I 

111TH CONGRESS 

2D SESSION H. R. 4464 

To prohibit the release or transfer of an individual detained at Naval Station, 

Guantanamo Bay, Cuba, into or to the custody of any country or region 

that is recognized by the Department of State or the Department of 

Defense as a haven for terrorist activity or that has been classified 

as a state sponsor of terrorism. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 2010 

Mr. GINGREY of Georgia (for himself, Mr. LINDER, Mr. BROUN of Georgia, 

Mr. BURTON of Indiana, Mr. OLSON, Mr. POSEY, and Mr. COBLE) introduced the following bill; which was referred to the Committee on Armed 

Services 

A BILL 

To prohibit the release or transfer of an individual detained 

at Naval Station, Guantanamo Bay, Cuba, into or to 

the custody of any country or region that is recognized 

by the Department of State or the Department of Defense as a haven for terrorist activity or that has been 

classified as a state sponsor of terrorism. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevent Terrorists 

5 from Reuniting with Terrorist Cells Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Congress passed the Authorization to use 

4 Military Force in the wake of the devastating at5 tacks on United States soil on September 11, 2001. 

6 (2) Many persons captured during Operation 

7 Enduring Freedom and otherwise were transferred 

8 to Naval Station, Guantanamo Bay, Cuba (herein9 after in this section referred to as ‘‘Guantanamo 

10 Bay’’). 

11 (3) The detention facility at Guantanamo Bay 

12 is the only complex in the world that can safely hold 

13 individuals that pose a high-security risk to the 

14 United States. 

15 (4) Such facility is a secure location away from 

16 population centers, provides maximum security re17 quired to prevent escape, provides multiple levels of 

18 confinement opportunities based on compliance of 

19 the detainee, and provides medical care not available 

20 to a majority of the population of the world. 

21 (5) As of the date of the enactment of this Act, 

22 there are 198 individuals detained at Guantanamo 

23 Bay. 

24 (6) These detainees include terrorist trainers, 

25 terrorist financiers, bomb makers, Osama bin 


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1 Laden’s bodyguards, terrorist recruiters and 

2 facilitators, and would-be suicide bombers. 

3 (7) Detainees remaining at Guantanamo Bay 

4 fall into the following three categories: 

5 (A) Detainees who have been cleared for 

6 release, but for whom the United States has not 

7 been able to find a foreign country willing to 

8 accept them. 

9 (B) Detainees who have been tried, had 

10 charges referred to trial, or are awaiting for re11 ferral to trial, including for alleged violations of 

12 the law of war. 

13 (C) Detainees who either pose a high 

14 threat to the United States or who have been 

15 placed in preventive detention to stop them 

16 from returning to the battlefield. 

17 (8) Although 779 individuals have been trans18 ferred to Guantanamo Bay since early 2002, the 

19 substantial majority of Guantanamo Bay detainees 

20 have ultimately been transferred to a third country 

21 for continued detention or release. 

22 (9) Since 2002, of the 779 total detainees, more 

23 than 550 have departed Guantanamo Bay for other 

24 countries, including Albania, Afghanistan, Australia, 

25 Bangladesh, Bahrain, Belgium, Denmark, Egypt, 


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1 France, Iran, Iraq, Jordan, Kuwait, Kazakhstan, 

2 Libya, Maldives, Mauritania, Morocco, Pakistan, 

3 Qatar, Russia, Saudi Arabia, Spain, Sweden, Sudan, 

4 Tajikistan, Turkey, Uganda, the United Kingdom, 

5 United States, and Yemen. 

6 (10) In the Department of State publication en7 titled ‘‘Country Reports on Terrorism 2008’’, print8 ed on April 30, 2009, there are listed 22 nations 

9 and regions that are considered to be terrorist safe 

10 havens and 4 nations considered to be state sponsors 

11 of terrorism. 

12 (11) As of the date of the enactment of this 

13 Act, individuals who were detained at Guantanamo 

14 Bay have been transferred for detention or release 

15 to 4 of the 22 regions or nations considered terrorist 

16 safe havens and 2 of the 4 nations listed as State 

17 Sponsors of terrorism. 

18 (12) Iraq is recognized as a nation with ter19 rorist activity by the Department of State, and at 

20 least 7 individuals who were detained at Guanta21 namo Bay have been transferred to or released into 

22 Iraq. 

23 (13) Afghanistan is recognized as a terrorist 

24 safe haven by the Department of State, and at least 

25 199 individuals who were detained at Guantanamo 


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1 Bay have been transferred to or released into Af2 ghanistan. 

