SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OF
INDIVIDUALS DETAINED AT NAVAL STATION,
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 enactment 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 effective 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 individual.
(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 subsection
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;

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(4) has agreed to take effective steps to ensure that the
individual cannot take action to threaten the United States, its
citizens, or its allies in the future;
(5) has taken such steps as the Secretary determines are
necessary to ensure that the individual cannot engage or re-
engage in any terrorist activity; and
(6) has agreed to share any information with the United
States that--
(A) is related to the individual or any associates
of the individual; and
(B) could affect the security of the United States,
its citizens, or its allies.

(c) Prohibition and Waiver in Cases of Prior Confirmed Recidivism.--
(1) > Prohibition.--Except as provided
in paragraph (3), during the one-year period beginning on the
date of the enactment of this Act, the Secretary of Defense may
not use any amount authorized to be appropriated or otherwise
made available to the Department of Defense to transfer any
individual detained at Guantanamo to the custody or effective
control of the individual's country of origin, any other foreign
country, or any other foreign entity if there is a confirmed
case of any individual who was detained at United States Naval
Station, Guantanamo Bay, Cuba, at any time after September 11,
2001, who was transferred to the foreign country or entity and
subsequently engaged in any terrorist activity.
(2) > Waiver.--The Secretary of
Defense may waive the prohibition in paragraph (1) if the
Secretary determines that such a transfer is in the national
security interests of the United States and includes, as part of
the certification described in subsection (b) relating to such
transfer, the determination of the Secretary under this
paragraph.
(3) 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.

(d) Definitions.--For the purposes of this section:
(1) The term ``individual detained at Guantanamo'' means any
individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the effective
control of the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(2) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).