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house Bill H.R. 3728

Detainment Reform Act of 2009

bill Progress

  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on Armed Services
      Committee on the Judiciary
      Constitution, Civil Rights and Civil Liberties
    IntroducedOctober 6th, 2009

Bill Details

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Detainment Reform Act of 2009

Official Title

To make certain improvements in the laws applicable to the detention of individuals at United States detainment facilities, and for other purposes.


Detainment Reform Act of 2009 - Directs the President, with respect to non-U.S. individuals taken into custody, to make a specific determination whether the individual poses a danger to U.S. security and interests based on specified criteria, including whether the individual is an agent of a foreign power against which the use of military force was authorized under the Authorization for Use of Military Force. Allows the U.S. to detain, for up to 14 days, an individual determined to pose such a danger. Requires the U.S., after such period, to initiate detention proceedings provided under this Act or other legal authority, release the individual, transfer the individual to a foreign government, or transfer the individual to an international tribunal with appropriate jurisdiction. Outlines procedures for detention proceedings, requiring a determination that the individual is an imperative threat to security, with the burden of proof upon the U.S. by a preponderance of the evidence. Requires the protection of national security information during such proceedings. Requires: (1) the head of any military or federal department or agency that has custody or control of a detainee, upon such detention, to notify the International Committee of the Red Cross of such custody or control; (2) Red Cross access to such detainees; and (3) a report on conditions of detainees and detainee facilities. Provides for the disposition of detainees entitled to the right of habeas corpus review, requiring each such detainee to be: (1) charged with an offense and transferred to a detention facility for further legal proceedings; (2) transferred to an international tribunal with appropriate jurisdiction; (3) transferred to the custody of the individual's country of citizenship or a different country, provided the transfer is consistent specified conditions; or (4) held in detention after being determined an imperative threat to security. Expresses the sense of Congress concerning the investigation, prosecution, and treatment of individuals and organizations suspected of involvement with international terrorism. Requires detainees to be held in accordance with conditions of confinement guaranteed by Article 3 of the Geneva Conventions. Requires a report identifying those nations, persons, or organizations considered to be forces covered by the Authorization for the Use of Military Force (P.L. 107-40) as having planned, committed, or aided the terrorist attacks of September 11, 2001, or as having harbored such persons or organizations as co-belligerents.

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