I 
111TH CONGRESS 
1ST SESSION 
H. R. 591 
To improve United States capabilities for gathering human intelligence 
through the effective interrogation and detention of terrorist suspects 
and for bringing terrorists to justice through effective prosecution in 
accordance with the principles and values set forth in the Constitution 
and other laws. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 15, 2009 
Mr. PRICE of North Carolina (for himself, Mr. HOLT, Mr. HINCHEY, Ms. 
SCHAKOWSKY, Mr. BLUMENAUER, Mr. MILLER of North Carolina, Mr. 
WATT, Mr. MCGOVERN, Mr. OLVER, Ms. DELAURO, and Mr. LARSON of 
Connecticut) introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Committees on the Ju-
diciary, Foreign Affairs, and Select Intelligence (Permanent Select), 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 com-
mittee concerned 
A BILL 
To improve United States capabilities for gathering human 
intelligence through the effective interrogation and deten-
tion of terrorist suspects and for bringing terrorists to 
justice through effective prosecution in accordance with 
the principles and values set forth in the Constitution 
and other laws. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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(8) work through international fora, including 
the United Nations, to strengthen the capacity of 
international treaties and organizations to confront 
the challenge of global terrorism. 
TITLE II—DETENTION OF 
TERRORIST SUSPECTS 
SEC. 201. REGISTRATION WITH THE INTERNATIONAL COM-
MITTEE OF THE RED CROSS. 
(a) REGISTRATION.—The head of an element of the 
intelligence community (as defined in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4))) that 
has custody or effective control of an individual shall, upon 
the detention of the individual— 
(1) immediately notify the International Com-
mittee of the Red Cross of such custody or effective 
control; and 
(2) as soon as practicable, provide the Inter-
national Committee of the Red Cross physical and 
repeat access to such individual. 
(b) CONSTRUCTION.—Subsection (a) shall not be con-
strued to— 
(1) create or modify the authority of an element 
of the intelligence community to detain an indi-
vidual; or 
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(2) limit or otherwise affect any other rights or 
obligations which may arise under any provision of 
law or an international agreement. 
TITLE III—ENHANCING 
PROSECUTION OF TERRORISTS 
SEC. 301. FINDINGS. 
Congress finds the following: 
(1) International terrorists, including members 
of al Qaeda, have carried out attacks on United 
States diplomatic and military personnel and facili-
ties abroad and on citizens and property within the 
United States and constitute a grave and sustained 
threat to the national security of the United States. 
(2) In response to the threat of international 
terrorism, the United States must pursue a multi- 
faced strategy that applies all appropriate tools of 
national power, including military, diplomatic, eco-
nomic, cultural, and legal tools. 
(3) The ability of the United States to detain, 
prosecute, and convict individuals suspected of com-
mitting or supporting terrorism or of otherwise wag-
ing hostilities against the United States is vital to 
efforts to combat terrorism and to United States na-
tional security. 
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(4) Attempts to implement a military tribunal 
system in accordance with Executive Order 13425, 
the Military Commissions Act of 2006 (Public Law 
109–366), or the President’s Military Order of No-
vember 13, 2001 (66 Fed. Reg. 57,833), have failed 
to achieve their stated mission of bringing suspected 
terrorists and combatants to justice. To date, the 
tribunals and commissions established in connection 
with these efforts have yielded just three convictions, 
the first following a guilty plea by the defendant, 
and have failed to achieve the conviction of a single 
individual in connection with the terrorist attacks on 
the United States on September 11, 2001. 
(5) The United States Supreme Court has 
found serious conflicts between efforts to implement 
a military tribunal system for the trial of detained 
terrorist suspects and obligations under the Con-
stitution, Federal law, and international treaties to 
which the United States is party. 
(6) The United States, through the Uniform 
Code of Military Justice and the civilian justice sys-
tem, possesses adequate jurisdiction to try any indi-
vidual engaged in committing, conspiring to commit, 
or providing material support for, acts of terrorism, 
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unlawful combat, or other hostilities against the 
United States. 
(7) The Uniform Code of Military Justice es-
tablishes a system for the fair and speedy trial of 
combatants and others engaged in hostilities against 
the United States for violations against the law of 
war and related offenses. 
(8) The United States civilian justice system al-
lows for the fair and speedy trial of individuals who 
engage in terrorist activities against the United 
States who are enemy combatants, terrorists, or oth-
erwise engaged in criminal acts, and there is an ex-
tensive legal framework providing jurisdiction over 
the offenses committed by such individuals. 
(9) Since September 11, 2001, the United 
States civilian justice system has accumulated an 
impressive record of success in prosecuting and con-
victing individuals suspected of committing or sup-
porting terrorism, having convicted at least 145 such 
individuals, and is an essential and effective tool in 
combating international terrorism. 
(10) Existing laws and regulations, including 
the Classified Information Procedures Act (18 
U.S.C. App. 3; Public Law 96–456), provide a de-
tailed framework for protecting the full range of sen-
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sitive and classified information during the prosecu-
tion of cases involving terrorism offenses and related 
crimes. 
(11) In addition to the existing United States 
civilian and military justice systems, the Federal 
Government possesses other legal authorities that 
may be useful as tools in detaining and prosecuting 
international terrorists, including authority to detain 
illegal aliens under Federal immigration laws. 
(12) Given the failure of the military commis-
sions system established under the Military Commis-
sions Act of 2006 (Public Law 109–366) and other 
authorities, the legal and constitutional obstacles to 
fully implementing military commissions system, and 
the success and potential of the civilian and military 
justice systems in bringing terrorists to justice, the 
national security of the United States is best served 
by vigorously pursuing efforts to bring terrorists to 
justice through the United States civilian and mili-
tary justice systems. 
SEC. 302. REPEAL OF MILITARY COMMISSIONS ACT OF 2006. 
(a) REPEAL OF AUTHORITY TO CONDUCT CERTAIN 
MILITARY COMMISSIONS.— 
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(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— 
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(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 
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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. 
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(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). 
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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 
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