text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Terrorist Detainees Procedures Act 
  of 2009''.
  
  SEC. 2. PROHIBITION OF DETENTION OF UNLAWFUL ENEMY COMBATANTS AT NAVAL 
                STATION, GUANTANAMO BAY, CUBA.
  
      As soon as practicable, but by not later than December 31, 2009, 
  the President shall ensure that no person alleged to be an unlawful 
  enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba.
  
  SEC. 3. STATUS REVIEWS FOR INDIVIDUALS DETAINED AT GUANTANAMO BAY, 
                CUBA.
  
      (a) Status Reviews Required.--In the case of a person described in 
  subsection (b), the status of the person shall be determined by a panel 
  of three military judges in accordance with this section.
      (b) Person Described.--A person described in this subsection is a 
  person who, as of the date of the enactment of this Act, is detained by 
  the United States at Naval Station, Guantanamo Bay, Cuba, and who is 
  suspected of being an unlawful enemy combatant.
      (c) Jurisdiction.--The panel of military judges convened to conduct 
  a status review under this section shall have exclusive jurisdiction to 
  determine the status of the person suspected of being an unlawful enemy 
  combatant.
      (d) Procedure.--A review under this section shall be conducted 
  under the same procedures as are applicable to an investigation under 
  section 832 (article 32) of title 10, United States Code, except that a 
  person whose status is reviewed under subsection (a) shall also be 
  entitled to an interpreter with appropriate security clearance.
      (e) Military Judges.--To serve as a military judge for purposes of 
  a status review under this section, a military judge shall be a 
  commissioned officer of the armed forces who is a member of the bar of 
  a Federal court or a member of the bar of the highest court of a State 
  and who is certified to be qualified for duty as a military judge by 
  the Judge Advocate General of the armed force of which such military 
  judge is a member.
      (f) Deadline for Review.--Each person described in subsection (b) 
  shall receive a status review under this section by no later than the 
  date that is 120 days after the date of the enactment of this Act, 
  unless a military judge determines that such date should be extended 
  for good cause.
      (g) Conforming Repeal.--The Detainee Treatment Act of 2005 (title X 
  of Public Law 109-148; 119 Stat. 2742) is amended by striking section 
  1005 and the Detainee Treatment Act of 2005 (title XIV of Public Law 
  109-163; 119 Stat. 3474) is amended by striking section 1405.
      (h) Treatment of Combatant Status Review Tribunals.--A review 
  conducted pursuant to section 1005 of the Detainee Treatment Act of 
  2005 (title X of Public Law 109-148; 119 Stat. 2742; 10 U.S.C. 801 
  note), as in effect before the date of the enactment of this Act, shall 
  not satisfy the requirement of subsection (a).
  
  SEC. 4. DISPOSITION OF DETAINEES AFTER STATUS REVIEWS.
  
      (a) Unlawful Enemy Combatants.--
              (1) In general.--Any person who is determined, pursuant to 
          a review under section 3, to be an unlawful enemy combatant 
          shall be--
                      (A) transferred to a military or civilian detention 
                  facility in the United States, charged with a violation 
                  of United States or international law, and tried--
                              (i) by courts-martial under chapter 47 of 
                          title 10, United States Code (the Uniform Code 
                          of Military Justice); or
                              (ii) in a district court of the United 
                          States;
                      (B) transferred to an international tribunal 
                  operating under the authority of the United Nations 
                  with jurisdiction to hold trials of such person;
                      (C) transferred to a NATO-run detention facility, 
                  or to a different country, provided that there are 
                  adequate assurances that the person will not be subject 
                  to torture in that country, consistent with the 
                  obligations of the United States under international 
                  law; or
                      (D) held in accordance with the law of armed 
                  conflict until the earlier of--
                              (i) the cessation of the hostilities that 
                          are directly related to the person's initial 
                          detention; or
                              (ii) such time as the person is determined 
                          to no longer be a threat.
              (2) Charges.--If charges are brought under subsection 
          (a)(1)(A) against a person determined to be an unlawful enemy 
          combatant pursuant to a review under section 3, such charges 
          shall be brought before the end of the 120-day period that 
          begins on the date on which such review is concluded, unless a 
          military judge determines that relevant evidence has become 
          available after the end of such period and that such period 
          should be extended.
      (b) Other Detainees.--Any person who is determined, pursuant to a 
  review under section 3, not to be an unlawful enemy combatant and who 
  is not suspected of violating any law of the United States or any 
  international law shall be--
              (1) transferred to the person's country of citizenship, 
          place of capture, or a different country, as long as that 
          country provides adequate assurances that the person will not 
          be subject to torture, consistent with the obligations of the 
          United States under international law; or
              (2) released.
      (c) Construction.--The transfer of a person under subsection (a) 
  shall not be considered an entry into the United States for purposes of 
  immigration status.
  
  SEC. 5. HABEAS CORPUS FOR DETAINEES AT GUANTANAMO BAY, CUBA.
  
