[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1966 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1966

   To require a report on the detainees held at Guantanamo Bay, Cuba.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 25, 2003

 Mr. Bingaman introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To require a report on the detainees held at Guantanamo Bay, Cuba.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPORT ON DETAINEES HELD AT GUANTANAMO BAY, CUBA.

    (a) Report Required.--(1) Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the status of each detainee held at Guantanamo 
Bay, Cuba.
    (2) The report under paragraph (1) shall include, for each detainee 
currently held at Guantanamo Bay, the following:
            (A) The name and nationality of the detainee.
            (B) A description of the process utilized to determine the 
        status of the detainee.
            (C) A statement whether or not the process utilized by the 
        United States Government to determine the status of the 
        detainee complies with international law and United States law, 
        including Army Regulation 190-8 which requires that--
                    (i) in accordance with Article 5 of the Geneva 
                Convention on Prisoners of War, if any doubt arises as 
                to whether a person, having committed a belligerent act 
                and been taken into custody by the Armed Forces, 
                belongs to any of the categories enumerated in Article 
                4 of the Geneva Convention on Prisoners of War, such 
                person shall enjoy the protections of the Geneva 
                Convention on Prisoners of War until such time as the 
                status of such person has been determined by a 
                competent tribunal; and
                    (ii) a competent tribunal shall determine the 
                status of any person not appearing to be entitled to 
                prisoner of war status who has committed a belligerent 
                act or has engaged in hostile activities in aid of 
                enemy armed forces and who asserts that such person is 
                entitled to treatment as a prisoner of war, or 
                concerning whom any doubt of a like nature exists.
            (D) A statement whether or not the United States Government 
        intends to charge or release the detainee.
            (E) If the United States Government has not yet determined 
        whether or not to charge or release the detainee, a description 
        of the procedures to be utilized by the United States 
        Government to make such a determination, including a schedule 
        for carrying out such procedures.
    (3) The report under paragraph (1) shall include, for each detainee 
formerly held at Guantanamo Bay, the following:
            (A) The name and nationality of the detainee.
            (B) The terms of the conditional release agreement with 
        respect to the detainee.
            (C) A statement of the basis for the determination of the 
        United States Government that the detainee no longer posed a 
        threat warranting detainment.
            (D) A statement of the length of detainment of the 
        detainee, including the release date of the detainee.
            (E) A description of the compensation, if any, provided, or 
        to be provided, to the detainee with respect to the detainment.
    (4)(A) The report under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.
    (B) Any classified annex to the report shall be submitted only to 
the Chairman and Vice Chairman of the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on Intelligence of the 
House of Representatives.
    (b) Geneva Convention on Prisoners of War Defined.--In this 
section, the term ``Geneva Convention on Prisoners of War'' means the 
Geneva Convention Relative to the Treatment of Prisoners of War, done 
on August 12, 1949 (6 U.S.T. 3316).
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