[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.
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