3 (14) Pakistan is recognized as a terrorist safe 

4 haven by the Department of State, and at least 63 

5 individuals who were detained at Guantanamo Bay 

6 have been transferred to or released into Pakistan. 

7 (15) Iran is recognized as ‘‘the most active 

8 state sponsor of terrorism’’ by the Department of 

9 State, and at least 2 individuals who were detained 

10 at Guantanamo Bay have been transferred to or re11 leased into Iran. 

12 (16) Sudan is recognized as a state sponsor of 

13 terrorism by the Department of State, and at least 

14 9 individuals who were detained at Guantanamo Bay 

15 have been transferred to or released into Sudan. 

16 (17) Yemen is recognized as a terrorist safe 

17 haven by the Department of State, and at least 21 

18 individuals who were detained at Guantanamo Bay 

19 have been transferred to or released into Yemen. 

20 (18) There are approximately 90 Yemeni na21 tionals who are detained at Guantanamo Bay as of 

22 the date of the enactment of this Act, approximately 

23 45 of which have been qualified for repatriation. 

24 (19) Said Ali al-Shihri, who is suspected of in25 volvement in the bombing of the United States EmVerDate Nov 24 2008 03:42 Jan 20, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4464.IH H4464

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1 bassy in Yemen on September 17, 2008, was re2 leased from detention at Guantanamo Bay to Saudi 

3 Arabia in 2007, passed through a Saudi rehabilita4 tion program, and has resurfaced as the new deputy 

5 leader of al Qaeda in Yemen. 

6 (20) On December 25, 2009, there was an at7 tempted terrorist attack on American soil when 

8 Umar Farouk Abdulmutallab detonated an explosive 

9 device that fortunately malfunctioned. 

10 (21) Al Qaeda in Yemen has declared that it 

11 trained Abdulmutallab, who now has sworn charges 

12 against him, in terrorist activity. 

13 (22) Although President Obama has tempo14 rarily halted the transfer of Guantanamo Bay de15 tainees to Yemen, detainees are still permitted to be 

16 transferred to other nations recognized by the De17 partment of State as being complicit in terrorist ac18 tivity, being that they are terrorist safe havens or 

19 state sponsors of terrorism. 

20 (23) According to the Department of Defense 

21 special report entitled ‘‘Ex-Guantanamo Detainees 

22 Who Have Returned to the Fight’’ published on 

23 April 7, 2009, 14 percent of the former Guantanamo 

24 Bay detainees have been confirmed or suspected of 

25 reengaging in terrorist activities. 


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1 (24) The special report also says ‘‘of the more 

2 than 530 Guantanamo detainees transferred from 

3 Department of Defense custody at Guantanamo 

4 Bay, 27 were confirmed and 47 were suspected of 

5 reengaging in terrorist activity. Between December 

6 2008 and March 2009, nine detainees were added to 

7 the confirmed list, six of whom were previously on 

8 the suspected list.’’. 

9 (25) It has been reported that the recidivism 

10 rate for Guantanamo Bay detainees that have been 

11 transferred or released from the detention facility at 

12 Guantanamo Bay, Cuba, has risen from 14 percent 

13 to 20 percent since the special report was published. 

14 (26) The threat to the national security inter15 ests of the United States and the welfare of its peo16 ple is at a greater risk when Guantanamo Bay de17 tainees are transferred or released into nations rec18 ognized as terrorist safe havens or state sponsors of 

19 terrorism. 

20 (27) The world is globally connected and mobile 

21 and allows for the transport of individuals across na22 tional and international boundaries with minimal or 

23 no supervision. 


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1 SEC. 3. LIMITATION ON TRANSFER AND RELEASE OF INDI2 VIDUALS DETAINED AT NAVAL STATION, 

3 GUANTANAMO BAY, CUBA. 

4 No individual who is detained at Naval Station, 

5 Guantanamo Bay, Cuba, as of the date of the enactment 

6 of this Act, may be transferred or repatriated, for the pur7 poses of release or detention, into a nation or region that 

8 is recognized by the Department of State or the Depart9 ment of Defense as a haven of any manner, kind, or fash10 ion for terrorist activity or that has been classified as a 

11 state sponsor of terrorism. 

Æ 


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