H.R.3038 - Guantanamo Detainees Procedures Act of 2005

To affirm the authority of the executive branch to detain foreign nationals as unlawful combatants, to enable a person detained as an unlawful combatant to challenge the basis for that detention and to receive a disposition within 2 years, to provide for the President to establish military tribunals to try such persons, and for other purposes. view all titles (2)

All Bill Titles

  • Short: Guantanamo Detainees Procedures Act of 2005 as introduced.
  • Official: To affirm the authority of the executive branch to detain foreign nationals as unlawful combatants, to enable a person detained as an unlawful combatant to challenge the basis for that detention and to receive a disposition within 2 years, to provide for the President to establish military tribunals to try such persons, and for other purposes. as introduced.

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Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
06/22/05
 
 
 
 
 
 
 

Official Summary

Guantanamo Detainees Procedures Act of 2005 - Requires that, whenever the United States detains a person on the basis that such person can be detained as an unlawful combatant or other similar basis, the person is entitled to a hearing as expeditiously as possible, but no later than six mon

Official Summary

Guantanamo Detainees Procedures Act of 2005 - Requires that, whenever the United States detains a person on the basis that such person can be detained as an unlawful combatant or other similar basis, the person is entitled to a hearing as expeditiously as possible, but no later than six months after the determination. Requires hearing disposition within two years of such determination, with an authorized extension if the person is determined to be a continuing threat to U.S. national security. Authorizes the President to establish tribunals for the trial of persons covered under this Act. Outlines procedural requirements. Requires an annual report from the Secretary of Defense to Congress on persons covered by this Act who are detained as unlawful combatants. Includes as covered by this Act a person who:
(1) is accused of knowingly planning, authorizing, committing, aiding, or abetting one or more terrorist acts against the United States or being part of, or supporting, forces engaged in armed conflict against the United States;
(2) is not a U.S. person or lawful permanent resident; and
(3) is not a prisoner of war.

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