[Congressional Record (Bound Edition), Volume 151 (2005), Part 10]
[Extensions of Remarks]
[Page 14098]
[From the U.S. Government Publishing Office, www.gpo.gov]




    INTRODUCTION OF THE GUANTANAMO DETAINEES PROCEDURES ACT OF 2005

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                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                        Wednesday, June 22, 2005

  Mr. SCHIFF. Mr. Speaker, I rise today to introduce the Guantanamo 
Detainees Procedures Act of 2005. As the war on terrorism continues and 
more suspected terrorists are likely to be arrested, Congress must 
ensure that justice is delivered swiftly and responsibly in order to 
punish terrorists, prevent future attacks, and ensure swift and just 
processing of those detained.
  Over 500 detainees are currently being held in Guantanamo Bay, most 
of them captured in Afghanistan after the U.S.-led invasion in 2001. 
Some detainees have been there for more than three years without being 
charged. These individuals should be tried or released.
  Congress must provide for the swift and deliberate processing and 
prosecution of detainees in a manner that appropriately balances the 
country's national security needs with the country's due process 
interests. The Guantanamo Detainees Procedures Act of 2005 is drafted 
with this goal in mind.
  Specifically, the legislation does the following: Provides that the 
executive branch has the authority to detain foreign nationals as 
unlawful combatants; provides a timely hearing before an independent 
military officer to challenge their designation as an unlawful 
combatant; requires release/repatriation or initiation of formal 
charges within two years; provides a limited extension if the Secretary 
of State certifies that the individual remains a national security 
threat and is likely to undertake terrorist acts against the U.S. and 
that repatriation of the detainee or the commencement of formal charges 
will compromise the national security of the U.S. by curtailing 
intelligence gathering, jeopardize intelligence sources necessary to 
prosecute the detainee, or other extraordinary circumstances justify 
the delay; requires the establishment of tribunals with clear standards 
and procedures designed to ensure a full and fair hearing for the 
detainee when formal charges are initiated; requires annual reports to 
Congress on the status of all detainees.
  Mr. Speaker, in sum, the Guantanamo Detainees Procedures Act of 2005 
will provide an expeditious procedure for processing and prosecuting 
terrorists and will also ensure that the hallmark of our democracy--
justice for all--is not compromised.

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