I 
111TH CONGRESS 
2D SESSION 
H. R. 4600 
To prohibit the use of funds to transfer or release an individual detained 
at Guantanamo Bay Naval Base to the custody of another country. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2010 
Ms. ROS-LEHTINEN (for herself, Mr. BOEHNER, Mr. MCKEON, Mr. SMITH of 
Texas, Mr. KING of New York, Mr. HOEKSTRA, Mr. LEWIS of California, 
Ms. GRANGER, and Mr. PENCE) introduced the following bill; which was 
referred to the Committee on Foreign Affairs 
A BILL 
To prohibit the use of funds to transfer or release an indi-
vidual detained at Guantanamo Bay Naval Base to the 
custody of another country. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds the following: 
(1) On January 22, 2009, President Obama 
signed Executive Order 13492, requiring the deten-
tion facilities at the Guantanamo Bay Naval Base 
(Guantanamo) to be closed ‘‘as soon as practicable’’, 
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but not later than one year from the date of the 
order. 
(2) A task force of United States Government 
agencies, including the Departments of Homeland 
Security, Defense, State, and Justice and the Cen-
tral Intelligence Agency and the Federal Bureau of 
Investigation, has reportedly concluded that large 
numbers of the detainees held at the United States 
military facility at Guantanamo pose a severe and 
permanent threat United States national security 
and thus should be held indefinitely without trial 
under the laws of war. 
(3) Despite this conclusion by United States 
national security and intelligence agencies, the 
Obama Administration continues to plan for addi-
tional transfers of detainees to other countries. 
(4) According to a report by the Government 
Accountability Office, as of March 2009, the prin-
cipal ‘‘rehabilitation center’’ in Saudi Arabia used to 
rehabilitate 250 former Guantanamo detainees in 
order to prevent such detainees from resuming their 
war on the United States had a recidivism rate of 
20 percent. 
(5) In July 2007, a Department of Defense 
spokesman stated that, ‘‘Our reports indicate that at 
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least 30 former Guantanamo detainees have taken 
part in anti-coalition militant activities after leaving 
United States detention. Some have been killed in 
combat in Afghanistan and Pakistan.’’. According to 
the Department of Defense, the recidivism rate of all 
former Guantanamo detainees was 14 percent in 
May 2009. 
(6) In some instances, countries and organiza-
tions have expressed strong reluctance to accept any 
or additional former Guantanamo detainees, citing 
security as their primary concern, such as: 
(A) Australia: ‘‘Assessing those requests 
from a case-by-case basis, they had not met our 
stringent national security and immigration cri-
teria and have been rejected.’’, stated Julia 
Gillard, Acting Australian Prime Minister, on 
January 3, 2009. 
(B) Hungary: ‘‘Hungary is likely to take 
one or two former detainees provided they get 
the green light from parliament after a national 
security check-up. . . . We are going to study 
each case, taking the safety of Hungary and of 
Hungarians as our first priority.’’, announced 
Hungarian Foreign Ministry Spokeswoman 
Zsuzsanna Matrai on June 19, 2009. 
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(C) Switzerland: On January 12, 2010, in 
a 15–10 vote, a Swiss Parliamentary Security 
Committee voted against accepting any more 
detainees from Guantanamo, citing ‘‘height-
ened’’ security concerns due to the Christmas 
Detroit bombing attempt. 
(D) European Parliament: ‘‘Many of the 
detainees, for example, who went to Afghani-
stan after September 11, [2001,] have attended 
training camps for terrorists. And those who 
did so were no tourists wanting to admire the 
beauty of the country, but remain potential ter-
rorists.’’, stated Harthmuth Nassauer, a Ger-
man member of the European Parliament, on 
February 4, 2009. 
