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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 551 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 551

    To improve procedures for the detention and review of status of 
detainees of the United States in connection with the continuing armed 
      conflict with al Qaeda, the Taliban, and affiliated groups.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2011

Mr. McCain (for himself, Mr. Graham, Mr. Lieberman, Mr. Chambliss, Ms. 
Ayotte, and Mr. Brown of Massachusetts) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
    To improve procedures for the detention and review of status of 
detainees of the United States in connection with the continuing armed 
      conflict with al Qaeda, the Taliban, and affiliated groups.

    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 ``Military Detainee Procedures 
Improvement Act of 2011''.

SEC. 2. REAFFIRMATION OF AUTHORITY OF THE PRESIDENT TO DETAIN 
              UNPRIVILEGED ENEMY BELLIGERENTS IN CONNECTION WITH THE 
              CONTINUING ARMED CONFLICT WITH AL QAEDA, THE TALIBAN, AND 
              AFFILIATED GROUPS.

    (a) In General.--Congress reaffirms that the United States is in an 
armed conflict with al Qaeda, the Taliban, and affiliated groups and 
that those entities continue to pose a threat to the United States and 
its citizens, both domestically and abroad.
    (b) Authority.--Congress reaffirms that the President is authorized 
to detain unprivileged enemy belligerents in connection with the 
continuing armed conflict with al Qaeda, the Taliban, and affiliated 
groups, regardless of the place of capture, until the termination of 
hostilities.
    (c) Rule of Construction.--The authority described in subsection 
(b) shall not be construed to alter or limit the authority of the 
President under the Constitution of the United States to detain 
belligerents in the continuing armed conflict with al Qaeda, the 
Taliban, and affiliated groups, or in any other armed conflict.
    (d) Definitions.--In this section:
            (1) The term ``hostilities'' means any conflict subject to 
        the laws of war.
            (2) The term ``privileged belligerent'' means an individual 
        belonging to one of the eight categories enumerated in Article 
        4 of the Geneva Convention Relative to the Treatment of 
        Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).
            (3) The term ``unprivileged enemy belligerent'' means an 
        individual (other than a privileged belligerent) who before, 
        on, or after September 11, 2001--
                    (A) has engaged in hostilities against the United 
                States or its coalition partners;
                    (B) has purposefully and materially supported 
                hostilities against the United States or its coalition 
                partners; or
                    (C) was a member of, part of, or operated in a 
                clandestine, covert, or military capacity on behalf of 
                al Qaeda, the Taliban, or an affiliated group against 
                which the Authorization for Use of Military Force 
                (Public Law 107-40) applies.

SEC. 3. MILITARY CUSTODY FOR MEMBERS OF AL QAEDA, THE TALIBAN, AND 
              AFFILIATED GROUPS SUBJECT TO THE AUTHORIZATION FOR USE OF 
              MILITARY FORCE.

