,,ii  #aadth ,,congress  #ast ,session  
,s4 #afe  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #ac1 #bjae 
,ms4 ,ayotte 7for herself1 ,mr4 ,graham1
 ,mr4 ,burr1 and ,mr4 ,mc,cain7         
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,armed ,services  ,a      
,,bill  ,to extend and enhance          
prohibitions and limitations with       
respect to the transfer or release of   
individuals detained at ,united ,states 
,naval ,station1 ,guantanamo ,bay1      
,cuba1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,detaining ,terrorists to ,protect  
,america ,act of #bjae4  #b4            
,prohibition on use of funds to         
construct or modify facilities in the   
,united ,states to house detainees      
transferred from ,united ,states ,naval 
,station1 ,guantanamo ,bay1 ,cuba  7a7  
,prohibition ,no amounts appropriated or
 otherwise available for any department 
or agency of the ,united ,states        

,government may be used1 during the     
period beginning on the date of the     
enactment of this ,act and ending on the
 date that is two years after the date  
of the enactment of this ,act1 to       
construct or modify any facility in the 
,united ,states1 its territories1 or    
possessions to house an individual      
detained at ,guantanamo for the purpose 
of detention or imprisonment in the     
custody or control of the ,united       
,states ,government unless authorized by
 ,congress4  7b7 ,exception ,the        
prohibition in subsection 7a7 shall not 
apply to any modification of facilities 
at ,united ,states ,naval ,station1     
,guantanamo ,bay1 ,cuba4  7c7           
,individual detained at ,guantanamo     
defined ,in this section1 the term      
individual detained at ,guantanamo means
 any individual located at ,united      
,states ,naval ,station1 ,guantanamo    
,bay1 ,cuba1 as of ,october #a1 #bjji1  
who-- 7#a7 is not a citizen of the      
,united ,states or a member of the      

,armed ,forces of the ,united ,states2  
and  7#b7 is-- 7,a7 in the custody or   
under the control of the ,department of 
,defense2 or  7,b7 otherwise under      
detention at ,united ,states ,naval     
,station1 ,guantanamo ,bay1 ,cuba4  7d7 
,repeal of superseded prohibition       
,section #ajcc of the ,national ,defense
 ,authorization ,act for ,fiscal ,year  
#bjad 7,public ,law #aac-ff2 #abg ,stat4
 #hej71 as amended by section #ajcb of  
the ,carl ,levin and ,howard ,p4 ,buck  
,mc,keon ,national ,defense             
,authorization ,act for ,fiscal ,year   
#bjae 7,public ,law #aac-bia71 is       
repealed4  #c4 ,prohibition on use of   
funds for transfer or release to the    
,united ,states of individuals detained 
at ,united ,states ,naval ,station1     
,guantanamo ,bay1 ,cuba  7a7            
,prohibition ,no amounts appropriated or
 otherwise available for any department 
or agency of the ,united ,states        
,government may be used1 during the     
period beginning on the date of the     

enactment of this ,act and ending on the
 date that is two years after the date  
of the enactment of this ,act1 to       
transfer1 release1 or assist in the     
transfer or release to or within the    
,united ,states1 its territories1 or    
possessions of ,khalid ,sheikh ,mohammed
 or any other detainee who-- 7#a7 is not
 a ,united ,states citizen or a member  
of the ,armed ,forces of the ,united    
,states2 and  7#b7 was held on ,january 
#bj1 #bjji1 at ,united ,states ,naval   
,station1 ,guantanamo ,bay1 ,cuba1 by   
the ,department of ,defense4  7b7       
,repeal of superseded prohibition       
,section #ajcd of the ,national ,defense
 ,authorization ,act for ,fiscal ,year  
#bjad 7,public ,law #aac-ff2 #abg ,stat4
 #hea71 as amended by section #ajcc of  
the ,carl ,levin and ,howard ,p4 ,buck  
,mc,keon ,national ,defense             
,authorization ,act for ,fiscal ,year   
#bjae 7,public ,law #aac-bia71 is       
repealed4  #d4 ,prohibition on use of   
funds for transfer or release abroad of 

individuals detained at ,united ,states 
,naval ,station1 ,guantanamo ,bay1      
,cuba1 determined or assessed to be     
high-risk or medium-risk threats  7a7   
,prohibition  7#a7 ,in general          
,notwithstanding any other provision of 
law1 no amounts appropriated or         
otherwise available for any department  
or agency of the ,united ,states        
,government may be used1 during the     
period beginning on the date of the     
enactment of this ,act and ending on the
 date that is two years after the date  
of the enactment of this ,act1 to       
transfer1 release1 or assist in the     
transfer or release of any individual   
described in paragraph 7#b7 to the      
custody or control of the individual's  
country of origin1 any other foreign    
country1 or any other foreign entity4   
7#b7 ,covered individuals ,an individual
 described in this paragraph is any     
individual detained in the custody or   
under the control of the ,department of 
,defense at ,united ,states ,naval      

