[Congressional Record Volume 162, Number 83 (Wednesday, May 25, 2016)]
[Senate]
[Page S3210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4198. Mr. RUBIO 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:

       At the end of subtitle D of title X, add the following:

     SEC. 1031. PROHIBITION ON TRANSFER OF INDIVIDUALS DETAINED AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA, TO FOREIGN COUNTRIES OR ENTITIES WITHOUT 
                   ASSESSMENT THAT INDIVIDUALS WILL POSE NO RISK 
                   TO MILITARY AND CIVILIAN PERSONNEL OF THE 
                   UNITED STATES OVERSEAS AFTER TRANSFER.

       (a) Prohibition.--An individual detained at Guantanamo may 
     not be transferred to a foreign country or a foreign entity 
     unless the Director of National Intelligence, the Director of 
     the Central Intelligence Agency, the Director of the Defense 
     Intelligence Agency, and the Director of the Federal Bureau 
     of Investigation unanimously agree that the individual after 
     transfer will pose no risk to members of the Armed Forces or 
     civilian personnel of the United States Government overseas.
       (b) Construction.--The prohibition in subsection (a) in 
     connection with the transfer of an individual detained at 
     Guantanamo is in addition to any other requirement or 
     limitation on the transfer by law.
       (c) Individual Detained at Guantanamo Defined.--In this 
     section, the term ``individual detained at Guantanamo'' means 
     an individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (1) is not a national of the United States (as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)) 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 detained at United States Naval Station, 
     Guantanamo Bay.
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