[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[Senate]
[Pages S3056-S3057]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4070. Mr. MORAN (for himself, Mr. Daines, Mr. Blunt, Mr. Tillis, 
Mr. Rubio, Mr. Inhofe, Mr. Boozman, and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       After section 1027, insert the following:

     SEC. 1027A. STRENGTHENING OF CERTIFICATION REQUIREMENTS 
                   RELATING TO THE TRANSFER OR RELEASE OF 
                   DETAINEES AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA.

       (a) Certification Requirement Generally.--Subsection (a) of 
     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) is amended--
       (1) in the subsection heading, by striking ``Prior''; and
       (2) by striking paragraph (1) and inserting the following 
     new paragraph (1):
       ``(1) In general.--Except as provided in paragraph (2), no 
     amount authorized to be appropriated or otherwise made 
     available for the Department of Defense or any other 
     department, agency, or element of the United States 
     Government may be used after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2017 to 
     transfer, release, 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 States, its 
     citizens, and its interests as described in subsection (b). 
     The certification with respect to an individual shall be 
     submitted not later than 30 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 States, its citizens, and its interests.''.
       (b) Certification Elements.--Subsection (b) of such section 
     is amended--
       (1) by redesignating paragraphs (1) through (4) as 
     paragraphs (2) through (5), respectively;
       (2) by inserting before paragraph (2), as redesignated by 
     paragraph (1) of this subsection, the following new paragraph 
     (1):
       ``(1) the individual to be transferred or released no 
     longer poses a continuing threat to the security of the 
     United States, its citizens, and its interests;'';
       (3) in paragraph (2), as so redesignated, by inserting ``or 
     release'' after ``transfer'';
       (4) by inserting ``or released'' after ``transferred'' each 
     place it appears; and
       (5) in subparagraph (B) of paragraph (4), as so 
     redesignated, by striking ``paragraph (2)(C)'' and inserting 
     ``paragraph (3)(C)''.
       (c) Additional Matters in Connection With Certifications.--
     Such section is further amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Additional Matters in Connection With 
     Certifications.--
       ``(1) Recommendations.--In determining whether to make a 
     certification described in subsection (b) on an individual, 
     the Secretary shall take into account, and include with the 
     certification, the recommendations and military value 
     analyses of the following:
       ``(A) The Chairman of the Joint Chiefs of Staff.
       ``(B) The Chiefs of Staff of the Armed Forces, with respect 
     to the effects of the transfer or release on military 
     personnel with a residence for their permanent duty station 
     in the geographic area, or forward deployed forces, in the 
     foreign country concerned.
       ``(C) 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 responsibility.
       ``(D) The Commander of the United States Southern Command.

[[Page S3057]]

       ``(2) Provision to individuals.--Each individual covered by 
     a certification described in subsection (b) shall be provided 
     an unclassified written summary of the certification, in a 
     language the individual understands, not earlier than 30 days 
     after the Secretary submits the certification to the 
     appropriate committees of Congress pursuant to subsection 
     (a). The summary shall also be provided to the personal 
     representative and private counsel of the individual.''.
       (d) Conforming Amendments.--Paragraph (3) of subsection (f) 
     of such section, as redesignated by subsection(c)(1) of this 
     section, is amended--
       (1) by striking ``subsection (b)(2)(C)'' and inserting 
     ``subsection (b)(3)(C)''; and
       (2) by striking ``subsection (b)(3)'' and inserting 
     ``subsection (b)(4)''.
                                 ______