,station1 ,guantanamo ,bay1 ,cuba1 who  
is currently or ever has been determined
 or assessed by ,joint ,task ,force     
,guantanamo to be a high-risk or        
medium-risk threat to the ,united       
,states1 its interests1 or its allies4  
7b7 ,exception ,subsection 7a7 shall not
 apply to any action taken by the head  
of a department or agency of the ,united
 ,states ,government to transfer1       
release1 or assist in the transfer or   
release of any individual described in  
that subsection to effectuate an order  
affecting the disposition of the        
individual that is issued by a court or 
competent tribunal of the ,united       
,states having lawful jurisdiction      
7which the ,secretary shall notify the  
appropriate committees of ,congress     
promptly after issuance74  7c7          
,appropriate committees of ,congress    
defined ,in this section1 the term      
appropriate committees of ,congress     
means-- 7#a7 the ,committee on ,armed   
,services1 the ,committee on            

,appropriations1 and the ,select        
,committee on ,intelligence of the      
,senate2 and  7#b7 the ,committee on    
,armed ,services1 the ,committee on     
,appropriations1 and the ,permanent     
,select ,committee on ,intelligence of  
the ,house of ,representatives4  #e4    
,prohibition on use of funds for        
transfer or release to ,yemen of        
individuals detained at ,united ,states 
,naval ,station1 ,guantanamo ,bay1 ,cuba
 ,notwithstanding any other provision of
 law1 no amounts appropriated or        
otherwise available for any department  
or agency of the ,united ,states        
,government may be used1 during the     
period beginning on the date of the     
enactment of this ,act and ending on the
 date that is two years after the date  
of the enactment of this ,act1 to       
transfer1 release1 or assist in the     
transfer or release of any individual   
detained in the custody or under the    
control of the ,department of ,defense  
at ,united ,states ,naval ,station1     

,guantanamo ,bay1 ,cuba1 to the custody 
or control of the ,republic of ,yemen or
 any entity within ,yemen4  #f4         
,reenactment and modification of certain
 prior requirements for certifications  
relating to transfer of detainees at    
,united ,states ,naval ,station1        
,guantanamo ,bay1 ,cuba1 to foreign     
countries and other foreign entities    
7a7 ,certification required prior to    
transfer  7#a7 ,in general ,except as   
provided in paragraph 7#c7 and          
subsection 7d71 the ,secretary of       
,defense may not use any amounts        
authorized to be appropriated or        
otherwise available to the ,department  
of ,defense to transfer any individual  
detained at ,guantanamo to the custody  
or control of the individual's country  
of origin1 any other foreign country1 or
 any other foreign entity unless the    
,secretary submits to the appropriate   
committees of ,congress the             
certification described in subsection   
7b7 not later than #cj days before the  

transfer of the individual4  7#b7 ,scope
 of requirement ,the requirement in     
paragraph 7#a7 applies to any authorized
 transfer or release of an individual   
described in that paragraph after the   
date of the enactment of this ,act1     
including a transfer or release of such 
an individual who is also described in  
paragraph 7#b7 of section #d7;a7 after  
the prohibition in section #d7;a7 ceases
 to be in effect4  7#c7 ,exception      
,paragraph 7#a7 shall not apply to any  
action taken by the ,secretary to       
transfer any individual detained at     
,guantanamo to effectuate an order      
affecting the disposition of the        
individual that is issued by a court or 
competent tribunal of the ,united       
,states having lawful jurisdiction      
7which the ,secretary shall notify the  
appropriate committees of ,congress of  
promptly after issuance74  7b7          
,certification ,a certification         
described in this subsection is a       
written certification made by the       

,secretary of ,defense1 with the        
concurrence of the ,secretary of ,state 
and in consultation with the ,director  
of ,national ,intelligence1 that-- 7#a7 
the government of the foreign country or
 the recognized leadership of the       
foreign entity to which the individual  
detained at ,guantanamo is to be        
transferred-- 7,a7 is not a designated  
state sponsor of terrorism or a         
designated foreign terrorist            
organization2  7,b7 maintains control   
over each detention facility in which   
the individual is to be detained if the 
individual is to be housed in a         
detention facility2  7,c7 is not1 as of 
the date of the certification1 facing a 
threat that is likely to substantially  
affect its ability to exercise control  
over the individual2  7,d7 has taken or 
agreed to take effective actions to     
ensure that the individual cannot take  
action to threaten the ,united ,states1 
its citizens1 or its allies in the      
future2  7,e7 has taken or agreed to    

