Guantanamo Detention Center: Legislative Activity in the 111th Congress [August 6, 2009]   [open pdf - 198KB]

"The detention of alleged enemy combatants at the U.S. Naval Station in Guantanamo Bay, Cuba, has been the focus of significant legislative activity during the 111th Congress. The Supplemental Appropriations Act, 2009 (P.L. 111-32), enacted in June 2009, contains several provisions relevant to Guantanamo detainees. Section 319 of the act includes an ongoing reporting requirement. Section 14103 restricts the use of funds for the transfer and release of the detainees in specified circumstances. Although the Supplemental Appropriations Act is the only Guantanamo-related measure enacted to date in the 111th Congress, versions of defense appropriations and authorization bills passed by the House and Senate also contain provisions that would establish reporting requirements, restrict the transfer or release of detainees, or amend military commission procedures. Various other proposals address a range of issues related to detainee treatment, executive and judicial authority, and other matters. This report analyzes the relevant provisions of the Supplemental Appropriations Act, 2009, and selected legislative proposals that have been introduced in the 111th Congress. For more detailed explorations of the legal issues related to the potential closure of the detention facility and the transfer, release, and treatment of detainees, see CRS Report R40139, Closing the Guantanamo Detention Center: Legal Issues, by Michael John Garcia, et al., and CRS Report RL33180, Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court, by Jennifer K. Elsea, Kenneth R. Thomas, and Michael John Garcia."

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CRS Report for Congress, R40754
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