H.R.968 - Detainee Security Act of 2011112th Congress (2011-2012)
Summary: H.R.968 — 112th Congress (2011-2012)
Introduced in House (03/09/2011)
Detainee Security Act of 2011 - Requires any administrative board or panel conducting reviews to determine the eligibility for the continued detention of a non-U.S. citizen detained on or after March 7, 2011, at the U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) to be subject to specified restrictions, including that: (1) the detainee being reviewed shall not be represented by legal counsel, but may be assisted by a military personal representative; (2) such review may not take place until 21 days after the beginning of such detention; (3) review recommendations shall be made by a panel of military experts in operations, intelligence, and counterterrorism matters; and (4) the government's information concerning the threat posed by the individual and any mitigating information be presented to the representative. Outlines further required board or panel considerations in making recommendations.
Requires an individual determined eligible for detention pursuant to the Authorization for Use of Military Force (Authorization) to be held in military custody pending a disposition decision by the President. Allows such disposition to include: (1) long-term detention without trial until the end of hostilities against the nations, organizations, and persons subject to the Authorization; and (2) military trial under the Uniform Code of Military Justice. Authorizes the Secretary of Defense (DOD) to waive the custody requirement after certifying to the congressional defense and intelligence committees that such waiver is in the U.S. national security interests.
Prohibits any detainee from being transferred or released to or within the United States, its territories, or possessions. Prohibits the Secretary from transferring such an individual to their country of origin or any other foreign country or entity until 30 days after a certification to Congress relating to the anti-terrorism and other aspects of the transfer country. Prohibits transfer to a country or entity if there is a confirmed case of an individual being transferred there who subsequently engaged in terrorist activity (with an authorized waiver by the Secretary).
Prohibits implementation of the Executive Order concerning the periodic review of individuals detained at Guantanamo until the Secretary submits a national security protocol applicable to each detainee.
Affirms U.S. engagement in an armed conflict with al Qaeda, the Taliban, and associated forces.
Directs the Secretary to prohibit any family member from visiting a detainee at Guantanamo.
Prohibits DOD funds from being used to construct or modify any U.S. facility to house such individuals for purposes of detention or imprisonment.