S.Amdt. 3013
What it does: Adds SEC. 1032. MILITARY CUSTODY FOR NON-UNITED STATES CITIZEN MEMBERS OF AL-QAEDA AND AFFILIATED ENTITIES at the end of subtitle D of title X
Sen. Jeff Sessions (R-AL)What it changes
1 change to S. 3254 · shown in the bill's text
Adds SEC. 1032. MILITARY CUSTODY FOR NON-UNITED STATES CITIZEN MEMBERS OF AL-QAEDA AND AFFILIATED ENTITIES at the end of subtitle D of title X
Adds a sectionIn 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. MILITARY CUSTODY FOR NON-UNITED STATES CITIZEN MEMBERS OF AL-QAEDA AND AFFILIATED ENTITIES.
Inserted: (a) Custody Pending Disposition Under Law of War.--
Inserted: (1) In general.--Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.
Inserted: (2) Covered persons.--The requirement in paragraph (1) shall apply to any person whose detention is authorized by 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) who is determined--
Inserted: (A) to be 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: (B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
Inserted: (3) Disposition under law of war.--For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1021(c) of the National Defense Authorization Act for Fiscal Year 2012, except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1028 of the National Defense Authorization Act for Fiscal Year 2012 (125 Stat. 1567; 10 U.S.C. 801 note).
Inserted: (4) Waiver for national security.--The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive, on a case-by-case basis, the requirement of paragraph (1) if the Secretary of Defense submits to Congress a certification in writing that such a waiver in the particular case is in the national security interests of the United States.
Inserted: (b) Inapplicability to United States Citizens.--The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
Inserted: (c) Effective Date.--This section shall take effect on the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after effective date.
Original wording
At the end of subtitle D of title X, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3013. Mr. SESSIONS submitted an amendment intended to be proposed by him 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, add the following:
SEC. 1032. MILITARY CUSTODY FOR NON-UNITED STATES CITIZEN MEMBERS OF AL-QAEDA AND AFFILIATED ENTITIES.
(a) Custody Pending Disposition Under Law of War.--
(1) In general.--Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.
(2) Covered persons.--The requirement in paragraph (1) shall apply to any person whose detention is authorized by 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) who is determined--
(A) to be 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
(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
(3) Disposition under law of war.--For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1021(c) of the National Defense Authorization Act for Fiscal Year 2012, except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1028 of the National Defense Authorization Act for Fiscal Year 2012 (125 Stat. 1567; 10 U.S.C. 801 note).
(4) Waiver for national security.--The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive, on a case-by-case basis, the requirement of paragraph (1) if the Secretary of Defense submits to Congress a certification in writing that such a waiver in the particular case is in the national security interests of the United States.
(b) Inapplicability to United States Citizens.--The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
(c) Effective Date.--This section shall take effect on the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after effective date.
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Senate amendment submitted
November 27, 2012