I 

113TH CONGRESS 

1ST SESSION H. R. 2325 

To provide for the disposition of certain persons detained in the United 

States pursuant to the Authorization for Use of Military Force. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2013 

Mr. SMITH of Washington (for himself and Mr. GIBSON) introduced the following bill; which was referred to the Committee on Armed Services, and 

in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the disposition of certain persons detained 

in the United States pursuant to the Authorization for 

Use of Military Force. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Due Process and Mili5 tary Detention Amendments Act’’. 

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1 SEC. 2. DISPOSITION OF COVERED PERSONS DETAINED IN 

2 THE UNITED STATES PURSUANT TO THE AU3 THORIZATION FOR USE OF MILITARY FORCE. 

4 (a) DISPOSITION.—Section 1021 of the National De5 fense Authorization Act for Fiscal Year 2012 (Public Law 

6 112–81; 125 Stat. 1562; 10 U.S.C. 801 note) is amend7 ed— 

8 (1) in subsection (c), by striking ‘‘The disposi9 tion’’ and inserting ‘‘Except as provided in sub10 section (g), the disposition’’; and 

11 (2) by adding at the end the following new sub12 sections: 

13 ‘‘(g) DISPOSITION OF PERSONS DETAINED IN THE

14 UNITED STATES.— 

15 ‘‘(1) PERSONS DETAINED PURSUANT TO THE

16 AUTHORIZATION FOR USE OF MILITARY FORCE OR

17 THE FISCAL YEAR 2012 NATIONAL DEFENSE AU18 THORIZATION ACT.—In the case of a covered person 

19 who is detained in the United States, or a territory 

20 or possession of the United States, pursuant to the 

21 Authorization for Use of Military Force (Public Law 

22 107–40; 50 U.S.C. 1541 note) or this Act, disposi23 tion under the law of war shall occur immediately 

24 upon the person coming into custody of the Federal 

25 Government and shall only mean the immediate 

26 transfer of the person for trial and proceedings by 

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1 a court established under article III of the Constitu2 tion of the United States or by an appropriate State 

3 court. Such trial and proceedings shall have all the 

4 due process as provided for under the Constitution 

5 of the United States. 

6 ‘‘(2) PROHIBITION ON TRANSFER TO MILITARY

7 CUSTODY.—No person detained, captured, or ar8 rested in the United States, or a territory or posses9 sion of the United States, may be transferred to the 

10 custody of the Armed Forces for detention under the 

11 Authorization for Use of Military Force or this Act. 

12 ‘‘(h) RULE OF CONSTRUCTION.—This section shall 

13 not be construed to authorize the detention of a person 

14 within the United States, or a territory or possession of 

15 the United States, under the Authorization for Use of 

16 Military Force or this Act.’’. 

17 (b) REPEAL OF REQUIREMENT FOR MILITARY CUS18 TODY.— 

19 (1) REPEAL.—Section 1022 of the National 

20 Defense Authorization Act for Fiscal Year 2012 

21 (Public Law 112–81; 125 Stat. 1563; 10 U.S.C. 801 

22 note) is hereby repealed. 

23 (2) CONFORMING AMENDMENT.—Section 

24 1029(b) of such Act (Public Law 112–81; 125 Stat. 

25 1569; 10 U.S.C. 801 note) is amended by striking 

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1 ‘‘applies to’’ and all that follows through ‘‘any other 

2 person’’ and inserting ‘‘applies to any person’’. 

Æ 

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