[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1315 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1315

    To prohibit the detention of enemy combatants at Naval Station, 
 Guantanamo Bay, Cuba, to provide for de novo combatant status reviews 
by military judges, to repeal the Military Commissions Act of 2006, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2009

  Mr. Schiff introduced the following bill; which was referred to the 
 Committee on Armed Services, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To prohibit the detention of enemy combatants at Naval Station, 
 Guantanamo Bay, Cuba, to provide for de novo combatant status reviews 
by military judges, to repeal the Military Commissions Act of 2006, and 
                          for other purposes.

    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 ``Terrorist Detainees Procedures Act 
of 2009''.

SEC. 2. PROHIBITION OF DETENTION OF UNLAWFUL ENEMY COMBATANTS AT NAVAL 
              STATION, GUANTANAMO BAY, CUBA.

    As soon as practicable, but by not later than December 31, 2009, 
the President shall ensure that no person alleged to be an unlawful 
enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba.

SEC. 3. STATUS REVIEWS FOR INDIVIDUALS DETAINED AT GUANTANAMO BAY, 
              CUBA.

    (a) Status Reviews Required.--In the case of a person described in 
subsection (b), the status of the person shall be determined by a panel 
of three military judges in accordance with this section.
    (b) Person Described.--A person described in this subsection is a 
person who, as of the date of the enactment of this Act, is detained by 
the United States at Naval Station, Guantanamo Bay, Cuba, and who is 
suspected of being an unlawful enemy combatant.
    (c) Jurisdiction.--The panel of military judges convened to conduct 
a status review under this section shall have exclusive jurisdiction to 
determine the status of the person suspected of being an unlawful enemy 
combatant.
    (d) Procedure.--A review under this section shall be conducted 
under the same procedures as are applicable to an investigation under 
section 832 (article 32) of title 10, United States Code, except that a 
person whose status is reviewed under subsection (a) shall also be 
entitled to an interpreter with appropriate security clearance.
    (e) Military Judges.--To serve as a military judge for purposes of 
a status review under this section, a military judge shall be a 
commissioned officer of the armed forces who is a member of the bar of 
a Federal court or a member of the bar of the highest court of a State 
and who is certified to be qualified for duty as a military judge by 
the Judge Advocate General of the armed force of which such military 
judge is a member.
    (f) Deadline for Review.--Each person described in subsection (b) 
shall receive a status review under this section by no later than the 
date that is 120 days after the date of the enactment of this Act, 
unless a military judge determines that such date should be extended 
for good cause.
    (g) Conforming Repeal.--The Detainee Treatment Act of 2005 (title X 
of Public Law 109-148; 119 Stat. 2742) is amended by striking section 
1005 and the Detainee Treatment Act of 2005 (title XIV of Public Law 
109-163; 119 Stat. 3474) is amended by striking section 1405.
    (h) Treatment of Combatant Status Review Tribunals.--A review 
conducted pursuant to section 1005 of the Detainee Treatment Act of 
2005 (title X of Public Law 109-148; 119 Stat. 2742; 10 U.S.C. 801 
note), as in effect before the date of the enactment of this Act, shall 
not satisfy the requirement of subsection (a).

SEC. 4. DISPOSITION OF DETAINEES AFTER STATUS REVIEWS.

    (a) Unlawful Enemy Combatants.--
            (1) In general.--Any person who is determined, pursuant to 
        a review under section 3, to be an unlawful enemy combatant 
        shall be--
                    (A) transferred to a military or civilian detention 
                facility in the United States, charged with a violation 
                of United States or international law, and tried--
                            (i) by courts-martial under chapter 47 of 
                        title 10, United States Code (the Uniform Code 
                        of Military Justice); or
                            (ii) in a district court of the United 
                        States;
                    (B) transferred to an international tribunal 
                operating under the authority of the United Nations 
                with jurisdiction to hold trials of such person;
                    (C) transferred to a NATO-run detention facility, 
                or to a different country, provided that there are 
                adequate assurances that the person will not be subject 
                to torture in that country, consistent with the 
                obligations of the United States under international 
                law; or
                    (D) held in accordance with the law of armed 
                conflict until the earlier of--
                            (i) the cessation of the hostilities that 
                        are directly related to the person's initial 
                        detention; or
                            (ii) such time as the person is determined 
                        to no longer be a threat.
            (2) Charges.--If charges are brought under subsection 
        (a)(1)(A) against a person determined to be an unlawful enemy 
        combatant pursuant to a review under section 3, such charges 
        shall be brought before the end of the 120-day period that 
        begins on the date on which such review is concluded, unless a 
        military judge determines that relevant evidence has become 
        available after the end of such period and that such period 
        should be extended.
    (b) Other Detainees.--Any person who is determined, pursuant to a 
review under section 3, not to be an unlawful enemy combatant and who 
is not suspected of violating any law of the United States or any 
international law shall be--
            (1) transferred to the person's country of citizenship, 
        place of capture, or a different country, as long as that 
        country provides adequate assurances that the person will not 
        be subject to torture, consistent with the obligations of the 
        United States under international law; or
            (2) released.
    (c) Construction.--The transfer of a person under subsection (a) 
shall not be considered an entry into the United States for purposes of 
immigration status.