take such actions as the ,secretary of  
,defense determines are necessary to    
ensure that the individual cannot engage
 or reengage in any terrorist activity2 
and  7,f7 has agreed to share with the  
,united ,states any information that--  
7i7 is related to the individual or any 
associates of the individual2 and  7ii7 
could affect the security of the ,united
 ,states1 its citizens1 or its allies2  
and  7#b7 includes an assessment1 in    
classified or unclassified form1 of the 
capacity1 willingness1 and past         
practices 7if applicable7 of the foreign
 country or entity in relation to the   
,secretary's certifications4  7c7       
,prohibition in cases of prior confirmed
 recidivism  7#a7 ,prohibition ,except  
as provided in paragraph 7#b7 and       
subsection 7d71 the ,secretary of       
,defense may not use any amounts        
authorized to be appropriated or        
otherwise made available to the         
,department of ,defense to transfer any 
individual detained at ,guantanamo to   

the custody or control of the           
individual's country of origin1 any     
other foreign country1 or any other     
foreign entity if there is a confirmed  
case of any individual who was detained 
at ,united ,states ,naval ,station1     
,guantanamo ,bay1 ,cuba1 at any time    
after ,september #aa1 #bjja1 who was    
transferred to such foreign country or  
entity and subsequently engaged in any  
terrorist activity4  7#b7 ,exception    
,subject to subsection 7e71 paragraph   
7#a7 shall not apply to any action taken
 by the ,secretary to transfer any      
individual detained at ,guantanamo to   
effectuate an order affecting the       
disposition of the individual that is   
issued by a court or competent tribunal 
of the ,united ,states having lawful    
jurisdiction 7which the ,secretary shall
 notify the appropriate committees of   
,congress of promptly after issuance74  
7d7 ,national security waiver  7#a7 ,in 
general ,subject to subsection 7e71 the 
,secretary of ,defense may waive the    

applicability to a detainee transfer of 
a certification requirement specified in
 subparagraph 7,d7 or 7,e7 of subsection
 7b77#a7 or the prohibition in          
subsection 7c71 if the ,secretary       
certifies the rest of the criteria      
required by subsection 7b7 for transfers
 prohibited by subsection 7c7 and1 with 
the concurrence of the ,secretary of    
,state and in consultation with the     
,director of ,national ,intelligence1   
determines that-- 7,a7 alternative      
actions will be taken to address the    
underlying purpose of the requirement or
 requirements to be waived2  7,b7 in the
 case of a waiver of subparagraph 7,d7  
or 7,e7 of subsection 7b77#a71 it is not
 possible to certify that the risks     
addressed in the paragraph to be waived 
have been completely eliminated1 but the
 actions to be taken under subparagraph 
7,a7 will substantially mitigate such   
risks with regard to the individual to  
be transferred2  7,c7 in the case of a  
waiver of subsection 7c71 the ,secretary

 has considered any confirmed case in   
which an individual who was transferred 
to the country subsequently engaged in  
terrorist activity1 and the actions to  
be taken under subparagraph 7,a7 will   
substantially mitigate the risk of      
recidivism with regard to the individual
 to be transferred2 and  7,d7 the       
transfer is in the national security    
interests of the ,united ,states4  7#b7 
,reports ,whenever the ,secretary makes 
a determination under paragraph 7#a71   
the ,secretary shall submit to the      
appropriate committees of ,congress1 not
 later than #cj days before the transfer
 of the individual concerned1 the       
following3 7,a7 ,a copy of the          
determination and the waiver concerned4 
7,b7 ,a statement of the basis for the  
determination1 including-- 7i7 an       
explanation why the transfer is in the  
national security interests of the      
,united ,states2  7ii7 in the case of a 
waiver of paragraph 7,d7 or 7,e7 of     
subsection 7b77#a71 an explanation why  

it is not possible to certify that the  
risks addressed in the paragraph to be  
waived have been completely eliminated2 
and  7iii7 a classified summary of--    
7,i7 the individual's record of         
cooperation while in the custody of or  
under the effective control of the      
,department of ,defense2 and  7,,ii7 the
 agreements and mechanisms in place to  
provide for continuing cooperation4     
7,c7 ,a summary of the alternative      
actions to be taken to address the      
underlying purpose of1 and to mitigate  
the risks addressed in1 the paragraph or
 subsection to be waived4  7,d7 ,the    
assessment required by subsection       
7b77#b74  7e7 ,coordination with        
prohibition on transfer to ,yemen ,while
 the prohibition in section #e is in    
effect1 the exception in subsection     
7c77#b7 and the waiver authority in     
subsection 7d7 shall not apply to       
authorize the transfer of an individual 
detained at ,guantanamo to ,yemen4  7f7 
,record of cooperation ,in assessing the

 risk that an individual detained at    
,guantanamo will engage in terrorist    
activity or other actions that could    
affect the security of the ,united      
,states if released for the purpose of  
making a certification under subsection 
7b7 or a waiver under subsection 7d71   
the ,secretary of ,defense may give     
favorable consideration to any such     
individual-- 7#a7 who has substantially 
cooperated with ,united ,states         
intelligence and law enforcement        
authorities1 pursuant to a pre-trial    
agreement1 while in the custody of or   
under the effective control of the      
,department of ,defense2 and  7#b7 for  
whom agreements and effective mechanisms
 are in place1 to the extent relevant   
and necessary1 to provide for continued 
cooperation with ,united ,states        
intelligence and law enforcement        
authorities4  7g7 ,definitions ,in this 
section3 7#a7 ,the term appropriate     
committees of ,congress means-- 7,a7 the
 ,committee on ,armed ,services1 the    

