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3 Subtitle D—Detainee Matters
4 SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED
5 FORCES OF THE UNITED STATES TO DETAIN
6 COVERED PERSONS PURSUANT TO THE AU-
7 THORIZATIONFOR
USE OF MILITARY FORCE.
8 (a) IN GENERAL.—Congress affirms that the author-
9 ity of the President to use all
necessary and appropriate
10 force pursuant to the
Authorization for Use of Military
11 Force (Public Law 107–40)
includes the authority for the
12 Armed Forces of the United
States to detain covered per-
13 sons (as defined in subsection
(b)) pending disposition
14 under the law of war.
15 (b) COVERED PERSONS.—A covered person under
16 this section is any person as
follows:
17 (1) A person who planned,
authorized, com-
18 mitted, or aided the terrorist
attacks that occurred
19 on September 11, 2001, or
harbored those respon-
20 sible for those attacks.
21 (2) A person who was a part of
or substantially
22 supported al-Qaeda, the
Taliban, or associated forces
23 that are engaged in
hostilities against the United
24 States or its coalition
partners, including any person
25 who has committed a
belligerent act or has directly
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1 supported such hostilities in
aid of such enemy
2 forces.
3 (c) DISPOSITION UNDER
LAW OF WAR.—The
dis-
4 position of a person under the
law of war as described
5 in subsection (a) may include
the following:
6 (1) Detention under the law of
war without
7 trial until the end of the
hostilities authorized by the
8 Authorization for Use of
Military Force.
9 (2) Trial under chapter 47A of
title 10, United
10 States Code (as amended by the
Military Commis-
11 sions Act of 2009 (title XVIII
of Public Law 111–
12 84)).
13 (3) Transfer for trial by an
alternative court or
14 competent tribunal having
lawful jurisdiction.
15 (4) Transfer to the custody or
control of the
16 person’s country of origin,
any other foreign coun-
17 try, or any other foreign
entity.
18 (d) CONSTRUCTION.—Nothing in this section is in-
19 tended to limit or expand the
authority of the President
20 or the scope of the
Authorization for Use of Military
21 Force.
22 (e) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—
23 The Secretary of Defense shall
regularly brief Congress
24 regarding the application of
the authority described in this
25 section, including the
organizations, entities, and individ-
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1 uals considered to be ‘‘covered
persons’’ for purposes of
2 subsection (b)(2).
3 SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
4 (a) CUSTODY PENDING
DISPOSITION UNDER LAW OF
5 WAR.—
6 (1) IN GENERAL.—Except as provided in para-
7 graph (4), the Armed Forces of
the United States
8 shall hold a person described
in paragraph (2) who
9 is captured in the course of
hostilities authorized by
10 the Authorization for Use of
Military Force (Public
11 Law 107–40) in military
custody pending disposition
12 under the law of war.
13 (2) COVERED PERSONS.—The requirement in
14 paragraph (1) shall apply to
any person whose de-
15 tention is authorized under
section 1031 who is de-
16 termined—
17 (A) to be a member of, or part
of, al-
18 Qaeda or an associated force
that acts in co-
19 ordination with or pursuant to
the direction of
20 al-Qaeda; and
21 (B) to have participated in
the course of
22 planning or carrying out an
attack or attempted
23 attack against the United
States or its coalition
24 partners.
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1 (3) DISPOSITION UNDER LAW OF WAR.—For
2 purposes of this subsection,
the disposition of a per-
3 son under the law of war has the
meaning given in
4 section 1031(c), except that no
transfer otherwise
5 described in paragraph (4) of
that section shall be
6 made unless consistent with the
requirements of sec-
7 tion 1033.
8 (4) WAIVER FOR NATIONAL SECURITY.—The
9 Secretary of Defense may, in
consultation with the
10 Secretary of State and the
Director of National In-
11 telligence, waive the
requirement of paragraph (1) if
12 the Secretary submits to
Congress a certification in
13 writing that such a waiver is
in the national security
14 interests of the United
States.
15 (b) APPLICABILITY TO UNITED STATES
CITIZENS
16 AND
LAWFUL RESIDENT ALIENS.—
17 (1) UNITED STATES CITIZENS.—The
require-
18 ment to detain a person in
military custody under
19 this section does not extend
to citizens of the United
20 States.
21 (2) LAWFUL RESIDENT ALIENS.—The
require-
22 ment to detain a person in
military custody under
23 this section does not extend
to a lawful resident
24 alien of the United States on
the basis of conduct
25 taking place within the United
States, except to the
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1 extent permitted by the
Constitution of the United
2 States.
Contact your Senators and your Representatives and urge them to amend section 1031 to include an exemption for US citizens and legal Resident Aliens.
Contact your Senators and your Representatives and urge them to amend section 1031 to include an exemption for US citizens and legal Resident Aliens.
