Vote Smart's Synopsis:

Vote to adopt an amendment to S 1197 that prohibits the Department of Defense from using funds for the transfer or the release of individuals detained at Guantanamo Bay.

Highlights:

• Prohibits the Secretary of the Department of Defense from using funds to transfer an individual detained at Guantanamo Bay to Yemen or to any foreign entity, unless the foreign entity obtains a certification from the Secretary.

• Prohibits the transfer of an individual to any foreign entity if there is a confirmed case of any individual detained at Guantanamo Bay after September 11, 2001 who engaged in terrorist activity after being transferred to a foreign entity.

• Authorizes the Secretary to waive the certification requirement or confirmed case requirement for the transfer of an individual detained at Guantanamo Bay to a foreign entity under certain circumstances including, but not limited to, the following circumstances:
• The transfer is in the national security interests of the United States; and
• Alternative actions will be taken to “substantially” mitigate the possibility of recidivism.

• Exempts the Secretary from the provisions of this bill if the transfer of an individual detained at Guantanamo Bay is made necessary to abide by an order of a court or competent tribunal of the United States. 

• Prohibits the funds appropriated to the Department to be used to transfer, release, or assist in the transfer or release of an individual detained at Guantanamo Bay to the custody or control of the Republic of Yemen or any entity within Yemen, until December 31, 2014. 

• Prohibits the funds appropriated to the Department for fiscal year 2014 to be used to transfer, release, or to or within the United States or the territories or possessions of the United States if the individual meets the following criteria:
• The individual is not a United States citizen or a member armed forces of the United States; and
• The individual is or was held at Guantanamo Bay on or after January 20, 2009.

• Exempts an individual who is transferred to Guantanamo Bay after the date of the enactment of this act from the prohibition on the transfer or release to the United States.

Full Bill Text

Full Bill Text