[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2325 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2325

   To provide for the disposition of certain persons detained in the 
 United States pursuant to the Authorization for Use of Military Force.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2013

  Mr. Smith of Washington (for himself and Mr. Gibson) introduced the 
following bill; which was referred to the Committee on Armed Services, 
and in addition to the Committee on Foreign Affairs, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To provide for the disposition of certain persons detained in the 
 United States pursuant to the Authorization for Use of Military Force.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Due Process and Military Detention 
Amendments Act''.

SEC. 2. DISPOSITION OF COVERED PERSONS DETAINED IN THE UNITED STATES 
              PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

    (a) Disposition.--Section 1021 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 
1562; 10 U.S.C. 801 note) is amended--
            (1) in subsection (c), by striking ``The disposition'' and 
        inserting ``Except as provided in subsection (g), the 
        disposition''; and
            (2) by adding at the end the following new subsections:
    ``(g) Disposition of Persons Detained in the United States.--
            ``(1) Persons detained pursuant to the authorization for 
        use of military force or the fiscal year 2012 national defense 
        authorization act.--In the case of a covered person who is 
        detained in the United States, or a territory or possession of 
        the United States, pursuant to the Authorization for Use of 
        Military Force (Public Law 107-40; 50 U.S.C. 1541 note) or this 
        Act, disposition under the law of war shall occur immediately 
        upon the person coming into custody of the Federal Government 
        and shall only mean the immediate transfer of the person for 
        trial and proceedings by a court established under article III 
        of the Constitution of the United States or by an appropriate 
        State court. Such trial and proceedings shall have all the due 
        process as provided for under the Constitution of the United 
        States.
            ``(2) Prohibition on transfer to military custody.--No 
        person detained, captured, or arrested in the United States, or 
        a territory or possession of the United States, may be 
        transferred to the custody of the Armed Forces for detention 
        under the Authorization for Use of Military Force or this Act.
    ``(h) Rule of Construction.--This section shall not be construed to 
authorize the detention of a person within the United States, or a 
territory or possession of the United States, under the Authorization 
for Use of Military Force or this Act.''.
    (b) Repeal of Requirement for Military Custody.--
            (1) Repeal.--Section 1022 of the National Defense 
        Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 
        Stat. 1563; 10 U.S.C. 801 note) is hereby repealed.
            (2) Conforming amendment.--Section 1029(b) of such Act 
        (Public Law 112-81; 125 Stat. 1569; 10 U.S.C. 801 note) is 
        amended by striking ``applies to'' and all that follows through 
        ``any other person'' and inserting ``applies to any person''.
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