SEC. 2. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR 
RELEASE OF INDIVIDUALS DETAINED AT 
GUANTANAMO BAY NAVAL BASE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no funds made available to any relevant execu-
tive branch agency may be used to encourage, facilitate, 
or otherwise effect the transfer or release of any individual 
currently detained at Guantanamo to the custody of the 
individual’s country of origin or a third country unless the 
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President makes the certification described in subsection 
(b). 
(b) PRESIDENTIAL
CERTIFICATION.—The certifi-
cation described in this subsection is a written certification 
that the President submits to the appropriate congres-
sional committees that contains each of the following with 
respect to an individual currently detained at Guantanamo 
or an individual covered by this section who is proposed 
to be transferred or released into the custody of another 
country: 
(1) A certification that the government of the 
country— 
(A) exercises effective control over all of its 
territory; 
(B) does not allow any area of its territory 
to be used as a safe haven or sanctuary by ter-
rorists or insurgent groups, including Al Qaeda; 
and 
(C) has effectively and verifiably tracked 
the movements and activities of all individuals 
who had been detained at Guantanamo who are 
transferred or released into its custody, includ-
ing any individual who may have subsequently 
left the country, and has provided the United 
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States Government with all relevant informa-
tion relating thereto. 
(2) A certification that there is no confirmed 
case of any individual who had been detained at 
Guantanamo who reengaged in any actual or 
planned act of terrorism or threat to United States 
citizens or members of the United States Armed 
Forces subsequent to being transferred or released 
to such country. 
(c) ADDITIONAL PROHIBITION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, no funds made available to the De-
partment of State may be used to provide assistance 
to the government of a country to which an indi-
vidual currently detained at Guantanamo is to be 
transferred or released for use by the security forces 
of such country unless the President makes the cer-
tification described in subsection (b). 
(2) WAIVER.—The President may waive the 
prohibition of paragraph (1) if the President deter-
mines that— 
(A) it is vital to the national security of 
the United States to do so; and 
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(B) the government of the country has 
taken effective action to meet the requirements 
of subsection (b). 
SEC. 3. REPORT. 
(a) IN GENERAL.—Accompanying each certification 
submitted pursuant to section 2(b), and every 90 days 
thereafter, the Secretary of State shall submit to the ap-
propriate congressional committees a report that de-
scribes— 
(1) the ability and willingness of the govern-
ment of the country to which an individual currently 
detained at Guantanamo is to be transferred or re-
leased to continuously track the movements and ac-
tivities of all individuals who have been detained at 
Guantanamo who have been transferred or released 
to such country, including any such individuals who 
have subsequently left the country; 
(2) any activity by any individual who had been 
detained at Guantanamo who has been transferred 
or released to such country that has contributed to 
any actual or planned act of terrorism or threat to 
United States citizens or members of the United 
States Armed Forces subsequent to being trans-
ferred or released to such country; 
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(3) the extent to which the government of the 
country has provided the information described in 
paragraphs (1) and (2) to United States Govern-
ment authorities; and 
(4) the steps taken by the government of the 
country to comply with the requirements in this Act. 
(b) FORM.—The report required by subsection (a) 
shall be submitted in an unclassified form, but may con-
tain a classified annex. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Committee on Appropriations of the House 
of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Appropriations of the 
Senate. 
(2) INDIVIDUAL
CURRENTLY
DETAINED
AT 
GUANTANAMO.—The term ‘‘individual currently de-
tained at Guantanamo’’ has the meaning given the 
term under section 1(c) of Executive Order 13492. 
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(3) RELEVANT EXECUTIVE BRANCH AGENCY.— 
The term ‘‘relevant executive branch agency’’ 
means— 
(A) the Department of State; 
(B) the United States Agency for Inter-
national Development; and 
(C) any other United States Government 
department, agency, instrumentality, or rep-
resentative carrying out any provision of law 
that is classified under Budget Function 150 
(International Affairs). 
(4) SANCTUARY.—The term ‘‘sanctuary’’ has 
the meaning given the term in section 140(d)(5) of 
the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (22 U.S.C. 2656f(d)(5)). 
Æ 
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