    (a) Custody Pending Disposition Under Law of War.--
            (1) In general.--Except as provided in paragraph (3), an 
        unprivileged enemy belligerent shall be held in military 
        custody pending disposition under the law of war.
            (2) Disposition under law of war.--The disposition of a 
        person under the law of war as described in paragraph (1) may 
        include the following:
                    (A) Long-term detention under the law of war 
                without trial until the end of hostilities against the 
                nations, organizations, and persons subject to the 
                Authorization for Use of Military Force.
                    (B) Trial under chapter 47A of title 10, United 
                States Code (as amended by the Military Commissions Act 
                of 2009 (title XVIII of Public Law 111-84)).
                    (C) Subject to the availability of appropriations--
                            (i) transfer for trial by an alternative 
                        court or competent tribunal having lawful 
                        jurisdiction; or
                            (ii) transfer to the custody or control of 
                        the person's country of origin, any other 
                        foreign country, or any other foreign entity 
                        under section 4.
            (3) Waiver for national security.--The Secretary of Defense 
        may waive the requirement under paragraph (1) if the Secretary 
        submits to Congress certification in writing that such a waiver 
        is in the national security interests of the United States.
    (b) Definitions.--In this section:
            (1) The term ``hostilities'' means any conflict subject to 
        the laws of war.
            (2) The term ``privileged belligerent'' means a person 
        belonging to one of the eight categories enumerated in Article 
        4 of the Geneva Convention Relative to the Treatment of 
        Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).
            (3) The term ``unprivileged enemy belligerent'' means a 
        person (other than a privileged belligerent) who before, on, or 
        after September 11, 2001--
                    (A) has engaged in hostilities against the United 
                States or its coalition partners;
                    (B) has purposefully and materially supported 
                hostilities against the United States or its coalition 
                partners; or
                    (C) was a member of, part of, or operated in a 
                clandestine, covert, or military capacity on behalf of 
                al Qaeda, the Taliban, or an affiliated group against 
                which the Authorization for Use of Military Force 
                (Public Law 107-40) applies.
    (c) Effective Date.--This section shall take effect on the date of 
the enactment of this Act, and shall apply with respect to unprivileged 
enemy belligerents who are taken into the custody or brought under the 
control of the United States on or after that date.

SEC. 4. PERMANENT REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE 
              TRANSFER OF DETAINEES AT NAVAL STATION GUANTANAMO BAY, 
              CUBA, TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.

    (a) Certification Required Prior To Transfer.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of Defense may not use any amounts authorized to be 
        appropriated or otherwise available to the Department of 
        Defense to transfer any individual detained at Guantanamo to 
        the custody or 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 subsection (b) not later than 30 days before the transfer of 
        the individual.
            (2) Exception.--Paragraph (1) shall not apply to any action 
        taken by the Secretary to transfer any individual detained at 
        Guantanamo 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 the issuance of any such 
        order.
    (b) Certification.--A certification described in this subsection is 
a written certification made by the Secretary of Defense, with the 
concurrence of the Secretary of State, that the government of the 
foreign country or the recognized leadership of the foreign entity to 
which the individual detained at Guantanamo is to be transferred--
            (1) is not a designated state sponsor of terrorism or a 
        designated foreign terrorist organization;
            (2) maintains control over each detention facility in which 
        the individual is to be detained if the individual is to be 
        housed in a detention facility;
            (3) is not, as of the date of the certification, facing a 
        threat that is likely to substantially affect its ability to 
        exercise control over the individual;
            (4) has agreed to take effective actions to ensure that the 
        individual cannot take action to threaten the United States, 
        its citizens, or its allies in the future;
            (5) has taken such actions as the Secretary of Defense 
        determines are necessary to ensure that the individual cannot 
        engage or reengage in any terrorist activity; and
            (6) has agreed to share with the United States any 
        information that--
                    (A) is related to the individual or any associates 
                of the individual; and
                    (B) could affect the security of the United States, 
                its citizens, or its allies.
    (c) Prohibition and Waiver in Cases of Prior Confirmed 
Recidivism.--
            (1) Prohibition.--Except as provided in paragraph (3), the 
        Secretary of Defense may not use any amounts authorized to be 
        appropriated or otherwise made available to the Department of 
        Defense to transfer any individual detained at Guantanamo to 
        the custody or 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 who was detained at 
        United States Naval Station, Guantanamo Bay, Cuba, at any time 
        after September 11, 2001, who was transferred to such foreign 
        country or entity and subsequently engaged in any terrorist 
        activity.
            (2) Waiver.--The Secretary may waive the prohibition in 
        paragraph (1) if the Secretary determines that a transfer 
        otherwise covered by that paragraph is in the national security 
        interests of the United States and includes, as part of the 
        certification described in subsection (b) relating to such 
        transfer, the determination of the Secretary under this 
        paragraph.
            (3) Exception.--Paragraph (1) shall not apply to any action 
        taken by the Secretary to transfer any individual detained at 
        Guantanamo 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 the issuance of any such 
        order.
    (d) Definitions.--In this section:
            (1) The term ``individual detained at Guantanamo'' means 
        any individual located at United States Naval Station, 
        Guantanamo Bay, Cuba, as of October 1, 2009, who--
                    (A) is not a citizen of the United States or a 
                member of the Armed Forces of the United States; and
                    (B) is--
                            (i) in the custody or under the control of 
                        the Department of Defense; or
                            (ii) otherwise under detention at United 
                        States Naval Station, Guantanamo Bay, Cuba.
            (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).
    (e) Repeal of Superseded Authority.--Section 1033 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111-383) is repealed.

