Sec. 1040. REPORT TO CONGRESS ON TERMS OF WRITTEN AGREEMENTS WITH FOREIGN COUNTRIES REGARDING TRANSFER OF DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA

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## SEC. 1040 REPORT TO CONGRESS ON TERMS OF WRITTEN AGREEMENTS WITH FOREIGN COUNTRIES REGARDING TRANSFER OF DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA ###

(a)Report Required ####

(1)In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report describing the terms of any written agreement between the United States Government and the government of the foreign country concerned regarding each individual detained at Guantanamo who was transferred to a foreign country pursuant to a negotiated transfer. ####

(2)Statement on lack of written agreement If an individual detained at Guantanamo was transferred to a foreign country pursuant to a negotiated transfer and no written agreement exists between the United States Government and the government of the foreign country regarding the transfer of such individual, the report under paragraph

(1)shall include an unclassified statement of that fact. ####

(3)Arrangements when lack of written agreement The report under paragraph

(1)shall also provide a description of the types and frequency of arrangements or assurances applicable to negotiated transfers covered by paragraph (2). ####

(4)Form The report under paragraph

(1)may be submitted in classified form, except as provided in paragraph (2). ###

(b)Definitions In this section: ####

(1)The term “appropriate committees of Congress” means— #####

(A)the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and #####

(B)the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. ####

(2)The term “individual detained at Guantanamo” means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who— #####

(A)is not a citizen of the United States or a member of the Armed Forces of the United States; and #####

(B)is— ######

(i)in the custody or under the control of the Department of Defense; or ######

(ii)otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.