I 
112TH CONGRESS 
1ST SESSION 
H. R. 968 
To provide for certain processes and limitations relating to the detention 
of certain individuals by the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2011 
Mr. MCKEON (for himself, Mr. THORNBERRY, Mr. SCHILLING, Mr. WITTMAN, 
Mr. FORBES, Mr. GRIFFIN of Arkansas, Mr. ROONEY, Mr. SHUSTER, Mr. 
WILSON of South Carolina, Mr. AKIN, Mr. LAMBORN, Mr. ROGERS of 
Alabama, Mr. TURNER, Mr. WEST, Mr. FLEMING, Mr. LOBIONDO, Mr. 
CONAWAY, Mr. RIGELL, Mr. COFFMAN of Colorado, Mr. RUNYAN, Mr. 
MILLER of Florida, Mr. KLINE, Mr. HECK, Mr. PALAZZO, and Mr. 
BROOKS) introduced the following bill; which was referred to the Com-
mittee on Armed Services 
A BILL 
To provide for certain processes and limitations relating to 
the detention of certain individuals by the United States, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Detainee Security Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Process for the review of eligibility for continued detention of individuals 
detained at Naval Station, Guantanamo Bay, Cuba. 
Sec. 4. Requirement for military custody for members of al Qaeda, the Taliban, 
and associated forces subject to the Authorization for Use of 
Military Force. 
Sec. 5. Prohibitions relating to the transfer and release of certain detainees. 
Sec. 6. Limitation on authority to implement Executive Order of March 7, 
2011. 
Sec. 7. Affirmation of armed conflict with al-Qaeda, the Taliban, and associated 
forces. 
Sec. 8. Prohibition on family member visitation of individuals detained at Naval 
Station, Guantanamo Bay, Cuba. 
Sec. 9. 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. 
Sec. 10. Clarification of right to plead guilty in trial of capital offense by mili-
tary commission. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) The term ‘‘individual detained at Guanta-
namo’’ means any individual who is located at 
United States Naval Station, Guantanamo Bay, 
Cuba, on or after March 7, 2011, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is in the custody or under the effective 
control of the Department of Defense. 
(2) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services and 
the Select Committee on Intelligence of the 
Senate; and 
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(B) the Committee on Armed Services and 
the Permanent Select Committee on Intelligence 
of the House of Representatives. 
SEC. 3. PROCESS FOR THE REVIEW OF ELIGIBILITY FOR 
CONTINUED DETENTION OF INDIVIDUALS DE-
TAINED AT NAVAL STATION, GUANTANAMO 
BAY, CUBA. 
(a) RESTRICTIONS ON REVIEW.—Any administrative 
board or panel established by any department or agency 
of the Federal Government for the purpose of conducting 
reviews to determine the eligibility for continued detention 
of an individual detained at Guantanamo shall be subject 
to the following restrictions: 
(1) Such an individual whose eligibility for con-
tinued detention is being reviewed shall not be rep-
resented by legal counsel in any proceeding of the 
board or panel. Such an individual may be assisted 
by a military personal representative with the appro-
priate security clearance. 
(2) A review of an individual’s eligibility for 
continued detention may not take place sooner than 
21 days after the individual first becomes an indi-
vidual detained at Guantanamo. 
(3) Recommendations pursuant to any such re-
view shall be made by a panel consisting of military 
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