SEC. 5. 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 described in subsection (c) for 
the purposes of detention or imprisonment in the custody or under the 
control of the Department of Defense.
    (b) Exception.--The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.
    (c) Covered Individuals.--An individual described in this 
subsection is any individual located at United States Naval Station, 
Guantanamo Bay, Cuba, as of October 1, 2009, who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the control of the 
                Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.
    (d) Repeal of Superseded Authority.--Section 1034 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111-383) is amended by striking subsections (a) and (b).

SEC. 6. UNIFORM PROCEDURES FOR DETENTION REVIEW AND STATUS 
              DETERMINATION REGARDING SUSPECTED UNPRIVILEGED ENEMY 
              BELLIGERENTS.

    The Detainee Treatment Act of 2005 (title XIV of Public Law 109-
163; 10 U.S.C. 801 note) is amended by inserting after section 1405 the 
following new sections:

``SEC. 1405A. PROCEDURES FOR ANNUAL DETENTION REVIEW.

    ``(a) Procedures.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Secretary of Defense 
        shall submit to the appropriate committees of Congress a report 
        setting forth the procedures for an annual review process to 
        recommend to the President whether to release, transfer, or 
        continue to detain in military custody each detainee described 
        in subsection (b), subject to the exceptions in subsection (c).
            ``(2) Recommendations.--Recommendations pursuant to the 
        annual review process shall be made by a panel consisting of 
        military experts in military operations, intelligence, and 
        anti-terrorism matters, and shall not bind the President.
    ``(b) Covered Detainees.--A detainee described in this subsection 
is any individual who is currently detained by the United States in 
military custody at United States Naval Station Guantanamo Bay, Cuba, 
as an unprivileged enemy belligerent.
    ``(c) Exceptions.--A detainee shall not be treated as a detainee 
described in subsection (b) under circumstances as follows:
            ``(1) In the case of a detainee upon whom charges have been 
        served in accordance with section 948s of title 10, United 
        States Code (as amended by the Military Commissions Act of 2009 
        (title XVIII of Public Law 111-84)), until after final judgment 
        has been reached on such charges.
            ``(2) In the case of a detainee who has been convicted by a 
        military commission under chapter 47A of such title (as so 
        amended) of an offense under subchapter VIII of that chapter 
        (as so amended), until after the detainee has completed his 
        sentence.
            ``(3) If the detainee has been designated by the Department 
        of Defense for release or transfer out of United States custody 
        or has been ordered released by a court of competent 
        jurisdiction.
    ``(d) Considerations.--In considering the recommendation to make 
regarding a detainee under the annual review process, a panel shall 
determine--
            ``(1) whether the detainee represents a continuing threat 
        to the United States or its allies; and
            ``(2) whether there are other factors that form a need for 
        continued detention of the detainee, including--
                    ``(A) the likelihood the detainee will resume 
                terrorist activity if transferred or released;
                    ``(B) the likelihood the detainee will reestablish 
                ties with an organization engaged in hostilities 
                against the United States or its allies if transferred 
                or released;
                    ``(C) the likelihood of family, tribal, or 
                government rehabilitation or support for the detainee 
                if transferred or released;
                    ``(D) the likelihood the detainee may be subject to 
                trial by military commission; and
                    ``(E) any law enforcement interest in the detainee.
    ``(e) Definitions.--In this section:
            ``(1) The term `appropriate committees of Congress' means--
                    ``(A) the Committee on Armed Services and the 
                Select Committee on Intelligence of the Senate; and
                    ``(B) the Committee on Armed Services and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
            ``(2) The term `hostilities' means any conflict subject to 
        the laws of war.
            ``(3) The term `privileged belligerent' means an individual 
        belonging to one of the eight categories enumerated in Article 
        4 of the Geneva Convention Relative to the Treatment of 
        Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).
            ``(4) The term `unprivileged enemy belligerent' means an 
        individual (other than a privileged belligerent) who before, 
        on, or after September 11, 2001--
                    ``(A) has engaged in hostilities against the United 
                States or its coalition partners;
                    ``(B) has purposefully and materially supported 
                hostilities against the United States or its coalition 
                partners; or
                    ``(C) was a member of, part of, or operated in a 
                clandestine, covert, or military capacity on behalf of 
                al Qaeda, the Taliban, or an affiliated group against 
                which the Authorization for Use of Military Force 
                (Public Law 107-40) applies.

