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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Guantanamo Detainee 
Transfer Impact Assessment Act of 2009’’. 
SEC. 2. REQUIREMENTS RELATING TO TRANSFER OF GUAN-
TANAMO DETAINEES. 
(a) REQUIREMENTS RELATING TO TRANSFER.—A 
Guantanamo detainee may not be transferred to any State 
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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 consulta-
tion with— 
(A) the Inspector General of the Depart-
ment 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. 
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(2) FORM AND CONTENT.—The Homeland In-
security 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 in-
stallation 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 
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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 Is-
lands and any other territory or possession of the 
United States. 
Æ 
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