SEC. 2. PROHIBITION OF DETENTION OF UNLAWFUL 
ENEMY COMBATANTS AT NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
As soon as practicable, but by not later than Decem-
ber 31, 2009, the President shall ensure that no person 
alleged to be an unlawful enemy combatant is detained 
at Naval Station, Guantanamo Bay, Cuba. 
SEC. 3. STATUS REVIEWS FOR INDIVIDUALS DETAINED AT 
GUANTANAMO BAY, CUBA. 
(a) STATUS REVIEWS REQUIRED.—In the case of a 
person described in subsection (b), the status of the person 
shall be determined by a panel of three military judges 
in accordance with this section. 
(b) PERSON DESCRIBED.—A person described in this 
subsection is a person who, as of the date of the enactment 
of this Act, is detained by the United States at Naval Sta-
tion, Guantanamo Bay, Cuba, and who is suspected of 
being an unlawful enemy combatant. 
(c) JURISDICTION.—The panel of military judges 
convened to conduct a status review under this section 
shall have exclusive jurisdiction to determine the status 
of the person suspected of being an unlawful enemy com-
batant. 
(d) PROCEDURE.—A review under this section shall 
be conducted under the same procedures as are applicable 
to an investigation under section 832 (article 32) of title 
VerDate Nov 24 2008 
06:39 Mar 05, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1315.IH
H1315
rfrederick on PROD1PC67 with BILLS
10, United States Code, except that a person whose status 
is reviewed under subsection (a) shall also be entitled to 
an interpreter with appropriate security clearance. 
(e) MILITARY JUDGES.—To serve as a military judge 
for purposes of a status review under this section, a mili-
tary judge shall be a commissioned officer of the armed 
forces who is a member of the bar of a Federal court or 
a member of the bar of the highest court of a State and 
who is certified to be qualified for duty as a military judge 
by the Judge Advocate General of the armed force of 
which such military judge is a member. 
(f) DEADLINE FOR REVIEW.—Each person described 
in subsection (b) shall receive a status review under this 
section by no later than the date that is 120 days after 
the date of the enactment of this Act, unless a military 
judge determines that such date should be extended for 
good cause. 
(g) CONFORMING REPEAL.—The Detainee Treat-
ment Act of 2005 (title X of Public Law 109–148; 119 
Stat. 2742) is amended by striking section 1005 and the 
Detainee Treatment Act of 2005 (title XIV of Public Law 
109–163; 119 Stat. 3474) is amended by striking section 
1405. 
(h) TREATMENT OF COMBATANT STATUS REVIEW 
TRIBUNALS.—A review conducted pursuant to section 
VerDate Nov 24 2008 
06:39 Mar 05, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1315.IH
H1315
rfrederick on PROD1PC67 with BILLS
1005 of the Detainee Treatment Act of 2005 (title X of 
Public Law 109–148; 119 Stat. 2742; 10 U.S.C. 801 
note), as in effect before the date of the enactment of this 
Act, shall not satisfy the requirement of subsection (a). 
SEC. 4. DISPOSITION OF DETAINEES AFTER STATUS RE-
VIEWS. 
(a) UNLAWFUL ENEMY COMBATANTS.— 
(1) IN GENERAL.—Any person who is deter-
mined, pursuant to a review under section 3, to be 
an unlawful enemy combatant shall be— 
(A) transferred to a military or civilian de-
tention facility in the United States, charged 
with a violation of United States or inter-
national law, and tried— 
(i) by courts-martial under chapter 47 
of title 10, United States Code (the Uni-
form Code of Military Justice); or 
(ii) in a district court of the United 
States; 
(B) transferred to an international tri-
bunal operating under the authority of the 
United Nations with jurisdiction to hold trials 
of such person; 
(C) transferred to a NATO-run detention 
facility, or to a different country, provided that 
VerDate Nov 24 2008 
21:12 Mar 05, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1315.IH
H1315
rfrederick on PROD1PC67 with BILLS
there are adequate assurances that the person 
will not be subject to torture in that country, 
consistent with the obligations of the United 
States under international law; or 
(D) held in accordance with the law of 
armed conflict until the earlier of— 
(i) the cessation of the hostilities that 
are directly related to the person’s initial 
detention; or 
(ii) such time as the person is deter-
mined to no longer be a threat. 
(2) CHARGES.—If charges are brought under 
subsection (a)(1)(A) against a person determined to 
be an unlawful enemy combatant pursuant to a re-
view under section 3, such charges shall be brought 
before the end of the 120-day period that begins on 
the date on which such review is concluded, unless 
a military judge determines that relevant evidence 
has become available after the end of such period 
and that such period should be extended. 
