SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Congress passed the Authorization to use 
Military Force in the wake of the devastating at-
tacks on United States soil on September 11, 2001. 
(2) Many persons captured during Operation 
Enduring Freedom and otherwise were transferred 
to Naval Station, Guantanamo Bay, Cuba (herein-
after in this section referred to as ‘‘Guantanamo 
Bay’’). 
(3) The detention facility at Guantanamo Bay 
is the only complex in the world that can safely hold 
individuals that pose a high-security risk to the 
United States. 
(4) Such facility is a secure location away from 
population centers, provides maximum security re-
quired to prevent escape, provides multiple levels of 
confinement opportunities based on compliance of 
the detainee, and provides medical care not available 
to a majority of the population of the world. 
(5) As of the date of the enactment of this Act, 
there are 198 individuals detained at Guantanamo 
Bay. 
(6) These detainees include terrorist trainers, 
terrorist financiers, bomb makers, Osama bin 
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Laden’s 
bodyguards, 
terrorist 
recruiters 
and 
facilitators, and would-be suicide bombers. 
(7) Detainees remaining at Guantanamo Bay 
fall into the following three categories: 
(A) Detainees who have been cleared for 
release, but for whom the United States has not 
been able to find a foreign country willing to 
accept them. 
(B) Detainees who have been tried, had 
charges referred to trial, or are awaiting for re-
ferral to trial, including for alleged violations of 
the law of war. 
(C) Detainees who either pose a high 
threat to the United States or who have been 
placed in preventive detention to stop them 
from returning to the battlefield. 
(8) Although 779 individuals have been trans-
ferred to Guantanamo Bay since early 2002, the 
substantial majority of Guantanamo Bay detainees 
have ultimately been transferred to a third country 
for continued detention or release. 
(9) Since 2002, of the 779 total detainees, more 
than 550 have departed Guantanamo Bay for other 
countries, including Albania, Afghanistan, Australia, 
Bangladesh, Bahrain, Belgium, Denmark, Egypt, 
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France, Iran, Iraq, Jordan, Kuwait, Kazakhstan, 
Libya, Maldives, Mauritania, Morocco, Pakistan, 
Qatar, Russia, Saudi Arabia, Spain, Sweden, Sudan, 
Tajikistan, Turkey, Uganda, the United Kingdom, 
United States, and Yemen. 
(10) In the Department of State publication en-
titled ‘‘Country Reports on Terrorism 2008’’, print-
ed on April 30, 2009, there are listed 22 nations 
and regions that are considered to be terrorist safe 
havens and 4 nations considered to be state sponsors 
of terrorism. 
(11) As of the date of the enactment of this 
Act, individuals who were detained at Guantanamo 
Bay have been transferred for detention or release 
to 4 of the 22 regions or nations considered terrorist 
safe havens and 2 of the 4 nations listed as State 
Sponsors of terrorism. 
(12) Iraq is recognized as a nation with ter-
rorist activity by the Department of State, and at 
least 7 individuals who were detained at Guanta-
namo Bay have been transferred to or released into 
Iraq. 
(13) Afghanistan is recognized as a terrorist 
safe haven by the Department of State, and at least 
199 individuals who were detained at Guantanamo 
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Bay have been transferred to or released into Af-
ghanistan. 
(14) Pakistan is recognized as a terrorist safe 
haven by the Department of State, and at least 63 
individuals who were detained at Guantanamo Bay 
have been transferred to or released into Pakistan. 
(15) Iran is recognized as ‘‘the most active 
state sponsor of terrorism’’ by the Department of 
State, and at least 2 individuals who were detained 
at Guantanamo Bay have been transferred to or re-
leased into Iran. 
(16) Sudan is recognized as a state sponsor of 
terrorism by the Department of State, and at least 
9 individuals who were detained at Guantanamo Bay 
have been transferred to or released into Sudan. 
(17) Yemen is recognized as a terrorist safe 
haven by the Department of State, and at least 21 
individuals who were detained at Guantanamo Bay 
have been transferred to or released into Yemen. 
(18) There are approximately 90 Yemeni na-
tionals who are detained at Guantanamo Bay as of 
the date of the enactment of this Act, approximately 
45 of which have been qualified for repatriation. 
(19) Said Ali al-Shihri, who is suspected of in-
volvement in the bombing of the United States Em-
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bassy in Yemen on September 17, 2008, was re-
leased from detention at Guantanamo Bay to Saudi 
Arabia in 2007, passed through a Saudi rehabilita-
tion program, and has resurfaced as the new deputy 
leader of al Qaeda in Yemen. 
(20) On December 25, 2009, there was an at-
tempted terrorist attack on American soil when 
Umar Farouk Abdulmutallab detonated an explosive 
device that fortunately malfunctioned. 
(21) Al Qaeda in Yemen has declared that it 
trained Abdulmutallab, who now has sworn charges 
against him, in terrorist activity. 
(22) Although President Obama has tempo-
rarily halted the transfer of Guantanamo Bay de-
tainees to Yemen, detainees are still permitted to be 
transferred to other nations recognized by the De-
partment of State as being complicit in terrorist ac-
tivity, being that they are terrorist safe havens or 
state sponsors of terrorism. 
(23) According to the Department of Defense 
special report entitled ‘‘Ex-Guantanamo Detainees 
Who Have Returned to the Fight’’ published on 
April 7, 2009, 14 percent of the former Guantanamo 
Bay detainees have been confirmed or suspected of 
reengaging in terrorist activities. 
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(24) The special report also says ‘‘of the more 
than 530 Guantanamo detainees transferred from 
Department of Defense custody at Guantanamo 
Bay, 27 were confirmed and 47 were suspected of 
reengaging in terrorist activity. Between December 
2008 and March 2009, nine detainees were added to 
the confirmed list, six of whom were previously on 
the suspected list.’’. 
(25) It has been reported that the recidivism 
rate for Guantanamo Bay detainees that have been 
transferred or released from the detention facility at 
Guantanamo Bay, Cuba, has risen from 14 percent 
to 20 percent since the special report was published. 
(26) The threat to the national security inter-
ests of the United States and the welfare of its peo-
ple is at a greater risk when Guantanamo Bay de-
tainees are transferred or released into nations rec-
ognized as terrorist safe havens or state sponsors of 
terrorism. 
(27) The world is globally connected and mobile 
and allows for the transport of individuals across na-
tional and international boundaries with minimal or 
no supervision. 
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SEC. 3. LIMITATION ON TRANSFER AND RELEASE OF INDI-
VIDUALS 
DETAINED 
AT 
NAVAL 
STATION, 
GUANTANAMO BAY, CUBA. 
No individual who is detained at Naval Station, 
Guantanamo Bay, Cuba, as of the date of the enactment 
of this Act, may be transferred or repatriated, for the pur-
poses of release or detention, into a nation or region that 
is recognized by the Department of State or the Depart-
ment of Defense as a haven of any manner, kind, or fash-
ion for terrorist activity or that has been classified as a 
state sponsor of terrorism. 
Æ 
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