[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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