I 111th CONGRESS 1st Session H. R. 4086 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.

1.

short title

This Act may be cited as the Guantanamo Detainee Transfer Impact Assessment Act of 2009.

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.