(1) IN
GENERAL.—Subtitle A of title 10, 
United States Code, is amended by striking chapter 
47A. 
(2) CLERICAL
AMENDMENT.—The tables of 
chapters at the beginning of subtitle A, and at the 
beginning of part II of subtitle A, of title 10, United 
States Code, are each amended by striking the item 
relating to chapter 47A. 
(b) CONFORMING AMENDMENTS TO UNIFORM CODE 
OF MILITARY JUSTICE.—Chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), is 
amended as follows: 
(1) REPEAL
OF
APPLICABILITY
TO
LAWFUL 
ENEMY COMBATANTS.—Section 802(a) (article 2(a)) 
is amended by striking paragraph (13). 
(2) REPEAL
OF
EXCLUSION
OF
APPLICA-
BILITY.—Sections 821, 828, 848, 850(a), 904, and 
906 (articles 21, 28, 48, 50(a), 104, and 106) are 
each amended by striking the following sentence: 
‘‘This section does not apply to a military commis-
sion established under chapter 47A of this title.’’. 
(3) REPEAL OF INAPPLICABILITY OF REQUIRE-
MENTS RELATING TO REGULATIONS.—Section 836 
(article 36) is amended— 
VerDate Aug 31 2005 
05:15 Sep 30, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7056.IH
H7056
wwoods2 on PRODPC68 with BILLS
(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’’. 
(c) REPEAL
OF
PUNITIVE
ARTICLE
OF
CON-
SPIRACY.—Section 881 of title 10, United States Code 
(article 81 of the Uniform Code of Military Justice), is 
amended— 
(1) by striking ‘‘(a)’’ before ‘‘Any person’’; and 
(2) by striking subsection (b). 
(d) REPEAL OF PROVISIONS RELATING TO TREATY 
REQUIREMENTS.—The Military Commissions Act of 2006 
(Public Law 109–366) is amended by striking section 5 
and subsection (a) of section 6. 
(e) REPEAL OF REVISION TO WAR CRIMES OFFENSE 
UNDER FEDERAL CRIMINAL CODE.— 
(1) IN
GENERAL.—Section 2441 of title 18, 
United States Code, is amended— 
(A) in subsection (c), by striking para-
graph (3) and inserting the following new para-
graph (3): 
‘‘(3) which constitutes a violation of common 
Article 3 of the international conventions signed at 
Geneva, 12 August 1949, or any protocol to such 
VerDate Aug 31 2005 
05:15 Sep 30, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7056.IH
H7056
wwoods2 on PRODPC68 with BILLS
convention to which the United States is a party and 
which deals with non-international armed conflict; 
or’’; and 
(B) by striking subsection (d). 
(2) 
RETROACTIVE
APPLICABILITY.—The 
amendments made by this subsection shall take ef-
fect as of November 26, 1997, as if enacted imme-
diately after the amendments made by section 583 
of Public Law 105–118 (as amended by section 
4002(e)(7) of Public Law 107–273). 
(f) REPEAL
OF
ADDITIONAL
PROHIBITION
ON 
CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUN-
ISHMENT.—The Military Commissions Act of 2006 (Pub-
lic Law 109–366) is amended by striking subsection (c) 
of section 6. 
(g) REPEAL OF HABEAS CORPUS PROVISION.— 
(1) REPEAL.—Section 2241 of title 28, United 
States Code, is amended by striking subsection (e). 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) 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. 
VerDate Aug 31 2005 
05:15 Sep 30, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7056.IH
H7056
wwoods2 on PRODPC68 with BILLS
(h) REPEAL OF REVISIONS TO DETAINEE TREAT-
MENT ACT OF 2005 RELATING TO PROTECTION OF CER-
TAIN UNITED STATES GOVERNMENT PERSONNEL.— 
(1) IN GENERAL.—Section 1004(b) of the De-
tainee Treatment Act of 2005 (42 U.S.C. 2000dd– 
1(b)) is amended— 
(A) by striking ‘‘shall provide’’ and insert-
ing ‘‘may provide’’; 
(B) by striking ‘‘or investigation’’ after 
‘‘criminal prosecution’’; and 
(C) by striking ‘‘whether before United 
States courts or agencies, foreign courts or 
agencies, or international courts or agencies,’’. 
(2) CONFORMING REPEAL.—The Military Com-
missions Act of 2006 (Public Law 109–366) is 
amended by striking subsection (b) of section 8. 
(i) REPEAL OF AUTHORITY TO CONDUCT COMBAT-
ANT STATUS REVIEW TRIBUNALS.—The Detainee Treat-
ment Act of 2005 (title X of Public Law 109–148) is 
amended by striking section 1005 (10 U.S.C. 801 note). 
VerDate Aug 31 2005 
05:15 Sep 30, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7056.IH
H7056
wwoods2 on PRODPC68 with BILLS
SEC. 303. CLOSURE OF DETENTION FACILITY AT NAVAL 
STATION, GUANTANAMO BAY, CUBA, AND 
TREATMENT OF UNLAWFUL ENEMY COMBAT-
ANTS. 
(a) CLOSURE OF GUANTANAMO BAY DETENTION FA-
CILITY.—Not later than 180 days after the date of the 
enactment of this Act— 
(1) the President shall close the Department of 
Defense detention facility at Guantanamo Bay, 
Cuba; and 
(2) each individual detained at such facility who 
has been designated as an enemy combatant or un-
lawful enemy combatant shall be removed from the 
facility and— 
(A) transferred to a military or civilian de-
tention facility in the United States, charged 
with a violation of United States law, and tried 
in a court constituted pursuant to Article III of 
the Constitution or military legal proceeding be-
fore a regularly-constituted court; 
(B) transferred to an international tri-
bunal operating under the authority of the 
United Nations with jurisdiction to hold trials 
of such individuals; 
(C) transferred to the individual’s country 
of citizenship or a different country for further 
VerDate Aug 31 2005 
05:59 Sep 30, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7056.IH
H7056
wwoods2 on PRODPC68 with BILLS