,committee on ,appropriations1 and the  
,select ,committee on ,intelligence of  
the ,senate2 and  7,b7 the ,committee on
 ,armed ,services1 the ,committee on    
,appropriations1 and the ,permanent     
,select ,committee on ,intelligence of  
the ,house of ,representatives4  7#b7   
,the term individual detained at        
,guantanamo means any individual located
 at ,united ,states ,naval ,station1    
,guantanamo ,bay1 ,cuba1 as of ,october 
#a1 #bjji1 who-- 7,a7 is not a citizen  
of the ,united ,states or a member of   
the ,armed ,forces of the ,united       
,states2 and  7,b7 is-- 7i7 in the      
custody or under the control of the     
,department of ,defense2 or  7ii7       
otherwise under detention at ,united    
,states ,naval ,station1 ,guantanamo    
,bay1 ,cuba4  7#c7 ,the term foreign    
terrorist organization means any        
organization so designated by the       
,secretary of ,state under section #bai 
of the ,immigration and ,nationality    
,act 7#h ,u4,s4,c4 #aahi74  7h7 ,repeal 

of superseded requirements and          
limitations ,section #ajce of the       
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjad 7,public ,law   
#aac-ff2 #abg ,stat4 #hea2 #aj ,u4,s4,c4
 #hja note7 is repealed4  #g4 ,report on
 current detainees at ,united ,states   
,naval ,station1 ,guantanamo ,bay1      
,cuba1 determined or assessed to be     
high-risk or medium risk  7a7 ,report   
required ,not later than #fj days after 
the date of the enactment of this ,act1 
the ,secretary of ,defense shall submit 
to the appropriate committees of        
,congress a report1 in unclassified     
form1 setting forth a list of the       
individuals detained at ,guantanamo as  
of the date of the enactment of this    
,act who have been determined or        
assessed by ,joint ,task ,force         
,guantanamo1 at any time before the date
 of the report1 to be a high-risk or    
medium-risk threat to the ,united       
,states1 its interests1 or its allies4  
7b7 ,elements ,the report under         

subsection 7a7 shall set forth1 for each
 individual covered by the report1 the  
following3 7#a7 ,the name and country of
 origin4  7#b7 ,the date on which first 
designated or assessed as a high-risk or
 medium-risk threat to the ,united      
,states1 its interests1 or its allies4  
7#c7 ,whether1 as of the date of the    
report1 currently designated or assessed
 as a high-risk or medium-risk threat to
 the ,united ,states1 its interests1 or 
its allies4  7#d7 ,if the designation or
 assessment changed between the date    
specified pursuant to paragraph 7#b7 and
 the date of the report1 the year and   
month in which the designation or       
assessment changed and the designation  
or assessment to which changed4  7#e7   
,to the extent practicable1 without     
jeopardizing intelligence sources and   
methods-- 7,a7 prior actions in support 
of terrorism1 hostile actions against   
the ,united ,states or its allies1 gross
 violations of human rights1 and other  
violations of international law2 and    

7,b7 any affiliations with al ,qaeda1 al
 ,qaeda affiliates1 or other terrorist  
groups4  7c7 ,definitions ,in this      
section3 7#a7 ,the term appropriate     
committees of ,congress means-- 7,a7 the
 ,committee on ,armed ,services1 the    
,committee on ,appropriations1 and the  
,select ,committee on ,intelligence of  
the ,senate2 and  7,b7 the ,committee on
 ,armed ,services1 the ,committee on    
,appropriations1 and the ,permanent     
,select ,committee on ,intelligence of  
the ,house of ,representatives4  7#b7   
,the term individual detained at        
,guantanamo means any individual located
 at ,united ,states ,naval ,station1    
,guantanamo ,bay1 ,cuba1 as of ,october 
#a1 #bjji1 who-- 7,a7 is not a citizen  
of the ,united ,states or a member of   
the ,armed ,forces of the ,united       
,states2 and  7,b7 is-- 7i7 in the      
custody or under the control of the     
,department of ,defense2 or  7ii7       
otherwise under detention at ,united    
,states ,naval ,station1 ,guantanamo    

,bay1 ,cuba4