3.0.0 165 2023-01-11T13:28:25Z 2023-01-11T13:28:25Z Senate S 2015-01-13 114 ssas00 Armed Services Committee Senate Standing Reported by 2015-02-23T22:05:35Z Markup by 2015-02-12T22:03:02Z Referred to 2015-01-13T21:35:36Z Detaining Terrorists to Protect America Act of 2015 114 401 HR 2015-01-21 Sponsor introductory remarks on measure. (CR H433) Identical bill CRS National Defense Authorization Act for Fiscal Year 2016 114 1376 S 2015-05-19 Placed on Senate Legislative Calendar under General Orders. Calendar No. 88. Related bill CRS 2015-02-23 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 20. Calendars 2015-02-23 ssas00 Armed Services Committee Senate Committee on Armed Services. Reported by Senator McCain with an amendment in the nature of a substitute. Without written report. Committee 2015-02-23 Committee on Armed Services. Reported by Senator McCain with an amendment in the nature of a substitute. Without written report. Committee 14000 9 Library of Congress ssas00 Armed Services Committee 2015-02-12 ssas00 Armed Services Committee Senate Committee on Armed Services. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2015-01-13 ssas00 Armed Services Committee Senate Read twice and referred to the Committee on Armed Services. IntroReferral 2015-01-13 Introduced in Senate IntroReferral 10000 9 Library of Congress A000368 Sen. Ayotte, Kelly [R-NH] Kelly Ayotte R NH N G000359 Sen. Graham, Lindsey [R-SC] Lindsey Graham R SC 2015-01-13 True B001135 Sen. Burr, Richard [R-NC] Richard Burr R NC Mauze 2015-01-13 True M000303 Sen. McCain, John [R-AZ] JOHN MCCAIN R AZ SIDNEY 2015-01-13 True B001261 Sen. Barrasso, John [R-WY] John Barrasso R WY 2015-01-13 True K000360 Sen. Kirk, Mark Steven [R-IL] MARK KIRK R IL STEVEN 2015-01-16 False F000463 Sen. Fischer, Deb [R-NE] Deb Fischer R NE 2015-01-16 False M000934 Sen. Moran, Jerry [R-KS] Jerry Moran R KS 2015-01-16 False R000307 Sen. Roberts, Pat [R-KS] PAT ROBERTS R KS 2015-01-16 False I000024 Sen. Inhofe, James M. [R-OK] Jim Inhofe R OK 2015-01-16 False J000293 Sen. Johnson, Ron [R-WI] Ron Johnson R WI 2015-01-16 False C001098 Sen. Cruz, Ted [R-TX] Ted Cruz R TX 2015-01-16 False B000575 Sen. Blunt, Roy [R-MO] Roy Blunt R MO 2015-01-16 False T000461 Sen. Toomey, Patrick [R-PA] Patrick Toomey R PA J. 2015-01-20 False S001141 Sen. Sessions, Jeff [R-AL] Jeff Sessions R AL 2015-01-20 False H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2015-01-20 False E000295 Sen. Ernst, Joni [R-IA] Joni Ernst R IA 2015-01-20 False T000476 Sen. Tillis, Thomas [R-NC] Thomas Tillis R NC Roland 2015-01-21 False I000055 Sen. Isakson, Johnny [R-GA] Johnny Isakson R GA 2015-01-26 False W000437 Sen. Wicker, Roger F. [R-MS] Roger Wicker R MS F. 2015-01-29 False L000575 Sen. Lankford, James [R-OK] James Lankford R OK 2015-01-29 False C001056 Sen. Cornyn, John [R-TX] John Cornyn R TX 2015-02-03 False C001095 Sen. Cotton, Tom [R-AR] Tom Cotton R AR 2015-02-03 False L000577 Sen. Lee, Mike [R-UT] Mike Lee R UT 2015-02-03 False R000605 Sen. Rounds, Mike [R-SD] Mike Rounds R SD 2015-02-04 False S001198 Sen. Sullivan, Dan [R-AK] Dan Sullivan R AK 2015-02-04 False B001236 Sen. Boozman, John [R-AR] John Boozman R AR 2015-02-10 False R000595 Sen. Rubio, Marco [R-FL] Marco Rubio R FL 2015-04-22 False 2015-03-04T13:18:51Z S. 165, Detaining Terrorists to Protect America Act of 2015 https://www.cbo.gov/publication/49987 As reported by the Senate Committee on Armed Services on February 23, 2015 Armed Forces and National Security Appropriations Caribbean area Congressional oversight Correctional facilities and imprisonment Criminal investigation, prosecution, interrogation Criminal justice information and records Cuba Defense spending Department of Defense Detention of persons Human rights Intelligence activities, surveillance, classified information International law and treaties Latin America Middle East Military facilities and property Terrorism Yemen Armed Forces and National Security 00 2015-01-13 Introduced in Senate 2015-02-06T20:48:41Z Detaining Terrorists to Protect America Act of 2015