``SEC. 1405B. PROCEDURES FOR STATUS DETERMINATION OF UNPRIVILEGED ENEMY 
              BELLIGERENTS.

    ``(a) In General.--Not later than 90 days after the date of the 
enactment of this section, the Secretary of Defense shall submit to the 
appropriate committees of Congress a report setting forth the 
procedures for determining the status of unprivileged enemy 
belligerents under the custody or control of the United States who are 
captured after the date of the enactment of this section, regardless of 
the place of capture.
    ``(b) Elements of Procedures.--The procedures required by this 
section shall provide for the following:
            ``(1) A military judge shall preside at proceedings for the 
        determination of status of an unprivileged enemy belligerent.
            ``(2) An unprivileged enemy belligerent may, at the 
        election of the belligerent, be represented by military counsel 
        at proceedings for the determination of status of the 
        belligerent.
    ``(c) Report on Modification of Procedures.--The Secretary of 
Defense shall submit to the appropriate committees of Congress a report 
on any modification of the procedures submitted under this section. The 
report on any such modification shall be so submitted not later than 60 
days before the date on which such modification goes into effect.
    ``(d) Definitions.--In this section, the terms `appropriate 
committees of Congress' and `unprivileged enemy belligerent' have the 
meaning given such terms in section 1405A(e).''.

SEC. 7. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF CAPITAL 
              OFFENSE BY MILITARY COMMISSION.

    (a) Clarification of Right.--Section 949m(b)(2) of title 10, United 
States Code, is amended--
            (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''; and
            (2) in subparagraph (D), by inserting ``on the sentence'' 
        after ``vote was taken''.
    (b) Pre-Trial Agreements.--Section 949i of such title is amended by 
adding at the end the following new subsection:
    ``(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.
    ``(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.''.

SEC. 8. SENSE OF CONGRESS ON TARGETING OF INDIVIDUALS INVOLVED IN 
              TERRORIST ATTACKS AGAINST THE UNITED STATES.

