[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4086 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4086

  To require that certain conditions be met before the transfer of an 
      individual detained at Naval Station, Guantanamo Bay, Cuba.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2009

   Mr. Kirk introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To require that certain conditions be met before the transfer of an 
      individual detained at Naval Station, Guantanamo Bay, Cuba.

    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 Detainee Transfer Impact 
Assessment Act of 2009''.

SEC. 2. REQUIREMENTS RELATING TO TRANSFER OF GUANTANAMO DETAINEES.

    (a) Requirements Relating to Transfer.--A Guantanamo detainee may 
not be transferred to any State unless the following 3 conditions have 
been met at least 60 days before the transfer:
            (1) A Homeland Insecurity Impact Statement has been 
        prepared in accordance with subsection (b).
            (2) The President has submitted a copy of the Homeland 
        Insecurity Impact Statement to each of the following--
                    (A) Congress;
                    (B) the Governor of the State to which the 
                Guantanamo detainee is to be transferred; and
                    (C) the legislature of that State.
            (3) The legislature of that State has consented to the 
        transfer by a majority vote.
    (b) Homeland Insecurity Impact Statement.--
            (1) Preparation.--The Homeland Insecurity Impact Statement 
        referred to in subsection (a) shall be prepared by the 
        Comptroller General in consultation with--
                    (A) the Inspector General of the Department of 
                Homeland Security;
                    (B) the Inspector General of the Federal Bureau of 
                Investigations; and
                    (C) the Inspector General of the Office of the 
                Director of National Intelligence.
            (2) Form and content.--The Homeland Insecurity Impact 
        Statement referred to in subsection (a) shall be in writing and 
        shall include--
                    (A) the name of the Guantanamo detainee to be 
                transferred;
                    (B) the location and the name of the installation 
                to which the Guantanamo detainee is to be transferred;
                    (C) an explanation as to why that location has been 
                selected; and
                    (D) an assessment of any risks which transferring 
                the Guantanamo detainee to that location poses to--
                            (i) the security of the United States;
                            (ii) the residents of the United States;
                            (iii) the United States Armed Forces; and
                            (iv) the intelligence community as that 
                        term is defined in section 3(4) of the National 
                        Security Act 1947 (50 U.S.C. 401a(4)).
    (c) Definitions.--In this section:
            (1) Guantanamo detainee.--The term ``Guantanamo detainee'' 
        means an individual who on November 1, 2009, is detained at 
        Naval Station, Guantanamo Bay, Cuba.
            (2) State.--The term ``State'' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands and any other territory or possession of the 
        United States.
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