Revises and extends (until two years after enactment of this Act) prohibitions on the use of funds available to any U.S. agency (currently, to the Department of Defense [DOD]) to:

  • construct or modify any facility in the United States, its territories, or possessions to house individuals detained in Guantanamo Bay, Cuba, as of October 1, 2009, who are not U.S. citizens or members of the U.S. Armed Forces and who are in the custody or control of DOD or otherwise under detention in the U.S. Naval Station in Guantanamo for the detention or imprisonment in the custody or control of the U.S. government, unless authorized by Congress; or
  • transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and who was held on (currently, on or after) January 20, 2009, in Guantanamo Bay by DOD.

Supersedes and repeals existing prohibitions under National Defense Authorization Act for Fiscal Year 2014 (NDAA) concerning such construction and U.S. transfers that are scheduled to expire on December 31, 2015.

Prohibits until two years after enactment of this Act the transfer or release of any Guantanamo detainee in DOD custody or control to: (1) the Republic of Yemen or any entity within Yemen; or (2) any other foreign country or foreign entity if the individual has ever been determined or assessed by Joint Task Force Guantanamo to be a high-risk or medium-risk to the United States, its interests, or its allies.

Makes the prohibition on the transfer or release of high-risk or medium-risk individuals inapplicable to a U.S. agency head's actions to effectuate an order affecting the disposition of the individual that is issued by a U.S. court or tribunal.

Repeals provisions under the NDAA concerning DOD transfers of Guantanamo detainees to foreign countries. Replaces the repealed provisions with previous authority from the National Defense Authorization Act for Fiscal Year 2013 that prohibits use of DOD funds to transfer Guantanamo detainees to foreign countries or entities unless DOD certifies that the government of the country or the recognized leadership of the entity:

  • is not a designated state sponsor of terrorism or foreign terrorist organization,
  • maintains control over detention facilities and is not facing threats likely to affect its control over the individual,
  • agrees to take actions to ensure that the individual cannot engage in terrorist activities or threaten U.S. citizens or allies, and
  • agrees to share with the United States information regarding the individual or the individual's associates that could affect security of the United States or its allies.

Prohibits transfers to a country or entity if any Guantanamo detainee transferred to that country or entity subsequently engaged in any terrorist activity. Authorizes DOD to waive certain certification requirements or prohibitions in the interest of national security.

Delays DOD transfer procedures from applying to high-risk or medium-risk Guantanamo detainees until after the two-year prohibition on such transfers. Prohibits terrorist activity recidivism exceptions and national security waivers from authorizing transfers to Yemen during the two-year prohibition on Yemen transfers.

Directs DOD to submit a list of Guantanamo detainees determined by the Task Force to be high-risk or medium-risk.

]]> 01 2015-02-23 Reported to Senate with amendment(s) 2015-03-25T19:20:19Z Detaining Terrorists to Protect America Act of 2015

(Sec. 2) Revises and extends until two years after enactment of this Act prohibitions on the use of funds available to any U.S. agency (currently, funds available to the Department of Defense [DOD]) to:

  • construct or modify any facility in the United States, its territories, or possessions to house individuals detained in Guantanamo Bay, Cuba, as of October 1, 2009, who are not U.S. citizens or members of the U.S. Armed Forces and who are in the custody or control of DOD or otherwise detained or imprisoned in the U.S. Naval Station in Guantanamo in the custody or control of the U.S. government, unless authorized by Congress; or
  • transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and who was held on (currently, on or after) January 20, 2009, in Guantanamo Bay by DOD.

Supersedes and repeals existing prohibitions under National Defense Authorization Act for Fiscal Year 2014 (NDAA) concerning such construction and U.S. transfers that are scheduled to expire on December 31, 2015.

(Sec. 4) Authorizes the Secretary of Defense or a DOD official at the level of Under Secretary of higher, after providing advance notice to Congress or delayed notice under special circumstances, to temporarily transfer Guantanamo detainees to DOD medical facilities in the United States for the sole purpose of medical treatment if: (1) the treatment is necessary to prevent death or imminent significant injury or harm to the individual's health, (2) the treatment is not available at the U.S. Naval Station in Guantanamo Bay without incurring excessive and unreasonable costs, and (3) DOD provides security measures.

