[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7552-S7553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4091. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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:

        Strike sections 1031 through 1034 and insert the 
     following:

     SEC. 1031. PROHIBITION ON USE OF FUNDS TO OPERATE THE 
                   DETENTION FACILITY AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, AFTER SEPTEMBER 
                   30, 2023.

       None of the funds authorized to be appropriated or 
     otherwise made available by this Act or any other Act may be 
     used to operate the detention facility at United States Naval 
     Station, Guantanamo Bay, Cuba, after September 30, 2023.

     SEC. 1032. REPEAL OF PROHIBITIONS RELATING TO DETAINEES AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA.

       (a) Use of Funds for Transfer or Release of Individuals 
     Detained at United States Naval Station, Guantanamo Bay, 
     Cuba, to the United States.--Section 1033 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1953), as most recently 
     amended by section 1041 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283), is repealed.
       (b) Use of Funds to Construct or Modify Facilities in the 
     United States to House Detainees Transferred From United 
     States Naval Station, Guantanamo Bay, Cuba.--Section 1034 of 
     the John S. McCain National Defense Authorization Act for 
     Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as 
     most recently amended by section 1042 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283), is repealed.
       (c) Use of Funds for Transfer or Release of Individuals 
     Detained at United States Naval Station, Guantanamo Bay, 
     Cuba, to Certain Countries.--Section 1035 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1954), as most recently 
     amended by section 1043 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283), is repealed.

     SEC. 1033. REPEAL OF CERTAIN REQUIREMENTS FOR CERTIFICATIONS 
                   AND NOTIFICATIONS RELATING TO TRANSFER OF 
                   DETAINEES AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND 
                   OTHER FOREIGN ENTITIES.

       (a) Certification.--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 repealed.
       (b) Notification.--Section 308 of the Intelligence 
     Authorization Act for Fiscal Year 2012 (Public Law 112-87; 
     125 Stat. 1883; 10 U.S.C. 801 note) is repealed.

     SEC. 1034. REPEAL OF CHAPTER 47A OF TITLE 10, UNITED STATES 
                   CODE.

       (a) In General.--Subchapters I through VI and subchapter 
     VIII of chapter 47A of title 10, United States Code, are 
     repealed.
       (b) Conforming Amendments to Subchapter VII.--Subchapter 
     VII of chapter 47A of such title is amended--
       (1) in section 950d(a)(3), by inserting ``(as in effect on 
     the day before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2022)'' after ``of 
     this title'';
       (2) in section 950f--
       (A) in subsection (b)--
       (i) in paragraph (2), by inserting ``(as in effect on the 
     day before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2022)'' after ``of this 
     title''; and
       (ii) in paragraph (6)(B), by striking ``section 949b(b)(4) 
     of this title'' and inserting ``paragraph (7)''; and
       (B) by adding at the end the following new paragraph:
       ``(7) No appellate military judge on the United States 
     Court of Military Commission Review may be reassigned to 
     other duties, except under circumstances as follows:
       ``(A) The appellate military judge voluntarily requests to 
     be reassigned to other duties and the Secretary of Defense, 
     or the designee of the Secretary, in consultation with the 
     Judge Advocate General of the armed force of which the 
     appellate military judge is a member, approves such 
     reassignment.

[[Page S7553]]

       ``(B) The appellate military judge retires or otherwise 
     separates from the armed forces.
       ``(C) The appellate military judge is reassigned to other 
     duties by the Secretary of Defense, or the designee of the 
     Secretary, in consultation with the Judge Advocate General of 
     the armed force of which the appellate military judge is a 
     member, based on military necessity and such reassignment is 
     consistent with service rotation regulations (to the extent 
     such regulations are applicable).
       ``(D) The appellate military judge is withdrawn by the 
     Secretary of Defense, or the designee of the Secretary, in 
     consultation with the Judge Advocate General of the armed 
     force of which the appellate military judge is a member, for 
     good cause consistent with applicable procedures under 
     chapter 47 of this title (the Uniform Code of Military 
     Justice).'';
       (3) in section 950h(c), by inserting ``(as in effect on the 
     day before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2022)'' after ``of this 
     title''; and
       (4) by adding at the end the following new section:

     ``Sec. 950k. Definition

       ``In this subchapter, the term `military commission under 
     this chapter' means a military commission under this chapter 
     as in effect on the day before the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 
     2022.''.
       (c) Clerical Amendment.--The table of subchapters at the 
     beginning of chapter 47A of such title is amended by striking 
     the items relating to subchapters I through VI and subchapter 
     VIII.
                                 ______