S.Amdt. 3115
What it does: Adds SEC. 1032. DISPOSITION OF COVERED PERSONS DETAINED IN THE UNITED STATES PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE at the end of subtitle D of title X
Sen. Mark Udall (D-CO)What it changes
1 change to S. 3254 · shown in the bill's text
Adds SEC. 1032. DISPOSITION OF COVERED PERSONS DETAINED IN THE UNITED STATES PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE 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. DISPOSITION OF COVERED PERSONS DETAINED IN THE UNITED STATES PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
Inserted: 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--
Inserted: (1) in subsection (c), by striking "The disposition"and inserting "Except as provided in subsection (g), the disposition"; and
Inserted: (2) by adding at the end the following new subsections:
Inserted: "(g) Disposition of Covered Persons Detained in the United States.--
Inserted: "(1) Persons detained pursuant to this act, the authorization for use of military force, or the national defense authorization act for fiscal year 2013.--In the case of a covered person who is detained in the United States pursuant to this Act, the Authorization for Use of Military Force, or the National Defense Authorization Act for Fiscal Year 2013, 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.
Inserted: "(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, the Authorization for Use of Military Force, or the National Defense Authorization Act for Fiscal Year 2013.
Inserted: "(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, the Authorization for Use of Military Force, or the National Defense Authorization Act for Fiscal Year 2013.".
Inserted: SEC. 1033. REPEAL OF REQUIREMENT FOR MILITARY CUSTODY.
Inserted: (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.
Inserted: (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".
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 3115. Mr. UDALL of Colorado (for himself and Mr. Leahy) 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. 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, the authorization for use of military force, or the national defense authorization act for fiscal year 2013.--In the case of a covered person who is detained in the United States pursuant to this Act, the Authorization for Use of Military Force, or the National Defense Authorization Act for Fiscal Year 2013, 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, the Authorization for Use of Military Force, or the National Defense Authorization Act for Fiscal Year 2013.
“(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, the Authorization for Use of Military Force, or the National Defense Authorization Act for Fiscal Year 2013.”.
SEC. 1033. 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”.
Legislative Activity
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Senate amendment submitted
November 28, 2012