In the nature of a substitute.

SA 2524. Mr. GRAHAM (for himself, Mr. Levin, and Mr. Kyl) 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:

In lieu of the matter proposed to be inserted, insert 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 60
days before the date on which such modification goes 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) Review of decisions of combatant status review
tribunals of propriety of detention.--
(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--
(i) whether the status determination of the Combatant
Status Review Tribunal with regard to such alien applied the
correct standards and was consistent with the procedures
specified by the Secretary of Defense for Combatant Status
Review Tribunals (including the requirement that the
conclusion of the Tribunal be supported by a preponderance of
the evidence and allowing a rebuttable presumption in favor
the Government's evidence); and
(ii) whether subjecting an alien enemy combatant to such
standards and procedures is consistent with the Constitution
and laws of the United States.
(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) Review of final decisions of military commissions.--
(A) In general.--Subject to subparagraphs (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 final decision rendered pursuant to Military
Commission Order No. 1, dated August 31, 2005 (or any
successor military order).
(B) Grant of review.--Review under this paragraph--
(i) with respect to a capital case or a case in which the
alien was sentenced to a term of imprisonment of 10 years or
more, shall be as of right; or
(ii) with respect to any other case, shall be at the
discretion of the United States Court of Appeals for the
District of Columbia Circuit.
(C) Limitation on appeals.--The jurisdiction of the United
States Court of Appeals for the District of Columbia Circuit
under this paragraph shall be limited to an appeal brought by
or on behalf of an alien--
(i) who was, at the time of the proceedings pursuant to the
military order referred to in subparagraph (A), detained by
the Department of Defense at Guantanamo Bay, Cuba; and
(ii) for whom a final decision has been rendered pursuant
to such military order.
(D) Scope of review.--The jurisdiction of the United States
Court of Appeals for the District of Columbia Circuit on an
appeal of

[[Page S12772]]

a final decision with respect to an alien under this
paragraph shall be limited to the consideration of--
(i) whether the final decision applied the correct
standards and was consistent with the procedures specified in
the military order referred to in subparagraph (A); and
(ii) whether subjecting an alien enemy combatant to such
order is consistent with the Constitution and laws of the
United States.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect on the day after the date of the
enactment of this Act.
(2) Review of combatant status tribunal and military
commission decisions.--Paragraphs (2) and (3) of subsection
(d) shall apply with respect to any claim whose review is
governed by one of such paragraphs and that is pending on or
after the date of the enactment of this Act.

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