I 111th CONGRESS 1st Session H. R. 1315 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.

1.

Short title

This Act may be cited as the Terrorist Detainees Procedures Act of 2009.

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.

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).

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.

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.

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.

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.

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.

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.