To authorize the President to utilize the Combatant Status Review Tribunals and Annual Review Board to determine the status of detainees held at Guantanamo Bay, Cuba.

1. Adds SEC. 1073. AUTHORITY TO UTILIZE COMBATANT STATUS REVIEW TRIBUNALS AND ANNUAL REVIEW BOARD TO DETERMINE STATUS OF DETAINEES AT GUANTANAMO BAY, CUBA at the end of subtitle G of title X

   Adds a section

   In S. 1042 · Placed on Calendar Senate

   Section 21(a) of the Internal Security Act of 1950 (Public Law 81- 831; 64 Stat. 1005) is amended by inserting "or military or civilian director" after "military commander".

   Inserted: SEC. 1073. AUTHORITY TO UTILIZE COMBATANT STATUS REVIEW TRIBUNALS AND ANNUAL REVIEW BOARD TO DETERMINE STATUS OF DETAINEES AT GUANTANAMO BAY, CUBA.

   Inserted: (a) Authority.--The President is authorized to utilize the Combatant Status Review Tribunals and a noticed Annual Review Board, and the procedures thereof as specified in subsection (b), currently in operation at Guantanamo Bay, Cuba, in order to determine the status of the detainees held at Guantanamo Bay, including whether any such detainee is a lawful enemy combatant or an unlawful enemy combatant.

   Inserted: (b) Procedures.--

   Inserted: (1) In general.--Except as provided in paragraph (2), the procedures specified in this subsection are as follows:

   Inserted: (A) For the Combatant Status Review Tribunals, the memorandum of the Secretary of the Navy of July 29, 2004, regarding the implementation of Combatant Status Review Tribunal procedures for Enemy Combatants detained at Guantanamo Bay Naval Base, Cuba.

   Inserted: (B) For the Annual Review Board, the Department of Defense Designated Civilian Official Memorandum dated September 14, 2004, regarding the Implementation of Administrative Review Procedures for Enemy Combatants Detained at U.S. Naval Base Guantanamo Bay, Cuba.

   Inserted: (2) Exception.--The exceptions provided in this paragraph for the procedures specified in paragraph (1) are as follows:

   Inserted: (A) To the extent practicable, the Combatant Status Review Tribunal shall determine, by a preponderance of the evidence, whether statements derived from persons held in foreign custody were obtained without under coercion.

   Inserted: (B) A detainee shall be provided a military judge advocate for purposes of the Annual Review Board.

   Inserted: (C) The Designated Civilian Official shall be an officer of the United States Government whose appointment to office was made by the President, by and with the advise and consent of the Senate.

   Inserted: (3) Modification of procedures.--The President may modify the procedures and requirements set forth under paragraphs (1) and (2). Any modification of such procedures or requirements may not go into effect until 30 days after the date on which the President notifies the congressional defense committees of the modification.

   Inserted: (c) Definitions.--In this section:

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   Inserted: (1) The term "lawful enemy combatant" means person engaging in war or other armed conflict against the United States or its allies on behalf of a state party to the Geneva Convention Relative to the Treatment of Prisoners of War, dated August 12, 1949, who meets the criteria of a prisoner of war under Article 4 of that Convention.

   Inserted: (2) The term "unlawful enemy combatant", with respect to noncitizens of the United States, means a person (other than a person described in paragraph (1)) engaging in war, other armed conflict, or hostile acts against the United States or its allies, or knowingly supporting others so engaged, regardless of location.

   Original wording

   At the end of subtitle G of title X, add the following:

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As printed