[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 291 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 291
To provide for certain requirements related to the closing of the
Guantanamo Bay detention facility.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21, 2009
Mr. Brownback (for himself, Mr. Roberts, and Mr. Bond) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To provide for certain requirements related to the closing of the
Guantanamo Bay detention facility.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guantanamo Bay Detention Facility
Safe Closure Act of 2009''.
SEC. 2. REQUIREMENTS FOR CLOSING GUANTANAMO BAY DETENTION FACILITY.
(a) Notification Requirement.--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) Study.--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) Relocation Plan.--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 Defined.--In 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.
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