An amendment numbered 42 printed in House Report 112-88 to amend Section 1039 to allow transfer of detainees to the US to testify in federal court. The amendment strikes language barring transfer of detainees held abroad to the US. The amendment requires certification by the Attorney General prior to transfer.

1. 1

   Change 1: Inserts “, except for the purpose of prosecuting such individual in a United States court” before the period at the end

   InsertsPage 456, line 13Printed page

   Inserted: , except for the purpose of prosecuting such individual in a United States court

   Original wording

   Page 456, line 13, insert before the period at the end the following: “, except for the purpose of prosecuting such individual in a United States court”.

2. 2

   Change 2: Inserts new text on page 456, line 23

   InsertsPrinted page

   Inserted: (c) Transfer Limitation.--During fiscal year 2012, the Secretary of Defense may not use any of the amounts authorized to be appropriated in this Act or otherwise available to the Department of Defense to transfer any individual described in subsection (b) to the United States, its territories, or possessions, until 45 days after the President has submitted to the congressional defense committees the plan described in subsection (d).

   Inserted: (d) Comprehensive Plan Required.--The President shall submit to the congressional defense committees a plan for the disposition of each individual described in subsection (b) who is proposed to be transferred to the United States, its territories, or possessions. Such plan for each individual shall include, at a minimum--

   Inserted: (1) an assessment of the risk that the individual described in subsection (b) poses to the national security of the United States, its territories, or possessions;

   Inserted: (2) a proposal for the disposition of each such individual;

   Inserted: (3) the measures to be taken to mitigate any risks described in paragraph (1);

   Inserted: (4) the location or locations at which the individual will be held under the proposal for disposition required by paragraph (2);

   Inserted: (5) the costs associated with executing the plan, including technical and financial assistance required to be provided to State and local law enforcement agencies, if necessary, to carry out the plan;

   Inserted: (6) a summary of the consultation required in subsection (e); and

   Inserted: (7) a certification by the Attorney General that under the plan the individual poses little or no security risk to the United States, its territories, or possessions.

   Inserted: (e) Consultation Required.--The President shall consult with the chief executive of the State, the District of Columbia, or the territory or possession of the United States to which the disposition in subsection (d)(2) includes transfer to that State, District of Columbia, or territory or possession.

   Original wording

   Page 456, after line 23, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed