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Committee rejects McGovern amendment to prohibit DoD-funded transfers to countries where torture risk exists

5882593 · September 11, 2025

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Summary

Representative McGovern offered an amendment reaffirming section 241 of the Immigration and Nationality Act (INA) to prohibit use of Department of Defense funds to transfer individuals to countries where they face a substantial risk of torture; the committee rejected the motion.

Representative McGovern moved to make in order amendment No. 494 to H.R. 3838 to prohibit the use of Department of Defense funds to transport individuals to countries where there are substantial grounds to believe they would face torture. McGovern framed the amendment as a reaffirmation of section 241 of the Immigration and Nationality Act, which he said states U.S. policy against involuntary return to countries where the person would be at risk of torture.

Supporters described the amendment as consistent with existing law and argued it was a "common sense" clarification. Opponents did not secure adoption; the committee rejected the motion following a voice vote and a requested roll-call vote. The clerk reported the tally and the chair announced the noes had it; the amendment was not agreed to.

Because the motion was not agreed to, the committee did not make the proposed prohibition part of the rule governing consideration of H.R. 3838.