To require the detention at United States Naval Station, Guantanamo Bay, Cuba, of high-value enemy combatants who will be detained long-term.

1. Adds SEC. 1038. REQUIREMENT FOR DETENTION AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, OF HIGH-VALUE DETAINEES WHO WILL BE DETAINED LONG-TERM at the end of subtitle D of title X

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   "(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 unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.".

   Inserted: SEC. 1038. REQUIREMENT FOR DETENTION AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, OF HIGH-VALUE DETAINEES WHO WILL BE DETAINED LONG-TERM.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) The United States is still in a global war on terror and engaged in armed conflict with terrorist organizations, and will continue to capture terrorists who will need to be detained in a secure facility.

   Inserted: (2) Since 2002, enemy combatants have been captured by the United States and its allies and detained in facilities at the Guantanamo Bay Detention Facility (GTMO) at United States Naval Station, Guantanamo Bay, Cuba.

   Inserted: (3) The United States has detained almost 800 al-Qaeda and Taliban combatants at the Guantanamo Bay Detention Facility.

   Inserted: (4) More than 600 detainees have been tried, transferred, or released from the Guantanamo Bay Detention Facility to other countries.

   Inserted: (5) The last enemy combatant brought to the Guantanamo Bay Detention Facility for detention was brought in June 2008.

   Inserted: (6) The military detention facilities at the Guantanamo Bay Detention Facility meet the highest international standards, and play a fundamental part in protecting the lives of Americans from terrorism.

   Inserted: (7) The Guantanamo Bay Detention Facility is a state-of-the-art facility that provides humane treatment for all detainees, is fully compliant with the Geneva Convention, and provides treatment and oversight that exceed any maximum-security prison in the world, as attested to by human rights organizations, the International Committee of the Red Cross, Attorney General Holder, and an independent commission led Admiral Walsh.

   Inserted: (8) The Guantanamo Bay Detention Facility is a secure location away from population centers, provides maximum security required to prevent escape, provides multiple levels of confinement opportunities based on the compliance of detainees, and provides medical care not available a majority of the population of the world.

   Inserted: (9) The Expeditionary Legal Complex (ELC) at the Guantanamo Bay Detention Facility is the only one of its kind in the world. It provides a secure location to secure and try detainees charged by the United States Government, full access to sensitive and classified information, full access to defense lawyers and prosecution, and full media access by the press.

   Inserted: (10) The Guantanamo Bay Detention Facility is the single greatest repository of human intelligence in the war on terror.

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   Inserted: (11) The intelligence derived from the Guantanamo Bay Detention Facility has prevented terrorist attacks and saved lives in the past and continues to do so today.

   Inserted: (12) The intelligence obtained from questioning detainees at the Guantanamo Bay Detention Facility includes information on the following:

   Inserted: (A) The organizational structure of al-Qaeda, the Taliban, and other terrorist groups.

   Inserted: (B) The extent of the presence of terrorists in Europe, the United States, and the Middle East, and elsewhere around the globe.

   Inserted: (C) The pursuit of weapons of mass destruction by al-Qaeda.

   Inserted: (D) The methods of recruitment by al-Qaeda and the locations of its recruitment centers.

   Inserted: (E) The skills of terrorists, including general and specialized operative training.

   Inserted: (F) The means by which legitimate financial activities are used to hide terrorist operations.

   Inserted: (13) Key intelligence used to find Osama bin Laden was obtained at least in part through the use of enhanced interrogation of detainees at the Guantanamo Bay Detention Facility, with Leon Panetta, Director of the Central Intelligence Agency, acknowledging that "[c]learly some of it came from detainees and the interrogation of detainees. . ." and confirming that "they used these enhanced interrogation techniques against some of those detainees".

   Inserted: (b) Requirement.--Each high-value enemy combatant who is captured or otherwise taken into long-term custody or detention by the United States shall, while under such detention of the United States, be detained at the Guantanamo Bay Detention Facility (GTMO) at United States Naval Station, Guantanamo Bay, Cuba.

   Inserted: (c) High-value Enemy Combatant Defined.--In this section, the term "high-value enemy combatant" means an enemy combatant who--

   Inserted: (1) is a senior member of al-Qaeda, the Taliban, or any associated terrorist group;

   Inserted: (2) has knowledge of an imminent terrorist threat against the United States or its territories, the Armed Forces of the United States, the people or organizations of the United States, or an ally of the United States;

   Inserted: (3) has, or has had, direct involvement in planning or preparing a terrorist action against the United States or an ally of the United States or in assisting the leadership of al-Qaeda, the Taliban, or any associated terrorist group in planning or preparing such a terrorist action; or

   Inserted: (4) if released from detention, would constitute a clear and continuing threat to the United States or any ally of the United States.

   Original wording

   At the end of subtitle D of title X, add the following:

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As printed