I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Terrorist Detainees 

5 Procedures Act of 2009’’. 


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1 SEC. 2. PROHIBITION OF DETENTION OF UNLAWFUL 

2 ENEMY COMBATANTS AT NAVAL STATION, 

3 GUANTANAMO BAY, CUBA. 

4 As soon as practicable, but by not later than Decem5 ber 31, 2009, the President shall ensure that no person 

6 alleged to be an unlawful enemy combatant is detained 

7 at Naval Station, Guantanamo Bay, Cuba. 

8 SEC. 3. STATUS REVIEWS FOR INDIVIDUALS DETAINED AT 

9 GUANTANAMO BAY, CUBA. 

10 (a) STATUS REVIEWS REQUIRED.—In the case of a 

11 person described in subsection (b), the status of the person 

12 shall be determined by a panel of three military judges 

13 in accordance with this section. 

14 (b) PERSON DESCRIBED.—A person described in this 

15 subsection is a person who, as of the date of the enactment 

16 of this Act, is detained by the United States at Naval Sta17 tion, Guantanamo Bay, Cuba, and who is suspected of 

18 being an unlawful enemy combatant. 

19 (c) JURISDICTION.—The panel of military judges 

20 convened to conduct a status review under this section 

21 shall have exclusive jurisdiction to determine the status 

22 of the person suspected of being an unlawful enemy com23 batant. 

24 (d) PROCEDURE.—A review under this section shall 

25 be conducted under the same procedures as are applicable 

26 to an investigation under section 832 (article 32) of title 


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1 10, United States Code, except that a person whose status 

2 is reviewed under subsection (a) shall also be entitled to 

3 an interpreter with appropriate security clearance. 

4 (e) MILITARY JUDGES.—To serve as a military judge 

5 for purposes of a status review under this section, a mili6 tary judge shall be a commissioned officer of the armed 

7 forces who is a member of the bar of a Federal court or 

8 a member of the bar of the highest court of a State and 

9 who is certified to be qualified for duty as a military judge 

10 by the Judge Advocate General of the armed force of 

11 which such military judge is a member. 

12 (f) DEADLINE FOR REVIEW.—Each person described 

13 in subsection (b) shall receive a status review under this 

14 section by no later than the date that is 120 days after 

15 the date of the enactment of this Act, unless a military 

16 judge determines that such date should be extended for 

17 good cause. 

18 (g) CONFORMING REPEAL.—The Detainee Treat19 ment Act of 2005 (title X of Public Law 109–148; 119 

20 Stat. 2742) is amended by striking section 1005 and the 

21 Detainee Treatment Act of 2005 (title XIV of Public Law 

22 109–163; 119 Stat. 3474) is amended by striking section 

23 1405. 

24 (h) TREATMENT OF COMBATANT STATUS REVIEW

25 TRIBUNALS.—A review conducted pursuant to section 


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1 1005 of the Detainee Treatment Act of 2005 (title X of 

2 Public Law 109–148; 119 Stat. 2742; 10 U.S.C. 801 

3 note), as in effect before the date of the enactment of this 

4 Act, shall not satisfy the requirement of subsection (a). 

5 SEC. 4. DISPOSITION OF DETAINEES AFTER STATUS RE6 VIEWS. 

7 (a) UNLAWFUL ENEMY COMBATANTS.— 

8 (1) IN GENERAL.—Any person who is deter9 mined, pursuant to a review under section 3, to be 

10 an unlawful enemy combatant shall be— 

11 (A) transferred to a military or civilian de12 tention facility in the United States, charged 

13 with a violation of United States or inter14 national law, and tried— 

15 (i) by courts-martial under chapter 47 

16 of title 10, United States Code (the Uni17 form Code of Military Justice); or 

18 (ii) in a district court of the United 

19 States; 

20 (B) transferred to an international tri21 bunal operating under the authority of the 

22 United Nations with jurisdiction to hold trials 

23 of such person; 

24 (C) transferred to a NATO-run detention 

25 facility, or to a different country, provided that 


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1 there are adequate assurances that the person 

2 will not be subject to torture in that country, 

3 consistent with the obligations of the United 

4 States under international law; or 

5 (D) held in accordance with the law of 

6 armed conflict until the earlier of— 

7 (i) the cessation of the hostilities that 

8 are directly related to the person’s initial 

9 detention; or 

10 (ii) such time as the person is deter11 mined to no longer be a threat. 

12 (2) CHARGES.—If charges are brought under 

13 subsection (a)(1)(A) against a person determined to 

14 be an unlawful enemy combatant pursuant to a re15 view under section 3, such charges shall be brought 

16 before the end of the 120-day period that begins on 

17 the date on which such review is concluded, unless 

18 a military judge determines that relevant evidence 

19 has become available after the end of such period 

20 and that such period should be extended. 

