Guantanamo Transfer Prevention Act

Guantanamo Transfer Prevention Act

This bill prohibits the President from using Department of Defense (DOD) funds to transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or member of the U.S. Armed Forces and is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by DOD.

Any contravening action by the President shall be without legal effect.

No amounts authorized to be appropriated or otherwise made available for DOD for FY2016 may be used to: (1) close or abandon Guantanamo, (2) relinquish control of Guantanamo to Cuba, or (3) implement a material modification to the Treaty Between the United States of America and Cuba signed at Washington, DC, on May 29, 1934, that constructively closes Guantanamo.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4126 Introduced in House (IH)]

<DOC>






114th CONGRESS
  1st Session
                                H. R. 4126

  To clarify that any action by the President in contravention of the 
 restriction on transfer or release of individuals detained at United 
 States Naval Station, Guantanamo Bay, Cuba, is without legal effect, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2015

 Mr. Yoho (for himself, Mr. Meadows, Mr. Zinke, Mr. Brooks of Alabama, 
Mrs. McMorris Rodgers, Mr. Duncan of South Carolina, and Mr. Miller of 
   Florida) introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To clarify that any action by the President in contravention of the 
 restriction on transfer or release of individuals detained at United 
 States Naval Station, Guantanamo Bay, Cuba, is without legal effect, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guantanamo Transfer Prevention 
Act''.

SEC. 2. ABSENCE OF LEGAL EFFECT OF PRESIDENTIAL ACTION IN CONTRAVENTION 
              OF RESTRICTION ON TRANSFER OR RELEASE OF INDIVIDUALS 
              DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
              CUBA.

    (a) Prohibition on Transfers.--Pursuant to section 1034 of the 
National Defense Authorization Act for Fiscal Year 2014 (Public Law 
113-66; 127 Stat. 851), as amended by section 1033 of the Carl Levin 
and Howard P. ``Buck'' McKeon National Defense Authorization Act for 
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3492), the President is 
prohibited from using amounts authorized to be appropriated or 
otherwise made available to the Department of Defense to transfer, 
release, or assist in the transfer or release to or within the United 
States, its territories, or possessions of Khalid Sheikh Mohammed or 
any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after January 20, 2009, at United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    (b) Treatment of Executive Action.--Any action by the President in 
contravention of such section 1034, as so amended, is without legal 
effect.

SEC. 3. PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF FORCES AT OR 
              CLOSURE OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
              CUBA.

    No amounts authorized to be appropriated or otherwise made 
available for the Department of Defense for fiscal year 2016 may be 
used--
            (1) to close or abandon United States Naval Station, 
        Guantanamo Bay, Cuba;
            (2) to relinquish control of Guantanamo Bay to the Republic 
        of Cuba; or
            (3) to implement a material modification to the Treaty 
        Between the United States of America and Cuba signed at 
        Washington, DC, on May 29, 1934, that constructively closes 
        United States Naval Station, Guantanamo Bay.
                                 <all>