What it changes

1 change to S. 3254 · shown in the bill's text

Adds a section
  1. Adds SEC. 1032. REQUIRED NOTIFICATION OF CONGRESS WITH RESPECT TO THE INITIAL CUSTODY AND FURTHER DISPOSITION OF MEMBERS AL-QAEDA AND ASSOCIATED FORCES at the end of subtitle D of title X

    Adds a section

    In S. 3254 · Placed on Calendar Senate

    (b) Requirements for Certifications on Transfers of Detainees to Foreign Countries or Entities.--Section 1028(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 (125 Stat. 1567; 10 U.S.C. 801 note) is amended by inserting "or 2013" after "fiscal year 2012".

    Inserted: SEC. 1032. REQUIRED NOTIFICATION OF CONGRESS WITH RESPECT TO THE INITIAL CUSTODY AND FURTHER DISPOSITION OF MEMBERS AL-QAEDA AND ASSOCIATED FORCES.

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

    Inserted: (1) In general.--When a covered person, as defined in section 1022(a)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 801 note), 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 (c), within 10 days.

    Inserted: (2) Reporting requirement.--The notification submitted pursuant to paragraph (1) shall include, at a minimum, the suspect's name, nationality, date of capture or transfer to the United States, location of capture, 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 after the United States Government makes a determination regarding the intended disposition of a covered person under section 1021(c) of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 801 note), the Secretary of Defense and the Director of National Intelligence shall notify and inform the specified congressional committees of the intended disposition of the covered person.

    Inserted: (2) Reporting requirement.--The notification submitted pursuant to paragraph (1) shall include the relevant facts, justification, and rationale that serves as the basis for the disposition option chosen.

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

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

    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.

    Show 1 more inserted paragraph

    Inserted: (d) 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 section 1022(a)(2) of the National Defense Authorization Act for Fiscal Year 2012 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, insert the following:

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As printed

SA 3004. Ms. AYOTTE (for herself, Mr. Chambliss, and Mr. Inhofe) submitted an amendment intended to be proposed by her to the bill S. 3254, to authorize appropriations for fiscal year 2013 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; which was ordered to lie on the table; as follows:

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

SEC. 1032. REQUIRED NOTIFICATION OF CONGRESS WITH RESPECT TO THE INITIAL CUSTODY AND FURTHER DISPOSITION OF MEMBERS AL-QAEDA AND ASSOCIATED FORCES.

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

(1) In general.--When a covered person, as defined in section 1022(a)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 801 note), 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 (c), within 10 days.

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

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

(1) In general.--Not later than 10 days after the United States Government makes a determination regarding the intended disposition of a covered person under section 1021(c) of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 801 note), the Secretary of Defense and the Director of National Intelligence shall notify and inform the specified congressional committees of the intended disposition of the covered person.

(2) Reporting requirement.--The notification submitted pursuant to paragraph (1) shall include the relevant facts, justification, and rationale that serves as the basis for the disposition option chosen.

(c) Specified Congressional Committees.--In this section, the term “specified congressional committees” means--

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

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

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

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

(d) 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 section 1022(a)(2) of the National Defense Authorization Act for Fiscal Year 2012 who are taken into the custody or brought under the control of the United States on or after that date.

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Senate amendment submitted

November 27, 2012