Sec. 1059. Prohibition on the closure of United States Naval Station, Guantanamo Bay, Cuba
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Congress makes the following findings: The United States military presence in the Republic of Cuba began in 1898, and United States military basing began in Cuba in 1903. In 1934, the United States and Cuba entered into the Treaty Between the United States of America and Cuba signed at Washington, D.C. on May 29, 1934. Under Article III, the treaty stipulates the perpetual lease agreement between the United States and Cuba for the 45 square miles of land encompassing Guantanamo Bay, Cuba.
On March 12, 2015, Commander of United States Southern Command, General John Kelly, testified before the Committee on Armed Services of the Senate, highlighting, Its [Naval Station Guantanamo Bay] airfield and port facilities are indispensable to the Departments of Defense, Homeland Security, and State’s operational and contingency plans… As the only permanent U.S. military base in Latin America and the Caribbean, its location provides persistent U.S. presence and immediate access to the region, as well as supporting a layered defense to secure the air and maritime approaches to the United States .
Former Commander of United States Southern Command, retired Admiral James Stavridis, recently stated Guantanamo Bay Naval Station has immense strategic value above and beyond its reputation as a detention facility. It is the logistic, planning, surveillance and basing linchpin for the U.S. Fourth Fleet, crucial to the military for disaster relief, humanitarian work, medical diplomacy, and counternarcotics, all key missions for the U.S. Navy in Latin America and the Caribbean.
The U.S. should do all in its power to maintain its legal control over the base . In testimony in front of the Committee on Armed Services of the House of Representatives in 2012, then-Commander of United States Southern Command, General Douglas Fraser, stated, Absent a detention facility and even following the eventual demise of the Castro regime, the strategic capability provided by the U.S. Naval Station Guantanamo Bay remains essential for executing national priorities throughout the Caribbean, Latin America, and South America .
As part of normalizing relations with the government of Cuba, announced in December 2014, ongoing negotiations are occurring to determine the diplomatic framework between the governments of the United States and Cuba. In January 2015, soon after negotiations began between the United States and Cuba, Cuban President Raul Castro demanded the return of United States Naval Station, Guantanamo Bay, Cuba, to Cuba. In February 2015, Assistant Secretary of State for Western Hemisphere Affairs Roberta Jacobson, in testimony in front of the Foreign Affairs Committee of the House of Representatives, stated that the return of United States Naval Station, Guantanamo Bay, Cuba, is not on the table in these conversations , referencing current diplomatic negotiations.
Later in her testimony Assistant Secretary Jacobson pointed out, referring to the possible closure of the Naval Station, that she is not a high enough ranking person to know…whether it could be in the future . It is the sense of Congress that— the strategic, logistic, and postural significance of United States Naval Station Guantanamo Bay, Cuba, is vital to the security of the United States; and the United States must not relinquish control of Guantanamo Bay to the Republic of Cuba.
United States Naval Station, Guantanamo Bay, Cuba, may not be closed or abandoned, and the President shall ensure that the obligations of the United States under Article III of the Treaty Between the United States of America and Cuba signed at Washington, D.C. on May 29, 1934 are met, including the payment of the annual lease sum to the government of Cuba, unless otherwise specifically provided— by law; in a treaty that is ratified with the advice and consent of the Senate; or by a modification of the Treaty Between the United States of America and Cuba signed at Washington, D.C. on May 29, 1934, that is ratified with the advice and consent of the Senate.
Not later than 180 days after the date of the enactment of this Act, the Commander of United States Southern Command shall submit to appropriate committees of Congress, a report setting forth a military assessment of the strategic implications of United States Naval Station Guantanamo Bay, Cuba. The report required under paragraph
(1)shall include each of the following: An historical analysis of the use and significance of the basing at United States Naval Station, Guantanamo Bay, Cuba. A description of the personnel, resources, and base operations based out of United States, Naval Station Guantanamo Bay, Cuba, as of the date of the enactment of this Act. An assessment of United States Naval Station, Guantanamo Bay, Cuba, in support of the National Security Strategy, the National Defense Strategy, and the National Military Strategy. An assessment of missions and military requirements that United States Naval Station, Guantanamo Bay, Cuba, currently supports. A description of the uses of United States Naval Station, Guantanamo Bay, Cuba by other United States Government agencies. Any other related matter at the discretion of the Commander. In this subsection, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.