,,ii ,calendar ,no4 #bj #aadth ,,congress #ast ,session ,s4 #afe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ac1 #bjae,ms4 ,ayotte 7for herself1 ,mr4 ,graham1 ,mr4 ,burr1 ,mr4 ,mc,cain1 ,mr4 ,barrasso1 ,mr4 ,kirk1 ,mrs4 ,fischer1 ,mr4 ,moran1 ,mr4 ,roberts1 ,mr4 ,inhofe1 ,mr4 ,johnson1 ,mr4 ,cruz1 ,mr4 ,blunt1 ,mr4 ,toomey1 ,mr4 ,sessions1 ,mr4 ,hatch1 ,mrs4 ,ernst1 ,mr4 ,tillis1 ,mr4 ,isakson1 ,mr4 ,wicker1 ,mr4 ,lankford1 ,mr4 ,cornyn1 ,mr4 ,cotton1 ,mr4 ,lee1 ,mr4 ,rounds1 ,mr4 ,sullivan1 and ,mr4 ,boozman7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,february #bc1 #bjae,reported by ,mr4 ,mc,cain1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,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 #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 ,authority to temporarily transfer individuals detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 to the ,united ,states for emergency or critical medical treatment 7a7 ,transfer for emergency or critical medical treatment authorized ,notwithstanding any other provision of this ,act1 or any other provision of law enacted after ,september #cj1 #bjac1 but subject to subsection 7b71 the ,secretary of ,defense may temporarily transfer any 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 determines that-- 7#a7 the ,senior ,medical ,officer1 ,joint ,task ,force-,guantanamo ,bay1 ,cuba1 has determined that the medical treatment is necessary to prevent death or imminent significant injury or harm to the health of the individual2 7#b7 based on the recommendation of the ,senior ,medical ,officer1 ,joint ,task ,force-,guantanamo ,bay1 ,cuba1 the medical treatment is not available to be provided at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 without incurring excessive and unreasonable costs2 and 7#c7 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 subsection4 7b7 ,notice to ,congress required before transfer 7#a7 ,in general ,in addition to the requirements in subsection 7a71 an individual may not be temporarily transferred under the authority in that subsection unless the ,secretary of ,defense submits to the appropriate committees of ,congress the notice described in paragraph 7#b7-- 7,a7 not later than #cj days before the date of the proposed transfer2 or 7,b7 if notice cannot be provided in accordance with subparagraph 7,a7 because of an especially immediate need for the provision of medical treatment to prevent death or imminent significant injury or harm to the health of the individual1 as soon as is practicable1 but not later than #e days after the date of transfer4 7#b7 ,notice elements ,the notice on the transfer of an individual under this subsection shall include the following3 7,a7 ,a statement of the basis for the determination that the transfer is necessary to prevent death or imminent significant injury or harm to the health of the individual4 7,b7 ,the specific ,department of ,defense medical facility that will provide medical treatment to the individual4 7,c7 ,a description of the actions the ,secretary determines have been taken1 or will be taken1 to address any risk to the public safety that could arise in connection with the provision of medical treatment to the individual in the ,united ,states4 7c7 ,limitation on exercise of authority ,the authority of the ,secretary of ,defense under subsection 7a7 may be exercised only by the ,secretary of ,defense or by another official of the ,department of ,defense at the level of ,under ,secretary of ,defense or higher4 7d7 ,conditions of transfer ,an individual who is temporarily transferred under the authority in subsection 7a7 shall-- 7#a7 while in the ,united ,states1 remain in the custody and control of the ,secretary of ,defense at all times2 and 7#b7 be returned to ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 as soon as feasible after a ,department of ,defense physician determines that-- 7,a7 the individual is medically cleared to travel2 and 7,b7 in consultation with the ,commander1 ,joint ,task ,force-,guantanamo ,bay1 ,cuba1 any necessary follow-up medical care may reasonably be provided the individual at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba4 7e7 ,status while in ,united ,states ,an individual who is temporarily transferred under the authority in subsection 7a71 while in the ,united ,states-- 7#a7 shall be deemed at all times and in all respects to be in the uninterrupted custody of the ,secretary of ,defense1 as though the individual remained physically at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba2 7#b7 shall not at any time be subject to1 and may not apply for or obtain1 or be deemed to enjoy1 any right1 privilege1 status1 benefit1 or eligibility for any benefit under any provision of the immigration laws 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag771 or any other law or regulation2 7#c7 shall not be permitted to avail himself of any right1 privilege1 or benefit of any law of the ,united ,states beyond those available to individuals detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba2 and 7#d7 shall not1 as a result of such transfer1 have a change in any designation that may have attached to that detainee while detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 pursuant to the ,authorization for ,use of ,military ,force 7,public ,law #ajg-dj71 as determined in accordance with applicable law and regulations44 7f7 ,judicial review precluded 7#a7 ,no creation of enforceable rights ,nothing in this section is intended to create any enforceable right or benefit1 or any claim or cause of action1 by any party against the ,united ,states1 or any other person or entity4 7#b7 ,limitation on judicial review ,except as provided in paragraph 7#c71 no court1 justice1 or judge shall have jurisdiction to hear or consider any claim or action against the ,united ,states or its agents relating to any aspect of the detention1 transfer1 treatment1 or conditions of confinement of an individual transferred under this section4 7#c7 ,habeas corpus 7,a7 ,jurisdiction ,the ,united ,states ,district ,court for the ,district of ,columbia shall have exclusive jurisdiction to consider an application for writ of habeas corpus challenging the fact or duration of detention and seeking release from custody filed by or on behalf of an individual who is in the ,united ,states pursuant to a temporary transfer under subsection 7a74 ,such jurisdiction shall be limited to that required by the ,constitution with respect to the fact or duration of detention4 7,b7 ,scope of authority ,a court order in a proceeding covered by paragraph 7#c7 may not-- 7i7 review1 halt1 or stay the return of the individual who is the object of the application to ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 including pursuant to subsection 7d72 or 7ii7 order the release of the individual within the ,united ,states4 7g7 ,notification ,the ,secretary of ,defense shall notify the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives of any temporary transfer of an individual under the authority in subsection 7a7 not later than #e days after the transfer of the individual under that authority4 7h7 ,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 #e4 ,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 #f4 ,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 #g4 ,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 #e7;a7 after the prohibition in section #e7;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 #f 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 #h4 ,minimum requirements for operations at detention facility at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba ,the ,secretary of ,defense shall ensure that operations at the detention facility at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 are conducted in a manner consistent with each of the following3 7#a7 ,the law of armed conflict1 including ,common ,article #c of the ,geneva ,conventions4 7#b7 ,sections #adjb and #adjc of the ,detainee ,treatment ,act of #bjje 7#aj ,u4,s4,c4 #hja note2 #db ,u4,s4,c4 #bjjj;dd74 #i4 ,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 #aj4 ,semiannual reports on use of ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 and any other ,department of ,defense or ,bureau of ,prisons prison or other detention or disciplinary facility in recruitment and other propaganda of terrorist organizations 7a7 ,in general ,not later than six months after the date of the enactment of this ,act1 and every six months thereafter1 the ,secretary of ,defense shall1 in consultation with the ,director of ,national ,intelligence1 submit to ,congress a report on the use by terrorist organizations and their leaders of images and symbols relating to ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 and any other ,department of ,defense or ,bureau of ,prisons prison or other detention or disciplinary facility for recruitment and other propaganda purposes during the six-month period ending on the date of such report4 ,each report shall include the following3 7#a7 ,a description and assessment of the effectiveness of the use of such images and symbols for recruitment and other propaganda purposes4 7#b7 ,a description and assessment of the efforts of the ,united ,states ,government to counter the use of such images and symbols for such purposes and to disseminate accurate information about such facilities4 7b7 ,additional material in first report ,the first report under subsection 7a7 shall include a description of the use by terrorist organizations and their leaders of images and symbols relating to ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 and any other ,department of ,defense or ,bureau of ,prisons prison or other detention or disciplinary facility for recruitment and other propaganda purposes before the date of the enactment of this ,act4 ,february #bc1 #bjae,reported with an amendment