,,ii #aadth ,,congress #b;d ,session ,s4 #bghj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ab1 #bjaf ,mr4 ,moran 7for himself1 ,mr4 ,daines1 ,mr4 ,tillis1 ,mr4 ,blunt1 ,mr4 ,rubio1 and ,mr4 ,inhofe7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend section #ajcd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf to strengthen the certification requirements relating to the transfer or release of detainees at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba4 #a4 ,short title ,this ,act may be cited as the ,protections ,against ,terrorist ,transfer ,act of #bjaf4 #b4 ,strengthening of certification requirements relating to the transfer or release of detainees at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba 7a7 ,certification requirement generally ,subsection 7a7 of section #ajcd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #abi ,stat4 #ifi2 #aj ,u4,s4,c4 #hja note7 is amended-- 7#a7 in the subsection heading1 by striking ,prior2 and 7#b7 by striking paragraph 7#a7 and inserting the following new paragraph 7#a73 7#a7 ,in general ,except as provided in paragraph 7#b71 no amount authorized to be appropriated or otherwise made available for the ,department of ,defense or any other department1 agency1 or element of the ,united ,states ,government may be used after the date of the enactment of the ,protections ,against ,terrorist ,transfer ,act of #bjaf to transfer1 release1 or assist in the transfer or release of any individual detained at ,guantanamo to the custody or control of any foreign country or other foreign entity unless the ,secretary of ,defense certifies to the appropriate committees of ,congress that the individual no longer poses a continuing threat to the security of the ,united ,states1 its citizens1 and its interests as described in subsection 7b74 ,the certification with respect to an individual shall be submitted not later than #cj days after the date on which the ,secretary makes the determination that the individual no longer poses a continuing threat to the security of the ,united ,states1 its citizens1 and its interests4 4 7b7 ,certification elements ,subsection 7b7 of such section is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#d7 as paragraphs 7#b7 through 7#e71 respectively2 7#b7 by inserting before paragraph 7#b71 as redesignated by paragraph 7#a7 of this subsection1 the following new paragraph 7#a73 7#a7 the individual to be transferred or released no longer poses a continuing threat to the security of the ,united ,states1 its citizens1 and its interests2 2 7#c7 in paragraph 7#b71 as so redesignated1 by inserting or release after transfer2 7#d7 by inserting or released after transferred each place it appears2 and 7#e7 in subparagraph 7,b7 of paragraph 7#d71 as so redesignated1 by striking paragraph 7#b77;,c7 and inserting paragraph 7#c77;,c74 7c7 ,basis for certification ,such section is further amended-- 7#a7 by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively2 and 7#b7 by inserting after subsection 7b7 the following new subsection 7c73 7c7 ,basis for certification 7#a7 ,in general ,in making the certification described in subsection 7b7 with respect to an individual1 the ,secretary shall take into account and respond to each of the following3 7,a7 ,the extent to which the individual was involved in or facilitated terrorist activities1 including the extent to which the individual may have planned or participated in specific terrorist attacks4 7,b7 ,the conduct of the individual when acting as part of1 or substantially supporting1 ,taliban or al ,qaeda forces1 or the ,islamic ,state of ,iraq and the ,levant 7,,isil7 or any other terrorist organization or forces1 that are engaged in hostilities against the ,united ,states or its coalition partners4 7,c7 ,the level of knowledge1 skills1 or training possessed by the individual that has been or could be used for terrorist purposes1 including the following3 7i7 ,training or ability to plan1 lead1 finance1 organize1 or execute acts of terrorism4 7ii7 ,training or ability to facilitate the movement or training of terrorists4 7iii7 ,any specialized training or operational experience1 including training in paramilitary tactics1 explosives1 or weapons of mass casualty4 7,d7 ,the nature and extent of the ties of the individual with individual terrorists1 terrorist organizations1 terrorist support networks1 or other extremists4 7,e7 ,information pertaining to the likelihood that the individual intends to or is likely to engage in terrorist activities upon transfer or release4 7,f7 ,information pertaining to the likelihood that the individual will reestablish ties after transfer or release with terrorists1 terrorist organizations1 terrorist support networks1 or other extremists that are engaged in hostilities against the ,united ,states or its coalition partners1 and information pertaining to whether the group of which the individual was a part of at the time of capture is now defunct4 7,g7 ,information pertaining to the destination country1 including1 specifically1 the following3 7i7 ,the presence of terrorist groups1 instability1 or other factors in that country that could negatively influence the potential of the individual to engage in terrorist activities upon transfer or release4 7ii7 ,the accessibility and likelihood the individual may contact or seek support from family1 tribal1 or known associates4 7iii7 ,the likelihood of rehabilitation or support for the individual by the receiving government or entity4 7iv7 ,the availability and credibility of measures by the receiving government or entity to mitigate substantially the assessed threat posed by the individual1 including information regarding past detainee transfers to that country or entity1 if applicable4 7,h7 ,the likelihood the individual will be subject to trial by military commission1 or any other law enforcement interest in the individual4 7,i7 ,the conduct of the individual in the custody of the ,department of ,defense1 including contact with any individual who is not a detainee1 behavior1 habits1 traits1 rehabilitation efforts1 and whether the individual was considered a danger to other detainees or other individuals4 7,j7 ,the physical and psychological condition of the individual1 as assessed by a licensed professional4 7,k7 ,any other relevant factors bearing on the continuing threat to the security of the ,united ,states1 its citizens1 and its interests posed by the transfer or release of the individual4 7,l7 ,any other relevant information bearing on the national security and foreign policy interests of the ,united ,states or the interests of justice4 7#b7 ,recommendations ,in determining whether to make a certification described in subsection 7b7 on an individual1 the ,secretary shall take into account1 and include with the certification1 the recommendations and military value analyses of the following3 7,a7 ,the ,chairman of the ,joint ,chiefs of ,staff4 7,b7 ,the ,chiefs of ,staff of the ,armed ,forces1 with respect to the effects of the transfer or release on military personnel with a residence for their permanent duty station in the geographic area1 or forward deployed forces1 in the foreign country concerned4 7,c7 ,the commander of the geographic combatant command having the foreign country or entity to which the individual will be transferred or released within its area of operational responsibility4 7,d7 ,the ,commander of the ,united ,states ,southern ,command4 7#c7 ,provision to individuals ,each individual covered by a certification described in subsection 7b7 shall be provided an unclassified written summary of the certification1 in a language the individual understands1 not earlier than #cj days after the ,secretary submits the certification to the appropriate committees of ,congress pursuant to subsection 7a74 ,the summary shall also be provided to the personal representative and private counsel of the individual4 4 7d7 ,continuing threat defined ,subsection 7g7 of such section1 as redesignated by subsection 7c77#a7 of this section1 is amended by adding at the end the following new paragraph3 7#e7 ,the term continuing threat1 means a threat to the security of the ,united ,states that may require any type of security measure by the ,united ,states or any other foreign country or other foreign entity associated with the transfer or release of a detainee4 4 7e7 ,additional conforming amendments ,paragraph 7#c7 of subsection 7f7 of such section1 as so redesignated1 is amended-- 7#a7 by striking subsection 7b77#b77;,c7 and inserting subsection 7b77#c77;,c72 and 7#b7 by striking subsection 7b77#c7 and inserting subsection 7b77#d74 7f7 ,clerical amendment ,the heading of such section is amended to read as follows3 #ajcd4 ,certification requirements relating to the transfer or release of detainees at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba 4