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 re-
leased into the sovereign territory of the United States. 
SEC. 3. REQUIREMENTS RELATING TO THE TRANSFER OR 
RELEASE OF INDIVIDUALS CURRENTLY DE-
TAINED AT GUANTANAMO TO SOVEREIGN 
TERRITORY OF UNITED STATES. 
(a) PROHIBITION.—The President or the President’s 
designee may not transfer or release an individual cur-
rently 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 sub-
sections (b) and (c). 
(b) GOVERNOR
AND
STATE
LEGISLATURE
AP-
PROVAL.—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 cer-
tification in writing (together with supporting docu-
VerDate Nov 24 2008 
00:29 May 09, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2294.IH
H2294
smartinez on PROD1PC64 with BILLS
mentation 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
CERTIFI-
CATION REQUIREMENT.—The requirement under this sub-
section is that the President submits to Congress, in writ-
ing, the following information: 
(1) The name of any individual to be trans-
ferred or released. 
(2) The location and the installation in the 
United States where the individual will be trans-
ferred or released. 
(3) A justification for why that location was se-
lected. 
(4) The findings of an analysis carried out by 
the President describing any risk to the national se-
curity of the United States or the residents of the 
United States that is posed by the transfer or re-
lease. 
(5) A certification that the President has miti-
gated any risk described in paragraph (4). 
VerDate Nov 24 2008 
00:29 May 09, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2294.IH
H2294
smartinez on PROD1PC64 with BILLS
(6) A certification that the President has com-
pleted the requirements of subsection (b). 
(7) A certification that the President’s transfer 
or release under subsection (a) of an individual cov-
ered by this section will not adversely affect the Gov-
ernment’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 cov-
ered by this section will not adversely affect the Gov-
ernment’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 trans-
fer or release under subsection (a) of an individual 
covered by this section will not result in the release 
VerDate Nov 24 2008 
00:29 May 09, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2294.IH
H2294
smartinez on PROD1PC64 with BILLS
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 Govern-
ment will ensure the transfer or release described in 
paragraph (11) will not result in the release of indi-
viduals 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. 
Æ 
VerDate Nov 24 2008 
00:29 May 09, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H2294.IH
H2294
smartinez on PROD1PC64 with BILLS