Obama signed an executive order closing the base by Jan. 22, 2010, and administration officials are wrestling over how to determine justice for 223 people remaining in custody. About 90 are waiting to be transferred to other countries, and about 40 are expected to be prosecuted in either civilian or military venues. The fate of the remaining 100 or so is up in the air.

Rogers argued that, despite President Barack Obama's vow to close the detention camp, Congress has seen "no plan, no idea of how to dispose of the detainees remaining there, and no legal rationale for the prosecution, sentencing and incarceration of these terrorists wherever."

Rep. Peter King, R-N.Y., said allowing prosecutions to take place in the United States "is a time bomb waiting to happen."

Defending the bill, Rep. Alcee Hastings, D-Fla., said it would allow detainees to be moved to the mainland, but "only after Congress receives a detailed plan on the risks involved, the legal rationale for their transfer, and a notification from the governor of the affected state."

Reps. Shelley Berkley and Dina Titus, both D-Nev., voted to allow detainees to be brought to the United States for trial.

Rep. Dean Heller, R-Nev., voted against detainee transfers to the United States.

Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault @stephensmedia.com or 202-783-1760.