[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 944 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 944
To reaffirm the authority of the Department of Defense to maintain
United States Naval Station, Guantanamo Bay, Cuba, as a location for
the detention of unprivileged enemy belligerents held by the Department
of Defense, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2011
Ms. Ayotte (for herself, Mr. Graham, Mr. Lieberman, Mr. Chambliss, Mr.
Brown of Massachusetts, Mr. Rubio, and Mr. Webb) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To reaffirm the authority of the Department of Defense to maintain
United States Naval Station, Guantanamo Bay, Cuba, as a location for
the detention of unprivileged enemy belligerents held by the Department
of Defense, and for other purposes.
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 ``Detaining Terrorists to Secure
America Act of 2011''
SEC. 2. FINDINGS.
Congress makes the following finding:
(1) The United States and its international partners are in
an armed conflict with violent Islamist extremist groups,
including al Qaeda and associated terrorist organizations, that
are committed to killing Americans and our allies.
(2) In the last 2 years, terrorists have repeatedly
attempted to kill Americans both here at home and abroad,
including the following attacks, plots, or alleged plots and
attacks:
(A) A September 2009 plot by Najibullah Zazi--who
received training from al Qaeda in Pakistan--to conduct
a suicide bomb attack on the New York, New York, subway
system.
(B) A November 2009 attack by Nidal Malik Hasan at
Fort Hood, Texas, that killed 13 people and wounded 32.
(C) A Christmas Day 2009 attempt by Umar Farouk
Abdulmutallab to detonate a bomb sewn into his
underwear on an international flight to Detroit,
Michigan.
(D) A May 2010 attempt by Faisal Shahzad to bomb
Times Square in New York, New York, on a crowded
Saturday evening, an attack that was unsuccessful only
because the car bomb failed to detonate.
(E) An October 2010 attempt by terrorists in Yemen
to send, via commercial cargo flights, 2 packages of
explosives to Jewish centers in Chicago, Illinois.
(F) A February 2011 plot by Khaled Aldawsari, a
Saudi-born student, to manufacture explosives and
potentially attack New York, New York, the Dallas,
Texas, home of former President George W. Bush, as well
as hydroelectric dams, nuclear power plants, and a
nightclub.
(3) Since the September 11, 2001, attacks on our Nation,
the United States and allied forces have captured thousands of
individuals fighting for or supporting al Qaeda and associated
terrorist organizations that do not abide by the law of war,
including detainees at United States Naval Station, Guantanamo
Bay, Cuba, who served as planners of those attacks, trainers of
terrorists, financiers of terrorists, bomb makers, bodyguards
for Osama bin Laden, recruiters of terrorists, and facilitators
of terrorism.
(4) Many of the detainees at United States Naval Station,
Guantanamo Bay provided valuable intelligence that gave the
United States insight into al Qaeda and its methods, prevented
terrorist attacks, and saved lives.
(5) Intelligence obtained from detainees at United States
Naval Station, Guantanamo Bay was critical to eventually
identifying the location of Osama bin Laden.
(6) In a February 17, 2011, hearing of the Committee on
Armed Services of the Senate, the Secretary of Defense
confirmed that approximately 25 percent of detainees released
from the detention facility at United States Naval Station,
Guantanamo Bay are confirmed to have reengaged in hostilities
or are suspected of having reengaged in hostilities against the
United States or our allies.
(7) Al Qaeda in the Arabian Peninsula, an organization that
includes former detainees at United States Naval Station,
Guantanamo Bay among its leadership and ranks, has claimed
responsibility for several of the recent plots and attacks
against the United States.
(8) Detention according to the law of war is a matter of
national security and military necessity and has long been
recognized as legitimate under international law.
(9) Detaining unprivileged enemy belligerents prevents them
from returning to the battlefield to attack United States and
allied military personnel and engaging in future terrorist
attacks against innocent civilians.
(10) The Joint Task Force-Guantanamo provides for the
humane, legal, and transparent care and custody of detainees at
United States Naval Station, Guantanamo Bay, notwithstanding
regular assaults on the guard force by some detainees.
(11) The International Committee of the Red Cross visits
detainees at United States Naval Station, Guantanamo Bay on a
quarterly basis.
(12) The detention facility at United States Naval Station,
Guantanamo Bay benefits from robust oversight by Congress.
SEC. 3. REAFFIRMATION OF AUTHORITY TO MAINTAIN UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, AS A LOCATION FOR THE
DETENTION OF UNPRIVILEGED ENEMY BELLIGERENTS HELD BY THE
DEPARTMENT OF DEFENSE.
(a) Reaffirmation of Authority as Location for Detention of
Unprivileged Enemy Belligerents.--United States Naval Station,
Guantanamo Bay, Cuba, is and shall be a location for the detention of
individuals in the custody or under the control of the Department of
Defense who have engaged in, or supported, hostilities against the
United States or its coalition partners on behalf of al Qaeda, the
Taliban, or an affiliated group to which the Authorization for Use of
Military Force (Public Law 107-40) applies.
(b) Maintenance as an Operational Facility for Detention.--The
Secretary of Defense shall take appropriate actions to maintain United
States Naval Station, Guantanamo Bay, Cuba, as an open and operating
facility for the detention of current and future individuals as
described in subsection (a).
(c) Permanent Extension of Certain Limitations Relating to
Detainees and Detention Facilities.--
(1) Limitation on transfer of detainees to foreign
entities.--Section 1033(a)(1) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4351) is amended by striking ``during the one-
year period'' and all that follows through ``by this Act'' and
inserting ``the Secretary of Defense may not use any amounts
authorized to be appropriated''.
(2) Prohibition on construction of detention facilities in
united states.--Section 1034(a) of such Act (124 Stat. 4353) is
amended by striking ``None of the funds authorized to be
appropriated by this Act'' and inserting ``No funds authorized
to be appropriated or otherwise made available to the
Department of Defense, or to or for any other department or
agency of the United States Government,''.
(d) Supersedure of Executive Order.--Sections 3, 4(c)(2), 4(c)(3),
4(c)(5), and 7 of Executive Order No. 13492, dated January 22, 2009,
shall have no further force or effect.
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