[Congressional Record Volume 157, Number 64 (Wednesday, May 11, 2011)]
[Senate]
[Pages S2876-S2878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. AYOTTE (for herself, Mr. Graham, Mr. Lieberman, Mr. 
        Chambliss, Mr. Brown of Massachusetts, Mr. Rubio, and Mr. 
        Webb):
  S. 944. 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; to the Committee on 
Armed Services.
  Ms. AYOTTE. Mr. President, nearly 10 years after the September 11 
terrorist attacks, our country remains at war with violent extremists 
who want to kill Americans. Yet the administration has not designated a 
secure location for detaining, interrogating, and trying current and 
future terrorist detainees. Rather than seeking to address this 
problem, the administration continues to insist on closing Guantanamo 
Bay.
  Earlier this week, Attorney General Holder in Paris reiterated the 
administration's determination to ultimately close the Guantanamo Bay 
facility. This determination to close Gitmo represents a misguided view 
that treats terrorism like everyday crime, hesitates to call this war 
on terrorism what it is, and places the perceptions of others over the 
safety of Americans.
  I believe this desire to close Guantanamo represents an unacceptable 
abrogation of the Federal Government's most important responsibility: 
providing for the common defense. Therefore, today I rise to introduce 
and to urge my colleagues to support Senate bill 944, the Detaining 
Terrorists to Secure America Act of 2011.
  Our diligent intelligence professionals and our brave special 
operations forces who brought bin Laden to justice don't need to be 
reminded that the United States and our international partners remain 
engaged in a war with violent Islamist extremist groups, including al-
Qaida and associated terrorist groups that are committed to killing 
Americans and our allies. Indeed, in the treasure trove of information 
our forces gathered at bin Laden's compound, we have learned the 
terrorist groups are actively plotting new attacks against our country. 
This is the latest in a long string of attacks, or planned attacks, 
against our country in the last 2 years alone.
  Just some of the examples of what we have seen: In September 2009, 
the plot to conduct a suicide bomb attack on the New York subway 
system; to the November 2009 attack on Fort Hood that killed 13 people 
and wounded 32; to the Christmas Day 2009 attempted bombing on an 
international flight to Detroit; to the May 2010 attempt to bomb Times 
Square; to the October 2010 attempt to send explosives to Jewish 
centers in Chicago; to a February 2011 plot to manufacture explosives 
and to conduct attacks in Texas and in New York. Al-Qaida and their 
fellow terrorists continue to threaten our country. Bin Laden's death 
is a significant blow to al-Qaida and associated terrorist 
organizations and a great accomplishment for our country, but the 
threat continues and our detention policies must reflect that reality.
  Since 2001, we have captured and detained thousands of terrorists who 
have planned and conducted attacks and who have served as terrorist 
trainers, financiers, bomb makers, bodyguards, recruiters, and 
facilitators. Interrogations of these terrorists, including those at 
Guantanamo, have provided valuable intelligence that has prevented 
attacks, saved lives, and helped locate other terrorists. Detention and 
interrogation of terrorists at Guantanamo not only protects American 
lives which is the core function of our federal government, but 
detention and interrogation of terrorists at Guantanamo also protects 
our allies. Of course, the most recent and noteworthy example that 
demonstrates the value of intelligence gleaned from detainee 
interrogations is the case of Osama bin Laden. Our intelligence 
community would never have found bin Laden if it weren't for the 
intelligence gleaned from the interrogation of terrorist detainees.
  Not only have interrogations of detainees helped us track down other 
terrorists, but detaining terrorists helps prevent future attacks. 
Unfortunately, as Secretary Gates confirmed in response to my question 
during an Armed Services Committee hearing in February, approximately 1 
out of 4, or 25 percent of the Guantanamo detainees who have been 
released, have reengaged or we suspect have reengaged in hostilities 
against the United States and our allies. I can tell my colleagues, as 
a former prosecutor that is an unacceptable reengagement rate.
  Former Guantanamo detainees are conducting suicide bombings, 
recruiting radicals, and training them to kill Americans and our 
allies. Said al Shihri and Abdul Zakir represent two examples of former 
Guantanamo detainees who have returned to the fight and assumed 
leadership positions in terrorist organizations that are dedicated to 
killing Americans and our allies. Said al Shihri is now working as the 
No. 2 in al-Qaida in the Arabian Peninsula. After a recent promotion, 
Abdul Zakir now serves as a top Taliban military commander and a senior 
leader in the Taliban Quetta Shura. In the world of terrorists, it has 
become a badge of honor to have served at Guantanamo, and then to have 
been released, and then to get back into the fight against us.
  It is unacceptable for even one released detainee to reengage in the 
fight against our country. As a military spouse and a member of the 
Senate Armed Services Committee, I find it sickening that our country 
has released dangerous prisoners who are

