I 

111TH CONGRESS 

1ST SESSION H. R. 1012 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2009 

Mr. COLE (for himself, Mr. FRANKS of Arizona, Mr. BURTON of Indiana, Mr. 

SAM JOHNSON of Texas, Ms. FALLIN, Mr. WAMP, Mr. PITTS, Mrs. 

SCHMIDT, Mr. HENSARLING, Mr. BISHOP of Utah, Mr. GINGREY of Georgia, Mr. AKIN, Mr. WESTMORELAND, Mr. LAMBORN, Mr. PENCE, Mr. 

BROUN of Georgia, Mr. KLINE of Minnesota, Mr. GARRETT of New Jersey, Mr. FLEMING, Mr. BARRETT of South Carolina, Mr. MILLER of 

Florida, Mr. BROWN of South Carolina, Mr. HUNTER, Mr. TIM MURPHY

of Pennsylvania, Mr. CONAWAY, and Mrs. BACHMANN) introduced the following bill; which was referred to the Committee on Armed Services 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Guantanamo Bay De3 tention Facility Safe Closure Act of 2009’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) Since the United States began its Global 

7 War on Terrorism, terrorists have been captured by 

8 the United States and their allies and detained in 

9 facilities at Guantanamo Bay Detention Facility 

10 (GTMO), Cuba. 

11 (2) The detainee complex at Guantanamo Bay, 

12 Cuba, is the only complex in the world that can safe13 ly and humanely hold individuals that pose a high14 security risk to the United States. It is a secure lo15 cation away from population centers, provides max16 imum security required to prevent escape, provides 

17 multiple levels of confinement opportunities based on 

18 compliance of the detainee, and provides medical 

19 care not available to a majority of the population of 

20 the world. 

21 (3) GTMO is the single greatest repository of 

22 human intelligence in the war on terror. This intel23 ligence has prevented terrorist attacks and saved 

24 lives in the past and continues to do so today. 


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1 (4) New intelligence being collected from de2 tainees at GTMO is being used to fight terrorists in 

3 Iraq, Afghanistan, and around the globe. 

4 (5) Intelligence information obtained from ques5 tioning detainees includes— 

6 (A) the organizational structure of al7 Qaida and other terrorist groups; 

8 (B) the extent of terrorist presence in Eu9 rope, the United States, and the Middle East; 

10 (C) al-Qaida’s pursuit of weapons of mass 

11 destruction; 

12 (D) methods of recruitment and locations 

13 of recruitment centers; 

14 (E) terrorist skill sets, including general 

15 and specialized operative training; and 

16 (F) how legitimate financial activities are 

17 used to hide terrorist operations. 

18 (6) The Expeditionary Legal Complex (ELC) 

19 located at GTMO is the only one of its kind in the 

20 world. It provides a secure location to secure and try 

21 detainees charged by the United States Government, 

22 full access to sensitive and classified information, 

23 full access to defense lawyers and prosecution, and 

24 full media access by the press. 


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1 (7) There are on average two lawyers for every 

2 detainee that has been charged or had charges pre3 ferred against them at GTMO. 

4 (8) There are 127 doctors, nurses, and medical 

5 technicians dedicated to caring for and maintaining 

6 the health of each detainee—a ratio of 1:2 (one 

7 health care professional for every two detainees). 

8 (9) GTMO is operated by the Department of 

9 Defense and only interrogation techniques approved 

10 by the Secretary of Defense have been used. 

11 (10) Detainees are being treated humanely. 

12 (11) There are no solitary confinement facilities 

13 at Guantanamo. 

14 (12) Water boarding has never occurred at 

15 GTMO. 

16 (13) Current treatment and oversight exceed 

17 any maximum-security prison in the world. 

18 (14) Since 2002, more than 520 detainees have 

19 departed Guantanamo for other countries, including 

20 Albania, Afghanistan, Australia, Bangladesh, Bah21 rain, Belgium, Denmark, Egypt, France, Great Brit22 ain, Iran, Iraq, Jordan, Kuwait, Libya, Maldives, 

23 Mauritania, Morocco, Pakistan, Russia, Saudi Ara24 bia, Spain, Sweden, Sudan, Tajikistan, Turkey, 

25 Uganda, the United Kingdom, and Yemen. 


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1 (15) There are approximately 245 detainees 

2 from over 30 countries remaining at GTMO. These 

3 detainees include terrorist trainers, terrorist fin4 anciers, bomb makers, Osama bin Laden body5 guards, recruiters and facilitators, and would-be sui6 cide bombers. Detainees remaining at GTMO fall 

7 into three categories: 

8 (A) Detainees who have been cleared for 

9 release but the United States has not been able 

10 to find a foreign country willing to accept them. 

