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Title: Guantanamo Bay Detainees Amendment
Vote Smart's Synopsis:
Vote to adopt an amendment that requires the Secretary of Defense to submit procedures for determining the status of detainees held at Guantanamo Bay to the Committees on the Judiciary of the Senate and the House.
Highlights:
- Requires a judicial review of an individual's status as an enemy combatant if the sentence is 10 years or more and that in all other cases review is up to the Court of Appeals for the District of Columbia.
- Prohibits any US court, justice or judge from hearing or considering a writ of habeas corpus filed by or on the behalf of a non-US citizen who is detained at Guantanamo Bay.
- Stipulates that only the US Court of Appeals for the District of Columbia can hear an appeal to determine if a non-US citizen has been detained properly as an enemy combatant at Guantanamo Bay.
- Indicates that the Court of Appeals for the District of Columbia is limited to reviewing whether a detainee was determined to be an enemy combatant in a manner that is consistent with the procedures submitted by the Secretary of Defense and whether those procedures are constitutional and consistent with United States law.