The green light came in a $US42.7 billion spending bill for the US Department of Homeland Security in 2010, which easily cleared the House of Representatives last week and now heads to Obama to sign into law.
Obama vowed on his second day in office to shutter the facility, a magnet for global criticism of US tactics in the "war on terrorism," by January 22, though White House aides say they face an uphill fight to keep that promise.
Of the roughly 220 people still held at the controversial prison camp, which then-president George W. Bush opened in January 2002, about 80 are waiting to be released and a further 60 are expected to be prosecuted.
The House-approved measure forbids the release of detainees at the US naval base in Cuba onto US soil, and requires a detailed assessment of the possible security risk before they can be brought to trial in the United States.
The assessment would have to include details of the dangers involved, steps to diminish the possible threat, the legal rationale for the transfer, and assurances to the governor of the receiving state that the individual poses little or no security risk.
The legislation also says the detainees cannot be sent to another country unless the president gives Congress the name of the detainee, the destination, a risk assessment, and the terms of a transfer.
The measure would also allow the Pentagon to block the release of photographs showing abuse of suspected terrorists in US custody.
The bill did not address whether the Obama administration can hold prisoners indefinitely without charge in the United States and left unclear what the fate would be of those who may be tried and acquitted.
Obama vowed on his second day in office to shutter the facility, a magnet for global criticism of US tactics in the "war on terrorism," by January 22, though White House aides say they face an uphill fight to keep that promise.
Of the roughly 220 people still held at the controversial prison camp, which then-president George W. Bush opened in January 2002, about 80 are waiting to be released and a further 60 are expected to be prosecuted.
The House-approved measure forbids the release of detainees at the US naval base in Cuba onto US soil, and requires a detailed assessment of the possible security risk before they can be brought to trial in the United States.
The assessment would have to include details of the dangers involved, steps to diminish the possible threat, the legal rationale for the transfer, and assurances to the governor of the receiving state that the individual poses little or no security risk.
The legislation also says the detainees cannot be sent to another country unless the president gives Congress the name of the detainee, the destination, a risk assessment, and the terms of a transfer.
The measure would also allow the Pentagon to block the release of photographs showing abuse of suspected terrorists in US custody.
The bill did not address whether the Obama administration can hold prisoners indefinitely without charge in the United States and left unclear what the fate would be of those who may be tried and acquitted.
Source: The Australian