ability of the transcripts of the trial and the pro-
nouncement of judgment.
(18) That a convicted person be informed of
remedies and appeals and the time limits for the ex-
ercise of the person’s rights to the remedies and ap-
peals under the rules.
(19) That a preliminary proceeding be held
within 30 days of detention to determine whether
there is jurisdiction under section 3 over the person
and the offenses charged. The preliminary pro-
ceeding may be continued for an additional 30 days
for good cause shown.
(20) That the privilege of the writ of habeas
corpus under title 28, United States Code, or under
any other provision of law not be infringed.
(21) That the tribunal be comprised of a mili-
tary judge and not less than five members.
(b) IMPOSITION OF THE DEATH PENALTY.—The re-
quirements of the Uniform Code of Military Justice for
the imposition of the death penalty shall apply in any case
in which a tribunal established under section 3 is re-
quested to adjudge the death penalty.
(c) PUBLIC PROCEEDINGS.—Any proceedings con-
ducted by a tribunal established under section 3, and the
proceedings on any appeal of an action of the tribunal,
shall be accessible to the public consistent with any de-
monstrable necessity to secure the safety of observers, wit-
nesses, tribunal judges, counsel, or other persons.
(d) CONFIDENTIALITY
OF
EVIDENCE.—Evidence
available from an agency of the Federal Government that
is offered in a trial by a tribunal established under section
3 may be kept secret from the public only when the head
of the agency personally certifies in writing that disclosure
will cause—
(1) identifiable harm to the prosecution of mili-
tary objectives or interfere with the capture of mem-
bers of al Qaeda anywhere;
(2) significant, identifiable harm to intelligence
sources or methods; or
(3) substantial risk that such evidence could be
used for planning future terrorist attacks.
(e) REVIEW.—
(1) PROCEDURES REQUIRED.—The Secretary of
Defense shall provide for prompt review of convic-
tions by tribunals established under section 3 to en-
sure that the procedural requirements of a full and
fair hearing have been met and that the evidence
reasonably supports the convictions.
(2) UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES.—The procedures established
under paragraph (1) shall, at a minimum, allow for
review of the proceedings of the tribunals, and the
convictions and sentences of such tribunals, by the
United States Court of Appeals for the Armed
Forces established under the Uniform Code of Mili-
tary Justice.
(3) SUPREME
COURT.—The decisions of the
United States Court of Appeals for the Armed
Forces regarding proceedings of tribunals estab-
lished under section 3 shall be subject to review by
the Supreme Court by writ of certiorari.
SEC. 5. DETENTION.
(a) IN GENERAL.—The President may direct the Sec-
retary of Defense to detain any person who is subject to
a tribunal established under section 3 pursuant to rules
and regulations that are promulgated by the Secretary and
are consistent with international law of armed conflict.
(b) DURATION OF DETENTION.—
(1) LIMITATION.—A person may be detained
under subsection (a) only while—
(A) there is in effect for the purposes of
this section a certification by the President that
the United States Armed Forces are engaged in
a state of armed conflict with al Qaeda or
Taliban forces in the region of Afghanistan or
with al Qaeda forces elsewhere; or
(B) an investigation with a view toward
prosecution, a prosecution, or a post-trial pro-
ceeding in the case of such person, pursuant to
the provisions of this Act, is ongoing.
(2) CERTIFICATION AND RECERTIFICATION.—A
certification of circumstances made under paragraph
(1) shall be effective for 180 days. The President
may make successive certifications of the cir-
cumstances.
(c) DISCLOSURE OF EVIDENCE.—Evidence that may
establish that an accused is not a person described in sub-
section (a) shall be disclosed to the accused and his coun-
sel, except that a summary of such evidence shall be pro-
vided to the accused and his counsel when the Attorney
General personally certifies that disclosure of the evidence
would cause identifiable harm to the prosecution of mili-
tary objectives, to the capture of other persons who are
subject to this Act or reside outside the United States,
or to the prevention of future terrorist acts directed
against Americans. A summary of evidence shall be as
complete as is possible in order to provide the accused with
an evidentiary basis to seek release from detention.
(d) DETENTION REVIEW.—The United States Dis-
trict Court for the District of Columbia shall have exclu-
sive jurisdiction to review any determination under this
section that the requirements of this section for detaining
an accused are satisfied. Findings of fact shall be sus-
tained unless they are clearly erroneous. Conclusions of
law and mixed questions of law and fact shall be subject
to de novo review.
(e) CONDITIONS OF DETENTION.—A person detained
under this section 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. SENSE OF CONGRESS.
It is the sense of Congress that the President should
seek the cooperation of United States allies and other na-
tions in conducting the investigations and prosecutions, in-
cluding extraditions, of the persons who are responsible
for the September 11, 2001 attacks on the United States,
and use to the fullest extent possible multilateral institu-
tions and mechanisms for carrying out such investigations
and prosecutions.
SEC. 7. 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—
(1) each individual subject to, or detained pur-
suant to, a military tribunal authorized by this Act;
and
(2) each individual detained pursuant to any
actual or planned act of terrorism occurring on or
after September 11, 2001, who has not been re-
ferred for trial in connection with that act of ter-
rorism to a criminal court or to a military tribunal
authorized by this Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) SEPTEMBER
11, 2001
ATTACKS
ON
THE
UNITED STATES.—The term ‘‘September 11, 2001
attacks on the United States’’ means the attacks on
the Pentagon in the metropolitan area of Wash-
ington, District of Columbia, and the World Trade
Center, New York, New York, on September 11,
2001, and includes the hijackings of American Air-
lines flights 77 and 11 and United Airlines flights
175 and 93 on that date.
(2) UNITED STATES PERSON OR RESIDENT.—
The term ‘‘United States person or resident’’
means—
(A) a United States person, as such term
is defined in section 101(i) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C.
1801(i)); or
(B) an alien lawfully admitted to the
United States for permanent residence.
SEC. 9. TERMINATION OF AUTHORITY.
The authority under this Act shall terminate at the
end of December 31, 2005.
Æ