      (a) Repeal of Prohibition on Habeas Corpus.--Section 2241 of title 
  28, United States Code, is amended by striking subsection (e).
      (b) Jurisdiction.--An application for a writ of habeas corpus 
  brought by a person described in section 3(b) may only be heard in the 
  United States District Court for the District of Columbia.
      (c) Sense of Congress.--It is the sense of Congress that the 
  judicial review of all applications for writs of habeas corpus brought 
  by persons described in section 3(b) that are pending as of the date of 
  the enactment of this Act should be suspended until the completion of 
  the status reviews required under section 3.
  
  SEC. 6. REPEAL OF MILITARY COMMISSIONS ACT OF 2006.
  
      (a) Repeal.--Title 10, United States Code, is amended by striking 
  chapter 47A.
      (b) Conforming Amendments.--Title 10, United States Code, as 
  amended by subsection (a), is further amended--
              (1) in tables of chapters at the beginning of subtitle A, 
          and at the beginning of part II of subtitle A, by striking the 
          item relating to chapter 47A;
              (2) in section 802(a) (article 2) by striking paragraph 
          (13);
              (3) in each of sections 821, 828, 848, 850(a), 904, and 906 
          (articles 21, 28, 48, 50(a), 104, and 106) by striking the 
          following: ``This section does not apply to a military 
          commission established under chapter 47A of this title.''; and
              (4) in section 836 (article 36)--
                      (A) in subsection (a), by striking ``, except as 
                  provided in chapter 47A of this title,''; and
                      (B) in subsection (b), by striking ``, except 
                  insofar as applicable to military commissions 
                  established under chapter 47A of this title''.
  
  SEC. 7. REPORT ON COMPREHENSIVE DETAINEE POLICY.
  
      Not later than 120 days after the date of the enactment of this 
  Act, the President shall submit to Congress a report containing the 
  President's recommendations with respect to any statutory changes 
  necessary to implement a comprehensive Federal policy governing the 
  apprehension, detention, trial, transfer, release, or other disposition 
  of individuals captured or apprehended in connection with armed 
  conflicts and counterterrorism operations.
  
  SEC. 8. DEFINITIONS.
  
      In this Act:
              (1) The term ``unlawful enemy combatant'' means a person 
          who has engaged in hostilities or who has purposefully and 
          materially supported hostilities against the United States or 
          its co-belligerents who is not a lawful enemy combatant 
          (including a person who is part of the Taliban, al Qaeda, or 
          associated forces).
              (2) The term ``co-belligerent'', with respect to the United 
          States, means any State or armed force joining and directly 
          engaged with the United States in hostilities or directly 
          supporting hostilities against a common enemy.
              (3) The term ``lawful enemy combatant'' means a person who 
          is--
                      (A) a member of the regular forces of a State party 
                  engaged in hostilities against the United States;
                      (B) a member of a militia, volunteer corps, or 
                  organized resistance movement belonging to a State 
                  party engaged in such hostilities, which are under 
                  responsible command, wear a fixed distinctive sign 
                  recognizable at a distance, carry their arms openly, 
                  and abide by the law of war; or
                      (C) a member of a regular armed force who professes 
                  allegiance to a government engaged in such hostilities, 
                  but not recognized by the United States.
  
  SEC. 9. EFFECTIVE DATE.
  
      The amendments made by this Act shall take effect on the date of 
  the enactment of this Act, and shall apply to all cases, without 
  exception, pending on or after the date of the enactment of this Act 
  which relate to any aspect of the detention, transfer, treatment, 
  trial, or conditions of detention of an alien detained by the United 
  States since September 11, 2001.
target: Terrorist Detainees Protection Act of 2009 - Directs the President to ensure that by the end of calendar 2009 no person alleged to be an unlawful enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba.
  
  Requires a status review by a panel of three military judges of any Guantanamo detainee suspected of being an unlawful enemy combatant.
  
  Requires that any person determined, pursuant to such a review, to be an unlawful enemy combatant to be: (1) transferred to a military or civilian detention facility in the United States, charged with a violation of U.S. or international law, and tried by courts-martial or in a district court; (2) transferred to an international tribunal operating under the authority of the United Nations with jurisdiction to hold trials of such a person; (3) transferred to a NATO-run detention facility, or to a different country, provided there are adequate assurances that the person will not be subject to torture in that country; or (4) held in accordance with the law of armed conflict. Provides for the disposition of other detainees after status reviews, including possible release.
  
  Repeals the prohibition on habeaus corpus for detainees at Guantanamo Bay, Cuba.
  
  Expresses the sense of Congress that the judicial review of all applications for writs of habeas corpus brought by detainees that are pending as of the date of enactment of this Act should be suspended until the completion of the status reviews.
  
  Repeals the Military Commissions Act of 2006.
  
  Requires the President to report to Congress any recommendations for statutory changes necessary to implement a comprehensive federal policy governing the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.
feat_title: To prohibit the detention of enemy combatants at Naval Station, Guantanamo Bay, Cuba, to provide for de novo combatant status reviews by military judges, to repeal the Military Commissions Act of 2006, and for other purposes.