124 STAT. 4352 PUBLIC LAW 111–383—JAN. 7, 2011 (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 enact- ment of this Act, the Secretary of Defense may not use any amount authorized to be appropriated or otherwise made avail- able 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 Sta- tion, 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). Notification. Determination. Time period.
