Keep Terrorists Out of America Act - Expresses the sense of Congress that individuals currently detained at the Naval Station Guantanamo Bay, Cuba, should not be transferred or released into the United States.
Prohibits the President from transferring or releasing any such individual into the United States unless 60 days prior to such transfer: (1) the President submits to the governor and legislature of the state to which the President intends to transfer or release such an individual certification that the individual does not pose a security risk to the United States; (2) the governor and state legislature of the state in which the President intends to transfer an individual consent to the transfer; and (3) the President notifies the Congress of, among other things, the name of the individual being transferred, the installation the individual is being transferred to, a justification for the transfer, and a certification that the President has mitigated any risks to national security posed by the transfer.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Motion to Discharge Committee filed by Mr. Hoekstra. Petition No: 111-7. (<a href="http://clerk.house.gov/111/lrc/pd/Petitions/Dis7.htm">Discharge petition</a> text with signatures.)
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