[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Page S4375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2131. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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 appropriate place in title X, insert the following:
Subtitle __--Transfer or Release of Individuals Detained at Guantanamo
Bay Detention Facility
SEC. _01. PROHIBITION ON USE OF FUNDS TO OPERATE THE
DETENTION FACILITY AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, AFTER SEPTEMBER
30, 2026.
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, 2026.
SEC. _02. REPEAL OF PROHIBITIONS RELATING TO DETAINEES AT AND
CLOSURE OF 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 1031 of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118-31; 137 Stat. 386),
is repealed.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 1032 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31;
137 Stat. 387), is repealed.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 1033 of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118-31; 137 Stat. 387),
is repealed.
SEC. _03. 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. _04. 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.--
(1) In general.--Subchapter VII of chapter 47A of such
title is amended--
(A) 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 2025)'' after ``of
this title'';
(B) in section 950f--
(i) 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 2025)'' after ``of this
title''; and
(II) in paragraph (6)(B), by striking ``section 949b(b)(4)
of this title'' and inserting ``paragraph (7)''; and
(ii) 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.
``(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).'';
(C) 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 2025)'' after ``of this
title''; and
(D) 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
2025.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter VII of chapter 47A of such title is
amended by adding at the end the following new item:
``950k. Definition.''.
(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.
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