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H.R.968 - Detainee Security Act of 2011
To provide for certain processes and limitations relating to the detention of certain individuals by the United States, and for other purposes.
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Mr. MCKEON (for himself, Mr. THORNBERRY, Mr. SCHILLING, Mr. WITTMAN, Mr. FORBES, Mr. GRIFFIN of Arkansas, Mr. ROONEY, Mr. SHUSTER, Mr. WILSON of South Carolina, Mr. AKIN, Mr. LAMBORN, Mr. ROGERS of Alabama, Mr. TURNER, Mr. WEST, Mr. FLEMING, Mr. LOBIONDO, Mr. CONAWAY, Mr. RIGELL, Mr. COFFMAN of Colorado, Mr. RUNYAN, Mr. MILLER of Florida, Mr. KLINE, Mr. HECK, Mr. PALAZZO, and Mr. BROOKS) introduced the following bill; which was referred to the Committee on Armed ServicesCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
Sec. 9. Permanent prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from Naval Station Guantanamo Bay, Cuba.CommentsClose CommentsPermalink
SEC. 2. DEFINITIONS.
(1) The term ‘individual detained at Guantanamo’ means any individual who is located at United States Naval Station, Guantanamo Bay, Cuba, on or after March 7, 2011, who--CommentsClose CommentsPermalink
SEC. 3. PROCESS FOR THE REVIEW OF ELIGIBILITY FOR CONTINUED DETENTION OF INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Restrictions on Review- Any administrative board or panel established by any department or agency of the Federal Government for the purpose of conducting reviews to determine the eligibility for continued detention of an individual detained at Guantanamo shall be subject to the following restrictions:CommentsClose CommentsPermalink
(1) Such an individual whose eligibility for continued detention is being reviewed shall not be represented by legal counsel in any proceeding of the board or panel. Such an individual may be assisted by a military personal representative with the appropriate security clearance.CommentsClose CommentsPermalink
(2) A review of an individual’s eligibility for continued detention may not take place sooner than 21 days after the individual first becomes an individual detained at Guantanamo.CommentsClose CommentsPermalink
(4) The Government’s submission to the board or panel regarding the threat posed by such an individual and any mitigating information described in subsection (b)(4) shall be provided to the military personal representative for the individual. Where it is necessary to protect national security, including the protection of intelligence sources and methods, the board or panel may determine that the military personal representative must receive a sufficient substitute or summary of classified information, rather than the underlying information.CommentsClose CommentsPermalink
(A) In the case of such an individual upon whom charges have been served in accordance with
(B) In the case of such an individual who has been convicted by a military commission under chapter 47A of such title of an offense under subchapter VIII of that chapter, until after the individual has completed his sentence.CommentsClose CommentsPermalink
SEC. 4. REQUIREMENT FOR MILITARY CUSTODY FOR MEMBERS OF AL QAEDA, THE TALIBAN, AND ASSOCIATED FORCES SUBJECT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
‘SEC. 130e. REQUIREMENT FOR MILITARY CUSTODY FOR MEMBERS OF AL QAEDA, THE TALIBAN, AND ASSOCIATED FORCES SUBJECT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
‘(a) Custody Pending Disposition Determination- (1) Except as provided in paragraph (3), an individual who is eligible for detention pursuant to the Authorization for Use of Military Force (
Public Law 107-40; 50 U.S.C. 1541note) (as such term is defined in section 130f(c)(1) of this title) shall be held in military custody pending a decision by the President on the disposition of the person.CommentsClose CommentsPermalink
‘(A) Long-term detention without trial until the end of hostilities against the nations, organizations, and persons subject to the Authorization for Use of Military Force (
Public Law 107-40; 50 U.S.C. 1541note).CommentsClose CommentsPermalink
‘(3) The Secretary of Defense, in consultation with the Director of National Intelligence, may waive the requirement under paragraph (1) if the Secretary submits to the appropriate committees of Congress certification in writing that such a waiver is in the national security interests of the United States.CommentsClose CommentsPermalink
(c) Effective Date-
Section 130e of title 10, United States Code, as added by subsection (a) shall take effect on March 4, 2011, and shall apply with respect to individuals eligible for detention pursuant to the Authorization for Use of Military Force ( Public Law 107-40; 50 U.S.C. 1541note) (as such term is defined in section 130f(c)(1) of such title, as so added) who are taken into the custody or brought under the control of the United States on or after that date.CommentsClose CommentsPermalink
SEC. 5. PROHIBITIONS RELATING TO THE TRANSFER AND RELEASE OF CERTAIN DETAINEES.
‘SEC. 130f. PROHIBITIONS RELATING TO THE TRANSFER AND RELEASE OF CERTAIN DETAINEES.