Declares that detainees temporarily transferred to the United States for medical treatment shall be deemed to be in the uninterrupted custody of the Secretary, as though the individual remained physically at the U.S. Naval Station in Guantanamo Bay. Prohibits such temporarily transferred detainees from: (1) being subject to, or obtaining rights under, immigration laws or any other U.S. laws beyond those available to individuals detained in Guantanamo; or (2) having a change in any designation that may have attached while detained in Guantanamo pursuant to the Authorization for Use of Military Force in P.L. 107-40.

Prohibits judicial review of any claims against the United States regarding aspects of the detention, transfer, treatment, or conditions of confinement of a detainee transferred to the United States for medical treatment, but allows the U.S. District Court for the District of Columbia to consider an application for writ of habeas corpus challenging the fact or duration of detention and seeking release from custody.

Bars the court from: (1) reviewing, halting, or staying the individual's return to Guantanamo; or (2) ordering a release of the individual within the United States.

(Sec. 5) Prohibits until two years after enactment of this Act the transfer or release of any Guantanamo detainee in DOD custody or control to: (1) any foreign country or foreign entity if the individual has ever been determined by Joint Task Force Guantanamo to be a high-risk or medium-risk to the United States, its interests, or its allies; or (2) the Republic of Yemen or any entity within Yemen.

Makes the prohibition on the transfer or release of high-risk or medium-risk individuals inapplicable to a U.S. agency head's actions to effectuate an order affecting the disposition of the individual that is issued by a U.S. court or tribunal.

Requires notification to Congress promptly after issuance of such an order.

(Sec. 7) Repeals provisions under the NDAA concerning DOD transfers of Guantanamo detainees to foreign countries. Replaces the repealed provisions with previous authority from the National Defense Authorization Act for Fiscal Year 2013 that prohibits use of DOD funds to transfer Guantanamo detainees to foreign countries or entities unless DOD certifies that the government of the country or the recognized leadership of the entity:

  • is not a designated state sponsor of terrorism or foreign terrorist organization,
  • maintains control over detention facilities and is not facing threats likely to affect its control over the individual,
  • agrees to take actions to ensure that the individual cannot engage in terrorist activities or threaten U.S. citizens or allies, and
  • agrees to share with the United States information regarding the individual or the individual's associates that could affect security of the United States or its allies.

Prohibits transfers to a country or entity if any Guantanamo detainee transferred to that country or entity subsequently engaged in any terrorist activity. Authorizes DOD to waive certain certification requirements or prohibitions in the interest of national security.

Delays DOD transfer procedures from applying to high-risk or medium-risk Guantanamo detainees until after the two-year prohibition on such transfers. Prohibits terrorist activity recidivism exceptions and national security waivers from authorizing transfers to Yemen during the two-year prohibition on Yemen transfers.

(Sec. 8) Requires DOD to ensure that operations at the detention facility at the U.S. Naval Station in Guantanamo Bay are conducted consistent with: (1) the law of armed conflict, including Common Article 3 of the Geneva Conventions; and (2) interrogation standards and prohibitions on cruel, inhuman, or degrading treatment or punishment under the Detainee Treatment Act of 2005.

(Sec. 9) Directs DOD to submit a list of Guantanamo detainees determined by the Task Force to be high-risk or medium-risk.

(Sec. 10) Requires DOD, every six months, to report to Congress regarding terrorist organizations that recruit or engage in propaganda using images and symbols relating to the U.S. Naval Station in Guantanamo Bay, DOD or Bureau of Prisons prisons, or other detention or disciplinary facilities.

]]> Detaining Terrorists to Protect America Act of 2015 Display Title Detaining Terrorists to Protect America Act of 2015 Official Title as Introduced A bill to extend and enhance prohibitions and limitations with respect to the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, and for other purposes. Introduced in Senate IS Short Titles as Introduced Detaining Terrorists to Protect America Act of 2015 Short Titles as Reported to Senate Detaining Terrorists to Protect America Act of 2015 S Senate Reported to Senate 2015-02-23T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114s165rs/xml/BILLS-114s165rs.xml Introduced in Senate 2015-01-13T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114s165is/xml/BILLS-114s165is.xml 2015-02-23 Placed on Senate Legislative Calendar under General Orders. Calendar No. 20. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.