[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1147 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1147

 To clarify the disposition of covered persons detained in the United 
States pursuant to the Authorization for Use of Military Force, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2013

  Mr. Udall of Colorado introduced the following bill; which was read 
         twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To clarify the disposition of covered persons detained in the United 
States pursuant to the Authorization for Use of Military Force, and for 
                            other purposes.

    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 of 2013''.

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

    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 Covered Persons Detained in the United 
States.--
            ``(1) Persons detained pursuant to this act or the 
        authorization for use of military force.--In the case of a 
        covered person who is detained in the United States pursuant to 
        this Act or the Authorization for Use of Military Force, 
        disposition under the law of war shall occur immediately upon 
        the person coming into custody of the United States Government 
        and shall only mean the immediate transfer of the person for 
        trial and proceedings with all the due process rights 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 this Act or the Authorization for Use of Military Force.
    ``(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 this Act or the 
Authorization for Use of Military Force.''.

SEC. 3. REPEAL OF REQUIREMENT FOR MILITARY CUSTODY.

    (a) 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.
    (b) Conforming Amendment.--Section 1029(b) of such Act (125 Stat. 
1570) is amended by striking ``applies to'' and all that follows 
through ``any other person'' and inserting ``applies to any person''.
                                 <all>