II 

108TH CONGRESS 

1ST SESSION S. 1966

To require a report on the detainees held at Guantanamo Bay, Cuba. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 25, 2003

Mr. BINGAMAN introduced the following bill; which was read twice and 

referred to the Committee on Armed Services 

A BILL

To require a report on the detainees held at Guantanamo 

Bay, Cuba.

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

3 SECTION 1. REPORT ON DETAINEES HELD AT GUANTA4 NAMO BAY, CUBA. 

5 (a) REPORT REQUIRED.—(1) Not later than 90 days 

6 after the date of the enactment of this Act, the Secretary 

7 of Defense shall submit to Congress a report on the status 

8 of each detainee held at Guantanamo Bay, Cuba. 

9 (2) The report under paragraph (1) shall include, for 

10 each detainee currently held at Guantanamo Bay, the fol11 lowing: 
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•S 1966 IS 

1 (A) The name and nationality of the detainee. 

2 (B) A description of the process utilized to de3 termine the status of the detainee. 

4 (C) A statement whether or not the process uti5 lized by the United States Government to determine 

6 the status of the detainee complies with inter7 national law and United States law, including Army 

8 Regulation 190–8 which requires that—

9 (i) in accordance with Article 5 of the Ge10 neva Convention on Prisoners of War, if any 

11 doubt arises as to whether a person, having 

12 committed a belligerent act and been taken into 

13 custody by the Armed Forces, belongs to any of 

14 the categories enumerated in Article 4 of the 

15 Geneva Convention on Prisoners of War, such 

16 person shall enjoy the protections of the Geneva 

17 Convention on Prisoners of War until such time 

18 as the status of such person has been deter19 mined by a competent tribunal; and 

20 (ii) a competent tribunal shall determine 

21 the status of any person not appearing to be 

22 entitled to prisoner of war status who has com23 mitted a belligerent act or has engaged in hos24 tile activities in aid of enemy armed forces and 

25 who asserts that such person is entitled to 
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1 treatment as a prisoner of war, or concerning 

2 whom any doubt of a like nature exists. 

3 (D) A statement whether or not the United 

4 States Government intends to charge or release the 

5 detainee. 

6 (E) If the United States Government has not 

7 yet determined whether or not to charge or release 

8 the detainee, a description of the procedures to be 

9 utilized by the United States Government to make 

10 such a determination, including a schedule for car11 rying out such procedures. 

12 (3) The report under paragraph (1) shall include, for 

13 each detainee formerly held at Guantanamo Bay, the fol14 lowing: 

15 (A) The name and nationality of the detainee. 

16 (B) The terms of the conditional release agree17 ment with respect to the detainee. 

18 (C) A statement of the basis for the determina19 tion of the United States Government that the de20 tainee no longer posed a threat warranting detain21 ment. 

22 (D) A statement of the length of detainment of 

23 the detainee, including the release date of the de24 tainee. 
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1 (E) A description of the compensation, if any, 

2 provided, or to be provided, to the detainee with re3 spect to the detainment. 

4 (4)(A) The report under paragraph (1) shall be sub5 mitted in unclassified form, but may include a classified 

6 annex. 

7 (B) Any classified annex to the report shall be sub8 mitted only to the Chairman and Vice Chairman of the 

9 Select Committee on Intelligence of the Senate and the 

10 Permanent Select Committee on Intelligence of the House 

11 of Representatives. 

12 (b) GENEVA CONVENTION ON PRISONERS OF WAR

13 DEFINED.—In this section, the term ‘‘Geneva Convention 

14 on Prisoners of War’’ means the Geneva Convention Rel15 ative to the Treatment of Prisoners of War, done on Au16 gust 12, 1949 (6 U.S.T. 3316).

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