Guantanamo Detention Center: Legislative Activity in the 111th Congress [June 17, 2010]   [open pdf - 235KB]

"The detention of alleged enemy combatants at the U.S. Naval Station in Guantanamo Bay, Cuba, together with proposals to transfer some such individuals to the United States for prosecution or continued detention, has been a subject of considerable interest for Congress. Several authorization and appropriations measures enacted during the 111th Congress, and various pending bills, address the disposition and treatment of Guantanamo detainees. Recently legislative activity has focused on the possible transfer of Guantanamo detainees to the United States. The Supplemental Appropriations Act, 2009 (P.L. 111-32) and five FY2010 measures place general restrictions on the use of federal funds to release or transfer a Guantanamo detainee into the United States. The relevant FY2010 measures include the Department of Homeland Security Appropriations Act, 2010 (P.L. 111-83); the National Defense Authorization Act for Fiscal Year 2010 (P.L. 111-84); the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (P.L. 111-88); the Consolidated Appropriations Act, 2010 (P.L. 111-117); and the Department of Defense Appropriations Act, 2010 (P.L. 111-118). Each of the enacted laws provides an exception which permits transfers when effected 45 days after specified reporting requirements have been fulfilled. However, in most of the measures, the 45-day exceptions apply only to transfers for the purpose of prosecution or detention during legal proceedings. Several pending bills, including the House-passed intelligence authorization bill (H.R. 2701) and FY2011 defense authorization measures in the House (H.R. 5136) and Senate (S. 3454), would extend or expand restrictions on detainee transfers."

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CRS Report for Congress, R40754
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