I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Keep Terrorists Out 

3 of America Act’’. 

4 SEC. 2. SENSE OF CONGRESS. 

5 It is the sense of Congress that individuals currently 

6 detained at Guantanamo should not be transferred or re7 leased into the sovereign territory of the United States. 

8 SEC. 3. REQUIREMENTS RELATING TO THE TRANSFER OR 

9 RELEASE OF INDIVIDUALS CURRENTLY DE10 TAINED AT GUANTANAMO TO SOVEREIGN 

11 TERRITORY OF UNITED STATES. 

12 (a) PROHIBITION.—The President or the President’s 

13 designee may not transfer or release an individual cur14 rently detained in Guantanamo to any State unless 60 

15 days prior to the transfer or release the President or the 

16 President’s designee completes the requirements in sub17 sections (b) and (c). 

18 (b) GOVERNOR AND STATE LEGISLATURE AP19 PROVAL.—The requirement under this subsection is 

20 that— 

21 (1) the President or the President’s designee 

22 submits to the governor and legislature of the State 

23 to which the President intends to transfer or release 

24 an individual currently detained in Guantanamo cer25 tification in writing (together with supporting docuVerDate Nov 24 2008 00:29 May 09, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2294.IH H2294

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1 mentation and justification) that the individual does 

2 not pose a security risk to the United States; and 

3 (2) after receiving the certification pursuant to 

4 paragraph (1), the governor and State legislature of 

5 that State consent to the transfer or release of the 

6 individual covered under this section. 

7 (c) PRESIDENTIAL NOTIFICATION AND CERTIFI8 CATION REQUIREMENT.—The requirement under this sub9 section is that the President submits to Congress, in writ10 ing, the following information: 

11 (1) The name of any individual to be trans12 ferred or released. 

13 (2) The location and the installation in the 

14 United States where the individual will be trans15 ferred or released. 

16 (3) A justification for why that location was se17 lected. 

18 (4) The findings of an analysis carried out by 

19 the President describing any risk to the national se20 curity of the United States or the residents of the 

21 United States that is posed by the transfer or re22 lease. 

23 (5) A certification that the President has miti24 gated any risk described in paragraph (4). 


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1 (6) A certification that the President has com2 pleted the requirements of subsection (b). 

3 (7) A certification that the President’s transfer 

4 or release under subsection (a) of an individual cov5 ered by this section will not adversely affect the Gov6 ernment’s ability to prosecute individuals covered 

7 under this section. 

8 (8) The findings of an analysis carried out by 

9 the President describing any adverse affect such 

10 transfer or release will have on the ability of the 

11 Government to prosecute individuals covered under 

12 this section. 

13 (9) A certification that the President’s transfer 

14 or release under subsection (a) of an individual cov15 ered by this section will not adversely affect the Gov16 ernment’s ability to detain individuals covered under 

17 the section. 

18 (10) The findings of an analysis carried out by 

19 the President describing any adverse affect such 

20 transfer or release will have on the ability of the 

21 Government to detain individuals covered under this 

22 section. 

23 (11) A certification that the President’s trans24 fer or release under subsection (a) of an individual 

25 covered by this section will not result in the release 


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1 of individuals covered under this section into the 

2 United States. 

3 (12) The findings of an analysis carried out by 

4 the President describing how the Federal Govern5 ment will ensure the transfer or release described in 

6 paragraph (11) will not result in the release of indi7 viduals covered under this section into the United 

8 States. 

9 (d) DEFINITION.—For purposes of this section, the 

10 terms ‘‘individual currently detained at Guantanamo’’ and 

11 ‘‘individual covered by this section’’ have the meaning 

12 given such terms under section 1(c) of Executive Order 

13 13492. 

Æ 


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