Detainee Transfer and Release Security Act of 2010

Detainee Transfer and Release Security Act of 2010 - Prohibits the President from releasing or transferring an individual currently detained at Naval Station, Guantanamo Bay, Cuba, to the custody of the individual's country of origin or to a third country unless the President certifies to Congress that: (1) such country is not a designated state sponsor of terrorism; (2) such country's government can secure and exercise control over all of its territory; (3) no portion of such country's territory serves as a safe haven for terrorists or insurgent groups, particularly al Qaeda; and (4) 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.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4490 Introduced in House (IH)]

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.
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