I 111th CONGRESS 1st Session H. R. 1012 IN THE HOUSE OF REPRESENTATIVES February 12, 2009 Mr. Cole (for himself, Mr. Franks of Arizona, Mr. Burton of Indiana, Mr. Sam Johnson of Texas, Ms. Fallin, Mr. Wamp, Mr. Pitts, Mrs. Schmidt, Mr. Hensarling, Mr. Bishop of Utah, Mr. Gingrey of Georgia, Mr. Akin, Mr. Westmoreland, Mr. Lamborn, Mr. Pence, Mr. Broun of Georgia, Mr. Kline of Minnesota, Mr. Garrett of New Jersey, Mr. Fleming, Mr. Barrett of South Carolina, Mr. Miller of Florida, Mr. Brown of South Carolina, Mr. Hunter, Mr. Tim Murphy of Pennsylvania, Mr. Conaway, and Mrs. Bachmann) introduced the following bill; which was referred to the Committee on Armed Services A BILL To prohibit the use of funds available to the Department of Defense to transfer enemy combatants detained by the United States at Naval Station, Guantanamo Bay, Cuba, to the United States, or to construct facilities for such enemy combatants at such locations.

1.

Short title

This Act may be cited as the Guantanamo Bay Detention Facility Safe Closure Act of 2009.

2.

Findings

Congress makes the following findings: (1)Since the United States began its Global War on Terrorism, terrorists have been captured by the United States and their allies and detained in facilities at Guantanamo Bay Detention Facility (GTMO), Cuba. (2)The detainee complex at Guantanamo Bay, Cuba, is the only complex in the world that can safely and humanely hold individuals that pose a high-security risk to the United States. It is a secure location away from population centers, provides maximum security required to prevent escape, provides multiple levels of confinement opportunities based on compliance of the detainee, and provides medical care not available to a majority of the population of the world. (3)GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today. (4)New intelligence being collected from detainees at GTMO is being used to fight terrorists in Iraq, Afghanistan, and around the globe. (5)Intelligence information obtained from questioning detainees includes— (A)the organizational structure of al-Qaida and other terrorist groups; (B)the extent of terrorist presence in Europe, the United States, and the Middle East; (C)al-Qaida’s pursuit of weapons of mass destruction; (D)methods of recruitment and locations of recruitment centers; (E)terrorist skill sets, including general and specialized operative training; and (F)how legitimate financial activities are used to hide terrorist operations. (6)The Expeditionary Legal Complex (ELC) located at GTMO is the only one of its kind in the world. It provides a secure location to secure and try detainees charged by the United States Government, full access to sensitive and classified information, full access to defense lawyers and prosecution, and full media access by the press. (7)There are on average two lawyers for every detainee that has been charged or had charges preferred against them at GTMO. (8)There are 127 doctors, nurses, and medical technicians dedicated to caring for and maintaining the health of each detainee—a ratio of 1:2 (one health care professional for every two detainees). (9)GTMO is operated by the Department of Defense and only interrogation techniques approved by the Secretary of Defense have been used. (10)Detainees are being treated humanely. (11)There are no solitary confinement facilities at Guantanamo. (12)Water boarding has never occurred at GTMO. (13)Current treatment and oversight exceed any maximum-security prison in the world. (14)Since 2002, more than 520 detainees have departed Guantanamo for other countries, including Albania, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, the United Kingdom, and Yemen. (15)There are approximately 245 detainees from over 30 countries remaining at GTMO. These detainees include terrorist trainers, terrorist financiers, bomb makers, Osama bin Laden bodyguards, recruiters and facilitators, and would-be suicide bombers. Detainees remaining at GTMO fall into three categories: (A)Detainees who have been cleared for release but the United States has not been able to find a foreign country willing to accept them. (B)Detainees who have been tried, had charges referred to trial, or are awaiting for referral to trial. (C)Detainees who are either of high threat to the United States or are from countries where the United States is unable to get sufficient assurances that the country will mitigate their threat if transferred. (16)The Pentagon claims that 61 of released GTMO detainees have returned to the fight. (17)Said Ali al-Shihri, suspected of involvement in the bombing of the United States Embassy in Yemen on 17 September 2008, was released to Saudi Arabia in 2007, passed through a Saudi rehabilitation program, and has resurfaced as the new deputy leader of al-Qaida in Yemen. (18)In 2007, the Senate passed a resolution, 94–3, stating, detainees housed at Guantanamo should not be released into American society, nor should they be transferred stateside into facilities in American communities and neighborhoods.. (19)On January 20, 2009, President Obama instructed military prosecutors to seek a 120-day suspension of legal proceedings at GTMO or what administration officials called a continuance of the proceedings. (20)On January 22, 2009, President Obama ordered the closing of the GTMO prisons within a year. (21)The United States is still in a global war on terror, engaged in armed conflict with terrorist organizations, and will, in all probability, continue to capture terrorists who will be detained in a facility. (22)If the detention facility at GTMO is closed, some United States domestic or overseas prison will have to house these detainees while they await disposition.

3.

Prohibition on use of funds to transfer individuals detained at Guantanamo Bay, Cuba, to the United States, or to coordinate with other departments or agencies for such transfer

None of the funds appropriated or otherwise made available to the Department of Defense may be used— (1)to transfer any enemy combatant detained by the United States at Naval Station, Guantanamo Bay, Cuba, to the United States; or (2)to coordinate with any other department or agency for the purposes of transferring of any such enemy combatant to the United States.

4.

Prohibition on use of certain closed Department of Defense facilities to house enemy combatants

The Secretary of Defense may not use or authorize the use of any facility that is closed through a base closure process for housing any enemy combatant who, as of the date of the enactment of this Act, is detained by the United States at Naval Station, Guantanamo Bay, Cuba.

5.

Prohibition on constructing, improving, modifying, or otherwise enhancing any facility in the United States or its territories for the purpose of housing any detainee currently or previously housed at Guantanamo

The Secretary of Defense may not construct, improve, modify, or otherwise enhance any facility in the United States or its territories for the purpose of housing any enemy combatant who, as of the date of the enactment of this Act, is detained by the United States at Naval Station, Guantanamo Bay, Cuba, or who has ever been so detained.