SEC. 3. DETENTION OF ENEMY COMBATANTS.
(a) AUTHORITY.—A United States person or resident
may be detained as an enemy combatant in accordance
with this Act if the United States person or resident is
a member of al Qaeda, or knowingly cooperated with a
member of al Qaeda in the planning, authorizing, commit-
ting, aiding, or abetting of one or more terrorist acts
against the United States. Nothing in this Act shall apply
to a United States person or resident who is a prisoner
of war within the meaning of the Geneva Convention Rel-
ative to the Treatment of Prisoners of War, signed at Ge-
neva on August 12, 1949 (6 UST 3316).
(b) 
AUTHORITY
TO
ESTABLISH
PROCEDURAL
RULES.—The Secretary of Defense, in consultation with
the Secretary of State and the Attorney General, shall pre-
scribe and publish in the Federal Register, and report to
the Committees on the Judiciary of the Senate and the
House of Representatives, the standards, process, and cri-
teria to be used for the determination that an American
citizen or lawful resident is an enemy combatant under
subsection (a) and for the detention of such an enemy
combatant.
SEC. 4. PROCEDURAL REQUIREMENTS.
The rules prescribed for the detention of enemy com-
batants shall establish clear standards and procedures
governing detention of a United States person or resident
that preserve the Government’s ability to detain those who
may threaten the United States, assist in the gathering
of vital intelligence, and protect the confidentiality of that
information or any other information which, if released,
could impede the Government’s investigation of terrorism.
Such rules shall also guarantee timely access to judicial
review to challenge the basis for a detention, and permit
the detainee access to counsel.
SEC. 5. DETENTION.
(a) DURATION OF DETENTION.—
(1) LIMITATION.—A United States person or
resident may be detained under subsection (a) of
section 3 only while there is in effect for the pur-
poses of this section a certification by the President
that—
(A) the United States Armed Forces are
engaged in a state of armed conflict with al
Qaeda and an investigation with a view toward
prosecution, a prosecution, or a post-trial pro-
ceeding in the case of such person or resident
is ongoing; or
(B) detention is warranted in order to pre-
vent such person or resident from aiding per-
sons attempting to commit terrorist acts
against the United States.
(2) CERTIFICATION AND RECERTIFICATION.—A
certification referred to in paragraph (1) shall be ef-
fective for 180 days. The President may make suc-
cessive certifications under that paragraph.
(b) DETENTION REVIEW.—The United States Dis-
trict Court for the District of Columbia shall have exclu-
sive jurisdiction to review any detention under this Act
to ensure that the requirements of this Act for detaining
an accused are satisfied.
(c) CONDITIONS OF DETENTION.—A person detained
under this Act shall be—
(1) detained at an appropriate location des-
ignated by the Secretary of Defense;
(2) treated humanely, without any adverse dis-
tinction based on race, color, religion, gender, birth,
wealth, or any similar criteria;
(3) afforded adequate food, drinking water,
shelter, clothing, and medical treatment;
(4) sheltered under hygienic conditions and pro-
vided necessary means of personal hygiene; and
(5) allowed the free exercise of religion con-
sistent with the requirements of such detention.
SEC. 6. REPORTS TO CONGRESS.
Not less often than once every 12 months, the Presi-
dent shall submit to the Congress a report on the use of
the authority provided by this Act. Each such report shall
specify each individual subject to, or detained pursuant
to, the authority provided by this Act.
SEC. 7. UNITED STATES PERSON OR RESIDENT DEFINED.
In this Act, the term ‘‘United States person or resi-
dent’’ means—
(1) a United States person, as such term is de-
fined in section 101(i) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(i)); or
(2) an alien lawfully admitted to the United
States for permanent residence.
SEC. 8. TERMINATION OF AUTHORITY.
The authority under this Act may not be exercised
after December 31, 2005.
Æ