[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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