To provide for judicial review of detention of enemy combatants.

SA 2523. Mr. BINGAMAN proposed an amendment to amendment SA 2515
proposed by Mr. Graham (for himself, Mr. Kyl, Mr. Chambliss, and Mr.
Cornyn) to the bill S. 1042, to authorize appropriations for fiscal
year 2006 for military activities of the Department of Defense, for
military construction, and 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:

Strike subsection (d) and insert the following:
(d) Judicial Review of Detention of Enemy Combatants.--
(1) In general.--Except as provided in paragraph (2), the
United States Court of Appeals for the District of Columbia
Circuit shall have exclusive jurisdiction to consider an
application for 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))--
(A) 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
(B) for whom a Combatant Status Review Tribunal has been
conducted, pursuant to applicable procedures specific by the
Department of Defense.
(2) Exceptions.--This subsection does not apply to the
following:
(A) An individual charged with an offense before a military
commission.
(B) An individual who is not designated as an enemy
combatant following a combatant status review, but who
continues to be held by the United States Government.
(3) Venue.--Review under paragraph (1) shall commence in
the United States Court of Appeals for the District of
Columbia Circuit.
(4) Claims reviewable.--The United States Court of Appeals
for the District of Columbia Circuit may not, in a review
under paragraph (1) with respect to an alien, consider claims
based on living conditions, but may only hear claims
regarding--
(A) 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;
(B) whether such status determination was supported by
sufficient evidence and reached in accordance with due
process of law, provided that statements obtained through
undue coercion, torture, or cruel or inhuman treatment may
not be used as a basis for the determination; and
(C) the lawfulness of the detention of such alien.
(5) 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 subsection shall cease upon the release of such alien
from the custody or control of the United States.
(6) Effective date.--This subsection shall apply to any
application or other action that is pending on or after the
date of the enactment of this Act.
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