tection all classes of men, at all times, and under all 
circumstances.’’ Ex Parte Milligan. 
(14) Nothing in this Act permits the Govern-
ment, even in wartime, to detain American citizens 
or other persons lawfully in the United States as 
enemy combatants indefinitely without charges and 
hold them incommunicado without a hearing and 
without access to counsel on the basis of a unilateral 
determination that the person may be connected 
with an organization that intends harm to the 
United States. The Supreme Court has held that a 
citizen held in the United States as an enemy com-
batant must be given a meaningful opportunity to 
challenge the factual basis for that detention before 
a neutral decisionmaker. Hamdi v. Rumsfeld, 542 
U.S. 1 (2004). The Supreme Court has held that 
even enemy aliens within the United States are enti-
tled to habeas review of their conviction. Ex Parte 
Quirin, 317 U.S. 1 (1942); Johnson v. Eisentrager, 
339 U.S. 763 (1950). 
(15) The validity of the detention of citizens as 
enemy combatants may be challenged by a writ of 
habeas corpus. As the right of habeas corpus may be 
effectively nullified by denial of the assistance of
counsel, a citizen detained as an enemy combatant 
may not be indefinitely denied access to counsel. 
(16) The Congress has a responsibility for 
maintaining vigorous oversight of detention of 
United States citizens and lawful residents to assure 
that such detentions are consistent with due process. 
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, 2007. 
Æ