(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "gov.uscourts.dcd.116163"

Case 1:05-cv-01458-UNA-AK Document 17-2 Filed 01/04/2006 Page 1 of 7 



H.R.2863 



©ne hundred Binth Congress 

of the 

United States of America 



AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 
the fourth day of January, two thousand and five 



2hi act 

Making appropriations for the Department of Defense for the fiscal year ending 
September 30, 2006, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

DIVISION A 

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006 

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2006, for military functions administered by the 
Department of Defense and for other purposes, namely: 

TITLE I 

MILITARY PERSONNEL 

Military Personnel, Army 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Army on active duty, (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; for members of the Reserve Officers' Training Corps; and 
for payments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $28,191,287,000. 

Military Personnel, Navy 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, and aviation 
cadets; for members of the Reserve Officers' Training Corps; and 
for payments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $22,788,101,000. 



Case 1:05-cv-01458-UNA-AK Document17-2 Filed 01/04/2006 Page 2 of 7 



H.R.2863— 60 

(J) An assessment, in a classified annex if necessary, 
of United States military requirements, including planned 
force rotations, through the end of calendar year 2006. 

Sec. 9011. Supervision and administration costs associated with 
a construction project funded with appropriations available for oper- 
ation and maintenance, and executed in direct support of the Global 
War on Terrorism only in Iraq and Afghanistan, may be obligated 
at the time a construction contract is awarded: Provided, That 
for the purpose of this section, supervision and administration 
costs include all in-house Government costs. 

Sec. 9012. Amounts appropriated or otherwise made available 
in this title are designated as making appropriations for contingency 
operations related to the global war on terrorism pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution 
on the budget for fiscal year 2006. 

TITLE X— MATTERS RELATING TO 
DETAINEES 

SEC. 1001. SHORT TITLE. 

This title may be cited as the "Detainee Treatment Act of 
2005". 

SEC. 1002. UNIFORM STANDARDS FOR THE INTERROGATION OF PER- 
SONS UNDER THE DETENTION OF THE DEPARTMENT OF 
DEFENSE. 

(a) In General. — No person in the custody or under the effec- 
tive control of the Department of Defense or under detention in 
a Department of Defense facility shall be subject to any treatment 
or technique of interrogation not authorized by and listed in the 
United States Army Field Manual on Intelligence Interrogation. 

(b) Applicability. — Subsection (a) shall not apply with respect 
to any person in the custody or under the effective control of 
the Department of Defense pursuant to a criminal law or immigra- 
tion law of the United States. 

(c) Construction. — Nothing in this section shall be construed 
to affect the rights under the United States Constitution of any 
person in the custody or under the physical jurisdiction of the 
United States. 

SEC. 1003. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREAT- 
MENT OR PUNISHMENT OF PERSONS UNDER CUSTODY 
OR CONTROL OF THE UNITED STATES GOVERNMENT. 

(a) In General. — No individual in the custody or under the 
physical control of the United States Government, regardless of 
nationality or physical location, shall be subject to cruel, inhuman, 
or degrading treatment or punishment. 

(b) Construction. — Nothing in this section shall be construed 
to impose any geographical limitation on the applicability of the 
prohibition against cruel, inhuman, or degrading treatment or 
punishment under this section. 

(c) Limitation on Supersedure. — The provisions of this section 
shall not be superseded, except by a provision of law enacted 
after the date of the enactment of this Act which specifically repeals, 
modifies, or supersedes the provisions of this section. 



Case 1:05-cv-01458-UNA-AK Document 17-2 Filed 01/04/2006 Page 3 of 7 



H.R.2863— 61 

(d) Cruel, Inhuman, or Degrading Treatment or Punish- 
ment Defined. — In this section, the term "cruel, inhuman, or 
degrading treatment or punishment" means the cruel, unusual, 
and inhumane treatment or punishment prohibited by the Fifth, 
Eighth, and Fourteenth Amendments to the Constitution of the 
United States, as defined in the United States Reservations, Dec- 
larations and Understandings to the United Nations Convention 
Against Torture and Other Forms of Cruel, Inhuman or Degrading 
Treatment or Punishment done at New York, December 10, 1984. 

SEC. 1004. PROTECTION OF UNITED STATES GOVERNMENT PER- 
SONNEL ENGAGED IN AUTHORIZED INTERROGATIONS. 

