123STA T . 2 96 2 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 PROHIB I T IO N ON USE O F FUN D S S E C.427 . None o fth ef u n dsma dea v a il a b le unde r this Ac t ma y be distributed to the Association of C ommunity O r g ani z ations for R eform No w( ACORN ) or its subsidiaries. G U A NTANA M OBA Y DETAINEES , FUNDING RESTRICTIONS SEC. 42 8 . (a) None of the funds made available in this or any other Act may be used to release an individual who is detained, as of J une 24, 2 0 0 9 , at Naval Station, G uantanamo B ay, Cuba, 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, American Samoa (AS), the United States V irgin I slands (USVI), the Commonwealth of P uerto Rico and the Commonwealth of the Northern M ariana Islands (CNMI). (b) None of the funds made available in this or any other Act may be used to transfer an individual who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia, into any of the United States territories of Guam, Amer - ican Samoa (AS), the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI), for the p urpose of detention, e x cept as provided in subsection (c). (c) None of the funds made available in this or any other Act may be used to transfer an individual who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia, into any of the United States territories of Guam, Amer- ican Samoa (AS), the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI), for the purposes 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 extremism, 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). Presid e nt.Cla ssi f ied inf o r m ation. Plans. C ub a.
