Detention of Enemy Combatants Act

Bill: 109-hr-1076
Sponsor: Rep. Schiff, Adam B. [D-CA-29]
Introduced: 2005-03-03 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Aliens
Armed Forces and National Security
Citizenship
Civil Rights and Liberties, Minority Issues
Classified defense information
Congress
Congressional reporting requirements
Criminal investigation
Department of Defense
Detention of persons
District courts
District of Columbia
Government Operations and Politics
Habeas corpus
Immigration
International Affairs
Jurisdiction
Law
Prisoners' rights
Prosecution
Religion
Religious liberty
Right to counsel
Terrorism
War

Summary:
action_date: 2005-03-03
text: Detention of Enemy Combatants Act - Authorizes the detention of a U.S. person or resident (excluding a prisoner of war) as an enemy combatant if that individual is an al Qaeda member or knowingly cooperated with an al Qaeda member in planning, authorizing, committing, aiding, or abetting a terrorist act against the United States. Directs the Secretary of Defense to prescribe, publish, and report the standards, process, and criteria: (1) to be used in determining that an American citizen or lawful resident is an enemy combatant; and (2) for that individual's detention. 
Requires rules for the detention of enemy combatants to: (1) establish clear standards and procedures that meet specified requirements, including preserving the Government's ability to detain those who may threaten the United States; and (2) guarantee timely access to judicial review and permit the detainee access to counsel.
Authorizes a U.S. person to be detained as an enemy combatant only while there is in effect a presidential certification that: (1) the U.S. armed forces are in a state of armed conflict with al Qaeda and an investigation, prosecution, or post-trial proceeding regarding such person is ongoing; or (2) detention is warranted to prevent such individual from aiding persons attempting to commit terrorist acts against the United States.
Grants the U.S. District Court for the District of Columbia exclusive jurisdiction to review any detention under this Act.
Requires that detainees be: (1) detained at an appropriate location; (2) treated humanely; (3) afforded adequate food, water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions; and (5) allowed the free exercise of religion consistent with specified requirements.

Legislative actions:
action_date: 2005-04-06
text: Executive Comment Requested from DOD.
action_date: 2005-04-04
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2005-03-03
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, 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.
action_date: 2005-03-03
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, 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.
action_date: 2005-03-03
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, 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.
action_date: 2005-03-03
text: Sponsor introductory remarks on measure. (CR E351)
action_date: 2005-03-03
text: Introduced in House
action_date: 2005-03-03
text: Introduced in House