I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guantanamo Detainee 

5 Transfer Impact Assessment Act of 2009’’. 

6 SEC. 2. REQUIREMENTS RELATING TO TRANSFER OF GUAN7 TANAMO DETAINEES. 

8 (a) REQUIREMENTS RELATING TO TRANSFER.—A 

9 Guantanamo detainee may not be transferred to any State 


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1 unless the following 3 conditions have been met at least 

2 60 days before the transfer: 

3 (1) A Homeland Insecurity Impact Statement 

4 has been prepared in accordance with subsection (b). 

5 (2) The President has submitted a copy of the 

6 Homeland Insecurity Impact Statement to each of 

7 the following— 

8 (A) Congress; 

9 (B) the Governor of the State to which the 

10 Guantanamo detainee is to be transferred; and 

11 (C) the legislature of that State. 

12 (3) The legislature of that State has consented 

13 to the transfer by a majority vote. 

14 (b) HOMELAND INSECURITY IMPACT STATEMENT.— 

15 (1) PREPARATION.—The Homeland Insecurity 

16 Impact Statement referred to in subsection (a) shall 

17 be prepared by the Comptroller General in consulta18 tion with— 

19 (A) the Inspector General of the Depart20 ment of Homeland Security; 

21 (B) the Inspector General of the Federal 

22 Bureau of Investigations; and 

23 (C) the Inspector General of the Office of 

24 the Director of National Intelligence. 


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1 (2) FORM AND CONTENT.—The Homeland In2 security Impact Statement referred to in subsection 

3 (a) shall be in writing and shall include— 

4 (A) the name of the Guantanamo detainee 

5 to be transferred; 

6 (B) the location and the name of the in7 stallation to which the Guantanamo detainee is 

8 to be transferred; 

9 (C) an explanation as to why that location 

10 has been selected; and 

11 (D) an assessment of any risks which 

12 transferring the Guantanamo detainee to that 

13 location poses to— 

14 (i) the security of the United States; 

15 (ii) the residents of the United States; 

16 (iii) the United States Armed Forces; 

17 and 

18 (iv) the intelligence community as 

19 that term is defined in section 3(4) of the 

20 National Security Act 1947 (50 U.S.C. 

21 401a(4)). 

22 (c) DEFINITIONS.—In this section: 

23 (1) GUANTANAMO DETAINEE.—The term 

24 ‘‘Guantanamo detainee’’ means an individual who on 


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1 November 1, 2009, is detained at Naval Station, 

2 Guantanamo Bay, Cuba. 

3 (2) STATE.—The term ‘‘State’’ includes the 

4 District of Columbia, the Commonwealth of Puerto 

5 Rico, the Virgin Islands, Guam, American Samoa, 

6 and the Commonwealth of the Northern Mariana Is7 lands and any other territory or possession of the 

8 United States. 

Æ 


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