    (a) Findings.--Congress makes the following findings:
            (1) Al Qaeda and affiliated groups planned and perpetrated 
        the heinous terrorist attacks of September 11, 2001, against 
        our Nation, and have planned and attempted numerous other 
        terrorist attacks against the United States before and after 
        September 11, 2001.
            (2) Al Qaeda and its affiliated organizations continue to 
        actively plot attacks against the United States and its 
        citizens.
            (3) The United States Government has disrupted several 
        attacks against the United States and its citizens in recent 
        months, including attacks attempting specifically to target 
        civilians.
            (4) Under the Authorization for Use of Military Force 
        (Public Law 107-40), the President is authorized to use ``all 
        necessary and appropriate force'' against nations, terrorist 
        organizations, and individuals the President determines 
        planned, authorized, committed, or aided the September 11, 
        2001, attacks in order to prevent future acts of international 
        terrorism against the United States.
            (5) On May 21, 2009, President Barack Obama stated ``[n]ow 
        let me be clear: we are indeed at war with al Qaeda and its 
        affiliates''.
            (6) The United States has a legitimate right to defend 
        itself against imminent threats to its sovereign territory and 
        its citizens.
            (7) The United States Government has stated its commitment 
        to seek to defend the United States against al Qaeda and 
        affiliated groups by using all instruments of power at its 
        disposal, including diplomatic, intelligence, military, legal, 
        and economic instruments.
            (8) The United States Armed Forces are engaged in active 
        combat operations against al Qaeda and its affiliates, 
        including through combat operations in Afghanistan and through 
        lethal action operations against legitimate military 
        objectives.
            (9) Decisions to target legitimate military objectives for 
        lethal action are rightfully made by the President, as 
        Commander in Chief of the United States Armed Forces, and 
        military commanders;
            (10) The United States Government believes that al Qaeda 
        and its affiliates continue to actively plot terrorist attacks, 
        and recruit terrorist operatives to carry out attacks against 
        the United States.
    (b) Sense of Congress.--It is the sense of Congress--
            (1) that, under the Authorization for Use of Military 
        Force, the President has the authority to use lethal force 
        against legitimate military objectives, including nations, 
        organizations, and persons determined by the President to be 
        members of al Qaeda and its affiliated terrorist organizations 
        that plot, facilitate, or undertake terrorist attacks against 
        the United States and its citizens, and that pose an imminent 
        threat by actively plotting or participating in terrorist 
        attacks against the United States or its interests that cannot 
        be otherwise obviated due to a host nation's refusal or 
        inability to arrest, detain, or prosecute the individuals or 
        organizations;
            (2) that the President, as Commander in Chief of the United 
        States Armed Forces, has the authority and responsibility, 
        along with his advisors and commanders of the United States 
        Armed Forces, to identify legitimate military objectives and to 
        determine the most appropriate and efficacious circumstances 
        and tactical means for carrying out lethal action against 
        legitimate military objectives; and
            (3) to reaffirm its commitment to ensuring that lethal 
        action is undertaken in accordance with United States 
        obligations under international law, including its obligations 
        to uphold the principles of military necessity, discrimination, 
        and proportionality, and to conduct timely, rigorous, and 
        sustained oversight over lethal action policies, decisions, and 
        operations.

SEC. 9. SENSE OF CONGRESS ON JUSTICE FOR VICTIMS AND FAMILIES OF THOSE 
              KILLED OR INJURED IN AL QAEDA ATTACKS ON THE UNITED 
              STATES.

