Relating to the review of the status of detainees of the United States Government.

SA 2515. Mr. GRAHAM (for himself, Mr. Kyl, Mr. Chambliss, and Mr.
Cornyn) proposed an amendment to the bill S. 1042, to authorize
appropriations for fiscal year 2006 for military activities of the
Department of Defense, for military construction, and

[[Page S12700]]

for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:

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

SEC. __. REVIEW OF STATUS OF DETAINEES.

(a) Submittal of Procedures for Status Review of Detainees
at Guantanamo Bay, Cuba.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees, and to
the Committees on the Judiciary of the Senate and the House
of Representatives, a report setting forth the procedures of
the Combatant Status Review Tribunals and the noticed
Administrative Review Boards in operation at Guantanamo Bay,
Cuba, for determining the status of the detainees held at
Guantanamo Bay.
(b) Procedures.--The procedures submitted to Congress
pursuant to subsection (a) shall, with respect to proceedings
beginning after the date of the submittal of such procedures
under that subsection, ensure that--
(1) in making a determination of status of any detainee
under such procedures, a Combatant Status Review Tribunal or
Administrative Review Board may not consider statements
derived from persons that, as determined by such Tribunal or
Board, by the preponderance of the evidence, were obtained
with undue coercion; and
(2) 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 advice and consent of
the Senate.
(c) Report on Modification of Procedures.--The Secretary of
Defense shall submit to the committees of Congress referred
to in subsection (a) a report on any modification of the
procedures submitted under subsection (a) not later than 30
days before the date on which such modifications go into
effect.
(d) Judicial Review of Detention of Enemy Combatants.--
(1) In general.--Section 2241 of title 28, United States
Code, is amended by adding at the end the following:
``(e) No court, justice, or judge shall have jurisdiction
to hear or consider an application for a writ of habeas
corpus filed by or on behalf of an alien outside the United
States (as that term is defined in section 101(a)(38) of the
Immigration and Naturalization Act (8 U.S.C. 1101(a)(38)) who
is detained by the Department of Defense at Guantanamo Bay,
Cuba.''.
(2) Certain decisions.--
(A) In general.--Subject to subparagraphs (B), (C), and
(D), the United States Court of Appeals for the District of
Columbia Circuit shall have exclusive jurisdiction to
determine the validity of any decision of a Designated
Civilian Official described in subsection (b)(2) that an
alien is properly detained as an enemy combatant.
(B) Limitation on claims.--The jurisdiction of the United
States Court of Appeals for the District of Columbia Circuit
under this paragraph shall be limited to claims brought by or
on behalf of an alien--
(i) who is, at the time a request for review by such court
is filed, detained by the Department of Defense at Guantanamo
Bay, Cuba; and
(ii) for whom a Combatant Status Review Tribunal has been
conducted, pursuant to applicable procedures specified by the
Secretary of Defense.
(C) Scope of review.--The jurisdiction of the United States
Court of Appeals for the District of Columbia Circuit on any
claims with respect to an alien under this paragraph shall be
limited to the consideration of whether the status
determination of the Combatant Status Review Tribunal with
regard to such alien was consistent with the procedures and
standards specified by the Secretary of Defense for Combatant
Status Review Tribunals.
(D) Termination on release from custody.--The jurisdiction
of the United States Court of Appeals for the District of
Columbia Circuit with respect to the claims of an alien under
this paragraph shall cease upon the release of such alien
from the custody of the Department of Defense.
(3) Effective date.--The amendment made by paragraph (1)
shall apply to any application or other action that is
pending on or after the date of the enactment of this Act.
Paragraph (2) shall apply with respect to any claim regarding
a decision covered by that paragraph that is pending on or
after such date.
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