3.0.0 3707 2023-01-11T13:21:39Z 2023-01-11T13:21:39Z Senate S S 2010-08-04 111 ssju00 Judiciary Committee Senate Standing Referred to 2010-08-04T21:58:25Z Enemy Combatant Detention Review Act of 2009 111 630 HR 2009-03-16 Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Related bill CRS 2010-08-04 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2010-08-04 Introduced in Senate IntroReferral 10000 9 Library of Congress G000359 Sen. Graham, Lindsey [R-SC] Lindsey Graham R SC N Law Caribbean area Criminal procedure and sentencing Cuba Detention of persons District of Columbia Evidence and witnesses Federal district courts Immigration status and procedures Judicial review and appeals Jurisdiction and venue Latin America Military facilities and property Military law Terrorism Visas and passports Law 00 2010-08-04 Introduced in Senate 2010-09-20T18:03:59Z Terrorist Detention Review Reform Act - Sets forth standards for habeas corpus review for any individual who is held by the United States at Naval Station, Guantanamo Bay, Cuba, or whom the United States seeks to hold as an unprivileged enemy belligerent, and who is subject to the habeas corpus jurisdiction of the federal courts (covered individual). Defines "unprivileged enemy belligerent" as an individual who has engaged in hostilities against the United States or its coalition partners, who has purposefully and materially supported hostilities against the United States or its coalition partners, or who was a member of, part of, or operated in a clandestine, covert, or military capacity on behalf of, the Taliban, al Qaeda, or associated forces.

Reaffirms: (1) that the United States is in an armed conflict with the Taliban, al Qaeda, and associated forces and that those entities continue to pose a threat to the United States and its citizens, both domestically and abroad; and (2) that the President is authorized to detain unprivileged enemy belligerents in connection with the continuing armed conflict with the Taliban, al Qaeda, and associated forces, regardless of the place of capture, until the termination of hostilities.

Grants the United States District Court for the District of Columbia exclusive jurisdiction and venue for consideration of applications for habeas corpus by or on behalf of a covered individual. Limits the scope of such jurisdiction to challenges to the legality of the continued detention of a covered individual, excluding claims relating to the detention, transfer, treatment, trial, or conditions of confinement of such individual, or any other action against the United States or its agents.

Sets forth requirements and criteria relating to: (1) the federal government's burden of proof in habeas corpus proceedings involving a covered individual; (2) discovery of documents and protection of national security information; (3) evidentiary matters, including the exclusion of statements made by a covered individual obtained by torture or by cruel, inhuman or degrading treatment; and (4) limitations on second or successive habeas corpus applications.

Imposes a stay on pending applications for habeas corpus until military commission proceedings have been exhausted.

Prohibits: (1) any court from ordering the release of a covered individual into the United States, its territories, or possessions; and (2) the Secretary of State from issuing any visa to, or the Secretary of Homeland Security from admitting or providing any type of immigration status to, a covered individual that may permit such individual to enter, be admitted to, or otherwise be at liberty in the United States.

]]> Terrorist Detention Review Reform Act Display Title Terrorist Detention Review Reform Act Official Title as Introduced A bill to provide for habeas corpus review for certain enemy belligerents engaged in hostilities against the United States, and for other purposes. Introduced in Senate IS Short Titles as Introduced Terrorist Detention Review Reform Act Introduced in Senate 2010-08-04T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s3707is/xml/BILLS-111s3707is.xml 2010-08-04 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.