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Shown Here: Introduced in House (01/21/2010)
111th CONGRESS 2d Session
H. R. 4490
To require the President to submit certain certifications
to Congress before transferring or releasing an individual detained at Naval
Station, Guantanamo Bay, Cuba, to the custody of another
country.
IN THE HOUSE OF REPRESENTATIVES
January 21, 2010
Mr. McKeon (for
himself, Mr. Wilson of South Carolina,
Mr. Wittman,
Mr. Akin, Mr. Franks of Arizona,
Mr. Forbes,
Mr. Rogers of Alabama,
Mrs. McMorris Rodgers,
Mr. Shuster,
Mr. Platts,
Mr. LoBiondo,
Mr. Kline of Minnesota,
Mr. Bishop of Utah,
Mr. Turner,
Mr. Conaway,
Mr. Rooney,
Mr. Hunter,
Ms. Fallin,
Mr. Lamborn,
Mr. Thornberry,
Mr. Jones,
Mr. Miller of Florida,
Mr. Fleming,
Mr. Coffman of Colorado,
Mr. Boehner,
Mr. Carter,
Mr. Smith of Texas,
Mr. Hoekstra,
Mr. Gingrey of Georgia,
Ms. Ros-Lehtinen,
Mr. King of New York,
Mr. Cantor,
Mrs. Miller of Michigan, and
Mr. McCarthy of California) introduced
the following bill; which was referred to the
Committee on Armed
Services
A BILL
To require the President to submit certain certifications
to Congress before transferring or releasing an individual detained at Naval
Station, Guantanamo Bay, Cuba, to the custody of another
country.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1.Short title.
This Act may be cited as the
“Detainee Transfer and Release Security
Act of 2010”.
SEC. 2. Limitation on the
transfer or release of individuals detained at Naval Station, Guantanamo Bay,
Cuba.
(a) Transfer or
release limitation.—The
President or the President’s designee may not release or transfer an individual
currently detained at Guantanamo to the custody of the individual’s country of
origin or to a third country unless the President makes the certification
described in subsection (b).
(b) Presidential
certification.—The
certification described in this subsection is a written certification that the
President submits to Congress that contains each of the following with respect
to an individual currently detained at Guantanamo or an individual covered by
this section who is proposed to be transferred to or released into the custody
of another country:
(1) A
certification that the country to which the individual is to be transferred or
released is not a designated state sponsor of terrorism.
(2) A
certification that such country’s government can secure and exercise control
over all of its territory.
(3) A
certification that no portion of such country’s territory serves as a safe
haven for terrorists or insurgent groups in the region, particularly al Qaeda,
in which such a group may be able to plan, organize, and support terrorist
operations.
(4) A
certification that there is no confirmed case of any individual who had been
detained at Guantanamo who reengaged in terrorist activities subsequent to
being transferred or released to such country.
(c) Definition.—For
purposes of this section, the term “individual currently detained at
Guantanamo” has the meaning given such terms under section 1(c) of
Executive Order 13492.