326 Subtitle SEC. 1031. TRANSFERS TO FOREIGN COUNTRIES OF INDI- VIDUALS DETAINEDI AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. AUTHORITY To TRANSFER UNDER CERTAIN CIR- Secretary of Defense is authorized to transfer or release any individual detained at Guantanamo to the individual's country of origin, or any other foreign country, if-- i 10 (1) the Secretary determines, following a review 11 conducted in accordance with the requirements of 12 section 1023 of the National Defense Authorization 13 Act for Fiscal Year 2012 (10 USS. 801 note) and 1.4 Executive Order No. 13567, that the individual is no 15 longer a threat to the national security of the United 16 'States; 17 (2) such transfer or release outside the United 18 States is to effectuate an order affecting disposition 19' of the individual by a court or competent tribunal of 20 the United States having jurisdiction; or 21 (3) such individual has beentried in a court -or 22 I competent tribunal of the United States having' ju- 23 risdiction on charges based on the same conduct 24 that serves as the basis for the determination that 25 the individual is an enemy combatant OS 1 197 PCS DIhas been acquitted of. such charges; or (B) has been convicted': and has completed serving the sentence ppursuapnt to the conviction. DETERNIINATION REQUIRED PRIOR TO TRANS- as provided in subsection the Secretary of Defense may transfer an individual detained -at Guanta- name to the custody or control of the individual's country origin, or any other foreign country, only if the Secretaiy determines 1) actions that have been or are planned to be taken will substantially mitigate the risk of such in- dividual engaging or reengaging in any- terrorist or Hother hostile activity that threatens the United States or United States persons or interests; and (2) the transfer is in the national security inter- est of the United States. Fnorons To BE CONSIDERED IN DE- the determination specified in subsection the Secreta.ry of Defense shall take into consideration the following factors: 1 (1) The '.recoIn1n_endations of the -Guantanamo Detainee Review Task Force established pursuant to Executive Order Ne. 13492 and the reco1iunenda- tions of the Periodic Review Boards established pur- suant to No. Executive Order 13567, as applicable._ 1197 PCS I am as 328 (2) Any confirmed case in which an individual transferred _to . the foreign country to which the indi- vidual' is to be transferred subsequently engaged in terrorist or other other hostile activity that threat- interests. (3) 'Any actions taken by the United States ened the United States 'or United States persons or 6 7 8 . the foreign "country to which the individual is to be 9 transferred, or change in circumstances in such 10 country, that reduce the risk of recidivism of the 11 type described in paragraph (2). 12 . I (4) "Any assurances provided by the government 13 3 of the foreign country to which the individual is to 14- be transferred, including 15 (A) such government maintains control 16 over any facility' at which the individual is to be . 17 detained if the individual is to be housed in a 18 government-controlled facility; and 19 (B) such government has taken- or agreed 20 - to take actions to substantially mitigate the risk 3 21 of the individual engaging or reengaging in any 22 . . terrorist "or other hostile activity that threatens: 23 i. the United States or United States persons 24 interests. .s: 1197 PCS :-en dual ndi- in 'eat- or 0 be such the nent is to ntrol :0 be ina greed risk any itens 1197 PCS 329 (5) An assessment of the capacity, Willingness, and .past practices' (if applicable) of the foreign country described in paragraph (4) in meeting any assurances it has provided, including assurances under paragraph (4) regarding 'its capacity and will- ingness to mitigate the risk of recidivism,' (6) Any record of cooperation by theindividual to be transferred' with United 'States intelligence and law enforcement -authorities, pursuant to a pre--trial' agreement, while in the custody of or under the ef- fective control . of the Department of Defense, and any agreements and effective mechanisms that may be' in place, to the extent relevant and necessary, to provide continued cooperation with United States in- telligence and law enforcement authorities. Secretary of Defense shall notify the appropriate committees of Congress of a deter- mination of the Secretary under subsection" or not later than 30 days before the transfer or release of the individual under such subsection. Each notification shall 'include, at a minimum, the following: 1) A detailed statement 'of the basis for the transfer or release. 1--t CD r--t U1 r--I l--explanation of why the 'transfer or re- lease is in the national security interests of the United States. description of any actions to be taken to mitigate the risks of recidivism by the individual to be transferred or released. i this section: (1) The term "appropriate committees of Con- gress" A (A.) the Committee on Armed Services, the Committee on Appropriations, and the Select Committeeion Intelligence of the Senate; and . (B) the. Committee on Armed 'Services, Committee on Appropriations, and the Perma- nent Select Committee__ on Intelligence of the House of Representatives. (2) The term "individual detained at Guanta- namo" -means any individual located at United, States Naval Station, Gruantanamo'Bay, Cuba, as of October 1,2009, (A) is not a citizen of the United? States or a member of the Armed Forces of the United States; and (B) .s 1197 Pos - T6- the 1t0 Ito the lect the. I13.- the ta- tedl 1-t 43'- 1-4 U1 i--the custody or under the control of the Department of Defense; or (ii) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. 