[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2294 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2294

To require the approval of the relevant State governor and legislature 
and the President's notification and certification before the transfer 
or release of an individual currently detained at Guantanamo Bay, Cuba, 
      to a location in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2009

  Mr. Boehner (for himself, Mr. Cantor, Mr. Pence, Mr. McCotter, Mrs. 
McMorris Rodgers, Mr. Carter, Mr. Sessions, Mr. McCarthy of California, 
 Mr. Dreier, Mr. Blunt, Mr. McHugh, Mr. Hoekstra, Mr. Smith of Texas, 
 Mr. King of New York, Ms. Ros-Lehtinen, Mr. Lewis of California, Mr. 
  Young of Florida, Mr. Wolf, Ms. Granger, Mr. Shuster, Mr. Brown of 
South Carolina, Mr. Fleming, Mr. Simpson, Mr. Cole, Ms. Fallin, and Mr. 
   Austria) introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To require the approval of the relevant State governor and legislature 
and the President's notification and certification before the transfer 
or release of an individual currently detained at Guantanamo Bay, Cuba, 
      to a location in the United States, 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 ``Keep Terrorists Out of America 
Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that individuals currently detained at 
Guantanamo should not be transferred or released into the sovereign 
territory of the United States.

SEC. 3. REQUIREMENTS RELATING TO THE TRANSFER OR RELEASE OF INDIVIDUALS 
              CURRENTLY DETAINED AT GUANTANAMO TO SOVEREIGN TERRITORY 
              OF UNITED STATES.

    (a) Prohibition.--The President or the President's designee may not 
transfer or release an individual currently detained in Guantanamo to 
any State unless 60 days prior to the transfer or release the President 
or the President's designee completes the requirements in subsections 
(b) and (c).
    (b) Governor and State Legislature Approval.--The requirement under 
this subsection is that--
            (1) the President or the President's designee submits to 
        the governor and legislature of the State to which the 
        President intends to transfer or release an individual 
        currently detained in Guantanamo certification in writing 
        (together with supporting documentation and justification) that 
        the individual does not pose a security risk to the United 
        States; and
            (2) after receiving the certification pursuant to paragraph 
        (1), the governor and State legislature of that State consent 
        to the transfer or release of the individual covered under this 
        section.
    (c) Presidential Notification and Certification Requirement.--The 
requirement under this subsection is that the President submits to 
Congress, in writing, the following information:
            (1) The name of any individual to be transferred or 
        released.
            (2) The location and the installation in the United States 
        where the individual will be transferred or released.
            (3) A justification for why that location was selected.
            (4) The findings of an analysis carried out by the 
        President describing any risk to the national security of the 
        United States or the residents of the United States that is 
        posed by the transfer or release.
            (5) A certification that the President has mitigated any 
        risk described in paragraph (4).
            (6) A certification that the President has completed the 
        requirements of subsection (b).
            (7) A certification that the President's transfer or 
        release under subsection (a) of an individual covered by this 
        section will not adversely affect the Government's ability to 
        prosecute individuals covered under this section.
            (8) The findings of an analysis carried out by the 
        President describing any adverse affect such transfer or 
        release will have on the ability of the Government to prosecute 
        individuals covered under this section.
            (9) A certification that the President's transfer or 
        release under subsection (a) of an individual covered by this 
        section will not adversely affect the Government's ability to 
        detain individuals covered under the section.
            (10) The findings of an analysis carried out by the 
        President describing any adverse affect such transfer or 
        release will have on the ability of the Government to detain 
        individuals covered under this section.
            (11) A certification that the President's transfer or 
        release under subsection (a) of an individual covered by this 
        section will not result in the release of individuals covered 
        under this section into the United States.
            (12) The findings of an analysis carried out by the 
        President describing how the Federal Government will ensure the 
        transfer or release described in paragraph (11) will not result 
        in the release of individuals covered under this section into 
        the United States.
    (d) Definition.--For purposes of this section, the terms 
``individual currently detained at Guantanamo'' and ``individual 
covered by this section'' have the meaning given such terms under 
section 1(c) of Executive Order 13492.
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