123STA T . 21 78PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9(c)None o fth ef u n dsma dea v a il a b leinthiso r an y other A ct may be used to transfer an individual w ho is detained , as of J une 24 ,2 0 0 9 , at Naval S tation, G uantanamo B ay, C uba, into the continental U nited States, Alas k a, H awaii, or the D istrict of Columbia, into any of the United States territories of Guam, Amer - ican Samoa (AS), the United States V ir g in I slands (USVI), the Commonwealth of P uerto R ico and the Commonwealth of the Northern M ariana Islands (CNMI), for the p urposes of prosecuting such individual, or detaining such individual during legal pro- ceedings, until 4 5 days after the plan described in subsection (d) is received . (d) T he President shall submit to Congress, in classified form, a plan regarding the proposed disposition of any individual covered by subsection (c) who is detained as of June 24, 2009. Such plan shall include, at a minimum, each of the following for each such individual
( 1 ) A determination of the risk that the individual might instigate an act of terrorism within the continental United States, Alaska, Hawaii, the District of Columbia, or the United States territories if the individual were so transferred. (2) A determination of the risk that the individual might advocate, coerce, or incite violent e x tremism, ideologically moti- vated criminal activity, or acts of terrorism, among inmate populations at incarceration facilities within the continental United States, Alaska, Hawaii, the District of Columbia, or the United States territories if the individual were transferred to such a facility. ( 3 ) The costs associated with transferring the individual in q uestion. (4) The legal rationale and associated court demands for transfer. (5) A plan for mitigation of any risks described in para- graphs (1), (2), and ( 7 ). ( 6 ) A copy of a notification to the Governor of the State to which the individual will be transferred, to the Mayor of the District of Columbia if the individual will be transferred to the District of Columbia, or to any United States territories 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 j ustification) that the individual poses little or no security risk to the United States. (7) An assessment of any risk to the national security of the United States or its citi z ens, including members of the Armed Services of the United States, that is posed by such transfer and the actions taken to mitigate such risk. (e) None of the funds made available in this or any other Act may be used to transfer or release an individual detained at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such individual ’ s nationality or last habitual residence or to any other country other than the United States or to a freely associated State, unless the President submits to the Congress, in classified form, at least 15 days prior to such transfer or release, the following information: (1) The name of any individual to be transferred or released and the country or the freely associated State to which such individual is to be transferred or released. Presid e nt.Cla ssi f ied inf o r m ation. D eadline. N otifi c ation. Deadline. President. Classified information. Dis p osition plan. Deadline.
