House - 11/18/2009 Motion to Discharge Committee filed by Mr. Hoekstra. Petition No: 111-7. (Discharge petition text with signatures.) (All Actions)
Notes:
On 11/18/2009, a motion was filed to discharge the Committee on Armed Services from consideration of H.R.2294. A discharge petition requires 218 signatures for further action. (Discharge Petition No. 111-7: text with signatures.)
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Shown Here: Introduced in House (05/07/2009)
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 released into the sovereign territory of the United
States.
SEC. 3. Requirements
relating to the transfer or release of individuals currently detained at
Guantanamo to sovereign territory of United States.
(a) Prohibition.—The
President or the President’s designee may not transfer or release an individual
currently 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 subsections (b) and (c).
(b) Governor and
State legislature approval.—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 certification in writing (together with supporting
documentation 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 certification requirement.—The requirement under
this subsection is that the President submits to Congress, in writing, the
following information:
(1) The name of any
individual to be transferred or released.
(2) The location and
the installation in the United States where the individual will be transferred
or released.
(3) A
justification for why that location was selected.
(4) The findings of an
analysis carried out by the President describing any risk to the national
security of the United States or the residents of the United States that is
posed by the transfer or release.
(5) A
certification that the President has mitigated any risk described in paragraph
(4).
(6) A
certification that the President has completed the requirements of subsection
(b).
(7) A certification that the President’s
transfer or release under subsection (a) of an individual covered by this
section will not adversely affect the Government’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 covered by this section will not adversely affect the
Government’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
transfer or release under subsection (a) of an individual covered by this
section will not result in the release 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 Government
will ensure the transfer or release described in paragraph (11) will not result
in the release of individuals 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.