To require notification of Congress with respect to the initial custody and further disposition of members of al-Qaeda and affiliated entities.

1. Adds SEC. 1038. REQUIRED NOTIFICATION OF CONGRESS WITH RESPECT TO THE INITIAL CUSTODY AND FURTHER DISPOSITION OF MEMBERS OF AL-QAEDA AND AFFILIATED ENTITIES at the end of subtitle D of title X

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   "(2) A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.".

   Inserted: SEC. 1038. REQUIRED NOTIFICATION OF CONGRESS WITH RESPECT TO THE INITIAL CUSTODY AND FURTHER DISPOSITION OF MEMBERS OF AL-QAEDA AND AFFILIATED ENTITIES.

   Inserted: (a) Required Notification With Respect to Initial Custody.--

   Inserted: (1) In general.--When a covered person, as defined in subsection (c), is taken into the custody of the United States Government, the Secretary of Defense and the Director of National Intelligence shall notify the specified congressional committees, as defined in subsection (d), within 10 days.

   Inserted: (2) Reporting requirement.--The notification submitted pursuant to paragraph (1) shall be in classified form and shall include, at a minimum, the suspect's name, nationality, date of capture by or transfer to the United States Government, location of such capture or transfer, places of custody since capture or transfer, suspected terrorist affiliation and activities, and agency responsible for interrogation.

   Inserted: (b) Required Notification With Respect to Further Disposition.--

   Inserted: (1) In general.--Not later than 10 days before a change of disposition under section 1031(c) is effected, the Secretary of Defense and the Director of National Intelligence shall notify and inform the specified congressional committees of such intended disposition.

   Inserted: (2) Reporting requirement.--The notification required under paragraph (1) shall be in classified form and shall include the relevant facts, justification, and rationale that serves as the basis for the disposition option chosen.

   Inserted: (c) Covered Persons.--For the purposes of this section, a covered person is a person who--

   Inserted: (1) is a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and

   Inserted: (2) has participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.

   Inserted: (d) Specified Congressional Committees.--In this section, the term "specified congressional committees" means--

   Inserted: (1) the Committee on Armed Services of the Senate;

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   Inserted: (2) the Committee on Armed Services of the House of Representatives;

   Inserted: (3) the Select Committee on Intelligence of the Senate; and

   Inserted: (4) the Permanent Select Committee on Intelligence of the House of Representatives.

   Inserted: (e) Effective Date.--This section shall take effect 60 days after the date of the enactment of this Act, and shall apply with respect to persons described in subsection (c) who are taken into the custody or brought under the control of the United States on or after that date.

   Original wording

   At the end of subtitle D of title X, add the following:

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As printed