpose of providing the individual medical treatment if the Secretary of Defense determines that— the medical treatment of the individual is necessary to prevent death or imminent significant injury or harm to the health of the individual; the necessary medical treatment is not available to be provided at United States Naval Station, Guantanamo Bay, Cuba, without incurring excessive and unreasonable costs; and the Department of Defense has provided for appropriate security measures for the custody and control of the individual during any period in which the individual is temporarily in the United States under this section.
The authority of the Secretary of Defense under subsection
(a)may be exercised only by the Secretary of Defense or another official of the Department of Defense at the level of Under Secretary of Defense or higher. An individual who is temporarily transferred under the authority in subsection
(a)shall— while in the United States, remain in the custody and control of the Secretary of Defense at all times; and be returned to United States Naval Station, Guantanamo Bay, Cuba, as soon as feasible after a Department of Defense physician determines, in consultation with the Commander, Joint Task Force-Guantanamo Bay, Cuba, that any necessary follow-up medical care may reasonably be provided the individual at United States Naval Station, Guantanamo Bay. An individual who is temporarily transferred under the authority in subsection (a), while in the United States— shall be deemed at all times and in all respects to be in the uninterrupted custody of the Secretary of Defense, as though the individual remained physically at United States Naval Station, Guantanamo Bay, Cuba; 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; shall not be permitted to avail himself of any right, privilege, or benefit of any law of the United States beyond those available to individuals detained at United States Naval Station, Guantanamo Bay; and shall not, as a result of such transfer, have a change in any designation that may have attached to that detainee while detained at United States Naval Station, Guantanamo Bay, pursuant to the Authorization for Use of Military Force ( Public Law 107–40 ), as determined in accordance with applicable law and regulations. Any decision to transfer or not to transfer an individual made under the authority in subsection
(a)shall not give rise to any claim or cause of action. Except as provided in paragraph (2), no court, justice, or judge shall have jurisdiction to hear or consider any claim or action against the United States or its departments, agencies, officers, employees, or agents arising from or relating to any aspect of the detention, transfer, treatment, or conditions of confinement of an individual transferred under this section. The United States District Court for the District of Columbia shall have exclusive jurisdiction to consider an application for writ of habeas corpus seeking release from custody filed by or on behalf of an individual who is in the United States pursuant to a temporary transfer under the authority in subsection (a). Such jurisdiction shall be limited to that required by the Constitution, and relief shall be only as provided in paragraph (3). In such a proceeding the court may not review, halt, or stay the return of the individual who is the object of the application to United States Naval Station, Guantanamo Bay, Cuba, pursuant to subsection (c). A court order in a proceeding covered by paragraph (2)— may not order the release of the individual within the United States; and shall be limited to an order of release from custody which, when final, the Secretary of Defense shall implement in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 801 note). Whenever a temporary transfer of an individual detained at Guantanamo is made under the authority of subsection (a), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of the transfer not later than five days after the date on which the transfer is made. 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— 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 is— in the custody or under the control of the Department of Defense; or otherwise detained at United States Naval Station, Guantanamo Bay. This section shall apply to an individual temporarily transferred under the authority in subsection
(a)regardless of the status of any pending or completed proceeding or detention on the date of the enactment of this Act.
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- Pub. L. 107-40
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Sec. 1035
Authority to transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States temporarily for emergency or critical medical treatment
Pub. L.Pub. L. 107-40
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