I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


dcolon on DSK2BSOYB1PROD with BILLS
2 

•HR 4490 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Detainee Transfer and 

3 Release Security Act of 2010’’. 

4 SEC. 2. LIMITATION ON THE TRANSFER OR RELEASE OF IN5 DIVIDUALS DETAINED AT NAVAL STATION, 

6 GUANTANAMO BAY, CUBA. 

7 (a) TRANSFER OR RELEASE LIMITATION.—The 

8 President or the President’s designee may not release or 

9 transfer an individual currently detained at Guantanamo 

10 to the custody of the individual’s country of origin or to 

11 a third country unless the President makes the certifi12 cation described in subsection (b). 

13 (b) PRESIDENTIAL CERTIFICATION.—The certifi14 cation described in this subsection is a written certification 

15 that the President submits to Congress that contains each 

16 of the following with respect to an individual currently de17 tained at Guantanamo or an individual covered by this 

18 section who is proposed to be transferred to or released 

19 into the custody of another country: 

20 (1) A certification that the country to which the 

21 individual is to be transferred or released is not a 

22 designated state sponsor of terrorism. 

23 (2) A certification that such country’s govern24 ment can secure and exercise control over all of its 

25 territory. 


dcolon on DSK2BSOYB1PROD with BILLS
3 

•HR 4490 IH

1 (3) A certification that no portion of such coun2 try’s territory serves as a safe haven for terrorists 

3 or insurgent groups in the region, particularly al 

4 Qaeda, in which such a group may be able to plan, 

5 organize, and support terrorist operations. 

6 (4) A certification that there is no confirmed 

7 case of any individual who had been detained at 

8 Guantanamo who reengaged in terrorist activities 

9 subsequent to being transferred or released to such 

10 country. 

11 (c) DEFINITION.—For purposes of this section, the 

12 term ‘‘individual currently detained at Guantanamo’’ has 

13 the meaning given such terms under section 1(c) of Execu14 tive Order 13492. 

Æ 


dcolon on DSK2BSOYB1PROD with BILLS