[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Page S5763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6237. Mr. INHOFE (for Mr. Rubio) submitted an amendment intended 
to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself 
and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 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. 1035. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
                   CHARTERING PRIVATE OR COMMERCIAL AIRCRAFT TO 
                   TRANSPORT INDIVIDUALS DETAINED AT UNITED STATES 
                   NAVAL STATION, GUANTANAMO BAY, CUBA.

       (a) In General.--None of the funds authorized to be 
     appropriated by this Act for fiscal year 2023 for the 
     Department of Defense or any element of the intelligence 
     community may be obligated or expended to charter any private 
     or commercial aircraft to transport an individual who is or 
     was an individual detained at Guantanamo.
       (b) Definitions.--
       (1) Individual detained at guantanamo.--The term 
     ``individual detained at Guantanamo'' has the meaning given 
     that term in section 1034(f)(2) of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 
     129 Stat. 971; 10 U.S.C. 801 note).
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).

     SEC. 1036. CERTIFICATION TO CONGRESS FOR CERTAIN TRANSFERS OF 
                   INDIVIDUALS DETAINED AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA.

       (a) In General.--None of the funds authorized to be 
     appropriated by this Act for fiscal year 2023 for the 
     Department of Defense or any element of the intelligence 
     community may be obligated or expended to transfer any 
     individual detained at Guantanamo until--
       (1) the individual to be transferred has attested publicly, 
     in writing, to the Secretary of Defense that the individual 
     will not engage in terrorism against the United States, 
     United States interests, or United States citizens abroad; 
     and
       (2) the Secretary of Defense and the Director of National 
     Intelligence each certify in writing to the appropriate 
     committees of Congress that the record of the individual, 
     including the attestation required under paragraph (1), 
     supports that the individual will not engage in terrorism 
     against the United States, United States interests, or United 
     States citizens abroad.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Select Committee on Intelligence of the Senate;
       (C) the Committee on Armed Services of the House of 
     Representatives; and
       (D) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) Individual detained at guantanamo.--The term 
     ``individual detained at Guantanamo'' has the meaning given 
     that term in section 1034(f)(2) of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 
     129 Stat. 971; 10 U.S.C. 801 note).
       (3) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
                                 ______