(a) Protection of United States Government Personnel. — 
In any civil action or criminal prosecution against an officer, 
employee, member of the Armed Forces, or other agent of the 
United States Government who is a United States person, arising 
out of the officer, employee, member of the Armed Forces, or other 
agent's engaging in specific operational practices, that involve deten- 
tion and interrogation of aliens who the President or his designees 
have determined are believed to be engaged in or associated with 
international terrorist activity that poses a serious, continuing 
threat to the United States, its interests, or its allies, and that 
were officially authorized and determined to be lawful at the time 
that they were conducted, it shall be a defense that such officer, 
employee, member of the Armed Forces, or other agent did not 
know that the practices were unlawful and a person of ordinary 
sense and understanding would not know the practices were unlaw- 
ful. Good faith reliance on advice of counsel should be an important 
factor, among others, to consider in assessing whether a person 
of ordinary sense and understanding would have known the prac- 
tices to be unlawful. Nothing in this section shall be construed 
to limit or extinguish any defense or protection otherwise available 
to any person or entity from suit, civil or criminal liability, or 
damages, or to provide immunity from prosecution for any criminal 
offense by the proper authorities. 

(b) Counsel. — The United States Government may provide 
or employ counsel, and pay counsel fees, court costs, bail, and 
other expenses incident to the representation of an officer, employee, 
member of the Armed Forces, or other agent described in subsection 
(a), with respect to any civil action or criminal prosecution arising 
out of practices described in that subsection, under the same condi- 
tions, and to the same extent, to which such services and payments 
are authorized under section 1037 of title 10, United States Code. 

SEC. 1005. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE 
THE UNITED STATES. 

(a) Submittal of Procedures for Status Review of 
Detainees at Guantanamo Bay, Cuba, and in Afghanistan and 
Iraq. — 

(1) In general. — Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committee on Armed Services and the Committee 
on the Judiciary of the Senate and the Committee on Armed 
Services and the Committee on the Judiciary of the House 
of Representatives a report setting forth — 

(A) the procedures of the Combatant Status Review 
Tribunals and the Administrative Review Boards estab- 
lished by direction of the Secretary of Defense that are 



Case 1:05-cv-01458-UNA-AK Document 17-2 Filed 01/04/2006 Page 4 of 7 



H.R.2863— 62 

in operation at Guantanamo Bay, Cuba, for determining 
the status of the detainees held at Guantanamo Bay or 
to provide an annual review to determine the need to 
continue to detain an alien who is a detainee; and 

(B) the procedures in operation in Afghanistan and 
Iraq for a determination of the status of aliens detained 
in the custody or under the physical control of the Depart- 
ment of Defense in those countries. 

(2) Designated civilian official. — The procedures sub- 
mitted to Congress pursuant to paragraph (1)(A) shall ensure 
that the official of the Department of Defense who is designated 
by the President or Secretary of Defense to be the final review 
authority within the Department of Defense with respect to 
decisions of any such tribunal or board (referred to as the 
"Designated Civilian Official") shall be a civilian officer of the 
Department of Defense holding an office to which appointments 
are required by law to be made by the President, by and 
with the advice and consent of the Senate. 

(3) Consideration of new evidence. — The procedures 
submitted under paragraph (1)(A) shall provide for periodic 
review of any new evidence that may become available relating 
to the enemy combatant status of a detainee. 

(b) Consideration of Statements Derived With Coercion. — 

(1) Assessment. — The procedures submitted to Congress 
pursuant to subsection (a)(1)(A) shall ensure that a Combatant 
Status Review Tribunal or Administrative Review Board, or 
any similar or successor administrative tribunal or board, in 
making a determination of status or disposition of any detainee 
under such procedures, shall, to the extent practicable, assess — 

(A) whether any statement derived from or relating 
to such detainee was obtained as a result of coercion; 
and 

(B) the probative value (if any) of any such statement. 

(2) Applicability. — Paragraph (1) applies with respect to 
any proceeding beginning on or after the date of the enactment 
of this Act. 

(c) Report on Modification of Procedures. — The Secretary 
of Defense shall submit to the committees specified in subsection 
(a)(1) a report on any modification of the procedures submitted 
under subsection (a). Any such report shall be submitted not later 
than 60 days before the date on which such modification goes 
into effect. 

(d) Annual Report. — 

(1) Report required. — The Secretary of Defense shall 
submit to Congress an annual report on the annual review 
process for aliens in the custody of the Department of Defense 
outside the United States. Each such report shall be submitted 
in unclassified form, with a classified annex, if necessary. The 
report shall be submitted not later than December 31 each 
year. 

(2) Elements of report. — Each such report shall include 
the following with respect to the year covered by the report: 

(A) The number of detainees whose status was 
reviewed. 

(B) The procedures used at each location. 

(e) Judicial Review of Detention of Enemy Combatants. — 



Case 1:05-cv-01458-UNA-AK Document17-2 Filed 01/04/2006 Page 5 of 7 



H.R.2863— 63 

(1) In general. — Section 2241 of title 28, United States 
Code, is amended by adding at the end the following: 

"(e) Except as provided in section 1005 of the Detainee Treat- 
ment Act of 2005, no court, justice, or judge shall have jurisdiction 
to hear or consider — 

"(1) an application for a writ of habeas corpus filed by 
or on behalf of an alien detained by the Department of Defense 
at Guantanamo Bay, Cuba; or 

"(2) any other action against the United States or its agents 
relating to any aspect of the detention by the Department 
of Defense of an alien at Guantanamo Bay, Cuba, who — 
"(A) is currently in military custody; or 
"(B) has been determined by the United States Court 
of Appeals for the District of Columbia Circuit in accord- 
ance with the procedures set forth in section 1005(e) of 
the Detainee Treatment Act of 2005 to have been properly 
detained as an enemy combatant.". 

