[Congressional Record: May 11, 2011 (Senate)]
[Page S2876-S2889]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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.
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