	Introduction

Prompted in part by proposals to close the detention facility or transfer detainees to the United States, the continued detention of alleged enemy combatants at the U.S. Naval Station in Guantanamo Bay, Cuba, was the subject of considerable interest during the 111 th Congress. However, Congress temporarily extended conditions imposed by FY2010 appropriations measures through March 4, 2011. Additionally, the Ike Skelton National Defense Authorization Act for FY2011 (2011 NDAA, P.L. The act also imposes restrictions on the transfer of detainees to the custody of certain foreign countries, in an effort to minimize the likelihood that transferred detainees return to hostilities. 111-32 ); the Department of Homeland Security Appropriations Act, 2010 ( P.L. 111-83 ); the 2010 National Defense Authorization Act ( 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 ); the Department of Defense Appropriations Act, 2010 ( P.L. 111-118 ); and the 2011 NDAA ( P.L. The majority of these enactments contain restrictions on the use of appropriated funds to transfer or release Guantanamo detainees into the United States; the most stringent restriction being found in the 2011 NDAA, which includes a blanket prohibition on the use of authorized funds to transfer or release Guantanamo detainees into the country for any purpose. Two other measures enacted in the 111 th Congress, the Supplemental Appropriations Act, 2010 ( P.L. 111-212 ), and the Intelligence Authorization Act for FY2010 ( P.L. 111-322 ) into law. Pursuant to the fourth Continuing Appropriations Act, 2011 ( P.L. Although several FY2010 appropriations measures restricted appropriated funds from being used to transfer or release Guantanamo detainees into the United States, they permitted transfers for purposes of criminal prosecution or detention during legal proceedings, contingent upon certain reporting requirements being fulfilled. 111-383 ) which was signed into law on January 7, 2011, imposes more significant restrictions on detainee transfers than previous enactments. In addition to establishing an absolute bar on the use of authorized Department of Defense (DOD) funds to transfer or release detainees into the United States, this provision also bars funds from being used to assist in the transfer or release of such persons. Because Guantanamo detainees are presently in military custody, the 2011 NDAA appears to effectively bar the transfer of any Guantanamo detainee into the country, despite language in previously enacted measures that permitted other federal agencies to use appropriated funds to transfer detainees into the country for criminal prosecution. While highly critical of these provisions' effect on executive discretion, President Obama's signing statement did not allege that they represented an unconstitutional infringement upon executive authority, or claim that the executive branch was not legally bound to comply with the provisions' requirements. The 2009 Supplemental Appropriations Act, the first measure to be enacted, required the President to submit a classified report to Congress concerning the proposed transfer of an individual to the United States that would, at minimum, contain (1) "findings of an analysis regarding any risk to the national security of the United States that is posed by the transfer"; (2) "costs associated with transferring the individual"; (3) "[t]he legal rationale and associated court demands for transfer"; (4) "[a] plan for mitigation of any risk" posed by the transferee to the national security of the United States; and (5) "[a] copy of a notification to the Governor of the State to which the individual will be transferred ... with a certification by the Attorney General of the United States in classified form at least 14 days prior to such transfer (together with supporting documentation and justification) that the individual poses little or no security risk to the United States." First, Title XVIII of the 2010 National Defense Authorization Act ( P.L. Other Selected Proposals Considered in the 111th Congress

Numerous legislative proposals introduced during the 111 th Congress addressed the disposition or treatment of Guantanamo detainees. 111-383 ). Other changes effected by legislation enacted in the 111 th Congress, such as the establishment of new military commission procedures, may also significantly impact the treatment and disposition of Guantanamo detainees.
The detention of alleged enemy belligerents at the U.S. Naval Station in Guantanamo Bay, Cuba, together with 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 addressed the disposition and treatment of Guantanamo detainees. This report analyzes legislation enacted in the 111th Congress concerning persons held at the Guantanamo detention facility.
Nine laws that were enacted during the 111th Congress contained provisions directly relating to Guantanamo detainees: the 2009 Supplemental Appropriations Act (P.L. 111-32); the Department of Homeland Security Appropriations Act, 2010 (P.L. 111-83); the 2010 National Defense Authorization Act (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); the Department of Defense Appropriations Act, 2010 (P.L. 111-118); the Supplemental Appropriations Act, 2010 (P.L. 111-212); the Intelligence Authorization Act for FY2010 (P.L. 111-259); and the Ike Skelton National Defense Authorization Act for FY2011 (2011 NDAA, P.L. 111-383). Many of these measures imposed conditions on the use of appropriated funds to transfer or release Guantanamo detainees into the United States. The fourth Continuing Appropriations Act, 2011 (P.L. 111-322), has effectively extended the restrictions imposed by FY2010 appropriations enactments through March 4, 2011.
Several appropriations measures enacted in the 111th Congress restricted appropriated funds from being used to transfer or release Guantanamo detainees into the United States; they permitted transfers for purposes of criminal prosecution or detention during legal proceedings, contingent upon certain reporting requirements being fulfilled. However, the 2011 NDAA (P.L. 111-383), which was signed into law on January 7, 2011, prohibits any funds it authorizes to be appropriated to the Department of Defense (DOD) from being used to transfer Guantanamo detainees into the United States for any purpose, and also bars such funds from being used to assist in the transfer of such persons. Because Guantanamo detainees are presently in military custody, the act could be interpreted as effectively barring the transfer of any Guantanamo detainee into the United States, despite language in authorizing appropriations measures for other federal agencies that permits the use of funds to transfer detainees into the country for criminal prosecution. In addition to these restrictions, the 2011 NDAA bars authorized funds from being used to construct facilities in the United States to house transferred Guantanamo detainees, and also imposes restrictions on the transfer of detainees to certain foreign countries in order to deter the return of transferred detainees to hostilities. Upon signing the act into law, President Obama issued a statement describing his opposition to the legislation's restrictions on the transfer of Guantanamo detainees, and claimed that his Administration will work with Congress to seek to repeal or mitigate the effect of these restrictions. He did not allege that these provisions are an unconstitutional infringement on executive discretion, or state that the provisions would not be enforced.
Legislation enacted in the 111th Congress also addressed issues related to the treatment and disposition of Guantanamo detainees. For example, Title XVIII of the FY2010 National Defense Authorization Act establishes new procedures for military commissions. Section 552 of the FY2010 Department of Homeland Security Act requires that former Guantanamo detainees be included on the "No Fly List" in most circumstances and restricts their access to immigration benefits.