‘(a) Prohibition on Transfer or Release to or Within the United States- No individual who is eligible for detention pursuant to the Authorization for Use of Military Force (
Public Law 107-40; 50 U.S.C. 1541note) may be transferred or released to or within the United States, its territories, or possessions.CommentsClose CommentsPermalink
‘(b) Limitation on Transfer to Foreign Countries- (1) The Secretary of Defense may not transfer any individual described in paragraph (5) to the custody or effective control of the individual’s country of origin, any other foreign country, or any other foreign entity unless the Secretary submits to Congress the certification described in paragraph (2) by not later than 30 days before the transfer of the individual.CommentsClose CommentsPermalink
‘(2) The certification described in this paragraph is a written certification made by the Secretary of Defense, in consultation with the Secretary of State, that the government of the foreign country or the recognized leadership of the foreign entity to which the individual described in paragraph (5) is to be transferred--CommentsClose CommentsPermalink
‘(3)(A) The Secretary of Defense may not transfer any individual described in paragraph (5) to the custody or effective control of the individual’s country of origin, any other foreign country, or any other foreign entity if there is a confirmed case of any individual described in paragraph (5) who was transferred to the foreign country or entity and subsequently engaged in any terrorist activity.CommentsClose CommentsPermalink
‘(B) The Secretary of Defense may waive the prohibition in subparagraph (A) if the Secretary determines that such a transfer is in the national security interests of the United States and includes, as part of the certification described in paragraph (2) relating to such transfer, the determination of the Secretary under this paragraph.CommentsClose CommentsPermalink
‘(4) Paragraphs (1) and (3) shall not apply to any action taken by the Secretary of Defense to transfer any individual described in paragraph (5) to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction. The Secretary shall notify Congress promptly upon issuance of any such order.CommentsClose CommentsPermalink
‘(A) any individual who is part of, or is substantially supporting, al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or cobelligerents; andCommentsClose CommentsPermalink
‘(B) any individual who has engaged in hostilities or has substantially supported hostilities against the United States or its cobelligerents on behalf of or in aid of al-Qaeda, the Taliban, or associated forces.CommentsClose CommentsPermalink
‘(2) The term ‘foreign terrorist organization’ means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (
8 U.S.C. 1189).’.CommentsClose CommentsPermalink
SEC. 6. LIMITATION ON AUTHORITY TO IMPLEMENT EXECUTIVE ORDER OF MARCH 7, 2011.
(a) Limitation- No action may be taken to implement the Executive Order entitled ‘Periodic Review of Individuals Detained at Guantanamo Bay Naval Station Pursuant to the Authorization for Use of Military Force’ and dated March 7, 2011, until the Secretary of Defense submits to the appropriate committees of Congress a national security protocol applicable to each individual who is detained at United States Naval Station, Guantanamo Bay, Cuba, as of the date of March 7, 2011. Each such national security protocol shall include a description of each of the following:CommentsClose CommentsPermalink
(3) Any category of information that such an individual is not permitted to discuss or include in any communications made to persons other than Federal Government personnel and members of the Armed Forces or materials the individual has or creates.CommentsClose CommentsPermalink
(4) Any types of materials to which such an individual is authorized to have access and the process by which such materials, along with materials created by the individual, are reviewed.CommentsClose CommentsPermalink
(5) The nature of any communication such an individual is permitted to have with any persons other than Federal Government personnel and members of the Armed Forces, including mail, phone calls, and video teleconferences, and the extent to which any such communication is to be monitored.CommentsClose CommentsPermalink
(6) Any meetings the individual is permitted to have with any persons other than Federal Government personnel and members of the Armed Forces and the extent to which such a meeting is to be monitored.CommentsClose CommentsPermalink
(7) Any category of information or material that may not be provided to such an individual by persons other than Federal Government personnel and members of the Armed Forces or by the individual’s military or civilian legal counsel or military personal representative.CommentsClose CommentsPermalink
(8) The manner in which any legal materials or communications subject to review under the protocol will be monitored for the protection of national security while also ensuring that any applicable legal privileges are maintained for purposes of litigation related to trial under chapter 47A of title 10, United States Code, or a petition for habeas corpus.CommentsClose CommentsPermalink
(b) Treatment of Classified Material in Security Protocols- A security protocol submitted under subsection (a) shall be in unclassified form but may contain a classified annex.CommentsClose CommentsPermalink
SEC. 7. AFFIRMATION OF ARMED CONFLICT WITH AL-QAEDA, THE TALIBAN, AND ASSOCIATED FORCES.
‘SEC. 130g. AFFIRMATION OF ARMED CONFLICT WITH AL-QAEDA, THE TALIBAN, AND ASSOCIATED FORCES.
‘(1) the United States is engaged in an armed conflict with al-Qaeda, the Taliban, and associated forces and that those entities continue to pose a threat to the United States and its citizens, both domestically and abroad;CommentsClose CommentsPermalink
‘(A) are part of, or are substantially supporting, al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or cobelligerents; orCommentsClose CommentsPermalink
‘(B) have engaged in hostilities or have substantially supported hostilities against the United States or its cobelligerents on behalf of or in aid of al-Qaeda, the Taliban, or associated forces; andCommentsClose CommentsPermalink
‘(A) not later than 90 days after the date of the enactment of this section, of any entity that is considered an associated force for purposes of this section as of such date; andCommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter, as amended by sections 4 and 5, is further amended by adding at the end the following new item:CommentsClose CommentsPermalink
SEC. 8. PROHIBITION ON FAMILY MEMBER VISITATION OF INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA.
The Secretary of Defense shall prohibit any person who is a family member of an individual detained at Guantanamo from visiting the individual at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink
SEC. 9. PERMANENT PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM NAVAL STATION GUANTANAMO BAY, CUBA.
(a) In General- No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense.CommentsClose CommentsPermalink
(c) Conforming Repeal- Section 1034 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (
SEC. 10. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF CAPITAL OFFENSE BY MILITARY COMMISSION.
(1) in subparagraph (C), by inserting before the semicolon the following: ‘, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title’; andCommentsClose CommentsPermalink
‘(c) Pre-Trial Agreements- (1) A plea of guilty made by the accused that is accepted by a military judge under subsection (b) and not withdrawn prior to announcement of the sentence may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction of a sentence of death to a lesser punishment, or that the case will be referred to a military commission under this chapter without seeking the penalty of death. Such an agreement may provide for terms and conditions in addition to a guilty plea by the accused in order to be effective.CommentsClose CommentsPermalink
‘(2) A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the votes of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.’.CommentsClose CommentsPermalink