[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1469 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1469

To require the closure of the Department of Defense detention facility 
            at Guantanamo Bay, Cuba, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2007

  Mr. Harkin introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To require the closure of the Department of Defense detention facility 
            at Guantanamo Bay, Cuba, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guantanamo Bay Detention Facility 
Closure Act of 2007''.

SEC. 2. CLOSURE OF GUANTANAMO BAY DETENTION FACILITY AND DISPOSITION OF 
              DETAINEES.

    (a) Closure of Facility.--Not later than 120 days after the date of 
the enactment of this Act, the President shall close the Department of 
Defense detention facility at Guantanamo Bay Cuba.
    (b) Restriction on Use of Funds.--
            (1) Restriction.--Except as provided in paragraph (2), no 
        amounts appropriated or otherwise made available for fiscal 
        year 2007 or fiscal year 2008 may be used for the Guantanamo 
        Bay detention facility or for detention at the Guantanamo Bay 
        detention facility of any foreign national who was detained at 
        such facility on or after March 31, 2007.
            (2) Exceptions.--Amounts appropriated or otherwise made 
        available for fiscal year 2007 or fiscal year 2008 may be used 
        for the following purposes related to the detention of foreign 
        nationals who were detained at the Guantanamo Bay detention 
        facility on any date between March 31, 2007 and the date of 
        enactment:
                    (A) Transfer to the United States Disciplinary 
                Barracks at Fort Leavenworth, Kansas, for purposes of 
                pretrial detention or detention during a trial or while 
                serving a sentence, of any such person who, not later 
                than 120 days after the date of the enactment of this 
                Act, is charged with an offense under chapter 47A of 
                title 10, United States Code, as added by section 3 of 
                the Military Commissions Act of 2006 (Public Law 109-
                366), or with a felony offense under title 18, United 
                States Code, or chapter 47 of title 10, United States 
                Code (the Uniform Code of Military Justice).
                    (B) Continued detention at the Guantanamo Bay 
                detention facility for an additional 120-day period, 
                not to continue more than 240 days after the date of 
                the enactment of this Act, upon written certification 
                by the Secretary of Defense to the Chairmen and Ranking 
                Members of the Committees on Armed Services of the 
                Senate and the House of Representatives that additional 
                time is needed to complete the investigation and 
                preparation of charges, including a detailed factual 
                explanation of the specific reasons why the additional 
                time is needed.
                    (C) Transfer of any such person to another country, 
                provided that--
                            (i) the transfer complies with the 
                        Convention Relating to the Status of Refugees, 
                        done at Geneva July 28, 1951, the United 
                        Nations Convention Against Torture and Other 
                        Forms of Cruel, Inhuman or Degrading Treatment 
                        or Punishment, done at New York December 10, 
                        1984, and Federal law; and
                            (ii) an individual being so transferred who 
                        is asserting a well founded fear of torture, 
                        abuse, or persecution has an opportunity to 
                        have the claim heard by the Executive Office 
                        for Immigration Review, subject to the same 
                        judicial review provided for in section 
                        242(a)(4) of the Immigration and Nationality 
                        Act (8 U.S.C. 1252(a)(4)).
    (c) Immigration Status.--The transfer of an individual under 
subsection (b)(2)(A) shall not be considered an entry into the United 
States for purposes of immigration status.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out activities 
under this Act related to the investigation, prosecution, and defense 
of cases and claims relating to foreign nationals who were detained at 
the Guantanamo Bay detention facility on or after March 31, 2007, and 
the transfer of such persons, including for the reimbursement of costs 
incurred by local communities.
                                 <all>