Bill Discourages Detainee Transfers, Strengthens States Rights, Enacts Strict Guidelines for Administration
WASHINGTON – Today U.S. Congressman Tom Cole (OK-4) signed onto the Keep Terrorists Out of America Act. This legislation is similar to the bill Cole introduced in February, H.R. 1012, the Guantanamo Bay Detention Facility Safe Closure Act of 2009. Both pieces of legislation were designed to discourage the transfer or release of terrorists held at Guantanamo Bay onto United States soil.
"First and foremost - dangerous terrorists from Guantanamo Bay should not be transferred to the United States," Congressman Cole said. "But if this Administration has its way, some of Guantanamo Bay's most notorious terrorists, like the mastermind of 9/11, will be relocated to prisons in communities across the country."
"I strongly believe that states should have the right to refuse to accept international terrorists into their communities, even if it is into prisons. The Keep Terrorists Out of America Act will give state legislatures and governors the power to say no. The bill also ensures that strict certifications are met before a Guantanamo Bay prisoner is ever relocated to the United States. These are important protections that will help hold the Administration accountable, keep states in the driver's seat, and, most importantly, keep Americans safe."
The following is a summary of the Keep Terrorists Out of America Act, provided by the Office of the Republican Leader:
Affirming Congress’ Opposition to the Release and Transfer of Terrorists. The bill affirms Congress’ opposition to transferring or releasing terrorists held at the Guantanamo Bay prison into the United States. Most Americans do not support releasing these terrorists from Guantanamo Bay prison and transferring them into the United States. The bill gives Congress an opportunity to show that it stands with the American people on this critical matter, and opposes the release and transfer of these terrorists.
Governor & State Legislature Pre-Approval. The measure prohibits the Administration from transferring or releasing any terrorist detainees at Guantanamo Bay to any state without express approval from the state’s governor and legislature, and certifies to Congress that strict requirements have been met. For example, the Administration must certify to the respective governor and state legislature that the detainee does not pose a security risk to the United States. The certifications must be made 60 days before any transfer or release.
Presidential Certification Requirements. The measure prohibits the President from transferring or releasing a terrorist detainee into the United States unless he provides the following notification and certification to Congress regarding:
· The name of the detainee and transfer/release location in the United States.
· The release/transfer would not negatively impact continued prosecution of the detainee.
· The release/transfer would not negatively impact continued detention of the detainee.
· The ability of federal judges to release detainees into the United States.
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