Sec. 1113. ### (a)
717 words·~3 min read·
/statute-compilations/comps-9551/sec-1113A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1113 ###
(a)####
(1)Notwithstanding section 1101, except as provided in paragraph (2), none of the funds appropriated or otherwise made available in this division or any other Act (including division A of this Act) may be used to transfer any individual detained at Guantanamo to the custody or effective control of the individual’s country of origin, any other foreign country, or any other foreign entity unless the Secretary of Defense submits to Congress the certification described in subsection
(b)by not later than 30 days before the transfer of the individual. ####
(2)Paragraph
(1)shall not apply to any action taken by the Secretary of Defense to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction. The Secretary of Defense shall notify Congress promptly upon issuance of any such order. ###
(b)The certification described in this subsection is a written certification made by the Secretary of Defense, with the concurrence of the Secretary of State, that the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantanamo is to be transferred— ####
(1)is not a designated state sponsor of terrorism or a designated foreign terrorist organization; ####
(2)maintains effective control over each detention facility in which an individual is to be detained if the individual is to be housed in a detention facility; ####
(3)is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual; ####
(4)has agreed to take effective steps to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future; ####
(5)has taken such steps as the Secretary determines are necessary to ensure that the individual cannot engage or re-engage in any terrorist activity; and ####
(6)has agreed to share any information with the United States that— #####
(A)is related to the individual or any associates of the individual; and #####
(B)could affect the security of the United States, its citizens, or its allies. ###
(c)####
(1)Except as provided in paragraph (3), none of the funds appropriated or otherwise made available in this division or any other Act (including division A of this Act) may be used to transfer any individual detained at Guantanamo to the custody or effective control of the individual’s country of origin, any other foreign country, or any other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station, Guantanamo Bay, Cuba, at any time after September 11, 2001, who was transferred to the foreign country or entity and subsequently engaged in any terrorist activity. ####
(2)The Secretary of Defense may waive the prohibition in paragraph
(1)if the Secretary determines that such a transfer is in the national security interests of the United States and includes, as part of the certification described in subsection
(b)relating to such transfer, the determination of the Secretary under this paragraph. ####
(3)Paragraph
(1)shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction. The Secretary shall notify Congress promptly upon issuance of any such order. ###
(d)For the purposes of this section: ####
(1)The term “individual detained at Guantanamo” means any individual who is 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 effective control of the Department of Defense; or ######
(ii)otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. ####
(2)The term “foreign terrorist organization” means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
Connectionstraces to 1
Traces to 1 document