Congress Limits The President’s Ability To Close Guantanamo Bay

First, the title of this post is a bit misleading.  President Obama never made a promise to close Guantanamo Bay (GTMO).  He only ordered that the detention facility, holding those captured in the GWOT be closed by January 2010.  That being said, the recent bill signed into law by the president, H.R. 2346: Supplemental Appropriations Act, 2009, significantly limits the president’s ability to transfer detainees from GTMO.

Among the provisions in the bill, the president must,

SEC. 319. (a) REPORTS REQUIRED.—Not later than 60 days
after the date of the enactment of this Act and every 90 days
thereafter, the President shall submit to the members and committees
of Congress specified in subsection (b) a report on the prisoner
population at the detention facility at Naval Station Guantanamo
Bay, Cuba.

Additionally, the bill severely limits the use of funds to either close GTMO or transfer detainees to the United States or any other country,

SEC. 14103. (a) None of the funds made available in this or
any prior Act may be used to release an individual who is detained
as of the date of enactment of this Act, at Naval Station, Guantanamo
Bay, Cuba, into the continental United States, Alaska,
Hawaii, or the District of Columbia.
(b) None of the funds made available in this or any prior
Act may be used to transfer an individual who is detained as
of the date of enactment of this Act, at Naval Station, Guantanamo
Bay, Cuba, for the purpose of detention in the continental United
States, Alaska, Hawaii, or the District of Columbia, except as provided
in subsection (c).
(c) None of the funds made available in this or any prior
Act may be used to transfer an individual who is detained, as
of the date of enactment of this Act, at Naval Station, Guantanamo
Bay, Cuba, into the continental United States, Alaska, Hawaii,
or the District of Columbia, for the purposes of prosecuting such
individual, or detaining such individual during legal proceedings,
until 45 days after the plan detailed in subsection (d) is received.
(d) The President shall submit to the Congress, in classified
form, a plan regarding the proposed disposition of any individual
covered by subsection (c) who is detained as of the date of enactment
of this Act. Such plan shall include, at a minimum, each of the
following for each such individual:
(1) The findings of an analysis regarding any risk to the
national security of the United States that is posed by the
transfer of the individual.
(2) The costs associated with transferring the individual
in question.
(3) The legal rationale and associated court demands for
transfer.
(4) A plan for mitigation of any risk described in paragraph
(1).
(5) A copy of a notification to the Governor of the State
to which the individual will be transferred or to the Mayor
of the District of Columbia if the individual will be transferred
to the District of Columbia with a certification by the Attorney
General of the United States in classified form at least 14
days prior to such transfer (together with supporting documentation
and justification) that the individual poses little
or no security risk to the United States.
(e) None of the funds made available in this or any prior
Act may be used to transfer or release an individual detained
at Naval Station, Guantanamo Bay, Cuba, as of the date of enactment
of this Act, to the country of such individual’s nationality
or last habitual residence or to any other country other than the
United States, unless the President submits to the Congress, in
classified form 15 days prior to such transfer, the following information:
(1) The name of any individual to be transferred or released
and the country to which such individual is to be transferred
or released.
(2) An assessment of any risk to the national security
of the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer or release and the actions taken to mitigate such
risk.
(3) The terms of any agreement with another country for
acceptance of such individual, including the amount of any
financial assistance related to such agreement.
(f) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to
the Congress a report in classified form describing the disposition
or legal status of each individual detained at the facility as of
the date of enactment of this Act.

President Obama had pledged stop all detainee operations at GTMO by January 2010.  This new legislation will make that pledge difficult to keep.

yojoe out

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