11 (B) Detainees who have been tried, had 

12 charges referred to trial, or are awaiting for re13 ferral to trial. 

14 (C) Detainees who are either of high threat 

15 to the United States or are from countries 

16 where the United States is unable to get suffi17 cient assurances that the country will mitigate 

18 their threat if transferred. 

19 (16) The Pentagon claims that 61 of released 

20 GTMO detainees have ‘‘returned to the fight’’. 

21 (17) Said Ali al-Shihri, suspected of involve22 ment in the bombing of the United States Embassy 

23 in Yemen on 17 September 2008, was released to 

24 Saudi Arabia in 2007, passed through a Saudi rehaVerDate Nov 24 2008 19:12 Feb 14, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1012.IH H1012

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1 bilitation program, and has resurfaced as the new 

2 deputy leader of al-Qaida in Yemen. 

3 (18) In 2007, the Senate passed a resolution, 

4 94–3, stating, ‘‘detainees housed at Guantanamo 

5 should not be released into American society, nor 

6 should they be transferred stateside into facilities in 

7 American communities and neighborhoods.’’. 

8 (19) On January 20, 2009, President Obama 

9 instructed military prosecutors to seek a 120-day 

10 suspension of legal proceedings at GTMO or what 

11 administration officials called ‘‘a continuance of the 

12 proceedings’’. 

13 (20) On January 22, 2009, President Obama 

14 ordered the closing of the GTMO prisons within a 

15 year. 

16 (21) The United States is still in a global war 

17 on terror, engaged in armed conflict with terrorist 

18 organizations, and will, in all probability, continue to 

19 capture terrorists who will be detained in a facility. 

20 (22) If the detention facility at GTMO is 

21 closed, some United States domestic or overseas 

22 prison will have to house these detainees while they 

23 await disposition. 


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1 SEC. 3. PROHIBITION ON USE OF FUNDS TO TRANSFER IN2 DIVIDUALS DETAINED AT GUANTANAMO BAY, 

3 CUBA, TO THE UNITED STATES, OR TO CO4 ORDINATE WITH OTHER DEPARTMENTS OR 

5 AGENCIES FOR SUCH TRANSFER. 

6 None of the funds appropriated or otherwise made 

7 available to the Department of Defense may be used— 

8 (1) to transfer any enemy combatant detained 

9 by the United States at Naval Station, Guantanamo 

10 Bay, Cuba, to the United States; or 

11 (2) to coordinate with any other department or 

12 agency for the purposes of transferring of any such 

13 enemy combatant to the United States. 

14 SEC. 4. PROHIBITION ON USE OF CERTAIN CLOSED DE15 PARTMENT OF DEFENSE FACILITIES TO 

16 HOUSE ENEMY COMBATANTS. 

17 The Secretary of Defense may not use or authorize 

18 the use of any facility that is closed through a base closure 

19 process for housing any enemy combatant who, as of the 

20 date of the enactment of this Act, is detained by the 

21 United States at Naval Station, Guantanamo Bay, Cuba. 


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1 SEC. 5. PROHIBITION ON CONSTRUCTING, IMPROVING, 

2 MODIFYING, OR OTHERWISE ENHANCING ANY 

3 FACILITY IN THE UNITED STATES OR ITS 

4 TERRITORIES FOR THE PURPOSE OF HOUS5 ING ANY DETAINEE CURRENTLY OR PRE6 VIOUSLY HOUSED AT GUANTANAMO. 

7 The Secretary of Defense may not construct, im8 prove, modify, or otherwise enhance any facility in the 

9 United States or its territories for the purpose of housing 

10 any enemy combatant who, as of the date of the enactment 

11 of this Act, is detained by the United States at Naval Sta12 tion, Guantanamo Bay, Cuba, or who has ever been so 

13 detained. 

Æ 


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