Supplemental Appropriations Act, 2009 (Enrolled as Agreed to or Passed by
Both House and Senate)[H.R.2346.ENR]
Latest Major Action: Became Public Law No: 111-32 [Text of PL 111-32 not
available on Thomas]
H.R.2346ENR
This Act may be cited as the `Supplemental Appropriations Act, 2009'.
Sec. 319. (a) Reports Required- Not later than 60 days after the date of
the enactment of this Act and every 90 days thereafter, the President shall
submit to the members and committees of Congress specified in subsection
(b) a report on the prisoner population at the detention facility at Naval
Station Guantanamo Bay, Cuba.
(b) Specified Members and Committees of Congress- The members and committees
of Congress specified in this subsection are the following:
(1) The majority leader and minority leader of the Senate.
(2) The Chairman and Ranking Member on the Committee on Armed Services of
the Senate.
(3) The Chairman and Vice Chairman of the Select Committee on Intelligence
of the Senate.
(4) The Chairman and Vice Chairman of the Committee on Appropriations of
the Senate.
(5) The Speaker of the House of Representatives.
(6) The minority leader of the House of Representatives.
(7) The Chairman and Ranking Member on the Committee on Armed Services of
the House of Representatives.
(8) The Chairman and Vice Chairman of the Permanent Select Committee on
Intelligence of the House of Representatives.
(9) The Chairman and Ranking Member of the Committee on Appropriations of
the House of Representatives.
(c) Matters To Be Included- Each report submitted under subsection (a) shall
include the following:
(1) The name and country of origin of each detainee at the detention facility
at Naval Station Guantanamo Bay, Cuba, as of the date of such report.
(2) A current summary of the evidence, intelligence, and information used
to justify the detention of each detainee listed under paragraph (1) at Naval
Station Guantanamo Bay.
(3) A current accounting of all the measures taken to transfer each detainee
listed under paragraph (1) to the individual's country of citizenship or
another country.
(4) A current description of the number of individuals released or transferred
from detention at Naval Station Guantanamo Bay who are confirmed or suspected
of returning to terrorist activities after release or transfer from Naval
Station Guantanamo Bay.
(5) An assessment of any efforts by al Qaeda to recruit detainees released
from detention at Naval Station Guantanamo Bay.
(d) Additional Matters To Be Included in Initial Report- The first report
submitted under subsection (a) shall also include the following:
(1) A description of the process that was previously used for screening the
detainees described by subsection (c)(4) prior to their release or transfer
from detention at Naval Station Guantanamo Bay, Cuba.
(2) An assessment of the adequacy of that screening process for reducing
the risk that detainees previously released or transferred from Naval Station
Guantanamo Bay would return to terrorist activities after release or transfer
from Naval Station Guantanamo Bay.
(3) An assessment of lessons learned from previous releases and transfers
of individuals who returned to terrorist activities for reducing the risk
that detainees released or transferred from Naval Station Guantanamo Bay
will return to terrorist activities after their release or transfer.
Sec. 14103. (a) None of the funds made available in this or any prior Act
may be used to release an individual who is detained as of the date of enactment
of this Act, at Naval Station, Guantanamo Bay, Cuba, into the continental
United States, Alaska, Hawaii, or the District of Columbia.
(b) None of the funds made available in this or any prior Act may be used
to transfer an individual who is detained as of the date of enactment of
this Act, at Naval Station, Guantanamo Bay, Cuba, for the purpose of detention
in the continental United States, Alaska, Hawaii, or the District of Columbia,
except as provided in subsection (c).
(c) None of the funds made available in this or any prior Act may be used
to transfer an individual who is detained, as of the date of enactment of
this Act, at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, for the purposes of
prosecuting such individual, or detaining such individual during legal
proceedings, until 45 days after the plan detailed in subsection (d) is received.
(d) The President shall submit to the Congress, in classified form, a plan
regarding the proposed disposition of any individual covered by subsection
(c) who is detained as of the date of enactment of this Act. Such plan shall
include, at a minimum, each of the following for each such individual:
(1) The findings of an analysis regarding any risk to the national security
of the United States that is posed by the transfer of the individual.
(2) The costs associated with transferring the individual in question.
(3) The legal rationale and associated court demands for transfer.
(4) A plan for mitigation of any risk described in paragraph (1).
(5) A copy of a notification to the Governor of the State to which the individual
will be transferred or to the Mayor of the District of Columbia if the individual
will be transferred to the District of Columbia with a certification by the
Attorney General of the United States in classified form at least 14 days
prior to such transfer (together with supporting documentation and justification)
that the individual poses little or no security risk to the United States.
(e) None of the funds made available in this or any prior Act may be used
to transfer or release an individual detained at Naval Station, Guantanamo
Bay, Cuba, as of the date of enactment of this Act, to the country of such
individual's nationality or last habitual residence or to any other country
other than the United States, unless the President submits to the Congress,
in classified form 15 days prior to such transfer, the following information:
(1) The name of any individual to be transferred or released and the country
to which such individual is to be transferred or released.
(2) An assessment of any risk to the national security of the United States
or its citizens, including members of the Armed Services of the United States,
that is posed by such transfer or release and the actions taken to mitigate
such risk.
(3) The terms of any agreement with another country for acceptance of such
individual, including the amount of any financial assistance related to such
agreement.
(f) Prior to the termination of detention operations at Naval Station, Guantanamo
Bay, Cuba, the President shall submit to the Congress a report in classified
form describing the disposition or legal status of each individual detained
at the facility as of the date of enactment of this Act.
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