0 -- REPEAL OF SUPERSEDED following provisions of law are repealed: (1) Section 1033 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4351). (2) Section 1028 of the National Defense Au- . thorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1567; 10 Use. 801 note). (3) seotion 1028 of the National Defense Au- thorization Act for Fiscal Year 2013 (Public Law 112-239; 126'Stat. 1914; 10 U.S.C. 801 note). SEC. 1032. AUTHORITY TO TEMPORARILY TRANSFER INDI- VIDUALS DETAINED AT UNITED STATES NAVAL STATION, - GUANTANAMO BAY, CUBA, TO THE UNITED STATES FOR EMERGENCY OR . CRITICAL MEDICAL TREATMENT. TRANSFER FOR EMERGENCY on CRITICAL MED- 23 ICAL TREATMENT sec- 24 tion 1031(a), or any similar provision of law enacted after 25 September 30, 2013, the Secretary of Defense may tempo>> OS 1197 PCS 332 1 rarily transfer any individual detained at Guantanamo to 2' a Department of Defense medical facility in the United 3 States for the sole purpose of providing the individual 4 medical treatment if the Secretary determines 5 (1) the Senior Medical Officer, Joint Task 6 Bay, Cuba, has determined that 7 the medical treatment is necessary to prevent death 8 or imminent significant injury or harm to the "health 9 of the individual; 10 (2) based on the recommendation of the Senior 11 Medical Officer, Joint Task 12 Bay, Cuba, the medical treatment is not available to 13 be provided at United States Naval Station, Guanta-' 14 name" Bay, Cuba, without incurring excessive and 15 . unreasonable costs; and 1 1 16 (3) the Department of Defense has provided for . 17 appropriate security measures for the custody and 18 .- control of the individual during any period in -which 19 the individual is temporarily in the United States. 20 under this subsection. 21 LIMITATION ON EXERCISE or 22 authority of the Secretary of Defense under 23 may be exercised only by the Secretary of Defense or 24 another official of the Department of Defense at the"-l 25 of Under Secretary of Defense or higher. -S 1197 PCS 3 to ited hial 'ask ;hat 13233 CONDITIONS or TRANSFER.--A11 individual who is temporarily transferred under the authority in sub- section 1) remain in the custody. and control of the Secretary of Defense at all times; and (2) be returned to United States ava.l Station, Guantanamo Bay, Cuba, as soon as feasible after a Department of Defense physician determines (A) the individual is -medically cleared to travel; and (B) in consultation. with the Commander, Joint Task Foroe--_Guantanamo Bay, Cuba, any necessary follow-up medical care may reason-- 1 ably be provided the individual at United States Naval Station, Guantanamo Bay, 'Cuba. I STATUS WHILE IN indi- vidual Who is temporarily transferred under the authority in subsection while in the United (1) shall be considered to' be paroled into the United States -temporarily pursuant to section 212(d)(5)(A) of the Immigration 'and Nationality Act (8 Use. (2) shall not be permitted to apply for asylum under section 208 of the Immigration and Nation- ality Act 1158),, be p_1__aced_ in removal pro- 1197 PCS t'er.r. . D-4 U.) r--t -I3 I--1-K 334 ceedings under section 240 of such Act (8 U.S.C. 1229a), or be eligible to apply for admission into the United States; and (3) shall not be permitted to avail himself of any right, privilege, or benefit of any law of the United States beyond those available to individuals detained at United States Naval Station, Guanta- namo Bay, Cuba. JUDICIAL REVIEW decision not to grant a temporary transfer under subsection or not to recommend the granting of such a transfer, shall not give rise to a judicial cause of action. Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of any temporary trans"-' fer of an individual under the. authority in subsection not later than 5 days after the transfer of the individual under that authority' . i- INDIVIDUAL DETAINED AT GUANTANAMO DE this section, the term "individual detained atl" Guantanamo" has the meaning given that term in section i031(e)(2). OS 1197 PCS 335., I. C. 1 SEC. 1033. LIMITATION ON TRANSFER OR RELEASE OF the 2, DETAINED AT UNITED STATES 3 NAVAL STATION, GUANTANAMO BAY, CUBA. of 4 IN as provided in subsection the 5 none of the funds authorized to be appropriated by 'ails 6 this Act for fiscal year 2014 may be used to transfer, re- Htaf 7 lease, or assist in the transfer or release to or within the 8 United States, its territories, or possessions of Khalid not 9 Sheikh Mohammed or any other detainee Wl10--United States citizen or a member not 11 of the Armed Forces of the United States; and 12 (2) is or was held on or after January 20, 1311 13 . 2009, at United States Naval Station, Guantanamo ate 14 Bay, Cuba, by the Department of Defense: - nS_ 15 i TRANSFER FOR DETENTION AND. 16 Secretary of Defense may transfer a detainee described Hal 17 in subsection to the United States for detention and 18 trial if the Secretary-- 19, determines that the transfer is in" the na- at 20 tional security interest of the United States; ion 21 (2) determines that appropriate actions have I 22 been taken, or will be taken, to address any risk to 23 public safety that could arise in connection with the 24 detention and trial in the United States; and OS 1197 PCS I Eh -3'36 (1 (3) notifies the iapwpropriateicommittees of Con- 2 gress not lat?r'than' 30 days before the date of the 3. proposed transfer. 4 NOTIFICATION notification on a 5 transfer under subsection shall include the fol- 6 lowing: 7 (1) A statement of the basis for the determina- 8 tion that the -transfer is in the nationa.1 security in- _9 terest of the United States. 10 (2) A description of the actions the Secretary -- 11 determines have been taken, or will be taken, to ad- 12 3 dress any risk to public safety that could arise in .13 - connection with the detention and trial in the United 1.4 States.' 15' APPROPRIATE COMMITTEES or CONGRESS DE- 16 this section, the term "appropriate comnait; 17 tees of Congress" means--+ 18 (1) the Committee on Armed Services. the 19 Committee on Appropriations, and the Select Com-- 20 mittee on Intelligence of the Senate; and 21- . . (2) the Committee on Armed 'Services, the 22 Committee' on Appropriations, and the Permanent 23 Select Committee on Intelligence of the House of 24 7 Representatives. OS 1197 PCS 5.7%