[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1966 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1966
To require a report on the detainees held at Guantanamo Bay, Cuba.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 25, 2003
Mr. Bingaman introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require a report on the detainees held at Guantanamo Bay, Cuba.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPORT ON DETAINEES HELD AT GUANTANAMO BAY, CUBA.
(a) Report Required.--(1) Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the status of each detainee held at Guantanamo
Bay, Cuba.
(2) The report under paragraph (1) shall include, for each detainee
currently held at Guantanamo Bay, the following:
(A) The name and nationality of the detainee.
(B) A description of the process utilized to determine the
status of the detainee.
(C) A statement whether or not the process utilized by the
United States Government to determine the status of the
detainee complies with international law and United States law,
including Army Regulation 190-8 which requires that--
(i) in accordance with Article 5 of the Geneva
Convention on Prisoners of War, if any doubt arises as
to whether a person, having committed a belligerent act
and been taken into custody by the Armed Forces,
belongs to any of the categories enumerated in Article
4 of the Geneva Convention on Prisoners of War, such
person shall enjoy the protections of the Geneva
Convention on Prisoners of War until such time as the
status of such person has been determined by a
competent tribunal; and
(ii) a competent tribunal shall determine the
status of any person not appearing to be entitled to
prisoner of war status who has committed a belligerent
act or has engaged in hostile activities in aid of
enemy armed forces and who asserts that such person is
entitled to treatment as a prisoner of war, or
concerning whom any doubt of a like nature exists.
(D) A statement whether or not the United States Government
intends to charge or release the detainee.
(E) If the United States Government has not yet determined
whether or not to charge or release the detainee, a description
of the procedures to be utilized by the United States
Government to make such a determination, including a schedule
for carrying out such procedures.
(3) The report under paragraph (1) shall include, for each detainee
formerly held at Guantanamo Bay, the following:
(A) The name and nationality of the detainee.
(B) The terms of the conditional release agreement with
respect to the detainee.
(C) A statement of the basis for the determination of the
United States Government that the detainee no longer posed a
threat warranting detainment.
(D) A statement of the length of detainment of the
detainee, including the release date of the detainee.
(E) A description of the compensation, if any, provided, or
to be provided, to the detainee with respect to the detainment.
(4)(A) The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(B) Any classified annex to the report shall be submitted only to
the Chairman and Vice Chairman of the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) Geneva Convention on Prisoners of War Defined.--In this
section, the term ``Geneva Convention on Prisoners of War'' means the
Geneva Convention Relative to the Treatment of Prisoners of War, done
on August 12, 1949 (6 U.S.T. 3316).
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