1.This Act may be cited as the
Guantanamo Bay Detention Facility Safe
Closure Act of 2009
.
2.Requirements for
closing Guantanamo Bay detention facility
(a)The President shall notify the congressional defense
committees at least 90 days before taking any action associated with the
closure of the Department of Defense detention facility at Guantanamo Bay,
Cuba, and the subsequent transfer of any persons detained at that facility to a
new detention facility in the United States.
(b)The
notification under subsection (a) shall include the submission to the
congressional defense committees of a study of the feasibility of closing the
Department of Defense detention facility at Guantanamo Bay, Cuba. The study
shall address the legal ramifications and the security, infrastructure, and
other support requirements associated with closing the detention facility and
transferring persons to a new detention facility in the United States,
including an assessment of the following:
(1)The available
space at a new detention facility.
(2)The ability to
separate persons transferred to a new detention facility from any other
individuals already detained at such facility.
(3)The number of
security guards and support personnel required to undertake the detention of
persons transferred to a new detention facility and a description of the
barracks and other facilities necessary for such security guards and support
personnel.
(4)The nature and
cost of any security enhancements to an existing military installation that
might be chosen to host a new detention facility.
(5)A
comparison of the costs described in paragraph (4) with the estimated costs of
constructing a new detention facility that is physically separate from any
existing military installation or civilian prison.
(6)The advisability
of expending the funds described in paragraphs (4) and (5) in light of the
prior obligation and expenditure of amounts for the detention facility at
Guantanamo Bay, Cuba.
(7)The proximity of a
new detention facility to—
(A)private land;
(B)civilian
populations; and
(C)other military
activities (if a new detention facility is or would be located on or near an
existing military installation).
(8)The degree to
which a new detention facility must be self-contained, including the existence
of—
(A)on-site medical
facilities available 24 hours per day;
(B)dedicated fire
fighting capabilities;
(C)space for legal
proceedings; and
(D)recreational
facilities comparable to those available at the detention facility at
Guantanamo Bay, Cuba.
(9)The advisability
of performing interrogations of persons transferred to the new detention
facility.
(10)The potential
that persons transferred to the new detention facility may be detained
indefinitely.
(11)The impact that a
new detention facility, if established on an existing military installation,
would have on ongoing military activities at such installation.
(12)The suitability
for purposes of handling detainees of any military installation or other
facility owned by the United States that has been closed or is scheduled to be
closed under the defense base closure and realignment process.
(13)The possibility
of transferring detainees to United States military installations located
outside the United States or to the custody of foreign governments.
(c)The notification required under subsection (a) shall include
a plan to relocate the persons detained at the detention facility in Guantanamo
Bay, Cuba, that is fully consistent with the results of the study conducted
pursuant to subsection (b).
(d)Congressional
defense committees definedIn this section, the term
congressional defense committees means—
(1)the Committee on
Armed Services and the Committee on Appropriations of the Senate; and
(2)the Committee on
Armed Services and the Committee on Appropriations of the House of
Representatives.