Detaining Terrorists to Protect Americans Act of 2016

Detaining Terrorists to Protect Americans Act of 2016 This bill prohibits the use of funds 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 U.S. citizen or a member of the Armed Forces; and (2) is or was held by the Department of Defense (DOD) on or after January 20, 2009, at Naval Station Guantanamo Bay, Cuba. No funds may be used: to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo under DOD custody or control unless expressly authorized by Congress; or through FY2017 to transfer, release, or assist in the transfer or release of an individual detained at Guantanamo to any foreign country or foreign entity unless expressly authorized by Congress. "Individual detained at Guantanamo" means any individual located at Guantanamo as of October 1, 2009, who: (1) is not a U.S. citizen or a member of the Armed Forces; and (2) is under DOD custody or control, or otherwise under detention at Guantanamo. No funds 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 that constructively closes Guantanamo.