To revise the provisions relating to detainee matters.

SA 1107. Mr. UDALL of Colorado submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; as follows:

Strike subtitle D of title X and insert the following:

Subtitle D--Detainee Matters

SEC. 1031. REVIEW OF AUTHORITY OF THE ARMED FORCES OF THE
UNITED STATES TO DETAIN COVERED PERSONS
PURSUANT TO THE AUTHORIZATION FOR USE OF
MILITARY FORCE.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with appropriate officials in the Executive
Office of the President, the Director of National
Intelligence, the Secretary of State, the Secretary of
Homeland Security, and the Attorney General, submit to the
appropriate committees of Congress a report setting forth the
following:
(1) A statement of the position of the Executive Branch on
the appropriate role for the Armed Forces of the United
States in the detention and prosecution of covered persons
(as defined in subsection (b)).
(2) A statement and assessment of the legal authority
asserted by the Executive Branch for such detention and
prosecution.
(3) A statement of any existing deficiencies or anticipated
deficiencies in the legal authority for such detention and
prosecution.
(b) Covered Persons.--A covered person under this section
is any person, other than a member of the Armed Forces of the
United States, whose detention or prosecution by the Armed
Forces of the United States is consistent with the laws of
war and based on authority provided by any of the following:
(1) The Authorization for Use of Military Force (Public Law
107-40).
(2) The Authorization for Use of Military Force Against
Iraq Resolution 2002 (Public Law 107-243).
(3) Any other statutory or constitutional authority for use
of military force.
(c) Congressional Action.--Each of the appropriate
committees of Congress may, not later than 45 days after
receipt of the report required by subsection (a), hold a
hearing on the report, and shall, within 45 days of such
hearings, report to Congress legislation, if such committee
determines legislation is appropriate and advisable,
modifying or expanding the authority of the Executive Branch
to carry out detention and prosecution of covered persons.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on the
Judiciary, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on the
Judiciary, and the Permanent Select Committee on Intelligence
of the House of Representatives.
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