Analysis of Legislative Proposals Addressing Guantanamo Detainees [March 5, 2009]   [open pdf - 162KB]

This report addresses several bills that were introduced during the 111th Congress regarding the detention of suspected enemy belligerents held at the U.S. Naval Station in Guantanamo Bay, Cuba. "On January 22, 2009, President Obama issued three executive orders affecting Guantanamo detainees. Some legislative proposals would effectuate or make permanent the policies contained in the executive orders. Other bills offer alternative approaches to the disposition of the detainees. […] Legislative proposals introduced during the 111th Congress offer dramatically different approaches to the disposition and treatment of Guantanamo detainees. They address a range of issues, including closure of the base, transfer of detainees to the United States, detainee treatment and prosecution, and jurisdictional matters. […] Although President Obama has addressed several of these issues in executive orders, legislation may be necessary to make measures taken in an executive order permanent or to effect alternative approaches to the disposition of Guantanamo detainees. To date, none of the legislative proposals have been reported from committee. If no bill passes, the Special Task Force on Detainee Disposition, established by executive order, will likely address many issues raised by the legislative proposals."

Report Number:
CRS Report for Congress, R40419
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