[[Page S2877]]

now actively plotting to kill Americans and our allies.
  Some have expressed concerns regarding the legality of long-term 
detention for these terrorists, or expressed concerns about the 
conditions at Guantanamo. I wish to address both of those concerns.
  First, as the former Attorney General of the State of New Hampshire, 
I am as eager as anyone to ensure that our detention policies conform 
to the rule of law and reflect our core values. Some have questioned 
the legality of detaining terrorists. Yet we should be very clear that, 
according to the law of war, detention is a matter of national security 
and military necessity and has long been recognized as legitimate under 
international law.
  Second, some have expressed concerns about the conditions at 
Guantanamo. In March, I visited the Guantanamo Bay detention facility. 
Gitmo now represents the most professionally run detention facility in 
the world. International human rights activists, reporters, Members of 
the Congress and the Senate, constantly stream through Guantanamo 
checking on the conditions and holding the Department of Defense 
accountable. Guantanamo is no Abu Ghraib. Detainees are treated in a 
manner that conforms to international law and honors our values. 
Guantanamo detainees receive three meals a day tailored to the 
preferences of each detainee. They also have access to topnotch health 
care facilities. Their religion is respected. They have television, 
newspapers, books, English classes, and art classes. In fact, the 
officials at Guantanamo bend over backwards to respect the cultural and 
religious preferences of the detainees who are held there. Don't get me 
wrong; Guantanamo is no Club Med, but the terrorists who are detained 
there, most of whom would undoubtedly kill Americans if they were given 
the chance, are getting much better treatment than they deserve.
  As a former prosecutor, I have been in a few prisons in my time, and 
I can tell my colleagues the detention facility at Gitmo is much nicer 
than some that our common criminals are in, in the United States of 
America. I was also impressed with the state-of-the-art courtroom at 
Guantanamo which would rival any Federal courtroom in the United 
States. However, unlike your average courtroom, it is set up to address 
the special security concerns associated with trying terrorists and it 
is also especially designed to enable the judge to ensure that 
classified information will not be compromised or leaked. This 
courtroom is the appropriate courtroom and venue for Khalid Sheikh 
Mohammed and the other 9/11 conspirators to be held accountable for 
their roles in the horrific attacks on our country on September 11. And 
after almost 10 years, the victims of September 11 have waited much too 
long for justice.
  I believe our country stands on a solid legal framework in detaining 
terrorists according to the law of war, and I also believe Guantanamo 
represents the ideal facility for detaining, interrogating, and trying 
current and future terrorist detainees.
  Some may ask, Why introduce this legislation now? Why is it needed? 
In February, during a Senate Armed Services Committee hearing, I asked 
Secretary Gates where we would detain high value terrorists that we 
capture in the future if the President goes forward with his plan to 
close Guantanamo. Secretary Gates candidly said to me: ``I think the 
honest answer to that question is we don't know.''
  I was encouraged by President Obama's decision to resume military 
commissions at Guantanamo. Yet the administration was careful to 
reiterate its determination to ultimately close Guantanamo. 
Unfortunately, as I previously mentioned, on Monday Attorney General 
Holder, in Paris, reiterated the administration's desire to close 
Guantanamo. But we know intelligence gathered at Guantanamo played a 
valuable role in helping to ultimately find Osama bin Laden. We know 
there are other terrorists out there who want to do us harm, and we 
need to keep this facility open. For this reason, I believe Congress 
must pass this legislation without delay.
  Before concluding, let me briefly summarize what S. 944 will do.
  This legislation reaffirms the authority to maintain Gitmo as an 
operating facility for the detention of current and future unprivileged 
enemy belligerents.
  It directs the Secretary of Defense to take actions to maintain Gitmo 
as an operating facility for the detention of current and future 
unprivileged enemy belligerents.
  It extends permanently the limitation of transfer of detainees to 
foreign entities and the prohibition of construction or modification of 
facilities in the United States of America for detaining terrorists. We 
have heard loud and clear from the American people that they do not 
want terrorists detained on American soil.
  Finally, it supersedes sections of President Obama's Executive order 
that he issued shortly after he got into office on January 22, 2009. He 
issued an Executive order saying that Guantanamo would be closed. This 
legislation will supersede the portions of that Executive order related 
to the closure of Gitmo, the determination of transfer, the prosecution 
of terrorists in article III courts and the military tribunals.
  In short, this legislation would establish Gitmo as the permanent 
location for detaining, interrogating, and trying unprivileged enemy 
belligerents or terrorists. To accomplish this, we will permanently 
limit the transfer of detainees to foreign entities because what has 
happened is that terrorist detainees have been transferred to foreign 
countries and then the foreign countries release the former detainee. 
That is how so many former detainees have made there way back to the 
battlefield. So we have to stop that. And this legislation will 
prohibit the construction or modification of facilities in the United 
States of America for detaining terrorists, to make sure we keep 
detained terrorists at Gitmo and off U.S. soil.
  I am proud to introduce this bipartisan legislation called Detaining 
Terrorists to Secure America Act of 2011, S. 944. I am especially proud 
that many friends and colleagues have decided to support this 
bipartisan legislation, including Senators Graham, Lieberman, 
Chambliss, Brown, Rubio and Webb, all of whom have been leaders when it 
comes to fighting terrorism and protecting Americans.
  Everything we do in this Chamber must be guided by our Constitution, 
and the Federal Government must fulfill its most important 
constitutional duty of protecting the American people. Pretending we 
are not at war with terrorists will not change the fact that terrorists 
continue to plot against us and to attack Americans. Consistent with 
our values and the rule of law, we must establish the Guantanamo 
detention facility as the permanent location for detaining, 
interrogating, and trying terrorists.
  I urge my colleagues to support this legislation, and I thank the 
Presiding Officer.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 944

       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.

[[Page S2878]]

       (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.
                                 ______