Vote Smart's Synopsis:

Vote to adopt an amendment to S 1197 that authorizes the transfer or release of individuals detained at Guantanamo Bay to the United States and specifies requirements that must be met for the transfer or release.

Highlights:

• Authorizes the Secretary of Defense to transfer a Guantanamo Bay detainee to the United States if the following requirements are met (Sec. 1033):
• The Secretary determines that the transfer is in the national security interests of the United States; 
• The Secretary determines that all appropriate measures have been taken to minimize the public safety risk associated with the detention and trial of the detainee; and
• The Secretary notifies the appropriate Congressional committees of the potential transfer at least 30 days before the date on which the transfer is to occur.

• Prohibits the use of funds appropriated in this bill to transfer or release a Guantanamo detainee to or within the United States if the detainee meets the following conditions (Sec. 1033): 
• The detainee was held on or after January 20, 2009;
• The detainee is not a United States Citizen; and 
• The detainee is not a member of the Armed Forces.

• Prohibits a Guantanamo detainee who has been transferred into the United States from applying for asylum or for admission into the US (Sec. 1033).

• Prohibits the release of a transferred Guantanamo detainee within the United States (Sec. 1033).

• Specifies that a transferred Guantanamo detainee retains the right to challenge his or her designation as an unprivileged enemy belligerent by filing writs of habeas corpus (Sec. 1033).

• Prohibits a court, judge, or justice from hearing or considering action against the United States relating to any aspect of the detention, treatment, and transfer of a Guantanamo detainee (Sec. 1033).

• Specifies that the decision against transferring a particular detainee does not give rise to a judicial cause of action (Sec. 1033).

Full Bill Text

Full Bill Text