HR0805 96TH GENERAL ASSEMBLY

HR0805 LRB096 16482 GRL 31905 r

HOUSE RESOLUTION

WHEREAS, In 2001, the United States Congress authorized the use of "all necessary and appropriate force" against those responsible for the 9/11 terrorist attacks; in pursuance of the authorization, the United States has captured numerous suspected Al Qaeda and Taliban members and detained them at several locations, including the U.S. Naval Station at Guantanamo Bay, Cuba; and

WHEREAS, Shortly after President Obama took office in January of 2009, 3 executive orders were signed that require the eventual closure of the detention facility, order the immediate reviews of each detainee's status, and establish a Special Task Force on Detainee Disposition that was tasked with identifying lawful options for the disposition of Guantanamo detainees and others captured by the United States; and

WHEREAS, The Obama administration recently proposed that United States government purchase the Thomson Correctional Center in Illinois to serve as a detention center for the detainees at Guantanamo Bay; and

WHEREAS, Numerous enacted authorization and appropriations measures passed by the 111th United States Congress affect the treatment of detainees at Guantanamo Bay and restrict the use of federal funds to transfer or release Guantanamo detainees into the United States; and

WHEREAS, Section 14103 of the Supplemental Appropriations Act of 2009 (P.L. 111-32), enacted in June of 2009, restricts the use of funds appropriated by the Act or any prior Act for the transfer or release of detainees into the United States; in addition, the Department of Homeland Security Appropriations Act of 2010 (P.L. 111-83), the National Defense Authorization Act for Fiscal Year 2010 (P.L. 111-84), and the Department of the Interior, Environment, and Related Agencies Appropriations Act of 2010 (P.L. 111-88) generally bar the use of federal funds appropriated in those or "any other" Acts for the release or transfer of a Guantanamo detainee into the United States or specified U.S. territories; and

WHEREAS, Existing Acts passed by the 111th United States Congress clearly bar such a transfer of dangerous detainees from Guantanamo Bay into the United States without the direct authorization of Congress; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge Congress to maintain its restrictions on the transfer of detainees from the U.S. Naval Station in Guantanamo Bay, Cuba as reflected in legislation passed by the 111th Congress; and be it further

RESOLVED, That we further urge Congress to refrain from taking actions that could be interpreted as granting constitutional rights to non-citizen detainees whose only access to rights would be derived from a claim of sovereignty is based on their transfer to a facility or facilities in the United States; and be it further

RESOLVED, That suitable copies of this resolution be presented to the Majority Leader and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, U.S. Secretary of State Hillary Clinton, U.S. Secretary of Defense Robert Gates, U.S. Attorney General Eric Holder, and each member of the Illinois congressional delegation.