Anna C. Henning
The detention of alleged enemy combatants at the U.S. Naval Station in Guantanamo Bay, Cuba, together with recent 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.
The public laws and pending proposals address additional issues related to the treatment and disposition of Guantanamo detainees. For example, Title XVIII of P.L. 111-84 establishes new procedures for military commissions. Section 552 of P.L. 111-83 requires that former Guantanamo detainees be included on the "No Fly List" in most circumstances and restricts their access to immigration benefits.
This report analyzes relevant provisions in enacted legislation and selected pending bills. 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 and Michael John Garcia.
Date of Report: March 25, 2010
Number of Pages: 18
Order Number: R40754
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