text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Guantanamo Bay Detention Facility 
  Safe Closure Act of 2009''.
  
  SEC. 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.
  
  SEC. 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.
  
  SEC. 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.
  
  SEC. 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.
target: Guantanamo Bay Detention Facility Safe Closure Act of 2009 - Prohibits federal funds from being used to: (1) transfer any enemy combatant detained at the Naval Station Guantanamo Bay, Cuba, to the United States; or (2) coordinate with any other department or agency to transfer any such individual to the United States.
  
  Prohibits the Secretary of Defense from: (1) using any facility closed through a base closure process for housing any such individual; or (2) constructing, modifying, or improving any facility in the United States or its territories for housing any such individual.
feat_title: 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.