    (a) Findings.--Congress makes the following findings:
            (1) Al Qaeda planned and carried out attacks against United 
        States embassies in Nairobi, Kenya, and Dar es Salaam, 
        Tanzania, on August 7, 1998, resulting in 224 deaths, including 
        12 United States citizens and 3 members of the United States 
        Armed Forces, and injuries to approximately 4,085 people.
            (2) Al Qaeda planned and carried out the bombing of the 
        U.S.S. Cole in Aden, Yemen, on October 12, 2000, resulting in 
        the deaths of 17 American sailors and serious injuries to 39 
        other members of the crew of the U.S.S. Cole. The attack 
        disabled an American warship.
            (3) Al Qaeda and its affiliated groups planned and carried 
        out the attacks against the United States in New York, 
        Virginia, and Pennsylvania on September 11, 2001, resulting in 
        the deaths of nearly 3,000 men, women, and children. The 
        overwhelming majority of casualties were civilians, including 
        nationals of over 70 countries. Among the targets attacked was 
        the Pentagon, the official headquarters of the United States 
        Armed Forces, where 184 people were killed.
            (4) Under the Authorization for Use of Military Force 
        (Public Law 107-40), the President is authorized to use ``all 
        necessary and appropriate force'' against those nations, 
        terrorist organizations, and persons the President determines 
        planned, authorized, committed, or aided the September 11, 
        2001, attacks in order to prevent future acts of international 
        terrorism against the United States.
            (5) Al Qaeda and its affiliated groups continue to actively 
        plot attacks against the United States and its citizens, 
        including--
                    (A) the attempted bombing on December 25, 2009, of 
                a civilian airliner carrying nearly 300 innocent people 
                near Detroit, Michigan;
                    (B) the attempted bombing of Times Square in New 
                York, New York, on May 3, 2010; and
                    (C) an attempted parcel bomb attack directed to 
                addresses in Chicago, Illinois, that was disrupted 
                outside the United States on October 29, 2010.
            (6) The criminal trial of Ahmed Ghailani, who was captured 
        on July 25, 2004, for his participation in the al Qaeda bombing 
        of the United States embassies in East Africa resulted in a 
        conviction on November 17, 2010, on a single count of 
        conspiracy and a finding of not guilty on 284 other counts 
        including all counts of murder of United States citizens.
            (7) On May 21, 2009, President Barack Obama stated ``[n]ow 
        let me be clear: we are indeed at war with al Qaeda and its 
        affiliates''.
            (8) The 10-year anniversary of the bombing of the U.S.S. 
        Cole was marked on October 12, 2010, and an alleged key 
        participant in the bombing, Abd al-Rahim al-Nashiri, who was 
        first charged in preparation for trial by military commission 
        in June, 2008, remains in detention without charges at United 
        States Naval Station Guantanamo Bay, Cuba.
            (9) The 10-year anniversary of the al Qaeda attacks on the 
        United States on September 11, 2001, occurs this year.
            (10) The alleged mastermind of those attacks on the United 
        States, Khalid Sheikh Mohammed, was first charged in 
        preparation for trial by military commission on April 15, 2008, 
        and charges were lawfully referred to a military commission on 
        May 9, 2008.
            (11) According to media reports at the time, Khalid Sheikh 
        Mohammed and his co-conspirators were prepared to plead guilty 
        to their participation in those attacks on the United States 
        before a military commission.
            (12) Khalid Sheikh Mohammed has made statements, including 
        those during his Combatant Status Review Tribunal held at 
        United States Naval Station Guantanamo Bay, that he is 
        responsible for planning those attacks on the United States.
            (13) One of the first acts of the Obama Administration upon 
        taking office was to suspend all military commissions on 
        January 21, 2009.
            (14) The Attorney General announced on November 13, 2009, 
        that the cases of five detainees held at United States Naval 
        Station Guantanamo Bay should be prosecuted by military 
        commission, including the alleged bomber of the U.S.S. Cole, 
        but all these cases have not gone forward to trial.
            (15) Congress has twice enacted a statute on military 
        commissions, once at the request of the George W. Bush 
        Administration in 2006, and a second time, with significant 
        reforms and changes with the assistance of the Department of 
        Justice and the Department of Defense, at the request of the 
        Obama Administration in 2009.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the military commissions system enacted by Congress and 
        approved by the President is fully consistent with the rule of 
        law and the international obligations of the United States, 
        including the Geneva Conventions;
            (2) the attacks on the United States by al Qaeda and its 
        affiliated groups to which the Authorization for Use of 
        Military Force applies are violations of the law of war for 
        which trial by military commission has traditionally been used 
        to mete out justice during the history of the United States; 
        and
            (3) members of al Qaeda and its affiliated groups who have 
        long been detained under the law of war and who are, in the 
        opinion of the cognizant officials, responsible for attacks 
        against the United States, should be tried without further 
        delay by a military commission held at United States Naval 
        Station, Guantanamo Bay, Cuba.
                                 <all>
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