HR 968 · 112th Congress 2011–2013, ended

Detainee Security Act of 2011

Introduced Mar 9, 2011 Originated House Sponsor Howard P. "Buck" McKeon R-CA

Latest action · Mar 9, 2011 Referred to the House Committee on Armed Services.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedMar 9, 2011
Passed HouseNot reached
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

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.

Cosponsors 29

Members who signed on, in the order they did. Signatures ran from Mar 9, 2011 to May 5, 2011; 24 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
R-FL	Allen B. West	Original	Mar 9, 2011
R-PA	Bill Shuster	Original	Mar 9, 2011
R-CO	Doug Lamborn	Original	Mar 9, 2011
R-VA	E. Scott Rigell	Original	Mar 9, 2011
R-NJ	Frank A. LoBiondo	Original	Mar 9, 2011
R-VA	J. Randy Forbes	Original	Mar 9, 2011
R-FL	Jeff Miller	Original	Mar 9, 2011
R-SC	Joe Wilson	Original	Mar 9, 2011
R-LA	John Fleming	Original	Mar 9, 2011
R-MN	John Kline	Original	Mar 9, 2011
R-NJ	Jon Runyan	Original	Mar 9, 2011
R-NV	Joseph J. Heck	Original	Mar 9, 2011
R-TX	K. Michael Conaway	Original	Mar 9, 2011
R-TX	Mac Thornberry	Original	Mar 9, 2011
R-OH	Michael R. Turner	Original	Mar 9, 2011
R-CO	Mike Coffman	Original	Mar 9, 2011
R-AL	Mike Rogers	Original	Mar 9, 2011
R-AL	Mo Brooks	Original	Mar 9, 2011
R-VA	Robert J. Wittman	Original	Mar 9, 2011
R-IL	Robert T. Schilling	Original	Mar 9, 2011
R-MS	Steven M. Palazzo	Original	Mar 9, 2011
R-FL	Thomas J. Rooney	Original	Mar 9, 2011
R-AR	Tim Griffin	Original	Mar 9, 2011
R-MO	W. Todd Akin	Original	Mar 9, 2011
R-IL	Aaron Schock		Mar 17, 2011
R-CA	Duncan Hunter		Mar 17, 2011
R-AL	Martha Roby		Mar 17, 2011
R-PA	Todd Russell Platts		Mar 17, 2011
R-MO	Vicky Hartzler		May 5, 2011

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Armed Services Committee	Referred Mar 9, 2011

Actions 2

Everything that happened, newest first.

Mar 9, 2011Introduced in House
Mar 9, 2011Referred to the House Committee on Armed Services.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: The constitutional authority on which this bill rests is the power of Congress to ``provide for the common defense,'' ``make Rules concerning Captures on Land and Water,'' ``raise and support armies,'' and ``provide and maintain a navy,'' as enumerated in Article I, Section 8 of the United States Constitution.

The sponsor’s statement, as printed in the page H1665.

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To provide for certain processes and limitations relating to the detention of certain individuals by the United States, and for other purposes.
Short Titles as Introduced: Detainee Security Act of 2011

Subjects

Assigned by the Library of Congress. Policy area: Armed Forces and National Security.

Text 1

Each version as it was printed, newest first.

Mar 9, 2011Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.