SEC. 5. HABEAS CORPUS FOR DETAINEES AT GUANTANAMO BAY, CUBA.

    (a) Repeal of Prohibition on Habeas Corpus.--Section 2241 of title 
28, United States Code, is amended by striking subsection (e).
    (b) Jurisdiction.--An application for a writ of habeas corpus 
brought by a person described in section 3(b) may only be heard in the 
United States District Court for the District of Columbia.
    (c) Sense of Congress.--It is the sense of Congress that the 
judicial review of all applications for writs of habeas corpus brought 
by persons described in section 3(b) that are pending as of the date of 
the enactment of this Act should be suspended until the completion of 
the status reviews required under section 3.

SEC. 6. REPEAL OF MILITARY COMMISSIONS ACT OF 2006.

    (a) Repeal.--Title 10, United States Code, is amended by striking 
chapter 47A.
    (b) Conforming Amendments.--Title 10, United States Code, as 
amended by subsection (a), is further amended--
            (1) in tables of chapters at the beginning of subtitle A, 
        and at the beginning of part II of subtitle A, by striking the 
        item relating to chapter 47A;
            (2) in section 802(a) (article 2) by striking paragraph 
        (13);
            (3) in each of sections 821, 828, 848, 850(a), 904, and 906 
        (articles 21, 28, 48, 50(a), 104, and 106) by striking the 
        following: ``This section does not apply to a military 
        commission established under chapter 47A of this title.''; and
            (4) in section 836 (article 36)--
                    (A) in subsection (a), by striking ``, except as 
                provided in chapter 47A of this title,''; and
                    (B) in subsection (b), by striking ``, except 
                insofar as applicable to military commissions 
                established under chapter 47A of this title''.

SEC. 7. REPORT ON COMPREHENSIVE DETAINEE POLICY.

    Not later than 120 days after the date of the enactment of this 
Act, the President shall submit to Congress a report containing the 
President's recommendations with respect to any statutory changes 
necessary to implement a comprehensive Federal policy governing the 
apprehension, detention, trial, transfer, release, or other disposition 
of individuals captured or apprehended in connection with armed 
conflicts and counterterrorism operations.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) The term ``unlawful enemy combatant'' means a person 
        who has engaged in hostilities or who has purposefully and 
        materially supported hostilities against the United States or 
        its co-belligerents who is not a lawful enemy combatant 
        (including a person who is part of the Taliban, al Qaeda, or 
        associated forces).
            (2) The term ``co-belligerent'', with respect to the United 
        States, means any State or armed force joining and directly 
        engaged with the United States in hostilities or directly 
        supporting hostilities against a common enemy.
            (3) The term ``lawful enemy combatant'' means a person who 
        is--
                    (A) a member of the regular forces of a State party 
                engaged in hostilities against the United States;
                    (B) a member of a militia, volunteer corps, or 
                organized resistance movement belonging to a State 
                party engaged in such hostilities, which are under 
                responsible command, wear a fixed distinctive sign 
                recognizable at a distance, carry their arms openly, 
                and abide by the law of war; or
                    (C) a member of a regular armed force who professes 
                allegiance to a government engaged in such hostilities, 
                but not recognized by the United States.

SEC. 9. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of 
the enactment of this Act, and shall apply to all cases, without 
exception, pending on or after the date of the enactment of this Act 
which relate to any aspect of the detention, transfer, treatment, 
trial, or conditions of detention of an alien detained by the United 
States since September 11, 2001.
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