(b) OTHER DETAINEES.—Any person who is deter-
mined, pursuant to a review under section 3, not to be 
an unlawful enemy combatant and who is not suspected 
of violating any law of the United States or any inter-
national law shall be— 
VerDate Nov 24 2008 
06:39 Mar 05, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1315.IH
H1315
rfrederick on PROD1PC67 with BILLS
(1) transferred to the person’s country of citi-
zenship, place of capture, or a different country, as 
long as that country provides adequate assurances 
that the person will not be subject to torture, con-
sistent with the obligations of the United States 
under international law; or 
(2) released. 
(c) CONSTRUCTION.—The transfer of a person under 
subsection (a) shall not be considered an entry into the 
United States for purposes of immigration status. 
SEC. 5. HABEAS CORPUS FOR DETAINEES AT GUANTANAMO 
BAY, CUBA. 
(a) REPEAL
OF PROHIBITION
ON HABEAS COR-
PUS.—Section 2241 of title 28, United States Code, is 
amended by striking subsection (e). 
(b) JURISDICTION.—An application for a writ of ha-
beas corpus brought by a person described in section 3(b) 
may only be heard in the United States District Court 
for the District of Columbia. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the judicial review of all applications for writs 
of habeas corpus brought by persons described in section 
3(b) that are pending as of the date of the enactment of 
this Act should be suspended until the completion of the 
status reviews required under section 3. 
VerDate Nov 24 2008 
06:39 Mar 05, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1315.IH
H1315
rfrederick on PROD1PC67 with BILLS
SEC. 6. REPEAL OF MILITARY COMMISSIONS ACT OF 2006. 
(a) REPEAL.—Title 10, United States Code, is 
amended by striking chapter 47A. 
(b) CONFORMING AMENDMENTS.—Title 10, United 
States Code, as amended by subsection (a), is further 
amended— 
(1) in tables of chapters at the beginning of 
subtitle A, and at the beginning of part II of subtitle 
A, by striking the item relating to chapter 47A; 
(2) in section 802(a) (article 2) by striking 
paragraph (13); 
(3) in each of sections 821, 828, 848, 850(a), 
904, and 906 (articles 21, 28, 48, 50(a), 104, and 
106) by striking the following: ‘‘This section does 
not apply to a military commission established under 
chapter 47A of this title.’’; and 
(4) in section 836 (article 36)— 
(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’’. 
SEC. 7. REPORT ON COMPREHENSIVE DETAINEE POLICY. 
Not later than 120 days after the date of the enact-
ment of this Act, the President shall submit to Congress 
a report containing the President’s recommendations with 
VerDate Nov 24 2008 
06:39 Mar 05, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1315.IH
H1315
rfrederick on PROD1PC67 with BILLS
respect to any statutory changes necessary to implement 
a comprehensive Federal policy governing the apprehen-
sion, detention, trial, transfer, release, or other disposition 
of individuals captured or apprehended in connection with 
armed conflicts and counterterrorism operations. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) The term ‘‘unlawful enemy combatant’’ 
means a person who has engaged in hostilities or 
who has purposefully and materially supported hos-
tilities against the United States or its co-belliger-
ents who is not a lawful enemy combatant (including 
a person who is part of the Taliban, al Qaeda, or as-
sociated forces). 
(2) The term ‘‘co-belligerent’’, with respect to 
the United States, means any State or armed force 
joining and directly engaged with the United States 
in hostilities or directly supporting hostilities against 
a common enemy. 
(3) The term ‘‘lawful enemy combatant’’ means 
a person who is— 
(A) a member of the regular forces of a 
State party engaged in hostilities against the 
United States; 
VerDate Nov 24 2008 
06:39 Mar 05, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1315.IH
H1315
rfrederick on PROD1PC67 with BILLS
(B) a member of a militia, volunteer corps, 
or organized resistance movement belonging to 
a State party engaged in such hostilities, which 
are under responsible command, wear a fixed 
distinctive sign recognizable at a distance, carry 
their arms openly, and abide by the law of war; 
or 
(C) a member of a regular armed force 
who professes allegiance to a government en-
gaged in such hostilities, but not recognized by 
the United States. 
SEC. 9. EFFECTIVE DATE. 
The amendments made by this Act 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 which relate to any as-
pect of the detention, transfer, treatment, trial, or condi-
tions of detention of an alien detained by the United 
States since September 11, 2001. 
Æ 
VerDate Nov 24 2008 
06:39 Mar 05, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H1315.IH
H1315
rfrederick on PROD1PC67 with BILLS