21 (b) OTHER DETAINEES.—Any person who is deter22 mined, pursuant to a review under section 3, not to be 

23 an unlawful enemy combatant and who is not suspected 

24 of violating any law of the United States or any inter25 national law shall be— 


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1 (1) transferred to the person’s country of citi2 zenship, place of capture, or a different country, as 

3 long as that country provides adequate assurances 

4 that the person will not be subject to torture, con5 sistent with the obligations of the United States 

6 under international law; or 

7 (2) released. 

8 (c) CONSTRUCTION.—The transfer of a person under 

9 subsection (a) shall not be considered an entry into the 

10 United States for purposes of immigration status. 

11 SEC. 5. HABEAS CORPUS FOR DETAINEES AT GUANTANAMO 

12 BAY, CUBA. 

13 (a) REPEAL OF PROHIBITION ON HABEAS COR14 PUS.—Section 2241 of title 28, United States Code, is 

15 amended by striking subsection (e). 

16 (b) JURISDICTION.—An application for a writ of ha17 beas corpus brought by a person described in section 3(b) 

18 may only be heard in the United States District Court 

19 for the District of Columbia. 

20 (c) SENSE OF CONGRESS.—It is the sense of Con21 gress that the judicial review of all applications for writs 

22 of habeas corpus brought by persons described in section 

23 3(b) that are pending as of the date of the enactment of 

24 this Act should be suspended until the completion of the 

25 status reviews required under section 3. 


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

2 (a) REPEAL.—Title 10, United States Code, is 

3 amended by striking chapter 47A. 

4 (b) CONFORMING AMENDMENTS.—Title 10, United 

5 States Code, as amended by subsection (a), is further 

6 amended— 

7 (1) in tables of chapters at the beginning of 

8 subtitle A, and at the beginning of part II of subtitle 

9 A, by striking the item relating to chapter 47A; 

10 (2) in section 802(a) (article 2) by striking 

11 paragraph (13); 

12 (3) in each of sections 821, 828, 848, 850(a), 

13 904, and 906 (articles 21, 28, 48, 50(a), 104, and 

14 106) by striking the following: ‘‘This section does 

15 not apply to a military commission established under 

16 chapter 47A of this title.’’; and 

17 (4) in section 836 (article 36)— 

18 (A) in subsection (a), by striking ‘‘, except 

19 as provided in chapter 47A of this title,’’; and 

20 (B) in subsection (b), by striking ‘‘, except 

21 insofar as applicable to military commissions 

22 established under chapter 47A of this title’’. 

23 SEC. 7. REPORT ON COMPREHENSIVE DETAINEE POLICY. 

24 Not later than 120 days after the date of the enact25 ment of this Act, the President shall submit to Congress 

26 a report containing the President’s recommendations with 


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1 respect to any statutory changes necessary to implement 

2 a comprehensive Federal policy governing the apprehen3 sion, detention, trial, transfer, release, or other disposition 

4 of individuals captured or apprehended in connection with 

5 armed conflicts and counterterrorism operations. 

6 SEC. 8. DEFINITIONS. 

7 In this Act: 

8 (1) The term ‘‘unlawful enemy combatant’’ 

9 means a person who has engaged in hostilities or 

10 who has purposefully and materially supported hos11 tilities against the United States or its co-belliger12 ents who is not a lawful enemy combatant (including 

13 a person who is part of the Taliban, al Qaeda, or as14 sociated forces). 

15 (2) The term ‘‘co-belligerent’’, with respect to 

16 the United States, means any State or armed force 

17 joining and directly engaged with the United States 

18 in hostilities or directly supporting hostilities against 

19 a common enemy. 

20 (3) The term ‘‘lawful enemy combatant’’ means 

21 a person who is— 

22 (A) a member of the regular forces of a 

23 State party engaged in hostilities against the 

24 United States; 


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1 (B) a member of a militia, volunteer corps, 

2 or organized resistance movement belonging to 

3 a State party engaged in such hostilities, which 

4 are under responsible command, wear a fixed 

5 distinctive sign recognizable at a distance, carry 

6 their arms openly, and abide by the law of war; 

7 or 

8 (C) a member of a regular armed force 

9 who professes allegiance to a government en10 gaged in such hostilities, but not recognized by 

11 the United States. 

12 SEC. 9. EFFECTIVE DATE. 

13 The amendments made by this Act shall take effect 

14 on the date of the enactment of this Act, and shall apply 

15 to all cases, without exception, pending on or after the 

16 date of the enactment of this Act which relate to any as17 pect of the detention, transfer, treatment, trial, or condi18 tions of detention of an alien detained by the United 

19 States since September 11, 2001. 

Æ 


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