Page:United States Statutes at Large Volume 124.djvu/4377

124 STAT. 4351 PUBLIC LAW 111–383—JAN. 7, 2011 Subtitle D—Counterterrorism SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR COMBATING TERRORISM. Section 127b(c)(3)(C) of title 10, United States Code, is amended by striking ‘‘2010’’ and inserting ‘‘2011’’. SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. None of the funds authorized to be appropriated by this Act for fiscal year 2011 may be used to transfer, release, or assist in the transfer or release to or within the United States, its terri- tories, or possessions of Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Depart- ment of Defense. SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OF INDIVIDUALS DETAINED AT NAVAL STA- TION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES. (a) LIMITATION.— (1) IN GENERAL.—Except as provided in paragraph (2), during the one-year period beginning on the date of the enact- ment of this Act, the Secretary of Defense may not use any of the amounts authorized to be appropriated by this Act or otherwise available to the Department of Defense to transfer any individual detained at Guantanamo to the custody or effec- tive control of the individual’s country of origin, any other foreign country, or any other foreign entity unless the Secretary submits to Congress the certification described in subsection (b) by not later than 30 days before the transfer of the indi- vidual. (2) EXCEPTION.—Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction. The Secretary shall notify Congress promptly upon issuance of any such order. (b) CERTIFICATION.—The certification described in this sub- section is a written certification made by the Secretary of Defense, with the concurrence of the Secretary of State, that the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantanamo is to be transferred— (1) is not a designated state sponsor of terrorism or a designated foreign terrorist organization; (2) maintains effective control over each detention facility in which an individual is to be detained if the individual is to be housed in a detention facility; (3) is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual; Notification. Time period. Deadline. Khalid Sheikh Mohammed.