I 

114TH CONGRESS 

2D SESSION H. R. 4895 

To establish various prohibitions regarding the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, 

and with respect to United States Naval Station, Guantanamo Bay, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 11, 2016 

Ms. JENKINS of Kansas introduced the following bill; which was referred to 

the Committee on Armed Services 

A BILL 

To establish various prohibitions regarding the transfer or 

release of individuals detained at United States Naval 

Station, Guantanamo Bay, Cuba, and with respect to 

United States Naval Station, Guantanamo Bay, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Detaining Terrorists 

5 to Protect Americans Act of 2016’’. 


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1 SEC. 2. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR 

2 RELEASE OF INDIVIDUALS DETAINED AT 

3 UNITED STATES NAVAL STATION, GUANTA4 NAMO BAY, CUBA, TO THE UNITED STATES. 

5 No amounts authorized to be appropriated or other6 wise made available may be used to transfer, release, or 

7 assist in the transfer or release to or within the United 

8 States, its territories, or possessions of Khalid Sheikh Mo9 hammed or any other detainee who— 

10 (1) is not a United States citizen or a member 

11 of the Armed Forces of the United States; and 

12 (2) is or was held on or after January 20, 

13 2009, at United States Naval Station, Guantanamo 

14 Bay, Cuba, by the Department of Defense. 

15 SEC. 3. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 

16 OR MODIFY FACILITIES IN THE UNITED 

17 STATES TO HOUSE DETAINEES TRANS18 FERRED FROM UNITED STATES NAVAL STA19 TION, GUANTANAMO BAY, CUBA. 

20 (a) IN GENERAL.—No amounts authorized to be ap21 propriated or otherwise made available may be used to 

22 construct or modify any facility in the United States, its 

23 territories, or possessions to house any individual detained 

24 at Guantanamo for the purposes of detention or imprison25 ment in the custody or under the control of the Depart26 ment of Defense unless expressly authorized by an Act of 


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1 Congress enacted after the date of the enactment of this 

2 Act. 

3 (b) EXCEPTION.—The prohibition in subsection (a) 

4 shall not apply to any modification of facilities at United 

5 States Naval Station, Guantanamo Bay, Cuba. 

6 (c) INDIVIDUAL DETAINED AT GUANTANAMO DE7 FINED.—In this section, the term ‘‘individual detained at 

8 Guantanamo’’ means any individual located at United 

9 States Naval Station, Guantanamo Bay, Cuba, as of Octo10 ber 1, 2009, who— 

11 (1) is not a citizen of the United States or a 

12 member of the Armed Forces of the United States; 

13 and 

14 (2) is— 

15 (A) in the custody or under the control of 

16 the Department of Defense; or 

17 (B) otherwise under detention at United 

18 States Naval Station, Guantanamo Bay, Cuba. 

19 SEC. 4. SUSPENSION OF USE OF FUNDS TO TRANSFER OR 

20 RELEASE INDIVIDUALS DETAINED AT UNITED 

21 STATES NAVAL STATION, GUANTANAMO BAY, 

22 CUBA, TO FOREIGN COUNTRIES OR ENTITIES. 

23 (a) IN GENERAL.—Notwithstanding section 1034 of 

24 the National Defense Authorization Act for Fiscal Year 

25 2016 (Public Law 114–92; 129 Stat. 969; 10 U.S.C. 801 


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1 note), no amounts authorized to be appropriated or other2 wise made available may be used, during the period begin3 ning on the date of the enactment of this Act and ending 

4 on September 30, 2017, to transfer, release, or assist in 

5 the transfer or release of an individual detained at Guan6 tanamo to any foreign country or foreign entity unless ex7 pressly authorized by an Act of Congress enacted after 

8 the date of the enactment of this Act. 

9 (b) INDIVIDUAL DETAINED AT GUANTANAMO DE10 FINED.—In this section, the term ‘‘individual detained at 

11 Guantanamo’’ means any individual located at United 

12 States Naval Station, Guantanamo Bay, Cuba, as of Octo13 ber 1, 2009, who— 

14 (1) is not a citizen of the United States or a 

15 member of the Armed Forces of the United States; 

16 and 

17 (2) is— 

18 (A) in the custody or under the control of 

19 the Department of Defense; or 

20 (B) otherwise under detention at United 

21 States Naval Station, Guantanamo Bay, Cuba. 


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1 SEC. 5. PROHIBITION ON USE OF FUNDS FOR REALIGN2 MENT OF FORCES AT OR CLOSURE OF 

3 UNITED STATES NAVAL STATION, GUANTA4 NAMO BAY, CUBA. 

5 No amounts authorized to be appropriated or other6 wise made available may be used— 

7 (1) to close or abandon United States Naval 

8 Station, Guantanamo Bay, Cuba; 

9 (2) to relinquish control of Guantanamo Bay to 

10 the Republic of Cuba; or 

11 (3) to implement a material modification to the 

12 Treaty Between the United States of America and 

13 Cuba signed at Washington, DC, on May 29, 1934, 

14 that constructively closes United States Naval Sta15 tion, Guantanamo Bay. 

Æ 


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