I 111th CONGRESS 2d Session H. R. 4490 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.

1.

Short title

This Act may be cited as the Detainee Transfer and Release Security Act of 2010.

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.