[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1046 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1046

  To require the detention at United States Naval Station, Guantanamo 
  Bay, Cuba, of high-value enemy combatants who will be detained long-
                                 term.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2011

Mr. Inhofe (for himself and Mr. Boozman) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To require the detention at United States Naval Station, Guantanamo 
  Bay, Cuba, of high-value enemy combatants who will be detained long-
                                 term.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guantanamo Bay Detention Facility 
Detention Act of 2011''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States is still in a global war on terror 
        and engaged in armed conflict with terrorist organizations, and 
        will continue to capture terrorists who will need to be 
        detained in a secure facility.
            (2) Since 2002, enemy combatants have been captured by the 
        United States and its allies and detained in facilities at the 
        Guantanamo Bay Detention Facility (GTMO) at United States Naval 
        Station, Guantanamo Bay, Cuba.
            (3) The United States has detained almost 800 al-Qaeda and 
        Taliban combatants at the Guantanamo Bay Detention Facility.
            (4) More than 600 detainees have been tried, transferred, 
        or released from the Guantanamo Bay Detention Facility to other 
        countries.
            (5) The last enemy combatant brought to the Guantanamo Bay 
        Detention Facility for detention was brought in June 2008.
            (6) The military detention facilities at the Guantanamo Bay 
        Detention Facility meet the highest international standards, 
        and play a fundamental part in protecting the lives of 
        Americans from terrorism.
            (7) The Guantanamo Bay Detention Facility is a state-of-
        the-art facility that provides humane treatment for all 
        detainees, is fully compliant with the Geneva Convention, and 
        provides treatment and oversight that exceed any maximum-
        security prison in the world, as attested to by human rights 
        organizations, the International Committee of the Red Cross, 
        Attorney General Holder, and an independent commission led 
        Admiral Walsh.
            (8) The Guantanamo Bay Detention Facility is a secure 
        location away from population centers, provides maximum 
        security required to prevent escape, provides multiple levels 
        of confinement opportunities based on the compliance of 
        detainees, and provides medical care not available for a 
        majority of the population of the world.
            (9) The Expeditionary Legal Complex (ELC) at the Guantanamo 
        Bay Detention Facility 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.
            (10) The Guantanamo Bay Detention Facility is the single 
        greatest repository of human intelligence in the war on terror.
            (11) The intelligence derived from the Guantanamo Bay 
        Detention Facility has prevented terrorist attacks and saved 
        lives in the past and continues to do so today.
            (12) The intelligence obtained from questioning detainees 
        at the Guantanamo Bay Detention Facility includes information 
        on the following:
                    (A) The organizational structure of al-Qaeda, the 
                Taliban, and other terrorist groups.
                    (B) The extent of the presence of terrorists in 
                Europe, the United States, and the Middle East, and 
                elsewhere around the globe.
                    (C) The pursuit of weapons of mass destruction by 
                al-Qaeda.
                    (D) The methods of recruitment by al-Qaeda and the 
                locations of its recruitment centers.
                    (E) The skills of terrorists, including general and 
                specialized operative training.
                    (F) The means by which legitimate financial 
                activities are used to hide terrorist operations.
            (13) Key intelligence used to find Osama bin Laden was 
        obtained at least in part through the use of enhanced 
        interrogation of detainees at the Guantanamo Bay Detention 
        Facility, with Leon Panetta, Director of the Central 
        Intelligence Agency, acknowledging that ``[c]learly some of it 
        came from detainees and the interrogation of detainees . . .'' 
        and confirming that ``they used these enhanced interrogation 
        techniques against some of those detainees''.

SEC. 3. REQUIREMENT FOR DETENTION AT UNITED STATES NAVAL STATION, 
              GUANTANAMO BAY, CUBA, OF HIGH-VALUE DETAINEES WHO WILL BE 
              DETAINED LONG-TERM.

    (a) Requirement.--Each high-value enemy combatant who is captured 
or otherwise taken into long-term custody or detention by the United 
States shall, while under such detention of the United States, be 
detained at the Guantanamo Bay Detention Facility (GTMO) at United 
States Naval Station, Guantanamo Bay, Cuba.
    (b) High-Value Enemy Combatant Defined.--In this section, the term 
``high-value enemy combatant'' means an enemy combatant who--
            (1) is a senior member of al-Qaeda, the Taliban, or any 
        associated terrorist group;
            (2) has knowledge of an imminent terrorist threat against 
        the United States or its territories, the Armed Forces of the 
        United States, the people or organizations of the United 
        States, or an ally of the United States;
            (3) has, or has had, direct involvement in planning or 
        preparing a terrorist action against the United States or an 
        ally of the United States or in assisting the leadership of al-
        Qaeda, the Taliban, or any associated terrorist group in 
        planning or preparing such a terrorist action; or
            (4) if released from detention, would constitute a clear 
        and continuing threat to the United States or any ally of the 
        United States.
                                 <all>