[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2746 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2746

To establish various prohibitions regarding the transfer or release of 
 individuals detained at United States Naval Station, Guantanamo Bay, 
Cuba, and with respect to United States Naval Station, Guantanamo Bay, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2016

 Ms. Ayotte (for herself, Mr. Burr, Mr. Inhofe, Mr. Wicker, Mr. Moran, 
  Mr. Roberts, Mr. Scott, Mrs. Capito, and Mr. Daines) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
To establish various prohibitions regarding the transfer or release of 
 individuals detained at United States Naval Station, Guantanamo Bay, 
Cuba, and with respect to United States Naval Station, Guantanamo Bay, 
                        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 ``Detaining Terrorists to Protect 
Americans Act of 2016''.

SEC. 2. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF 
              INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, 
              GUANTANAMO BAY, CUBA, TO THE UNITED STATES.

    No amounts authorized to be appropriated or otherwise made 
available may be used to transfer, release, or assist in the transfer 
or release to or within the United States, its territories, or 
possessions of Khalid Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after January 20, 2009, at United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.

SEC. 3. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES 
              IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM 
              UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) In General.--No amounts authorized to be appropriated or 
otherwise made available may be used to construct or modify any 
facility in the United States, its territories, or possessions to house 
any individual detained at Guantanamo for the purposes of detention or 
imprisonment in the custody or under the control of the Department of 
Defense unless expressly authorized by an Act of Congress enacted after 
the date of the enactment of this Act.
    (b) Exception.--The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.
    (c) Individual Detained at Guantanamo Defined.--In this section, 
the term ``individual detained at Guantanamo'' means any individual 
located at United States Naval Station, Guantanamo Bay, Cuba, as of 
October 1, 2009, who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the control of the 
                Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.

SEC. 4. SUSPENSION OF USE OF FUNDS TO TRANSFER OR RELEASE INDIVIDUALS 
              DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
              CUBA, TO FOREIGN COUNTRIES OR ENTITIES.

    (a) In General.--Notwithstanding section 1034 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 
Stat. 969; 10 U.S.C. 801 note), no amounts authorized to be 
appropriated or otherwise made available may be used, during the period 
beginning on the date of the enactment of this Act and ending on 
September 30, 2017, to transfer, release, or assist in the transfer or 
release of an individual detained at Guantanamo to any foreign country 
or foreign entity unless expressly authorized by an Act of Congress 
enacted after the date of the enactment of this Act.
    (b) Individual Detained at Guantanamo Defined.--In this section, 
the term ``individual detained at Guantanamo'' means any individual 
located at United States Naval Station, Guantanamo Bay, Cuba, as of 
October 1, 2009, who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the control of the 
                Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.

SEC. 5. PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF FORCES AT OR 
              CLOSURE OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
              CUBA.

    No amounts authorized to be appropriated or otherwise made 
available may be used--
            (1) to close or abandon United States Naval Station, 
        Guantanamo Bay, Cuba;
            (2) to relinquish control of Guantanamo Bay to the Republic 
        of Cuba; or
            (3) to implement a material modification to the Treaty 
        Between the United States of America and Cuba signed at 
        Washington, DC, on May 29, 1934, that constructively closes 
        United States Naval Station, Guantanamo Bay.
                                 <all>