[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2589 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2589

To require the Secretary of State to submit to Congress an unclassified 
notice before the transfer of any individual detained at United States 
 Naval Station, Guantanamo Bay, Cuba, to the custody or control of the 
individual's country of origin, any other foreign country, or any other 
                foreign entity, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2016

  Mr. Johnson introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of State to submit to Congress an unclassified 
notice before the transfer of any individual detained at United States 
 Naval Station, Guantanamo Bay, Cuba, to the custody or control of the 
individual's country of origin, any other foreign country, or any other 
                foreign entity, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Terrorist Release Transparency 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The detention facilities at United States Naval 
        Station, Guantanamo Bay, Cuba, were established in 2002 for the 
        purpose of detaining those who plan, authorize, commit, or aid 
        in the planning, authorizing, or committing of acts of 
        terrorism against the United States.
            (2) The facilities have detained individuals who have 
        killed, maimed, or otherwise harmed innocent civilians and 
        members of the United States Armed Forces, as well as 
        combatants who have received specialized training in the 
        conduct and facilitation of acts of terrorism against the 
        United States, its citizens, and its allies. This includes 9/11 
        mastermind Khalid Sheik Mohammed and scores of other known 
        terrorists.
            (3) The location of the detention facilities at Guantanamo 
        Bay protects the United States, its citizens, and its allies. 
        No prisoner has ever escaped from Guantanamo Bay.
            (4) On January 20, 2009, President Barack Obama issued 
        Executive Order 13492 ordering the closure of the detention 
        facilities at Guantanamo Bay, consistent with the national 
        security and foreign policy interests of the United States and 
        the interests of justice.
            (5) Executive Order 13492 directs the Department of State 
        to participate in the review of each detainee to determine 
        whether it is possible to transfer or release the individual 
        consistent with the national security and foreign policy 
        interests of the United States.
            (6) The Secretary of State is ordered to expeditiously 
        pursue and direct negotiations and diplomatic efforts with 
        foreign governments as are necessary and appropriate to 
        implement Executive Order 13492.
            (7) Since 2009, the Department of State has played a 
        substantial role in the review and transfer of enemy combatants 
        from the jurisdiction of the United States to the custody or 
        control of foreign governments through the appointment of a 
        Special Envoy for Guantanamo Closure.
            (8) President Obama has released numerous detainees from 
        Guantanamo Bay since taking office, some of whom are known or 
        suspected to have reengaged in terrorist activity.
            (9) The transfer of individuals from Guantanamo Bay to 
        foreign countries sharply increased from 2014 to 2016, bringing 
        the number of detainees remaining at Guantanamo Bay to less 
        than 100.
            (10) The administration often transfers detainees to 
        countries in close proximity to their countries of origin. In 
        some cases, prisoners have been relocated within blocks of 
        United States diplomatic facilities located in countries with 
        governments that have publicly stated no intention to monitor 
        or restrict travel of potentially dangerous former detainees or 
        that otherwise lack the capacity to mitigate threat potential.
            (11) The administration is required to notify Congress of 
        its intent to transfer individuals detained at Guantanamo 
        pursuant to section 1034 of the National Defense Authorization 
        Act for Fiscal Year 2016 (Public Law 114-92) and certify that 
        among other things, the foreign country to which the individual 
        is proposed to be transferred has taken or agreed to take 
        appropriate steps to substantially mitigate any risk the 
        individual could attempt to reengage in terrorist activity or 
        otherwise threaten the United States or its allies or 
        interests.
            (12) While not required by law, the administration has 
        classified these notifications so that only a small number of 
        individuals are able to know their contents.
            (13) The information contained in such a notice does not 
        warrant classification, given that third-party nations and the 
        detainees themselves possess such information.
            (14) The decision to classify the notice and certification 
        results in a process that is not transparent, thereby 
        preventing the American public from knowing pertinent 
        information about the release of these individuals.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the people of the United States deserve to know who is 
        being released from the detention facilities at United States 
        Naval Station, Guantanamo Bay, Cuba, their countries of origin, 
        their destinations, and the ability of the host nation to 
        prevent recidivism; and
            (2) the people of the United States deserve transparency in 
        the manner in which the Obama Administration complies with 
        Executive Order 13492.

SEC. 4. UNCLASSIFIED NOTICE REQUIRED PRIOR TO TRANSFER OF DETAINEES AT 
              UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO 
              FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.

    (a) Notice Required.--Not less than 15 days prior to the transfer 
of any individual detained at Guantanamo to the custody or control of 
the individual's country of origin, any other foreign country, or any 
other foreign entity, the Secretary of State shall submit to the 
appropriate committees of Congress an unclassified notice that 
includes--
            (1) the name, country of origin, and country of destination 
        of the individual;
            (2) the number of individuals detained at Guantanamo 
        previously transferred to the country to which the individual 
        is proposed to be transferred; and
            (3) the number of such individuals who are known or 
        suspected to have reengaged in terrorist activity after being 
        transferred to that country.
    (b) Briefing.--The Secretary of State shall brief the appropriate 
committees of Congress within 5 days of transmitting the notice 
required by subsection (a). Such briefing shall include an explanation 
of why the destination country was chosen for the transferee and an 
overview of countries being considered for future transfers.
    (c) Rule of Construction.--Nothing in this Act shall be construed 
to be inconsistent with the requirements of section 1034 of the 
National Defense Authorization Act for Fiscal Year 2016 (Public Law 
114-92).
    (d) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means 
        the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate and the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives.
            (2) The term ``individual detained at Guantanamo'' has the 
        meaning given such term in section 1034(f)(2) of the National 
        Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
        92).
                                 <all>