H.R. 2647: 2010 National Defense Authorization Act
aka Military Commissions Act of 2009
Click HERE to read the entire bill provided by the Library of Congress
Click HERE to read the entire bill provided by the Library of Congress
SEC. 1041. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) RELEASE PROHIBITION.—During the period beginning on October 1, 2009, and ending on December 31, 2010, the Secretary of Defense may not use any of the amounts authorized to be appropriated in this Act or otherwise available to the Department of Defense to release into the United States, its territories, or possessions, any individual described in subsection (e).
(b) TRANSFER LIMITATION.—During the period beginning on October 1, 2009, and ending on December 31, 2010, the Secretary of Defense may not use any of the amounts authorized to be
appropriated in this Act or otherwise available to the Department of Defense to transfer any individual described in subsection (e) to the United States, its territories, or possessions, until 45 days
after the President has submitted to the congressional defense committees the plan described in subsection (c).
(c) COMPREHENSIVE PLAN REQUIRED.—The President shall submit to the congressional defense committees a plan for the disposition of each individual described in subsection (e) who is proposed to be transferred to the United States, its territories, or possessions. Such plan for each individual shall include, at a
minimum—
(1) an assessment of the risk that the individual described in subsection (e) poses to the national security of the United States, its territories, or possessions;
(2) a proposal for the disposition of each such individual;
(3) the measures to be taken to mitigate any risks described in paragraph (1);
(4) the location or locations at which the individual will be held under the proposal for disposition required by paragraph (2);
(5) the costs associated with executing the plan, including technical and financial assistance required to be provided to State and local law enforcement agencies, if necessary, to carry out the plan;
(6) a summary of the consultation required in subsection (d); and
(7) a certification by the Attorney General that under the plan the individual poses little or no security risk to the United States, its territories, or possessions.
(d) CONSULTATION REQUIRED.—The President shall consult with the chief executive of the State, the District of Columbia, or the territory or possession of the United States to which the disposition in subsection (c)(2) includes transfer to that State, District of Columbia, or territory or possession.
(e) DETAINEES DESCRIBED.—An individual described in this subsection is any individual who is located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who—
(1) is NOT a citizen of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at the United States
Naval Station, Guantanamo Bay, Cuba.
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