(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--
U.S. Congress - Text of S.291 as Introduced in Senate Guantanamo Bay Detention Facility Safe Closure Act of 2009
