II 

110TH CONGRESS 

1ST SESSION S. 1469 

To require the closure of the Department of Defense detention facility at 

Guantanamo Bay, Cuba, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2007 

Mr. HARKIN introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To require the closure of the Department of Defense detention facility at Guantanamo Bay, Cuba, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guantanamo Bay De5 tention Facility Closure Act of 2007’’. 

6 SEC. 2. CLOSURE OF GUANTANAMO BAY DETENTION FACIL7 ITY AND DISPOSITION OF DETAINEES. 

8 (a) CLOSURE OF FACILITY.—Not later than 120 days 

9 after the date of the enactment of this Act, the President 


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1 shall close the Department of Defense detention facility 

2 at Guantanamo Bay Cuba. 

3 (b) RESTRICTION ON USE OF FUNDS.— 

4 (1) RESTRICTION.—Except as provided in para5 graph (2), no amounts appropriated or otherwise 

6 made available for fiscal year 2007 or fiscal year 

7 2008 may be used for the Guantanamo Bay deten8 tion facility or for detention at the Guantanamo Bay 

9 detention facility of any foreign national who was 

10 detained at such facility on or after March 31, 2007. 

11 (2) EXCEPTIONS.—Amounts appropriated or 

12 otherwise made available for fiscal year 2007 or fis13 cal year 2008 may be used for the following pur14 poses related to the detention of foreign nationals 

15 who were detained at the Guantanamo Bay deten16 tion facility on any date between March 31, 2007 

17 and the date of enactment: 

18 (A) Transfer to the United States Discipli19 nary Barracks at Fort Leavenworth, Kansas, 

20 for purposes of pretrial detention or detention 

21 during a trial or while serving a sentence, of 

22 any such person who, not later than 120 days 

23 after the date of the enactment of this Act, is 

24 charged with an offense under chapter 47A of 

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1 tion 3 of the Military Commissions Act of 2006 

2 (Public Law 109–366), or with a felony offense 

3 under title 18, United States Code, or chapter 

4 47 of title 10, United States Code (the Uniform 

5 Code of Military Justice). 

6 (B) Continued detention at the Guanta7 namo Bay detention facility for an additional 

8 120-day period, not to continue more than 240 

9 days after the date of the enactment of this 

10 Act, upon written certification by the Secretary 

11 of Defense to the Chairmen and Ranking Mem12 bers of the Committees on Armed Services of 

13 the Senate and the House of Representatives 

14 that additional time is needed to complete the 

15 investigation and preparation of charges, in16 cluding a detailed factual explanation of the 

17 specific reasons why the additional time is need18 ed. 

19 (C) Transfer of any such person to another 

20 country, provided that— 

21 (i) the transfer complies with the Con22 vention Relating to the Status of Refugees, 

23 done at Geneva July 28, 1951, the United 

24 Nations Convention Against Torture and 

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1 grading Treatment or Punishment, done at 

2 New York December 10, 1984, and Fed3 eral law; and 

4 (ii) an individual being so transferred 

5 who is asserting a well founded fear of tor6 ture, abuse, or persecution has an oppor7 tunity to have the claim heard by the Ex8 ecutive Office for Immigration Review, 

9 subject to the same judicial review pro10 vided for in section 242(a)(4) of the Immi11 gration and Nationality Act (8 U.S.C. 

12 1252(a)(4)). 

13 (c) IMMIGRATION STATUS.—The transfer of an indi14 vidual under subsection (b)(2)(A) shall not be considered 

15 an entry into the United States for purposes of immigra16 tion status. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as may be 

19 necessary to carry out activities under this Act related to 

20 the investigation, prosecution, and defense of cases and 

21 claims relating to foreign nationals who were detained at 

22 the Guantanamo Bay detention facility on or after March 

23 31, 2007, and the transfer of such persons, including for 

24 the reimbursement of costs incurred by local communities. 

Æ 


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