(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 final decision of a Combatant 
Status Review Tribunal 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 was consistent with the standards and 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 rebut- 
table presumption in favor of the Government's evi- 
dence); and 

(ii) to the extent the Constitution and laws of 
the United States are applicable, whether the use of 
such standards and procedures to make the determina- 
tion 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 



Case 1:05-cv-01458-UNA-AK Document17-2 Filed 01/04/2006 Page 6 of 7 



H.R.2863— 64 

release of such alien from the custody of the Department 
of Defense. 

(3) Review of final decisions of military commis- 
sions. — 

(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 final decision rendered pursu- 
ant 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 imprison- 
ment 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 pursu- 
ant to the military order referred to in subparagraph 
(A), detained by the Department of Defense at Guanta- 
namo 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 a final decision with respect to an alien 
under this paragraph shall be limited to the consideration 
of— 

(i) whether the final decision was consistent with 
the standards and procedures specified in the military 
order referred to in subparagraph (A); and 

(ii) to the extent the Constitution and laws of 
the United States are applicable, whether the use of 
such standards and procedures to reach the final deci- 
sion is consistent with the Constitution and laws of 
the United States. 

(4) Respondent. — The Secretary of Defense shall be the 
named respondent in any appeal to the United States Court 
of Appeals for the District of Columbia Circuit under this 
subsection. 

(f) Construction. — Nothing in this section shall be construed 
to confer any constitutional right on an alien detained as an enemy 
combatant outside the United States. 

(g) United States Defined. — For purposes of this section, 
the term "United States", when used in a geographic sense, is 
as defined in section 101(a)(38) of the Immigration and Nationality 
Act and, in particular, does not include the United States Naval 
Station, Guantanamo Bay, Cuba. 

(h) Effective Date. — 

(1) In general. — This section shall take effect on the date 
of the enactment of this Act. 

(2) Review of combatant status tribunal and military 
commission decisions. — Paragraphs (2) and (3) of subsection 



Case 1:05-cv-01458-UNA-AK Document17-2 Filed 01/04/2006 Page 7 of 7 



H.R.2863— 65 

(e) 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. 

SEC. 1006. TRAINING OF IRAQI FORCES REGARDING TREATMENT OF 
DETAINEES. 

(a) Required Policies. — 

(1) In general. — The Secretary of Defense shall ensure 
that policies are prescribed regarding procedures for military 
and civilian personnel of the Department of Defense and con- 
tractor personnel of the Department of Defense in Iraq that 
are intended to ensure that members of the Armed Forces, 
and all persons acting on behalf of the Armed Forces or within 
facilities of the Armed Forces, ensure that all personnel of 
Iraqi military forces who are trained by Department of Defense 
personnel and contractor personnel of the Department of 
Defense receive training regarding the international obligations 
and laws applicable to the humane detention of detainees, 
including protections afforded under the Geneva Conventions 
and the Convention Against Torture. 

(2) Acknowledgment of training. — The Secretary shall 
ensure that, for all personnel of the Iraqi Security Forces who 
are provided training referred to in paragraph (1), there is 
documented acknowledgment of such training having been pro- 
vided. 

(3) Deadline for policies to be prescribed. — The policies 
required by paragraph (1) shall be prescribed not later than 
180 days after the date of the enactment of this Act. 

(b) Army Field Manual. — 

(1) Translation. — The Secretary of Defense shall provide 
for the United States Army Field Manual on Intelligence 
Interrogation to be translated into arabic and any other lan- 
guage the Secretary determines appropriate for use by members 
of the Iraqi military forces. 

(2) Distribution. — The Secretary of Defense shall provide 
for such manual, as translated, to be provided to each unit 
of the Iraqi military forces trained by Department of Defense 
personnel or contractor personnel of the Department of Defense. 

(c) Transmittal of Regulations. — Not less than 30 days after 
the date on which regulations, policies, and orders are first pre- 
scribed under subsection (a), the Secretary of Defense shall submit 
to the Committee on Armed Services of the Senate and the Com- 
mittee on Armed Services of the House of Representatives copies 
of such regulations, policies, or orders, together with a report on 
steps taken to the date of the report to implement this section. 

(d) Annual Report. — Not less than one year after the date 
of the enactment of this Act, and annually thereafter, the Secretary 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a report on the implementation of this section. 

This division may be cited as the "Department of Defense 
Appropriations Act, 2006".